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Brexit Discussion Thread VI

12357193

Comments

  • Registered Users, Registered Users 2 Posts: 14,166 ✭✭✭✭josip




    From a certain point of view the EU's position makes sense. Make life tough for countries leaving the EU thereby sending a message to others contemplating leaving.


    Why do you keep repeating this when it's not true?
    The EU doesn't make it tough.

    Leaving the EU is tough because you're giving up free access to a fantastic market.
    UK's choice, not ours.


  • Registered Users, Registered Users 2 Posts: 3,811 ✭✭✭joe40


    We don't want a hard border and the imposition of one certainly makes the GFA difficult. But the UK still have the right to leave the customs union in their entirity.

    Note that our position is not exaclty the same as the EU's.

    The EU's posiotn is
    1. If there is to be an agreement it must involve no hard border.

    Ireland position is:
    1. If there is to be an agreement it must involve no hard border.
    and 2. There must be an agreement.

    We have this second requirement that the EU does not. As I said in a prevous post, in order to put a little pressure on the EU we have said that we are not planning for a border in the event of no deal even though we are planning for other aspects of no deal brexit.

    Not sure I understand. How can Ireland insist on an agreement. If the Uk have not signed up to a WA by 29th March or postponed the exit then there will be no agreement. The Irish government can't stop that.

    It seems to me that a "time limited backstop" would placate the Tories. They don't seem to realise this is a contradiction in terms.
    A time limited guarantee is not a guarantee


  • Moderators, Politics Moderators Posts: 40,328 Mod ✭✭✭✭Seth Brundle


    I honestly don't know at this stage. But the solutions being offered on this forum all involve another country, the UK, doing something to our liking. Something like putting a different PM in charge or changing the ruling party. We forget sometimes that they are a different country with their own interests and objectives. You can't just install the PM that suits us. They are not Italy.
    I don't think we forget that we're a different country. In fact we're quite aware.
    However, whilst they are a different country with their own interests and objectives, when it comes to Brexit, these objectives have not been disclosed to their EU partners and neighbours.
    We will be directly affected by their choices. Those choices appear to be ill-informed and take no account of others (both within their own "kingdom" and other countries such as ourselves).
    Furthermore, they are actively trying to renege on the GFA which will concern them (but we shouldn't have to be telling them this).
    From a certain point of view the EU's position makes sense. Make life tough for countries leaving the EU thereby sending a message to others contemplating leaving. But this is not consistent with the view of the EU as a principled organisation.
    The EU isn't making anything tough. Both the EU and British negotiators have written up an agreement which May approves of. This is the least worst scenario that the UK can have by leaving the union.
    However, poor decision making coupled with in-fighting and indecisivness within Westminster led by an extremely poor leader has created a situation whereby the UK still can't agree on what they want.
    This has nothing to do with the EU. The EU have offered something to the UK government. They still haven't accepted or rejected it but want to renegotiate it.
    The British are currently of the view that they are being hard done by. they are but it is by their own government and media, not the EU!
    If there's no deal, then it may be the case that we in Ireland just have to accept our mistake.
    What mistake have we made?
    There's a lot of speculation on this forum about the UK political system, Corbyn, the hardline brexiters and so forth along the lines of "Yes, if there's no deal then maybe Corbyin will be ousted and then maybe there will be a general election and then maybe Labour will win and then maybe they will decide to rerun the referendum and then maybe remain will win and then maybe the UK will seek to rejoin the EU" etc. and so on and so forth.

    But if that is what it comes down to, then we need to realise that we've already lost and that Irish government policy with regard to Brexit was a mistake. Moreover, the EU will be able to claim that everything was done in accordance with Ireland's wishes and we should be grateful even though, in my view, the EU were using Ireland.

    That is what is left out on this forum I think: examination of our Government's statements and actions.
    The Irish government standing by a legally binding agreement on the peace within NI is a mistake?
    Are you for real?
    Our position for some time, as expressed by Coveney and Varadkar, is that Ireland expects a deal to be made and therefore are not making contingency plans for a hard border in Ireland. They are maintaining this position in order to put a bit of pressure on the EU to conclude a deal acceptable to the UK parliament. Another country in open defiance of the EU is not wanted in Brussels. I'm not sure this position will be sufficient but at least it is something.
    Coveney and Varadkar are hardly going to say that the British are likely to crash out. That hardly leads to constructive negotiations.
    As for a hard border, this will be something that may need to be created by all sides - the EU and the British to protect each others interests. However, we're not going to start building it, until we know that the UK finally allowed the clusterf*** to pass March 29th.
    Don't assume that there are no contingency plans being put in place though. Revenue aren't renowned for standing by and allowing relevant duties and taxes to go unpaid.
    https://www.independent.ie/irish-news/over-a-thousand-extra-full-time-customs-officers-to-be-hired-for-brexit-contingency-37132714.html


  • Registered Users, Registered Users 2 Posts: 2,338 ✭✭✭Bit cynical


    VinLieger wrote: »
    I dont even know where to begin with this rambling stream of unconciousness
    That is not acceptable. If yoiu have issues with what I am saying point them out. I have no interest in how you regard my style of writing.

    Coveney and Varadkar have been on record saying that they they were not planning foir a hard border in the event of no deal. They are planning for other issues like trade disruptions between Ireland and the UK as a whole but not for a hard border even though this is what no deal would entail.

    Why do you think they are saying that? Do you dispute that they are saying it?

    And try to answer without castigating my posting style.


  • Moderators, Sports Moderators Posts: 27,300 Mod ✭✭✭✭Podge_irl


    We don't want a hard border and the imposition of one certainly makes the GFA difficult. But the UK still have the right to leave the customs union in their entirity.

    Note that our position is not exaclty the same as the EU's.

    The EU's posiotn is
    1. If there is to be an agreement it must involve no hard border.

    Ireland position is:
    1. If there is to be an agreement it must involve no hard border.
    and 2. There must be an agreement.

    We have this second requirement that the EU does not. As I said in a prevous post, in order to put a little pressure on the EU we have said that we are not planning for a border in the event of no deal even though we are planning for other aspects of no deal brexit.

    No one is disputing their right to leave the customs union. There is a difference between not recognising their right to do it and simply pointing out the complications that are inherent in it.

    Nobody outside of a fringe minority wants a no-deal Brexit so I don't see what on earth you find so unusual about Ireland's position.

    The UK's "rights" are not being infringed upon. They can, essentially, do whatever they want. But it has consequences - these consequences exist one way or the other, but somehow pointing them out has been construed as creating them.


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,334 CMod ✭✭✭✭Nody


    However what the EU is saying to one of its departing members is that leaving the customs union is unacceptable to the EU and no further negotiations are possible since leaving the customs union can't be done without leaving a hard border (or splitting the country in some way that moves the customs border within the state).
    No, what EU is saying is IF you want to keep trading with us on more favorable terms as a third party country you need to comply with A, B and C. Leaving the CU and EU was done with a single handwritten letter by Mrs May already. That was all it took to leave; now if UK wants more than third party WTO terms (which they stated before leaving they expected) then yes EU will put up additional requirements.

    That's the part that is very important to keep separate here. Leaving EU and CU? One letter from the leader of the country. That's it, you're leaving and gone in two years time.

    Getting access to various EU organizations, funds, projects, special access to market, free trade, movement, favorable trade deal to avoid complete crash out for your country etc. = You negotiate with EU and EU has the full flush against your pair of twos and EU will dictate the requirements and you get to bow and accept them basically. That simply comes from the difference in power and need from each side in the negotiation and applies the same way if they negotiate with USA or China.


  • Registered Users, Registered Users 2 Posts: 5,758 ✭✭✭Laois_Man


    Still today May says "further clarity" possible from EU on Irish border backstop!

    How has she not bored herself to death by now?


  • Registered Users, Registered Users 2 Posts: 18,306 ✭✭✭✭VinLieger


    That is not acceptable. If yoiu have issues with what I am saying point them out. I have no interest in how you regard my style of writing.

    Coveney and Varadkar have been on record saying that they they were not planning foir a hard border in the event of no deal. They are planning for other issues like trade disruptions between Ireland and the UK as a whole but not for a hard border even though this is what no deal would entail.

    Why do you think they are saying that? Do you dispute that they are saying it?

    And try to answer without castigating my posting style.


    Because unlike the UK and their negotiating team they understand that the best way to negotiate is not show your entire hand to the other side of the table.
    If you think there has been no planning done you are childishly naive, of course they aren't going to admit to it as it would give the UK ammunition to use against us.


    The UK on the other hand haven't been able to hold their piss this entire time. Their entire parliament and government is so split that as soon as they come up with a new strategy or plan its leaked immediately to the papers by the side that disagrees with it, its then published and critiqued and pulled apart so much that when they come to the table the EU knows exactly whats going to be said and has been preparing their response for days.


  • Registered Users, Registered Users 2 Posts: 26,701 ✭✭✭✭Peregrinus


    Water John wrote: »
    Parliament won't allow a Crash out Brexit. May's Deal gets defeated. LB move a no confidence and lose that. Then we move to a situation where a majority of MPs are in favour of a 2nd Ref. That requires an extension to Art 50.
    Main decision is, what is on the ballot paper.
    There's a prior step. A simple wish by MPs to have a second referendum, or even a resolution of Parliament calling for one, does not result in a second referendum being held. For that to happen a Referendum Act must be passed, and for that to happen the government has to draft and introduce a Bill. So the government must be persuaded to endorse a second referendum. Which might not happen as long as Teresa May is PM.


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  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    At one point I had considered people calling her a bot unfair. Not anymore, all she has is these preprogrammed answers.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Ireland position is:
    1. If there is to be an agreement it must involve no hard border.
    and 2. There must be an agreement.
    Nearly, but not quite.

    Our position is to point out that if there is no agreement, then the UK will probably be in breach of the GFA.

    This is a treaty to which Ireland and the UK are party, the EU is not.

    So when you say that Ireland has additional requirements to the EU, you are correct. Because the UK has signed agreements with Ireland outside of the EU, but which nonetheless may be breached by the UK's withdrawal.

    But your insinuation that Ireland has created this problem, is not correct. The UK has created this problem, it is up to the UK to provide solutions.


  • Posts: 0 [Deleted User]


    What are the legal repercussions of breaking the GFA?


  • Registered Users, Registered Users 2 Posts: 14,381 ✭✭✭✭Professor Moriarty


    What are the legal repercussions of breaking the GFA?

    It's the illegal repercussions I'd worry about.


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    Tusk looks fed up beyond belief. Junker is warmer but again believes he thinks the HOC is misunderstanding the deal. Last night he had indicated that he thinks many MP have not even read it and they should take the time to do so.


  • Posts: 0 [Deleted User]


    It's the illegal repercussions I'd worry about.

    Ain't that the truth


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  • Registered Users, Registered Users 2 Posts: 14,381 ✭✭✭✭Professor Moriarty


    tuxy wrote: »
    Tusk looks fed up beyond belief. Junker is warmer but again believes he thinks the HOC is misunderstanding the deal. Last night he had indicated that he thinks many MP have not even read it and they should take the time to do so.

    This is very humiliating for Britain and May. She is being left to twist in the wind. And that's with the EU maintaining cool heads. If the heart ruled the head, she would have been told to foxtrot oscar.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    What are the legal repercussions of breaking the GFA?
    In essence, the basis of virtually all treaties is compromise - in that all parties cease an activity or relinquish control over something in return for the other parties doing the same.

    When one party violates a treaty (knowingly), the other parties are in effect free to declare the treaty void and resume the activity they previously shunned.

    That's the simplified version. In practical terms, everyone goes back to the table with independent arbitration to try and resolve the breach and restore the treaty.

    The GFA is especially complicated, not least because it is between 2 sovereign states AND 2 paramilitary organisations who may not be willing to wait before resuming their activities. But also because the GFA is codified in the constitutions of both RoI and the UK.

    The is where the chain of causality gets blurry and freaky. If a no-deal Brexit is found to be by default in breach of the GFA, this may in turn mean that the UK is in breach of its own constitution. Which may mean that a no-deal Brexit is unconstitutional. Which of course, would only be declared several years after the fact when the UK has already left.

    Did anyone mention that the EU is more complicated than "Leave or Remain", yet?


  • Registered Users, Registered Users 2 Posts: 21,972 ✭✭✭✭Tell me how


    This is the most rollercoaster of a political experience I have yet experienced and it is not over yet.

    Each of these are key events on their own and they have all happened as a result of the idea of Brexit within the last 2.5 years.
    • Holding an EU referendum with no details of what the impact would be and allowing for a fractional majority to dictate direction
    • Vote leave winning the referendum
    • Prime Minister who called the referendum resigns
    • Opposition Leader faces challenge over their position on Brexit. (They win)
    • Front Runner for leader of conservative party (and therefore PM) fails to run
    • New Prime Minister elected to deliver Brexit had campaigned to remain
    • Front Runner for leader of conservative party who failed to run appointed as Foreign Secretary
    • Election Called to strengthen Government majority
    • Government is returned but with reduced majority forcing C&S with DUP
    • Article 50 is invoked before any strategy is developed on how to proceed
    • Legal agreement in relation to NI accepted by UK government
    • UK parliament passes legislation overriding legal agreement in relation to NI
    • UK creates red lines which they say have to be met or they will leave without a deal stating No Deal is better than a Bad Deal
    • Brexit Minister embarasses himself when discussing impacts on industry sectors before a select committee
    • PM issues ultimatum to her cabinet ministers to support her or get a taxi home from Chequers
    • Brexit Minister and Foreign Secretary resign. New Brexit Minister appointed
    • Leave campaign found to have violated campaign funding rules and referred to police for investigation
    • Prominent Leave campaigners found to have dubious links between Leave Campaign, Russia, Artificial Intelligence Company and Donald Trump
    • DUP drive to manipulate deal to strengthen/protect Union even though majority of their constituents prefer closer links to EU
    • Hard Brexiteers cabal try to remove PM but fail to get 48 letters to force a vote
    • A deal is produced
    • Brexit minister resigns. New Brexit Minister appointed
    • Government found in contempt of parliament for the first time in History and forced to reveal AG advice which it had received
    • House of Commons unites (sort of) in hatred of the deal
    • Anarchy and revolt amongst the opposition evidenced by the removal of the Royal Mace
    • Hard Brexiteers cabal get their moment in the spotlight and fail to remove PM thus protecting her (from internal attacks) for a year
    • Opposition is so inept that even with the disintegration of the government party, they have no confidence that they would win a General election and so do nothing.
    • EU consistently and resoundingly rebuffs pleas from PM to make changes to help her get a deal passed.
    • Christmas approaches likely meaning at least a week of inactivity within the political sphere while the media ratchets up the hyperbole even more.


  • Registered Users Posts: 2,275 ✭✭✭fash


    I honestly don't know at this stage. But the solutions being offered on this forum all involve another country, the UK, doing something to our liking.
    The real issue for Irish people is: are you willing to sell out the border for at an economic impact of approx. 5% - or 10 months - of economic growth.

    There is uncertainty on either side of that- the UK is likely -but not certainly- to cave either before or after a no deal brexit. In any case, the UK population certainly do not care about NI.


  • Registered Users, Registered Users 2 Posts: 45,630 ✭✭✭✭Mr.Nice Guy


    quokula wrote: »
    It’s worth noting that Corbyn campaigned for Remain, votes Remain, has since advocated the entire UK staying in the customs union (avoiding the need for a backstop) and made some somewhat fuzzy commitments to a single market relationship that would clearly prioritise not harming the economy over the ideological red lines the tories have had - this would pretty much amount to Norway in practice once Labour got to the negotiating table, which is far better than what the Tories are driving for.

    He’s not advocating a second referendum yet because he’s rather get in power first, a second referendum puts paid to an election before 2022. But he’s made it pretty clear that if they run out of other options they will campaign for a second referendum.

    The idea that he’s got anything in common with the likes of ERG on Brexit is crazy.

    Corbyn has been of the Tony Benn eurosceptic wing of Labour for decades. To say he campaigned for Remain is being very generous indeed given his level of involvement at the time. The reason he doesn't advocate a second referendum is because he doesn't want one. He's spent his political life as an opponent of the EU and there's no sign of a Road to Damascus conversion. Quite the opposite. He has offered no support whatsoever for the backstop and has even garnered praise from the DUP for his behaviour the last few weeks. Even his sister party in NI the SDLP are exasperated with him:

    https://twitter.com/jonclint1/status/1073260160456495107

    Labour remainers like Starmer had to battle to get the Labour party to even consider the option of a second referendum. It was not something he was enthuasiastic about whatsoever.

    Corbyn could have been a friend to Ireland in this process by throwing his support behind the backstop, but in a recent interview with Darren McCaffrey he showed he is no ally...

    https://twitter.com/euronews/status/1071098387452301313


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  • Registered Users, Registered Users 2 Posts: 10,244 ✭✭✭✭Hurrache


    tuxy wrote: »
    he thinks the HOC is misunderstanding the deal. Last night he had indicated that he thinks many MP have not even read it and they should take the time to do so.

    It has to be one of two things, they either haven't read it, or are purposely misrepresenting it. Everyone in Ireland, probably Europe, with an interest in Brexit understands it, how the hell can anyone in the HOC not?


  • Registered Users, Registered Users 2 Posts: 8,229 ✭✭✭LeinsterDub




  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,163 Mod ✭✭✭✭DOCARCH


    This is the most rollercoaster of a political experience I have yet experienced and it is not over yet.

    Each of these are key events on their own and they have all happened as a result of the idea of Brexit within the last 2.5 years.

    I'd say Putin is thinking to himself, that was money well spent! :P


  • Registered Users, Registered Users 2 Posts: 21,972 ✭✭✭✭Tell me how


    DOCARCH wrote: »
    I'd say Putin is thinking to himself, that was money well spent! :P

    I'd say he's looking at the US and the UK and thinking he had no idea it would be this easy.

    They've probably let off loads of people in the Kremlin because each project was much shorter in duration than anticipated.


  • Registered Users, Registered Users 2 Posts: 40,364 ✭✭✭✭Itssoeasy


    I wish that the media in Britain would stop letting those brexiter MPs and members of the public they have on misrepresent what the backstop is and when it supposedly comes into effect. The backstop is a scenario that hopefully will never be used, but I think it's right there is a protection in the event the U.K. and EU can't reach an agreement during the transition period. I certainly don't want a hard border(or any type of border infrastructure) back on this island.

    The British people to a point I can understand them not being up to date of the border in Ireland. I can't give a pass to the political version of the uncontaced tribe in the news recently, the DUP. They know damn well that brexit won't change the position of the north in the U.K, as that can ONLY change by a vote on the island of Ireland.


  • Closed Accounts Posts: 1,029 ✭✭✭hill16bhoy



    Referendum on, referendum off.

    Interim Scotch Tory leader:

    https://twitter.com/Carlaw4Eastwood/status/1073597709481844736


  • Registered Users, Registered Users 2 Posts: 2,338 ✭✭✭Bit cynical


    seamus wrote: »
    Nearly, but not quite.

    Our position is to point out that if there is no agreement, then the UK will probably be in breach of the GFA.

    This is a treaty to which Ireland and the UK are party, the EU is not.

    So when you say that Ireland has additional requirements to the EU, you are correct. Because the UK has signed agreements with Ireland outside of the EU, but which nonetheless may be breached by the UK's withdrawal.

    But your insinuation that Ireland has created this problem, is not correct. The UK has created this problem, it is up to the UK to provide solutions.
    Dealing with your last point first: the UK leaving does cause problems for Ireland. But Ireland's actions in response can make matters better or worse for Ireland. Therefore examination of Irelands actions is always appropriate.

    On the GFA, I don't think Ireland has pointed out officially that the UK would be legally in breach of the agreement if the EU and UK fail to reach agreement and a hard border is introduced as a result. I am open to correction on that. Personally I don't personally think the UK woudl be in breach of the GFA though a hard border is something to be avoided regardless. It may put the GFA under strain but that is not the same as the UK (or Ireland) being legally in breach of it.


  • Registered Users Posts: 2,435 ✭✭✭Imreoir2


    Speaking of Project Fear/Fact, from Bloomberg today ...

    I am essentially illiterate when it comes to the stock market. Does anyone know what kind of impact a capital flight of this type would have on the wider economey or on the national finances?


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,163 Mod ✭✭✭✭DOCARCH


    Itssoeasy wrote: »
    I wish that the media in Britain would stop letting those brexiter MPs and members of the public they have on misrepresent what the backstop is and when it supposedly comes into effect.

    I think the Brexiteers and DUP have done an amazing job in spinning/hyping the backstop as the mother of all evils, in the last couple of weeks....and people/media/other MPs seem to be swallowing it!

    The backstop is nothing new/has been around for 12 months.

    TM made a huge error of judgement in trying to conceal the advice of the AG to cabinet, which has been around for a while, and then having to release it, by force, after the WA was complete.

    Had the advice of the AG been released sometime ago, prior to the completion of the WA, TM may not in the s**tstorm she is in now.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Imreoir2 wrote: »
    I am essentially illiterate when it comes to the stock market. Does anyone know what kind of impact a capital flight of this type would have on the wider economey or on the national finances?
    Hard to say. To a certain extent the state of the stock market is used as a bellweather for the state of the economy, rather than being an actual contributor to the economy in itself. That is, if the economy is doing well, stock prices go up. If it's doing poorly, stock prices go down.

    It's not always though an economic indicator. What it really does is measure profit performance. Profits up == stock up. It is possible for your economy to be stagnating, but stock prices are going up because companies are shedding staff right, left and centre, and cutting wages, and therefore making record profits.

    The relationship doesn't work in reverse - stock prices going up doesn't make the economy any better, likewise prices going down doesn't make the economy perform worse. The money invested stocks is effectively just spare cash that rich people have lying around. When they move it around the place, it doesn't add or remove anything from the economy.

    Not directly anyway. But if it's considered a bellweather of economic state, then it follows that a drop in stock prices will make people more twitchy about investing in the economy - "the stock market thinks the economy is in trouble, so I should avoid building a new supermarket for now".

    There is also the issue of who is investing in stocks and capitalising on returns. If governments, banks and pension providers have money invested in shares, then dropping stock prices hurts their returns and in turn hurts the people who are dependent on those funds.


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  • Registered Users, Registered Users 2 Posts: 5,758 ✭✭✭Laois_Man


    tuxy wrote: »
    Tusk looks fed up beyond belief.

    Angela Merkel too, who said:

    "The 27 member states have given assurances. They are contained in the conclusions of yesterday evening.

    "That is our position, that is what we have put on the table. And now we expect Great Britain to respond."

    Interesting conversation about a hard border being in conflict with the UK's own constitution. I have no doubt Varadkar threw this at May in yesterdays lengthy meeting, probably not for the first time - but he has to keep his powder dry on it and hope he never has to say it publically. If you think Anglo-Irish relations have soured now, you ain't seen nothing yet, compared to what will happen if/when the Irish Government has to start making these points.


  • Registered Users, Registered Users 2 Posts: 2,338 ✭✭✭Bit cynical


    joe40 wrote: »
    Not sure I understand. How can Ireland insist on an agreement. If the Uk have not signed up to a WA by 29th March or postponed the exit then there will be no agreement. The Irish government can't stop that.

    It seems to me that a "time limited backstop" would placate the Tories. They don't seem to realise this is a contradiction in terms.
    A time limited guarantee is not a guarantee
    Of course we can't insist on an agreement. But an agreement is much more essential to us than the EU as a whole which can live without one. Therein, I would argue, lies the difference between Ireland's position and the EU's. The EU can insist on an time-unlimited backstop knowing full well that no national parliament would ever agree with it thereby resulting in no deal, whereas Ireland would probably modify its demands given the chance at that point.


  • Registered Users, Registered Users 2 Posts: 13,753 ✭✭✭✭Geuze


    A quick question on the backstop.


    As it is part of the WA, then if the WA is not passed in the UK parliament, and instead Brexit occurs without a WA, then is the backstop irrelevant?

    i.e. the backstop only becomes law if the WA passes?


  • Registered Users, Registered Users 2 Posts: 2,338 ✭✭✭Bit cynical


    Geuze wrote: »
    A quick question on the backstop.


    As it is part of the WA, then if the WA is not passed in the UK parliament, and instead Brexit occurs without a WA, then is the backstop irrelevant?

    i.e. the backstop only becomes law if the WA passes?
    Yes it is irrelevant if there's no WA as the backstop only exists as part of the WA.


  • Registered Users, Registered Users 2 Posts: 5,758 ✭✭✭Laois_Man


    whereas Ireland would probably modify its demands given the chance at that point.

    What should Ireland modify its demands to?


  • Moderators, Sports Moderators Posts: 27,300 Mod ✭✭✭✭Podge_irl


    Of course we can't insist on an agreement. But an agreement is much more essential to us than the EU as a whole which can live without one. Therein, I would argue, lies the difference between Ireland's position and the EU's. The EU can insist on an time-unlimited backstop knowing full well that no national parliament would ever agree with it thereby resulting in no deal, whereas Ireland would probably modify its demands given the chance at that point.

    The EU is insisting on it because Ireland wants it and I have seen absolutely no indication that Ireland would have any interest at all in changing their viewpoint. The EU hasn't exactly gone off on their own here - their entire Irish strategy is being driven by what Ireland want. The UK are essentially trying to bully their way out of the backstop and you don't give in to that kind of behaviour no matter what.


  • Registered Users, Registered Users 2 Posts: 6,773 ✭✭✭eire4


    hill16bhoy wrote: »
    Referendum on, referendum off.

    Interim Scotch Tory leader:

    https://twitter.com/Carlaw4Eastwood/status/1073597709481844736

    The only referendum I can see likely happening lead by Scotland is an independence referendum.


  • Registered Users, Registered Users 2 Posts: 14,166 ✭✭✭✭josip


    I would have trusted the BBC's independence up to now, but it's obvious that there's a message being ever so subtly pushed.
    eg. In some comment about Juncker's hair ruffling today.

    https://www.bbc.com/news/live/uk-46567777
    "So she is part of Mr Juncker's large team."

    A gentle reminder to all you Brexiteers that your hard earned taxes are going to support Juncker's massive entourage.


  • Registered Users, Registered Users 2 Posts: 14,233 ✭✭✭✭briany


    seamus wrote: »
    In essence, the basis of virtually all treaties is compromise - in that all parties cease an activity or relinquish control over something in return for the other parties doing the same.

    When one party violates a treaty (knowingly), the other parties are in effect free to declare the treaty void and resume the activity they previously shunned.

    That's the simplified version. In practical terms, everyone goes back to the table with independent arbitration to try and resolve the breach and restore the treaty.

    The GFA is especially complicated, not least because it is between 2 sovereign states AND 2 paramilitary organisations who may not be willing to wait before resuming their activities. But also because the GFA is codified in the constitutions of both RoI and the UK.

    The is where the chain of causality gets blurry and freaky. If a no-deal Brexit is found to be by default in breach of the GFA, this may in turn mean that the UK is in breach of its own constitution. Which may mean that a no-deal Brexit is unconstitutional. Which of course, would only be declared several years after the fact when the UK has already left.

    Did anyone mention that the EU is more complicated than "Leave or Remain", yet?

    Yes. All the time. Brexiteers have had the considered response of, "LALALALALALALALA".

    To the point on the GFA, I'm not sure how Brexit would violate it by default. If neither side is willing to put up a border, and citizens can come and go just as freely as they had done, and tariffs are not enforced, then not a lot changes except for the atmosphere. It'd be a pretty weird time, and would certainly be finite because economic pressure would eventually change that situation, but the current hare-brained idea of the ERG seems to be that they'll not erect a border just long for Ireland (under pressure from the EU, they reckon) will erect one, at which point the UK can say, "Well, that's the GFA done. Might as well put up a border of our own. Your fault. Lol."


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  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Leroy42 wrote: »
    It will be more "we are in unison with the UK, sad to see them leave but want a great future relationship". "TM is incredible, working so hard and enjoys the support of all 27 memebers" blah blah.


    I think they may have lost patience.


    Maybe something direct like "A negotiated deal is on the table. Stay, take the deal or leave without it: there will be no further changes in the EU position."


  • Registered Users, Registered Users 2 Posts: 2,338 ✭✭✭Bit cynical


    Podge_irl wrote: »
    The EU is insisting on it because Ireland wants it and I have seen absolutely no indication that Ireland would have any interest at all in changing their viewpoint. The EU hasn't exactly gone off on their own here - their entire Irish strategy is being driven by what Ireland want. The UK are essentially trying to bully their way out of the backstop and you don't give in to that kind of behaviour no matter what.
    Laois_Man wrote: »
    What should Ireland modify its demands to?
    Well, of course it is totally hypothetical, but I believe that Ireland all along would have had a different approach. Priority would have been to get a deal which maximised trade and minimised the impact of border acknowleging that some form of border is unfortunate but inevitable when a country leaves the Single Market and Customs Union. Generally a much higher weight would have been placed on getting a deal (even an imperfect one) than we have seen from the EU.

    Because we are in the EU things are completely different, and because Ireland is a small country we have to be circumspect with our goals and try to make them coincide with those of the EU as a whole or risk humiliation. We therefore only get glimpses of a separate Irish position from politicians such as when they say that we would be amenable to an extension of A50 or that the EU can be flexible in their negotiations.

    The situation we find ourselves in is one in which the deal agreed by May is better than we might have expected from Ireland's perspective, but it won't be accepted by the UK Parliament. Who is at fault? Doesn't matter.


  • Registered Users, Registered Users 2 Posts: 4,573 ✭✭✭Infini


    Yes it is irrelevant if there's no WA as the backstop only exists as part of the WA.

    Alternatively if theres no agreement and the UK crash out and break the GFA and make an utter bollocks of it then ultimately down the line one of the terms of any new agreement could potentially be that a border poll be held to decide NIs future onve and for all. Would at least remove the issue if reunification is successful not to mention it removes the land border from our island altogether.


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Coveney and Varadkar have been on record saying that they they were not planning foir a hard border in the event of no deal.

    Why do you think they are saying that?


    Because the UK will cease to exist if there is a no deal Brexit.


    OK, it would cease to exist if they were able to make a no deal Brexit stick. What would really happen is that Sterling would collapse and supply chains would break down before Brexit day even happened. If they got to Brexit day without a u turn, Dover would collapse and food and medical imports slow to a trickle. Government collapse in a month.


    Long before the NI border becomes a problem, there'd be troops on the streets in London and the new PM would be starting talks with the EU.


    Item 1: about that backstop. So a hard border will not be needed.


  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭murphaph


    Laois_Man wrote: »
    What should Ireland modify its demands to?
    It's crazy talk isn't it? What on earth should we modify our demands. We have the unwavering support of our EU partners (which shouldn't be forgotten when one of them needs a hand) and the UK is not a trustworthy partner so you absolutely need the written guarantees in place.

    A no deal Brexit hits the UK far harder than Ireland in real terms. They would be back negotiating in no time under a new government if they went down that road. They won't do it.


  • Registered Users, Registered Users 2 Posts: 21,808 ✭✭✭✭Water John


    Pere, yes the UK Govn't have to introduce the Bill to Parliament but if the house had instructed them to do it, would they refuse to do it? This would lead to a Constitutional crisis and make their contempt of last week seem very small.


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  • Registered Users, Registered Users 2 Posts: 2,338 ✭✭✭Bit cynical


    Infini wrote: »
    Alternatively if theres no agreement and the UK crash out and break the GFA and make an utter bollocks of it then ultimately down the line one of the terms of any new agreement could potentially be that a border poll be held to decide NIs future onve and for all. Would at least remove the issue if reunification is successful not to mention it removes the land border from our island altogether.


    So we could consider failure of these talks to be a sort of success!

    I don't think so. In any case, I don't think the UK will be technically in breach of the GFA if there's no deal, and certainly Ireland won't be tearing up the agreement.


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    In any case, I don't think the UK will be technically in breach of the GFA if there's no deal, and certainly Ireland won't be tearing up the agreement.


    The UK will have much bigger problems than NI if there is no deal.


  • Registered Users, Registered Users 2 Posts: 2,338 ✭✭✭Bit cynical


    The UK will have much bigger problems than NI if there is no deal.
    So will we.


  • Registered Users, Registered Users 2 Posts: 5,758 ✭✭✭Laois_Man


    Well, of course it is totally hypothetical, but I believe that Ireland all along would have had a different approach. Priority would have been to get a deal which maximised trade and minimised the impact of border acknowleging that some form of border is unfortunate but inevitable when a country leaves the Single Market and Customs Union. Generally a much higher weight would have been placed on getting a deal (even an imperfect one) than we have seen from the EU.

    You seem to place a higher value upon trade than you do upon the avoiding the re-emergence of a N. Ireland paramilitary conflict - possible even occurring more in the Republic than it generally did the last time.

    Don't just take my word for it. PSNI Chief Constable George Hamilton thinks paramilitaries kicking off again is highly probable in the event of a hard border. I have no doubt there are factions who are literally praying for the chace to get going again and recruit new membership!


  • Registered Users, Registered Users 2 Posts: 2,338 ✭✭✭Bit cynical


    Laois_Man wrote: »
    You seem to place a higher value upon trade than you do upon the avoiding the re-emergence of a N. Ireland paramilitary conflict - possible even occurring more in the Republic than it generally did the last time.

    Don't just take my word for it. PSNI Chief Constable George Hamilton thinks paramilitaries kicking off again is highly probable in the event of a hard border. I have no doubt there are factions who are literally praying for the chace to get going again and recruit new membership!
    Not my position. My position is that we get all those things you describe if there's no deal. Plus an economic hit for Ireland. Plus, if posters here are to be believed, major instability in the UK generally, all of which makes the scenario you describe more likely yet purport to be against.


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