Friday 13th- Unlucky for some (if not all)

By Jane Thomas

As largely predicted the polls are narrowing with last nights YouGov poll suggesting that the Conservative lead has halved in the last two weeks. This is worth more than a cursory glance as it was YouGov using their MRP model that predicted most closely the outcome of the 2017 election. It is also the modelling that Electoral Calculus are now using and  - although interestingly - now showing different results than YouGov today.

What we do know is that nearly everyone got burned with predicting 2017 election so most pollsters are trying to keep their bases covered so there are huge caveats. Firstly the MRP comes with a margin of error, just like all polling. The current estimates mean the Conservatives could be anywhere between 311 and 367. Second and more important this general election has blurred traditional voter party loyalties and has left nearly 20% of the electorate undecided as they go to the polls. With so many constituencies now marginal between 80 to 90 seats are still up for grabs in this last key day. Basically then anything can happen.

But beyond the speculation of the polls is the more important speculation of what will be delivered on Friday the 13th. There are with this amount of uncertainty four possible outcomes - a Conservative majority; a Labour majority; a coalition government ( either formal coalition as in 2010 or one that relies on supply and confidence agreement); a hung parliament with no apparent ability to reach an agreement on coalition or confidence and supply.

From the Brexit Civil Society Alliance point of view it is the first and last outcomes that need some attention. Firstly a Conservative majority will move things along and “ get Brexit done”. Expect legislation before Christmas and then moves  to negotiate a trade deal with the EU next year and with no extension of the post-Brexit transition period beyond December 2020. Boris Johnson has also explicitly said the UK will be outside the EU single market, and any form of customs union. This is not the place to argue what *get Brexit done means* but there is an unambiguous route map here even if that route may yet be blocked by new MPs ( what happens if a handful of  One Nation Remain Tories returns??)

Of equal significance though is the current Conservative manifesto commitments to limit any checks and balances on the government if elected – the now infamous “page 48“.  As noted by  Prospect magazine the  single mention of the party’s pledge to “update” the 1998 Human Rights Act, which brings the European Convention on Human Rights (ECHR) into domestic law has rung alarm bells to constitutionalists. There is no detail or indication of what this update will look like other than it will “ensure that there is a proper balance between the rights of individuals, our vital national security and effective government.” There is also on the same page a reference to looking at “the relationship between the government, parliament and the courts.”

This last reference suggests that parliamentary process of scrutiny may well be up for grabs and should ring alarm bells to everyone - especially given the recent track record of the last Conservative government and their steamrolling of complicated and hugely consequential Brexit withdrawal legislation giving it just a few days to be considered before enactment.

What of a Labour government? However much polling is not an accurate science anyone who has been on the doorstep in key marginals (I’ve been out in six in Derbyshire and Yorkshire) will tell you this is not going to happen. The red walls feel breached in South Yorkshire and this is exactly where Boris Johnson has planned to make gains. So whilst Jeremey Corbyn may yet be Prime Minister it will be not be as the leader in a Labour government but in a coalition government.

And that brings us to option three - a  coalition government. The Conservatives could yet be held to 310 seats, which would render them unable to govern. This will then lead to a most interesting week or so about who will be leader and what is given in return  ( in 2010 the Lib Dems and Conservatives took five days to forge a deal). The SNP will be the ones holding the key to this, not the Lib Dems (look at projected gains) and the chips used will be Scottish independence in return for support of Corbyn. The Lib Dems will possibly acquiesce in return for early referendum on Brexit and quite possibly some form of voting reform. But there are so many variables its not worth the speculation.

Its when it comes to outcome number four, a hung parliament , the process is complex. As the Institute for Government point out an unclear election result could trigger a period of real uncertainty over who should run the country. If no obvious coalition emerges the  incumbent prime ministers have an advantage as no new government can be formed until their resignation. Just like Stanley Baldwin in 1923–4, Boris Johnson could decide to stay on and ‘test the will of the House’.

This is when it gets messy. A Queen’s Speech is planned for 19 December but there is no date set for the preceding days of debate and that could still be pulled. Given the Christmas recess several weeks could pass before we know who will be running the country. In fact there is speculation under these circumstances Boris Johnson will remain and drag out any chance of resolution so that he can still get Brexit over the line by January 31st.

This last point should focus the minds of our newly elected MPs - some of whom will be so new to the process they will have problems finding the Chamber, nevermind understanding parliamentary procedure. But they will all have been elected with one of two key expectations from their electorate - to get Brexit done, or to halt it. So you will have a very divided House again.

Finally and one last broad point about this election that is concerning to all of us who want to see fair, open elections and democratici and accountable government. This is the first general election where several of the tech giants have really been called out on the  political ads running on their platforms.

This really is the era of fake news and in a tight election this could yet be decided by a series of untruths. Not very edifying for a 21st century democracy. It could also be decided by a much more sophisticated and targeted application of tactical voting. This in itself is not anti democratic but does beg the question about the state of a two party voting system that increasingly is no longer fit for purpose. Those hoping that this election puts an end to any number of things will be hugely disappointed.

Image credit: “Polling Station sign stock photo image" by DPP Business and Tax is licensed under CC BY 2.0

Considering the ‘impossible’: can the Government pass a Brexit deal?

Considering the ‘impossible’: can the Government pass a Brexit deal?

The current Withdrawal Agreement is, by most people in Westminster considered dead. However, in the spirit of proper planning what if a deal isn’t dead? What if Johnson’s rhetoric- we’re leaving on the 31st October come what may- is actually aimed at getting MPs in line, rather than, a negotiating tactic? Both can, of course, be true at the same time, but it is worth considering whether a deal could actually be passed before the 31st.

‘Bumps in the road’? –Scots disabled people and a no-deal Brexit

‘Bumps in the road’? –Scots disabled people and a no-deal Brexit

Like many Policy Officers at the minute I find myself attending numerous roundtables about Brexit. I am there to draw attention to the concerns of over a million people in Scotland who are disabled - their fears about erosion of hard-won rights, social protections, staffing within health and social care and funding for their organisations - which have been nowhere near the top of the agenda in the political debates over Brexit.

Taking stock: how ready are we for no deal Brexit?

Whilst it is hard not to get caught up in the drama of Political Bake Off with rivals in the Conservative Party vying to be the master baker of Brexit it is not going to be easy being the new Prime Minister. In fact, those that have promised a renegotiated deal or even No Deal may be wishing they had just stayed to do the washing up.

Ireland's prime minister warned British lawmakers on Tuesday, June 11th against making "a terrible political miscalculation" of thinking their rejection of the Brexit divorce deal already negotiated with the European Union will mean they will get a better one. Outgoing European Commission President Jean-Claude Juncker also reiterated on Tuesday that the stalled divorce treaty - including the backstop - will not change with the arrival of a new prime minister in London.

The press release from the European Union on Wednesday, June 12th  did not offer many crumbs of comfort. Recognising that a ‘no-deal' scenario on 1 November 2019 very much remains a possible outcome, the EU has taken stock of its own level of preparedness for a No Deal situation. The press notices provided details on the extensive preparations in the EU27 in areas such as citizens' residence and social security entitlements, customs and taxation, transport, fishing, financial services as well as medicinal products, medical devices and chemical substances.

This was a stark reminder that in a ‘no-deal' scenario, the UK will become a third country with NO transitional arrangements. All EU primary and secondary law will cease to apply to the UK from that moment onwards.In particular concerns have been raised about levels of preparedness in the areas of citizens' residence and social security entitlements; medicinal products, medical devices and chemical substances; Customs;  indirect taxation and border inspection posts; transport; fishing and financial services.


So just how ready are we?

There is still speculation about WHAT pieces of legislation the government need to have passed before No Deal happens. The Institute for Government has produced this rather comprehensive infogram to explain the hurdles that the government must jump through suggesting that there was much still to be done. In February 2019, the National Audit Office (NAO) published an updated assessment of the Government’s preparations for the UK border in the case of a no deal exit and suggested that the delivery of certain new IT systems needed for no deal is “in doubt”.

The problems remains the lack of parliamentary days left to get the legislative House in order. The Agriculture and Fisheries Bill  and the Trade Bill have to be enacted before we leave, deal or no deal, as legislation will need to be in place to replace EU legislation. This is as much about governance gaps as about regulation. Furthermore, it is unclear how many Statutory Instruments (SI’s) still need to be laid to make for the smooth running and function of DEFRA and other government departments, and if any impact assessments accompany them .Colleagues in the environment sector point to the fact that SI’s relating to DEFRA is incomplete and there is the real risk of operability issues in the event of No Deal.

Just as Boris Johnson was launching his leadership campaign this week, the Financial Times revealed a leaked Cabinet document which suggests the government is still a long way off being No Deal ready.  Despite the government pushing out over 100 technical notices  around a whole range of no-deal issues for citizens and businesses in August and September of last year it is obvious there are sectors that will not be ready in time. Prepared for a cabinet discussion on 21 May, the note  was never circulated but makes clear that it will take “six to eight months” to build up supplies of medicines “to ensure adequate arrangements are in place to build stockpiles of medicines” and “at least 4-5 months” to make traders ready for the new border checks that might be required, including incentives to register for fresh schemes. This is before you even start to consider the issue of haulage and the number of permits required to be issued by October 31st - some 11,000 - against the number available to be ready by the end of October - some 950.

The problems surrounding No Deal are compounded by the political uncertainty in terms of leadership and the past problems of Cabinet leaks, a government in contempt of parliament and the future over the mishandling of freight capacity with the Seaborne Freight contract. Little wonder that the civil service finds itself in a risk-averse mode.


The Border

No self-respecting blog on all things Brexit should finish without a mention of the all important border between Northern Ireland and the Republic of Ireland. More importantly, and helpfully, customs lawyers Michael Lux & Eric Pickett have done a paper for the Northern Ireland Department of Economy on trade facilitation options in no deal. This is an attempt by experts to identify actionable solutions on the border between Northern Ireland and the Republic of Ireland whilst recognising that recreating a customs borders could seriously jeopardise the peace dividend of the Good Friday Agreement

There are some interesting suggestions but whatever you put in place (economic free zones, waivers, one-stop shop and single window; joint Customs Offices etc) it is the nature of the trade as well as the issue of the border that presents problems.

There is an estimated 25,000 heavy goods vehicle (HGV) border crossings per day at 42 main crossings points and according to NISRA (Northern Ireland Statistics & Research Agency ) many are involved in what is deemed sensitive goods and products such as milk and agricultural products. But importing sensitive goods and products places special demands on infrastructure as they have to be inspected and the documentation requirements for consignments to the EU  increase significantly for NI producers/traders. Pre-inspection facilitations can decrease the frequency of inspections, but no such arrangements exist on the border.

Will the border be ready for October 30th - even with the best will in the world? This is what business will have to confront  - providing guarantees for potential or actual customs debts, payment of customs duties and import VAT or excise duties due upon import, applying for authorisations, executing and complying with customs formalities, establishing operating procedures for dealing with customs matters and determining what the impact of the new situation will have on business operations and cash flow position. In some cases, particular checks and inspections of imported products are necessary which  may be subject to charges such as that levied for the veterinarian checks

Its something you would hope all aspiring candidates to be Prime Minister will familiarise themselves with but like most things to do with No Deal we seem some way off.