When Britons voted on June 23, 2016 on whether or not to leave the EU
there was no discussion of a "hard or soft Brexit". These terms were
invented after Brexit passed by a surprisingly large margin and the mostly
anti-Brexit Tory Party government, especially its leadership, decided that it
needed to negotiate the terms of leaving. Brexit supporters regard such terms
as betraying the 2016 Brexit referendum itself. These 17.4 million Britons
undoubtedly believed that Brexit would mean exactly that: Britain would no
longer be governed by any EU laws, regulations, etc. Nevertheless, all that the
world has heard since that day in June 2016 is a debate over the terms of leaving,
with any so-called terms being labeled as a "soft Brexit" and leaving
without any agreement as a "hard Brexit".
In a "hard Brexit" Britain just leaves and all EU
regulations, etc. are null and void. Pretty clear cut. A "soft
Brexit" can mean almost anything that is not a "hard Brexit";
i.e., Britain would agree to continue some or all of the manufacturing
regulations, tariffs, and intergovernmental agreements, such as ceding
jurisdiction to the European Court of Justice, that apply to EU countries. The
list is almost endless and the time frame very nebulous, a perfect playground
for those who wish to have a BRINO; i.e., Brexit In Name Only.
Parliament
Must Act
It came as a surprise to this American, and probably many Britons as
well, but experts in British constitutional law claim that only Parliament can
actually take Britain out of the EU and only Parliament can decide under what
terms, if any, it will do so. Of course, one of the terms of separation could
be that there are no terms of separation--thus, a "hard Brexit"--and this
paper will address the implications of such a development on Britain from four
viewpoints: the likely effect on British imports, the likely effect on British
exports, the likely effect on the City of London (the name refers not to a
geographical/legal entity but to the financial firms that are headquartered
there), and the likely effect on border control.
The
Effect on British Imports
The current government has been exploring the possibility of dropping all
import tariffs to zero except on
"sensitive industries". This would be very good for consumers,
because the EU imposes tariffs on almost all imports from nations not in the EU
itself. Most notably in its attempt to insulate inefficient European farms from
worldwide competition, the EU imposes onerous tariffs on non-EU agricultural
products via the Common Agricultural Policy (CAP). Eliminating these and many
other tariffs would significantly lower the cost of living for the British
people. The success of Brexit may depend entirely on whether Britain does in
fact eliminate tariffs on most goods. It is a golden opportunity. The EU itself
is very export oriented, so it is unlikely that it would impose any
restrictions on member countries selling goods to Britain. So far so good!
The
Effect on British Exports
Exports are another matter entirely. No longer in the tariff free
customs union, it is assumed that the EU would impose tariffs on British
products as it does on any other non-EU country, raising their cost to EU
buyers, which one must assume would result in fewer British sales. The real
harm would not fall on British exporters but on Britain's EU customers, who now
are forcibly prohibited from buying British goods at the previously
advantageous price. On the other hand since it no longer must meet onerous EU
manufacturing regulations, British industry might enjoy lower manufacturing
costs which would enable it to sell more to non-EU countries. Although it might
take time for Britain to develop new markets for its goods, some countries, led
by the U.S. itself, have stated that they are ready to sign free trade
agreements with Britain as soon as it leaves the EU.
The
Effect on the City of London
The City of London is a massive global hub. Its banking and insurance
companies are dominant in the EU and likely to remain so for reasons of depth
of market knowledge and a high reputation for honesty and fair dealing.
Although some companies have moved some operations to Frankfurt, it is unclear
if these moves are significant in number and may be simply part of normal
market flux. The same fears about the fate of the City were raised when Britain
secured an opt-out from the 1992 Maastricht Treaty which formally created the
euro. Unless the EU imposes some special tax or regulation prohibiting EU
members from utilizing London firms, it is unlikely that the City will be much affected
by a "hard Brexit".
The
Effect on Controlling borders
Uncontrolled illegal Immigration into the EU became a key issue for
passing the Brexit referendum. There had been much concern for decades over
loss of British sovereignty to unelected bureaucrats in Brussels and the economic
cost of belonging to a closed customs union with high tariffs and onerous
regulations, but the movement to leave came to a head over border controls or
lack thereof. One of the four pillars of the EU is freedom of movement of
people within the EU. (The other three were freedom of movement for goods,
services, and capital.) Illegal immigration came to a head following the crisis
of refugees from the Arab world. Once inside the EU, these refugees could
migrate anywhere within the bloc, including Britain, raising the cost of
providing social services and disrupting settled life. Britain was not the only
EU country that opposed this unforeseen migration. In fact immigration control
may yet break apart the EU, as the elite in Brussels insist that every EU
country not only accept a dictated number of refugees but also that every
country then allow refugees to migrate freely within the EU. A "hard
Brexit" would remove the requirement that Britain accept more refugees
than it believes it can assimilate. Uncontrolled border crossings would end as
modest checkpoints are reinstated.
A separate border issue pertains
to the relationship between Northern Ireland and the Republic of Ireland over
goods. Northern Ireland is part of the United Kingdom of Great Britain and
Northern Ireland and there has been much concern over continuing the free flow
of goods into and out of the Republic of Ireland. This seems to be much ado
about little. Most probably goods to and from the Republic of Ireland would be
subject to random checks with very little hindrance on trade. The EU has
lobbied for an "Irish backstop", whereby Northern Ireland would
remain in the EU for some period of time. Naturally this has incensed loyal
British subjects, especially in Northern Ireland, and has almost no chance of
being part of a "soft Brexit" deal.
A
Positive Conclusion
In conclusion the effect of a "hard Brexit" on Britain itself
should be overwhelmingly positive, especially if Britain does in fact remove
all tariffs and conclude free trade pacts with the rest of the world fairly
quickly. Naturally my advice to Britain is to unilaterally remove all
tariffs on all goods, including "sensitive industries". Free trade
deals then become irrelevant. Britain could lead the way in showing the world
the benefits of unilateral free trade, just as it did in the nineteenth century
with the abolition of the Corn Laws. Perhaps this outcome is what the EU fears
the most, because it would call into question the benefit of belonging to a
closed customs union and would spell the end of the EU itself.