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Brexit weekly round up – Week commencing 10 September 2018
Matrix’s Legal Support Service provides a weekly round-up of Brexit-related links and news.
Brexit and the UK constitution
- For The Telegraph, William Hague has argued that the UK is facing its worst constitutional crisis for 200 years.
- Legal academics have warned that the Brexit process threatens the Northern Irish peace process.
The UK’s post-Brexit deal with the EU
- EU Commissioner Phil Hogan has warned Theresa May to ignore the ‘Three Stooges’ – Boris Johnson, Jacob Rees-Mogg and Nigel Farage – whilst hammering out her Brexit deal. Meanwhile Boris Johnson has sparked fresh outrage from senior Tories by claiming the Prime Minister’s Chequers deal has left the UK strapped to a ‘suicide vest’, whilst former Brexit minister Steve Baker has stated that the Tories face a ‘catastrophic split’ unless Theresa May ditches her plan. However, plans of Tory Eurosceptics to publish an alternative blueprint to the Chequers plan have fallen through due to divisions. Pro-Brexit Tory MPs have reportedly openly discussed methods of ousting the prime minister at a private meeting, discussing the timing of a confidence vote.
- The Financial Times reports that the EU is preparing to give Michel Barnier new instructions – a conciliatory move giving him a mandate to help close the deal with the UK. However, Brexit Secretary Dominic Raab has reportedly clashed with Brussels’ top negotiator after it emerged that the UK has asked EU member states to hold direct talks on plans for a no-deal Brexit.
- Jean-Claude Juncker has ruled out the central plank of the Chequers proposals and dismissed the British government’s plans to build a rival to the EU’s Galileo satellite project as impossible, as he gave a downcast reading of the Brexit negotiations in his annual state of the union speech. However he welcomed Theresa May’s proposal for an ambitious future partnership whilst saying the EU would not accept the break-up of its single market, giving the Prime Minister hope for a Brexit solution.
- The Government has published a second set of technical notes discussing potential implications of a no-deal Brexit. These show that UK nationals travelling through Europe could face significant hurdles in the event of a no-deal Brexit, including needing to carry multiple driving licences, renewing older passports and paying high mobile roaming charges. The Financial Times has analysed these technical notes, whilst Dominic Raab has argued that the UK is prepared if a no-deal scenario happens.
- Polling expert John Curtice has told Business Insider that fears of the negative impact of Brexit are pushing a growing chunk of Leave voters towards wanting to remain in the EU, and considered how young and old voters would vote now on The UK in a Changing Europe.
- For the LSE Brexit blog, Connor Gearty has written a post arguing that the way forward now is to back the hard Brexiteers, as only if they steer the UK into the chaotic Brexit will they and the criticisms which led to the vote be silenced.
- Downing Street is refusing to consider proposals to have EU officials stationed at British ports serving Ireland, intended as part of a solution to the problem of the Irish border after Brexit. Nonetheless, the EU’s chief Brexit negotiator, Michel Barnier, has said it is “realistic” for the UK and Brussels to strike a deal within the next six to eight weeks.
- In The Times, Sir Stephen Wall has argued that postponing tough choices cuts the chances of a good Brexit deal.
Impact of Brexit on the economy
- Andrew Bailey, CEO of the FCA has given a speech on multilateralism and global coordination, considering the case for balancing autonomy and cooperation in the interests of financial markets.
- The Centre for Economics and Business Research has published an assessment showing that UK companies will stockpile about £40bn of imports to cope with the impact of a no-deal Brexit.
- Cadbury owner Mondelez International has revealed it is stockpiling ingredients, chocolates and biscuits in case of a no-deal Brexit.
- Theresa May is to meet car industry executives at a summit in Birmingham amid growing concern in the industry about the pace of the Brexit negotiations and the impact of a no-deal scenario on the sector.
- A £200m portfolio of East Anglian farmland is being brought to the market in a test of the appetite for UK agricultural assets ahead of the country’s departure from the EU.
- The boss of Jaguar Land Rover, Ralf Speth, has warned Theresa May that Brexit will put ‘tens of thousands’ of jobs at risk. Equally the FT has reported that a no-deal Brexit will threaten the electric car market. Meanwhile ADS has written to the European Commission warning that Brussels is risking ‘confusion and disruption’ in the aerospace industry in the event of a no-deal Brexit because it is stopping regulators from preparing a seamless transition.
- A new report by the National Audit Office has stated that up to 10% of animal product exports could be stranded at the UK border after Brexit due to the failure of the Department for Environment, Food and Rural Affairs to agree plans with more than 100 countries on the use of export certificates.
- Mark Carney is to remain at the Bank of England until January 2020, which Philip Hammond has stated will ensure continuity during the potentially ‘turbulent’ Brexit.
- The British Government is preparing for a legal battle with Brussels over EU attempts to force it to increase taxes on commodity derivatives trading.
- Mark Carney has warned the Cabinet that house prices will fall by a third if there is a no-deal Brexit.
- London has lost its top financial centre ranking to New York due to the uncertainty over Brexit which is starting to harm the city’s attractiveness.
Brexit as it affects Practice Areas:
British police chiefs are reportedly preparing contingency plans to cope with a potential breakout of disorder should Britain leave the EU without a deal.
The Financial Times has argued that Brexit will mean the UK will leave the remit of the European Arrest Warrant, and this will mean Britain loses a useful tool for justice.
Competition and Regulatory
The House of Commons Library has published a report considering the expected effects of Brexit on public procurement and future policy choices for the UK.
A blog for The Conversation has argued that discussion of a ‘Brexodus’ is overblown and symptomatic of the assumptions made about how mobile the EU migrants who’ve made their homes in Britain actually are.
The Financial Times has reported that the UK is preparing a post-Brexit immigration regime which will give preferential treatment to citizens from countries which strike comprehensive trade details with Britain.
The House of Commons Library has published a report considering the position of fisheries in the Brexit negotiations.
It has also published a report discussing key energy and climate change policy in the UK, the status of related Brexit negotiations, and the possible impact of Brexit on these policy areas.
In place of the £3bn a year farmers currently receive under the EU’s common agricultural policy, from 2021, a new system rewarding farmers for the public goods they provide will be phased in until 2027 when the last payments based on the amount of land farmed will be made.