WHY BREXIT WILL NOT HAPPEN (revised)

In spite of the referendum, Brexit or not is still the responsibility of Parliament. Parliament does not abdicate. Its charge is to look after the wellbeing of the population and country, and it is not possible for Parliament to walk away from that responsibility, nor in its nature to do so.

That is clear enough constitutionally. The referendum was advisory. Parliament could have decided to make the referendum binding but deliberately did not. It retained in law the authority to make the final decision and is not constitutionally bound by the referendum.

It is also clear politically. As we have moved on from the referendum, circumstances have changed and we have learned more about the meaning and consequences of Brexit. Brexit on the terms suggested in the referendum campaign is not deliverable. It is Parliament’s job to decide on the impact of how things are working out and what we are learning.

Imagine you are an MP today. You look into the future. You see, from one side, coming towards you an avalanche of necessary public investments: in infrastructure, in defence, in housing, in education, in social care, in the NHS. And you see, on the other side, low growth, low investment, lagging productivity, skill shortage. That adds up to an economy that cannot generate enough public revenue for necessary maintenance of society. You cannot avoid the question of whether it is compatible with your responsibility to let the country cut itself off from its most important community of trade and economic partnership.

You look to the British national landscape. In Scotland, Brexit will give the nationalists the arguments they need to push through independence. The Union will break up. In Ireland, a new border, more or less hard, will cut through the island and disrupt the peaceful coexistence that has been achieved. The worst scenarios may or may not materialise, but you cannot avoid the responsibility for exposing the Union to high risk. You turned you back on that responsibility in sanctioning the referendum. You cannot do it again.

You look to your own institution, to Parliament. You there see no settlement and no coming together around any shared strategy for implementing the referendum. Parliament has asserted its authority and to some degree taken charge, and pulled towards Brexit moderation. It has refused the government a free hand. The government’s original hard Brexit strategy has been killed. The principles of payment and a transition period have been conceded. You have learned that Brexit is not a simple matter of cancelling a club membership and you are trying to sort out in your mind what it really means.

Parliament’s confusion mirrors the population’s confusion. There is no “will of the people” out there. There is division, as reflected in the snap election. The division in the population carries through into Parliament and the Cabinet, and into the relationship between Parliament and government. Parliament is refusing the government a mandate of clarity and the government can do no more in the negotiations than muddle through without initiative, determination or direction. The risk is high that there will be no deal. Most MPs sit on the fence. They believe it is in Britain’s interest to be inside the European Union and they believe they cannot go against the majority in the referendum. That dilemma remains unresolved.

Politics in Parliament are even more tenuous than they look. Not only is the government without platform or support, both major parties have leaderships that in the European question are at odds with the majorities in their respective parliamentary parties. Leavers do not trust Remainers, Remainers do not trust Leavers. Backbenchers do not trust the front benches, and vice versa. The government does not trust Parliament, Parliament does not trust the government. The parliamentary truce is phony and not durable.

The talk of the town in Parliament that reaches the public is “how Brexit?” The talk of the town in Parliament that, for now, does not reach the public, is how Parliament can extricate itself from the mistake it itself made in calling the referendum.

MPs fear the uproar it would create if they exercised their constitutional authority to override the referendum. However, they also recognise themselves to be caught up in a dilemma from which there is no happy outcome. The choice they see in front of them is between uproar now or long term damage to the country. What may look like a mess, is Parliament’s lumbering, convoluted, step-by-step manner of resolving its terrible dilemma.

CAMPAIGN FOR DEMOCRACY: AN APPEAL TO PRESIDENTS BUSH AND OBAMA

Look carefully. Something is happening in American politics. For the good. Democracy itself is striking back against the onslaught of anti-politics.

In Washington, Congress is doing its job and holding the zeal of an erratic president in check. Out in the country, states and cities are running policies of their own, on health care, climate change, gerrymandering, campaign finance and more.

We are seeing the volatility of the politics of anger. Anger is still involvement. Democracy would be worse off if the grass-roots were in apathy. Involvement can be turned from revenge to engagement.

In unrelated events but on the same day, October 19, George W. Bush and Barack Obama both stepped on to the political stage and spoke in defense of the values and principles of democracy.

Mr. Bush’s message, at a conference he himself convened, was stark. He spoke of fading confidence, a society torn apart by hatreds, the absence of common purpose, challenges to our most basic ideals, and the need to “recover our own identity.” Mr. Obama, for his part, had offered the same analysis in his final State of the Union Address, in January 2016. He called on his fellow Americans that “we fix our politics” to prevent “democracy from grinding to a halt.” A better politics, he said, “doesn’t mean we have to agree on everything, but it does require basic bonds of trust between its citizens. Democracy breaks down when the average person feels their voice doesn’t matter. Too many Americans feel that way right now.”

Much is at stake. Radical populism is sweeping America and Europe. The core democracies, the United States and the United Kingdom, are in crises of identity, following through to dysfunctional governance. Societies are torn asunder by extremes of inequality and animosity. Internationally, the People’s Republic of China is claiming the mantel of world leadership.

Leaders of authority in America and Europe are seeking to stimulate engagement from below to revitalize democracy. The George W. Bush Institute is launching a “call to action” to affirm democratic values and restore trust in democratic institutions. The recent Obama Foundation “summit” was a celebration of civic engagement trough examples of good practice. In Germany, President Frank-Walter Steinmeier is orchestrating a nation-wide deliberation for better understanding of the imperative of democracy. The concern is the same as expressed by Bush and Obama, to fortify the foundations of democratic culture.

The day Bush and Obama spoke for liberal democracy in America was also the second day of the Congress of the Chinese Communist Party in Beijing. Here, the leader Xi Jinping, who in his first five years has tightened all the screws of dictatorship, was celebrating, with audacious self-confidence, the superiority of autocracy over democracy.

In a comment (in the Süddeutsche Zeitung), the German author Kai Strittmatter called on the liberal democracies to “find their voice” up against the challenges of a threatening new world order under a totalitarian power state. Chinese autocracy promises prosperity on the condition that citizens give up their liberty. Liberal democracy promises both prosperity and liberty. Democracy has the moral high ground. But during his recent trip to Asia, the American president, the leader of the free world, had nothing to say about even basic human rights. The voice of democracy is not heard.

The politics of anger can go both ways, to more revenge or to more engagement. It is not unusual these days to find opinions in the press that democracy has had its day and is finished. But experienced leaders like Bush, Obama and Steinmeier are telling us that there is engagement out there waiting to be mobilized.

The time is right to turn from despondency to action. That requires a catalyst to tilt the balance. Democracy is ready to strike back, but that will not just happen, it must be taken in hand. As always, the democratic world needs American leadership. If America can “recover its identity” it can help the rest of us to “find our voice.”

Mr. Bush and Mr. Obama have committed themselves. Let us ask these two most recently retired Presidents, who, from each side of the political divide, see the same problem and understand the urgency of action in the same way, to join forces. Let us ask them to teach us that our divisions are not irreconcilable. Let us offer to join them with our engagement. Let us ask them to make themselves the catalyst of the democratic revival that is ready to happen. Let us ask them to merge their formidable authority to mobilizing groups and communities into a Campaign for Democracy. Let us ask the Campaign for Democracy to spread through the democratic world.

GET THE GOVERNMENT OFF MY BACK!

Did I hear you saying that: get the government off my back? People do. They are tired of interference, regulations, taxes, the nanny state. They think that governments do what we could do better ourselves. President Reagan, in his first inaugural address put it thus: “Government is not the solution to our problem; government is the problem.”

But be careful what you wish for. If government interference is a burden, its absence is much worse.

To see how, visit Italy. Start in the north where you find yourself in the comfort of a normal developed European country. Then board the high speed train in Rome for Naples, an hour or so south, and you step into the underdevelopment and squalor of a third world city. Here, economic and social life is saturated by organised crime to such a degree that normal governance is not possible, and the city and its people suffer for it. The Centro Storico, although a World Heritage Site, should have been a beautiful European old town, as those in, for example, Vienna, Prague, Riga or Stockholm, but is instead a neglected and dilapidated slum.

Nor would you find much evidence to suggest that what government does not do, people take care of themselves. One of the things that is neglected in Naples is the collection of rubbish. I guarantee you that will not stir you to start cleaning up the mess yourself. Far from it. Say you have in your hand the wrappings of an ice cream and can find no bin that is not already overflowing. You will say to yourself: if no one else cares, why should I? And you will throw the wrapping where it may fall. Government neglect begets not private initiative but also private neglect. Functioning governments do not just do things, they also, importantly, signal to citizens and set standards.

To see this explained, head north again, now to Siena and its Palazzo Pubblico. Here, in the Sala della Pace, is Ambrogio Lorenzetti’s Allegories of Good and Bad Government, commissioned by the Republic’s governing council in 1338. In the central mural, a figure representing wisdom lays down the principles by which the city should be ruled, such as justice and magnanimity. To one side is another mural displaying what follows when these principles are obeyed: a thriving city of activity, trade and development with happy people living under the protection of the angel of security. To the other side is yet another mural in which a tyrant sits on a box in which justice has been locked away in a city of torture, death and decay.

These allegories are remarkable considering the time in which they were created. First, good and bad government follow not from religious blessing or damnation but from secular values, the core one being justice. In today’s language: from a sound constitution. Second, good governance results not from governors being given free powers but from their being constrained by the rules of justice. In today’s language: not from autocratic strength but from democratic controls. Third, in the causality that is displayed. First comes good government, then follows prosperity, happiness and security. In today’s language: freedom is not a luxury that people may hope for once power has enabled prosperity. It is where there is freedom that prosperity follows. What was built on these walls, then, almost 700 years ago, was a sophisticated theory of government and its conditions and consequences, and one that even now presents itself as entirely modern.

On a recent visit to Siena’s Palazzo Pubblico, it happened that today’s City Council was in meeting in the room above the Sala della Pace. They were discussing renovation, which is in good hands in the city. So, no doubt, does the City Council in Naples from time to time, but there, Council decisions are not capable of following through to practical action. In Siena, the government keeps the city clean in spite of a flood of tourism that the businesses in Naples’s Centro Storico can only dream of.

Since the time of Ronald Reagan and Margaret Thatcher, we in advanced democracies have been trapped in a fruitless debate for or against government, with confidence in government having been undermined. Even the catastrophic government failure of the crash of 2008 does not seem to have overturned the paradigm of small government. What we should want is not necessarily big government but certainly good government, something that is not possible under the gospel of small government.

To regain confidence in the virtue of good government, go to Italy and learn from both contemporary evidence and historical wisdom.

A DEMOCRATIC CASE FOR CATALONIAN SECESSION?

There is without doubt a strong movement within Catalonia for secession from Spain. Regional leaders, now Carles Puigdemont and before him Artur Mas, have claimed that they have a democratic mandate from recent elections and now the disrupted referendum.

But do they? What is the democratic argument in the matter?

Whether or not there is an electoral majority in Catalonia for secession is not clear. If there is, it is at best a small majority, with a large minority remaining in favour of Catalonia staying within Spain. Is a small majority, if there is one, enough for a democratic mandate for so large a move?

Two main rules of democracy are:

  • in the end, the majority decides,
  • in so doing, the majority has a duty to respect the interests of relevant minorities.

Democratically, the question of whether Catalonia remains a part of Spain or leaves the union is to be settled by a majority. But which majority?

People who live in Catalonia have an interest in the matter. But so do the people who live in the rest of Spain. If Catalonia were to secede, the remaining Spain would be a different country. The relevant constituency in the matter, then, is all Spanish people. Even a majority in Catalonia is a minority in Spain and can have no democratic right to change all of Spain. This principle was recognised, for example, in the 2014 Scottish referendum on independence. The right to hold that referendum was constitutionally given to Scotland by the British Parliament (in what is known as an ‘order in council’) after negotiations between the British government and the regional Scottish one.

Catalonian pro-secession leaders may be right that they have a democratic mandate of sorts. But if so, the mandate is only to seek secession. There is no democratic mandate for people in Catalonia on their own to decide on an important matter that effects all of Spain. For a Catalonian referendum, for example, to be democratically valid, the rest of Spain, as in the British case, must, at the least, have conceded to Catalonia the right to hold a referendum and agreed to abide by its majority.

How strong, then, is the mandate? Since there is (at least) a large minority within Catalonia against secession, the mandate for secession must be said to be a weak one. The minority has a right to have its interests respected. The question of independence is one of great principle. A small majority in a population hardly has a right to simply impose its will on a large minority in an important matter. The mandate to seek secession, if there is one, must contain a duty to persuade the doubters. Before Catalonian leaders could argue the case for secession with force in front of the rest of the Spanish population, they would need to show that they have at last a solid majority in their own population behind them.

The strength of the mandate is influenced, further, by the reasons that are given in favour of secession. In a founding text, the American Declaration of Independence, it is stated ‘that Governments long established should not be changed for light and transient Causes’ and that the ‘Right to throw off such Government’ arises only as a result of ‘Abuses and Usurpations [and] a Design to reduce them under absolute Despotism.’

The Spanish union is long established. The government is democratic and no group or province within Spain is under despotism. From the Catalonian side, it does not seem that strong arguments are given for secession, and certainly nothing of the kind suggested in the American declaration. It seems mainly to be a case of resentment. It is said within Catalonia that the relatively wealthy province is being forced to subsidise poorer areas in the country. But that kind of redistribution is standard in a well-governed country and obviously nothing like despotism.

However, the Catalonian leaders may still have a democratic mandate to seek independence. They therefore represent a minority within Spain with a valid interest in a vital matter. The rest of Spain therefore has a duty to respect the interests of that minority. One way to do that might be to negotiate with Catalonia for a different constitutional settlement.

But, again, if such negotiations were to result in proposals for a radical centre-provincial realignment, the democratically relevant constituency for ratifying the realignment would be the entire Spanish population, for example as represented in the national assembly, the Cortes.

WHY BREXIT WILL NOT HAPPEN

Parliament is moving towards preventing Britain from exiting the European Union. It is not there yet but in its lumbering, convoluted, step-by-step manner, that’s where it is heading.

Parliament carries the charge and responsibility of protecting the British people’s interests and well-being. It is not going to sit by and allow the country to cut its legs off. Critics of Parliament, such as myself, are often in despair of its ineffectiveness, but the historical experience is nevertheless that in the big questions, in the end, Parliament comes through.

Since the referendum, there have been huge shifts in Parliament in how to deal with the outcome. We started with the government’s determination to implement hard Brexit with minimal involvement by Parliament. Hard Brexit is now off the agenda and Parliament has asserted itself and continues to do so. It is denying the government any unambiguous mandate for how to negotiate in Brussels.

Parliament has enforced the acceptance that there must be a transition after the completion of negotiations in which Britain remains a member of the Union for some as yet not determined period. The view is strengthening that Britain must remain in the single market, which is code language for continued membership. The Norwegian solution of being part of the single market without membership of the Union – accepting the rules with no say in the making of rules – is impossible for a big country. The Labour Party has moved to the single market position, for (as they say so far) an indefinite period.

After the failed general election, there is a confusion of ambivalence in Parliament which perfectly reflects the confusion of ambivalence in the population. There are criss-crossing views in Parliament on Britain and Europe, with constellations in constant movement. In neither of the big parties are the leaderships representative of their respective parliamentary parties. Everything is in flux. Nothing is settled. Members of Parliament collude in corners and corridors day in and day out. The huge shifts we have seen so far are in continues motion.

More is known about the consequences. The argument that Brexit would be simple has been disproved. The argument that is would save money has been disproved. The argument that it would be economically costly has been proved: the British economy is now worth 10% less to the world.

The risks have been clarified. Trade and investments will suffer. The union will break up: Brexit will give the Scottish nationalists the arguments they need to carry the day. These risks may or may not sway public opinion but in Parliament they matter.

Can Parliament overrule the majority in the referendum? It is no simple matter for it to so do and it will, to put it carefully, be problematic. But, referendum or not, Parliament carries the final responsibility.

Parliament has the formal right to overrule the referendum. Constitutionally speaking, the referendum was advisory. In the British constitutional tradition, Parliament is sovereign and that sovereignty was maintained in Parliament’s remit for the referendum.

It also has the moral right. It has obeyed the referendum and started the process. That has moved us on. The facts have changed. Matters have been clarified. We know more. Parliament has a duty to deal with the world as it is and is not bound to dealing with it as it was.

The emotive language following the referendum is “the will of the people.” But there is no single “will of the people.” The population is divided, even in the referendum pretty equally. It is for Parliament to work itself through divisions in the population towards a reasoned position in which it pays heed not only to the (small) majority and the (large) minority in the referendum but also to the interests that were not reflected in the referendum, notably of the young who (regrettably) did not vote in the numbers they should have.

BREXIT – THE PIANO LESSON QUESTIONS

Thanks to support from the European Social Fund, our local Adult Community College is able to offer beginners’ courses in the piano, allowing some of the good people of our town to enjoy the pleasure of hearing music arise from the work of their hands. If that support were to fall away, the College would have to rearrange its curriculum and the piano courses might fall victim. If Britain exits the European Union, our participation in the European Social Fund would presumably come to an end.

This link between the European Union and local piano lessons gives rise to some questions:

  1. How deep is Britain’s integration in the European Union? The EU, it turns out, is not only about trade and borders. The Union is a partner in education, cultural life, regional policy and much more, down to the smallest detail. Innumerable Community Colleges and other local organisations up and down the country operate thanks the EU support. The biggest beneficiaries from the Social Fund are the west of Wales and Cornwall. In the decades since Britain joined, EU integration has deepened constantly. Leaving the EU will affect every strand of our social fabric. The national funding of Community Colleges, for example, is premised on part of their funding coming via the EU. If they are to continue their activity, there will have to be a new base of funding.
  2. Will new funding be available to Community Colleges once funding via the European Social Fund falls away? Probably, no one now knows. Do our negotiators in Brussels have the matter on their radar? Are plans being made in Whitehall so that Community Colleges will be able to maintain their range of activity? My guess is that this and many other fallouts from Brexit are in limbo.
  3. If new funding is to be made available, who will pay? It will have to come from government sources somewhere. That means that on this account there will be no saving for the Treasury from Brexit. What Britain now contributes to the Social Fund, will have to be reallocated to the institutions now benefitting from Social Fund support. This is emblematic of one of many Brexit illusions, that there will be massive savings to the taxpayer. If social and economic quality is to be maintained, activities now funded from Brussels will have to be funded from London.
  4. If new funding is not made available, who will suffer? In the case of the piano lessons, it will be the good people of our town who will have to abandon their musical ambitions or pay for more expensive private tuition. There will be a cost in the form of less social quality. Even an interim of confusion will do harm to Community Colleges and similar activities throughout the country.

This example of the link between the most mundane little local activity and European integration is illustrative of a Brexit paradox. In large measure, Brexit will mean that what is now done in partnership between British and European institutions will have to be done by British institutions on their own. That represents a massive reorganisation for little or no purpose. As is seen in our local piano lessons, things now work. Why repair what works?

Of course, what is now done in partnership between British and European institution may not be continued by British institutions on their own. If so, Brexit will result in an erosion of economic and social quality.