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Brexit weekly round up – Week commencing 21 August 2017

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

Brexit and the UK constitution

  1. The First Minister of Wales, Carwyn Jones, and First Minister of Scotland, Nicola Sturgeon, have agreed to work together on amendments to the UK Government’s European Union (Withdrawal) Bill, aiming to take actions to counter “serious risks” to devolution.

The UK’s post-Brexit deal with the EU

  1. The Government has published a position paper considering the provision of a cross-border judicial framework. A paper on enforcement and dispute resolution and the future role of the CJEU has also been published. This has been considered in the Financial Times. However Tory MPs have warned David Davis that the UK must make a clean break from the CJEU after Brexit.
  2. Dominic Raab has commented that the UK will keep ‘half an eye’ on CJEU rulings after Brexit; however Theresa May has been criticised as having u-turned on her policy as the position paper suggests the potential for the CJEU to retain a say on UK law.
  3. The Government has also published position papers on confidentiality and access to documents and continuity in the availability of goods for the EU and UK post-Brexit.
  4. It has emerged that David Davis will refuse to reveal any details about what Britain could pay towards a Brexit bill when EU exit talks resume. The Brexit Secretary has also called for “flexibility and immagination” head of the resuming talks. In return, the EU’s top negotiator, Michael Barnier, has said there was “ambiguity” about the British position.
  5. PoliticsHome looked at Labour’s “new” position on Brexit, following Keir Starmer’s statement that Labour wants the UK to remain in the single market and customs union for the duration of a transition deal, summarising “Labour’s well-documented problems working out a policy for Brexit are far from over.”

Impact of Brexit on the economy

  1. The BSI has stated that the UK will keep all of Europe’s business standards post-Brexit by applying to remain a full member of Europe’s three business standards agencies to ensure ‘frictionless’ trade.
  2. For the National Institute of Economic and Social Research, Dr Monique Ebell has considered whether a hard Brexit will ‘turbo-charge’ the UK economy.
  3. The Chair of Economists for Free Trade, Patrick Minford, has set out the key arguments for free trade, properly understood as global free trade and not simply free trade with the rest of the EU.
  4. Bank of America Corp.’sinvestment bank executives are reportedly divided over whether their European Union trading hub should be in Paris or Frankfurt after Brexit.
  5. Airports have joined forces to press the government to urgently strike a post-Brexit deal on flights between the UK and the EU, warning that the current uncertainty alone would be enough to see bookings drop by up to 41%.
  6. Dr Peter Holmes has criticised the Government’s position paper on the continuity in the availability of goods as only dealing with the most immediate disruptions in the sale of goods.
  7. The British Chambers of Commerce and their German counterparts have made a joint appeal to the UK and EU Brexit negotiators to clear up some of the “great uncertainty” affecting businesses.

Brexit as it affects Practice Areas:

Criminal

The Government has stated that parents in the UK would find it “much more difficult” to recover abducted children if Britain fails to persuade the EU to continue legal cooperation after Brexit as appealing to foreign courts for help will be much more difficult.

Data Protection

The UK is pushing to closely mirror the EU’s data protection laws post-Brexit so as to ensure the maintenance of the free flow of data across borders which underpins the digital economy.

Immigration and Free Movement

The Home Office mistakenly sent up to 100 letters to EU citizens telling them to leave UK or face removal, which Theresa May has stated was an unfortunate error.

Environment

Maria Carvalho, for the LSE Brexit Blog, has explored how exporting more low-carbon services could enhance the UK’s future prosperity.