The Windsor Framework

Dan Kitwood UK in a Changing Europe

The ‘Windsor Framework’ agreement between the EU and Britain to maintain or replace (take your pick) the Northern Ireland Protocol to the Brexit Withdrawal Agreement is a truly remarkable document.  It allows Northern Ireland to have free access to both the EU single and UK markets for goods.

The British Prime Minister visited to ensure we knew how great this was even though, as a staunch Brexiteer, he had helped ensure that Britain walked away from this “privilege”, this “prize” that put Northern Ireland in a “unique”,  “unbelievably special position” . . . ‘like the world’s most exciting economic zone”, that ensures we are an “incredibly attractive place to invest for businesses”.  Perhaps the most fulsome declarations against Brexit I have ever heard.

Yet the truly remarkable factor is that such an arrangement is supposed to be impossible.  When Russia claimed that Ukraine could have close trading relationships with the EU and also with its own Eurasian Customs Union, the EU claimed it couldn’t be done.  Ukraine had to look decisively West and could not continue its attempts to straddle between it and Russia.  We know, of course, that this provoked the Maidan uprising in 2013-2014, when the Ukrainian President decided that the price of greater access to the EU and erecting barriers to Russia was too high.

Ukraine split over his decision, with the open intervention of the United States, repression by the Ukrainian security forces, violence by protesters and seizure of weapons by pro-western elements, including the far right and fascists.  This led to a counter-mobilisation in the East of the country among pro-Russia Ukrainians and a civil war that led to Russian armed intervention in Crimea and then Donbas.  The conflict never really ended and, of course, we know that this eventually led to the Russian invasion and the proxy war between the US with its NATO allies, and Russia.

So, why is it that what has just been achieved in the North of Ireland could not be done in Ukraine?

The answer, of course, is that the decision in respect of Ukraine was a geopolitical one aimed not just at Ukraine but against Russia, even if some claim that the bureaucrats in Brussels did not fully appreciate this aspect of what they were doing.  In any case, the new ‘Windsor Framework’ is essentially a political agreement with political significance that does not primarily lie in the North of Ireland.

It has been pointed out by commentators that the EU and British have put entirely different spins on the significance of what has been agreed, with the former claiming that it has not “renegotiated the protocol” while the British have claimed that the deal “fundamentally amends the text and provisions of the original protocol”; lots of ‘dancing on the heads of pins’ according to one journalist.

Nevertheless, the protocol stays, there remains a ‘border on the Irish sea’ and not inside the island, and the fundamental relationship between the EU and Britain remains.  The EU has made concessions and the British have agreed measures that the EU thinks it can live with which minimise physical and other trade-related interventions.  The EU Q&A is replete with references to the limits of its flexibility. So, the trusted trader scheme can be suspended if ‘1) the UK fails to provide the EU with access to the relevant UK IT customs systems and databases, or 2) the UK does not live up to the commitments it undertook when setting up the trusted trader scheme.’  On excise ‘the UK will not be able to apply any duty rate below the EU minima’; on duty rates for small producers of alcoholic beverages ‘the UK will not be able to set duty rates for small producers below EU minima rates. The respect for EU minima rates will protect the level playing field with the EU’ etc.

Breaches of the controls are inevitable, but it must be considered that these are going to be relatively unimportant.  Northern Ireland is both small and peripheral and ultimately so in the political sense as well, a far cry from Ukraine.  The EU was quick to claim the deal as a one-off, so the Swiss can’t follow up on it.  The significance of the deal agreed lies in the British acceptance that the road is running out on hostilities with the EU, a project that is taking its Tory sponsors to electoral defeat.

The deal is not however the last word.  The disapplication of EU laws is still winding its way through Westminster and controls on imports to Britain have still not been introduced; Brexit has still not been ‘done’.  The ’Windsor Framework’ has still to be implemented while deadlines for the various steps are part of the agreement.  Beyond this, the problem of continued divergence between the EU and Britain remains, as does its potential impact.  While on the British side the debate is about the extent of future divergence, or even its advisability, on the EU side the debate will be about the potential benefits of further deepening, where consideration of its effect on relations with Britain will be a minor concern. 

The major innovation beyond the rather technical aspects of trade policy is the introduction of a ‘Stormont Brake’, as an ‘emergency mechanism that will allow the UK government, at the request of 30 Members of the Legislative Assembly in Northern Ireland (Stormont), in the most exceptional circumstances, as a last resort . . . to stop the application of amended or replacing provisions of EU law . . .’

‘The Stormont Brake can be triggered only after having used every other available mechanism, and where the amended or replacing EU act, or a part of it, significantly differs in scope or content from the previous one and application of such amended or replacing act would have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist. . . . If triggered and if the conditions are met, the amended EU act would not apply automatically in Northern Ireland.’

This represents the introduction into the workings of the Protocol a mechanism akin to the ‘petition of concern’ introduced in the last British initiative to save the Stormont administration–New Decade, New Approach–meant to get Stormont to work after the previous breakdown.  The original devolution arrangements, meant to demonstrate that the Northern Ireland polity could function ‘normally’ and without conflict, introduced powers of veto for each sectarian bloc as a key incentive to make them work it.

The petition of concern was meant to be a last resort insurance-type mechanism but was reportedly used 115 times in five years, a testament not to it working, or to the number of issues absolutely vital to one side or the other, but to the degree of sectarian division.  It has quickly been speculated that the restrictive grounds of its use, mirrored in the wording of the new deal as set out above, would make no difference to the willingness of unionists to paralyse the Protocol agreement with the EU.  There is no reason why this might not be the case except for the different circumstances of the ‘Windsor Framework’.

Like the ‘New Decade, New Approach’ deal, it requires 30 members of Stormont to trigger it from at least two parties, and since there are 37 unionists out of a total of 90 members, this looks eminently possible, even accounting for those specifically excluded.  Once triggered it would take a harder to procure ‘cross-community’ vote to allow any suspension of a new EU law to be lifted.

While there are various other, on the face of it, rather onerous requirements, including for consultation, the key difference is that the British government is required to apply the veto on any new law, and the British government is not going to do this if it is not in their interest as well, regardless of what unionists think.  If it does, the EU can then take retaliatory measures that are proportionate.

It is just about feasible for unionists to repeatedly attempt to apply the brakes, but this would lead to ridicule for themselves and their Brexit cause, and would fail, not mainly because of this but because the British government is in charge.  The British, by making the agreement in the first place and failing to meet the Democratic Unionist Party’s seven tests, have shown that the demands of unionism are not its priority.  

The Stormont Brake has been characterised as a carrot to unionism but one that requires the DUP to return to Stormont and end its boycott, as it can only be triggered in a functioning Assembly.  The offer of a veto is thus a sardonic judgement on the power of the veto the DUP already wields.

It was widely thought, even before the appearance of the new deal, that the DUP would play for time so that it would withhold judgement before the local elections in May.  These, it is thought, would reveal the verdict of the majority of unionists on the deal to be negative, or certainly negative enough to damage the DUP should it accept it.  This would hardly be a surprise since an oft-repeated unionist expression is ‘not an inch’.  Unfortunately, it cannot retake the ground itself and the crisis is of its own making – by supporting Brexit, accepting the different circumstances of Northern Ireland, opposing the alternative Theresa May deal, even if it could have worked, and the initial support it gave for the Protocol’s benefits.  This leaves it ill-prepared for a battle against the British government.

Postponing decision on the deal might appear smart, especially since the party is divided, but it might not take that long before this looks weak, and vulnerable to accusations from rivals that it is.  The main rival is Traditional Unionist Voice, which is a one-man band, which itself illustrates the hollowness of unionist opposition. This, however, can just breed frustration and anger.  Far from protecting themselves, DUP delay may simply strengthen unionist opposition by opening the door to those willing to be clear and forthright, with resignation developing among others of its supporters.  In any event, in local terms, the Windsor Framework is a defeat for unionism.  You can tell this, when even the King gets it in the neck.

The significance of David Trimble

Trimble and Paisly at Drumcree (Belfastlive.co.uk)

The death of David Trimble will not be marked by the same fawning saturated media coverage of his fellow Nobel peace prize winner John Hume.  When the two winners were announced many nationalists thought he didn’t deserve the prize but was awarded it because it could not be given only to a nationalist.  It was part of the whole ’equality of the two traditions’ motif that characterised the whole process.

It wasn’t so much because of the personality traits that even respectful obituary writers found impossible not to mention of him.  That Peter Mandelson said he had ‘never encountered anyone as rude in my life’; or that he had a ’notorious temper’ passed down from a grandfather who was in the Royal Irish, and then Royal Ulster, Constabulary; or that he was argumentative just like his father.  Neither was it his arrogant angry public persona.

Bertie Ahern in ‘The Irish Times’ couldn’t help noting that he had ‘a short fuse’; the obituary in ‘The Irish News’ labelled him ‘to some extent a cynical politician’, and ‘The Belfast Telegraph’ political commentator stated that ‘he was a hard man to like.’    Much the same could be said about Hume, although he usually hid it better.

For someone who was a unionist politician for decades and then leader, it says something that Arlene Foster, who trod the same path, thought it necessary to state that ‘I never doubted that David fundamentally believed in the Union’, which must sit beside other observations that the Pope is a Catholic.

The much-hyped achievement of peace following historic agreement between the two sectarian tribes appeared as the pinnacle of Hume’s work and long political career.  Trimble, on the other hand, had not been so prominent for so long and when he did appear he did so as the next voice of unionist intransigence and supremacism.

His earliest notoriety came as a member of Bill Craig’s Vanguard movement, which is the closest unionism came in ‘the Troubles’ to becoming a mass fascist movement.  He also played a role in the Ulster Workers Council strike in 1974 that brought down the Sunningdale power-sharing agreement and which succeeded not simply because of extensive unionist opposition, but crucially because of widespread paramilitary intimidation and the complete failure of the British state’s armed forces to challenge it.

He then came to prominence in 1995 when he walked arms aloft with Ian Paisley as they celebrated the disputed march of Orangemen through the Catholic Garvaghy Road in Portadown, in what was seen as another act of sectarian triumphalism. This was widely seen to break the deal brokered previously to avoid residents having their noses rubbed in it, something he denied. But given the prominence of the dispute at Drumcree over a number of years and the loyalist killings associated with it, it was viewed as a victory over the whole Catholic population.

This action however helped him win the leadership of the Ulster Unionist Party shortly after, and his reputation for being hard-line was reinforced when he met the loyalist paramilitary killer from the Portadown area, Billy ‘King Rat’ Wright, during the Drumcree dispute the following year.

Thus, while Hume’s actions in giving birth to the Good Friday agreement appeared consistent with his prior political activity, Trimble’s role could only be presented as some sort of conversion, necessary to sell the Belfast Agreement as not some sort of unionist victory.  As we can see from Arlene Foster’s remarks, this proved difficult.

Victory may come in many colours but plenty of unionists believe it can only come with red, white and blue ribbons.  And this was Trimble’s problem, his achievement and his significance.

While it is claimed that the Good Friday Agreement was the creation of Hume and Adams it was built by the British.  The role of Hume and Trimble was to modify it as they were able and sell it to their constituencies.  That it is estimated well over 90 per cent of nationalists voted for it shows that this was not a difficult job for Hume.  Not so for Trimble.  Various numbers are quoted for the level of unionist support in the referendum that approved the deal, but the highest that looks reasonable is 57 per cent. And Trimble’s problems only started there. 

His even more difficult fight was within his own party to defend the deal, with repeated confrontations taking place within the Party’s ruling Council involving those opposed to the Agreement who sought to get rid of him.  At the meeting in May 2000 Trimble won only narrowly by 53 to 47 per cent.  The Party split, a part led by Jeffrey Donaldson joining Paisley’s DUP, which quickly became the main unionist party.  In effect, the majority of unionists now opposed the Good Friday Agreement; something studiously ignored by the media who don’t want to register this fact as the underlying reason for the repeated failure of the new Stormont to work as intended, even when it is sitting and not otherwise in suspension, as it is today.

Supporters of the Agreement, especially nationalists, must therefore acknowledge that they owe more to David Trimble than they might care to acknowledge, for given their enthusiasm for it his personality and previous history is secondary.  The relative failure to celebrate his role is understandable since his sectarian constituency just about voted for the deal at the time and without the enthusiasm of Irish nationalists.  But that is why his role was important in a way Hume’s was not.  Since then, of course, their approval has fallen and the deal has been subject to changes unaccompanied by the initial hype.

The failure of his achievement in the Agreement to bring the stability anticipated could not be ignored in the obituaries but we have been told that while ‘it has many flaws’, compared to the alternative ‘it is infinitely preferable’ (John Manley, ‘The Irish News’).  For ‘The Irish Times’ obituary writer ‘it is better than the alternative: another failed powersharing experiment and a possible return to violence . . .’

It is a moot point whether instability due to lack of a deal in 1998 is worse than instability as a result of its existence now: whether instability resulting from continued search for a deal is worse than that arising from the achievement of a deal that continually breaks down.  From the start the absence of widespread political violence has been identified with the Good Friday Agreement by politicians and the media but the origins of the deal and the experience of its (non) operation show the two are not the same.  That such identity is required is explained by the lack of any other merit to the sectarian arrangements put in place that repeatedly fail and fall over.

Trimble was a reactionary and the Belfast/Good Friday Agreement he fought tenaciously for was no exception.  Latterly he was a keen exponent of Brexit and opponent of the Northern Ireland Protocol.  So much for the politics of stability.

‘The Irish Times’ obituary records that the standout line in his Nobel peace prize acceptance speech in Oslo included the remark that Northern Ireland had been ‘a cold house for Catholics’.  This, however, is a euphemism for decades of discrimination and repression.  The Agreement he fought for was designed only to make modest changes to what was considered a modest injustice.  Turning the heating up was not a solution to a house that should be condemned. 

The Assembly elections and Brexit

The Assembly elections a month ago saw Sinn Fein become the largest party and entitled to nominate the First Minister of Northern Ireland.  The election was heralded as historic with an Irish nationalist taking the post for the first time.  Nationalists celebrated, although without much celebration, pointing to the irony of the ‘Protestant state for a Protestant people’ being headed by a (Catholic) nationalist.  Whether this was doubly ironic was not considered – what is the imperative to dismantle the Northern state if it is no longer able to guarantee its original purpose of sectarian supremacy?

Very symbolic, everyone agreed.  But beyond this obvious reversal, symbolic of what?

Perhaps the heralding of border polls North and South that would deliver a united Ireland?

This blog has argued that such unity is some way off and there does not yet exist a majority for a united Ireland in the North. Sinn Fein’s victory confirms this.

Despite declaring the election ‘historic’, turnout was slightly down from 64.78% in 2017 to 63.61% last month.  Sinn Fein appears to have cannibalised the nationalist vote rather than extended it, as its share increased by 1% and that of the nationalist SDLP fell by 2.9%.  As a share of the total vote the nationalist total amounted to 40.93% (353,069 votes), when including votes for People before Profit and the Irish Republican Socialist Party, (on the grounds that their position on the national question involves support for a united Ireland).

A point made here before however is that the national question will not be confined to purely national questions whenever it comes to be posed as a realistic possibility.  The ‘conversation’ campaigned for by Sinn Fein about such possibility does not make it probable.

The combined vote of unionist parties was only just under 4,000 less than the nationalist total at 40.47%.  Its composition changed however, as some DUP voters found something even more reactionary to vote for – the Traditional Unionist Voice vote increased from 2.55% to 7.63%, increasing more than three times absolutely.  Sinn Fein became the largest Party only because of Unionist division. Its prominence is therefore symbolic of what caused this division and weakening of unionism.

Since it might reasonably be expected that voting in a border poll will entail different considerations and additional incentives to participation it is necessary to consider what the election results imply for the outcome of a border poll.  If we consider the Sinn Fein result not just in terms of those who voted (29%) but as a share of the electorate as a whole (18.5%) we can see the scope of the potential impact of any increased turnout.

It is assumed that the 2021 census results that will come out relatively soon will record an increase in the Catholic share of the population and decrease in the Protestant. The last Census in 2011 found 45.1% of the Northern Ireland population were Catholic, with 48.4% from a Protestant background.  More importantly, religious background does not map directly onto political allegiance – the 2021 Northern Ireland Life and Times (NILT) survey reported that 32% of respondents identified as unionist, 26% as nationalist and 38% as other.  An examination of support for the Alliance Party illustrates the complexity.

It was held up as the real winner of the election, heralding not the victory of Irish nationalism but of ‘the centre ground’ in which the ‘constitutional question’ is not primary.  The party’s vote increased to 13.53% (116,681 votes) from 9.05% (72,717 votes), or an absolute increase in votes of 60%.

The Party originates as a straightforward Unionist Party with a clear position on the border but has moved away from presenting as a non-sectarian unionist party to a party variously described as neither unionist nor nationalist, as ‘other’, agnostic on the border or simply seeking to relegate it to the future. Beyond this, the Alliance Party has never shown that it is any real opposition to most of the reactionary policies pursued by either Irish nationalism or Irish unionism.

The weakness of this is obvious.  The national question is not one that can forever be avoided and the context and terms in which it is presented will go a long way in determining responses.  It will not simply be a question of recording existing opinions but a political struggle to change them, which will be heavily impacted by economic and social developments that will be driven by outside forces, as we have already seen through Brexit.

Most people already have a view, even Alliance voters.  The NILT survey is reported as showing that over half of all Alliance voters supported membership of the UK while only 35% of it from a Catholic background supported a united Ireland. When we consider that some (minority) of nationalists, in the SDLP for example, may not vote for a united Ireland and that the majority of those who do not vote will be from a Protestant background, the odds on a vote for a united Ireland are fairly long, as is the timescale in which it might become otherwise.

What has heightened speculation has been Brexit and the economic and political effects of unionist support for it, including through some unionists finding themselves voting against it.  While the DUP strongly supported it, and the hardest version of it they could get, the Ulster Unionist Party opposed Brexit, although it left it to its members whether they could support it or not.

The reverberations from the inconsistency between the anti-Brexit view of a minority of unionist voters and its most prominent leaders is not something that is going to go away. Brexit is not a one-off move, as many of its supporters believe.  Far from being the achievement of ‘freedom’ it involves increasing separation from Europe with all the negative consequences that it will continue to bring, for as long as it is implemented as it is currently.  What is really symbolic in the circumstances is the large number of unionists getting Irish (EU) passports (even some who voted for Brexit).

Trade between North and South has increased dramatically while trade between the Irish State and Britain has reduced as some of this is re-routed from the direct crossing via Dublin port to Northern Ireland and then into the Irish State.  This in itself matters because the Irish State is no longer significantly underdeveloped compared to Britain.  It is no longer clearly the case that people in the North would be significantly worse off if they lived in a united Ireland, on top of which the sectarian aspects of the Irish State have diminished, although far from disappeared.  What were once absolutes have been, and are still, in transition.  It is the North that now looks backward and parochial to increasing numbers of people across the island.

What is of more immediate importance is that despite claims to having got Brexit done, the Tory Government has demonstrated that it hasn’t got anywhere near it.  This is most obvious with the dispute over the Northern Ireland Protocol but is also shown through more delays to the introduction of controls on EU goods imported into Britain; plus the failure to gear up its own regulatory bodies to perform the functions previously carried out at EU level, and continued complaints of exclusion from European initiatives such as the Horizon scientific research programme.

The DUP is now refusing to join the Executive of the devolved administration and to allow the newly elected Assembly to operate.  It claims that the Protocol has impacted on the constitutional position of Northern Ireland as part of the UK, even though Jeffrey Donaldson has previously specifically dismissed such a claim, and the Party’s previous leader attempted to argue its positive impact on the local economy.

The DUP’s problem is not that Brexit has failed but that it has succeeded in demonstrating that it was a mistake.  The Protocol that was necessitated by the hardest Brexit the DUP could support is held up as being to blame for weakening political links to Britain. It dishonestly claims that it fundamentally impairs Northern Ireland’s constitutional position as part of the UK while nationalists equally dishonestly claim it has no significance at all.

While the DUP opposes the Protocol and nationalists support it both want it changed, and both want to pretend and ensure that Brexit can and will have little or no impact on trade. While both claimed before the vote that Brexit would have big consequences they now want to pretend it can have next to none.  It is claimed that the frictions and additional costs to trade can be more or less ameliorated and risks to the integrity of the EU’s Single Market minimised if not ignored.  

All are in reality, or so it is claimed, united on a ‘landing zone’ for a deal in which goods from Britain destined for the Northern Ireland market go through a radically different procedure than those being forwarded to the Irish State.  In this the business lobby is widely quoted as the experts without any particular agenda.

Already the EU has signaled that there can be dramatic reductions in checks but that this requires access to information, data flows and means of assurance that the British have so far refused to give, contrary to the Protocol they agreed and signed. Despite claims to the contrary the risk to the Single Market is not zero, and the British Foreign Secretary has already boasted of the future ability of Britain to import into Northern Ireland agricultural products from the rest of the world that would not be allowed into the European market.  This is not to mention other British objections around state aid and governance etc. that the EU will not accept.

The DUP hitched itself to Boris Johnson’s Brexit and was betrayed through his agreement to the Protocol, an agreement the Brexit Tories had no intention of keeping.  For the Tories, the Protocol gives them the advantage of continuing to rally their support around a Brexit struggle they claimed to have already won, while offering some hope that they can leverage any EU concessions into the wider Trade and Cooperation Agreement.

For the DUP, reversal of previous claims that the Protocol is no threat and had positive economic impacts, provides an avenue for them to regroup from their mistakes and attempt to regain their position as the biggest party and therefore entitlement to the post of First Minister.  It was their idea to change the rules so that the largest party could claim this post, which had previously enabled it to demand support from unionists in order to prevent Sinn Fein capturing it.  If they can get sufficient concessions on the Protocol it can wait for another election, claim the credit and then get back to displacing Sinn Fein as the biggest party.

This requires reliance on the Johnson Government continuing to dispute with the EU but also ultimately coming to an agreement. Despite a continuation of the dispute being a reminder that Johnson did not ‘get Brexit done’ it is the only route he has to protecting his position inside the Conservative Party and providing some sort of cover for Brexit’s negative consequences.   The introduction of the legislative route to overturning the Protocol builds some delay to actually having to break from it or swallow defeat. This is obviously not sustainable in the longer term and is less and less convincing in distracting from Brexit’s failures. In these circumstances The EU has little reason to accept British demands.

The DUP will find it difficult to retreat while Johnson pretends he can face down the EU, and Johnson has become such a liability his policy of asking the punters why he did Brexit in the first place, and sticking a crown on pint glasses, will not cover for his mess.

The victory of Sinn Fein might be symbolic, but it arises within circumstances more important than such symbolism. It might herald a position in government office North and South of the border but the border will still be there and, as usual with its successes, it will illustrate that what is good for it has only remote connection to what is good for the Irish working class.

Stormont falls again – Brexit on loop

The decision by the DUP leader, Jeffrey Donaldson, to collapse the Northern Ireland Executive was a bit of a surprise, but it only evoked the sort of reaction among many people of – ‘whatever’.

He had set so many deadlines and made so many declarations of his seriousness that most people had begun to take it as background noise.  It’s not as if the Stormont Executive hasn’t collapsed before.

Those more interested couldn’t help recalling that he supported Brexit that gave rise to the NI protocol in the first place, and his claims about the damaging effects of it sit uneasily with his previous statement that he could live with the loss of 40,000 jobs as a consequence of Brexit. 

The timing of the announcement makes no sense except in narrow party terms; as an attempt to shore up a vote that looks like it has fallen by a third: from 28 per cent in 2017 to one opinion poll recording 19.4 per cent today. All a result of the ‘existential threat’ to the union which Donaldson claims the Protocol represents but to which his party was midwife.  

On top of this disastrous strategy we can factor in the shambolic removal of one leader only to have to get rid of her replacement in a matter of days. A party previously dominated by one messianic personality now looks at a crisis with no authoritative leadership at all.

The threat to its vote has appeared to come from two sources: from an even more rabid unionism but also from those less extreme who can see the party’s responsibility for the mess.  In an effort to shore up support there could never be any doubt as to which side the DUP would seek to win back.

The weakness of its position is evident not just because its own policy clearly led to the Protocol but that its strategy is still to rely on the word of the most untrustworthy politician ever to hold the job of British Prime Minister, and that is a very high bar, especially when it comes to anything related to Ireland.

Donaldson revealed only a day after his decision that Johnson had told him that there was only a 20–30% chance of an agreement between the British and EU on the Protocol and that he would not commit to unilateral action as previously promised if there was no agreement.  On top of this Johnson’s Secretary of State has promised to implement legislation on the Irish language in opposition to DUP demands.  And this is who they now rely on! When Johnson did make a gesture to help Donaldson out by allowing double-jobbing at Westminster and London that decision was reversed in a week.

This weakness of the DUP position was unconsciously revealed when the party complained that its four reasons for collapsing the Executive included failure by Sinn Fein to fund celebrations of the British Queen’s platinum jubilee and preventing the planting of a centenary rose bush at Stormont.

More relevant to this weakness is a recent opinion poll recording that not much more than one in ten unionists think the Protocol is the main issue, coming fourth in their list of concerns.

It is all very well for the British government to wave the DUP threat in front of the eyes of the EU, but given Donaldson’s report of his meeting with Johnson it’s hard to believe that the EU would change its relaxed attitude to the repeated threats of the British.  The EU has been careful not to inflame opinion in Ireland as it needs no extraneous factor complicating its negotiations with a party it pretty well has the measure of.

What we have witnessed therefore is a re-run of the Brexit referendum.  The DUP have been spooked by one opinion poll showing its more extreme competitor, Traditional Unionist Voice, increasing its potential support from 6 per cent to 12 per cent while its own vote has dropped.  

So, it moves even further to the right and meets with loyalist paramilitaries before announcing its new strategy of withdrawal from a Stormont that it wants to lead.  Very like the way the Conservative party felt compelled to play with a Brexit referendum under pressure from a UKIP that was never going to go very far.  The otherwise lack of interest or prominence of the issue of EU membership among a majority of people in Britain before the referendum is mirrored in the North of Ireland by the relatively relaxed view of the Protocol.

We have even had the DUP parrot ridiculous numbers about the cost of the Protocol to the Northern Ireland economy, which bear as much relation to the truth as the claim by the Leave campaign that it could get back £350m a week from the EU to give to the NHS.  In both cases the culprits are the most reactionary petty bourgeois movements with no positive agenda.  In both cases, the British economy and the economy of Northern Ireland would actually benefit from what was/is the status quo.

The mini-drama in the North of Ireland is a reminder to the British public that Brexit isn’t done.  While the Westminster opposition vituperates over Johnson’s lies over boozy parties at the office his biggest lie – Brexit – is ignored by the congenitally cowardly and reactionary leader of the opposition.  Instead it reverberates in the North of Ireland through a crisis of the party of petty bourgeois reactionaries who supported it most; it’s not a coincidence that Donaldson worked for ultra-reactionary Enoch Powell as the latter saw out his remaining political days as a Unionist MP for South Down.

Just as DUP support for Brexit has ushered in the Irish Sea border, so have the changed rules to the formation of a First and Deputy First Minister at Stormont that the DUP championed opened the door to a potential Sinn Fein First Minister.  In both cases the potential consequences were foreseeable but that didn’t stop the DUP.

It now faces the prospect of its stupidity putting this on the agenda after the elections in May, an outcome that it cannot accept and one no unionist party has admitted it will.  An extended period of paralysis in the workings at Stormont can therefore be expected.  New rules mean that the institutions can survive longer without anyone actually performing the role of a government.  A case of making the rules conform to much of the experience of the devolved arrangements over the last couple of decades, where the lights have been on but nobody has been in.

All these circumstances testify to the continuing political degeneration of the Northern state and its unionist foundations, although decay is not an alternative.  We can see this easily when we note that Sinn Fein are currently the biggest party in opinion poll terms with less than a quarter of the first preference vote.  Even with the SDLP, the combined nationalist support is only one third. Countdown to a United Ireland this is not.

Internally, the failure of unionism to reassert sectarian supremacy to its satisfaction has created fracture and division.  It hitching its wagon to the hubris of its old imperialist mentor has further weakened it where it thought it could have prospered.  From outside it has instead been the development of European capital through the EU that has now delivered a different dynamic for change that will weaken it further.

Change often comes slowly but it still comes.  The fracturing of unionism is to be welcomed as is the inevitable failure of Brexit, which will become ever more obvious.  One barrier to this taking a more progressive direction is the failure of social democratic forces to expose the failure and to offer an alternative, and unfortunately the pro-Brexit left stands behind it as the redundant non-alternative.

Opinion polls and a United Ireland (3) – a struggle not simply a vote

http://www.progressivepulse.org/ireland/are-there-are-more-cultural-catholics-or-protestants-in-northern-ireland

It would seem ironic if demographics determined a united Ireland.  Socialists over the decades have advanced a political strategy based on working class unity and opposition to sectarian arrangements, including partition, which has strengthened division.  We have condemned a strategy based on Catholics ‘out-breeding’ Protestants.

In fact, of course, demographics is not a political strategy anyway.  It will not of itself produce working class unity and remove division.  It will weigh on the balance of forces, but will not determine how this balance is ultimately determined, because any referendum will not be the result of demographics but of the weight of political arguments arising out of any changed economic and social circumstances.  A referendum will not just be a count but a result of a political struggle, a struggle based on political argument, interests and organisation.

Religion does not map one to one onto politics and there are Catholic unionists and Protestant nationalists, although rather fewer of the latter.  Many nationalists may be described as soft and Lord Ashcroft’s poll records that ‘In our groups, many on all sides felt there was a growing number of voters, particularly younger voters, who would see a referendum in terms of practicalities rather than religion, nationality or tradition – or as one put it . . .“some will vote green or orange, but a lot of people will vote with their heads.”’

The 2021 census results will not show a Catholic majority or a Protestant one, while those defined as ‘other’ or ‘neutral’ are split two to one in favour of those from a Protestant background, who are currently more likely to favour remaining in the UK.  The nationalist vote has remained at around 40% for some time and the potential for the census to show the number of Catholics exceeding Protestants will not translate into votes for a generation.  The issue will sharpen well before this happens meaning that those who consider themselves soft nationalists or neutral will play a significant role in determining any majority.  Hence the importance given to non-nationalist opposition to Brexit and the poll findings of people changing their minds on the constitutional question.

The poll records that ‘More than a quarter of voters (27%) said they had changed their mind on the question of whether or not Northern Ireland should stay in the UK, including 16% who said they had done so more than once.’  This seems improbable and invites some scepticism; somewhat mitigated by the elaboration that ‘31% of women, 38% of those aged 18-24 and 71% of those who describe themselves as neutral on the constitution said they had changed their minds at least once.’  A significant change of mind would currently be required to create a majority in favour of a united Ireland.

All this points to a referendum on a united Ireland not being a question of simply counting the numbers within two blocs but of a political struggle that will much more immediately set the agenda and result.

This is more obviously the case since a referendum will inevitably be required in the South and there is no doubt that this will require a political debate and struggle.  One only has to recall the history of Articles 2 and 3 of the Irish constitution, which included that ‘The national territory consists of the whole island of Ireland, its islands and the territorial seas’, and its overwhelming popularity before it was overturned by a 94% vote because it would deliver ‘peace’. The nature of events in the North will affect voting in the South but equally the debate in the South will impact on the North.

Since socialists do not want a sectarian headcount the necessary debate on a united Ireland will be a welcome opportunity to fight for our ideas.  This will include support for a united Ireland, defending its claims for democracy and ensuring, in so far as we can, that promises are delivered.  At the same time we must admit that it is currently very likely that any unity will take place on a capitalist basis and will require socialists to oppose the particular form that this unity will take.

We should not fool ourselves that what will be on the agenda is anything other than the incorporation of the North into the Southern state.  We should obviously oppose the importation of sectarian practices from the North into the South in the name of accommodating unionism, as covered in this post.  In the meantime, we must continue to fight for the building, expansion and democratisation of the organisations of the working class and the influence upon them of militant socialist politics.

In this way we can hope that the struggle over a referendum will not involve just a count but will allow our politics to count.

Back to part 2

Forward to part 4

Opinion polls and a United Ireland 2 – unionist pessimism, nationalist optimism and Brexit

The pessimism of unionism revealed again in the Lord Ashcroft poll is based on their uncomfortable reliance on perfidious Albion – ‘more voters thought the Westminster government would rather see Northern Ireland leave the UK than thought it would rather keep the province as part of the Union. Only 11% of voters, and only 21% of Unionists, said they thought Westminster very much wanted Northern Ireland to remain part of the UK. A further 22% of all voters thought it would prefer to keep the province as part of the Union.’ 

If the Northern state were really as British as Finchley this would be inexplicable.

‘In our focus groups, voters on all sides said they thought Northern Ireland was an “inconvenience” or an “afterthought” for the rest of the UK. The “levelling up” agenda seemed to apply to the north of England, rather than anywhere further afield.’

Nationalist voters are more convinced that Britain wants to get out, with 68% believing this.  Given the determination of the British State to defeat the struggle against its rule by some of them this is somewhat surprising, but is only one element of their view of the world, and in part reflects their view of the patent illegitimacy of partition and the palpable failure of the Northern state to be what is considered ‘normal’.

Another element is that one third of nationalists think the Southern state is indifferent or opposed to a united Ireland.  While almost 95% think there should be a referendum on Irish unity within 10 years and 86% think there will be, there is apprehension at how it might occur.  Commentary to the poll states that ‘Many were also nervous about the prospect, including some who favoured a united Ireland in principle. They tended to think that a referendum would be divisive, re-awakening tensions rather than resolving them, and that a return to violence would be more than likely.’

This view can hardly be dismissed, since every change to the Northern State, including the demand for civil rights, has been met with protest and violence by unionism.  The view that a referendum in the South should follow one in the North is an additional incentive for unionist aggression and to make any threats credible.

The latest change is the Protocol to the Trade and Cooperation Agreement between the British government and EU following Brexit.  Unionist leaders claim it has constitutional implications, that their agreement to it is therefore required, and that they’re not giving it.  Since the argued direct constitutional effect is mistaken, although not its implications, unionism is arguing – as it always does – that no change can be made to the arrangements within the Northern State without its agreement.  Since its politics are overwhelmingly sectarian and wholly reactionary this is one reason why partition should be ended and a united Ireland is progressive.

The main reason for nationalist optimism is demographic, that the share of the Catholic population is growing and Protestant Unionist one is declining; Ashcroft states that ‘one Catholic voter told us cheerfully and candidly in nationalist Strabane, “we breed better than they do. They have big TVs; we have big families.” More than seven in ten voters aged under 25 said they would vote for a united Ireland.’

The poll states that ‘Support for a united Ireland declined sharply with age: 71% of those aged 18-24 said they would vote for unification, with 24% opting to stay in the UK; among those aged 65 or over, only 25% backed a united Ireland, with 55% choosing the status quo.’

It also reports the finding that ‘More than a quarter (27%) of voters said they had changed their mind as to whether Northern Ireland should stay in the UK . . . Among neutrals, 62% thought voters would choose the status quo tomorrow, but 66% thought they would back a united Ireland in ten years’ time.’  Nationalists anticipate that people will change their minds and change them in only one direction.

One reason for this belief is the claimed effect of Brexit. According to the poll 95% of nationalists/republicans opposed Brexit while 66% of unionists supported it.  The 30% of unionists who opposed Brexit and the 92% of those defined as ‘neutral’ (those who described themselves as neutral on the constitution) who also opposed it are expected to, or at least it is hoped will, change their views on the constitutional question because of the UK leaving the EU.

The poll makes much of its effects – ‘Participants in all our focus groups spoke about rising prices and shortages of goods, including food, clothes, household items and building materials. Several noted that ordering items from overseas had become more expensive or in some cases impossible; several had experienced Amazon being unable to ship certain items to Northern Ireland. Such problems were attributed to Brexit, the Protocol, covid, the Suez Canal blockage, or various combinations of all four.’

It finds that ‘Nearly 9 in 10 voters (88%) said they thought Brexit had been a cause of shortages of food and other goods in Northern Ireland, including 62% who said it had been a major factor. This was especially true of Nationalist/Republicans, with 73% of 2017 SDLP voters and 90% of Sinn Féin voters saying they believed Brexit had been a major factor.’

‘Three quarters of 2016 Leave voters said Brexit had had a part to play in shortages, including 29% thinking it had been a major factor.’

‘Unionists, however, were more likely to blame the pandemic and (especially) the Northern Ireland Protocol. Nearly 8 in 10 (78%) of them, including 89% of 2017 DUP voters, said they thought the Protocol had been a major factor, compared to 38% who said the same of Brexit more generally.’

The poll asked ‘whether Brexit had affected people’s views as to whether Northern Ireland should be part of the UK. For three quarters, it had made no difference: 43% said they had thought the province should be part of the UK before Brexit and still did; 32% said they had favoured a united Ireland before Brexit and they still did.’

However, ‘13% said they had thought Northern Ireland should stay in the UK before Brexit, but now favoured a united Ireland. This included 40% of 2017 SDLP voters, 34% of those who had backed the Alliance party, and 36% of those who described themselves as neutral on the constitution.

A further 9% (including 36% of 2017 Alliance voters, 29% of constitutional neutrals and 9% of self-described Unionists) said Brexit had made them less sure that Northern Ireland should be part of the UK.’

Again, its perceived effects reflect previous dispositions, with 34% of unionists believing Brexit makes a united Ireland more likely, 99% of nationalists thinking it does, and 89% of ‘neutrals’ believing the same. Nationalist optimism and unionist pessimism are long standing but have not changed the existing political division.  It is therefore an open question whether Brexit will have the effect of persuading some unionists or ‘neutrals’ to support a united Ireland.  It will certainly not strengthen opposition to it and its longer term economic effects may be more powerful in shifting views than relatively minor shortages.

to be continued

Back to part 1

Forward to part 3

Opinion polls and a United Ireland – 1

Everyone loves an opinion poll on the potential result of a referendum on a united Ireland.  The media has something to report and its commentators have something to comment on. 

Nationalists in particular like them – they are a good fit with Sinn Fein policy of being in favour of a united Ireland while not actually being able to do very much about it.  It keeps the pot simmering with the promise that someday soon it will come to the boil.  Nationalism repeats that there needs to be a conversation about what a united Ireland will be like, as if talking about it brings it closer – giving the impression of doing so – at least to its supporters.

The Dublin Governing parties don’t mind since their policy of sometimes expressing support for a united Ireland tallies with the general view of the Southern population that it would be a nice idea, although without much evidence of it exercising itself to bring it about.  A perfect fit for the Southern establishment and its political representatives.

The British government doesn’t mind because it has said it will do whatever the people want, once again demonstrating its good offices, while it can be confident that it will not be required to do anything very much.

Only Unionists seem not be enamoured with them, even though they should, since they usually show there being no realistic chance of the majority in the North voting for unity in the foreseeable.  This might be a result of their normally dour political outlook in which seventeenth century politics seems by far the most attractive, and among whom some think flying the union flag for Prince Andrew on his birthday is the honourable and righteous thing to do.

Of course, they have an aversion to seeing the little enclave carved out for them being anything other than as British as Finchley, and nobody asks this North London district if it wants to leave the union. They are also concerned that opinion polls may show them winning most of the time, but that they only have to lose the real thing once to have lost definitively, which is progress of a sort, since the last time they lost such a vote they changed the rules to ensure that they couldn’t.

Two opinion polls were reported at the end of last year, one in the North and one in the South, and the issue will become more excited as the results of the March 2021 census in Northern Ireland begin to be published in March this year, although with full results only by next year.

These polls are attractive because they allow for various interpretations.  As we have seen in the vote for Brexit, some on the left still see it as a great idea even if it rallied a reactionary vote around Boris Johnson and split the Labour Party.  If only, they say, the Party had supported Brexit it could have stolen Johnson’s thunder and won over all the pissed-off working class voters available to a progressive sovereignty politics!

Fortunately, opinion polls can rule some claims out, including the idea of Brexit powered by progressive politics, as the Lord Ashcroft poll showed. It demonstrated that it was primarily an English nationalist vote with strong anti-immigrant content that would supposedly have expanded the Labour Party vote by pissing off the 63 per cent of its supporters who voted Remain.  Very convincing, I don’t think.

The Ashcroft poll on Irish Unity reported that ‘The news that Northern Ireland voters would choose to stay in the UK – by a majority of 54% to 46% in my poll, once undecideds are excluded – is a welcome early Christmas gift for unionists. In a similar survey two years ago, I found a wafer-thin margin for Ulster to join the Republic in a united Ireland.’

It then said that ‘My latest research, published today, shows a clear swing back towards remaining in the United Kingdom . . . But as I also found in my survey of over 3,000 voters and focus group discussions throughout the province, it is the nationalists who feel things are heading their way.’

When I first heard this previous poll result, I didn’t believe it to be accurate and in discussion with a colleague in work he didn’t believe it either. It wasn’t consistent with what I knew and with other polling results.  There has also been no political development in the past two years that could explain an increase in support for remaining in the UK or a fall in support for a united Ireland.

The latest poll has recorded that ‘Nearly two thirds (63%) of voters thought that in a border poll tomorrow, Northern Ireland would vote to stay in the UK. However, by 51% to 34% they thought that a referendum in 10 years’ time would produce a majority for joining the Republic in a united Ireland.’

‘While 90% of self-described Unionists thought voters would choose the UK in an immediate border poll, only 64% thought this would be the outcome ten years from now,’ while Nationalists belief that the vote would be for a united Ireland increased from 47% to 91%.

Nationalists overwhelmingly (93%) expected Northern Ireland to be out of the UK within 20 years, two thirds (67%) of unionists thought they would still be part of the Union at that stage. However, fewer than half (47%) of unionists thought the status quo would still prevail in 50 years; 23% said they thought Ulster would have left by then, and 30% said they didn’t know.

This reflects a certain pessimism of unionists, consistent with their reactionary and generally paranoid politics where ‘Lundies’ and traitors are a constant threat, but also reflects for some a nagging unspoken acknowledgement of the illegitimacy of their position, which doesn’t however extend to shifting from it.  I recall my not very political late Aunt from the Shankill Road in Belfast saying that there would be a united Ireland, but not in her lifetime.  That, it appears, continues to be another largely unacknowledged view.

Whether the pessimism of unionism collapses into resignation and the optimism of nationalism becomes a spur to action is yet to be determined.

Forward to part 2

Covid and the failure of the NHS

Thirty-six years ago I had an interview for a temporary clerical officer job in the local hospital.  One question was – ‘Who is the most important person in the health service?’

Thinking on my feet as I sat in the interview I answered – ‘the patient.’

Which is the right answer.

Although this doesn’t appear to be the case today.

While I was recruited to possibly the very lowest rank in the health service all those years ago, those today at the very top appear to have a different view.

Last week the Minister for Health at Stormont, Robin Swann, issued a public consultation on whether new staff recruited to the health service and social services should be compulsorily vaccinated.  The Minister both in the consultation and in interviews more or less ruled out vaccination of all staff, considering it relevant, or perhaps only possible, for new and agency staff.

It should be remembered that the Minister and Executive ensured that all health service staff, including office staff with no contact with patients, were offered vaccination last year before patients described as extremely clinically vulnerable – those with suppressed immune systems for example. 

When some of these patients were sent the draft of a letter proposing that they ensure all visitors to their homes take a Covid test, the project disappeared when it was returned with a question whether this would also include the visit of district nurses.

The public consultation launched last week mentions that “Trade unions, employees and employers will have a key role in this consultation, but the views of the general public will also be very important.” It also mentioned relatives, and failed to mention patients.

This week the Minister announced he wanted the introduction of a mandatory Covid-19 passport scheme and this has been agreed by all the parties except the DUP.  So, while the Minister wants anyone going into a restaurant or pub to demonstrate that they are vaccinated, or not otherwise a risk, he thinks it’s acceptable for nursing staff dealing with the care of vulnerable patients to be excused this requirement.

Part of the reason for the recent increase in Covid is obviously the partially seasonal nature of the virus. In the case of Northern Ireland however it is also due to the relatively lower numbers vaccinated than Scotland, England and Wales, despite having had a head start on them.  It currently has a higher number totally unvaccinated and a lower number fully vaccinated with a booster shot.

Not only has this probably led to increased severity of infection – requiring hospitalisation – but also increased the sickness level of health service staff (up to 20% among nurses).  Media reports following Freedom of Information requests indicate potentially lower vaccination rates among nursing and social services staff than among the rest of the population.

The trade union UNISON has opposed mandatory vaccination of nurses and called for a voluntary approach of persuasion.  The union might appear to be on more solid ground if it did not make the stupid point of asking why health service staff should be singled out.  Management might also strengthen its position if it were to at least mention the needs of patients, that their views should be canvassed, and that protocols were in place to ensure that the most vulnerable patients were not unnecessarily exposed to unvaccinated staff.  Both might have more of a point if they had followed through on their argument and were to point to a rigorous campaign to get staff to voluntarily vaccinate.

Unfortunately, as argued before, the needs of the NHS bureaucracy have been put before the needs of the people it is supposed to serve; summed up in the mantra that we must ‘protect the NHS.’  Politicians wave the possibility of the closure of Emergency departments; of the health service “about to topple over” if immediate action is not taken; and warnings by senior medical staff that “this phase of the pandemic is now the toughest”.

Just like the Tories in Britain, they point to the crisis they helped create in order to point away from their own culpability.  Instead, it becomes an alibi that implicates those subject to a collapsing service who are blamed for not following guidance and advice.

They congratulate the staff on their heroism in order to absolve themselves while making their heroism a continuing requirement of their work; wrap themselves around the NHS brand in order to avoid and deflect away from their role in its failure, and threaten future collapse as a move to pre-emptively protect . . . themselves.

This partially explains Swann’s particular penchant for lavishing praise on NHS staff with ‘proof’ of seriousness by repeated announcements of additional funding.  When advertising the gruelling pressure on doctors and nurses dealing with the pandemic, he presents himself as a vicarious fellow sufferer.  Identification of the NHS with himself reaches a pinnacle when he says that “I don’t have enough nurses, I don’t have enough doctors.”

Additional funding, as he acknowledges himself, cannot conjure up and deploy staff out of nowhere; its announcement is instead more usefully deployed as a response to internal requests for action by medical staff raising concern at where services are heading.  Additional funding cannot immediately increase capacity, especially if it is non-recurring and limited to a one-off injection, but unfortunately long-term planning has not been a strong feature of the NHS.

So, we are now enjoined to accept renewed restrictions involving Covid-19 passports in order that the NHS not be overwhelmed.  Unfortunately, it is abundantly clear that the NHS has already been overwhelmed.  While pointing to the crisis and away from themselves we are supposed to listen to the words of politicians and not recall their responsibility and years of inaction.

Years of unprecedented underfunding of the NHS are now presented as a historic problem that attaches to no one in particular today.  We are simply reminded that the task now, our task, is to ‘protect the NHS’ in an unprecedented pandemic.

Many socialists get very defensive about criticism of the NHS, as if it were some sort of socialist enterprise in the midst of capitalism.  The reasons for this are numerous, including that it is free at the point of delivery, is not run for a profit and is owned by the state.

Except that it is not free, and is funded by a regressive taxation system; many private companies make a lot of money out of it; it is owned and managed by a capitalist state, and having worked in it for 22 years I can confirm that there is nothing democratic about the way it is managed.  Like all state ownership, it is bureaucratic and unaccountable, as repeated scandals exposed within it testify.

It is not therefore simply a question of underfunding, and to uncritically defend it because the only alternative is conceived as privatisation is a mistake.  Socialism involves different ownership of the productive forces, including those that protect and improve our health, and this democratic workers’ ownership is not a question of a name on a title deed but of how productive forces are organised and developed.  

Workers are not ignorant or indifferent to the bureaucratic failings of the NHS because they are the ones who use it, while some better off workers, middle classes, and definitely the richest all use private health care to one degree or another.

It is argued that the pandemic is unprecedented but the longer restrictions continue the more circumstances can no longer bear the description of exceptional.  The lower rate of vaccination might go some way to explaining the greater effect of increased incidence of Covid than in other countries, while the later roll-out of booster vaccinations than in other countries might similarly explain renewed restrictions.  Nevertheless, it is the declared necessity of protecting the health system that is employed as justification for the new restrictions announced this week.

We have been informed repeatedly about the pressure which health service staff have been put under, and our reliance on them has been reason enough for most people to accept restrictions.  That this pressure has been harsh is real enough but this in itself does not permit the demands of the politicians and bureaucrats to go without challenge.

There have been enough first- and second-hand reports that not all NHS staff have been under similar pressure to ask why this organisation cannot more effectively and efficiently deal with Covid and the other demands placed upon it. Some of the reasons we have mentioned above ­– that the NHS is a bureaucracy in which individual talent and commitment can only have individual effects.

That the NHS is failing is shown by some of the latest statistics from the Northern Ireland health service which show that between the years 2019/20 and 2020/21 total admissions to hospitals fell by 30%; average occupied beds fell by 17.9% and total theatre cases fell from 110,605 to 59,762, a fall of 46%, and 50% on the previous year’s figure.

What these figures show is that it was not simply a question of capacity but the capability to use that capacity and the inability to use it efficiently.  A factor in this will no doubt be increased sickness of staff, but the higher rate of unvaccinated staff contributed to this. Other factors will be the inability to institute infection control without reducing capacity with the creation of much-hyped ‘Nightingale Hospitals’ illustrating the problem.

The results of this failure can be seen in increased waiting times; for example in the 112,915 patients waiting to go to hospital at 30 June 2021, up from 97,243 at 30 June 2020, and 88,203 at the same time in 2019; an increase of 28% over the two years. This is an example of only the most obvious and measurable outcome, which most damaging effect is in the impact on health.

The British government has successfully protected itself by using the NHS as a shield because its popularity has facilitated this, which in turn is partially because the only alternative to it is perceived as privatisation, which is widely unpopular.  Much of the Left, with its state-centred view of socialism and greater predilection for knowing what it is against rather than what it is for, has put itself in no position but to follow the government, with the add-on of demanding more money.

When the London Olympics opened nearly ten years ago, it was noted that the NHS was part of the show, a tribute to its place in the national psyche.  What it wasn’t was a tribute to socialism, no more than was the presence in the show of James Bond and the Queen.  

The Northern Ireland Protocol and Brexit 2 – the cart without a horse

The offer by the EU to significantly reduce checks on goods, especially food, on the Irish Sea border, and the promise to legislate for British authorisation of medicines supplied into NI and therefore the Single Market, takes away the salience of complaints of barriers to the supply of goods from Britain into Northern Ireland.  The solution of the medicines issue was promised long ago and the EU was never going to allow itself to be held up to criticism for preventing the supply of medicines, including cancer treatments, to NI.  The non-issue of British sausages that was already hardly alive was killed once again by the EU breaking with its policy on chilled meats entering the Single Market. 

This does not mean that these issues are solved.  One reason that the existing border checks did not work was because the British and Unionist minister at Stormont made sure that they didn’t.  The scope, or motivation, for a repeat approach by the British in the enforcement of the compensating mechanisms proposed by the EU for the abandonment of checks at the sea border remain to be seen.

Instead, the question of the role of the EU’s European Court of Justice (ECJ) has been held aloft by the British as the key requirement in negotiation of a new Protocol.  Of course, the unionists don’t want any Protocol but that could only be the outcome if the UK and EU entered a trade war that none would benefit from, especially the British.  The unionists aren’t worth that price for the British so they will just have to sell as a victory whatever Johnson and Frost agree to in the end.

However, if both the British and unionists wanted to declare victory now is the time to do it.  The EU declared it would not negotiate and it has; its restrictions on food imports and requirement for authorisation within the EU for medicines circulating within it are important elements of its Single Market but have been given up in this case (the former to an extent).  It can bypass them only because it believes it can contain these concessions within the Protocol, that is within its arrangements for the North of Ireland.  It obviously takes the view that there will be no leakage into any other trading relationship and no precedent set that could be exploited by other trading partners.

Both the British and unionists could therefore claim that not only has it forced the EU to negotiate the Protocol, which it still denies, but that they have compelled the EU to surrender much of what it said it could not do.  It has political coverage for this not only for the reasons just set out but also because for its Irish member state and for Northern nationalists what matters is that there is no Single Market land border down the middle of the country.  As long as the checks along the Irish sea are held to be working, they are happy.

But this will remain an issue.  The more the British depart from EU regulation, the greater the scope for unapproved goods to circulate into the Single Market and therefore greater risk to the integrity of it.  The compensating proposals from the EU would therefore have to have meaningful effect and will grow in impact as Britain diverges from EU requirements, whether arising from its own decisions or from those of changed EU rules.

This is not the declared reason for the new prominence of the ECJ in British demands.  Instead, it is what a NI business representative called “nothing but a Brexit purity issue.”  For him the ECJ “it is not a practical or business issue.”  In fact, for business the Protocol gives unique access to both the UK and EU markets.  Were the British market certain to continue to be the much more lucrative and important the unionists would have little to fear from this parallel opportunity.  However, the growing trade between North and South and the reduced trade between the Irish State and Britain means that their opposition to the Protocol on political grounds is justified even if nationalists deny it. Unfortunately for unionist leaders this political opposition is detrimental to the people they represent, which will not have short term importance but will in the long term.

The unionist commentator Newton Emerson has argued that Irish and EU complaints about British negotiating tactics are a ‘slight loss of perspective’ and that their annoyance is mistaken.  In effect, both sides are at it and it’s a case of ‘all is fair in love and war’ . . . and trade negotiations.  He is however wrong to say that “the fact that Frost is tearing up his own deal is a redundant complaint.  The protocol is being negotiated.”  It matters that the negotiations that are now being conducted are not a first stab at an agreement but follow bad faith negotiations by the British who never intended to implement the deal they signed.

It matters because all the arguments made by Emerson about the ECJ not being necessary for Single Market governance must face up to this.  It is not a matter of whether the NI Protocol can be made amenable to Swiss type arrangements or those governing EU relations with Norway, Iceland and Lichtenstein, which insert arrangements that put ECJ competence at a greater distance.

Why would the EU agree to Swiss governance arrangements when the British have just rejected Swiss trading arrangements? Why would they seek to introduce arrangements involving numerous bilateral treaties that they already find too onerous and have sought to dispense with?  Why would they seek the governance arrangements applied with Norway etc. when the British specifically rejected the EEA option as the form of Brexit they should seek?  Part of the reason why the EU will not want to agree is that the British cannot be trusted.  

If Emerson wants to critique the statements of Irish politicians in relation to the British approach to negotiations he would be better to start with Varadkar’s nonsense that “for decades, for centuries, British people in many ways were renowned by the fact that they were an honourable people; people whose word you could trust . . .“ And by “people” it should be understood to mean the British state.

Has he not heard of Perfidious Albion?  Has he no knowledge of the Anglo-Irish treaty, with its Boundary Commission, or the promise by the British king in 1921 that the new Northern Ireland parliament would be “an instrument of happiness and good government for all parts of the community . . .’?

The British may reject the mitigations of border checks and alternative arrangements and may demand removal of any role for the ECJ.  If they do, they may proceed with Article 16, which will lead to further negotiations but also opens up the possibility of retaliatory measures against them by the EU.  Tory Brexiteers are still bloviating about the EU needing Britain more than the Brits need the EU but only the blinkered continue to entertain such nonsense.

It is reported that Article 16 may be triggered by the British on narrow grounds that may avoid a fuller EU retaliatory response but we would have to see what such narrow grounds might be and the EU has indicated it is weary of British negotiating tactics.

Even if the EU were to agree to some intervening body between the operation of the Protocol and adjudication by the ECJ, this would not essentially change the fact that there would be a Protocol that would involve a trade border between NI and GB and none between the North and South of Ireland.  It would not change Northern Ireland membership of both the UK and EU markets or the economic dynamics released by this arrangement.  It would not put to bed the problems that will arise if the British decide to increasingly diverge from EU rules.  It would not change the enforcement mechanisms ultimately available under the Protocol or wider Trade and Cooperation Agreement and it would not change the power imbalance between the UK and EU.

The attitude socialists should take to all of this should follow from their opposition to the whole reactionary Brexit project, which seeks to reverse the internationalisation of capitalism and the long-achieved broaching of nation state constraints on the productive forces.  Such an international development of capitalism is precisely the material basis for socialism and the unity of the working class irrespective of nationality.

Some on the left have opposed Brexit only by registering its English nationalist clothes and necessarily xenophobic and racist expression, without appreciation of this more fundamental basis.  For some, not even this has dawned on them and they have supported Brexit without being able to demonstrate that it has led to any compensating advance by the working class.

Just as nationalism feeds off other nationalisms so the Brexit war of words has involved Priti Patel advocating the threat to Ireland of food shortages from a no-deal Brexit and the French threatening to deny power supplies to the Channel Islands.  Socialists must oppose all such offensive nationalist threats.  Opposition to Brexit does not mean defence of the policies of the EU but simply recognition that we do not oppose the development of capitalism by demanding it regress to a more primitive form less suited to creation of a new society.

In terms of the Protocol, we oppose the creation of a land border in Ireland as a strengthening of division on the island and recognise that this could only come about from increasing the separation of Britain from the EU, most likely from acrimonious conflict that would have the effect of dividing workers, and not only in Ireland.

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Brexit still not done – the Northern Ireland Protocol 1

I was in the south of England as the recent fuel crisis hit, when many petrol stations ran out of fuel and closed.  Stuck in Bath, I drove around the city looking for one that was open, then drove to nearby Chippenham where Google Maps was telling me that there were a number of stations open.  All were closed so I decided the best thing to do was to drive North, where I was heading to the ferry at Stranraer that would take me home.  My wife had cancer treatment the day after next and we really didn’t want to miss it – the treatment is keeping her alive.  I was able to get petrol on the M4 and then headed North via the M5, filling up again in a Motorway service station north of Lancaster.

So, we got home safe and sound and to the sight of petrol stations in Belfast with lots of fuel and no queues. Buying the local Irish papers in order to get up to speed on the local scene I read speculation that the Tories were going to invoke Article 16 of the Northern Ireland Protocol as a means of getting rid of it, although it doesn’t actually do this, on the grounds that the Protocol gives rise to “serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade.”

Since unionists have been declaring a crisis and organising protests that have managed to mobilise only hundreds of protestors; and trade between the North and South of Ireland has grown dramatically, albeit from a low base, their strained narrative has claimed that the grounds for unilateral action by the British to trigger Article 16 exists.

I thought to myself, if only the Article applied to Britain, where trade with the EU has fallen; ports are clogged up; goods are sent to Rotterdam and Antwerp before being unloaded and re-loaded onto smaller vessels so they can be taken to England; the shortage of lorry drivers has led to restrictions on the supply of goods with even more knock-on effects due soon; the shortage of other workers has led to a culling of animals and the shortage of all these workers has led to approval for recruitment of foreign drivers and butchers – a clear reversal of the rationale for Brexit.

But still Article 16 is waved as a magic sovereignty wand that derives its power from being a unilateral action that needs no EU negotiation or agreement, although the foresight of a goldfish is required in order to overlook that it leads to both.

The growing crisis caused by Brexit has been answered by louder and louder bellicose rhetoric, especially by Lord Frost.  This rhetoric is all the more raucus because Britain has few cards to play; the opposition(?) Labour Party is silent so the high pitch is only necessary to divert attention from real events.  Even so, Frost finds himself admitting that the British were compelled to agree to the NI Protocol because of a weak bargaining position – one glint of truth in a trough of bullshit and deception.  On this score not much has changed so rhetoric substitutes for real power.  The response to the driver shortage demonstrates this.

Not only has the British government had to beg foreign lorry drivers to return, having just told them to get lost (why would they come back?), but rules on the number of internal deliveries that foreign companies can carry out when delivering into Britain have been relaxed while the British Road Haulage industry complains that they cannot avail of the same rights when delivering into the EU.  Just like Brussels enforcing Single Market restrictions on British exports to the EU but London still not able to enforce restrictions on EU exports to Britain.

Unionist opposition also reveals its weakness not just in low numbers protesting or the absence of any queues at petrol stations, but through plummeting support for the DUP, now down to 13% from over 31% in the December 2019 Westminster election.  With Sinn Fein now the largest party it is in line to nominate the First Minister after new Assembly elections scheduled for May.

In the latest poll the DUP is the third largest unionist party, although what matters most is the division in unionism caused by the DUP collapse.  Its leader Jeffrey Donaldson has attempted to reverse this by relying on Johnson to get him a better deal, in itself a terrible admission of weakness (relying on the guy who shafted you in the first place) and also by attempting to get the rest of unionism to own the failure.

So, when I arrived back from England I came back to a joint article in the ‘Irish Times’ by Donaldson and the Traditional Unionist Voice (TUV) leader Jim Allister, plus a joint statement by the ‘four main unionist leaders’ with a video to accompany it.  One I didn’t bother to watch.

The ‘Irish Times’ article was a joint statement of opposition to the Protocol by Donaldson who declares he wants it scraped because it contradicts the Belfast Agreement (which he originally opposed) and by Allister who has never supported it.

The joint statement and video to the unionist public proved only that you really can have too many leaders.  The motivation for Donaldson is obvious – ‘I may have helped get you into this mess but all the rest are now just as responsible for getting you out of it’.  For the Unionist Party leader Doug Beattie all his claims to be modernising his party and putting clear blue water between him and the DUP is exposed to ridicule as he stands beside the even more extreme TUV.

The contradictions for the TUV in uniting with supporters of the Stormont administration that it never ceases to denounce are obvious but matter less.  If the campaign fails the TUV can still blame the DUP and if it can be portrayed as any sort of victory they can own part of it.  The loyalist leader Billy Hutchinson is there to show that loyalist paramilitarism and its own particular means of exerting influence are part of the family, to be ostracised when embarrassing but embraced as a delinquent brother if required.  For Billy Hutchinson, he gets to wear a suit for the day out and a boost to mainstream credibility that has been less frequent of late.  

Where there does appear to be some genuine unity is revealed in one of the opinion poll‘s other findings, which recorded that 79% think the performance of Johnson and his NI Secretary is bad or awful.

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