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| Brexit talks are a game played on Barnier's turf, by his rules | Brexit talks are a game played on Barnier's turf, by his rules |
| (4 months later) | |
| The latest round of negotiations have made clear the brutal unevenness of respective leverage held by the EU and Britain | |
| Dan Roberts Brexit policy editor | |
| Thu 28 Sep 2017 13.15 BST | |
| Last modified on Mon 27 Nov 2017 16.17 GMT | |
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| A quarter of the way into Britain’s two-year withdrawal from the EU, it has become clear that the pace and direction of retreat is being determined entirely by one side. | A quarter of the way into Britain’s two-year withdrawal from the EU, it has become clear that the pace and direction of retreat is being determined entirely by one side. |
| On Thursday, gone were the niceties of previous “negotiation” rounds, in which both parties set out their desired priorities and provided assessments of each other’s progress towards them. Instead, the latest public showdown between David Davis and Michel Barnier provided the awkward spectacle of the Frenchman marking his own homework as well as that of his rival. | On Thursday, gone were the niceties of previous “negotiation” rounds, in which both parties set out their desired priorities and provided assessments of each other’s progress towards them. Instead, the latest public showdown between David Davis and Michel Barnier provided the awkward spectacle of the Frenchman marking his own homework as well as that of his rival. |
| “It will take weeks or maybe months before we are able to say, yes, there has been sufficient progress on the principles of an orderly withdrawal,” said the EU’s chief negotiator, in words that made clear Britain would not get to talk about its own desires for a long time to come. | “It will take weeks or maybe months before we are able to say, yes, there has been sufficient progress on the principles of an orderly withdrawal,” said the EU’s chief negotiator, in words that made clear Britain would not get to talk about its own desires for a long time to come. |
| Ironically, things were much less tetchy. There was no talk this time of “ticking clocks”. It wasn’t necessary. | Ironically, things were much less tetchy. There was no talk this time of “ticking clocks”. It wasn’t necessary. |
| Instead there were warm words for Davis’s boss, Theresa May, whose speech in Florence last week went part of the way toward meeting the demands of the EU on money and citizens’ rights. | Instead there were warm words for Davis’s boss, Theresa May, whose speech in Florence last week went part of the way toward meeting the demands of the EU on money and citizens’ rights. |
| “The prime minister’s speech created a new dynamic,” said Barnier, stressing that she was moving closer to him, rather than the other way around, but still not fast enough. | “The prime minister’s speech created a new dynamic,” said Barnier, stressing that she was moving closer to him, rather than the other way around, but still not fast enough. |
| “Of course this is a proper negotiation,” insisted Davis, when asked whether he was now merely being asked to pass a series of tests set by the EU. “We are here every round with 100 officials,” said the Brexit secretary, who had himself spent much of the week visiting other EU leaders, frantically trying to find chinks in its apparently impenetrable positions. | “Of course this is a proper negotiation,” insisted Davis, when asked whether he was now merely being asked to pass a series of tests set by the EU. “We are here every round with 100 officials,” said the Brexit secretary, who had himself spent much of the week visiting other EU leaders, frantically trying to find chinks in its apparently impenetrable positions. |
| There was once talk of the negotiations being held alternately in London and Brussels. Now Barnier makes no bones about this being a game played on his turf, by his rules, and that Britain should keep coming back, and back, until it provides the right answer. | There was once talk of the negotiations being held alternately in London and Brussels. Now Barnier makes no bones about this being a game played on his turf, by his rules, and that Britain should keep coming back, and back, until it provides the right answer. |
| “Let’s leave it here,” he concluded. “We will pick up in the week of 9 October, where we left off this week.” | “Let’s leave it here,” he concluded. “We will pick up in the week of 9 October, where we left off this week.” |
| The brutal unevenness of their respective leverage does not mean of course that a deal will not be struck, or that the British will put up with this forever. For now, Downing Street is edging steadily closer to where Brussels wants it to be. | The brutal unevenness of their respective leverage does not mean of course that a deal will not be struck, or that the British will put up with this forever. For now, Downing Street is edging steadily closer to where Brussels wants it to be. |
| May has conceded the principle that no EU state will be financially worse off as a result of Brexit; Barnier just wants to ensure the promise lasts longer than the first two years. The prime minister’s commitment to honouring past financial commitments was also welcomed. Next, the EU wants the UK to spell out precisely which commitments those are. | May has conceded the principle that no EU state will be financially worse off as a result of Brexit; Barnier just wants to ensure the promise lasts longer than the first two years. The prime minister’s commitment to honouring past financial commitments was also welcomed. Next, the EU wants the UK to spell out precisely which commitments those are. |
| On citizens’ rights, the UK has also moved, even if the EU has not. Barnier welcomed the offer of making their Brexit deal binding in UK courts, using EU legal principles. He still insists, however, that the European court of justice gets to decide if this is the case in practice. | On citizens’ rights, the UK has also moved, even if the EU has not. Barnier welcomed the offer of making their Brexit deal binding in UK courts, using EU legal principles. He still insists, however, that the European court of justice gets to decide if this is the case in practice. |
| Citizens’ rights are the rights and protections offered to all EU citizens, including free movement and residence, equal treatment and a wide range of other rights under EU law regarding work, education, social security and health. | Citizens’ rights are the rights and protections offered to all EU citizens, including free movement and residence, equal treatment and a wide range of other rights under EU law regarding work, education, social security and health. |
| They are held by some 3.5 million citizens from other member states in the UK and about 1.2 million British nationals on the continent, and are a key part of the negotiations that are taking Britain out of Europe. | They are held by some 3.5 million citizens from other member states in the UK and about 1.2 million British nationals on the continent, and are a key part of the negotiations that are taking Britain out of Europe. |
| Read more on citizens' rights | Read more on citizens' rights |
| More from the Brexit phrasebook | More from the Brexit phrasebook |
| But British demands for these sticking points to get wrapped into a wider discussion about future relations were given short shrift. “Being very frank, I see no logical and coherent link between a discussion we will have as soon as possible about the future … and a discussion about the separation issues and commitments entered into in the past,” Barnier said. | But British demands for these sticking points to get wrapped into a wider discussion about future relations were given short shrift. “Being very frank, I see no logical and coherent link between a discussion we will have as soon as possible about the future … and a discussion about the separation issues and commitments entered into in the past,” Barnier said. |
| With article 50 not only invoked, but a quarter spent, perhaps there is little the British delegation can do. Barnier hides behind the notion that his hands are tied, but he is responsible for telling other EU leaders whether he thinks “sufficient progress” has been made to move to the next stage. | With article 50 not only invoked, but a quarter spent, perhaps there is little the British delegation can do. Barnier hides behind the notion that his hands are tied, but he is responsible for telling other EU leaders whether he thinks “sufficient progress” has been made to move to the next stage. |
| With efforts to open a second front in other European capitals running into the sand, the government may soon face a stark choice between folding on the remaining points – ceding more money and control to Brussels – or facing rising demands from within the Conservative party to walk away without a deal. | With efforts to open a second front in other European capitals running into the sand, the government may soon face a stark choice between folding on the remaining points – ceding more money and control to Brussels – or facing rising demands from within the Conservative party to walk away without a deal. |
| Brexit | |
| Michel Barnier | |
| David Davis | |
| Article 50 | |
| European Union | |
| Europe | |
| analysis | |
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