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Brexit weekly round up – Week commencing 2 October 2017

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

Brexit and the UK constitution

  1. Theresa May has pledged to hold talks with Nicola Sturgeon to help break the deadlock over whether EU powers should be held by Westminster or Holyrood after Brexit.
  2. The UK Constitutional Law Association has sought to clarify the status granted by the EU (Withdrawal) Bill to the human rights protected by the EU Charter of Fundamental Rights after exit day, and to consider how the human rights protected by the Charter might continue to enjoy effective protection when retained EU law is converted into domestic law.

The UK’s post-Brexit deal with the EU

  1. Causing more friction within Cabinet, Foreign Secretary Boris Johnson has revealed his four Brexit ‘red lines’ in The Sun. However the Financial Times has argued that Boris Johnsons’s impatience over Brexit masks a fear of delay, as he is well aware that once the UK falls into a midway membership zone the changes of leaving wane.
  2. Ruth Davidson has called for “serious people” to take charge of Brexit as she launched a fresh attack on Boris Johnson. Meanwhile, according to The Telegraph, David Davis is planning to retire in 2019, leaving Boris Johnson to steer the UK through the transitional period, though Manfred Weber, ally of Angela Merkel and key MEP, has warned that the foreign secretary should be sacked to provide certainty in the Brexit talks of the UK position.
  3. At the Conservative party conference, Philip Hammondhas conceded that the cabinet is split over the implementation of Brexit, and has warned Boris Johnson that his interventions risk weakening the UK’s negotiating position.
  4. Speaking at the Chicago Council of Global Affairs, Europe minister Sir Alan Duncan has stated that the Brexit referendum result was Leave supporters among the British working class “throwing a tantrum”, whilst warning that labour shortages after Brexit “could cause us a lot of damage”.
  5. The UCL Constitution Unit has held a ‘Citizens’ Assembly’ on Brexit, finding that the UK voters want a soft Brexit. Meanwhile Lindsay Richards and Anthony Heath for the LSE Brexit Blog have conducted a study to investigate how flexible public opinion is on Brexit negotiations.
  6. Following Theresa’s speech in Florence and the fourth round of talks, for the European Policy Centre, Andrew Duff has taken stock of the progress made and the prospects for the October meeting of the European Council.
  7. The European Parliament has voted by 557 votes to 92 in support of Barnier’s resolution that Brexit talks have not progressed sufficiently to proceed to the next phase of negotiations.
  8. Nick Clegg has stated that Brexit is a ‘time of national emergency’, and is urging voters to join Labour or the Tories to exert greater pressure to prevent the exit.
  9. The President of the Supreme Court, Baroness Hale, has called for clarity on the ECJ post-Brexit, stating that judges need to know how far they should take into account future judgments from EU court.
  10. For the LSE Brexit blog, Simeon Djankov has developed a ‘Brexit readiness score’, stating that currently the UK is 9% ready.

Impact of Brexit on the economy

  1. Baker McKenzie have published a paper considering the realities of trade after Brexit, suggesting that leaving the bloc will create a £17bn fall in annual EU export revenues across the UK’s key manufacturing sectors.
  2. Giving a speech for the Official Monetary and Financial Institutions Forum Lecture, Andrew Bailey, CEO of the FCA, has considered the lessons which can be learned by putting the issues surrounding Brexit into a historical context.
  3. Linda Yueh, for the LSE Brexit blog, has considered the trade strategies the UK could pursue post-Brexit to remain ‘global Britain’.
  4. The European Commission has published an assessment of offers to host the European Banking Authority and European Medicines Agency post-Brexit, which are currently located in the United Kingdom.
  5. The Bank of England has warned that lending to businesses could dry up after Brexit because not enough preparations are being made by companies in the EU to keep operating in the UK after March 2019. Meanwhile its supervisor, Sam Woods, has urged EU regulators to work together on Brexit.
  6. The Financial Times reports that the UK and Brussels have struck a preliminary agreement on dividing up WTO quotas, in one of the first big breakthroughs of the Brexit talks. However, the US has objected to this deal, showing how it plans to use Brexit to force the UK to further open its sensitive market for farm products.
  7. The head of the Federation of German Industries, Joachim Lang, has warned German companies with a presence in the UK that they should be planning for a ‘very hard Brexit’.
  8. Deputy Governor of the Bank of England, Sam Woods, has warned the Government that it must agree a transition deal with the EU before Christmas to prevent City firms starting to move jobs and business out of the UK.
  9. Theresa May is to meet business leaders to discuss Brexit and trade.
  10. Britain’s northern cities including Manchester and Liverpool are lobbying the Government to replace European investment funding after Brexit amid fears that the negotiations and exit are too London-centric.

Brexit as it affects Practice Areas:

Employment

The European drugs regulator, the European Medicines Agency, has issued a multimillion pound tender for temporary workers, acknowledging that it may lose staff when forced to leave London following Brexit. This comes from a report on their business continuity planning.

Immigration

A Government paper has been published comparing EU and UK positions on citizens’ rights.

Brandon Lewis has told a Conservative fringe meeting that the post-Brexit immigration white paper is to be delayed until late autumn.

Theresa May has promised Angela Merkel that she will enshrine EU citizens’ rights in any exit treaty.

Willie Rennie MSP has written a paper considering the challenge of Brexit of reconciling immigration and the economy.

 

Environment

Michael Gove has been accused by Scottish ministers of breaking Brexit campaign promises to protect rural funding from the EU worth hundreds of millions of pounds.

Events

  1. The Bar Council is hosting an event on 20th October 2017 between 2pm and 5.30pm considering the Legal Consequences of Brexit.