All Out War: The Full Story of How Brexit Sank Britain’s Political Class. Tim Shipman
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According to the official statistics, net migration to the UK was 177,000 in 2012, rose to 209,000 in 2013, before soaring to 318,000 in 2014. Those figures would have been politically damaging in their own right, but juxtaposed with Cameron’s long-standing pledge to limit net migration to the ‘tens of thousands’ they were explosive. As the figures rose, so too did support for Ukip. ‘The thing which turbocharged Europe was the massive jump in EU migration,’ a Cameron confidant said. ‘That’s what turned it from a niche Tory issue into a massive popular issue. The biggest problem with renegotiation was that it was absolutely clear we needed to control migration.’
The prime minister recognised the dangers, and used his speech to the Conservative Party conference in October 2014 to deliver a bold pledge: ‘Britain, I know you want this sorted so I will go to Brussels, I will not take no for an answer and – when it comes to free movement – I will get what Britain needs.’ The pledge was more than ambitious; as expectation-management went it was reckless, as Cameron would discover. Will Straw, who was to end up running the Remain campaign, said, ‘He promised his grassroots more than he was ever able to achieve.’
The first effort to tackle the issue came a month later, in November 2014, when Cameron made a speech at JCB, the construction-vehicle manufacturer owned by his friend Anthony Bamford. The preparations for that speech led to another psychodrama with Merkel, serious clashes between Cameron’s political aides and the civil service, a showdown with two of his most senior ministers, and did more to shape the final renegotiation deal even than the Bloomberg speech.
At heart, Cameron had two options: limit the number of EU migrants coming to Britain, or reduce the pull factors by cutting the benefits to which they were entitled. Iain Duncan Smith, the work and pensions secretary, and Michael Gove, by now the chief whip, pushed for quotas on the number of EU arrivals. The problem was that this flew in the face of the fundamental EU principle of the free movement of people. On 19 October the Sunday Times revealed that Cameron was considering ‘an annual cap on the number of National Insurance numbers given to low-skilled immigrants from Europe’. Cameron blamed Gove for the leak. But at an EU summit later the same week, Merkel told the paper’s Brussels correspondent Bojan Pancevski, ‘Germany will not tamper with the fundamental principles of free movement in the EU,’ words that killed the idea stone dead when they were splashed on the front page.17 In a confrontation with Cameron in the British delegation’s room, Cameron explained that he needed a quota system or an emergency brake on numbers: ‘If I could deliver clear demonstration of grip with controls even if those were for a temporary period, I think I can crack this. But otherwise this is becoming an unsustainable position.’ But Merkel told the prime minister, ‘No, I’d never agree with that. No. No. No. No way. Never, David.’ A source present said, ‘She was being as unequivocal as I’d ever seen her, completely clear. And that’s what took us to the benefits route.’ Merkel had grown up under communism in East Germany. She was not prepared to compromise on the freedom to cross borders, which she had been denied for the first thirty-five years of her life.
The leak torpedoed a secret plan Oliver Letwin and a small number of Cameron’s political advisers had been working on since July without the knowledge of civil servants. A Cameron adviser said the civil servants ‘went nuts when they found out – but they never understood the view that we would struggle to win a referendum without a very serious immigration answer’. Cameron’s policy staff then devised a time-limited ‘emergency brake’ which Britain could pull in extreme circumstances to halt EU arrivals. But the plan sparked some of the most heated rows between the politicos and the career diplomats and civil servants led by Ivan Rogers, Britain’s ambassador to the EU, Cameron’s civil service EU adviser Tom Scholar, and William Hague’s special adviser Denzil Davidson. ‘There was opposition from the civil service,’ said a Downing Street aide. ‘The FCO’s approach was that this was completely unobtainable: “You’ll get outright rejection.”’
In Brussels, Rogers told senior Commission officials Martin Selmayr and Jonathan Faull, ‘Guys, if we’re going to solve this, we might have to do something that is risky and cavalier.’ But he was met with firm resistance, and bluntly told the politicos back home that an emergency brake was impossible. As a senior civil servant put it, ‘Ivan was the main bonfire pisser.’
Another political aide said, ‘The PM always wanted an emergency brake, he wanted to announce that in his immigration speech, but he couldn’t because EU law wouldn’t allow it. We’d go round endlessly in circles and come back to emergency brake. He’d go, “We must be able to do something about it!” We’d always come back to “It’s not possible, free movement is a fundamental part of the EU.” It was frustrating for the PM. He knew what he wanted to do, he knew what the British people wanted.’ For their part the officials felt they were being asked to approve ideas with little or no chance of success, and that their job was to advise caution.
Ed Llewellyn had kept lines of communication open with the Germans, who wanted to be helpful but consistently made clear that freedom of movement reform – and treaty change – were not doable. But Cameron believed that he might be successful if he said a brake on numbers was the price of Britain staying in the EU. One of those involved in the deliberations said, ‘A number of people in Number 10 – including the PM – suspected deep down that, when it came to it, in the early hours of a European Council meeting, the EU wouldn’t let the UK leave on the basis of a temporary emergency brake. It would be high-risk, so the trick would be to keep any announced plan high-level – one of the reasons why the Gove leak, with all its detail, was so damaging.’
Two days before the speech, the emergency brake was still in the text and the civil servants mutinied. ‘We asked them how it worked, because you can’t just stop people coming into the country. How do you enforce it?’ an official said. ‘It’s not something we can negotiate, and it doesn’t work in practice. Why the hell are we about to put this in the speech?’
At the last moment, Cameron decided to switch to a proposal that had been drawn up by the Eurosceptic think tank Open Europe to ban EU migrants from claiming in-work benefits such as tax credits and social housing until they had been working in Britain and paying into the system for several years. Ivan Rogers’ team in Brussels and Tom Scholar in London said that would not be tolerated by other EU nations either. Believing the Open Europe proposal would need treaty change, Rogers got his legal adviser, Ivan Smith, to examine the plan. He concluded it was illegal. Rogers told Cameron and his political advisers, ‘Clearly this does require treaty change because this will be deliberate discrimination on the grounds of nationality. I don’t think the other countries can go there. Even if they privately think you’ve got a point, I don’t think they can go there with their publics.’ But Cameron had to offer something on migration. A ban on migrants claiming child benefit for dependants living outside the UK and a pledge to remove those who had not found work after six months were also added. The changes happened so fast that Iain Duncan Smith, who had been sent drafts of the speech for his comments, had no idea the emergency brake had been removed until he turned on the television to watch Cameron speak. As man-management of one of the most influential Eurosceptics went, it left much to be desired. ‘Up until two days before the speech, the emergency brake was there in the speech,’ an aide involved in the deliberations said. ‘The removal was so last-minute that the argument for the brake was still essentially running through the speech he delivered.’
Afterwards, rumours abounded that Merkel and her staff had read the speech and excised the migration cap. But a Downing Street source said, ‘It wasn’t blocked by Merkel, it was blocked by us, because we knew we would never get it. She had not seen the speech.’ The Germans did have some input, however. ‘Ed [Llewellyn] got the message from Merkel’s chief of staff that she couldn’t support it,’ a Number 10 source said.
In fact the decisive intervention that killed off an emergency brake on migrant numbers, a policy which many Cameroons later believed might have been enough for them to win the referendum, was made by Theresa May, the home secretary, and Philip Hammond, the foreign secretary. Both were invited to see Cameron after the regular 8.30 a.m. meeting in Downing Street the day before the speech, along with a small number of officials. A week earlier, May had written Cameron