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Labour's Brexit Trilemma - in Search of The Least Bad Outcome - OpenDemocracy
Labour's Brexit Trilemma - in Search of The Least Bad Outcome - OpenDemocracy
Labour's Brexit Trilemma - in Search of The Least Bad Outcome - OpenDemocracy
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The great irony of Brexit is that most outcomes will lead to a loss of
sovereignty and democracy. But there is a route forward.
Labour leader Jeremy Corbyn speaks following PM's statement in the House of Commons
deferring tomorrow's "meaningful vote" on her Brexit deal. PARBUL/Press Association. All
rights reserved.
This week, MPs were due to vote on whether to endorse Theresa May’s Brexit
withdrawal agreement. However, the vote was deferred in the face of fears that
the deal would suffer a disastrous defeat and bring an end to Theresa May's
tenure as Prime Minister. The decision may have bought Theresa May some
time, but it has not quelled the mounting dissatisfaction over her deal and her
leadership.
It is also a critical time for the Labour Party. Up until now Jeremy Corbyn’s team
have played a careful balancing act – respecting the result of the referendum on
the one hand, while making occasional gestures to those who want a second
referendum on the other. But now it’s decision time: with the political calculus in
parliament balanced on a knife-edge, the decisions taken by the Labour Party
leadership over the coming weeks could have huge repercussions for the party,
and for the country.
There is no easy route forward. The European Union has long been a source of
division on the Left, and the Brexit vote has brought these divisions to the fore.
One of the reasons Brexit is so difficult is that it bundles together various
complex issues – trade, regulation, migration, democracy, etc – into a single,
binary choice. Many of the issues at stake are mutually exclusive, therefore
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arriving at a Leave/Remain position involves making a series of difficult trade-
offs. By attaching slightly different weightings to different priorities, it is possible
for two people who otherwise agree on most political issues to arrive at
opposing views on the EU.
c) Uphold democratic principles by ensuring that we have a say over all the
laws we are subjected to.
Theresa May’s plan partially achieves a) and b), while sacrificing c). Her
strategy has been to retain some of the benefits of economic integration to
avoid the damage resulting from a cliff edge, while reclaiming national
sovereignty over certain key areas (immigration, agriculture, fisheries etc).
However, the price of this strategy is that EU institutions will still have
considerable influence over our laws and regulations.
The Labour Party’s position has become clearer over time. In a speech
delivered earlier this year, Jeremy Corbyn stated that Labour’s priorities were as
follows:
– Negotiate a deal that gives full “tariff-free access” to the single market;
– Negotiate a new customs union with the EU, while ensuring that the UK has a
say in future trade deals;
– Not accept any situation where the UK is subject to all EU rules and EU law,
yet has no say in making those laws;
The first two of these seek to keep the benefits of economic integration that
come via the single market and customs union. The third is about maintaining
democracy, while the fourth is about reclaiming national sovereignty. Labour is
trying to have all three ends served at once. This is an internally contradictory
position that falls foul of the Brexit trilemma, meaning that trade-offs will likely
have to be made.
Labour’s official line is that Theresa May should “step aside” and let a Labour
government negotiate an improvement on her deal. While this might be a savvy
political move, the chances of Labour being able to significantly improve on
Theresa May’s deeply unsatisfactory deal are extremely slim – as the EU have
already made clear.
The EU’s red lines have been clear from the beginning, and there is little reason
to expect any more concessions from Michel Barnier – particularly if the general
strategy adopted is similar to that of Theresa May’s (i.e. attempt to retain some
of the benefits of economic integration, while reclaiming national sovereignty
over certain areas such as immigration and agriculture). In order to strike a deal
along these lines, Labour would inevitably have to compromise on a number of
their priorities, which would most likely involve accepting a situation where the
UK will be subject to some EU rules and EU laws while having no say in making
those laws, and accepting EU State Aid and competition directives.
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Some MPs have backed a so-called ‘Norway plus’ option, which would see the
UK remaining in the European Economic Area (EEA) and joining a customs
union with the EU. However, with the exception of a car crash disorderly Brexit,
this represents the worst of all worlds – sacrificing both democracy and national
sovereignty in order to maintain the benefits of economic integration with the
EU. It amounts to “all pay, no say” – accepting all EU laws and regulations while
sacrificing any democratic say over them, while also contributing to EU budgets.
It is hard to imagine a world where our politicians and electorate – who voted for
Brexit in order to “take back control” – would stomach such an outcome. In any
case, Norwegian leaders have made it clear that they would oppose Britain’s
application to join such an arrangement.
This leaves two possible options which, on the face of it at least, do not involve
a significant loss of democracy and sovereignty. Firstly, Labour could favour a
harder Brexit which seeks to reclaim national sovereignty and take back control
of our rules and laws, while sacrificing economic integration with the EU – and
incurring whatever economic cost that might carry (hereafter referred to as the
‘Lexit’ option). This effectively combines options b) and c) in the list above,
while sacrificing a).
These are not black and white options – there is some room for nuance
between them. But they represent two important strands of debate that are
currently jostling to influence the Labour Party. As the ‘Lexit’ option represents a
radical break with the status quo, it is important to consider its implications
carefully, and assess these against the case for remaining in the EU.
For the Left, two of the most contentious areas are State Aid and competition
policy, which have been the subject of intense debate. While some argue that
these rules would prevent a Labour government from being able to implement
certain policies, such as taking industries into public ownership and intervening
to support domestic industry, others argue that these claims are highly
exaggerated. As is often the case, both positions contain elements of truth.
EU rules do not prohibit public ownership per se. Article 345 of the Treaty on
the Functioning of the European Union (TFEU) states that “This Treaty shall in
no way prejudice the rules in Member States governing the system of property
ownership.” However, over time new liberalisation directives have required
governments to open certain sectors to market competition, such as gas,
electricity, postal services, telecommunications, and (more recently) railways. In
these cases, public sector companies are allowed to exist, but must compete
alongside private firms (or the public sector companies of other countries) in a
market on a “level playing field”.
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states to provide support to industry on a sub-commercial, or ‘promotional’,
basis.
The first of these is the ‘De Minimis Regulation’, which sets a threshold figure
below which State Aid will not apply because it will be assumed that the aid will
not distort competition. The current De Minimis threshold for aid granted to any
one organisation is €200,000 – meaning that the European Commission does
not need to be notified of any support that is below this limit.
State Aid support is also permitted in areas that fall within the scope of the
General Block Exemption Regulation (GBER). These are activities that have
been exempted from State Aid rules due to certain social, development or
environmental objectives, and include things like regional aid, support for SMEs
and start-ups, support for environmental protection and aid for research and
development. There are also exemptions for social services such as education
and healthcare.
For any interventions that do not fall within De Minimis limits or a block
exemption regulation, states must provide the European Commission with an
ex-ante analysis of the ‘market failure’ that is being addressed – which can be a
difficult and laborious task.
Whether or not these rules are a barrier to Labour’s economic agenda depends
on the scope of the Party’s aspirations. Labour’s 2017 manifesto was very
much in the vein of moderate European social democracy. Nearly all of the
flagship policies already exist in other northern European countries such as
Germany and the Nordic countries, and it would be possible to implement most
of these within the EU’s State Aid and competition regimes. The reason these
policies have not been implemented in the UK so far is not because of any EU
rules – it is because successive UK governments, including Labour
governments, have been ideologically opposed to them. As the chart below
shows, the UK has consistently spent significantly less on State Aid expenditure
relative to other Northern European economies.
However, while the EU’s State Aid and competition regime is relatively
accommodating of social democracy, it is less accommodating of democratic
socialism. At a basic level, the EU’s State Aid and competition regime is
fundamentally rooted in the idea that goods and services are most efficiently
produced by private firms operating in a competitive market, and that the state
should only intervene in markets to ‘level the playing field’ or to correct certain
identifiable market failures.
If Labour plans to mount a serious challenge to this logic, and move beyond the
moderate social democracy implied by its 2017 manifesto, then it is likely that
this would place a Labour government on a collision course with the EU’s State
Aid and competition authorities.
A final area of concern for many of the Left is around capital mobility. Some
have argued – rightly in my view – that allowing capital to flow seamlessly
across borders has imposed many costs on society while generating few
benefits for ordinary people. As Grace Blakely explained in a recent article:
However, because the free movement of capital is one of the “four freedoms”
that is codified in the Treaty on the Functioning of the European Union (TFEU),
introducing any controls on capital mobility would again probably place the
government on a collision course with European authorities (although so far
Labour has not expressed support for introducing capital controls).
For the most part, however, the key source of division on the Left is not whether
there are areas of EU policy that are problematic. Instead, the division is over
what the best strategy for overcoming these problems should be.
For Remainers, the best way to overcome the problems with the EU is not to
leave it, but to reform it from within. For Lexiteers, the problem with this strategy
is that the EU lacks the democratic structures to achieve meaningful reform: the
European Commission is unelected, while the European Parliament lacks teeth.
According to many Lexiteers, the entire architecture of the EU has been set up
in such a way as to make it impervious to democratic pressures. The tragic
events in Greece are often held up as an example of why a ‘remain and reform’
strategy is destined to fail.
The second reason why the UK is not like Greece is that the UK is not a
member of the Eurozone. The importance of this cannot be emphasised
enough. In the event of a confrontation between a country that uses the euro
and the EU, the bargaining power will always be firmly in favour of the EU. This
is because if push comes to shove, the European Central Bank can suffocate
disobedient governments by letting bond vigilantes punish them on financial
markets, and by failing to provide the banking sector with liquidity. This is why
SYRIZA’s strategy failed in Greece, and it is also why the Italian government’s
current confrontation with the European Commission will probably end in failure
too.
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But this is not the case with the UK. The UK is one of the few countries in the
world that is in the privileged position of having its own currency, its own central
bank, a freely floating exchange rate, and the ability to borrow fully in its own
currency. This means that the worst that could happen in the event of a
confrontation with the EU would be a fine and diplomatic row. Similarly, while
Eurozone countries face legal sanctions if they breach the deficit and debt limits
contained within the EU’s Stability and Growth Pact, the UK is exempt from
such sanctions. It is perhaps ironic that among all member states, the UK is the
best placed to weather the consequences of non-compliance with EU policies
and spearhead a campaign of ‘remain and reform’ – and yet it is the one state
that has unilaterally decided to leave.
The story is similar with regard to capital controls: while it is true that the free
movement of capital is a fundamental principle codified in the Treaty on the
Functioning of the European Union (TFEU), again the picture is more nuanced.
The TFEU states that non-euro countries can “take the necessary protective
measures” including introducing capital controls, for example if a sudden
balance of payments crisis occurs. Iceland, which is not a member of the EU
but is a member of the European Economic Area, imposed capital controls in
2008 and kept them in place for nearly 10 years.
Eurozone countries do not have such legal leeway on capital controls. However,
in practice two Eurozone countries – Greece and Cyprus – have imposed
capital controls in contravention of European treaties, again highlighting how
EU rules are often bent and broken.
This highlights a wider point, which is that many arguments for Lexit are often
rooted in a critique of the Eurozone. Often these critiques, such as that offered
by Costas Lapavitsas in his recent book ‘The Left Case Against the EU’, are
clear and convincing. But many of these arguments do not apply to the UK, and
therefore they do not amount to an argument for Brexit.
The EU has made it clear that alignment on issues such as State Aid is a red
line for any free trade agreement with the UK after Brexit. Were the UK to enter
into a free trade agreement with the EU, there would be very little wiggle room
to bend or break these rules. As a third party, the European Commission would
enforce strict compliance, and terminate the agreement if the UK tried to
deviate from them. The UK’s bargaining power would be extremely weak.
However, a Labour government would also find that it has less sovereignty over
some areas of policy than it had before. As others have pointed out, in a world
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where production takes place through global networks and intra-industry trade
dominates, so-called ‘non-tariff barriers’ such as regulatory standards play an
incredibly important role in everything from the medicines we take, the food we
consume and the safety of the flights we board.
It is here where the EU’s key power lies. As Sir Ivan Rogers has pointed out:
As Anthony Barnett has noted, there is no way out of the EU’s regulated space
for the UK. Even in a Lexit scenario, the UK would have to comply with
European regulations and standards if it wants to maintain and expand its
global production chains, but will have no say over these rules. For the same
reasons, after Brexit the UK will be less able to hold multinational corporations
to account compared with being inside the EU. An independent UK is simply not
a large enough economic power to exert influence on large foreign-owned
corporations. This is why Mark Zuckerberg agreed to appear before the
European Parliament, but didn’t bother to respond to the invitation from the UK
parliament.
An independent UK – socialist or not – cannot fully insulate itself from the forces
of global capital. The left-wing belief that it can shares a common trait with the
right-wing fantasy that Brexit will create the conditions for “Empire 2.0” – both
are rooted in a failure to come to terms with the UK’s rapidly diminishing power
in the world. When it comes to regulating these forces, the reality is that an
independent UK will be reduced to a “rule taker” that has to abide by decisions
taken by the EU, China and the USA. So while Lexit might enhance national
sovereignty over some policy areas, it will also reduce the amount of influence
that the UK has over other policy areas.
Even if all of the above assumptions are met, a Lexit can only be justified if the
expected benefits exceed the economic and political costs of leaving the EU.
Because by definition a Lexit must resemble a hard Brexit, these costs will be
high. There are broadly four issues of importance here.
The first relates to jobs and trade. Leaving the single market and the customs
union without any replacement trade agreement will cause severe disruption to
trade and supply chains. In recent weeks, a plethora of analyses have been
published which have attempted to estimate the economic impact of different
Brexit scenarios. According to the Bank of England’s “disruptive scenario”,
where tariffs and other barriers to trade between the UK and EU are introduced
and no new trade deals are implemented within a five year period, GDP could
fall by 8% relative to the path the economy was on prior to the EU referendum,
unemployment could spike to 6% and inflation could rise to 4%.
While it is right to treat the specific figures contained in these assessments with
a degree of scepticism, it would be foolish to ignore their overall message.
Moreover, while GDP is far from everything – particularly in a country where
GDP growth has become decoupled from most people’s earnings – history
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shows that it is often the poorest who suffer the most from such severe
economic shocks.
Of course, the ultimate impact of any Brexit deal will depend on how the
government decides to respond. In the face of a hard Brexit, it is likely that the
government would respond with a programme of fiscal stimulus to offset the
loss of demand. But replacing loss of access to continental supply chains and
demand from European consumers is not something that can be achieved
overnight. Even with an active fiscal response from government, it is likely that
a Lexit would involve a painful adjustment process that will hit some parts of the
country particularly hard, in the short to medium term at least. Such an outcome
would be difficult to reconcile with the “jobs first Brexit” that Labour has
promised the country.
Many on the Left are highly critical of the EU’s “fortress Europe” approach to its
external borders. However, leaving the EU does nothing to address this, but will
only guarantee that the UK has no power to influence the creation of a more
humane European border regime in future.
The third area relates to domestic political forces. In order to get the type of
hard Brexit required by Lexit through parliament, Labour would very likely need
to ally with right-wing Brexiteers, who have their own plan for Brexit. This
involves radical re-shaping of the UK economy along free-market lines by
dismantling labour and environmental standards, opening up the NHS to global
competition, and entering into a comprehensive trade deal with the USA – the
conditions of which would make EU membership look like a socialist paradise.
This would represent a colossal defeat for the Left, and the risk of this outcome
materialising – however small it may be – should be taken very seriously
indeed.
Finally, there are geopolitical factors. The most significant of these relates to the
prospect of a hard border on the island of Ireland, which many experts believe
would pose a significant risk to the peace process won through the Good Friday
Agreement. It is therefore incumbent on Lexiteers to provide a convincing
solution for how a hard border can be avoided under a hard Brexit scenario (I
have yet to hear one), or acknowledge that a hard border would be erected –
and explain why that would be a price worth paying. There are also other
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geopolitical considerations that ought to be considered, such as the possibility
that a hard Brexit may increase support for Scottish independence and
accelerate the break-up of the United Kingdom.
While concerns are legitimate that a second referendum would undermine faith
in democracy, they are somewhat alleviated by the fact that demographic trends
are so firmly in favour of staying in the EU. It has been estimated that if nothing
else changed from the 2016 referendum, Remain would have a majority by
2021, and this would increase steadily thereafter. So even if we leave the EU,
we may well end up applying to get back in very soon, albeit on much worse
terms than the current status quo.
Perhaps the biggest problem with a second referendum lies with the people
who are campaigning for it on our airwaves. The likes of Alastair Campbell,
Andrew Adonis and A.C. Grayling appear to have learnt nothing from the
disastrous Remain campaign of 2016, and seem determined to simply rewind
the clock back to 2016. In many ways, they epitomise what many people were
voting against when they voted for Brexit. In this sense they are liabilities to the
cause, rather than assets. If the campaign for a second referendum is to be
successful, it must be made absolutely clear that the status quo is not an
option. Critically, it must be led by figureheads who can clearly articulate the
need for radical change – and who have the backing of the Labour leadership,
as well as the SNP, Greens, Lib Dems and Plaid Cymru.
One silver lining from the Brexit debacle is that the Tories have been exposed
as deeply divided and hopelessly incompetent. If Labour can successfully
exploit these divisions, there is a very real opportunity to put the Tories out of
power for a generation. Although it would need careful planning, such a strategy
could involve painting the Brexit impasse as a crisis engineered by the Tories,
highlighting that the only way out of the deadlock is to have another
referendum, and then campaigning in the referendum on a radical platform of
‘remain and reform’. With the Tories weakened by internal division and political
crises, and Labour’s grass roots membership firmly in favour of Remain, the
party would be in a strong position to win the referendum – and ultimately the
next general election. As Paul Mason has written:
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Such a strategy is not without its risks. But for me at least, it’s the best route to
arriving at the least bad outcome, in what is a deeply unsatisfactory state of
affairs.
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