Tuesday, January 19, 2021

What will the Biden presidency mean for a trade deal with the UK?

This is a slightly updated version of an article published in South East Farmer:

What will the Biden presidency mean for the trade deal with the United States, particularly in relation to agriculture?   One thing that is clear is that it will not proceed as quickly as it would have done in the absence of a change of administration.  

There are a number of reasons why this is the case.  First, Joe Biden has made it clear that the emphasis in the early phase of his presidency will be on domestic issues, specifically the Covid-19 pandemic.  One key international priority will be climate change.  International trade be less of a priority. 

Second, a new administration means a change of personnel.   A new US Trade Representative will need to be appointed to run what is in effect the US’s Department of International Trade and that will take at least two months after the inauguration.   Once that person has been approved by the Senate, they will need to work out their strategy.   Trade relations with China will be an early focus.

It is the case that there have been quite detailed technical negotiations between the UK and the US and it is understood that draft chapters of a potential agreement have been mapped out.   However, the issues have always been political rather than technical.  If there is political agreement, the legal language to fulfil it can be provided.

The biggest obstacle here was the effect of Brexit on the Good Friday agreement, about which Joe Biden has expressed concern.  Not all issues in relation to Northern Ireland have been resolved by an means, to put it mildly.  Biden identifies strongly with his Irish heritage.   Asked a question by a BBC reporter, he replied: ‘BBC?  I’m Irish.’   Ireland is also a concern for the House of Representatives which would have to approve any agreement and which still has a Democrat majority.

It is unlikely that a UK–US deal will be reached before the president’s 'fast track' authority to sign trade deals (formally Trade Promotion Authority, TPA) expires on 1 July 2021. Its absence makes the congressional approval procedure much longer and more troublesome. Biden may find that he has more important things on which to use his limited capital with Congress than trying to renew TPA.

Even if an agreement was reached, there is no reason to suppose that it would be any more favourable to UK agriculture than one reached under President Trump.    Nick Clegg claims that Joe Biden said to him ‘very unsentimentally – in that folksy way he does – “‘We are not going to sign anything that the chicken farmers of Delaware don’t like!”’   Delaware is one of the largest chicken producing states in the US and the product is washed with chlorine.

Joe Biden’s personal links with chicken farmers aside, there are more fundamental reasons why any agreement is likely to favour US agricultural interests.    Unlike the UK, where Defra has a multitude of tasks and does not necessarily treat farming as a priority, the US Department of Agriculture is a powerful department with a focus on farming that has the lead on the agricultural dimension of trade negotiations.

Tom Vilsack has proved a controversial choice as nominee for Agriculture Secretary, being seen as too corporate and unacceptable to key Biden support bases: https://www.theguardian.com/commentisfree/2020/dec/21/joe-biden-tom-vilsack-agriculture-secretary   

Whoever gets the job will be backed up by the agriculture committees in each house of the Congress that usually have a preponderance of members from areas that have significant agricultural businesses, while the agribusiness lobby remains strong.   In summary, any agreement that is reached will reflect US agricultural interests, particularly given the willingness of the UK to make sacrifices on agriculture to make gains elsewhere.

As far as Brexit more generally is considered, Biden has made it clear that he thinks it was an historic mistake and he would have voted against it if he could have done.   There is wider disappointment in the US because the UK could be relied upon to bring a perspective to EU discussions that took account of American viewpoints.   However, that is largely water under the bridge for now.