Menu My portfolio: 0

Articles and Downloads

Brexit round-up – week commencing 1 May 2017

Matrix’s Legal Support Service provides a weekly round-up of Brexit-related links and news.

Brexit and the UK constitution

  1. In a move raising fears over UK fragmentation, the EU has confirmed that Northern Ireland would seamlessly re-join the bloc after Brexit in the event of a vote for Irish reunification.
  2. In the case of Coal Staff Superannuation Scheme Trustees Ltd v Revenue and Customs [2017] UKUT 137 (TCC), the Tribunal decided not to refer the issue of tax contravening TFEU, art 63 to the CJEU at this stage, notwithstanding the fact that due to Brexit the question may not be able to be referred subsequently.
  3. The Guardian reports on Lord Judge’s warning that Brexit will bring a “torrent” of legislation that risks being passed into law without proper parliamentary scrutiny.

The UK’s post-Brexit deal with the EU

  1. Whilst adopting negotiation guidelines for Brexit, reported in the Financial Times, European leaders have warned Theresa May over her ‘completely unreal’ expectations of a swift trade deal. Meanwhile Angela Merkel has laid down a hard line for Brexit talks, warning the UK against harbouring any ‘illusions’ about getting favours from the EU.
  2. The leak to Frankfurter Allgemeine Sonntagszeitung of an account of Wednesday’s dinner between EU and UK negotiating teams has highlighted rising tensions and may do lasting damage in ‘poisoning the talks’, whilst Theresa May has accused Brussels of trying to influence the UK election.
  3. However, for the UK in a Changing Europe, Professor Ryner has argued that the EU-27 is not as united as it makes out, and in the Financial Times, David Allen Green has argued that there are three ways in which a ‘successful’ Brexit could be sabotaged, and that this seems to be what the Government is doing in practice.
  4. Sir Julian King, the European commissioner responsible for security, has warned that the UK may have to recognise CJEU court rulings to keep security cooperation in countering terrorism and organised crime.
  5. According to new Financial Times analysis following stricter demands driven by France and Germany, the EU has raised its opening demands for Britain’s Brexit bill to an upfront gross payment of €100bn. However David Davis has rejected this claim, stating that the rising estimates prove no deal is better than a bad deal. Meanwhile Barnier has stated that the UK’s financial obligations to the EU will be ‘incontestable’ and has insisted that liabilities must be settled before trade talks.
  6. Agreeing with the European Ombudsman, Jean-Claude Juncker has promised transparency in Brexit negotiations, particularly where concerning the protection of citizen’s rights to move freely, whilst proposals from EU officials state that formal Brexit talks should be conducted in rigorous four-week cycles, in Brussels, with progress published once a month.
  7. Lord Kerr, an author of art 50, has stated that uncertainty about who will lead Brexit divorce talks for Britain is a “very real problem”,leaving a 45% chance of no deal.
  8. At the request of the IMCO Committee, Policy Department A at the European Parliament has produced a paper considering the consequences of Brexit in the area of public procurement.
  9. The House of Commons Library has published a briefing considering the potential for special arrangements to be negotiated for Gibraltar following Brexit.

Impact of Brexit on the economy

  1. At the Prosperity UK conference, business leaders have stated that corporate Britain has moved on from the EU referendum and is now focused on making Brexit work.
  2. In a provocative move as Brexit talks begin, the Financial Times reports that Brussels is rushing out proposals to impose EU control on the City of London’s euro-clearing market.
  3. The EU Energy and Environment Sub-Committee has published its report investigating the implications of Brexit for UK agriculture and food, particularly the implications of leaving the EU’s Common Agriculture Policy and the Single Market.
  4. JP Morgan is reportedly to move hundreds of jobs out of the UK due to Brexit, whilst the boss of Goldman Sachs has stated that the City ‘will stall’ over the Brexit risk.
  5. Oil and Gas UK have warned that a hard Brexit resulting in falling back on WTO rules and curtailing freedom of movement, would cost them £500m a year.

Brexit as it affects Practice Areas:

Criminal

Statistics published by police forces in England and Wales show that hate crime soared in the months leading up to the EU referendum, with more than 62,500 incidents in 2015-16, a rise of 19% on the previous year.

Health

Following its inquiry into health and social care post-Brexit, the House of Commons’ Health Select Committee has emphasised that the impact of Brexit om people who rely on the EU’s reciprocal healthcare arrangements should not be underestimated.

The European Medicines Agency has published a notice to marketing authorisation holders of centrally authorised medicines intended to remind them of their legal obligations in preparation for Brexit.

Immigration

IPPR has tested the options for a new agreement on UK-EU migration against their progressive settlement criteria, proposing a negotiating strategy for the Government.

The UK Brexit Secretary has admitted that the permanent residency application process cannot cope with applications from the 3m EU national currently residing in Britain.

The Institute for Government has released a report stating that it is unfeasible to fully create and implement a new immigration policy by the end of the two-year article 50 deadline and that EU immigration is likely to continue for some years after Brexit.

Education

The Conversation blog has suggested that teaching British children another language will be vital for preparing them for life after Brexit.

Environment

The Commons’ Business, Energy and Industrial Strategy Select Committee has warned that Britain’s energy supply has been jeopardised by Brexit and the Government must act urgently to ensure nuclear power stations stay open.

The House of Commons Environmental Audit Committee has published a paper discussing the future of chemicals regulation after the EU referendum.