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politicalbetting.com » Blog Archive » By signing the Good Friday Agreement 21 years ago the UK made

SystemSystem Posts: 11,017
edited August 2019 in General

imagepoliticalbetting.com » Blog Archive » By signing the Good Friday Agreement 21 years ago the UK made any subsequent EU exit harder and more dangerous

In a post here last year I highlighted an article by John McTernan, Tony Blair’s former director of political operations, which sought to set out clearly why the Northern Ireland border has been such an issue in the Brexit negotiations. He wrote:

Read the full story here


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Comments

  • Options
    CarlottaVanceCarlottaVance Posts: 59,612
    First!
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    CarlottaVanceCarlottaVance Posts: 59,612
    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?
  • Options
    Indeed. This is why there are supermajorities for major Constitutional changes. We have them but they were used. Parliament failed at every stage, Referendum Act, A50 Act and Withdrawal Act to engineer safeguards. It was an advisory referendum on a clear but entirely abstract question. Instead of safeguards almost the entire political class made matters worse by elevating the Referendum result into a Constitutional change in itself - popular soverienty - whuch is alien to the British system. Now no matter what happens, what ever the outcome, will be a political disaster. We are in the early stages of complete system failure made worse by many thinking we are reaching resolution. This is going to be bloody and quite possibly literally.
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    Presumably when the Belfast Agreement was negotiated and signed nobody thought the UK would ever be daft enough to leave the EU. It is easy to understand why.

    As regards referendums, I would appreciate it if someone could clarify for me how the EU Referendum comes to be regarded as Holy Writ, whilst those leading to the BA can be ignored.

    Personally I regard referendums as essentially advisory, but if they are to be seen as mandatory, why some and not others?
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    StreeterStreeter Posts: 684
    edited August 2019

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?

    Because without regulatory checks there is no means of the EU assuring itself that products which fail to meet its standards will not enter the Single Market.
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    OblitusSumMeOblitusSumMe Posts: 9,143
    If you compare Britain to a different north European country in the EU - Sweden perhaps - you can see that it's the post-Imperial detritus (Northern Ireland, Gibraltar, Cyprus) that complicates our departure from the EU.

    Any other non-Eurozone country would find it massively easier to disentangle themselves.
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    edmundintokyoedmundintokyo Posts: 17,150
    This is why Sylvia Hermon is the person to lead the GoNAfaE.

    Say you're a Labour MP in a heavily leave-voting constituency. You're opposed to No Deal but you support Brexit, or want your constituents to think you do.

    Jeremy Corbyn has been voted down or not voted on because he obviously didn't have the numbers. Obviously you won't back Ken Clarke or some other Tory grandee who many of your constituents hate with a passion, or a LibDem who your members hate with an even greater passion. Then Sylvia Hermon comes up for a vote. She tells her story about how she joined the UUP after seeing how they put aside partisan differences and compromised for peace, and also mentions that left them and won as an independent after they hooked up with the Tories. She goes on telly and makes a heartfelt appeal to stop No Deal and protect the peace.

    Imagine you vote her down and the Troubles kick off again. Do you want that to be *your* responsibility?
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    OldKingColeOldKingCole Posts: 31,974
    Streeter said:

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?

    Because without regulatory checks there is no means of the EU assuring itself that products which fail to meet its standards will not enter the Single Market.
    See, especially, the much anticipated prospect of a British/US trade deal, where the US appears to be asking why the problem with chlorinated chicken etc.
    Agricultural standards are a major cause of dissension between the US and the EU.
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    moonshinemoonshine Posts: 5,244

    Indeed. This is why there are supermajorities for major Constitutional changes. We have them but they were used. Parliament failed at every stage, Referendum Act, A50 Act and Withdrawal Act to engineer safeguards. It was an advisory referendum on a clear but entirely abstract question. Instead of safeguards almost the entire political class made matters worse by elevating the Referendum result into a Constitutional change in itself - popular soverienty - whuch is alien to the British system. Now no matter what happens, what ever the outcome, will be a political disaster. We are in the early stages of complete system failure made worse by many thinking we are reaching resolution. This is going to be bloody and quite possibly literally.

    “The advisory referendum” argument. Yawn. How about we hold another “advisory” referendum on No Deal vs Deal vs Remain and if Remains wins, leave anyway with No Deal. After all, it was only advisory so why should anyone care?
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    CarlottaVanceCarlottaVance Posts: 59,612
    Streeter said:

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?

    Because without regulatory checks there is no means of the EU assuring itself that products which fail to meet its standards will not enter the Single Market.
    So the people of Northern Ireland's consent to how they are governed is to be removed for the convenience of the EU single market? And this is consistent with the Belfast Agreement how?
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    This is why Sylvia Hermon is the person to lead the GoNAfaE.

    Say you're a Labour MP in a heavily leave-voting constituency. You're opposed to No Deal but you support Brexit, or want your constituents to think you do.

    Jeremy Corbyn has been voted down or not voted on because he obviously didn't have the numbers. Obviously you won't back Ken Clarke or some other Tory grandee who many of your constituents hate with a passion, or a LibDem who your members hate with an even greater passion. Then Sylvia Hermon comes up for a vote. She tells her story about how she joined the UUP after seeing how they put aside partisan differences and compromised for peace, and also mentions that left them and won as an independent after they hooked up with the Tories. She goes on telly and makes a heartfelt appeal to stop No Deal and protect the peace.

    Imagine you vote her down and the Troubles kick off again. Do you want that to be *your* responsibility?


    Not sure many such MPs would regard a return to Troubles as being their responsibility, or care if they did. As a point of information however, how many constituencies are there where the local MP's supporters would 'hate Ken Clarke with a passion'? How many such supporters in each?
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    moonshine said:

    Indeed. This is why there are supermajorities for major Constitutional changes. We have them but they were used. Parliament failed at every stage, Referendum Act, A50 Act and Withdrawal Act to engineer safeguards. It was an advisory referendum on a clear but entirely abstract question. Instead of safeguards almost the entire political class made matters worse by elevating the Referendum result into a Constitutional change in itself - popular soverienty - whuch is alien to the British system. Now no matter what happens, what ever the outcome, will be a political disaster. We are in the early stages of complete system failure made worse by many thinking we are reaching resolution. This is going to be bloody and quite possibly literally.

    “The advisory referendum” argument. Yawn. How about we hold another “advisory” referendum on No Deal vs Deal vs Remain and if Remains wins, leave anyway with No Deal. After all, it was only advisory so why should anyone care?
    It's a yawn for you? You had better go back to sleep then. For some, it's a matter of life and death, quite literally.
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    AlastairMeeksAlastairMeeks Posts: 30,340
    Boris Johnson seems to be living the Theresa May premiership in fast forward. No deal is better than a bad deal lasted a month this time, and he’s off to Berlin, Paris and Dublin in his unsuccessful attempt to gain a figleaf for himself next.
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    moonshinemoonshine Posts: 5,244

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?


    Quite. And all concerned have been quite prepared to tolerate VAT and duty smuggling across these two different fiscal areas for the past 21 years, as a messy compromise in the name of keeping the peace. Notwithstanding that the criminals profiteering from this are likely highly correlated with the criminals that say they’d murder anyone who tried to perform checks at the border.

    So what’s the big deal in also tolerating some further low grade smuggling that arbitrages tariff differentials (slight as they will likely be)? Most of the value will be policed by trusted trader / big firm audits and self declarations form SMEs (the owners of which are already trusted to be law abiding when making their income tax self declarations).

    Go on, I dare China (perennial trade law breaker) or the US (committed to peace in Ireland) to sue the UK and EU through the WTO tribunal for improperly policing tariff schedules.

    Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London.

    We’ve entered Wonderland in this debate. It’s really not as intractable a problem as is made out when you look at it with a problem solving hat on rather than with some other agenda.
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    Imagine you vote her down and the Troubles kick off again. Do you want that to be *your* responsibility?

    No no. It is not your personal refusal to compromise that makes the Troubles kick off again. It is the lack of compromise of the Tory Swinson. Of Actual Tories. Of Red Tories. These are the people who refuse to compromise to let the anti-semite become PM. Not your compromise to accept that anyone other than Magic Grandpa should be PM in such times of emergency.

    Yes, I know this position is *gross* hypocrisy. But it being whipped into a frenzy by cretins like Bastani and Jones

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    Sean_FSean_F Posts: 35,830

    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.
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    CharlesCharles Posts: 35,758
    The principle of consent is what can solve this issue. Ie a NI referendum on the backstop.

    Unless there is something behind the scenes (DUP opposition?) or no way to prevent idiots in Parliament amending the legislation (eg to change the NI referendum to a U.K. wide Remain vs Revoke referendum) then why has it not been proposed?
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    CharlesCharles Posts: 35,758

    Presumably when the Belfast Agreement was negotiated and signed nobody thought the UK would ever be daft enough to leave the EU. It is easy to understand why.

    As regards referendums, I would appreciate it if someone could clarify for me how the EU Referendum comes to be regarded as Holy Writ, whilst those leading to the BA can be ignored.

    Personally I regard referendums as essentially advisory, but if they are to be seen as mandatory, why some and not others?

    Because they are not inconsistent. It’s Varadkar’s pathetic politicking that has inflamed this sore. Shame on him.
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    OldKingColeOldKingCole Posts: 31,974
    moonshine said:

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?


    Quite. And all concerned have been quite prepared to tolerate VAT and duty smuggling across these two different fiscal areas for the past 21 years, as a messy compromise in the name of keeping the peace. Notwithstanding that the criminals profiteering from this are likely highly correlated with the criminals that say they’d murder anyone who tried to perform checks at the border.

    So what’s the big deal in also tolerating some further low grade smuggling that arbitrages tariff differentials (slight as they will likely be)? Most of the value will be policed by trusted trader / big firm audits and self declarations form SMEs (the owners of which are already trusted to be law abiding when making their income tax self declarations).

    Go on, I dare China (perennial trade law breaker) or the US (committed to peace in Ireland) to sue the UK and EU through the WTO tribunal for improperly policing tariff schedules.

    Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London.

    We’ve entered Wonderland in this debate. It’s really not as intractable a problem as is made out when you look at it with a problem solving hat on rather than with some other agenda.
    'Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London. '

    Isn't that the nub of the problem? One side say that NI should have EU standards, the other that it need not have. However both sides say that 'it's a matter of principle'.
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    CharlesCharles Posts: 35,758

    moonshine said:

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?


    Quite. And all concerned have been quite prepared to tolerate VAT and duty smuggling across these two different fiscal areas for the past 21 years, as a messy compromise in the name of keeping the peace. Notwithstanding that the criminals profiteering from this are likely highly correlated with the criminals that say they’d murder anyone who tried to perform checks at the border.

    So what’s the big deal in also tolerating some further low grade smuggling that arbitrages tariff differentials (slight as they will likely be)? Most of the value will be policed by trusted trader / big firm audits and self declarations form SMEs (the owners of which are already trusted to be law abiding when making their income tax self declarations).

    Go on, I dare China (perennial trade law breaker) or the US (committed to peace in Ireland) to sue the UK and EU through the WTO tribunal for improperly policing tariff schedules.

    Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London.

    We’ve entered Wonderland in this debate. It’s really not as intractable a problem as is made out when you look at it with a problem solving hat on rather than with some other agenda.
    'Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London. '

    Isn't that the nub of the problem? One side say that NI should have EU standards, the other that it need not have. However both sides say that 'it's a matter of principle'.
    Why shouldn’t NI comply with both sets of regulations? It’s more expensive but in my industry people frequently comply with FDA/EMA/SFDA and other agency regulations in a single site.
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    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Yes, that's a very good analogy, Sean.

    The small print is however there, so what's to do? It's figuring pretty big now.
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    SquareRootSquareRoot Posts: 7,095
    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Noone was thinking of leaving the EU then (that I recall), certainly not in any serious way.
  • Options

    Imagine you vote her down and the Troubles kick off again. Do you want that to be *your* responsibility?

    No no. It is not your personal refusal to compromise that makes the Troubles kick off again. It is the lack of compromise of the Tory Swinson. Of Actual Tories. Of Red Tories. These are the people who refuse to compromise to let the anti-semite become PM. Not your compromise to accept that anyone other than Magic Grandpa should be PM in such times of emergency.

    Yes, I know this position is *gross* hypocrisy. But it being whipped into a frenzy by cretins like Bastani and Jones

    Yes, it's the 'anybody's fault but mine' theme, which will be playing big very soon.
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    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Noone was thinking of leaving the EU then (that I recall), certainly not in any serious way.
    Who'd have thought we would be that daft?

    Then again, who'd have thought the EU would develop the way it did?

    When the Show Trials begin, we start at the top and work our way down. First up, step forward Herr Jean-Claude Juncker.
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    OldKingColeOldKingCole Posts: 31,974
    Charles said:

    moonshine said:

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?


    Quite. And all concerned have been quite prepared to tolerate VAT and duty smuggling across these two different fiscal areas for the past 21 years, as a messy compromise in the name of keeping the peace. Notwithstanding that the criminals profiteering from this are likely highly correlated with the criminals that say they’d murder anyone who tried to perform checks at the border.

    So what’s the big deal in also tolerating some further low grade smuggling that arbitrages tariff differentials (slight as they will likely be)? Most of the value will be policed by trusted trader / big firm audits and self declarations form SMEs (the owners of which are already trusted to be law abiding when making their income tax self declarations).

    Go on, I dare China (perennial trade law breaker) or the US (committed to peace in Ireland) to sue the UK and EU through the WTO tribunal for improperly policing tariff schedules.

    Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London.

    We’ve entered Wonderland in this debate. It’s really not as intractable a problem as is made out when you look at it with a problem solving hat on rather than with some other agenda.
    'Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London. '

    Isn't that the nub of the problem? One side say that NI should have EU standards, the other that it need not have. However both sides say that 'it's a matter of principle'.
    Why shouldn’t NI comply with both sets of regulations? It’s more expensive but in my industry people frequently comply with FDA/EMA/SFDA and other agency regulations in a single site.
    That's true of course, but again that's treating NI 'differently' from the rest of UK. In any event aren't the food hygiene requirements incompatible? It's a long time since I had to think about it, but I can't think of a case where FDA/EMA standards are significantly different. They may be on devices, of course; don't know.
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    FF43FF43 Posts: 15,710
    In his letter yesterday, Johnson acknowledged for the first time (after years - he was FM before PM) that Ireland has legitimate interests and that Northern Ireland is an issue. Progress, I suppose.

    He is all over the place on No Deal. He is committed to it, but can't plan for it properly because that would be Project Fear. At the same time terrified of the public knowing what's involved and wanting to be seen as serious about it. He blames Hammond for the No Deal that he supposedly is cool about, even though Hammond voted for it three times and Johnson rejects it.
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    StuartDicksonStuartDickson Posts: 12,146

    Indeed. This is why there are supermajorities for major Constitutional changes. We have them but they were used. Parliament failed at every stage, Referendum Act, A50 Act and Withdrawal Act to engineer safeguards. It was an advisory referendum on a clear but entirely abstract question. Instead of safeguards almost the entire political class made matters worse by elevating the Referendum result into a Constitutional change in itself - popular soverienty - whuch is alien to the British system. Now no matter what happens, what ever the outcome, will be a political disaster. We are in the early stages of complete system failure made worse by many thinking we are reaching resolution. This is going to be bloody and quite possibly literally.

    System failure: yes.

    One minor quibble: popular sovereignty is alien to the English system. It is perfectly familiar to Scots.
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    FF43FF43 Posts: 15,710
    Charles said:

    moonshine said:

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?


    Quite. And all concerned have been quite prepared to tolerate VAT and duty smuggling across these two different fiscal areas for the past 21 years, as a messy compromise in the name of keeping the peace. Notwithstanding that the criminals profiteering from this are likely highly correlated with the criminals that say they’d murder anyone who tried to perform checks at the border.

    So what’s the big deal in also tolerating some further low grade smuggling that arbitrages tariff differentials (slight as they will likely be)? Most of the value will be policed by trusted trader / big firm audits and self declarations form SMEs (the owners of which are already trusted to be law abiding when making their income tax self declarations).

    Go on, I dare China (perennial trade law breaker) or the US (committed to peace in Ireland) to sue the UK and EU through the WTO tribunal for improperly policing tariff schedules.

    Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London.

    We’ve entered Wonderland in this debate. It’s really not as intractable a problem as is made out when you look at it with a problem solving hat on rather than with some other agenda.
    'Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London. '

    Isn't that the nub of the problem? One side say that NI should have EU standards, the other that it need not have. However both sides say that 'it's a matter of principle'.
    Why shouldn’t NI comply with both sets of regulations? It’s more expensive but in my industry people frequently comply with FDA/EMA/SFDA and other agency regulations in a single site.
    That's fine. There still needs to be a border in the Irish Sea if there's to be a soft land border AND mainland GB doesn't conform to EU regs
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    Luckyguy1983Luckyguy1983 Posts: 25,413
    FF43 said:

    In his letter yesterday, Johnson acknowledged for the first time (after years - he was FM before PM) that Ireland has legitimate interests and that Northern Ireland is an issue. Progress, I suppose.

    He is all over the place on No Deal. He is committed to it, but can't plan for it properly because that would be Project Fear. At the same time terrified of the public knowing what's involved and wanting to be seen as serious about it. He blames Hammond for the No Deal that he supposedly is cool about, even though Hammond voted for it three times and Johnson rejects it.

    I think you're inventing the not planning for it properly. For the first time that's what we are doing.
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    FF43FF43 Posts: 15,710
    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    I would say it's a consideration for the special and sensitive situation in Northern Ireland, when most Leavers and the UK government don't care tuppence for what happens in that place.
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    IanB2IanB2 Posts: 47,263
    Charles said:

    The principle of consent is what can solve this issue. Ie a NI referendum on the backstop.

    Unless there is something behind the scenes (DUP opposition?) or no way to prevent idiots in Parliament amending the legislation (eg to change the NI referendum to a U.K. wide Remain vs Revoke referendum) then why has it not been proposed?

    It’s been more than proposed - we’ve been assured repeatedly in this very forum that it is imminent.
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    IanB2IanB2 Posts: 47,263

    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Noone was thinking of leaving the EU then (that I recall), certainly not in any serious way.

    No-one has thought about it “in any serious way” subsequently, much to our distress.
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    FF43FF43 Posts: 15,710

    FF43 said:

    In his letter yesterday, Johnson acknowledged for the first time (after years - he was FM before PM) that Ireland has legitimate interests and that Northern Ireland is an issue. Progress, I suppose.

    He is all over the place on No Deal. He is committed to it, but can't plan for it properly because that would be Project Fear. At the same time terrified of the public knowing what's involved and wanting to be seen as serious about it. He blames Hammond for the No Deal that he supposedly is cool about, even though Hammond voted for it three times and Johnson rejects it.

    I think you're inventing the not planning for it properly. For the first time that's what we are doing.
    You can't plan properly if the actual plans are dismissed as Project Fear and you are scared of telling those affected what's involved.
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    DavidLDavidL Posts: 51,235
    In terms of the EU Withdrawal Act all EU law becomes UK law on the date of departure. So, in NI, the north and south continue to have identical and compatible laws on all matters dealing with the SM on day 1.

    The problem is where do we go from there? If we look to have this trade agreement with the US, which will probably take years and depend a lot more on the next US president rather than this one, we are probably going to have to change those rules. The UK Parliament may also want to exercise its vaunted sovereignty and remove or enhance some of the regulations as time goes by.

    The point of this, both for NI and the UK as a whole, is that changes in our laws are a future hypothetical on which considered views can be reached and discussions had with the EU about regulatory equivalence. There is no need for any immediate panic. That was the effect of May's transitional agreement but even in its absence the situation remains the same.

    Of course there is the question of tariffs. Will the EU choose to apply them (with the inevitable retaliation from us)? That is the question and it turns on us having a FTA with the EU. NI is different from rUK in having a land border with the SM but it is not that different. Exactly the same issues arise from the Channel Tunnel and at Dover.

    In short I think that the commitments made in the Belfast Agreement require us to walk a little more cautiously but the choices and options are ultimately the same that we all face.
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    MarqueeMarkMarqueeMark Posts: 50,105

    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Noone was thinking of leaving the EU then (that I recall), certainly not in any serious way.
    Back then it was all Brown could do to stop Blair signing us up to the Euro. That would have been Blair's wet dream. Imagine trying to Brexit AND leave the Euro whilst going back to the pound.
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    IanB2IanB2 Posts: 47,263
    edited August 2019

    FF43 said:

    In his letter yesterday, Johnson acknowledged for the first time (after years - he was FM before PM) that Ireland has legitimate interests and that Northern Ireland is an issue. Progress, I suppose.

    He is all over the place on No Deal. He is committed to it, but can't plan for it properly because that would be Project Fear. At the same time terrified of the public knowing what's involved and wanting to be seen as serious about it. He blames Hammond for the No Deal that he supposedly is cool about, even though Hammond voted for it three times and Johnson rejects it.

    I think you're inventing the not planning for it properly. For the first time that's what we are doing.
    I can’t think of anything that Boris has ever overseen that has been planned properly, in the sense that the outcome bore much resemblance to the plan. Leave aside the well known fiascos - even the projects that are seen as successful, such as the London bike scheme, hugely missed the financial parameters that were planned for them (and was partly bailed out with EU funding; the irony).
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    FoxyFoxy Posts: 44,594
    Clearly so. Brexit with CU and SM alignment is the only way. The obvious issue with that is that we would be out of the democratic structures that set the rules.

    The problem is that every permutation of Brexit is a downgrade from what we have now. Do we chop off a hand, an arm or just a thumb?
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    CharlesCharles Posts: 35,758

    Charles said:

    moonshine said:

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?


    So what’s the big deal in also tolerating some further low grade smuggling that arbitrages tariff differentials (slight as they will likely be)? Most of the value will be policed by trusted trader / big firm audits and self declarations form SMEs (the owners of which are already trusted to be law abiding when making their income tax self declarations).

    Go on, I dare China (perennial trade law breaker) or the US (committed to peace in Ireland) to sue the UK and EU through the WTO tribunal for improperly policing tariff schedules.

    Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London.

    We’ve entered Wonderland in this debate. It’s really not as intractable a problem as is made out when you look at it with a problem solving hat on rather than with some other agenda.
    'Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London. '

    Isn't that the nub of the problem? One side say that NI should have EU standards, the other that it need not have. However both sides say that 'it's a matter of principle'.
    Why shouldn’t NI comply with both sets of regulations? It’s more expensive but in my industry people frequently comply with FDA/EMA/SFDA and other agency regulations in a single site.
    That's true of course, but again that's treating NI 'differently' from the rest of UK. In any event aren't the food hygiene requirements incompatible? It's a long time since I had to think about it, but I can't think of a case where FDA/EMA standards are significantly different. They may be on devices, of course; don't know.
    I was thinking manufacturing where they are different (EMA tends to be stricter e.g. on separation of penicillins manufacturing and sterile suites).

    The U.K. government can set regulations for NI independently right? So just have a side letter between the EU and the U.K. where the U.K. agrees to mirror the standards for NI but the rules are set by London
  • Options
    CharlesCharles Posts: 35,758
    FF43 said:

    Charles said:

    moonshine said:

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?


    Quite. And all concerned have been quite prepared to tolerate VAT and duty smuggling across these two different fiscal areas for the past 21 years, as a messy compromise in the name of keeping the peace. Notwithstanding that the criminals profiteering from this are likely highly correlated with the criminals that say they’d murder anyone who tried to perform checks at the border.

    So what’s the big deal in also tolerating some further low grade smuggling that arbitrages tariff differentials (slight as they will likely be)? Most of the value will be policed by trusted trader / big firm audits and self declarations form SMEs (the owners of which are already trusted to be law abiding when making their income tax self declarations).

    Go on, I dare China (perennial trade law breaker) or the US (committed to peace in Ireland) to sue the UK and EU through the WTO tribunal for improperly policing tariff schedules.

    Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London.

    We’ve entered Wonderland in this debate. It’s really not as intractable a problem as is made out when you look at it with a problem solving hat on rather than with some other agenda.
    'Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London. '

    Isn't that the nub of the problem? One side say that NI should have EU standards, the other that it need not have. However both sides say that 'it's a matter of principle'.
    Why shouldn’t NI comply with both sets of regulations? It’s more expensive but in my industry people frequently comply with FDA/EMA/SFDA and other agency regulations in a single site.
    That's fine. There still needs to be a border in the Irish Sea if there's to be a soft land border AND mainland GB doesn't conform to EU regs
    Nah you just need a certificate of origin

    The bulk of Ag trading is done by very few companies anyway
  • Options
    CharlesCharles Posts: 35,758
    IanB2 said:

    Charles said:

    The principle of consent is what can solve this issue. Ie a NI referendum on the backstop.

    Unless there is something behind the scenes (DUP opposition?) or no way to prevent idiots in Parliament amending the legislation (eg to change the NI referendum to a U.K. wide Remain vs Revoke referendum) then why has it not been proposed?

    It’s been more than proposed - we’ve been assured repeatedly in this very forum that it is imminent.
    As far as I’ve seen only on this forum though.

    Has anyone with any influence actually proposed it in the real world?
  • Options
    OldKingColeOldKingCole Posts: 31,974
    'Leaving' was sold as a magic wand wave exercise, wasn't it.
  • Options
    FoxyFoxy Posts: 44,594
    Charles said:

    IanB2 said:

    Charles said:

    The principle of consent is what can solve this issue. Ie a NI referendum on the backstop.

    Unless there is something behind the scenes (DUP opposition?) or no way to prevent idiots in Parliament amending the legislation (eg to change the NI referendum to a U.K. wide Remain vs Revoke referendum) then why has it not been proposed?

    It’s been more than proposed - we’ve been assured repeatedly in this very forum that it is imminent.
    As far as I’ve seen only on this forum though.

    Has anyone with any influence actually proposed it in the real world?
    Surely an extension would be required...
  • Options
    PulpstarPulpstar Posts: 75,917
    I think the WA should be signed as it solves the Brexit problem more neatly than any other solution, but even with the WA signed I'd look at getting rid of Northern Ireland from the United Kingdom. It's not really part of Britain when one looks at a map and has been a source of bigotry, division, bombs and a mahoosive cash sink for years.
    So hopefully one upshot of all this might be the unification of the island of Ireland.
  • Options
    DavidLDavidL Posts: 51,235
    Its also worth bearing in mind that the vast majority of Directives from the EU in recent decades have been framework directives. These set minimum standards but allow EU member states to have additional, higher standards provided that these are not imposed in a discriminatory way. The result is that even within the EU SM there are different regulations in different countries. How long is it going to be before the UK or NI move outwith that margin of appreciation? In theory it could be forever.
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    TheuniondivvieTheuniondivvie Posts: 40,045
    Charles said:

    Presumably when the Belfast Agreement was negotiated and signed nobody thought the UK would ever be daft enough to leave the EU. It is easy to understand why.

    As regards referendums, I would appreciate it if someone could clarify for me how the EU Referendum comes to be regarded as Holy Writ, whilst those leading to the BA can be ignored.

    Personally I regard referendums as essentially advisory, but if they are to be seen as mandatory, why some and not others?

    Because they are not inconsistent. It’s Varadkar’s pathetic politicking that has inflamed this sore. Shame on him.
    Ah, it's blame the Paddys day in Brexitania.
    Again.

    No doubt Angela and Emmanuel will stoutly fulfil that role later this week.
    Again.
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    FoxyFoxy Posts: 44,594
    DavidL said:

    Its also worth bearing in mind that the vast majority of Directives from the EU in recent decades have been framework directives. These set minimum standards but allow EU member states to have additional, higher standards provided that these are not imposed in a discriminatory way. The result is that even within the EU SM there are different regulations in different countries. How long is it going to be before the UK or NI move outwith that margin of appreciation? In theory it could be forever.

    It is likely to be forever, not least because the rules and regulations are sensible and well drafted. At least they were when we contributed to writing them.

    Brexit really is a solution searching for a problem.
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    edmundintokyoedmundintokyo Posts: 17,150
    Charles said:

    The principle of consent is what can solve this issue. Ie a NI referendum on the backstop.

    Unless there is something behind the scenes (DUP opposition?) or no way to prevent idiots in Parliament amending the legislation (eg to change the NI referendum to a U.K. wide Remain vs Revoke referendum) then why has it not been proposed?

    The original reason for dropping the NI backstop and replacing it with the all-UK backstop was because of DUP opposition. I don't see why the DUP would want to agree to a referendum on whether the DUP should be ignored and humiliated by their own voters.

    But in any case there's no time at this point due to Boris's October deadline self-bondage.
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    nielhnielh Posts: 1,307

    FF43 said:

    In his letter yesterday, Johnson acknowledged for the first time (after years - he was FM before PM) that Ireland has legitimate interests and that Northern Ireland is an issue. Progress, I suppose.

    He is all over the place on No Deal. He is committed to it, but can't plan for it properly because that would be Project Fear. At the same time terrified of the public knowing what's involved and wanting to be seen as serious about it. He blames Hammond for the No Deal that he supposedly is cool about, even though Hammond voted for it three times and Johnson rejects it.

    I think you're inventing the not planning for it properly. For the first time that's what we are doing.
    The only think being planned for seems to be a spell of opposition, after the saboteurs have been lured in to striking. Unfortunately though, it may not work that way.
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    tlg86tlg86 Posts: 25,189
    I'm 32. I remember the troubles.
  • Options
    FF43FF43 Posts: 15,710
    edited August 2019
    Charles said:

    FF43 said:

    Charles said:

    moonshine said:

    There already exist different legal, tax, duty and VAT systems either........ the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?


    Quite. And all concerned have been quite prepared to tolerate VAT and duty smuggling across these two different fiscal areas for the past 21 years, as a messy compromise in the name of keeping the peace. Notwithstanding that the criminals profiteering from this are likely highly correlated with the criminals that say they’d murder anyone who tried to perform checks at the border.

    So what’s the big deal in also tolerating some further low grade smuggling that arbitrages tariff differentials (slight as they will likely be)? Most of the value will be policed by trusted trader / big firm audits and self declarations form SMEs (the owners of which are already trusted to be law abiding when making their income tax self declarations).

    Go on, I dare China (perennial trade law breaker) or the US (committed to peace in Ireland) to sue the UK and EU through the WTO tribunal for improperly policing tariff schedules.

    Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London.

    We’ve entered Wonderland in this debate. It’s really not as intractable a problem as is made out when you look at it with a problem solving hat on rather than with some other agenda.
    'Final component is a common agri area for the island, ideally with Belfast govt as the second key stakeholder but in its absence London. '

    Isn't that the nub of the problem? One side say that NI should have EU standards, the other that it need not have. However both sides say that 'it's a matter of principle'.
    Why shouldn’t NI comply with both sets of regulations? It’s more expensive but in my industry people frequently comply with FDA/EMA/SFDA and other agency regulations in a single site.
    That's fine. There still needs to be a border in the Irish Sea if there's to be a soft land border AND mainland GB doesn't conform to EU regs
    Nah you just need a certificate of origin

    The bulk of Ag trading is done by very few companies anyway
    The certificate of origin still needs to be checked. If it's not done on the Irish land border it will need to be at the Irish Sea. Border checks aren't needed for system-bound legitimate trading. They are there for the illegitimate and unsystematised trading
  • Options
    DavidLDavidL Posts: 51,235
    Foxy said:

    DavidL said:

    Its also worth bearing in mind that the vast majority of Directives from the EU in recent decades have been framework directives. These set minimum standards but allow EU member states to have additional, higher standards provided that these are not imposed in a discriminatory way. The result is that even within the EU SM there are different regulations in different countries. How long is it going to be before the UK or NI move outwith that margin of appreciation? In theory it could be forever.

    It is likely to be forever, not least because the rules and regulations are sensible and well drafted. At least they were when we contributed to writing them.

    Brexit really is a solution searching for a problem.
    Brexit is about us stepping out of the political structures of the EU, about not contributing to the EU budget, about not being subject to the supervisory jurisdiction of the CJE, about having control of our borders and the right to determine who we want to live here. I have always found it much more difficult to get wound up about dozens of pages of regulations about how my kettle works (although the ridiculous power restrictions imposed on domestic appliances are a mild annoyance as is the inability to buy a decent light bulb).

    I tend to agree that our regulations are likely to mimic/copy EU regulations for the foreseeable future. In some restricted areas, such as financial services, the opposite is likely to be true with the EU copying what we do. If that is so leaving really ought to be a lot easier than some are seeking to make it.
  • Options
    PulpstarPulpstar Posts: 75,917
    Pulpstar said:

    I think the WA should be signed as it solves the Brexit problem more neatly than any other solution, but even with the WA signed I'd look at getting rid of Northern Ireland from the United Kingdom. It's not really part of Britain when one looks at a map and has been a source of bigotry, division, bombs and a mahoosive cash sink for years.
    So hopefully one upshot of all this might be the unification of the island of Ireland.

    As for the final paragraph about potential loyalist terrorists, I don't really care. You can't have nations dictated to by terrorist whims whichever side they're on.
  • Options
    OldKingColeOldKingCole Posts: 31,974
    DavidL said:

    Its also worth bearing in mind that the vast majority of Directives from the EU in recent decades have been framework directives. These set minimum standards but allow EU member states to have additional, higher standards provided that these are not imposed in a discriminatory way. The result is that even within the EU SM there are different regulations in different countries. How long is it going to be before the UK or NI move outwith that margin of appreciation? In theory it could be forever.

    That must be wrong; Brussels was dictating rules to us. Or so that Mr Farage said. Such a straight chap; you could imagine having a drink with him any time.
  • Options
    So if I buy a case of whisky tax free in Dublin I can take it back to Belfast without customs check. How about a van full of whisky? Has anyone estimated how much duty income the government will lose?
  • Options
    OnlyLivingBoyOnlyLivingBoy Posts: 15,104

    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Noone was thinking of leaving the EU then (that I recall), certainly not in any serious way.
    Back then it was all Brown could do to stop Blair signing us up to the Euro. That would have been Blair's wet dream. Imagine trying to Brexit AND leave the Euro whilst going back to the pound.
    If we had joined the euro I strongly suspect that we would have blown it apart in 2008.
  • Options
    eristdooferistdoof Posts: 4,890

    This is why Sylvia Hermon is the person to lead the GoNAfaE.

    Say you're a Labour MP in a heavily leave-voting constituency. You're opposed to No Deal but you support Brexit, or want your constituents to think you do.

    Jeremy Corbyn has been voted down or not voted on because he obviously didn't have the numbers. Obviously you won't back Ken Clarke or some other Tory grandee who many of your constituents hate with a passion, or a LibDem who your members hate with an even greater passion. Then Sylvia Hermon comes up for a vote. She tells her story about how she joined the UUP after seeing how they put aside partisan differences and compromised for peace, and also mentions that left them and won as an independent after they hooked up with the Tories. She goes on telly and makes a heartfelt appeal to stop No Deal and protect the peace.

    Imagine you vote her down and the Troubles kick off again. Do you want that to be *your* responsibility?


    Not sure many such MPs would regard a return to Troubles as being their responsibility, or care if they did. As a point of information however, how many constituencies are there where the local MP's supporters would 'hate Ken Clarke with a passion'? How many such supporters in each?
    Quite a lot of older Labour party members are anti-Clarke for his stint as Health Secretary under Mrs Thatcher and Chancellor under Major. But most of these older Labour party members are much stronger Remainers than Corbyn. For Labour voters there would be less animosity to Clarke becoming *Emergency'* PM.
  • Options
    FoxyFoxy Posts: 44,594
    DavidL said:

    Foxy said:

    DavidL said:

    Its also worth bearing in mind that the vast majority of Directives from the EU in recent decades have been framework directives. These set minimum standards but allow EU member states to have additional, higher standards provided that these are not imposed in a discriminatory way. The result is that even within the EU SM there are different regulations in different countries. How long is it going to be before the UK or NI move outwith that margin of appreciation? In theory it could be forever.

    It is likely to be forever, not least because the rules and regulations are sensible and well drafted. At least they were when we contributed to writing them.

    Brexit really is a solution searching for a problem.
    Brexit is about us stepping out of the political structures of the EU, about not contributing to the EU budget, about not being subject to the supervisory jurisdiction of the CJE, about having control of our borders and the right to determine who we want to live here. I have always found it much more difficult to get wound up about dozens of pages of regulations about how my kettle works (although the ridiculous power restrictions imposed on domestic appliances are a mild annoyance as is the inability to buy a decent light bulb).

    I tend to agree that our regulations are likely to mimic/copy EU regulations for the foreseeable future. In some restricted areas, such as financial services, the opposite is likely to be true with the EU copying what we do. If that is so leaving really ought to be a lot easier than some are seeking to make it.
    Stepping out of the political structures is self defeating. Regulation and trade are fundamentally political, you simply cannot separate politics and economics. You can agree to simply follow other peoples rules, but where is the sovereignty in that?
  • Options
    FF43FF43 Posts: 15,710
    DavidL said:

    Foxy said:

    DavidL said:

    Its also worth bearing in mind that the vast majority of Directives from the EU in recent decades have been framework directives. These set minimum standards but allow EU member states to have additional, higher standards provided that these are not imposed in a discriminatory way. The result is that even within the EU SM there are different regulations in different countries. How long is it going to be before the UK or NI move outwith that margin of appreciation? In theory it could be forever.

    It is likely to be forever, not least because the rules and regulations are sensible and well drafted. At least they were when we contributed to writing them.

    Brexit really is a solution searching for a problem.
    Brexit is about us stepping out of the political structures of the EU, about not contributing to the EU budget, about not being subject to the supervisory jurisdiction of the CJE, about having control of our borders and the right to determine who we want to live here. I have always found it much more difficult to get wound up about dozens of pages of regulations about how my kettle works (although the ridiculous power restrictions imposed on domestic appliances are a mild annoyance as is the inability to buy a decent light bulb).

    I tend to agree that our regulations are likely to mimic/copy EU regulations for the foreseeable future. In some restricted areas, such as financial services, the opposite is likely to be true with the EU copying what we do. If that is so leaving really ought to be a lot easier than some are seeking to make it.
    In that case why not commit to mimicking EU regs? It's the lack of commitment that's the blocker to the deal.
  • Options
    OnlyLivingBoyOnlyLivingBoy Posts: 15,104
    On topic, this is a fantastic post. Most of the Leavers' bullshit and dishonesty is merely sad and annoying, but on the question of Northern Ireland it is unforgiveable.
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    DavidLDavidL Posts: 51,235
    Pulpstar said:

    Pulpstar said:

    I think the WA should be signed as it solves the Brexit problem more neatly than any other solution, but even with the WA signed I'd look at getting rid of Northern Ireland from the United Kingdom. It's not really part of Britain when one looks at a map and has been a source of bigotry, division, bombs and a mahoosive cash sink for years.
    So hopefully one upshot of all this might be the unification of the island of Ireland.

    As for the final paragraph about potential loyalist terrorists, I don't really care. You can't have nations dictated to by terrorist whims whichever side they're on.
    Correct. Also they may well find that the terms of engagement have changed very considerably from the days when blasting NI with radio waves to set off remote controlled bombs prematurely was the height of sophistication. The range of tools available to our intelligence services now would make anything like the IRA or UDA of the 70s quite impossible to operate.
  • Options
    Anyway, I can lighten the tone a little this morning with some small cricket news that will cheer England supporters.

    It seems the SA and Essex spin bowler, Simon Harmer, will be eligible to play for England next year. On his form for the past three seasons, he would be a shoo-in. As a right arm finger spinner, he's just what England need, and since he's a pretty decent bat too he would make it easier for them to play two spinners if they wish.

    A reason to be cheerful this morning! :)
  • Options
    DavidLDavidL Posts: 51,235
    FF43 said:

    DavidL said:

    Foxy said:

    DavidL said:

    Its also worth bearing in mind that the vast majority of Directives from the EU in recent decades have been framework directives. These set minimum standards but allow EU member states to have additional, higher standards provided that these are not imposed in a discriminatory way. The result is that even within the EU SM there are different regulations in different countries. How long is it going to be before the UK or NI move outwith that margin of appreciation? In theory it could be forever.

    It is likely to be forever, not least because the rules and regulations are sensible and well drafted. At least they were when we contributed to writing them.

    Brexit really is a solution searching for a problem.
    Brexit is about us stepping out of the political structures of the EU, about not contributing to the EU budget, about not being subject to the supervisory jurisdiction of the CJE, about having control of our borders and the right to determine who we want to live here. I have always found it much more difficult to get wound up about dozens of pages of regulations about how my kettle works (although the ridiculous power restrictions imposed on domestic appliances are a mild annoyance as is the inability to buy a decent light bulb).

    I tend to agree that our regulations are likely to mimic/copy EU regulations for the foreseeable future. In some restricted areas, such as financial services, the opposite is likely to be true with the EU copying what we do. If that is so leaving really ought to be a lot easier than some are seeking to make it.
    In that case why not commit to mimicking EU regs? It's the lack of commitment that's the blocker to the deal.
    That is what May's Agreement did for the transitional period with the clear expectation that that would continue afterwards as a part of our FTA with the EU. As a leaver I was completely relaxed about that but the ERG weren't.
  • Options
    mattmatt Posts: 3,789

    So if I buy a case of whisky tax free in Dublin I can take it back to Belfast without customs check. How about a van full of whisky? Has anyone estimated how much duty income the government will lose?

    Where can one buy tax free whisky in the RoI? Interested parties wish to know.
  • Options
    tlg86tlg86 Posts: 25,189

    Anyway, I can lighten the tone a little this morning with some small cricket news that will cheer England supporters.

    It seems the SA and Essex spin bowler, Simon Harmer, will be eligible to play for England next year. On his form for the past three seasons, he would be a shoo-in. As a right arm finger spinner, he's just what England need, and since he's a pretty decent bat too he would make it easier for them to play two spinners if they wish.

    A reason to be cheerful this morning! :)

    Is it? Why doesn't he want to play for South Africa? Don't they need a decent spinner? I appreciate that people - especially cricketers - are likely to have multiple options, but we really don't want cricketers choosing allegiance because of money, which is what I fear is happening.
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    NickPalmerNickPalmer Posts: 21,331

    This is why Sylvia Hermon is the person to lead the GoNAfaE.

    Say you're a Labour MP in a heavily leave-voting constituency. You're opposed to No Deal but you support Brexit, or want your constituents to think you do.

    Jeremy Corbyn has been voted down or not voted on because he obviously didn't have the numbers. Obviously you won't back Ken Clarke or some other Tory grandee who many of your constituents hate with a passion, or a LibDem who your members hate with an even greater passion. Then Sylvia Hermon comes up for a vote. She tells her story about how she joined the UUP after seeing how they put aside partisan differences and compromised for peace, and also mentions that left them and won as an independent after they hooked up with the Tories. She goes on telly and makes a heartfelt appeal to stop No Deal and protect the peace.

    Imagine you vote her down and the Troubles kick off again. Do you want that to be *your* responsibility?

    There would be much worse choices.
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    AlistairAlistair Posts: 23,670
    moonshine said:

    Indeed. This is why there are supermajorities for major Constitutional changes. We have them but they were used. Parliament failed at every stage, Referendum Act, A50 Act and Withdrawal Act to engineer safeguards. It was an advisory referendum on a clear but entirely abstract question. Instead of safeguards almost the entire political class made matters worse by elevating the Referendum result into a Constitutional change in itself - popular soverienty - whuch is alien to the British system. Now no matter what happens, what ever the outcome, will be a political disaster. We are in the early stages of complete system failure made worse by many thinking we are reaching resolution. This is going to be bloody and quite possibly literally.

    “The advisory referendum” argument. Yawn. How about we hold another “advisory” referendum on No Deal vs Deal vs Remain and if Remains wins, leave anyway with No Deal. After all, it was only advisory so why should anyone care?
    If it hadn't been advisory the courts would have thrown out the result.
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    FF43FF43 Posts: 15,710
    DavidL said:

    FF43 said:

    DavidL said:

    Foxy said:

    DavidL said:

    Its also worth bearing in mind that the vast majority of Directives from the EU in recent decades have been framework directives. These set minimum standards but allow EU member states to have additional, higher standards provided that these are not imposed in a discriminatory way. The result is that even within the EU SM there are different regulations in different countries. How long is it going to be before the UK or NI move outwith that margin of appreciation? In theory it could be forever.

    It is likely to be forever, not least because the rules and regulations are sensible and well drafted. At least they were when we contributed to writing them.

    Brexit really is a solution searching for a problem.
    Brexit is about us stepping out of the political structures of the EU, about not contributing to the EU budget, about not being subject to the supervisory jurisdiction of the CJE, about having control of our borders and the right to determine who we want to live here. I have always found it much more difficult to get wound up about dozens of pages of regulations about how my kettle works (although the ridiculous power restrictions imposed on domestic appliances are a mild annoyance as is the inability to buy a decent light bulb).

    I tend to agree that our regulations are likely to mimic/copy EU regulations for the foreseeable future. In some restricted areas, such as financial services, the opposite is likely to be true with the EU copying what we do. If that is so leaving really ought to be a lot easier than some are seeking to make it.
    In that case why not commit to mimicking EU regs? It's the lack of commitment that's the blocker to the deal.
    That is what May's Agreement did for the transitional period with the clear expectation that that would continue afterwards as a part of our FTA with the EU. As a leaver I was completely relaxed about that but the ERG weren't.
    I suspect we will end up committed to permanent rule taking eventually. Johnson is just adding additional unnecessary damage.
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    RecidivistRecidivist Posts: 4,679

    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Noone was thinking of leaving the EU then (that I recall), certainly not in any serious way.
    They still aren't.
  • Options
    DavidLDavidL Posts: 51,235

    So if I buy a case of whisky tax free in Dublin I can take it back to Belfast without customs check. How about a van full of whisky? Has anyone estimated how much duty income the government will lose?

    You can bring a case back now provided it is for your personal consumption. I have a good friend who brings back a case full of cigarettes from Ibiza each time he goes. The savings on duty more than pay for his trip.
  • Options
    eristdooferistdoof Posts: 4,890
    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    I'm betting you took no more than a passing interest in the Good Friday Agreement at the time. Anyone with an interest in EU politics (pro or anti) or an interest in Irish politics would have realised the implication, but the handful of "Leave Campaigners" were keeping their heads well under the parapet in 1998.

    Why did RoI join the EEC on the same day as the UK? To avoid the problems we have been discussing for 3 years. Any treaty which brought NI and RoI politically closer was very obviously going to "complicate the process of the EU".

  • Options
    eristdooferistdoof Posts: 4,890
    DavidL said:

    So if I buy a case of whisky tax free in Dublin I can take it back to Belfast without customs check. How about a van full of whisky? Has anyone estimated how much duty income the government will lose?

    You can bring a case back now provided it is for your personal consumption. I have a good friend who brings back a case full of cigarettes from Ibiza each time he goes. The savings on duty more than pay for his trip.
    This has been the case since 1994. Will it return to 200 cigarettes and 1 Litre of spirits after Brexit?
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    Sean_FSean_F Posts: 35,830
    eristdoof said:

    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    I'm betting you took no more than a passing interest in the Good Friday Agreement at the time. Anyone with an interest in EU politics (pro or anti) or an interest in Irish politics would have realised the implication, but the handful of "Leave Campaigners" were keeping their heads well under the parapet in 1998.

    Why did RoI join the EEC on the same day as the UK? To avoid the problems we have been discussing for 3 years. Any treaty which brought NI and RoI politically closer was very obviously going to "complicate the process of the EU".

    You bet wrong.
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    DavidLDavidL Posts: 51,235
    FF43 said:

    DavidL said:

    FF43 said:

    DavidL said:

    Foxy said:

    DavidL said:

    Its also worth bearing in mind that the vast majority of Directives from the EU in recent decades have been framework directives. These set minimum standards but allow EU member states to have additional, higher standards provided that these are not imposed in a discriminatory way. The result is that even within the EU SM there are different regulations in different countries. How long is it going to be before the UK or NI move outwith that margin of appreciation? In theory it could be forever.

    It is likely to be forever, not least because the rules and regulations are sensible and well drafted. At least they were when we contributed to writing them.

    Brexit really is a solution searching for a problem.
    Brexit is about us stepping out of the political structures of the EU, about not contributing to the EU budget, about not being subject to the supervisory jurisdiction of the CJE, about having control of our borders and the right to determine who we want to live here. I have always found it much more difficult to get wound up about dozens of pages of regulations about how my kettle works (although the ridiculous power restrictions imposed on domestic appliances are a mild annoyance as is the inability to buy a decent light bulb).

    I tend to agree that our regulations are likely to mimic/copy EU regulations for the foreseeable future. In some restricted areas, such as financial services, the opposite is likely to be true with the EU copying what we do. If that is so leaving really ought to be a lot easier than some are seeking to make it.
    In that case why not commit to mimicking EU regs? It's the lack of commitment that's the blocker to the deal.
    That is what May's Agreement did for the transitional period with the clear expectation that that would continue afterwards as a part of our FTA with the EU. As a leaver I was completely relaxed about that but the ERG weren't.
    I suspect we will end up committed to permanent rule taking eventually. Johnson is just adding additional unnecessary damage.
    We will have the choice but have to recognise that not keeping our laws compatible comes at the considerable price of loss of SM access. Whether we want to follow the next GDPR type idiocy into loss of international competiveness will be a trade off we will have to make. But don't underestimate our home grown busy bodies and bureaucrats, they love this sort of nonsense and enforce it with greater zeal than most.
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    nichomarnichomar Posts: 7,483
    eristdoof said:

    DavidL said:

    So if I buy a case of whisky tax free in Dublin I can take it back to Belfast without customs check. How about a van full of whisky? Has anyone estimated how much duty income the government will lose?

    You can bring a case back now provided it is for your personal consumption. I have a good friend who brings back a case full of cigarettes from Ibiza each time he goes. The savings on duty more than pay for his trip.
    This has been the case since 1994. Will it return to 200 cigarettes and 1 Litre of spirits after Brexit?
    Yes I believe so, another ‘benefit’ of leaving the EU you can now save a little more on an awful lot less than you you do now. Although the real benefit of cheap fags has been diminished somewhat by the devaluation of the pound.
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    Sean_FSean_F Posts: 35,830
    Pulpstar said:

    Pulpstar said:

    I think the WA should be signed as it solves the Brexit problem more neatly than any other solution, but even with the WA signed I'd look at getting rid of Northern Ireland from the United Kingdom. It's not really part of Britain when one looks at a map and has been a source of bigotry, division, bombs and a mahoosive cash sink for years.
    So hopefully one upshot of all this might be the unification of the island of Ireland.

    As for the final paragraph about potential loyalist terrorists, I don't really care. You can't have nations dictated to by terrorist whims whichever side they're on.

    They're more keen on petrol smuggling and drug trafficking than putting their own lives on the line, these days.
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    DavidLDavidL Posts: 51,235
    eristdoof said:

    DavidL said:

    So if I buy a case of whisky tax free in Dublin I can take it back to Belfast without customs check. How about a van full of whisky? Has anyone estimated how much duty income the government will lose?

    You can bring a case back now provided it is for your personal consumption. I have a good friend who brings back a case full of cigarettes from Ibiza each time he goes. The savings on duty more than pay for his trip.
    This has been the case since 1994. Will it return to 200 cigarettes and 1 Litre of spirits after Brexit?
    Doubt it.
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    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Noone was thinking of leaving the EU then (that I recall), certainly not in any serious way.
    Back then it was all Brown could do to stop Blair signing us up to the Euro. That would have been Blair's wet dream. Imagine trying to Brexit AND leave the Euro whilst going back to the pound.
    You mean that Brown once did something right? Well I never!
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    GardenwalkerGardenwalker Posts: 20,847
    Scott_P said:
    As he also says, “No Deal” is not like walking away from a buying a new house. We’ve already set fire to our old house, so we are gonna buy that new house the quick way or the slow way.
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    HYUFDHYUFD Posts: 116,986
    The aim with Northern Ireland must be to find a technical solution for the border that avoids both a hard border with the Republic of Ireland angering Nationalists and a hard border in the Irish sea angering Unionists
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    StreeterStreeter Posts: 684

    Streeter said:

    There already exist different legal, tax, duty and VAT systems either side of the border - both sustained by the consent of the peoples, either side of the border. How is removing the consent of the people of Northern Ireland from many regulations affecting them consistent with the Belfast Agreement (which I much prefer as a descriptor as it eschews any religious connotations at the root of many of the causes of strife)?

    Because without regulatory checks there is no means of the EU assuring itself that products which fail to meet its standards will not enter the Single Market.
    So the people of Northern Ireland's consent to how they are governed is to be removed for the convenience of the EU single market? And this is consistent with the Belfast Agreement how?
    The EU has the right to safeguard its regulatory standards at the entry points to the Single Market.

    The transition period and UK-wide backstop are a way of achieving that, as proposed by the UK Government, without resorting to a hard border which no-one wishes to see.

    Or do the potential rights of the Northern Irish to enjoy the taste of chlorinated chicken in the next couple of years somehow override those considerations?
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    MarqueeMarkMarqueeMark Posts: 50,105

    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Noone was thinking of leaving the EU then (that I recall), certainly not in any serious way.
    Back then it was all Brown could do to stop Blair signing us up to the Euro. That would have been Blair's wet dream. Imagine trying to Brexit AND leave the Euro whilst going back to the pound.
    You mean that Brown once did something right? Well I never!
    The only thing on the credit side!
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    FoxyFoxy Posts: 44,594
    matt said:

    So if I buy a case of whisky tax free in Dublin I can take it back to Belfast without customs check. How about a van full of whisky? Has anyone estimated how much duty income the government will lose?

    Where can one buy tax free whisky in the RoI? Interested parties wish to know.
    At a bonded warehouse?

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    HYUFDHYUFD Posts: 116,986
    Scott_P said:
    They actually mainly voted Leave to gain greater control of immigration and sovereignty, not to become a superpower again and there are over 190 countries in the world the vast majority of which are not the US or China or in the EU
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    Sean_F said:

    eristdoof said:

    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    I'm betting you took no more than a passing interest in the Good Friday Agreement at the time. Anyone with an interest in EU politics (pro or anti) or an interest in Irish politics would have realised the implication, but the handful of "Leave Campaigners" were keeping their heads well under the parapet in 1998.

    Why did RoI join the EEC on the same day as the UK? To avoid the problems we have been discussing for 3 years. Any treaty which brought NI and RoI politically closer was very obviously going to "complicate the process of the EU".

    You bet wrong.
    You have Irish connections, and/or ancestry, don't you? I always thought so but can't remember why.
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    AlastairMeeksAlastairMeeks Posts: 30,340

    This is why Sylvia Hermon is the person to lead the GoNAfaE.

    Say you're a Labour MP in a heavily leave-voting constituency. You're opposed to No Deal but you support Brexit, or want your constituents to think you do.

    Jeremy Corbyn has been voted down or not voted on because he obviously didn't have the numbers. Obviously you won't back Ken Clarke or some other Tory grandee who many of your constituents hate with a passion, or a LibDem who your members hate with an even greater passion. Then Sylvia Hermon comes up for a vote. She tells her story about how she joined the UUP after seeing how they put aside partisan differences and compromised for peace, and also mentions that left them and won as an independent after they hooked up with the Tories. She goes on telly and makes a heartfelt appeal to stop No Deal and protect the peace.

    Imagine you vote her down and the Troubles kick off again. Do you want that to be *your* responsibility?

    There would be much worse choices.
    Given her stated views on Jeremy Corbyn, he would have to show a lot more magnanimity than he has publicly displayed to date.
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    FoxyFoxy Posts: 44,594

    Scott_P said:
    As he also says, “No Deal” is not like walking away from a buying a new house. We’ve already set fire to our old house, so we are gonna buy that new house the quick way or the slow way.
    I think he is correct about No Deal. The short term stuff will be annoying, expensive and inconvenient but tolerable. The real damage is in the longer term.

    https://twitter.com/JohnRentoul/status/1163707665492652033?s=19
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    Sean_F said:


    It was certainly never spelled out to us, back in 1998, that it would hugely complicate the process of leaving the EU. This seems rather like an insurance company suddenly whipping out the small print, when you make a claim.

    Noone was thinking of leaving the EU then (that I recall), certainly not in any serious way.
    Back then it was all Brown could do to stop Blair signing us up to the Euro. That would have been Blair's wet dream. Imagine trying to Brexit AND leave the Euro whilst going back to the pound.
    You mean that Brown once did something right? Well I never!
    The only thing on the credit side!
    You can't discount his leadership during the financial crisis, so that's two things.

    Struggling to think of a third.
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    Morris_DancerMorris_Dancer Posts: 60,976
    Dr. Foxy, leaving the EU and staying in the single market and customs union is the most stupid of all worlds. Being subject to the EU in so many ways without even a fig leaf of influence or the last few vetoes that Brown didn't throw away when he reneged on his manifesto and signed the nation up to the Lisbon Treaty without a referendum is demented.

    Better to remain than cling to the responsibilities of membership whilst abandoning the rights.

    The EU and Irish position is disingenuous. The Withdrawal Agreement has failed to pass the Commons three times. Whilst the PM is responsible for trying to come up with an alternative, the refusal of the EU to countenance any change whilst claiming to be always ready to talk is plain lunacy.

    The backstop is meant to prevent a hard border but has done sterling[sp] work making it likelier than ever. You might as well have a dog-deterring ball of aniseed.

    As for the Good Friday Agreement being entangled with EU membership, it's not the first time PMs have been complacent or short-sighted and narrow-minded when it comes to constitutional tinkering or a referendum. The problem isn't that voters had the temerity to disagree with the political class, it's that the political class delayed so long before asking, in the face of the Lisbon referendum manifesto promise.

    And so we're here. Where every credible option has significant problems attached.
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    FF43FF43 Posts: 15,710
    DavidL said:

    FF43 said:

    DavidL said:

    FF43 said:

    DavidL said:

    Foxy said:


    It is likely to be forever, not least because the rules and regulations are sensible and well drafted. At least they were when we contributed to writing them.

    Brexit really is a solution searching for a problem.

    Brexit is about us stepping out of the political structures of the EU, about not contributing to the EU budget, about not being subject to the supervisory jurisdiction of the CJE, about having control of our borders and the right to determine who we want to live here. I have always found it much more difficult to get wound up about dozens of pages of regulations about how my kettle works (although the ridiculous power restrictions imposed on domestic appliances are a mild annoyance as is the inability to buy a decent light bulb).

    I tend to agree that our regulations are likely to mimic/copy EU regulations for the foreseeable future. In some restricted areas, such as financial services, the opposite is likely to be true with the EU copying what we do. If that is so leaving really ought to be a lot easier than some are seeking to make it.
    In that case why not commit to mimicking EU regs? It's the lack of commitment that's the blocker to the deal.
    That is what May's Agreement did for the transitional period with the clear expectation that that would continue afterwards as a part of our FTA with the EU. As a leaver I was completely relaxed about that but the ERG weren't.
    I suspect we will end up committed to permanent rule taking eventually. Johnson is just adding additional unnecessary damage.
    We will have the choice but have to recognise that not keeping our laws compatible comes at the considerable price of loss of SM access. Whether we want to follow the next GDPR type idiocy into loss of international competiveness will be a trade off we will have to make. But don't underestimate our home grown busy bodies and bureaucrats, they love this sort of nonsense and enforce it with greater zeal than most.
    To get access to a particular level, we need to show the same level of commitment to EU regulations and enforcement as EU member states, and as we did before. This is more rigorous than implied in your comment and than people are typically aware of.

    If we don't sign up to GDPR we cut ourselves out of information flows out of the EU. We won't have any influence over that, even if we wanted to because we are no longer a member state with a near blocking vote.
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    AlanbrookeAlanbrooke Posts: 23,754
    Sean_F said:

    Pulpstar said:

    Pulpstar said:

    I think the WA should be signed as it solves the Brexit problem more neatly than any other solution, but even with the WA signed I'd look at getting rid of Northern Ireland from the United Kingdom. It's not really part of Britain when one looks at a map and has been a source of bigotry, division, bombs and a mahoosive cash sink for years.
    So hopefully one upshot of all this might be the unification of the island of Ireland.

    As for the final paragraph about potential loyalist terrorists, I don't really care. You can't have nations dictated to by terrorist whims whichever side they're on.

    They're more keen on petrol smuggling and drug trafficking than putting their own lives on the line, these days.
    The idea that somehow the GFA has stopped violence is rather quaint.

    The violence has continued at a low level with murders in every year since 1998. Lyra McKee was the the latest. Add in punishment beatings, intimidation and racketeering and you have an imperfect peace.

    This has been going on for 20 years, the sudden interest by people who previously didnt give a toss is merely Brexit related and will quickly disappear when Brexit is done one way or the other,

    https://www.thedetail.tv/articles/the-cruel-peace-killings-in-northern-ireland-since-the-good-friday-agreement
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    NickPalmerNickPalmer Posts: 21,331




    Not sure many such MPs would regard a return to Troubles as being their responsibility, or care if they did. As a point of information however, how many constituencies are there where the local MP's supporters would 'hate Ken Clarke with a passion'? How many such supporters in each?

    I don't know anyone who hates Ken with a passion, or indeed at all. There are two problems about his doing it: (1) he's a Tory, and many Labour Leaver MPs are in seats where voting for any Tory is a step too far (2) he doesn't want Corbyn's brief interregnum (delay and election) but actually to solve Brexit, which could mean years of government.

    I think one can reasonably expect MPs and parties not to insist on using stopping No Deal as a means of party advantage, which is why I oppose both Labour "only one way" insistence and LibDem and rebel Tory "anything but you" insistence. Either we think No Deal is a disaster or we don't - if it we do, we will all need to swallow stuff to stop it. But we need to avoid pretending to find a perfect solution which doesn't work but enables us to reject all others that might, and I'm afraid Clarke's plan is one that wouldn't work. Hermon plus early election might.
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    OldKingColeOldKingCole Posts: 31,974
    HYUFD said:

    Scott_P said:
    They actually mainly voted Leave to gain greater control of immigration and sovereignty, not to become a superpower again and there are over 190 countries in the world the vast majority of which are not the US or China or in the EU
    There were things we could have done with immigration, but didn't.On the other point, are you thinking of the likes of Tuvalu and Papua New Guinea?
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    HYUFDHYUFD Posts: 116,986
    edited August 2019
    Pulpstar said:

    I think the WA should be signed as it solves the Brexit problem more neatly than any other solution, but even with the WA signed I'd look at getting rid of Northern Ireland from the United Kingdom. It's not really part of Britain when one looks at a map and has been a source of bigotry, division, bombs and a mahoosive cash sink for years.
    So hopefully one upshot of all this might be the unification of the island of Ireland.

    The Protestant Unionist majority in counties Antrim and Down have been there for centuries and should not be forced into the Republic of Ireland against their will.

    On BBC2 last night at 9pm there was a programme on the murder of Mountbatte and family and friends on a boat and the murder of 18 British paratroopers in Northern Ireland on the same day in one of the costliest days of the troubles and an emphasis on the importance of the Good Friday Agreement, including when the Queen met McGuinness.

    However Northern Ireland was created in the first place as a substantial proportion of the Irish population in the North wanted to stay British rather than join the Free State and as long as that remains the case their wishes should be respected
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    This is why Sylvia Hermon is the person to lead the GoNAfaE.

    Say you're a Labour MP in a heavily leave-voting constituency. You're opposed to No Deal but you support Brexit, or want your constituents to think you do.

    Jeremy Corbyn has been voted down or not voted on because he obviously didn't have the numbers. Obviously you won't back Ken Clarke or some other Tory grandee who many of your constituents hate with a passion, or a LibDem who your members hate with an even greater passion. Then Sylvia Hermon comes up for a vote. She tells her story about how she joined the UUP after seeing how they put aside partisan differences and compromised for peace, and also mentions that left them and won as an independent after they hooked up with the Tories. She goes on telly and makes a heartfelt appeal to stop No Deal and protect the peace.

    Imagine you vote her down and the Troubles kick off again. Do you want that to be *your* responsibility?

    There would be much worse choices.
    Given her stated views on Jeremy Corbyn, he would have to show a lot more magnanimity than he has publicly displayed to date.
    Be quite a move if she did though. 'JC may be a shit, but No Deal is a shitfest. I'll take the gig.'
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    nichomarnichomar Posts: 7,483
    DavidL said:

    eristdoof said:

    DavidL said:

    So if I buy a case of whisky tax free in Dublin I can take it back to Belfast without customs check. How about a van full of whisky? Has anyone estimated how much duty income the government will lose?

    You can bring a case back now provided it is for your personal consumption. I have a good friend who brings back a case full of cigarettes from Ibiza each time he goes. The savings on duty more than pay for his trip.
    This has been the case since 1994. Will it return to 200 cigarettes and 1 Litre of spirits after Brexit?
    Doubt it.
    https://www.independent.co.uk/travel/news-and-advice/brexit-customs-explained-duty-free-travel-uk-eu-a8802901.html
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    RecidivistRecidivist Posts: 4,679
    HYUFD said:

    Scott_P said:
    They actually mainly voted Leave to gain greater control of immigration and sovereignty, not to become a superpower again and there are over 190 countries in the world the vast majority of which are not the US or China or in the EU
    Forget the US and China. Look at what Easter Island has to offer!
This discussion has been closed.