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Brexit, one year on. Where are we now?

By Paul James Cardwell 鈥� Posted on 19 February 2021

This blog was first published by Sciences Po Grenoble on 5 February 2021 and is reproduced with kind permission. You can find the original at

The UK鈥檚 departure from the EU has marked its first birthday, though in the context of the pandemic, the actual event seems like a lifetime ago. The end of January 2021 also marked the end of the first month of the new EU-UK relationship, under the EU-UK Trade and Cooperation Agreement (TCA). The text of the TCA was agreed on 24 December 2020 and signed on 30 December 2020. Its ratification by the UK, via the European Union (Future Relationship) Act 2020, took place with only one day for debate in both chambers of Parliament. It received Royal Assent 鈥� and hence entered into force 鈥� on 31 December 2020. The TCA applies provisionally before a decision of the Council of the EU, having obtained the consent of the European Parliament. The latter .

EU-UK relations in the first month of 鈥榠ndependence鈥�

Ursula von der Leyen, President of the European Commission, declared the TCA to be 鈥樷�� that would allow Europe 鈥樷�� Boris Johnson, UK Prime Minister, said that the TCA allows the UK 鈥榯o take back control of our laws, borders, money, trade and fisheries鈥� and that the relationship has changed from one based on EU law 鈥�.鈥�

One month on, it seems that neither of these statements has come true. In fact, EU-UK relations appear to be at their lowest ebb at any point since the start of the Brexit process. The , diverting from the practice of most countries around the world, appears weak in its reasoning and counterproductive. The impact of this decision, echoing  (and then ) by President Trump, was noted widely across the EU and characterised by Josep Borrell, High Representative for Foreign and Security Policy as 鈥樷��.

Besides the difficulties relating to the new trading relationship, much attention has been paid to the hastily announced decision before Christmas that the UK would no longer be part of Erasmus+, a decision much lamented , and overshading the decision to . The same can also be said of the music industry, and  for failing to agree measures to . The UK government then admitted in Parliament that it did not accept the EU鈥檚 broad offer because it 鈥樷��.

Worse still, the divergence in policy and practice between the UK on one side, and the EU and its Member States on the other has been in full view over the supply of Covid-19 vaccines.  as to call it 鈥榣a guerre des vaccins entre Londres et Bruxelles鈥�, which brought into sharp focus not only the (expected) post-Brexit difficulties relating to cross-border trade but the possibility of restrictions on trade between the EU and the UK as a third country in times of national and international emergencies. Tensions were not helped by the suggestion 鈥�   鈥� by the European Commission to trigger a safeguard clause in the Northern Ireland protocol preventing EU vaccine exports to Northern Ireland.

Adjusting to the 鈥榥ew normal鈥�

Anyone with a basic knowledge of the workings of the EU, the single market and customs  union would be able to foresee that leaving these institutions and frameworks would lead to an inevitable turning back of the clock. The physical representations of expected problems at borders 鈥� particularly the cross-channel, Dover-Calais routes 鈥� in fact occurred before Christmas due to Covid-19 restrictions on travel to France rather than Brexit per se. But the comparative lack of visible chaos in the New Year at the border masks the emergence of longer-term problems which cannot merely be dismissed as 鈥樷��.

The fishing industry is a case in point. Although its economic importance to the UK is small (approximately 0.1% of GDP), it has played an emblematic role in the Vote Leave narrative of an  from the EU and the Common Fisheries Policy. Yet, the assurances given to the industry about the ease of trade under the new EU-UK agreement have done anything but provide certainty. Exporters have found themselves unable to export to the EU and facing considerable non-tariff barriers, and are now seeking alternative means to sell to the EU, .

For Scotland鈥檚 substantial fishing industry, this failure to protect the industry has provided fertile ground for proponents of independence. There is little prospect of the difficulties in the new relationship being resolved since it is not fully clear how the problems can be crystallised into ones where solutions can be found. The British government鈥檚  before Christmas (but has not resigned over it). The reaction of another senior government Minister (the Leader of the House of Commons)  that fish are 鈥榖etter and happier鈥� because they are 鈥榥ow British鈥� after Brexit has not inspired confidence in the industry or beyond that solutions can be found.

Elsewhere, numerous accounts of companies being unable to find their way through the multiples sets of paperwork abound. Individual consumers are now finding themselves  or . Some smaller businesses in  and the EU have . Freight companies report that  because of the potential delays caused by increased but uncertain bureaucracy relating to exports and imports. The county of Kent, which includes the Port of Dover and is known as the 鈥楪arden of England鈥�, is finding itself  to house lorries dealing with customs paperwork and freight delays.

The pandemic and lack of the possibilities of international travel have muted many of the travel-related Brexit effects. The end of free movement in both directions between the EU and UK will not be fully experienced until later, though accounts are already emerging of the serious individual consequences of .

The experience of cross-channel lorry drivers having their ham and cheese sandwiches confiscated by customs officers in the Netherlands points to a markedly different travel experience in the future. As the Dutch officer in this case said, 鈥樷��.

The (dis)United Kingdom?

Much of the immediate impact of the post-Brexit environment has been felt in Northern Ireland. Northern Ireland special status under the Brexit agreement is designed to maintain its open border with Ireland, but necessarily involves new checks on goods between the mainland UK. These have now been admitted by the UK government to being more than 鈥榯eething problems鈥� but, , Northern Ireland continues to experience 鈥楪roundhog Day鈥� in negotiations on its position. No solution has emerged, or is even theoretically possible, which would maintain an open border with Ireland (and hence the EU) and the rest of the UK.

The suspension of paperwork checks due to threats to the physical safety of port employees undertaking their roles is a stark reminder of Northern Ireland鈥檚 troubled history and the need to ensure and consolidate the peace process and . The future of Northern Ireland鈥檚 constitutional status has been highlighted by  a  suggested that 51% of the population of Northern Ireland supported a referendum (鈥楤order Poll鈥�) on reunification with Ireland in the next five years.

Arguments around Scottish independence are likely to dominate debate during 2021. Elections to the Scottish Parliament are due to be held in May 2021, where the Scottish National Party (SNP) is . The SNP is committed to seeking independence from the UK and joining the EU, pointing to Scotland鈥檚 strong remain vote in the 2016 referendum. It is planning to use its expected victory to push for a further independence referendum on the basis that Brexit has been a significant change since the previous 鈥業ndyref鈥� in 2014, where the 鈥楴o鈥� vote won with 55% of the vote.  have consistently demonstrated a lead for a 鈥榶es鈥� vote. Consent for a referendum needs to be given by the Westminster government, which has  as a benefit for Scotland.

In the meantime, the Scottish government has attempted to seek ways to remain as close to the EU as possible. This includes the Erasmus+ scheme, which has , a call which has been echoed by the Welsh government. In Wales, opinion polls have started to show an increase in support for independence too, though far below the levels seen in Scotland.  as representing a 鈥楿nion in Crisis鈥�.

How much of these shifts can be attributed to Brexit or longer-term changes in identity remains a matter of debate, but one which will likely remain a permanent fixture on the political scene 鈥� causing headaches for both the Conservative and Labour parties in terms of how to respond. So far, the response by both has been . As far as whether the UK was right or wrong to leave the EU, public opinion . A 鈥榬ejoin鈥� movement is likely to take some time to gain significant traction in either the population or the political sphere.

Brexit as an event, and a process

Brexit as an event must be contrasted from . The former happened on 31 January 2020 and, arguably more definitely, on 31 December 2020. But Brexit as a process is one which is likely to prove a neverending cycle of rapprochements, spats, agreements and renewal of those agreements. From the highest political levels to those of the individual citizen and consumer, the effects of Brexit are likely to be felt as a culmination of minor issues: customs charges, airport queues, paperwork as much as the absence from the institutional mechanisms across all the areas where EU has competence. The scaling back of ambitions for an EU-UK partnership, , since the referendum might start to be reversed. But to do so will require a major rethink of the path that the UK has embarked on.

As for the EU, in the words of Ursula Von der Leyen, it is time to start  and focus on pressing problems within the EU, and exploring whether , integration and realising of ambitions. Welcome to the Brexit.