Raphael Hogarth @Raphael_Hogarth 25m
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I worry that all talk of a softer Brexit is coalescing around the EEA (the ‘Norway option’), which still seems politically implausible 1/
“82% voted to leave the single market” thing is tripe. Labour fudged it. BUT 82% voted for parties pledging to end free movement of ppl. 2/
To be clear: this doesn’t mean that proponents of keeping free mvt of ppl are undermining democracy, or any guff like that. 3/
But, imo, it does mean there are political constraints that make an EEA outcome unlikely. (Because EEA means free movement of people.) 4/
But EEA is not the only way of achieving a softer, less economically disruptive Brexit. Here are four others. 5/
First, stay in the customs union. Open Europe (despite the headline) said leaving CU =“permanent cost” of 1% GDP. 6/
[ openeurope.org.uk/today/blog/post-brexit-leaving-customs-union-no-brainer/ ]
Whatever the size of the cost, there is one. And crucially, nobody can see how to achieve a soft border in NI without staying in CU. 7/
Second, soften the line on “taking back control of our laws”. This is TOTALLY fundamental to market access, but everyone ignores it. 8/
The single market is not a club. It is a rulebook that removes barriers to trade. This from @fullfact is brilliant at illustrating how. 9/
If UK regulations are allowed to diverge from EU ones, trade will suffer. That’s even worse news for services than blackcurrant liqueur 10/
The government could say now: we will accept a legal obligation to keep pace with some sets of EU rules. That would soften Brexit. 11/
Third, relatedly, HMG could ditch its red line of “leaving jurisdiction of the ECJ”. Imo this could be the biggest barrier to a deal. 12/
If we promise to keep pace with any EU rules, the EU will want to know who makes sure we keep the promise. 13/
EU says disputes over this should be resolved in the ECJ. There may be other options – a new court, a different ct, arbitration etc. 14/
But EU has always said such bodies must follow ECJ case law anyway. Ditching the red line would make single mkt access, & a deal, easier 15/
Fourth, if there’s any possibility of ceding any sovereignty re immigration, then consider @GeorgePeretzQC's fascinating blog… 16/
…which is here. Summary: UK adopts liberal migration policy for EU citizens. UK is allowed to tighten it… 17/ [ medium.com/@GeorgePeretzQC/free-movement-single-market-a-way-of-squaring-the-circle-3711462a6748 FREE MOVEMENT/SINGLE MARKET: A WAY OF SQUARING THE CIRCLE? ]
…but accepts EU will withdraw market access in that case. Preserves the integrity of the single market, but returns some sovereignty. 18/
Maybe the EEA (Norway) option will gain steam and that’s where we’ll end up, in which case this stuff is largely irrelevant. 19/
But it’s not the only route to a softer Brexit. If it proves politically impossible, that doesn’t mean we must accept where we are now 20/20