Last Chance Saloon - Staring Down the Barrel of a No-Deal Brexit - Man AHL

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Last Chance Saloon - Staring Down the Barrel of a No-Deal Brexit - Man AHL
Brexit Update

Last Chance Saloon - Staring Down the Barrel of a
No-Deal Brexit
For investment professionals only. Not for public distribution.

By Man FRM OpRisk
8 August 2019

   This update contains three different sections which can be treated as a pick ‘n’ mix depending on your interests:
   1. Westminster: An update on what is going on in Parliament and the decisions being made on how the Brexit
      process will progress;
   2. Asset Management: Any updates in the period from regulators, government bodies, etc, that have a direct
      impact on the asset-management industry – including GBP/USD movements;
   3. Beyond Westminster: Any updates in the period from wider business groups and the like on the impact of
      Brexit, including companies that have announced movement of operations and/or job losses in the UK.

Brexit Countdown: 84 days to go

Summary                                                           no-deal members of Parliament ('MPs', a group which
                                                                  includes both pro-Brexit and anti-Brexit MPs) are assessing
The quote of the moment comes from Matthew d’Ancona of
                                                                  their options. It seems almost certain in our view that, within
the Guardian:
                                                                  the first few days of Parliament reconvening, Labour leader
“For how odd would it be for an election about Brexit,            Jeremy Corbyn will move a motion of no-confidence in the
triggered by a confidence vote caused by Brexit, and              government. It also seems likely, we believe, that Johnson
framed by the prime minister’s readiness to embrace a no-         will lose this vote – Parliament has expressed a majority
deal Brexit, to be made both redundant and ridiculous in          opposed to a no-deal Brexit on several occasions.
real time by Brexit happening anyway, in the thick of
                                                                  The uncertainty comes with what happens next. Cummings
electoral battle? One might ask, more pithily: how the hell
                                                                  is advocating a siege-like strategy: if Johnson can just hold
did we get here?”
                                                                  on until 31 October, then Brexit will happen anyway. The UK
It appears that the Brexit battle is now entering its final       does not have a written constitution, it is defined by
stages as both sides prepare for the reconvening of               conventions and precedents. Constitutional experts have
parliament in early September. As widely expected, Boris          indicated that it would be perfectly possible for Johnson to
Johnson became the new UK Prime Minister (“PM”) at the            delay his resignation and the subsequent election date until
end of July. Since then, he has presided over a sliding           after Brexit has already occurred – or more likely (and some
British pound and the gearing up of political manoeuvres, to      may say more ironically), since elections traditionally fall on
either facilitate or frustrate a no-deal Brexit. Johnson was      a Thursday, that Brexit would happen on the day of the
elected by the Conservative party membership on a promise         election. The end game for this strategy is to regain
to leave the EU on 31 October, 2019 by any means                  Conservative voters that have been lost to the Brexit Party –
necessary. The hopes of anti no-deal proponents – that this       if Brexit has already happened, the hope is that Nigel
rhetoric was designed for the Conservative party                  Farage and his Brexit Party is neutralised. Parliament will try
membership rather than government policy – have been              and reassert its authority, however, there are issues here
dashed, as this message continues to be repeated in               too. MPs will somehow have to take control of the
increasing volume and urgency. Johnson’s intentions               parliamentary agenda to either force an election before
became clear from the start: the former Chair of the Vote         Brexit, force Johnson to request an extension from the EU
Leave campaign, Dominic Cummings, was chosen as                   or (and highly unlikely) force the revocation of Article 50. As
Senior Adviser to the PM, while more moderate cabinet             with any battle, the key often comes down to discipline and
members were replaced with pro-Brexit appointments. Anti-         unity within each side. Whilst the government appears to be

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singing from the same song sheet, the anti-no-deal Brexit                           Westminster:
side is much more divided. If Johnson’s government is
forced to resign, another government needs to take its                              Latest Implied Odds From Betting Markets
place. This would be a government with a single mandate to                          Figure 1. Implied Odds of Brexit Outcomes
request an extension from the EU and then call a general                            Source: Man FRM; As of 6 August 2019. Man FRM calculates the implied probabilities of

election.
                                                                                                                                                             Govt steps up
Sounds simple, right?                                                                   45%
                                                                                                  May                                              Boris       No-Deal
                                                                                                 Resigns                                        Elected PM     Rhetoric
Except that the MPs forming the opposition to a no-deal                                 40%                             Labour No-Deal
                                                                                                                         Brexit Motion
                                                                                                           European
Brexit are not all from one political party. Conservative MPs                           35%                 Election       Defeated     Labour backs
                                                                                                                                       2nd Referendum
that vote against the government are committing political                                                   Results

suicide as they would almost certainly face deselection – it                            30%
may also be a bridge too far for them to vote to put Corbyn                             25%
in charge. Labour leadership has said it will only back a new
government that is led by Corbyn. However, the Liberal                                  20%

Democrats have indicated they will only back a government                               15%
that is essentially led by anyone else except Corbyn. This
leaves the very real possibility that MPs could successfully                            10%

defeat Johnson in a no-confidence vote, but Brexit happens                               5%
anyway as no-one can agree who should be in charge in
                                                                                         0%
time to delay it. (See Westminster section).

PriceWaterhouseCoopers (‘PwC’) warns in its blog that the
31 October deadline day is far more problematic for                                                                    UK to leave with No Deal in 2019
financial services than any of the previous deadline dates.                                                            UK to Revoke A50 in 2019
This is because it falls on a Thursday during the trading                                                              Another referendum in 2019
                                                                                    Brexit outcomes using prevailing odds as priced by UK bookmakers, which are collated on a
week. Previous deadlines have fallen on a Friday, which                             daily basis. The graph presents the implied probabilities of Brexit outcomes averaged
would have allowed the weekend to assess and plan for                               across all UK bookmakers for which data is available, over time. This data analysis is based
                                                                                    upon information obtained from third-party sources not affiliated with Man FRM. Man FRM
what will almost certainly be a highly volatile period.                             cannot guarantee the accuracy of this data and it should not be relied upon by investors.
Calastone reports that GBP11.7 billion has been redeemed
from UK domiciled funds and moved to funds in Dublin and                            What Happened Recently?
Luxembourg, with UK equity funds the hardest hit.1 The EU                            18 July, 2019 – An amendment to a Northern Ireland Bill
has, for the first time, revoked some equivalence rights for                          was passed that would require parliament to meet in
some countries. This is widely being seen as a Brexit-                                October to debate Northern Ireland. This amendment
related warning to not take equivalency for granted. All this                         ensured that the new PM could not prorogue parliament
has been occurring against the background of a decline in                             in order to push through a no-deal Brexit;
the British pound: on 1 August, the pound hit its third-
lowest point against the US dollar since the referendum                                 23 July, 2019 – As was widely predicted, Johnson
result and five of the top 10 lowest points have occurred                                became the new UK Prime Minister. There were several
since 30 July, 2019. (See Asset Management Section).                                     resignations from the cabinet, most notably former
                                                                                         Chancellor of the Exchequer Phillip Hammond. However,
Car manufacturers continue to warn about jobs and figures                                these were expected, as most would not have been
show that most businesses still have not completed the                                   given a role in Johnson’s new cabinet. Johnson placed
paperwork required to trade with the EU post 31 October in                               key pro-Brexit supporters into the top roles in the
the event of a no-deal Brexit.(See Beyond Westminster                                    cabinet and reiterated his cabinet pledge that the UK
Section).                                                                                would leave the EU on 31 October, 2019 by any means
                                                                                         necessary. The Democratic Unionist Party (‘DUP’)
                                                                                         agreed to continue to support the conservative
                                                                                         government;
                                                                                        31 July, 2019 – US Congressional leaders and diplomats
                                                                                         warned that they would block a US-UK trade deal if
                                                                                         Brexit affects the Irish Border and jeopardises peace in
                                                                                         Northern Ireland. US President Donald Trump has
                                                                                         spoken positively about a trade deal with the UK;
                                                                                         however, it is ultimately Congress that would have to
                                                                                         approve this;
                                                                                        1 August, 2019 – A by-election was held in the Welsh
                                                                                         constituency of Brecon and Radnorshire. The seat was
                                                                                         previously held by the conservative party, with a majority
                                                                                         of more than 8,000 votes. Following a pact from

1. http://www.funds-europe.com/news/no-deal-brexit-rhetoric-pummels-uk-funds-industry?utm_source=Fund+Europe+Mailing+List&utm_campaign=17a93c39dd-
Newsletter+26+Jul+2019_COPY_01&utm_medium=email&utm_term=0_3d90ca8a46-17a93c39dd-140428645&mc_cid=17a93c39dd&mc_eid=f94d7f442f

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Remain-supporting parties (which allowed the Liberal        week or so, Cummings has been vocal about the need
    Democrat candidate to stand unopposed by these              to push Brexit through. He has also been floating ideas
    parties), the Liberal Democrat candidate overturned this    such as the PM not resigning if he loses a no-confidence
    majority and won the seat by a margin of 1,425 votes.       vote, agreeing to hold an election (but after the Brexit
    This has now reduced the government’s already slim          deadline) or ignoring any amendment or bill by
    majority in parliament to just one;                         parliament that requires the PM to ask the EU for an
   3-4 August, 2019 – The UK government stepped up its         extension. The general premise of the strategy appears
    rhetoric about leaving the EU on 31 October, 2019. Anti     to be delay doing anything until after 31 October and
    no-deal Brexit MPs have been discussing plans to try        Brexit will be done anyway. On the other side are MPs
    and prevent this, including a vote of no-confidence in      who are against a no-deal Brexit. These MPs are
    the government when Parliament resumes at the               strategising how this could be prevented. Suggestions
    beginning of September. Cummings indicated that             have included a no-confidence vote in early September,
    Johnson could refuse to resign if this occurred, or         followed by a caretaker government with the sole
    schedule the election for after the deadline date           mandate to ask for an extension and call a general
    (meaning Brexit would still go ahead). For more on how      election. There are several ways that this could play out
    this could play out, see ‘What Happens Next?’ section       in the lead up to the end of October:
    below;
                                                                 − Firstly, the UK government could successfully delay
   5 August, 2019 – Corbyn indicated that he would be                all actions, including resignation and calling an
    prepared to bring a no-confidence vote in the                     election on or after 31 October. Leaving the EU
    government very soon after parliament returns in                  without a deal remains the default option in law and
    September. There have been some more moderate                     preventing this requires positive action. There is a
    conservative MPs, including Phillip Hammond, who have             convention in parliament that any caretaker
    suggested they would support this. It is the convention           government (which the government becomes once
    that a no-confidence vote can only be moved by the
                                                                      it has lost a vote of no-confidence) should not take
    leader of the opposition;
                                                                      any decisions that are not considered ‘care-taking’.
   6 August, 2019 – The EU stated that the UK government             However, there is an argument that since the PM
    demands of removing the backstop from the Withdrawal              would not have to ‘do anything’ for Brexit to occur,
    Agreement were unacceptable, and as such, that there              the government would not have taken any
    was no further basis for any Brexit talks. Government             decisions;
    minister Michael Gove then publically blamed the EU for      − There are a number of options open to Parliament
    being unwilling to talk;
                                                                      to block this, all of which have challenges:
   6 August, 2019 – There has been talk from anti-no-deal
    Brexit MPs around a Government of National Unity. This           •   In our opinion, the most likely option would be
    would be formed of a coalition of several parties, with              for MPs to take control of the Commons
    the sole aim of replacing Johnson and requesting an                  timetable to pass a bill that requires the PM to
    extension to the Brexit deadline before calling an                   ask the EU for an extension. This would also
    election. John McDonnell – Shadow Chancellor of the                  need to be passed by the House of Lords. This
    Exchequer and de-facto Deputy Labour leader –                        would need to be a bill rather than a motion,
    confirmed in speech in Edinburgh that the only way                   which is not binding on the PM. There has
    Labour would form a government would be as part of a                 already been talk of MPs trying to pass a bill to
    Labour government. He also indicated that Labour                     suspend the normal 3-week recess during the
    would not oppose Scotland having a second                            party conference season in September to
    independence referendum, which many have taken as                    increase the chances of getting this type of bill
    an overture for a potential coalition should no party get            passed;
    an outright majority in a general election. This was             •   As leader of the opposition, Corbyn could call
    followed by the Liberal Democrats stating that while they            a no-confidence vote in the UK government
    may support a Labour-led caretaker government – they                 (which he has indicated that he is willing to
    would not support one where Jeremy Corbyn was the                    do). The government could lose this vote (note
    leader.                                                              that any Conservative MPs who vote against
                                                                         the government are likely to face deselection
What Happens Next?                                                       and therefore the end of their political careers).
 We seem to have entered an age of the UK government                    A new PM or government would then need to
  versus parliament. The government’s rhetoric is being                  win a positive vote of confidence, with the
  led by Cummings. Cummings prior role was the chair of                  single mandate to request an extension and
  the Vote Leave campaign during the Brexit referendum.                  then call a general election. There are several
  Cummings is a controversial figure, seen by some as the                challenges to this approach. First, it would be
  evil genius behind Brexit and by others as a brilliant                 constitutionally acceptable for Johnson to not
  thinker promoting radical policy changes. Over the past                resign immediately and call the resulting

                                                                                                                        3/6
election for after the Brexit deadline. Second,        −    Opinions are split on whether the GBP39 billion
             parliament would have to show a majority for a              ‘divorce settlement’ agreed by former PM Theresa
             new PM or government. Labour leaders have                   May would be payable. If the UK does not pay this,
             said they would not support any new                         there could be legal consequences and the UK
             government that was not led by Corbyn, while                could find itself in an international tribunal. There
             the Liberal Democrats have said they would                  could also be political consequences, particularly
             not support any government led by him. (They                when trying to negotiate a trade agreement with
             would, however, support a government led by                 the EU.
             a Labour back-bencher). It seems agreeing on
             a new government within the 14-day period          Asset Management and Financial Markets:
             post the no-confidence vote may be a bridge           June 2019 – The Irish regulator, the Central Bank of
             too far unless someone is willing to                   Ireland, clarified what it will take into account when
             compromise;                                            judging whether secondment of UK employees to Ireland
        •    MPs could add an amendment when passing                as part of Brexit plans are appropriate. It will look at:
             the no-confidence vote to instruct the PM to             − Time being dedicated to the operations of the Irish
             seek an extension. Equally, an amendment                      firm;
             could require that the election is held before           − The sufficiency of local management resources to
             the 31 October deadline;                                      oversee seconded employees;
                                                                      − The extent to which the interests of the secondees
        •    MPs could pass a bill proposing a second                      are aligned with the interests of the Irish firm;
             referendum, believing that the choice is now          17 July, 2019 – The Luxembourg regulator CSSF
             no-deal or a second referendum. It is still not        granted UK firms 12 months from 31 October 2019 to
             clear that there is enough support in                  wrap up their business in Luxembourg. After this point,
             parliament for this option;                            the firms would be required to register with the CSSF.
        •    The courts could intervene by proposing a              Firms will need to notify the regulator if they wish to avail
             judicial review of Johnson’s use of his powers         of this via an online declaration portal no later than 15
             to delay an election. Legal action is being            September, 2019;
             planned by Gina Miller (responsible for the           20 July, 2019 – The EU revoked equivalence for credit
             court decision that parliament had to vote to          ratings agencies in five markets (Australia, Brazil,
             trigger Article 50) and former PM Sir John             Singapore, Argentina and Canada) following on from
             Major;                                                 warnings that they had not matched the standard of EU
                                                                    rules. This essentially means that European banks can
        •    MPs could pass a Bill to revoke Article 50. In         no longer rely on these warnings. This is the first time
             our opinion, this is the least likely option.          that access rights under equivalence have been
                                                                    withdrawn (the Swiss issue in the last update was the
Preparations for a No-Deal Brexit:                                  expiration of a temporary permission). This has been
 The former Chancellor of the Exchequer had allocated              widely seen by commentators as a Brexit-related
   GBP4.2 billion for no-deal preparations. Since Johnson           decision to demonstrate that equivalence cannot be
   became the UK PM, an additional GBP2.1 billion has               taken for granted;
   now been allocated;                                             22 July, 2019 – The National Institute of Economic and
 What exactly is meant by a no-deal Brexit? The UK                 Social Research warned that the UK could already be in
   would immediately leave the EU with no agreement in              a technical recession. It noted that whilst central banks
   place to govern its future relationship. In practice, this       and the government could smooth the effects of a no-
   means:                                                           deal Brexit, they would not be able to reduce the long-
    − The UK leaves the single market and the customs               term hit to the economy as Brexit represented a
        union;                                                      fundamental change in the outlook of economic
    − The UK leaves EU institutions such as the                     potential;
        European Courts of Justice and Europol (the                23 July, 2019 – The FT reported that the decline in the
        European agency for law enforcement);                       British pound was encouraging UK importers to enter
    − The UK ceases to be a member of EU bodies that                into complex currency transactions that could ultimately
        govern rules on items such as medicines and                 lead to significant losses. One popular instrument is a
        trademarks;                                                 target redemption forward (‘TARF’). Consultants are
    − Trade terms between the UK and the EU would                   advising that whilst these trades can be profitable,
        initially be set on World Trade Organisation terms.         unfavourable movements could mean that holders are
        This means tariffs will apply to most goods that UK         forced to trade out at costs rates and in larger amounts
        companies send to the EU;                                   that they originally wanted to buy and sell. There have
    − Border checks on goods would be required;
    − The UK services industry loses its guaranteed
        access to the EU single market;

                                                                                                                              4/6
already been lawsuits for mis-selling these instruments                Figure 3. GBP/USD Movements Since the Referendum
     and the concern is the volume of these may increase;                                  AB C      D   E       F          G      H     I        J K L MN O    PQ
                                                                                   1.50
    31 July, 2019 – A blog from PwC highlighted a crucial
     difference in the Brexit deadline this time, which makes it                   1.45
     more challenging in the event of a no-deal Brexit. 31
                                                                                   1.40
     October is a Thursday, so this deadline (which, in our
     view, is likely cause a spike in volatility in the event of a
                                                                                   1.35
     no-deal) will occur during the trading week. Previous
     deadlines have all been Fridays, which would have                             1.30
     afforded people the weekend to adjust and plan before
     trading outside of the EU began;                                              1.25

    1 August, 2019 – The Bank of England warned that                              1.20
     there is a 1-in-3 chance of the UK entering a recession
     at the start of the next year as heightened uncertainty
     about Brexit continues to weigh on the economy. These
     remarks were made as the bank voted unanimously to                     Source: Bloomberg; As of 7 August.

     maintain UK interest rates at 0.75%;                                   A – 23 June, 2016 – EU Referendum – Leave wins 51.9% to 48.1%
                                                                            B – 13 July, 2016 – Theresa May becomes UK Prime Minister
                                                                            C – 6 September, 2016 – Government confirms the UK will leave the EU Customs Union
    7 August, 2019 – Calastone released figures that show                  D – 7 December, 2016 – House of Commons votes 461 to 89 in favour of triggering Brexit
                                                                            by the end of March 2017
     that, between January and July 2019, GBP11.7 billion of                E – 1 February, 2017 – House of Commons votes to Trigger Article 50 at the end of March
     money left UK-domiciled funds and went into offshore                   2017
                                                                            F – 8 June, 2017 – Conservative party loses its parliamentary majority in a snap election
     funds predominantly in Ireland and Luxembourg. Of this                 G – 13 December, 2017 – Parliament passes an amendment to a bill guaranteeing it a final
                                                                            day on any deal
     amount, GBP2.8 billion was in July alone as the                        H – 16 April, 2018 – UK/EU talks on the political future begin
     government stepped up its no-deal rhetoric. UK equity                  I – 9 July, 2018 – Boris Johnson and other ministers resign from the cabinet
                                                                            J – 12 December, 2018 – Theresa May survives a no-confidence vote 200 to 117
     funds have been the hardest hit from these withdrawals.                K – 15 January, 2019 – Parliament rejects the Withdrawal Agreement by a record 230
                                                                            majority
Interest and Exchange Rates:                                                L – 12 March 2019 – Parliament rejects the Withdrawal Agreement for the second time by a
                                                                            149 majority
On 1 August, the British pound reached its third-lowest                     M – 21 March, 2019 – EU grants the first temporary extension
                                                                            N – 10 April, 2019 – EU grants second temporary extension to 31 October, 2019
point against the US dollar since the referendum. This                      O – 24 May, 2019 – Theresa May announces her resignation
followed a weekend of increased support from the UK                         P – 23 July, 2019 – Boris Johnson becomes UK Prime Minister
                                                                            Q – 29 July, 2019 – Government starts actively talking about a no-deal outcome
government for a no-deal Brexit. The two lowest points
were just after the UK government triggered Article 50 and
the period following the announcement that the UK would                     Beyond Westminster:
definitely leave the EU Customs Union. Of the 10 lowest FX                      28 July, 2019 – French Company PSA (which owns
rate close prices on Bloomberg, five have been in the period                     Vauxhall) said it would be pulling all production from one
of 30 July-5 August, 2019.                                                       of their plants in the UK and move it to Europe if Brexit
                                                                                 renders the British factory unprofitable. This would put
Figure 2. GBB/USD FX Rates
                                                                                 around 1,000 jobs at risk;
    1.27   Corbyn backs
                                                                                1 August, 2019 – BMW CEO Harald Krüger urged
              second              Boris Johnson         Government               Johnson to abandon the idea of a no-deal Brexit. Kruger
            referendum           becomes UK PM          steps up no
    1.26                                                                         had previously warned that a no-deal Brexit could force
                                                        deal rhetoric
                                                                                 the company to stop making its Mini model in Oxford,
    1.25
                                                                                 which would put around 4,000 jobs at risk;
    1.24                                                                        5 August, 2019 – Of the 245,000 businesses that need
                                                                                 to complete paperwork in order to continue business in
    1.23                                                                         the event of a no-deal Brexit, only 66,000 have done
                                                                                 this. The Liberal Democrats pointed out that at the
    1.22
                                                                                 current rate of completion, it would take until 2021
    1.21                                                                         before all these businesses can carry on trading with the
                                                                                 EU. HMRC added some context to these figures, noting
    1.20                                                                         that these 66,000 businesses represented around three-
                                                                                 quarters of the total trading volume;
                                                                                7 August, 2019 – The Road Haulage Association warned
Source: Bloomberg; Between 1 July and 7 August, 2019.
                                                                                 the government that drivers face 48-hour queues
                                                                                 without any welfare facilities after 31 October.

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