Why Miliband would be foolish to match the Tory EU referendum pledge

Such a clear U-turn would cement a corrosive narrative that could prove far more damaging to his prospects of becoming Prime Minister – that of weakness.

Those of a nostalgic bent might find the enduring ability of 'Europe' to cause such disruption in British politics somewhat reassuring. After all, it has been a reliably consistent source of crisis for both Labour and the Conservative Party for nearly 40 years. Labour’s European troubles are often forgotten but the party was at least as exercised over Europe in the 70s and early 80s as the Conservative Party has been since the 90s. Indeed, the last referendum on Britain’s EU membership nearly split the Labour Party in 1975, while the party eventually did split, in large part over Europe, in 1981.

Now it seems Labour’s turn to be the party engaging in undignified convulsions over Europe has come round again. The Conservatives probably can’t believe their luck.

Incredibly, given the inordinate amount of time spent addressing the issue by all parties, Europe has never registered as more than a blip on the most important concerns of British voters. Even now, at a time when Europe is rarely out of the news and politicians and journalists alike fixate on the future of the UK’s EU membership, just 7% of voters mention it when asked to identify "important issues facing Britain today" (43% mention the economy; 38% immigration) and just 1% identify it as the "most" important.

Put simply, a pre-occupation with Europe is not a useful trait for winning elections (something to which former Conservative leader William Hague’s disastrous 'Save the Pound' campaign of the 2001 election attests).

And yet Labour bigwigs like Ed Balls and Jon Cruddas are convinced that neglecting to match or better David Cameron’s promise of an in/out EU referendum by 2017 could be an election-losing move.

In fact, the opposite is likely to be true. Such a clear U-turn, made in response to pressure from Miliband's (notional) subordinates, would cement a corrosive narrative that could prove far more damaging to his prospects of becoming Prime Minister – that of weakness.

Miliband has refused to match David Cameron’s pledge to hold a referendum in 2017 on the grounds that to do so now would create a long period of uncertainty over Britain’s membership which would be detrimental to British business. The party is committed to retaining the coalition's 'referendum lock', however, meaning that in the event of a further transfer of powers from the UK to the EU, a referendum would automatically be triggered.

This current position is a perfectly reasonable one. Deviating from it would play into the hands of the Conservatives and raise further questions about his competence as a leader. Beyond the leadership issue, there are two other reasons why it’s frankly a lousy idea:

1) It suits Labour to focus on the economy and public services and leave the European issue to the Conservatives. Matching the Tory pledge would cast the Conservatives as a party leading the way on Europe, rather than one that simply cannot help itself from obsessing over an issue that means relatively little to most of the public.

2) The electoral benefits of doing so would likely be negligible – Labour is a pro-European party; voters ready to change their vote based on the offer of an in/out referendum are likely to be voters who want to leave the EU and are thus probably beyond Labour’s reach regardless of its stance. 

There has been some discussion in Labour ranks of calling for a referendum before the next election. Those in favour argue that it would throw the Tories into disarray, while remaining consistent with Labour’s position that a referendum with a long lead time would undermine investment in British business. Such a move would risk charges of rank opportunism but far more importantly would open the door to Labour’s worst-case scenario – a British exit from the EU. Add to that the fact that polls indicate most voters to be in favour of renegotiation, rather than an immediate referendum and it begins to look like a less than astute move.

Ed Miliband should be wary of those who would put so much public pressure on a leader to reverse a position he is known to hold on principle, particularly when, as now, he is vulnerable to charges of weakness and indecision. Calling for a referendum at the Labour conference in September, as some are suggesting, would not look bold in this context, it would look spineless – quite possibly a 'quiet man turning up the volume' moment…

Ed Miliband attends a Q&A session at the Eric Liddle centre on 23 August, 2013 in Edinburgh, Scotland. Photograph: Getty Images.

Richard Mylles is a political analyst at Absolute Strategy Research, an independent consultancy based in London.

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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.