Category Archives: Brexit

Roger White arrived in France at 2.30pm on Tuesday with a truckload of hard cheese from Somerset.

Before Brexit he would have rolled off the Eurotunnel train and carried on up the A16 to Belgium, unloading his wares a few hours later at his ultimate destination in Utrecht.

But 24 hours after setting foot on European soil, the 69-year-old driver from Yeovil is still sitting in his cab in the Eurotunnel compound in Calais after being asked to reverse into a special unloading bay at a newly built border control post for sanitary and phytosanitary checks (SPS) checks on food.

Ive been here since yesterday afternoon and I am stuck here until God knows when. I have to wait until I am cleared to go, he said.

He knew there was trouble ahead when he drove off the shuttle and the electronic display assigned him the orange lane instead of the green, indicating he would be subjected to an inspection by authorities.

I think they are picking on the English trucks maybe, he said, as there was nothing wrong with the cheese. Just missing paperwork. Until it arrived, he would not be free to go.

I am just waiting here. It is terrible not good at all, he said.

A driver for 48 years, White remembers what it was like before the single market in 1993 swept away the trade barriers that Brexit has re-erected.

We had customs checks before but it was so well organised on the border, he remembers. Everybody is learning as they go. You can do your preparations beforehand but its not enough. All of this is new to everyone and unfortunately there is nothing we can do about it. We just have to get used to it, he said.

Eurotunnel traffic is exceptionally low seven days after Brexit with drivers and exporters still avoiding the ports and Channel train services, partly because of pre-Brexit stockpiling and partly because business is conventionally quieter in the first two weeks of the new year.

In normal times, 6,000 to 9,000 HGVs cross the Channel each day, but the Department for Transport said just over 2,000 HGVs crossed on 6 January, the day of the Guardians visit, with 90% of those trucks border-ready. It tested 1,081 drivers for Covid that day, with six coming back positive, bringing the number of tests carried out on drivers to 46,563 since the chaos on 23 December.

Just down from Whites truck are another 30 or 40 HGVs also waiting clearance. The French drivers Benjamin Brogniart and Michael Delattre have come from Corby in Northamptonshire with lorries packed with red plastic packaging for industrial batteries.

They have been stuck in the lorry park since 8pm the night before.

Brexit, for us, its not very good, said Brogniart.

Another French driver, Alexandre Tronet, joins the conversation. This is what you wanted. You wanted Brexit, he said.

I got here at 6am, he added, putting his waiting time so far at six and a half hours. Again he has to wait until the freight owner sends over the correct customs paperwork to authorities stationed at the Eurotunnel border post.

You make the decisions at the last minute. They should have had this ready in the autumn and this would be running properly, he said.

Eurotunnel said so far Brexit had gone smoothly with the vast majority fully compliant with the new trading arrangements, and it was determined to help British exporters get to grips with the system.

Our aim is to have people spend as little time as possible here. Apart from teething problems, everything has gone very smoothly, said John Keefe, the director of public affairs.

For the few trucks that are stopped, we have our Eurotunnel border service to help them through the process. They meet the drivers on arrival, help them go through the paperwork or inspection and help them gather whatever documents are missing so that they can leave here as soon as possible. They also make sure the drivers, the haulage companies and the traders understand what was missing and what they need to have with them to avoid stopping next time.

These maiden Brexit disruptions offer a glimpse of the potential for delays when traffic levels at Dover and Calais return to normal levels at the end of this month. Eurotunnel said it had been Brexit-ready since March 2019 when it first put the infrastructure now being deployed in place at a cost of 47m.

It already operates an array of controls and checks on those travelling the other way, including safety checks using sniffer dogs. They are deployed on every truck at the pit stop inspection point, trained to identify stowaways.

The stop now also provides an opportunity to scan drivers paperwork for exports into Britain.

On the other side of the channel, the UK has delayed the imposition of Brexit checks for six months: some of the lorry parks are not ready, nor is business, as the Brexit deal was only sealed on Christmas Eve.

It has put in place mitigation measures to avert a repeat of the mayhem on Kent roads before Christmas. One of those is the Michael Gove-inspired Kent Access Permit (KAP) being called the Brexit passport which is issued electronically to trucks whose suppliers have to testify they have all their paperwork for the Channel crossing in order.

The Cabinet Office said 18,000 KAPs had been issued so far and around 700 lorries have been turned away from the border with a further 150 fines handed out for non-compliance.

One of our guys was fined 300, said Delattre. The driver was caught not by police, but when he went to the Ashford HMRC park to get a Covid test, which are now mandatory before boarding either a train or ferry to France.

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'I'm stuck here': lorry drivers in Calais begin to feel effects of Brexit - The Guardian

Brexit deal has 'smashed people's dreams' says fishing boss

Bloomberg reports that a deal was set to be announced in a matter before days before Trump protestors stormed Capitol Hill on Wednesday night. It is understood the US and the UK were racing to reach a limited trade agreement before the political crisis in Washington.This blog is no longer live, please follow here for the latest updates.

The deal would end tariffs on some UK imports, including on Scotch Whisky.

The goal between both sides, however, is to resolve parts of a longstanding transatlantic dispute over illegal aid toBoeing Co.andAirbus SE.

Sources told Bloomberg the deal should have been struck but the chaos surrounding the riots in Capitol Hill has put a spanner in the works.

And UK officials are in a rush to push it through before Joe Biden takes the White House.

The Biden administration will be battling with other issues to do with the transition.

It comes as Mr Johnson had a phone call with 250 business leaders to help him decide which EU rules to keep and which to ditch now that Britain has finally left the EU.

Downing Street said in a statement that Mr Johnson was committed to working with British businesses to realise the vast opportunities on offer as the UK forges an independent future.

Mr Johnson was joined on the call yesterday by Chancellor Rishi Sunak, Business Secretary Alok Sharma, and Trade Secretary Liz Truss.

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10pm update: Gove warns traders to prepare for significant additional disruption at the border

Traders have been warned that there is likely to be significant additional disruption at the UK border in the coming weeks following Brexit customs changes.

Cabinet Office minister Michael Gove assured traders and hauliers that efforts to assist them would be redoubled but highlighted that all paperwork should be in order.

It comes as major parcel courier DPD paused some delivery services into Europe - including Ireland - because of pressure caused by new post-Brexit red tape.

7.15pm update:Brexit fury: Switzerland anger after EU 'took Swiss hostage'

Brexit trading relations with the EU could take a turn for the worse if the UK endures similar disagreements with Brussels as Switzerland.

Prime MinisterBoris Johnsonwas eventually able to secure aBrexittrade deal with theEU, and boasted that it will help Britain take control of its borders, laws and waters.

But one key issue could come back to bite the UK, just as it did Switzerland during their negotiations with the EU over an institutional framework agreement.

Negotiations for the partnership began in 2014, but still Bern and Brussels continue to work together on only a patchwork of treaties.

Tensions were high in January 2018, when Switzerland's financial services sector was "taken hostage" by the EU.

All political parties in the country united to stand against Brussels after EU regulation dictated that Switzerland must accept rulings by EU judges as the condition for services access to the single market.

6pm update:EU preparing to seize on UK finance centre in Brexit punishment

The EU could "put the squeeze" on the UK as they no longer "tolerate" Britain being Europe's "financial centre", a Conservative peer has warned.

Britain's position as the "financial centre for theEuropean Union" despite leaving the bloc is going to be under threat, aConservativepeer has warned.

Lord Horam was addressing the House of Lords explaining why he thought theBrexitdeal was "not a good [one]" for the UK.

He also claimed the country could see a "pretty serious" hit on the financial services industry.

Lord Horam told peers: "Like most of us I imagine, I was relieved in the end that there was the deal.

"But I am afraid it is not a good deal for the UK.

"The European Union gets all it wants on trade and we get nothing on services which we all now know relentlessly are 80 percent of our economy.

"That could be pretty serious for our financial services industry."

4.00pm update:Brexit deal to leave UK taxpayers STILL paying into EU budget

Brexit Britain is not as independent as Boris Johnson promised it would be when he vowed to deliver an "oven-ready" Brexit deal with the EU, a political expert has claimed.

Speaking to DW, political scientist Tanja Borzel claimed Boris Johnson has failed to deliver on his promise to "take back control" as she analysed theBrexitdeal the Prime Minister has signed with the EU in December.

Ms Borzel argued that as the UK will still be forced to comply with some EU laws and to pay into the Brussels annual budget, Britain is yet to be independent from the bloc.

She said: "Boris Johnson has not delivered because he promised that Britain would take back control and I don't see that Britain has actually taken back control."

2.09pm update:Retailers in Northern Ireland 'experiencing disruption after Brexit'

Major retailers into Northern Ireland - including M&S and Tesco - have experienced temporary disruption while they adapt to post-Brexit arrangements, the industry said.

Marks and Spencer has paused delivery of a small proportion of product lines to ensure its lorries are not turned away at ports like Belfast or Larne.

There may be less choice but firms are working hard to continue to provision the country, a representative of most major supermarkets said.

Customs declarations need to be made for many items arriving in Northern Ireland.

An M&S spokesman said: "We have served customers in Northern Ireland for over 50 years and our priority is to make sure we continue to deliver the same choice and great quality range that our loyal customers have always enjoyed.

"Stores have been receiving regular deliveries this week, however following the UK's recent departure from the EU, we are transitioning to new processes and we're working closely with our partners and suppliers to ensure customers can continue to enjoy a great range of products."

1.20pm update:Brexit revenge plot: UK braces for border chaos as Macron 'reads riot act'- details leaked

UK hauliers have been warned tougher customs controls will be implemented from Monday, prompting fears of significant disruption at the borders. French officials are expected to ramp up checks after lorries arriving from the UK were found not to be fully compliant with EU trade rules, particularly on phytosanitary (SPS) controls on agrifoods.

The warnings were made during two conference calls between British industry bodies and UK Government agencies on Thursday, according to the Financial Times.

The paper reports the French had read the riot act to port and ferry operations after initial checks showed the vast majority of lorries arriving from the UK breached EU trade rules.

As a result UK trade groups and senior Whitehall officials are braced for more rigorous checks next week.

One senior UK official said the government was holding its breath for more significant disruption at British ports in the coming days.

12.30pm update: Fury as Brexit deal with EU forces UK pay billions into Eurocrat pension pots for 44 YEARS

Brexit does not mean Britains financial contribution to the EU is over, with taxpayers facing the prospect of paying 10billion into the blocs pension pot over the course of the next 44 years, a shocking new analysis has indicated.

And among those who will benefit are European Commission President Ursula von der Leyen, her predecessor Jean-Claude Juncker, EU negotiator Michel Barnier and ardent Brexit critic Guy Verhofstadt - with former Brexit Party MEP Ben Habib describing the situation as a travesty.

The analysis, prepared by the Facts4EU.org website, uses figures published by the Office for Budget Responsibility in 2018 to show that the UKs contribution will be at least 9.5billion.

However, since then the European Commissions financial accounts for 2019 show a 15.5billion (17.2billion) increase in the net liabilities of its pension scheme.

11.51am update:Belgium desperate for post-Brexit trade with UK

Belgium has stated its intention to negotiate a trade deal with the UK as countries around the world quickly line up to do business with Brexit Britain.

Departing the EU means the UK is free to negotiate new and improved trade deals with countries around the world, with dozens already in place with the likes of Japan, Norway, South Korea and Switzerland.

Negotiations with the likes of Canada and Australia are in progress, while talks with the US are expected to resume this year as Joe Biden takes over from Donald Trump as President.

But just a week after Brexit was completed, Belgium has said it wants to negotiate a series of bilateral agreements with the UK, as permitted by the terms of the trade deal between the EU and Britain.

The historic agreement enables the remaining 27 EU member states to conclude deals with the UK within the framework of shared competences with Brussels.

Belgian Prime Minister Alexander De Croo said avoiding a no-deal outcome by concluding a zero tariff, zero quota trade agreement is an "excellent thing for Belgium, which has traditionally had a trade surplus vis--vis the United Kingdom".

11am update: Parcel courier warns of post-Brexit delays

A major parcel courier has paused some delivery services into Europe - including Ireland - because of pressure caused by new post-Brexit red tape.

DPD became the latest company to warn that Boris Johnson's divorce settlement with Brussels had led to more complex processes at the border.

DPD said that up to 20 percent of parcels had incorrect or incomplete data, meaning they had to be returned to customers, and announced a pause to its road service into Europe and Ireland until Wednesday.

The company said in a statement: "The EU-UK Trade and Cooperation Agreement resulted in more complex processes, and additional customs data requirements for parcels destined for Europe. This, along with delays and congestion at UK ports for channel crossings, has placed extra pressure on our turnaround and transit times.

"We are seeing up to 20 percent of parcels with incorrect or incomplete data attached, resulting in these parcels needing to be returned to customers, so that the required data can be provided.

"In view of this unprecedented set of circumstances we believe that it is only right to pause and review our road service into Europe, including the Republic of Ireland. During this time, we will work with our customers to validate and correct the data we have in our system, to reduce the delays and enable us to resume normal service.

This pause in our operation will be as short as possible and we intend to recommence this service on Wednesday January 13."

10.22am update: 'EU caved on Brexit' after Merkel panicked about 80bn trade surplus and 'stepped in'

The European Union has been furiously attacked for its Brexit talks with the UK, with Angela Merkel accused of being terrified about a potential 80billion trade surplus and piling the pressure on Brussels to avoid a disastrous no-deal outcome for Germany.

A hard Brexit would have cost the EU as much as 33billion in annual exports, according to economic research by insurer Allianz in November, with Germany, home to the bloc's biggest economy and fourth-largest in the world, among those hit the hardest.

Charles-Henri Gallois, President of the political movement Generation Frexit, campaigning for France to become one of the next countries to leave the bloc, branded the EU a "total disaster".

He believes the huge 80billion trade surplus should have seen the EU pushing for a Brexit deal right from the start, but raged Brussels had "acted like a sect that wants to punish the member that wants to take back his freedom".

Mr Gallois believes Germany was terrified of a no-deal outcome, forcing them to pile late pressure onto Brussels to strike an agreement, which ultimately saw the bloc's negotiators cave in.

9.49am update:High numbers of vehicles refused at UK-French ports due to incorrect paperwork

A high number of vehicles travelling from Britain to France have been refused entry or delayed due to having the incorrect paperwork after Brexit, logistics group DFDS said on Friday.

Trade flows between Britain and the European Union have remained low this week after many companies stockpiled goods in late 2020 to avoid having to cross the new customs border in the first week after Britain left the EU's orbit on Dec. 31.

DFDS said on Twitter: "We are experiencing a high volume of vehicles being refused and delayed at the Ports of Calais, Dunkirk and Dover, due to incorrect paperwork being presented at check-in."

9.15am update: UK borders may become busier in days and weeks to come

Transport Secretary Grant Shapps has said "busy times" may return to UK borders as firms get to grips with new paperwork after the exit from the EU single market.

He told BBC Radio 4's Today programme: "The Cabinet Office is working very closely with businesses. It's not the case that goods are stopping flowing.

"I was studying, as I do by the hour at the moment, the flow at Kent and it's been picking up every single day of this year so far and you're seeing goods crossing the short straits and flowing perfectly smoothly."

But he was pressed on whether pressures at the border will build because currently firms are avoiding it.

Mr Shapps said: "It's been a quieter start to the year, a lot of that's to do with anticipations, so the stockpiling that's going on."

He added that the chaos seen last month while the post-Brexit transition period was still in place was due to the French closing the border because of concerns over the UK strain of coronavirus and was "nothing to do with the change of paperwork".

"We may well see busy times again but actually at the moment the border is in fact flowing and it's flowing very smoothly," he said.

8.26am update: Boris told to use new Brexit powers to BAN EU supertrawlers

Boris Johnson must use the new Brexit powers available to the UK following the departure from the European Union to ban monster supertrawlers from the bloc plundering British seas, the latest Express.co.uk poll has revealed.

In the latest Express.co.uk poll, readers voted for Mr Johnson to use these new powers to ban huge supertrawlers from the bloc plundering British waters and hoovering up fish in those seas.

The poll, which ran from 3pm on Thursday January 7 until 7am on Friday January 8, asked: "What should Boris Johnson use new powers for after leaving EU?"

The options were available to readers were: Ban EU supertrawlers; VAT cuts on household energy bills; give UK science a huge cash boost through state aid; sign huge free trade deals; toughen UK borders; "don't know" and "other".

Forty-four percent or 2,291 of the 5,168 readers that voted said Mr Johnson should ban EU supertrawlers in British waters, while 28 percent (1,405 readers) would like the Prime Minister to toughen the country's borders and make it a safer country.

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Brexit LIVE: UK and US close to major trade deal - Race against time before Biden arrives - Daily Express

Consumers will bear the cost of the trouble facing traders following the imposition of Brexit red tape, a senior retail chief has warned.

Stuart Rose, chairman of supermarket delivery company Ocado, said the delays and difficulties in international shipping caused by added paperwork meant the cost will be passed on to the consumer.

A haulage firm boss, meanwhile, predicted the customs changes would lead to a bloodbath for the sector with delivery delays eating into already tight profit margins.

It comes after UK Cabinet Office Minister Michael Gove warned businesses and hauliers on Friday that there is likely to be significant additional disruption at the UK border as a result of increasing trade traffic, particularly at Dover.

The trouble already experienced following the end of the transition period with the European Union on December 31 has led to major parcel courier DPD pausing some delivery services into Europe, including Ireland.

Supermarket giant Marks & Spencer said the new regulations are set to significantly impact its overseas ventures in Ireland, the Czech Republic and France.

Mr Rose, the ex-Remain campaign chief and former M&S chairman, told BBC Radio 4s Today: You cant interfere with a finely honed, 50-year legacy supply chain and expect it to all run smoothly on day one.

The issue of transport and hauliers not wanting to send their lorries here is because they are worried about their lorries being stuck and worried about lost profit, which means therefore the cost will be passed on to the consumer.

You will see some short-term shortages but lets be clear, there is not going to be a famine.

Food will continue to come in, although at this time of the year 50-80%-plus of our fruit and veg comes in from Europe and beyond and a lot of that comes in through Dover on trucks.

Were talking about fresh product which is perishable. If it doesnt get out within 24 hours, it goes off, it rots, it gets thrown away thats lost profit, thats a real problem for businesses both ways.

Lorenzo Zaccheo, managing director of Kent-based haulage firm Alcaline UK, said he was expecting deliveries to take two-and-a-half days longer than last year when the country was still following EU rules.

He said vehicles were currently getting stuck at ports for seven hours and that European hauliers were turning down work in the UK, even when offered twice the usual rate.

Mr Zaccheo told Today he thought the problems would go on for months longer, adding: First of all there are not enough clearing agents out there then youve got Covid, with some of them self-isolating and everything else.

It is just a complete mess. This is going to be a bloodbath. Cost wise as weve seen this week the cost of transport will treble into the United Kingdom because everybody is refusing to come.

We offered twice as much and they still dont want to come.

Rachel Reeves, Labours shadow chancellor of the Duchy of Lancaster, said transport companies had been left wrangling with completely overwhelmed systems without any help.

The British government has promised to redouble efforts to inform traders of the paperwork required now that the UK is outside of EU rules.

Boris Johnsons Brexit deal ensured free trade on goods could continue but being outside the single market and customs union has still meant added checks on cargo entering Europe.

As well as requiring the correct paperwork, including export declarations and the extra certificates needed for products such as plant and animal products, hauliers must also secure a negative Covid-19 test and a Kent Access Permit before embarking on their travels onwards to Europe.

The latest government figures show that around 700 lorries have been turned away from the border since new rules came into force and about 150 fines have been handed out for non-compliance with new rules designed to reduce truck queues in Kent.

But officials have warned that those numbers could increase as the flow of lorries heading through Kent increases, with traffic drastically reduced at present.

Over the past week, there has been an average of 1,584 lorries per day attempting border crossings, which is only around 40% of historical norms, according to the Cabinet Office.

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Consumers warned they will bear the cost of Brexit border delays - Irish Examiner

Ro/pax ferries at Holyhead Port (file image)

By The Maritime Executive 01-08-2021 02:57:00

Ireland's customs agency has introduced a workaround for British exporters who are having trouble completing the paperwork required for international shipments between the UK and Ireland. Before January 1, both were within the EU customs union and trade could pass between them with few impediments; now that the Brexit transition period has ended, shippers must complete extensive customs declarations for cross-border movement of goods.

While significant numbers of businesses are properly submitting the newly-required Entry Summary Declaration (ENS) required by Ireland's Revenue Commissioners, the agency "recognizes that some businesses are experiencing difficulties in lodging their safety and security ENS declaration in respect of RoRo goods movements."

Due to the disruption caused by businesses' difficulties in completing the forms, top Britain-to-Ireland ferry operator Stena Line has canceled 12 sailings over the next five days. Freight volumes have fallen and ro/ro ferries have been running at low capacity, the firm says, and trucks carrying cargoes without the right paperwork have been denied permission to board at the key Irish Sea port of Holyhead.

In response, Ireland's revenue service is giving shippers a special code to use for their Pre-Boarding Notification (PBN) paperwork when they can't create one the usual way "due to the absence of key information or because of other impediments." This bypass allows them to complete customs formalities and get their goods on board ferries. "Take-up of this temporary facilitation will be a signal to Revenue that you need support," the agency told shippers.

"It is clear that many were not as prepared as they thought or significantly underestimated what was involved in being Brexit-ready," a Revenue spokesperson told Reuters.

Customs challenges driven by Brexit have been predicted for years, and these difficulties are beginning to manifest on the UK's cross-channel ferry routes as well.

"We are experiencing a high volume of vehicles being refused and delayed at the Ports of Calais, Dunkerque and Dover, due to incorrect paperwork being presented at check-in," cautioned ferry operator DFDS on Friday.

Cabinet minister Michael Gove said Friday that the UK government would "redouble our efforts to communicate the precise paperwork that's required," but he warned that "in the weeks ahead, we expect that there will be significant additional disruption - particularly on the Dover-Calais route."

Truckers and passengers face an additional hurdle on France-bound routes: as the UK enters its third COVID-19 lockdown, all individuals are required to obtain a negative COVID-19 test result within 72 hours prior to boarding. All are advised to obtain a free test at one of three dozen available sites before arriving at Dover in order to reduce congestion.

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Brexit Customs Problems Begin at Holyhead and Dover - The Maritime Executive

There is a shortage of Percy Pig sweets in Marks and Spencer: now we know Brexit is real. And Michael Gove, the minister for ensuring everything runs smoothly, has been on TV warning of the potential for significant disruption.

Until now, the idea of trade friction has been an abstract concept, hard to imagine, not least because the EU trade treaty is so unusual in purposely making trade more difficult. As minister for ensuring things run smoothly, Gove was in the awkward position of preparing for arrangements that hadnt been finalised, affecting systems so complex he couldnt easily predict where the worst problems would happen and all for a policy he had championed.

It turns out that queues of lorries in Kent are not or not yet the main problem. That may be because hauliers are waiting to see how the border checks work before they resume sending the usual volumes of traffic through Dover and Folkestone. Instead, it is the rules-of-origin admin that is causing trouble, requiring tariffs to be imposed on some goods imported to the UK and re-exported to the EU. Tariff-free doesnt feel so tariff-free when you look at the small print, said Steve Rowe, M&S chief executive.

Thus DPD, the courier company, has suspended deliveries to the EU for five days while it gets on top of the paperwork (although I assume its mostly computerised). Rachel Reeves, Goves Labour shadow, has been quick with the press release: This government said it was prepared for a smooth transition but instead major carriers like DPD are left wrangling with completely overwhelmed systems without any help.

On the whole, though, the air is mercifully free of told you sos. In part, that is because there is a lot else going on, from the dying days of Donald Trumps kitsch empire in Washington to the state of coronavirus emergency in London. But mostly I think it is because even the most ardent Remainers recognise that getting to grips with new procedures is mostly a temporary setback rather than a fundamental argument against leaving the EU.

The fundamental argument is that, even when we have adjusted to the new rules, and to the series of specific disablements, such as not being able to export live eels or seed potatoes, trade with the EU will be slightly more difficult. Tony Connelly, the brilliant Europe editor of Irish broadcaster RTE, has written about the new dawn of trade friction for those who are interested in the detail, but the simple truth is easily extracted: that making trade more difficult makes it more expensive and imposes a cost on the British economy.

Here I think some Remainers get ahead of themselves although it was interesting that Rosie Duffield, the Labour MP who wants to rejoin the EU, this week accepted that this is not a realistic policy for the party for at least five years. The effect of the temporary disruptions to imports and exports will dissipate, while the long-term costs of Brexit will be invisible. Once M&S has sorted out the logistics of Percy Pig distribution, most people wont notice much change as a result of leaving the EU. From the point of view of Rejoiners, the problem is that Brexit will make us poorer than we would otherwise have been, not poorer than we are now. It might take decades for people to feel that they are slipping behind their continental and Irish neighbours.

For that reason, the well known opinion polling findings suggesting that a clear majority now think Britain was wrong to vote to leave may not mean that much. More important now is how many people would go so far as to support an application to rejoin. We got the first hint of that before the EU deal was done, when Kantar asked people between 10 and 14 December: If a new referendum was held on EU membership, how would you vote? Excluding the large number (19 per cent) who said they wouldnt vote presumably mostly in protest against the idea of a new referendum or who didnt know, people were split down the middle, with 51 per cent saying stay out and 49 per cent saying apply to join.

I suspect that support for rejoining is wide but shallow, in that the numbers who think rejoining is a priority or even that it would be a realistic possibility would be much lower. Nevertheless, support for rejoining is high enough to make me wonder again at Ed Daveys refusal to identify the Liberal Democrats unambiguously with the policy.

I doubt that public support for rejoining the EU will grow much in the next few years, but the question still has the power to divide parties although we have now reached one of those crossover points where henceforth it will be the opposition parties that are divided while the Conservatives are united.

As it is, Davey and Keir Starmer are jointly leading the Remainer shuffle away from their convictions, both hoping that if they dont say anything their parties will stop banging on about Europe. David Cameron can tell them how well that is likely to go.

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Now Brexit has actually happened, will people change their minds about it? - The Independent

Recognition in the transition periodWhile the benefits of English R&I processes continue to exist post-Brexit, it is important to understand the complexities that arise from key pieces of EU legislation no longer being applicable to the UK. Until December 31, 2020, the commencement of insolvency proceedings1 in EU Member States (except Denmark), in sofar as it applies to the UK, was regulated primarily by Regulation No 2015-848 on Insolvency Proceedings (Recast Regulation). Pursuant to the Recast Regulation, where the centre of main interests (COMI) of a debtor is located in an EU Member State (except Denmark), insolvency proceedings opened in that Member State are automatically recognized throughout the EU as Main Proceedings. Further, if a debtors COMI is located in an EU Member State, it can open secondary insolvency proceedings in another EU Member State if the debtor has an establishment there, as Secondary Proceedings.

The UK ceased to be a member of the EU from January 31, 2020 (Exit Day), and entered into the EU-UK Withdrawal Agreement, which came into force on February 1, 2020, and was ratified and incorporated into UK domestic law via the European Union (Withdrawal Agreement) Act 2020 (EWA). The EWA provided for a period of time (the transition period) during which EU legislation continued to apply to the UK, which ended on December 31, 2020. During the transition period, the Recast Regulation continued to apply as between the EU and the UK in the same way as prior to Exit Day, resulting in the UK continuing to recognize insolvency proceedings commenced in other EU Member States while receiving reciprocal recognition of UK insolvency proceedings, in each case, where Main Proceedings were commenced on or before December 31, 2020 (Article 67(3), EWA).

Recognition after the end of the transition periodThe Insolvency (Amendment) (EU Exit) Regulations 2019 (as amended by the Insolvency (Amendment) (EU Exit) Regulations 2020) sought to provide a general alignment of treatment of EU Member States and the UK in a hard Brexit scenario. Effectively, UK courts are given jurisdiction to open insolvency proceedings after the end of the transition period where either the debtors (i) COMI is in the UK, or (ii) COMI is in another EU Member State and there is an establishment in the UK. Further, such jurisdiction tests sit alongside pre-existing UK jurisdiction tests (e.g. sufficient connection for the winding-up of foreign companies), which are no longer restricted by the Recast Regulation and could result in the UK courts taking a more expansive jurisdiction in insolvency proceedings.

Significantly, the TCA does not reference any transitional provisions that would afford automatic recognition of UK insolvency proceedings in EU Member States (and vice versa), nor does it extend the protections contained in the EWA. Therefore, while the TCA is considered a deal for certain industries and sectors, we are actually facing a no-deal Brexit scenario raising further complexities and recognition issues with respect to R&I processes of pan-European corporations that are led out of, respectively, the UK and an EU Member State.

Recognition by EU Member States of UK R&I proceedings post-Brexit (outward)

1.UNCITRAL Model Law on Cross-Border Insolvency has been implemented into UK domestic legislation through the Cross Border Insolvency Regulations 2006 and provides for recognition of insolvency proceedings and cooperation between participating jurisdictions. While the U.S. and Singapore are notable jurisdictions that have enacted the Model Law with success, its impact on implementing restructurings post-Brexit throughout Europe may be more limited given that the only EU Member States to implement the Model Law to-date are Poland, Slovenia, Greece, and Romania.

2.Local laws: For EU Member States that have not enacted the Model Law, UK officeholders will need to rely on relevant local laws to gain recognition and enforcement of UK orders in the relevant Member State. For example, Germany has provisions allowing for recognition of foreign insolvency proceedings. Further, recognition in EU Member States may be bolstered by considerations of mutual recognition with the UK.

Recognition by EU Member States of UK judgments and orders post-Brexit (including those handed down in relation to English schemes of arrangement and the new restructuring plans) (outward)

3.Lugano Convention 2007 (Lugano): provides a framework for the recognition and enforcement of judgments (including those handed down in relation to English schemes of arrangement and the new restructuring plan). The general position is that a defendant domiciled in an EU Member State shall be sued in the courts of that EU Member State, and judgments given in one Member State shall be registered and enforced in another Member State. However, this regime has been revoked following the end of the transition period and jurisdiction will be determined, at least for the time being, by applying existing local law of the relevant EU Member State, save where a relevant international convention or agreement applies. On April 8, 2020, the UK deposited a request for re-accession to Lugano as an individual member, which requires the unanimous consent of all contracting parties. However, the EU and Denmark have yet to give their explicit consent. Further, the UK government would prefer to build on the principles of Lugano via a new bilateral agreement with the EU. Whether such a new bilateral agreement can be agreed and, if so, what it will contain remains to be seen.

4.Hague Convention on Choice of Court Agreements: where parties have stipulated an exclusive choice of court agreement in their contracts, the Hague Convention requires that the parties decision and choice of court is respected. It further provides that any judgment rendered by the chosen court will be recognized and enforced in other signatory states. On September 28, 2020, the UK deposited a new request for re-accession to the Hague Convention to ensure the continuity of the Hague Convention following the end of the transition period.

5.Rome I Regulation (Rome I): determines the law governing contractual and non-contractual obligations and applies in all EU member states (except Denmark). Following the end of the transition period, Rome I will be converted into UK domestic law allowing parties to choose the law applicable to the relevant agreements and providing for recognition across EU Member States (except Denmark). In the context of English law governed debt that is compromised under an English scheme of arrangement, Rome I will allow the relevant scheme order to be recognised throughout the EU.

Recognition by the UK of EU R&I proceedings post-Brexit (inward)

6.Section 426 of the Insolvency Act 1986 provides a unique tool whereby recognition is sought in the UK of an insolvency proceeding taking place in a designated jurisdiction, thereby giving English courts permission to assist foreign courts. However, this statutory power is available only upon request by a foreign court and is limited to certain designated jurisdictions (e.g., Commonwealth countries and Ireland).

7.Cross Border Insolvency Regulations 2006 (CBIR): In order for foreign proceedings to be recognised in the UK under the CBIR, the debtor must have a place of business or residence or assets situated in the UK, or the Court must otherwise consider recognition appropriate. The CBIR apply without the need for reciprocity (which means, for example, that the UK will recognise eligible foreign insolvency proceedings even if the relevant foreign country has not itself enacted the Model Law).

8.Common law principles of insolvency assistance: Key principles derived from case law2, provide that, ideally, there should be a unitary insolvency proceeding in the court of the debtors domicile that receives worldwide recognition and that should apply universally to the debtors assets (known as universalism).

Although there are alternative legal mechanisms available to pursue recognition of R&I proceedings, these need to be considered on a case by case basis for restructurings post-Brexit. Eventually, precedent will establish a clearer route, and there is always the possibility of a subsequent deal between the EU and the UK.

Practical consequences

The Brexit deal is likely to have a greater impact on European R&I proceedings involving the UK, particularly given that reciprocal automatic recognition will no longer apply with the loss of access to key EU legislation. Consequently, although the practical consequences will vary depending on the specific circumstances and jurisdictions involved, there may be a possible need for parallel proceedings (particularly for recognition) that will entail additional time and costs. Other possible practical consequences worth noting include these:

1.English-headquartered groups may decide to shift the COMI of European guarantors to the UK ahead of implementing an English R&I process, to ensure they take advantage of the comprehensive toolkit made available under English procedures that are well regarded on the global stage.

2.EU-headquartered groups may similarly decide to shift the COMI of UK guarantors to their home EU Member State and continue to rely on EU legislation and local R&I regimes and tools. However, note that a number of EU Member States have failed to provide the same level of certainty that English courts can offer. For example, European R&I processes have not been as successful as the UK in compromising guarantees that have been granted by group entities that are domiciled in other EU Member States.

3.The rule in Gibbs3 is likely to take on more significance following a hard Brexit. Gibbs provides that only an English R&I process would be effective to compromise or discharge English law governed debt. Under the Recast Regulation, the rule in Gibbs is effectively overriden in respect of European compromise proceedings, but that will no longer be the case, and we may start to see the English courts revert to the rule in Gibbs. Consequently, companies may be required to weigh the benefits of using the English judicial system against the greater harmonisation amongst the remaining EU Member States.

4.A number of European jurisdictions are introducing new restructuring tools akin to the English scheme of arrangement or new restructuring plan. For example, the Netherlands have already introduced their own scheme, and Germany is in the process of introducing its own scheme as an alternative to the English scheme of arrangement.

Despite the loss of access to key EU legislation (predominantly, the Recast Regulation and the Judgments Regulation) that have provided a uniform legal regime for European R&I processes, the popularity of English R&I processes is unlikely to be severely affected post-Brexit. We expect that the English courts will continue to be favored as the choice of forum for many R&I proceedings. UK restructuring tools provide great flexibility to implement a wide range of restructuring options (from short standstills to full holistic restructurings), quick access to the English courts (particularly in the context of implementing an English scheme of arrangement or the new restructuring plan, each of which can be completed in a matter of weeks), and tried and tested procedures providing confidence and certainty for all stakeholders.

1 -Note that judgments (and, as such, UK schemes of arrangement) were generally considered to be dealt with by the Recast Regulation.2 -Rubin v Eurofinance [2012] UKSC 463 -Antony Gibbs & Sons v La Socit Industrielle et Commerciale des Mtaux (1890) LR 25 QBD 399

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The Brexit Deal Is Done: What Does it Mean for Recognition in Cross-Border Restructurings and Insolvencies? - Sidley Austin LLP

Brexit colossal foreign policy blunder says Bercow

Former House of Commons Speaker John Bercow has been attacked following his comments on Brexit. While speaking to LBC's Nick Ferrari, Mr Bercow argued that Brexit was the UK's biggest mistake post-war. He also argued that while Boris Johnson had secured a Brexit deal, it was bare bones.

Mr Ferrari said: "It has been only days since Britain fully Brexited and has a trade deal.

"Fortunately, goods are still flowing both ways at Dover. We are going to be okay aren't we?"

Mr Bercow admitted he was hopeful but went into detail of his scepticisms.

He said: "I hope so but I do think it is very early days and I am not yet convinced.

DON'T MISS:EU businesses will have to DROP their prices to compete in UK

"You would think me a very strange character indeed if I suddenly turned tail and said I think Brexit is a marvellous idea.

"My own personal view is that Brexit is the most colossal foreign policy blunder of the post-war period."

Mr Ferrari interrupted to say that Boris Johnson has pulled Brexit off and managed to get a deal.

Mr Bercow replied: "Yes, Boris Johnson did get a deal and getting a deal is much better than having an ejection from the Union.

"I readily acknowledge that but it is a pretty thin skeletal deal."

Many frustrated viewers and listeners took to Twitter to voice their frustration at the former Speaker's comments.

One user wrote: "Who cares what this nobody thinks."

Another added: "Have you heard this horrible man Bercow on LBC today?

"What a pompous person he is. Our great Parliament is well rid of him."

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While another wrote: "Not as colossal as putting you as Speaker of the Commons.

"That was a monumental crackpot decision."

Another social media user added: "What is this ridiculous man doing back giving his opinion on things that don't concern him.

"I thought we got rid of him."

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John Bercow anti-Brexit rant BACKFIRES as he faces backlash 'Who cares what he thinks!' - Daily Express

The mayor of a Cornish town who was targeted with racist abuse after a dispute over the flying of union flags to celebrate Brexit has spoken of her fear and anger.

Police have installed a panic alarm at the home of Nicole Broadhurst after she received thousands of messages, many abusive or racist, criticising her for saying the flags had to be taken down from Penzance seafront.

Broadhurst, who is black, also revealed that she and her husband were badly shaken after a group arrived at her remote home in a van at night, shone headlights into their sitting room and shouted abuse.

She has been advised by police to suspend her mayoral Facebook page and staff at Penzance town council are passing offensive messages straight to the police rather than showing them to her.

Broadhurst, 50, said: Its quite frightening to think they can do this to me and make me feel scared. Its a vocal minority who want people to change how they run their homes and towns.

When they came up to the house shouting and flashing their lights that was a bit of a shake-up for me and my husband. Now when a car pulls up, were both like, whats that? Were living differently to the day before it happened.

Flags are not normally flown on Penzance promenade in the winter because they can be damaged by high winds. But over new year 18 union flags appeared on poles owned by Cornwall council to mark the end of the Brexit transition.

Broadhurst made it clear they had not been authorised and they were taken down. A petition was launched against the move and the issue was picked up by local and national media, leading to thousands of abusive messages.

The mayor said: The messages were unpleasant, personal, misogynistic and horrible. They included things like: Dont you dare show your face in this town, youre an incomer, go back to where you came from.

There were lots of comments such as: Look at her, she should go back to where she came from. Broadhurst said she was born in south London, moved to Cornwall in 2005 and had been a town councillor for almost four years.

She said: I think I became a conduit for the anger that is out there, which is puzzling. The people who are angry won, they won Brexit. They got what they wanted, why are they still cross?

Ive been told by a few supporters keep your head down but I wont. People keep their head down because they have been slapped down by a vocal minority. I will be asking the council not to appease these people. If we have a policy there is no way we should change it just because a small vocal minority wants to change something.

She added: Its surreal that I have a personal panic alarm installed. The police are phoning to make sure Im OK. She said she had been told the police were investigating possible crimes under the Malicious Communications Act 1988.

It is not known who put the flags up. One man, speaking on condition of anonymity, told the Cornwall Live website he had done it to help the UK celebrate independence from the EU.

He said: They were not put up to create further divide in our community, they were put up to try to unite us as a nation. I am a proud Cornishman and I am proud to be British.

A spokesperson for Devon and Cornwall police said: Police in Penzance are investigating a report that racist comments had been posted online about a member of the community.

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Penzance mayor tells of racist abuse over removal of Brexit flags - The Guardian

Britains return to the gold standard in 1925 has become a byword for a self-inflicted economic fiasco. The idea was to seek stability by fixing a price for an ounce of gold on demand trade and confidence in sterling would flood back and Britain would continue with the roaring 20s, the boom that followed the First World War and the 1918 flu pandemic.

However, the exchange rate was pitched so high that industry, instead of seamlessly adjusting its prices and costs, was devastated. The consequent public austerity, deflation and attempted wage cuts triggered mass unemployment and the General Strike.

But at the time, Conservative opinion was universally for it and the Labour party made no objection. Indeed, Ramsay MacDonalds short-lived government four years later continued with the policy until it collapsed. The empire, free trade and sound finance demanded no less.

A hundred years later, in very different circumstances, amid hopes that we can emerge from lockdown into a soaring economy, a parallel self-inflicted fiasco is playing itself out. The no-deal, or figleaf-deal Brexit, rupturing trade relations with the EU, is now a month away.

Superimposed on the disaster of Covid, it will be regarded by future generations with the incredulity we regard the return to the gold standard. British business is to adjust as seamlessly and as quickly to the impending trade wrench as it was meant to do in 1925 to a vastly overvalued exchange rate. World economic pre-eminence will again magically return, as global Britain, freed from the regulatory chains of socialist Europe, spearheads a new era of burgeoning free trade.

No matter that trade in 2020 is not in bulk cotton and coal but in precision-engineered complex artefacts and sophisticated business advice and services. The preconditions are mutually recognised standards, specifications, qualifications and rules, a negotiated framework in which sovereignty is shared to deliver the gains from trade. But Brexiters, as the then chancellor, Winston Churchill, did in 1925, look to an imagined past. Britain is to be a sovereign free trader beholden to no one. That is a green light for hedge funds to speculate, for free ports to become paradises for anything-goes-capitalism and for ministers to spray cash to chums, unconstrained by EU rules.

Mainstream business, despite its increasingly desperate warnings, and ordinary workers have to take their chance. Once again, the Tory party and its press are mesmerised by quasi-imperial delusions and again the Labour leadership is intent on slipstreaming in their wake.

Brexit was the unmentionable in the chancellor Rishi Sunaks spending review last week. It is widely commented that Johnsons ultra-hard Brexit is going to cost as much or more than Covid in lost jobs and lost output, even as he blusters about the glorious opportunity. More seriously, British economic policy is founded on increasing the national debt from its current 2tn to nearly 3tn by 2024.

In the midst of a pandemic, this must be economically, strategically and morally right, especially as borrowing costs are negligible.

However, Brexit forces a major qualification. As the former Bank of England governor Mark Carney observed, every year that Britains international accounts are uniquely and permanently in the red, our capacity to borrow at home and abroad depends on the kindness of strangers. As long as we retain their confidence, there is no maxing out on borrowing as an individual might max out on a credit card, but lose that confidence and hell breaks over us.

Buried in the Office for Budget Responsibilitys economic outlook is the forecast that the deficit in Britains international current account will remain at a record 5% of national output for the next four years; it will be worse if there is a no-deal Brexit. No advanced country has ever tried to borrow so much for so long and at the same time so ruptured trade relations that its capacity to export its way out of trouble and build vital great companies is dramatically weakened.

Even the scant deal that Johnson might sign, at the death, will only marginally reduce the risk of economic calamity. Covid, and the challenge of remaking British capitalism, demands a high seriousness about our plight, absent from Brexiter recklessness. Only then will the strangers on whose kindness we depend take note and carry on lending.

First, there has to be a laser focus on lowering unemployment, dramatised by the collapse of Philip Greens retailing empire, Arcadia, which includes Burton and Topshop. Covid is exposing the over-reliance of the British economy on the high street, with little to put in its place. Sunak has a partial response in infrastructure spending (although inevitably slow burn) and a boost to the Jobcentre network, but this is poor tinder with no match to set the job-creation process alight.

Britain needs much more. It needs a Rooseveltian network of rainmaker agencies whose mandate is proactively to bring together work-rich projects and unemployed people to work on them. Putting all the emphasis on the unemployed to find work themselves in a world without it is moral and economic turpitude.

This needs to be supported by growing many more clusters of great companies to compensate for the Arcadias we are losing and they need markets at home and abroad. At home, this implies promising to sustain public and private demand with continued high public borrowing, but within a credible framework so that the commitment is believed. An option gaining ground in the US is to commit to keeping interest payments on the national debt below 1% of national income. It is credible and would allow trillions of borrowing headroom.

But companies need overseas markets too. In the 1930s, Britain could use its empire as an extension of its home market. The only parallel option in the 2020s is the EU single market: imagining the US, China and India as alternatives is fairground fantasy. We dont just need a Brexit deal. We need the full monty: membership at least of the EU single market and customs union and, although it now seems inconceivable, ultimately, membership of the EU. There is no crisis-free way through to better times without it. Lets learn from history.

Will Hutton is an Observer columnist

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Will we have a return of the roaring 20s? Fat chance when we are facing Brexit - The Guardian

Mujtaba Rahman is the head of Eurasia Groups Europe practice and the author ofPOLITICOs Beyond the Bubble column.

As the end of 2020 approaches, the European Union finds itself caught in two highly consequential, high-stakes games of chicken. Their outcome could define the next year, as well as the political legacies of two of Europes most powerful politicians: German Chancellor Angela Merkel and European Commission President Ursula von der Leyen.

The first crisis is the stalling of U.K.-EU negotiations over a future trade deal as the end of the Brexit transition period looms on December 31. The second is a stand-off between Poland, Hungary and the rest of the EU over proposals to link the disbursement of EU funds to countries observance of the rule of law.

While seemingly independent, these crises are very much linked. Failure to secure a deal on one or both of these issues would represent a terrible failure of Germanys presidency of the Council of the EU in other words, its European leadership.

With the EUs next long-term budget and recovery fund deadlocked, a cloud also hangs over the fate of the European economic recovery next year.

The deal EU leaders hammered out in July massively boosted investor confidence because market participants believed Europe had a credible economic plan to build back after the coronavirus pandemic.

With that agreement now in the balance, there are questions as to the EUs appetite to accept a no-deal Brexit and whether EU capitals and the Commission could become more flexible or, as von der Leyen suggested to the European Parliament on Tuesday, creative in fudging a deal to avoid further aggravating Europes economic picture.

Some senior voices in London hope the EUs last-minute troubles will give it pause for thought. But these challenges also increase the risk of miscalculation in negotiations, as both sides conclude that the others problems will push them to offer more concessions than they actually can or will.

Despite the deadlock on the budget, the EU is unlikely to fundamentally soften the price it seeks for a Brexit deal. The Commissions narrative that the single market is an ecosystem whose integrity would suffer unless the U.K. accepts binding level playing field provisions remains the most important substantive concern for the vast majority of EU capitals.

So British Prime Minister Boris Johnson is going to have to accept more constraints on U.K. sovereignty than he personally likes or than the more hard-line factions of his party may be willing to accept. Its not inconceivable that a Brexit trade deal will only go through with support from the opposition Labour Party.

For these very reasons, the decision is a finely balanced one for the U.K. prime minister even if other considerations the governments mismanagement of the coronavirus crisis; concerns over Scottish elections next year; Joe Bidens win in U.S. elections; and a resurgent Labour under Keir Starmer all rationally point in the direction of a deal being the more desirable outcome.

The calculations in Budapest and Warsaw are no less contradictory or indeed complex.

Both countries stand to benefit massively from the EU recovery fund next year through to 2026 (roughly 15 billion for Hungary and 63 billion for Poland). But the new rule-of-law provisions agreed between a majority of EU capitals and the European Parliament pose very serious problems for Hungarys Prime Minister Viktor Orbn and Polandsde facto leader JarosawKaczyski.

Orbns very governance model his modus vivendi is at stake. The greatest beneficiaries of EU generosity over the past decade have been his family and a small coterie of loyal acolytes on the ground. It is for this reason that Budapest has a general problem with any link between EU funds and the rule of law, preferring to deal with disagreements through the EUs slow-burning Article 7 procedure and the possible suspension of voting rights.

Polands concerns, while narrower, are no less existential. Kaczyskis hard line is partly in response to pressure from his junior coalition partner, Solidarity Poland, which is threatening to bring down the government if the rule-of-law mechanism stays as it stands.

This is somewhat tactical. Solidarity Polands leader, Zbigniew Ziobro, is riding a wave of nationalist, anti-EU sentiment that is gaining traction among conservative right-wing voters who are increasingly skeptical of the government. His position is also partly substantive, as Ziobro, who is the justice minister, worries that the mechanism will be used to roll back controversial reforms to the judiciary that his party supports.

Revising the legal text that underpins the new rule-of-law regulation is probably not an option, given the European Parliaments opposition. Here again, is a connection to Brexit the need for the Commission and the German presidency to tread carefully with the Parliament is doubly reinforced by the fact MEPs are also being leaned on to sign off on a Brexit deal with little or no scrutiny and perhaps only on the basis of an English legal text (as opposed to having the 24 language versions available) given the limited time left to ratify the deal and ensure it is implemented by January 1, 2021.

Given the Parliaments fragmented majorities, von der Leyen cannot afford to alienate its powerbrokers; if she does, her Green and digital agendas will run into the sand.

All of the compromises on the table diluting the rule-of-law mechanism at the implementation phase; suspending ongoing Article 7 procedures; or standing up an intergovernmental treaty for the recovery fund to get around Poland and Hungarys vetoes come with significant political and economic downsides. But a price will need to be paid if a deal is to come together.

This, then, is Europe at the end of an incredibly challenging year. It is possible, even likely, that a messy accommodation will be found, both with the U.K. and with Poland and Hungary. This may just be the cost of doing business in Europe. But its equally conceivable that no compromise will be found for either.

Von der Leyen and Merkels ability to navigate these stand-offs will be what decides whether Europe gets off to a strong start in 2021 or if it finds itself engulfed in political and economic crises, both from within and from without.

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Europe: Caught between a rule-of-law fight and a hard Brexit - POLITICO.eu