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Lawyers for Britain on the poisonous choices ahead

Martin Howe QC has written an article on the choices facing Parliament with regard to ratifying Mrs May’s agreement (as amended) or extending the Article 50 deadline, the Trojan ass beloved of Remainiacs.

Essentially, he sees the worst option as approving Mrs May deal with its indefinite nature, subjugation to the ECJ as an arbitration mechanism and no exit clause (but I think a suitably-phrased Act of Parliament and, in the event of any nonsense from over the water, a few well-aimed cruise missiles as an ultimate fallback would do). I fail to see the disadvantage of breaching such a bad treaty, President Trump is a great one for saying that this arrangement is screwing us, so screw it and if you don’t like it, tough.

A short extension would be a nonsense as the European ‘Parliament’ will take a break from rubber-stamping or worse, gilding (never ‘gelding’ it seems) the legislation put before it so that elections may be held, and it is needed to ratify the final Withdrawal Agreement. It would give three weeks for more procrastination and delay (which is the whole point of Mrs May’s premiership, in case anyone hasn’t noticed).

As Mr Howe notes of the FFC:

The Prime Minister’s statement to the House of Commons on 26 February 2019 opened the door to a “short, limited extension to Article 50 not beyond the end of June” if the House again rejects her deal on 12 March. She thereby abandoned her commitment, repeated in the Commons more than 100 times, that the UK will leave the European Union on 29 March 2019.

Without any apparent consciousness of the irony, she told the House that she would stick by her commitment to hold a vote on extending Article 50 “as I have [stuck by my] previous commitments”.

Mr Howe sums up the advantage of a 21 month extension over Mrs May’s ‘deal’.

A long extension of 21 months would have the same practical result as the “implementation” period in the deal, except the UK would be much better off than under the deal because we would still have a vote and representation in EU institutions and the European Parliament.
Unlike the deal, we would be free to leave on 1 January 2021 without being trapped in the “backstop” Protocol.
Our financial liabilities during the 21 month extension would be the same as under the deal, but unlike the deal, we would have no obligations afterwards.
Unlike under the deal, we would not be subject to indefinite ECJ jurisdiction after 2020.

As Mr Howe notes:

When you want to get someone to do something by threatening them, the normal protocol is that you threaten them with something which is worse than the thing you want them to do. However, in this case, it is the other way round. The ‘threat’ is manifestly more advantageous in every way than the thing the threatener wants the threatened to do (vote for the Theresa May deal).

Would an extension be granted by the EU?

… there are severe difficulties in the way of getting such an extension in the first place. The EU is wary of the problems which would be created by holding the European Parliament elections in the UK. The Conservative Party should be not simply wary, but alarmed across the board, at such a prospect, since a decimation of the Conservative vote in the face of Nigel Farage’s reinvigorated Brexit party cannot be ruled out. And if the Brexit party establishes itself with a big vote in the European Parliament elections, it will not go away and will be a real vote-splitting problem for the Conservatives in by-elections and at the next general election – an even greater problem than UKIP was in the past.

The EU may well not be willing to agree to an extension. It only takes one member state to veto it.

So this is where the Conservative Party has taken the country, to a point where threats of something better that a final outcome are being deployed with a view to getting the worst possible deal for the UK? And our best hope may well be another EU member government deciding to put a stick in the spokes of the extension? Could, say, nice Mr Orban be our saviour? We might see just how far the euroscepticism of some European politicians will take them.

A Brexit photo

Today I was at Euston tube station, and found myself admiring the antique signage on one of the platforms, the Northern Line I think, done with painted tiles, rather than with a printing press or with electronic wizardry as is the way such things are done now. Way Out signs are not what once they were. So out came my camera.

At this point I realised that there was some weekend, Brexit-related fun to be had, by including also part of the bit where it said, in much bigger letters, “EUSTON”:

If only the way out of the EU was turning out to be as simple as exiting from Euston tube station.

Young voters and Corbyn

The myth at the heart of the ‘Corbyn project’ is that it is a grassroots movement of enthusiastic young people. This group, so the theory goes, is disgusted by free markets and longs for industries to be nationalised and collectives of workers to seize control of the means of production. Books have even been written about how the ‘young’ have ‘created a new socialism.’ But if this is true, why does a poll today reveal that support for the newly-formed centrist Independent Group predominantly come from young people? Forty-seven per cent of 18-24 year olds approve of the creation of TIG, with just 14 per cent disapproving of it. This is strange behaviour from an age group we’re constantly told are supposed to be most rabidly in favour of Jeremy Corbyn. Listening to high-profile Corbynistas in their plentiful media appearances you would assume that the people most likely to back TIG are ageing Blairites and ‘centrists dads’. Far from it.

Young people are the least likely to oppose introducing competition into government services, and the least likely to favour the government pursuing equality of outcome. Perhaps this explains why so many young people approve of a group that has also won approval from the IEA and the ASI for its favourable view of austerity and Osborne cuts, opposition to renationalisation, anti-tax hike, and pro-tuition fee positions.

In reality any meeting of the hard left looks more like a retirement home than a university seminar, even in London, where more young people live. So Corbynism is not a movement led by a generational shift in the way we view the world, but one driven by the same few hundred thousand people in the country who have always leant towards the left. The only difference is that now they are better organised and able to seize the infrastructure of an old established party thanks to an ill thought-out £3 membership scheme. To put Labour’s support into perspective, the party’s total membership is less than half the number of people who voted Green in 2015.

Tim Harwood.

It may be true that some of the support for Momentum comes from the young, but the idea that most 20- and young 30-somethings have the hots for an ageing anti-semite, IRA supporter, Hamas chum and Marxist seems a tad far off the mark. The new and devastating book by Tom Bower is hardly going to make life easier. With their penchant for the goodies of modern capitalism (iPhones and all the rest of it), if not being in agreement with the global trade that makes this possible, it always struck me as more likely that a more genuinely liberal creed would appeal. The problem, as I see it, though, is that the breakaway MPs from Labour and the Tories who have formed the Independent Group are largely motivated by a desire to keep Britain inside the clutches of a federalising EU project marked by disdain for what voters want, and squaring that circle is going to be difficult.

Classical liberalism (ie, what I think liberalism actually is) has never been a majority taste among the young, in my experience, but it isn’t doing well at the moment, even though there are student groups and others doing what they can to counter statist nonsense and resist it in colleges, etc. That’s why I applaud the likes of the Atlas Network, Students for Liberty and the work of groups such as FREER, etc. Whatever might be the real support for Corbyn and his fellow socialist troglodytes, more needs to be done to spread better ideas when people are still at a formative stage in thinking about these things. I do what I can in speaking to meetings, and actually a practical step I’d urge those who scoff about such efforts to consider is mentoring students whom they know, giving them reading material and steering them towards ideas that their own lecturers might not be exposing them to. This doesn’t have to be done in a blunt fashion, either.

Samizdata quote of the day

We don’t need to rewrite the Constitution. They need to reread the Constitution.

Lynnette Hardaway

For a bit of background, read About Diamond and Silk.