MARTIN HOWE QC. Summary of Chequers talks.

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MARTIN HOWE QC. Summary of Chequers talks.
« on: July 08, 2018, 08:16:14 PM »
MARTIN HOWE QC. Summary of Chequers talks.


(1)The Chequers
proposals would involve the permanent continuation in the UK of all EU laws which relate to goods, their composition, their packaging,
how they are tested etc in order to enable goods to cross the UK/EU border without controls.
All goods in the UK manufactured in
the UK for the UK domestic market, or imported from non-EU countries, would be permanently subject to these controls.
(2)There would be a general obligation to alter these laws in future whenever the EU alters its own laws, with a mechanism for Parliament to
block such changes which is probably theoretical rather than practical.
(3)This would put the EU in a position to fashion its rules relating to goods
so as to further the interests of continental producers against UK competitors, when we will have no right to vote on those rules.
(4)The obligation to follow the EU rulebook for goods would gravely impair our ability to conduct an independent trade policy. In
particular, it will prevent us from including Mutual Recognition Agreements for goods in trade treaties and this is likely to destroy the prospect of
successfully achieving meaningful agreements with some of the prime candidates such as the USA and Australia..
(5)The ECJ jurisdiction
osals would put us in the same position as Moldova, an applicant/supplicant state which is willing to accept binding ECJ rulings on the conformity of its
laws with EU law as part of the preparations for its accession. Quite why this is thought to be a suitable model for a country which has left the EU and is the
largest economy is unclear.
The supremacy of the UK courts over laws in the UK would not be restored, contrary to the claim made in
para. 6(g) of the statement.
(6)The new “Facilitated Customs Arrangement” seeks to solve one of the problems of the NCP (collection
of EU level tariffs with rebate system on goods destined for the UK market) by imposing on UK-destined goods the administrative
burdens of a tracking system.
This would (A) increase the likelihood of this system being found in breach of the national treatment principle in
GATT Art.III, and (B) apparently extend yet further the timescale for implementation of this Heath Robinson system, locking
the UK in the mean time into the EU’s common external tariff, preventing the electorate from benefiting from Brexit in time for the next
General Election.
(7)However, there is no indication at least from what has been made public that the FCA has solved or alleviated any
of the other problems of the NCP proposal. It is not clear how the problem of rules of origin controls on UK manufactured goods imported into the EU will in the absence of customs controls on the UK/EU border, or how this issue can be solved compatibly with WTO rules.
(8)These proposals will not be accepted by the EU since in their perception they amount to unacceptable “cherry picking” of the “benefits”
of the single market. However the EU is unlikely to reject the UK’s position outright, but will instead keep the UK inside a “lobster pot” where it
negotiates rather than prepares for no-deal while the negotiation time runs down and when the EU will demand huge last minute concessions in return for not
taking away the transition period.
(9)These proposals therefore lead directly to a worst-of-all-worlds “Black Hole” Brexit where the UK is
stuck permanently as a vassal state in the EU’s legal and regulatory tarpit, still has to obey EU laws and ECJ rulings across vast areas, cannot develop
an effective international trade policy or adapt our economy to take advantage of the freedom of Brexit, and has lost its vote and treaty vetos
rights as an EU Member State.
This is a devastating takedown of the government’s plan by one of the leading Brexiteer experts. What are Brexiteer MPs going to do about it?

The final two paragraphs show what has been agreed at Chequers in this damning briefing written by Martin Howe QC. alerted to it by Andrew Bridgen MP. Andrew said: "I wouldn't vote for this even if the EU paid us".

« Last Edit: July 09, 2018, 08:33:13 AM by the leveller »

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