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David Gauke is a former Justice Secretary, and was an independent candidate in South-West Hertfordshire at the recent general election.

Within the next three months, Boris Johnson is going to have to make the decision that will define his premiership and determine the future of British politics – especially the Conservative Party – for a generation. And the subject matter of this momentous decision? The previously obscure issue of the regulatory regime constraining the ability of the Government to provide taxpayer support for private sector companies. In other words, state aid.

Before turning to the issue in hand, let me set out a little context. My last two columns (here and here) have made the case that there is an electoral logic that points towards the Conservative Party moving in a leftwards direction economically but in a rightwards direction when it comes to social issues or, to put it more precisely, issues of national identity. Politics appears to be realigning as the biggest dividing line ceases to be about economic class or ideology but in relation to cultural issues.

The consequences of such a dividing line – and the Conservative Party unambiguously placing itself on one side or the other – is an uncomfortable one for those Conservatives with a desire for intellectual consistency.

At least since Margaret Thatcher’s premiership, the Conservative orthodoxy has been in favour of sound money and free trade. That is not to say that the State had been banished from making any kind of intervention in the economy – no recent government could accurately be described as laissez faire – but that any such intervention would be made carefully, recognising that the market was, by and large, a rather good way of allocating resources.

As for cultural issues, the Conservative Party has been a broad church consisting of social conservatives and social liberals, tub-thumping patriots and committed internationalists. Generally, we rubbed along alright.

These Conservative traditions were abandoned in 2019, resulting in the Prime Minister’s electoral triumph in December when he won previously safe Labour seats. He did so by promising an economic policy that involved more spending and greater government intervention. He also promised to deliver Brexit at whatever cost. It was an uncompromisingly Leave prospectus that appealed to patriotic/English nationalist working class voters.

This brings us to the UK/EU negotiations over a comprehensive Free Trade Agreement. Contrary to promises of an oven-ready deal, discussions have not yet made a lot of progress. There are two sticking points. The first is fish. This is a matter of economic irrelevance (our fishing industry contributes less to GDP than Harrods) but of disproportionate political importance. As one can make a similar point about the EU, it would be an extraordinary failure for this matter to prevent a wider deal being reached.

The more substantive issue relates to the level playing field provisions. These are the EU’s requirements that the UK will not engage in “unfair competition” by undercutting the EU’s social and environmental legislation, nor provide anti-competitive subsidies.

The UK Government’s response to these demands has been to argue that this is an outrageous attempt to fetter the actions of a newly-independent nation. Given that (1) free trade agreements inevitably involve accepting some restrictions on a country’s ability to determine its own rules and (2) the UK accepted the principle of level playing field provisions in October’s Political Declaration, the EU is less than impressed by the argument.

The particular focus of the dispute has been state aid. At one level, this is surprising. The UK has traditionally eschewed state aid spending, seeing it as market-distorting and a wasteful use of taxpayers’ money. We spend less of it than the French and Germans and, as EU members, consistently argued against its use.

Nor has it traditionally been a touchstone issue for Eurosceptics. From my days in the ERG, I recall plenty of conversations about how the EU imposed regulatory burdens on businesses, prevented trade deals with rising economies like China and resulted in too much power in the hands of the unelected (oh, happy innocent days). Restrictions on bailing out private sector companies were not so much of problem for us Thatcherites.

This issue could have easily been de-escalated if we had put in place our own, independent and robust state aid regime, perhaps enforced by the Competition and Markets Authority. Such a regime is probably necessary (albeit not sufficient) in order to reach a compromise with the EU on this topic.

Instead, we have refused to set out our own domestic regime and there is much talk of how we can use our new freedoms as ex-members of the EU to support our own companies, like the rather odd acquisition earlier this month of a £400 million shareholding in a failed satellite company.

According to the Financial Times, Dominic Cummings is digging in against anything other than a “minimal, light-touch” state aid regime, believing that once you have left the EU “you should just do whatever you want”.

This brings me back to the nature of the Conservative victory last year and, in particular, the new supporters. If the Government’s focus is appealing to nationalists who favour an interventionist state, it would want the ability to back national champions or other businesses in favoured locations.

And if you are temperamentally inclined to think that any constraint on your ability to “do whatever you want” (whether by the EU, Parliament or the legal system) is an affront to democracy, then you will be all the more the likely to resist a robust and independent regime.

There are, however, consequences. First, it is very hard to see how the EU will agree to a deal if the UK does not have a proper state aid regime. I wrote in February how there may be a political case for not getting a deal (any deal will be very thin in any event, some parts of the economy will suffer as a consequence of leaving the Single Market, better to collapse the talks and blame the EU for the consequences) and that argument still applies.

But, as a consequence of the handling of Covid-19, the Government is more vulnerable to the charge of incompetence. In addition, a no deal Brexit would be a gift to the SNP, thus weakening the Union yet further.

Second, even putting aside the EU dimension, there are very good arguments for having in place a robust state aid regime. The Treasury will be arguing the case. Both as a finance ministry (ensuring that taxpayers’ money is spent wisely) and as an economics ministry (wanting resources to be allocated productively in order to maximise economic growth), it institutionally hates state aid. Presumably, the Chancellor of the Exchequer, well-regarded by his officials, will have similar views and will be making the case forcefully. At least, he should be.

It will be for the Prime Minister to decide. Go for the purist view of Brexit (“you do whatever you want”), embrace the new political alignment and splash the cash in order to play to the Red Wall voters. Or keep open the possibility of a deal, look after the interests of taxpayers and maintain some kind of consistency with economic orthodoxy. Whichever way he goes, it will be a hugely consequential and revealing decision.

153 comments for: David Gauke: Without a proper state aid regime, the UK is unlikely to reach a deal with Brussels

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