Martin Howe QC has written an article on the choices facing Parliament with regard to ratifying Mrs May’s agreement (as amended) or extending the Article 50 deadline, the Trojan ass beloved of Remainiacs.
Essentially, he sees the worst option as approving Mrs May deal with its indefinite nature, subjugation to the ECJ as an arbitration mechanism and no exit clause (but I think a suitably-phrased Act of Parliament and, in the event of any nonsense from over the water, a few well-aimed cruise missiles as an ultimate fallback would do). I fail to see the disadvantage of breaching such a bad treaty, President Trump is a great one for saying that this arrangement is screwing us, so screw it and if you don’t like it, tough.
A short extension would be a nonsense as the European ‘Parliament’ will take a break from rubber-stamping or worse, gilding (never ‘gelding’ it seems) the legislation put before it so that elections may be held, and it is needed to ratify the final Withdrawal Agreement. It would give three weeks for more procrastination and delay (which is the whole point of Mrs May’s premiership, in case anyone hasn’t noticed).
As Mr Howe notes of the FFC:
The Prime Minister’s statement to the House of Commons on 26 February 2019 opened the door to a “short, limited extension to Article 50 not beyond the end of June” if the House again rejects her deal on 12 March. She thereby abandoned her commitment, repeated in the Commons more than 100 times, that the UK will leave the European Union on 29 March 2019.
Without any apparent consciousness of the irony, she told the House that she would stick by her commitment to hold a vote on extending Article 50 “as I have [stuck by my] previous commitments”.
Mr Howe sums up the advantage of a 21 month extension over Mrs May’s ‘deal’.
A long extension of 21 months would have the same practical result as the “implementation” period in the deal, except the UK would be much better off than under the deal because we would still have a vote and representation in EU institutions and the European Parliament.
Unlike the deal, we would be free to leave on 1 January 2021 without being trapped in the “backstop” Protocol.
Our financial liabilities during the 21 month extension would be the same as under the deal, but unlike the deal, we would have no obligations afterwards.
Unlike under the deal, we would not be subject to indefinite ECJ jurisdiction after 2020.
As Mr Howe notes:
When you want to get someone to do something by threatening them, the normal protocol is that you threaten them with something which is worse than the thing you want them to do. However, in this case, it is the other way round. The ‘threat’ is manifestly more advantageous in every way than the thing the threatener wants the threatened to do (vote for the Theresa May deal).
Would an extension be granted by the EU?
… there are severe difficulties in the way of getting such an extension in the first place. The EU is wary of the problems which would be created by holding the European Parliament elections in the UK. The Conservative Party should be not simply wary, but alarmed across the board, at such a prospect, since a decimation of the Conservative vote in the face of Nigel Farage’s reinvigorated Brexit party cannot be ruled out. And if the Brexit party establishes itself with a big vote in the European Parliament elections, it will not go away and will be a real vote-splitting problem for the Conservatives in by-elections and at the next general election – an even greater problem than UKIP was in the past.
The EU may well not be willing to agree to an extension. It only takes one member state to veto it.
So this is where the Conservative Party has taken the country, to a point where threats of something better that a final outcome are being deployed with a view to getting the worst possible deal for the UK? And our best hope may well be another EU member government deciding to put a stick in the spokes of the extension? Could, say, nice Mr Orban be our saviour? We might see just how far the euroscepticism of some European politicians will take them.
