New: the U.K. is claiming victory over the EU in the Brexit talks. Let's take a closer look... 1/

One of the root causes of the Govt's Brexit difficulties is that it has overpromised.

We can, it is said, reclaim our sovereignty, with the freedom to make our own rules, and, at the same time, retain many of the advantages of EU membership. 1/14

The reality is that we cannot.

Unless we agree to certain standards and rules (and there is scope to argue about which rules), there will be borders, and checks, and tariffs. 2/

There will always be a relationship between rights (eg tariff free access to EU/UK markets) and responsibilities (eg abiding by level-playing field commitments). 3/

A 'good' outcome for the UK, in the Govt's view, would involve access gains (eg fewer border checks) without corresponding obligations (or with weak, or difficult-to-enforce obligations). 4/

The chances of this sort of 'good' outcome are low. The EU looks likely, in the face of the threats in the Internal Market Bill and now the Finance Bill, to insist on rigorous governance provisions. [Also, such provisions are the foundation of the single market.] 5/

It's OUT! The first #Brexit Briefing of 2021...which explores how unrealistic some industry expectations are about 'fixes' to the current deal, now the penny is dropping about what it means for supply chains and UK position vis-a-vis EU

So take the example this week, where the @Foodanddrinkfed raised the issue that UK-hubs for food and drink were "unworkable" since goods that came in from the EU were attracting full tariffs when the were spun back into Ireland or other EU members /2



They were backed by other EU associations - and both said they would lobby UK govt and @EU_Commission to 'fix' what they presumed was an "unintended consequence" of the deal....except that both EU officials and UK govt have basically shrugged. The deal is the deal. /3

@EU_Commission This is in no way confined to food industry - clothes and retailers are also hard-hit.

But lots of industry has wrongly bet that 'common sense' and 'self interest' would prevail once the nasty negotiations phase was out the way...but that's not the signal being sent. /4

As one EU official puts it: “You can’t expect the UK to remain the food import hub for the EU. It’s not sustainable, and makes no sense in the mid-to-longer run." And that applies to financial services, clothing, retail goods....a bureaucratic curtain has descended. /4

Scoop...Britain faces dearer electricity and occasional black-outs if it bans EU fishing boats from its waters after 2026. This de facto power over the UK power market is handed to the EU in the post-Brexit deal which MP’s will wave almost unread through parliament today. 1/10

The trade deal enshrines a link between continued EU access to British waters and UK frictionless access to the EU power grid and gas network. This has scarcely been noticed though it was mentioned and brushed aside by last night’s statement by the ultra-Brexiteer ERG. 2/10

The link – drawn to my attention by a senior EU source – is spelled out in dates, not words. The fisheries part of the deal grants EU boats continued access with a 25% cut in quotas over five and a half years until 30 June 2026. After that there are “annual negotiations” 3/10

The energy part of the agreement allows the UK virtually unchanged access to the continental electricity and gas markets. But that expires on exactly the same date as the fish deal - 30 June, 2026. After that (guess what?) there are “annual negotiations". 4/10

Coincidence? Not at all, my source says. The link is “more than implicit”. The energy deal “ends by default” unless both sides agree to extend it.
If the UK bans, or severely restricts, EU boats in British waters from June 30, 2026….easy access to EU energy will also end. 5/10

It's been another torrid week at the border - inundated customs agents, goods stuck for days, companies buckling under the paperwork 1/ https://t.co/2A301guhB6 w/ @lizzzburden

Take Branimir Vuckovic, 45, who runs goods between the U.K. and EU. He spent this week stuck in Kent because he couldn't find a customs broker to do his Brexit paperwork. Even with traffic levels below normal, the system is being overwhelmed 2/

The government has admitted this problem itself. On a Q&A with businesses on Thursday, Heather Jones from the Border Delivery Group said: `We are starting to realize that customs agents’ capacity and capability is being extremely stretched' 3/ 🚨

Eddie Maybank, an independent customs broker, says he's been having a breakdown. He's forwarding inbound queries on to other agents in Dover, but they've told him to stop. `I’m inundated, and so is everyone else,' he said 4/

UK-Ireland trade has been badly affected, particularly food shipments. Stephen McAneney of Allied Fleet Services in NI said he saw consignments of potatoes, apples and cream being destroyed at ports because they lacked the right documents 5/

Prof Valsamis Mitsilegas tells NI committee that the agreement on JHA is dynamic, as EU values UK inputs, and EU law will evolve over time, and value of system to UK will mean adaptation

Prof Steve Peers of Esssex Uni. Tells NI cttee that deal keeps 3/4 of previous arrangement, missing quarter is SIS II and some other capabilities in data exchange. Says quite a lot has been preserved by two sides, esp compared to no deal situation

Simon Hoare MP - is the deal adequate to challenge of policing NI, and IRL: Dr Gemma Davies (Northumbria law school). Says Data Protection issues v complex, PSNI/AGS co-operation might be better facilitated by specific agreement (not going beyond EU agreement, but clarifying)

Colin Murray tells NI cttee that Norway/Iceland extradition arrangements with EU put in place 10 years ago, now working in ways comparable to EU arrest warrant. Operational issues get easier to fix over time.

Colin Murray says there are break clauses in the TCA, and the police element could break down in a relatively short period (in theory).