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People of Europe, Look to Brexit Britain!

26 Sep

Back at the time of the Brexit referendum, we were told that the EU is horrendously flawed (democratic deficit, Eurozone crisis, Fortress EU drowning refugee children in the Med), but that we have no choice but to vote for it, because it is the only thing constraining the peoples of Europe from unleashing their basic Fascist urges and sweeping away our nice social-democratic bits and pieces like workers’ rights and the welfare state.

But the brave voters voted for Brexit regardless, and, in the year since, Britain has seen pretty much the political opposite. The Right has been smashed. The BNP, Britain First and the EDL are scarcely to be seen, UKIP is crushed, the Tories are in government but disarray. The social-democratic Left is resurgent. Defying the long-term trend among social-democrat parties across the EU, Labour has bounced back from its decline, both in membership (it’s now the largest party in Western Europe) and its vote. Plus – that has been under the leadership of the Left of the party, blowing apart the decades of Blairite dogma that had been killing off faith in democratic politics, especially among the young.

What about Europe?

The big French and German elections this year have seen exactly what the EU allegedly prevents. Social-democrat parties in decline (just 6% for the French Socialist candidate!) and far-right populism surging: France’s National Front in second place, Alternative für Deutschland in third, gaining seats in the Bundestag for the first time.

And this is the big trend across EU member-states – social-democratic parties dying; right-wing populism surging. The Dutch Labour Party’s vote plummeted by nearly 20% this year. A far-right candidate very nearly became President of Austria the year before. Right-wing xenophobic types are in power in Poland and Hungary.

Obviously, EU technocracy isn’t the solution to populism, it’s the cause. They feed each other. Distant, unaccountable, they’re-all-the-same, technocratic politicians alienate the voters, who go to populist parties to cast protest votes. This scares the technocrats, who become more convinced that the voters are basically fascists, and so retreat further into the technocratic state away from the reach of democracy. Which then further alienates the voters. It’s a vicious circle.

Britain voted to leave the EU – necessary, though not sufficient, for breaking the vicious technocracy-populism circle. Far from being a triumph for the populist Right, it has been a humiliation. UKIP is disintegrating at the loss of its single issue, and the Tory Brexiteer Right are being very publicly humiliated for their lack of leadership and the hollowness of their political vision. Meanwhile Labour, even under the leadership of a dim beardy CND leftie, is looking like the next government.

So I turn the warning around on the EU.

Want to save democracy and social-democratic policies from right-wing populism?

Then you must follow Britain’s lead and exit the EU.

 

James Aber

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Macron’s European Trap

11 May

This article was originally published on the Cambridge University website.

By any account, the French presidential election that ended last Sunday was extraordinary. The run-off in the second round was between two political ‘outsiders’: Marine Le Pen and Emmanuel Macron. In the first round, the mainstream left and right candidates came fifth and third respectively, with the far left Jean-Luc Mélenchon coming in way ahead of the Socialist Party candidate, Benoît Hamon. Many voters only decided late on who they would vote for, making this one of the most volatile elections on record.

The scandals affecting the centre-right candidate, François Fillon, overshadowed the campaign and relegated debates about political programmes into second place. In the run-up to last Sunday’s second round vote, a fierce argument raged – especially on the left – about the rights and wrongs of abstaining or spoiling one’s ballot paper. Political celebrities – such as the Greek Yanis Varoufakis – weighed in, urging French doubters to vote for Macron because “he is all that stands in between France and the fascism of Marine Le Pen”.

In the end, one in four of registered voters either stayed away last Sunday or spoilt their ballot paper.  What prevailed in the second round was the logic of lesser evil – voting for a candidate that is ‘not as bad’ as another – which goes some way to explaining the sombre tone of Macron’s victory speech on Sunday night at the Louvre in Paris.

For all the novelty, Macron’s election victory points to one important continuity: France’s complicated relationship with the rest of the European Union and its place within the Eurozone. When François Hollande was campaigning for the French presidency in 2012, it was the height of the Eurozone crisis with jobless figures reaching record levels and France’s economy in deep trouble. Aware of the opposition to austerity policies within France, Hollande promised to take-on the German government. He would discuss “firmly and amicably” with Ms Merkel and impress upon her the need for a new ‘growth pact’ for the Eurozone. His growth pact included proposals for Eurobonds to finance infrastructure spending and a transactions tax to fund development programs. His efforts came to nothing and the idea of a “growth pact” disappeared without a trace.

Something similar is happening today. Last Monday, a day after the French election, German Chancellor Angela Merkel gave a speech where she insisted that Macron’s victory would not change German policy in Europe. The German position is clear: France must reform its economy first, and bring its budget deficits well within the Eurozone’s rules, before there is any discussion on Eurozone reform. Even then, it is very unlikely that anything that was contained in Macron’s programme – creation of a Eurozone parliament, a Eurozone budget and a Eurozone finance minister – will see the light of day. Such changes would require treaty reform that national governments say is out of the question. Referendums have left European governments so bruised that they are unwilling to risk putting treaty changes to the vote.

There is an irony here. Macron has been an openly pro-European candidate, regularly waving the European flag and taking the Ode to Joy – the EU’s ‘anthem’ – as his own campaign song. And yet, this very pro-Europeanism is what will most constrain a Macron presidency. Most likely as a first step is that Macron will be pushed into cutting budgets and reforming labour markets, doing so possibly by decree given the history of opposition to such measures. In exchange, he may get some mild reforms of the functioning of the Eurozone but ones that fall short of any need for ratification through referendum or by national parliaments. This outcome may be part of Macron’s strategy, where the rigidity of the Eurozone’s rules is used as a means of pushing economy reforms onto France. Either way, the bigger difficulties, to do with structural imbalances of the Eurozone, will remain untouched.

A problem Macron never has confronted is that his promises to transform France’s national growth model are made within a context where Eurozone membership which makes such a change almost impossible. Macron’s election was extraordinary in many respects but his experience of life inside the Eurozone is likely to be rather more run of the mill.

Chris Bickerton

France’s anti-system election

21 Apr

This article was originally published in Juncture, the journal published by the Institute for Public Policy Research. This article was published in the spring issue of 2017 (Volume 23, Issue 4).

 

On the 22nd January 2012, the then Socialist Party candidate for the presidential elections in France, François Hollande, delivered what many believe was his election-winning speech. Speaking from a venue in Seine St Denis, a poor urban conurbation north of Paris given an edgy chic in the late 1990s by the French rap group, Nique Ta Mère (F*#* Your Mother), Hollande lurched to the left. “My real enemy is finance” declared a politician considered generally to be on the right of the Socialist Party.

Hollande’s speech that evening cemented his journey towards the French presidency. However, in a curious book published last year under the title of A President Should Not Say That, Hollande recounts how the speech was so nearly derailed by a shoe thrown at him by one of the thousands of people crowded into the hall.[1] The shoe landed in front of him and slid towards his lectern. The television cameras missed it and the incident was not picked up by the press. Had it hit me, remarks Hollande, I would probably have lost the presidential election.

This story captures in a dramatic fashion the fragility that has come to characterize mainstream political figures in France. With their popularity always in the balance, politicians feel as if they are stepping on egg shells. This is why they hide behind empty slogans and stock phrases, derision and opprobrium never very far away. Hollande’s presidency always had a quality of the improbable about it. His victory owed more to the strength of anti-Sarkozy feeling than support for his own program. The more leftwing elements of this program – such as the proposal to tax at 75% earnings over a million Euros – were gimmicks, conjured up on the hoof by his closest advisers and quietly shelved after Hollande’s victory. Though Nicolas Sarkozy’s win in 2007 had much greater momentum than Hollande’s in 2012, a similar dynamic was at work. Sarkozy chose to celebrate at a notoriously swanky Parisian restaurant on the Champs Elysée, Le Fouquet’s, and then to holiday off the coast of Malta on a yacht owned by Vincent Bolloré, one of France’s wealthiest industrialists and close friend of the newly-elected president. Throughout his presidency, Sarkozy was never able to shake-off the impression that he was obsessed with money. The soubriquet, ‘le Président bling-bling’, stuck with him throughout his five years in office.

The weak authority of France’s political class did not develop overnight and the causes are many. One is the drifting away of parties from their traditional social base. The French Socialists, for example, pretend to stand for the country’s blue collar workers but they have long been an urban, bourgeois and middle class party. The very idea of an identifiable social base has been challenged by deindustrialization and the emergence of chronic unemployment amongst French youth. Whereas in Britain supporters of the UK Independence Party have typically been retired ex-Conservative voters, in France a core part of the National Front’s vote today comes from the young. The political divide between rural and urban voters, softened greatly by the ‘Golden Age’ of French capitalism in the 1950s and 1960s, has opened up once again with National Front supporters concentrated in rural and semi-rural areas.[2] Even for the National Front, however, there is no real core vote: since 2002 its support has undergone multiple changes including feminization, proletarianisation and secularization.

There has also been a waning of the ideologies that once underpinned the left and the right in France. Mitterrand’s embrace of the European Single Act in the mid-1980s put an end to the left’s hostility to the market but without proposing any new ideology or vision for the left. The French right has conventionally been viewed through the lens of the French Revolution and associated with three different traditions – counter-revolutionary, liberal and Bonapartist.[3] However useful that may have been to understand the likes of de Gaulle or Giscard d’Estaing, it does little to explain the appeal of Marine Le Pen whose recent electoral gains have been concentrated in communities that traditionally voted on the left. And as commentators have remarked, François Fillon’s campaign is an odd collection of all of these right-wing traditions, without capturing any in particular.[4]

The weakness of the political mainstream has become a structuring element of French political life. Without an identifiable social base or any coherent set of ideas, mainstream parties are adrift from society and fail to command much authority, At this point in a presidential election, a duel should emerge between the candidates of the left and the right: Mitterrand/Chirac, Chirac/Jospin[5], Sarkozy/Royal, Hollande/Sarkozy. In 2002, the failure of the Socialist candidate, Lionel Jospin, to get into the second round run-off was an electoral earthquake and experienced as such. No such duel is looking likely in this election. The two candidates leading in the polls are campaigning on a platform of ‘neither left nor right’ (Marine Le Pen) and ‘both left and right’ (Emmanuel Macron).

Of these two candidates, the most enigmatic is Macron. A relative newcomer to French politics, and someone who has never held elected office, Macron has become a darling of the French media. He represents the acceptable face of anti-system politics: young, progressive and pro-European. He has even been cited by those despairing about Brexit and Donald Trump as the savior of the global liberal order.

This desire for something new has been present for some time in France. In the 2007 campaign, Ségolène Royal – the Socialist Party candidate who was snubbed and maligned by the party’s chauvinist elite – established her own movement, Desirs d’Avenir. This went nowhere after Royal’s defeat but Macron is picking up where she left off. Macron’s movement – En Marche – is mainly an electoral platform but is part of the splintering and fragmentation of political organization in France seen also in its more radial cousin, the Nuit Debout movement that filled the Place de la République in Paris for a few months last year.  Macron’s main weakness is his program: after weeks of grandiose speeches but no real policies, En Marche has gone into policy overdrive, churning out endless proposals that seem disjointed and ad hoc.

If Macron is a revolutionary in search of an idea, Marine Le Pen is quite the opposite. The ideas are there and some of them have not changed much since the party was first founded by her father, Jean-Marie, in 1972. The National Front’s program is an arduous read made up of 144 propositions that cover most aspects of public life. Whilst Le Pen has been a vocal defender of ‘Frexit’ – France’s exit from the European Union – her program states that France will seek to renegotiate its place in the EU and then put the results of this renegotiation to a popular vote, much the same approach taken by former British Prime Minister David Cameron. In contrast to Macron, Le Pen is in many ways the quintessential political ‘insider’; she is, after all, running a party set up by her father. Her challenge to the system is in part ideological: she vituperates the political establishment for having given up on ‘the people’ and opposes her nationalist solutions to the ‘globalist’ policies which she believes have failed France.  Le Pen is also threatening to disrupt one of the only unifying forces of French politics that remain: the desire to keep the National Front out of power. This goal has contained the powerful disintegrative tendencies at the heart of French political life, at least until today.

Anti-system candidates are currently leading in France’s presidential campaign. There will be some who welcome Macron as a centrist and a unifier, as many did with Alexander Van der Bellen’s victory in Austria’s presidential election late last year. This misses how much of an outsider Macron is, and how unconventional and unexpected his victory would be for the politics of the Fifth Republic. Macron may yet fall into third or fourth place as his competitors pile on the pressure but at present he is neck-and-neck with François Fillon for the coveted second place in the first round ballot.

A Macron victory, just like a Le Pen victory, would represent the collapse of the political mainstream in France and its traditional system of parties. It is unlikely that French politics would revert back to its traditional patterns and rituals. François Hollande was saved in 2012 by the few meters that separated his lectern from the shoe that was thrown at him. Mainstream candidates may not be as lucky in 2017.

Chris Bickerton

[1] Gérard Davet and Fabrice Lhomme (2016) Un Président ne devrait pas dire ca… (Paris: Stock) p18.

[2] Pascal Perrineau (2014) La France Au Front (Paris: Fayard) p38.

[3] Rene Remond (1982) Les Droites en France (Paris: Aubier-Montaigne)

[4] ‘Le discours de François Fillon à la loupe’, Le Monde, 16 December 2016.

[5] For the Chirac/Jospin run off in 1995, Chirac’s place in the second round was a surprise as the candidate on the right expected to get through was Edouard Balladur. However, what was not in doubt was that there would be a left/right run off in the second round.

Give them British citizenship!

4 Mar

The British government is not treating EU citizens resident in the UK as a bargaining chip in the negotiations with the EU. On the contrary, it is the EU that is treating those citizens, and British citizens resident in Europe, in this way. Theresa May has already sought a deal allowing EU citizens resident in the UK to remain here following Brexit, if EU governments will do the same for British citizens in their countries. EU leaders have refused to make any agreement until Article 50 has been invoked and its secretive negotiation process has begun.

The UK government should respond to this with a very public message that it is committed to the rights of those who live here. It should unilaterally declare that EU citizens have a right to remain in the UK after Brexit, and urge European governments to reciprocate. Indeed the British government should go further. It should make a point of inviting those EU citizens to become British citizens, and reduce the significant barriers to them doing so that exist at the moment.

The Prime Minister is not wrong to insist that she must put the interests of British citizens first. And EU governments may refuse to reciprocate. In Greece those governments have demonstrated that their attitude to European citizens can be almost as vicious as their treatment of African and Asian migrants. But the significant costs that might be caused by EU intransigence on the rights of British citizens abroad will be far outweighed by the long-term benefits to all British citizens.  We would be citizens of a state that has the confidence both to insist on its accountability to its own people (its democratic political sovereignty) and its openness to others (its internationalism). Such a state would earn worldwide respect from many millions of ambitious, talented and public-spirited individuals who are crying out for a break with the stale politics of the past. That would be an asset beyond price.

Opinion poll evidence suggests that there is overwhelming popular support in Britain for allowing EU citizens to remain in the UK after Brexit. A huge opportunity exists here for Theresa May really to lead the world. There is, of course, no evidence that she has either the political imagination or courage to take the opportunity – her long tenure as Home Secretary suggests the opposite. Only those committed to an internationalist politics of sovereignty are likely to be willing.

Peter Ramsay

 

 

 

 

 

The EU Has Migrant Blood on its Hands

1 Mar

Perhaps the most ludicrous claim made in defence of the European Union is that it is a bastion of cosmopolitanism and anti-racism, while all those opposed to the EU – like Brexit voters – are xenophobes and racists. The EU’s bloody borders give the lie to this cherished myth.

The EU’s cosmopolitanism rests on its supposed provision of “open borders”. But, like the classic national welfare state, this perk is selective: its existence rests on the exclusion of “outsiders”. Notwithstanding temporary “brakes”, EU citizens can move and work freely in EU countries. But EU “cosmopolitanism” is strictly for European citizens, not for people from Africa or Asia. Non-EU citizens face a wall of steel in trying to migrate into Europe.

This “Fortress Europe” approach is nothing new. Before the Arab Spring, the EU had cozied up to numerous North African dictators under its “neighbourhood” programme, bolstering their states’ capacities to interdict Arab and sub-Saharan African migrants headed through their territories for Europe. Libya’s Gadhafi regime was a leading EU partner. Italy pledged to pay the regime €5bn in 2008 to deal with “asylum seekers”, and in 2010 the European Commission gave Gadhafi €50m. In exchange, Libya organised joint naval patrols with Italy, accepted thousands of migrants intercepted by Italy, outlawed irregular migration, suppressed smuggling networks, and built a massive carceral system to intercept and deport migrants. The system was regularly denounced by Amnesty International and others, who noted that ‘rape, violence and torture were common’ in Libyan detention centres.

This was part of the gradual rescaling of European governance beyond the nation-state and even beyond the European region. Like other xenophobic Western polities – such as Australia and the United States – the EU essentially shifted its border management functions offshore. In Europe’s case, it has outsourced enforcement to vicious regimes that had not even ratified the United Nations Convention on Refugees.

This system was plunged into chaos following the Arab Spring, and this – coupled with disastrous Western intervention in Libya, the Middle East and Afghanistan – has led to what Europeans now call the “migrant crisis”.

Since then, however, EU officials have been painstakingly rebuilding this cordon sanitaire. In March 2016, the EU struck a deal with the increasingly despotic Turkish government whereby irregular migrants in or en route to Greece would be deported to Turkey for “processing” – in exchange, of course, for various economic concessions. This deal is explicitly aimed at ensuring zero new arrivals in the EU – a policy goal that Marine Le Pen or Geert Wilders could have set. Unsurprisingly, just 8 percent of EU commitments for the resettlement of refugees have been met. EU officials have also been quietly rebuilding ties with North African governments and building their capacity to interdict migrants. Members of the European Parliament have noted the diversion of funds in the EU’s €2.5bn Africa Trust fund towards anti-migration projects.

This has been coupled with the deployment of hard military force. Barbed wire fences, abusive border guards and right-wing vigilantes have been deployed along the EU’s eastern land borders. In the Mediterranean, the EU has launched Operation Sophia, a naval force that tries to suppress irregular migration networks (“people traffickers”), as well as training Libyan forces in controlling migration. Perversely, for an operation designed to deter migrants from even trying to reach Europe, Sophia is named for a baby born to Somalian migrants rescued at sea in 2015, reflecting the thin humanitarian cloak draped over this naked use of force. The mask slipped this week as the EU’s borders chief openly attacked NGOs for rescuing migrants at sea and failing to cooperate with EU security forces.

Unsurprisingly, the atrocious conditions found in Libyan and other prisons before 2011 are now recurring across North Africa. In Sudan, which was allocated €100m in migration-related EU aid in April 2016, dozens of Ethiopian and Eritrean refugees have been lashed, fined and deported. In Libya, government- and militia-run detention centres for migrants have been described by UNICEF as “living hellholes” where women and children are “beaten, raped and starved”, while border forces routinely abuse and extort migrants. Abuse is also reportedly widespread in Europe’s own migrant camps in Germany, Italy, Greece and elsewhere.

And what is the “cosmopolitan” EU’s response to such reports? The president of the European parliament, and Austria’s foreign minister, called for mass camps to be established in North Africa to intern migrants. Germany’s foreign minister rejected the proposal – but only because the (NATO-induced) chaos in Libya makes it “unrealistic”.

United Nations experts state that inhuman conditions in Libya are driving more migrants to attempt the risky sea crossing to Europe. The International Organisation for Migration states that migrant deaths on the Libya-Italy crossing from January to February this year are up 300 percent on 2016, to 326. At least 5,082 died crossing the Mediterranean last year.

Nonetheless, the EU’s brutal policies seem to be bearing fruit. Irregular migrant arrivals in the EU have fallen from 1.05m in 2015, to 387,739 in 2016, and arrivals in early 2017 are also dramatically lower than for the same period last year: 13,924 versus 105,427. These are the sort of figures the “cosmopolitan” EU touts as a “success”.

Inhuman attitudes towards refugees and economic migrants did not begin with, and were not caused by, Britain’s EU referendum. They are rife across Europe, following decades of economic decline and mainstream politicians of every stripe pandering to racist and anti-immigration sentiment, instead of confronting it. These attitudes are now at the heart of the EU’s migration policy. The human cost should shock the conscience of any cosmopolitan.

Restoring representative democracy at the national level, as TCM advocates, will not solve these problems overnight, but it will create an opportunity to do so. Making national political elites accountable to their own electorates again would make it far harder for them to outsource control over migration policy to remote supranational agencies, which then subcontract vicious regimes outside Europe. Moreover, this outsourcing of migration control has led people in Europe to see immigration as something “done to them” by the EU, as if it were an external, supranational force, not simply the consequence of their own political elites’ retreat from democratic engagement. If immigration controls are restored to national parliaments, we can have honest national debates about the appropriate policy to pursue, and we would then own those policies and their consequences – we would have no one else to blame. None of that guarantees a progressive or humane policy; but, crucially, nor does remaining within the EU, whose record is dire. The case for an internationalist migration policy must be made, and won. It is only by winning popular consent that we can ever hope to begin relating to migrants as what they are – our fellow human beings.

Lee Jones

Future posts on TCM will take up this theme and explore how a restoration of national sovereignty can be combined with a progressive and internationalist agenda.

The High Court Undermines Parliamentary Sovereignty

6 Nov

On 3 November, the High Court of England and Wales ruled that parliament, not the government, has the power to invoke Article 50 and trigger the UK’s departure from the European Union. This has generated glee from Remainers, and a bitter and sometimes ugly backlash from Brexiters. While the ruling is unlikely to lead to Brexit being thwarted, it is certainly a blow to democracy, one that illustrates the deep crisis of political representation that afflicts the UK.

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The ruling: undermining parliamentary sovereignty

Much Brexiter outrage focuses on the fact that three unelected judges are seen to be thwarting the democratic will of 17.4 million voters. Indeed, the Remainers who brought this case were not motivated by democratic impulses. They know that three-quarters of current Members of Parliament (MPs) are Remainers. By shifting control over Article 50 to parliament, their hope is that MPs will block Brexit, by overturning the referendum result of 23 June or, failing that, by kicking Brexit into the long grass.

The central question in the case was who has the right to repeal the legal rights and duties associated with EU membership that will necessarily follow from invoking Article 50 of the Lisbon Treaty. In the UK’s constitution the conduct of foreign relations, particularly the (un)making of treaties, is a matter for the ‘Crown’, whose ‘prerogative’ is exercised by the executive branch; hence, the government argued that it had the right to invoke Article 50. Remainers argued that the EU treaties are special because EU laws enacted under those treaties directly affect the rights and obligations of British citizens. Since the civil wars of the seventeenth century, only parliament has had the constitutional authority to repeal laws or make new law. Invoking Article 50 would lead to withdrawal from the EU and this will effectively repeal a wide range of laws giving British citizens various rights and obligations. Therefore, the Remainers argued, only the (the overwhelmingly Remainer) parliament has the constitutional authority to set that process in motion.

The judges sided with parliament – which may appear to be a victory for democracy. But considered in its political context, the judges’ legal argument actually subverts the democratic content of parliamentary sovereignty.

To begin with, what Remainers are ultimately in favour of is not the restoration of parliamentary sovereignty over the powers of the executive but remaining within the EU, and remaining within the EU necessitates parliament relinquishing a considerable part of its power to make law to the executive. The European Communities Act 1972 automatically enacts EU law as UK law, without requiring parliament to pass any further statutes each time EU law changes. UK ministers contribute to making EU law through their activity in the European institutions. The power that ministers are exercising when they make those EU laws is nothing other than the Crown’s prerogative to conduct international relations. The result is that Remainers who loudly claim to be upholding the sovereignty of parliament against Theresa May’s reliance on the prerogative are the same people who want parliament to continue to surrender a significant part of its law-making powers to the Crown in the form of EU law-making.

If the prime minister did use prerogative powers to implement Article 50, this would not involve the Crown taking powers away from parliament. Parliament asked the British people in the referendum whether we wanted to retain the rights associated with EU membership, and a majority voted not to. If the government invokes Article 50, it would simply be implementing a democratic decision called for by parliament itself. Moreover the government has pledged to maintain all of the legal rights and duties in domestic law that arise from EU law, allowing parliament to retain, repeal or amend them after Brexit.

Parliamentary sovereignty is threatened far more by the legal ruling than it is by Theresa May. The judges’ insistence that parliament’s sovereignty requires parliament to make the decision on Article 50 pretends that the decision has not already been made by the people that parliament is supposed to represent. The judges’ ruling therefore opposes parliamentary sovereignty to popular sovereignty. The political authority of parliament ultimately derives solely from the extent to which it represents the people. By encouraging and empowering our political representatives to set themselves against the majority decision, the ruling has the effect of undermining the true sovereignty of parliament in the name of upholding it.

The crisis of representation

The ruling underscores the deep crisis of political representation in Britain. Theresa May’s reluctance to hand the authority over Article 50 to parliament is not simply because she thinks ‘revealing our hand’ is a bad negotiating tactic. It is because she cannot trust the predominantly Remainer MPs to accept the referendum result, and can foresee disaster should they refuse to do so. A large majority of the public backed May on this, suggesting that they, too, do not trust MPs to represent them. The same sentiment is conveyed by the shrill Leaver reaction to the court’s judgement.

This is not a ‘constitutional crisis’, as some are saying; it is a crisis of political representation, expressing the disconnection of the political elite from the electorate. Parliament has been exposed as highly unrepresentative: 74% of them – and every political party bar UKIP and the Ulster Unionist parties – backed Remain, versus just 48% of the voters. Many MPs have openly expressed a desire to frustrate the outcome. This creates a situation where it is the executive branch that more accurately represents popular sentiment by pledging that ‘Brexit means Brexit’.

This is hugely problematic precisely because, as TCM has repeatedly argued, open debate and participatory democratic processes are now vital to determine what Brexit actually means in practice. The majority of people favoured leaving the EU, thereby authorising the government to change the law accordingly, including by repealing rights associated with EU membership. Nevertheless, the exact nature of Brexit was never defined during the campaign; no one can seriously argue Leave voters endorsed any particular option.

From the democratic point of view, it would be good to have as wide a political debate on this question as possible. The Brexit negotiations are not a matter for secret diplomacy, still less are they a poker game. The terms of Britain’s departure concerns us all. If Brexit is going to restore representative democracy, and strengthen parliamentary sovereignty, then the process should begin with collective political debate on defining what Brexit means. This involves representing the interests of both Leavers and Remainers. The referendum produced a clear result, but 16 million people still voted to Remain. They must accept that they lost on the fundamental question of EU membership, but are fully entitled to have their concerns and interests reflected in discussions on the nature of Britain’s departure.

However, the crisis of representation is such that, although parliament should be making decisions on the form of Brexit, it is unrepresentative with respect to Brexit itself, and therefore ought not to be given a veto over Britain’s departure from the EU – which is what giving MPs a final say over Article 50 does.

The real threat to parliamentary sovereignty arises from legislators’ continuing willingness to hold Brexit hostage, which is only encouraged by the High Court’s judgement. If MPs really respected the true basis of parliamentary sovereignty – the will of the electorate – they would stop blackmailing the electorate. They would unambiguously commit themselves to respecting the referendum result and leave invoking Article 50 to the executive. They would confine themselves to debating how best to implement the judgement of those who give them their authority. As long as they refuse to do this, too many electors will not trust them to be involved and the government can correctly stake a greater claim to true representativeness and to the political authority to keep the negotiations secretive.

Will the judgement foil Brexit?

Despite Leaver anxiety, the simmering mutual antipathy between the Leave majority in the electorate and the Remain majority in parliament will probably keep the UK on course to leave the EU. Work to model the EU referendum results at constituency level shows that 421 out of 574 English and Welsh constituencies probably voted Leave, and 270 definitely did, while only 152 constituencies probably voted Remain, while only 76 definitely did so. If MPs defy the referendum result, they would face an enormous backlash and many could lose their seats.

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Theresa May understands this – which is why she has doubled down on Brexit, reiterating her intention to invoke Article 50 by March. Many Remainer MPs too are hearing the electoral message, and now say that parliament’s role is to scrutinise the government’s negotiating position and ensure that Britain pursues an approach that protects British interests – from their perspective, staying in the single market. Following the ruling the Labour Party leadership has reiterated that Labour will not block Article 50, but will just ‘fight for a Brexit that works for Britain’. True, some MPs are still clinging to the idea of a second referendum on the final deal, but for reasons we have outlined previously, that is both politically unacceptable and impractical, making it very unlikely to fly in the Commons. The betrayal of the referendum result is therefore technically enabled by the High Court’s judgement, but remains politically unlikely.

If it does happen, the consequences will be unpredictable. One possibility is that Leave voters will rebel against their turncoat MPs, forcing their deselection or defecting to other parties – possibly reviving the disintegrating shambles that is now UKIP. While this revival would be a regrettable result of Remainer intransigence, it would at least have the positive outcome of disciplining the people’s representatives, showing them that they cannot continually defy the voters’ will. That might actually strengthen representative democracy. However, another possibility is that parliament’s frustration of the referendum result deepens popular cynicism towards the electoral system and the elitist Remainer parties populating it. The electorate will then increasingly look for solutions that attack and circumvent this system, making them prey to extremist populist appeals.

Although Remain MPs appear to be seeing sense, the possibility that parliament might frustrate the majority decision in the referendum is still a greater threat to democracy than giving the executive wide discretion to interpret the result, undesirable as that is.

The Supreme Court may yet dig parliament out of the mess it has got itself into by finding a way to reverse the High Court ruling when the government appeals in December, though it would be unwise to set too much store by the judges’ democratic instincts. The highly personalised attacks on the High Court judges in the Brexit-supporting media are no doubt intended to intimidate the Supreme Court. If the court does not overturn the ruling, a general election may be the only solution. Whatever the final result of the legal proceedings, parliament is at a crossroads. MPs can choose to undermine democracy further by continuing to delay or frustrate the implementation of the majority’s decision. Or they can participate in the renewal of democracy by giving up their claim to have a right to do so.

Lee Jones and Peter Ramsay

Hard v soft: misrepresenting Brexit

19 Oct

Over the last few months the debate over Brexit has begun to change shape, and with it, a slow reshuffling of political alignments has taken place. Concerned about the crude xenophobic and nativist policies that were floated at the Tory party conference in September, both liberal Leavers and Remainers have been looking to forge alliances in order to help ensure they can fight for an open economy and a cosmopolitan society in the aftermath of Brexit. Since the ‘flash crash’ of pound sterling, the debate over whether Brexit will be ‘hard’ or ‘soft’ has come to the fore, even as the pound’s declining value has been taken as vindication of Remainers’ predictions over the economic damage that would result from a Leave vote. In the wake of such a major economic and political shock, it is important that we not restrict ourselves to the misleading binary option of ‘hard’ versus ‘soft’ Brexit. Here, much depends on how the European Union (EU) is understood.

First, with regards to freedom of movement, the distinction between hard and soft Brexit is misleading in so far as it associates freedom of movement with the single market. On TCM we have consistently argued for open borders and against the EU for its punitive and murderous external border controls. The EU’s freedom of movement has been anything but soft on those many Africans and Asians seeking to escape dictatorship, poverty and war. ‘Soft’ Brexit should not therefore be associated with free movement of peoples or indeed an open economy. Conversely, there is no reason in principle that a decisive and thorough-going break with the EU could not be compatible with open borders either: open to EU citizens and to everyone else, too.

Second, the assumption that things will be economically ‘softer’ by remaining tightly bound to the EU and the single market is based on the untenable assumptions of ceteris paribus – of everything else being held constant, as if the Eurozone economy can be kept on life-support forever. The fragmentation of the Eurozone cannot be indefinitely postponed. Brexit has become a convenient scapegoat for the ills afflicting the Western world, but any honest Remainer must know that the challenges to the EU project run much deeper, reverberating from structural contradictions at the core of the project. The hand-wringing over the crash in sterling is premised on the UK as a gateway to European markets and the Eurozone, drawing in investments that resulted in the overvalued pound, which in turn helped to disguise underlying problems of the UK economy, such as its stagnant productivity. However much Remainers may gloat over the flash crash, the question remains: how is an overvalued currency an argument for soft Brexit, or for Remain?

The British electorate have not voted to leave the EU in the midst of a booming global economy, or to delink from an EU in its prime. The Eurozone is a disaster zone; those accusing Leave voters of ‘arson’ should look to those who ruined the Greek, Spanish and Portuguese economies. The EU is structurally malformed, lop-sided and riddled with contradictions. A vote for Remain was ultimately a bet on the long-term viability of the EU – and that is a proposition more delusional than even those Anglosphere nostalgics who become misty-eyed by the thought of trading with Australia. Whatever the medium- to long-term results of the devaluation in pound sterling, it needs to be said and said again that issues of democracy, sovereignty and self-determination cannot be reduced to an exercise in public accounting and currency fluctuations.

This takes us to the third and final point – the fact that the hard / soft dichotomy obscures the crucial political distinction. Remainers gloating over the financial markets’ curbing of British sovereignty miss the point. Sovereignty concerns the nature and location of political authority more than it concerns national power and prestige. The UK’s membership of the EU is a wholly different type of issue to its relationship with the single market. As we have argued on TCM, the EU evades popular sovereignty more than it restricts national sovereignty. The EU is not merely an association of nation-states that agree to restrict each other’s external choices for their mutual benefit. It is better understood as the institutional outgrowth of internal changes in each of its constituent states: this is the shift from nation-states to member-states. This transformation has seen the curbing of legislative oversight and the systematic exclusion of the public from political decision-making through cross-border elite cooperation. Popular sovereignty has been evaded for the administrative convenience of bureaucrats and executives.

Once this is understood, the debate over ‘hard’ versus ‘soft’ Brexit can be seen in a different light. If ‘soft Brexit’ entails accepting certain EU regulatory structures in order to retain access to the single market, then an external restriction on the country’s trading choices may be acceptable if – and only if – it is seen as economically beneficial by the electorate and their representatives. The issue is who gets to decide. The British as a sovereign people can democratically decide to recognise the limits of their power and make a choice to abide by rules made by others in order to trade successfully. This is a question of contingent costs and benefits – quite different from membership of the EU, which degraded the internal sovereignty of the British state in so far as it enabled the government to evade political accountability for law-making.

For decades, the British public and parliaments have not been consulted on the question of whether the costs of EU regulation are outweighed by the benefits. The Brexit vote appropriately restores their right to decide. If Brexit requires the British public rationally to adapt to a lesser place in the world, so much the better: the EU facilitated delusions of British global power and reach. What is most important, then, is that the legal and political supremacy of state institutions has been reaffirmed – and with it the possibility for greater democratic accountability and political responsiveness.

The stagnation of the global economy, the growth of geopolitical rivalries, the populist assault on elitist political systems around the world: all these indicate that a cycle of global order is crumbling away, and with it an era of technocratic liberalism incarnated in the European Union more than any other political system. Whether we welcome or mourn these changes, we need to recognise that neither US hegemony nor the Brussels’ bureaucracy could last forever; to deny this is simply to deny change itself.

Philip Cunliffe and Peter Ramsay

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