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Brexit round-up – week commencing 14 Nov 2016

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

Brexit and the UK constitution

  1. Keith Ewing has reviewed the High Court’s ruling on art 50.
  2. The director general of the International Labour Organisation has warned that the election of Trump and vote for Brexit show a risk of more nationalistic movements gaining traction as the establishment fails to give workers feeling dispossessed by globalisation an alternative to protectionism.
  3. Lady Hale gave an explanation of the Article 50 Brexit case in a speech given in Malaysia. The Supreme Court has issued a response to the reactions there have been to this. Lady Hale also raised the possibility that legislation approving the triggering of art 50 might be insufficient, and that in fact a comprehensive replacement of the European Communities Act 1972 will be required.
  4. Leaders of local Government in England, Wales, Scotland and Northern Ireland have united around the call for further devolution to local communities across the UK after Brexit.
  5. The House of Commons Library has released a report considering questions of the revocability of article 50 notice, and referral to the EU Court.
  6. The Supreme Court has confirmed the interveners in the appeal of the art 50 case, to be heard in December.
  7. The Head of the Law Society, discussing the impact of Brexit on the future of the legal sector, has stated there will be a vast role for lawyers in forming the Great Repeal Bill, and subsequently in settling disputes over whether UK or EU law applies in different situations.

The UK’s post-Brexit deal with the EU

  1. There were reports following a leaked memo that the Government has no overall plan for Brexit; however the Government has said it does not recognise this.
  2. EU interior ministers are to discuss a plan to charge Britons £10 to travel to the EU post-Brexit in a European version of the US visa waiver programme.
  3. According to a close ally of French presidential election frontrunner Alain Juppe, the French government is definitely going to close the UK border post in Calais after Brexit.
  4. Theresa May has suggested post-Brexit Britain will take on the role of global champion of free trade.
  5. According to recent YouGov statistics, the majority of people do not think the Government is handling Brexit and the negotiations well.
  6. German finance minister Wolfgang Schäuble has laid out Germany’s likely demands of the UK on Brexit.

Impact of Brexit on the economy

  1. David Greene, senior partner at Edwin Co LLP, has said the uncertainty and complexities of disentangling the UK from the EU is impacting on London’s role as an international litigation hub, meaning Germany, France, Ireland and Holland are already putting the flags out to entice unnerved clients.
  1. Mark Carney has suggested banks based in Britain may start to relocate their activities to other countries about 12 to 18 months before EU departure if a ‘hard Brexit’ looks likely.
  2. Goldman Sachs’ Chief European Economist has released a podcast discussing the spectrum of issues to be resolved in Brexit negotiations, and what the outcome of a soft and hard Brexit will mean for the UK, Europe and the global economy.
  3. According to the FT, the Autumn Statement will show the UK faces a £100bn bill for Brexit within five years, supporting the Treasury’s pre-referendum warnings that the long-term economic costs of Brexit are high.
  4. Guardian analysis of the latest employment figures show that joblessness is at an 11 year low following Brexit, but warns that there has been a rise of 49,000 in the number of economically inactive people, suggesting that the autumn statement will warn of trouble ahead in the labour market.

Brexit as it affects Practice Areas:

Competition and Regulatory

In preparation for Brexit, the Government has confirmed that it is reviewing regulations surrounding genetically modified crops.
The House of Commons Library has considered the effect of Brexit on the UK in terms of the Brussels IIa regulation concerning cross-border child contact cases, and international child abduction within the EU.

Data Protection

Ethical Corporation has considered the issue of data protection in a post-Brexit world, particularly in reference to the EU GDPR.
The cybersecurity community is looking to assess the impact of the Brexit decision on the sharing of cyber-breach information internationally and what it means for cross-border data access.

Immigration

Google Inc.’s chief Sundar Pichai has said that Google remains committed to Britain and will go ahead with a new 1 billion-pound London headquarters that will create 3,000 jobs by 2020, but warned that post-Brexit crackdown on immigration could affect future plans.

The IEA has published a paper discussing the costs and consequences of restrictions on migration.

MPs have said that the Government should make an immediate commitment to exempt European scientists and researchers already working in the UK from any immigration controls imposed on EU citizens after Brexit.

Human Rights, Equality and Discrimination

The director of Liberty has urged the government to do more to combat the “irresponsible rhetoric” around Brexit, which she fears is being “used to legitimate racist and xenophobic attitudes”.

The Joint Committee on the Implementation of the Good Friday Agreement is to discuss implications of Brexit on equality and human rights and the Good Friday Agreement.

The Home Affairs Committee has heard that the way elements of the campaign to leave the EU framed the debate before the referendum is likely to have contributed to increased hate crime.

Events

  1. The Human Rights Implications of Brexit on EU Migration
    https://justice.org.uk/events/human-rights-brexit-eu-migration-scotland/
    8 Dec 2016 : The Lighthouse, 11 Mitchell Lane, Glasgow : 4.30pm – 6pm