Not dealing with Brexitism

It’s hard to keep up with what is happening in the world of trade, even just considering those aspects which have a direct or indirect Brexit connection. Since my last post, there has been a flurry of activity, including a deal, of sorts, between the US and China which, for now at least, seems to mark a truce in their trade war. That, along with some other developments, suggests that Trump is now desperate to row back on the chaos that his ‘Liberation Day tariffs’ unleashed. On the other hand, there are signs that he proposes to double down on his hostility to the EU.

The recently announced UK-US ‘trade deal’ is one, relatively minor, aspect of these developments. It, too, is evidence of Trump’s backtracking, and it could be read as part of an attempt by him to increase divisions between the UK and the EU. At all events, along with the UK-India deal, it forms the background to next week’s UK-EU Summit. The outcome of that may, whether in what it does or what it does not achieve, mark a new phase in the Brexit saga, but there is little sign of Britain dealing with 'Brexitism'.

The UK-US ‘trade deal’

As always with anything Brexit-related, it’s a big task just to strip away the lies, half-truths and misunderstandings, and that becomes even more difficult when Donald Trump is involved. When the deal was announced, both Trump and Keir Starmer talked as if it was a historic breakthrough, and suggested that it was the long-touted post-Brexit Free Trade Agreement (FTA). It was nothing of the sort, and nor was it ever going to be. As I explained in a post last November, when Trump’s tariffs had not been announced but were in prospect, if it was going to be anything it would be an ‘exemption deal’, meaning that it would exempt the UK from some, if not all, of Trump’s new tariffs.

The difference is significant, not least because it means that the best it could achieve would be a return to the status quo ante. That is, it might avoid Trump’s new tariffs but not improve the terms of trade that had already existed. To an extent, at least, that is what has happened. In headline terms, the new blanket 10% ‘reciprocal tariff’ remains on all goods, but the 25% tariff on cars has been removed up to a quota of 100,000 vehicles sold per year (but these will still be liable to the 10% tariff). The 25% tariff on steel and aluminium has also been scrapped, but it seems there will also be some quota limit on that (the details are not clear). In return, the UK has agreed to scrap tariffs on an increased quota of US beef (with some reciprocal increase in access to the US beef market), and to scrap tariffs on US ethanol within a high quota.

So, a very limited deal. But, as quickly emerged when the text was published, it is not even a deal, in the sense that it is (explicitly) not a legally binding agreement and that many details are still to be agreed, most glaringly, perhaps, in relation to pharmaceuticals trade. As Alison Morrow of CNN Business put it, it is not so much as deal as “a concept of a deal”. That isn’t to say that none of it will come into effect, because there is evidently some political commitment to it. So at least some of it very probably will. But given Trump’s proven unreliability to stick to the terms even of legally binding deals, it is even harder to be confident that he will honour, or even continue to recognize, any political commitments.

That it happened at all reflects the weakness and neediness of both sides. Unlike the EU or China, the UK is simply not strong enough to take on the US in a trade war. The UK also has a pressing political and economic need to shield its car and steel industries from Trump’s tariffs. But the US is weak too. Trump’s tariff policy has backfired on him very badly, and, as I suggested recently, that has made him keen to start ‘doing deals’ with his victims so as to give the impression that this had been his strategy all along, and to reverse some of the damage he has inflicted on himself and the US economy. Thus, as many commentators noted once it had been announced, Trump needed a deal, and quickly.  

The timing may also have reflected a desire to make an announcement on VE Day so as to get in some sanctimonious references to the wartime alliance and the ‘special relationship’ or at least, since Trump’s ego is considerably greater than his grasp of detail, to ‘historic’ events. Timing aside, the terms of this trade non-deal also reflected the neediness of both parties. The UK has not had to make any of the concessions that had been speculated about on tech firm regulation and taxation, or on food standards (there will be cheaper US beef, but it will not be ‘hormone-treated’), a point I’ll come back to. The UK also resisted demands to reduce pork tariffs. To that extent, the reported jubilation in the Starmer government is understandable. The UK gave surprisingly little for what, at least in political terms, was quite helpful to the government.  

Nevertheless, to repeat, the overall effect is to leave the UK worse off than it was before Trump launched his tariff offensive. Starmer shouldn’t be blamed for that, as it’s highly unlikely any other outcome could have been agreed on remotely viable terms, and what was achieved is worthwhile for the car and steel industries, but in a normal world it wouldn’t be seen as a triumph. There is also a more complex issue, identified by the UK Trade Policy Observatory’s (UCTPO) analysis of the deal. Referring to an aspect which I have not mentioned so far, namely what the agreement says about supply chain security, UKTPO warn that, depending on exactly what it comes to mean in practice, it may well push the UK towards provisions which will be unpopular with China, with retaliation possible. It’s a specific illustration of another point I made in an earlier post, about how post-Brexit Britain is obliged to duck and dive between not just the US and the EU but, also, China.

Brexit dimensions

What of Brexit more generally in all this? It’s true by definition that the UK could not have agreed such a deal had it still been a member of the EU, or even if simply in a customs union with the EU. Whether it proves ‘better’ than whatever the EU agrees or doesn’t agree with the US remains to be seen. What is certainly striking is that it has wrong-footed the Brexiters (as shown, rather deliciously, by a disagreement between the Tice-Oakeshott Reform power couple). Some, at least initially, hailed it, in the way Trump did, as the post-Brexit trade deal he had always promised, although they quickly latched on to the implicit criticism of the Tories contained in that, as well as the explicit lie it entailed.

Very soon, Kemi Badenoch was complaining that the deal had “shafted” the UK (£), bemoaning that it was, indeed, not a comprehensive FTA. In short, we had the unedifying spectacle of Labour at least implying that it had delivered the key trade promise of the Brexiters, and Conservative Brexiters criticizing the government for not delivering what is simply not available for agreement with Trump, any more than it was with Biden, but pretending otherwise. It was yet another small illustration of the fundamental dishonesty Brexit has brought to British politics.

Beyond domestic politics, there’s a deeper issue in play with this deal. Again, I’ve gestured towards it in a previous post (I’m sorry to keep doing this self-referencing, but the various discussions obviously connect together, and linking to where points were previously made means I don’t have to repeat explanations or background). That issue is what all this means for ‘WTO rules’.

It’s not just that the Brexiters used to sloganize ‘Let’s Go WTO’ as a supposed alternative to any trade deal at all with the EU, or that ‘regaining our seat at the WTO’ was supposed to be some great prize, it is that their whole economic vision of post-Brexit Britain was predicated on the existence of a global trade order. Trump is now ripping that up, and both Alan Beattie, the Financial Times’ trade expert (£), and the UKTPO analysis suggest that the UK-US deal, specifically, flouts WTO principles and undermines the multi-lateral trading system.

The UK-India deal

All this came in the wake of the announcement of a UK-India trade deal. The two stories are, as BBC Economics Editor Faisal Islam argues, very likely to be related. That is, the general mayhem Trump is causing to international trade may have provided an incentive to complete what has hitherto been regarded as an “elusive” deal. However, the two deals are very different. For the UK-India deal is a trade deal, both in the sense of being a genuine FTA and of being (or at least being the basis of) a legally binding agreement. Moreover, it sits within, and does not undermine, the WTO framework. Indeed, the Centre for Inclusive Trade Policy suggests that “may be one of the biggest achievements of this agreement”.

Although the full details have yet to be published, reports based on the government’s summary of what has been agreed suggest there will be a fairly comprehensive removal of tariffs, with whisky and cars two of the UK sectors most likely to benefit, and garments and footwear amongst the benefitting Indian sectors. There’s less sign of liberalization of services trade, which some, especially in the financial services sector, had hoped for, although that is not surprising (lack of services coverage is one of the reasons why FTAs are so different to the EU single market). However, of potential importance to some UK firms, and potential controversy in India, UK access to the public procurement market should increase.

It was always anticipated that the block to this FTA would be an Indian requirement for a relaxation of UK immigration policy – something even less likely to be agreed by the present government, which is, if possible, even more obsessed with reducing immigration at whatever the economic cost than its Tory predecessors, something I will return to. That turned out not to be the case (although perhaps, had it been agreed, it might have enabled a deeper deal), and the only tangentially immigration-related issue was an agreement to exempt Indian workers on short-term visas from National Insurance Contributions (NICs).

Once again Brexiters were wrong-footed. This was a deal they had long-advocated as a Brexit prize, and Jacob Rees-Mogg greeted it as “exactly what Brexit promised”. But Kemi Badenoch latched onto the NIC provision (as, more unexpectedly, did the LibDems), either unaware of or ignoring the fact that such arrangements (which are reciprocal for UK workers) have been agreed with numerous countries in the past. Nigel Farage also weighed in, denouncing the deal as “truly appalling”, and as selling out British workers and farmers.

All this was, as with the US deal, pure opportunism (one senior Indian official was even quoted as saying that Badenoch had agreed the NIC provision in principle when she was Trade Secretary). There’s no doubt whatsoever that the Tories would have done the same deal. But the Brexiter reactions, especially Farage’s, also point to one of the biggest of the many contradictions which have run throughout the entire Brexit project, that between nativist protectionism and globalist free trade. Hence the idiotic situation that Brexiters can now regard the UK-India deal as both a vindication and a betrayal of Brexit.

A Brexit benefit?

To the extent that the deal is being claimed as a ‘Brexit benefit’, the usual arguments apply. Yes, it could only be made because the UK has left the EU. But according to official calculations its economic value, an estimated 0.1% increase to GDP after 15 years, whilst slightly greater than the FTAs with Australia (0.08%) and New Zealand (0.03%), is nugatory compared with the costs of Brexit (minus 4%). Given that Brexit has happened, there’s a case for doing such deals, but the idea that they in any way justify Brexit is absurd. In any case, it is reported in the Indian media that the ongoing EU-India trade negotiations are likely to be accelerated, again precisely because of the impetus injected by Trump’s trade mayhem.

Of course, whenever the economic deficiencies of their project are pointed out to Brexiters, they invariably fall back on some version of their ideas about sovereignty and democracy. In relation to trade deals, they used to make much of the idea that, with Brexit, the people’s representatives in parliament would ‘regain control’ over ratification of FTAs. That was always based on a false premise, because as an EU member the UK could have held parliamentary votes on FTAs made by the EU, potentially even blocking them, but it waived that right. As for the present situation, whilst it might fairly be said that the UK-US deal is so flimsy and indefinite it hardly warrants a vote, that is not true of the UK-India deal. Yet the government has stated that, in line with post-Brexit legislation and practice, there will be no vote. So that’s another supposed ‘Brexit benefit’ that has quietly been discredited.

Where does all this leave the UK-EU reset?

The short answer to that is that it leaves it exactly where it was before, except that we are now only a couple of days away from the EU Summit at which (perhaps) the tangible details of what the ‘reset’ is going to mean will be unveiled [1]. As such, most of what I wrote in my previous post still applies, but it is worth spelling out one particularly important issue. The fact that the UK-US deal explicitly affirmed that US products sold in the UK must meet UK SPS standards (i.e. no hormone-treated beef, chlorinated chicken etc.) means that there is no (new) obstacle to a UK-EU SPS agreement. This is the issue many commentators have identified as the key indication of whether the UK is going to ‘choose’ between aligning with the US or the EU. It seems to have chosen the EU (which is consistent with what the latest UKICE report shows to be the general direction of regulatory policy).  

That should not be a surprise to readers of this blog, as I’ve repeatedly argued (in the face of some sceptical responses) that it was highly unlikely that the government would agree anything with the US, or anyone else, to prevent what has always been Labour’s central, most repeatedly stated, reset ambition. It obviously remains to be seen if there will be a UK-EU SPS agreement, but the possibility remains open. I don’t think that quite amounts to the UK-US deal being a “triumph for remainers”, as Adam Bienkov argues, but it does endorse their core economic proposition of the centrality of geography to trade. Certainly the deal doesn’t mean that (taken in conjunction with the India deal) “the Rejoiner dream [has] finally died”, as pro-Brexit commentator Ambrose Pritchard-Evans claims.

Assuming there will now be a UK-EU SPS deal (in principle, if not immediately in detail), the important question is what else, if anything, gets announced next week. Over and above the widely expected defence and security pact, there are several possibilities, as outlined in my previous post, and there’s not much point in reviewing the various rumours and speculations there have been since. We’ll know soon enough.

What resetting means

That previous post attracted a certain amount of negative comment on social media. In particular, one poster on Bluesky [2] repeatedly and aggressively criticized me for having said that Labour’s red lines are fixed which, they insisted, meant I was indulging in British ‘exceptionalism’ whereby the EU was expected to make all the compromises and to find the solutions for the problems Brexit has caused the UK. It was a slightly bizarre accusation given the number of times over the last nine years I have criticized such a position, which has indeed often been in evidence. More importantly, it was simply ignorant. It is a fact that the Labour red lines have not changed, and a fact that they necessarily put a massive restriction on what can be agreed by the EU. But that certainly does not mean that there is no space for agreeing anything beyond what was negotiated by Boris Johnson and David Frost (a view which, ironically, mirrors Frost’s own criticisms of the reset).

That is for two reasons. One is that the UK under Labour does seem to have dropped one of the Johnson-Frost (and May) red lines of doctrinaire objection to any role for the ECJ and European Law. Admittedly this has never been formally stated, but, for years now, it has been notably absent from Labour’s list of red lines. If that is indeed so, it potentially opens up new areas for agreement that had been closed down by the UK, including but not limited to an SPS agreement, without entailing any concession from the EU on the need for ECJ jurisdiction. The other is that, even within its red lines, the Johnson-Frost deal was in many respects minimalistic, because of their hang-up about sovereignty in a more diffuse sense (i.e. beyond even what those red lines of necessity betokened). This is one reason why the quite expansive possibilities – possibilities envisaged by the EU quite as much as the UK – in the (non-binding) Political Declaration, which accompanied the 2019 Withdrawal Agreement, were never brought to fruition. There is now at least the potential to revisit them.

Nor, to address another repeated, and related, criticism made of that post, does doing so automatically amount to UK attempts at ‘cherry-picking’ or ‘cakeism’. Those concepts, whilst certainly highly relevant at some stages of the Brexit process (and, again, I've exhaustively catalogued and criticized this) have been rendered largely redundant since the UK became a third country to the EU. There are no cherries to try to pick, because the UK has foregone the pie. Now, the only issue is whether both the UK and the EU see it as being in their own interests to make agreements over cooperation in specific areas or participation in specific programmes. Indeed, that began to happen under the Sunak government, with the UK-Frontex deal on tackling irregular migration and the admission of the UK to the Horizon Europe and Copernicus programmes.

Trust in Starmer’s Britain?

If cherry-picking is no longer of much, if any, relevance to understanding Brexit events, new considerations have emerged. One is whether, contrary to what I have said, the UK-US deal, whilst not in its provisions affecting what the EU and UK might agree, could do so by antagonizing EU leaders. As I said above, that could well have been part of Trump’s intentions in making the deal and, even if not, the agreement hardly showed the UK standing in solidarity with other targets of Trump’s aggression. Again, I discussed this in a recent post, pondering that, if such a deal happened, it might simply be regarded by other countries as understandable realpolitik. That remains an open question, but the positive reaction to the agreement from Germany’s new Chancellor Friederich Merz might at least suggest that this is possible.

The other issue is that of domestic politics. Here, Simon Nixon makes the interesting argument that the US and India deals have provided Starmer with political cover for a maximal reset, by presenting himself as having just delivered on the Brexiters’ key trade promises. That could be so, but what is quite clear is that the Brexiters’ attack on the reset is continuing to gather force, and Badenoch has already threatened (£) to reverse anything agreed that “betrays Brexit”. Such threats are now the most potent weapon in the Brexiters’ arsenal, and they (rather than previous concerns about cherry-picking) are the most obvious disincentive to the EU to agree to a substantive reset.

Equally, the sight of Keir Starmer not just rehashing Brexiter nonsense about trade deals but now invoking their ‘taking back control’ slogan when launching this week’s morally reprehensible, politically counter-productive, and economically illiterate anti-immigration crusade is hardly likely to inspire confidence and trust from the EU. It hardly matters whether Starmer really believes what he said, or whether it is dishonesty resulting from fear of the Reform Party. Either way, quite as much as Badenoch and Farage, he is showing that ‘Brexitism’ is entrenched and that he has no intention of trying to challenge it.

I’ve referred several times to my recent posts on this blog, including the last one, and sometimes mentioned occasions where my expectations have proved accurate, or defended what I’ve written against criticisms. However I will freely admit that one of the main arguments of the last post, to the effect that Starmer had the opportunity to challenge Farage head on, and ‘reset’ domestic politics away from Brexitism, has already been shown to be hopelessly naive. It is now clear that isn’t going to happen. Next week there should be a clearer sense of whether Labour’s approach to the reset with the EU is going to be another missed opportunity to start to deal with the damage of Brexit.

 

Notes

[1] It is always worth recalling that, any reset aside, the UK has still not implemented all of the provisions of the original Withdrawal Agreement, nor some parts of the Windsor Framework. Moreover, there is still no deal on Gibraltar, although reports this week (£) suggested (not for the first time) that one is imminent. Indeed, the resolution of outstanding issues, perhaps especially Gibraltar, may well be part of the conditions for a reset of any significance.

[2] In line with my normal practice of not ‘punching down’ by linking to individual social media accounts, except when they are those of public figures, I will not identify the poster in question. In any case, some others were almost equally unpleasant.