Our Brexit Team are keeping abreast of the latest developments, providing regular commentary and client updates.
The Lords have now completed all six days of Report stage on the EU (Withdrawal) Bill, inflicting a total of fourteen defeats on the Government in votes on amendments.
The Lords have completed three days of Report stage on the EU (Withdrawal) Bill and, so far, the Government has been defeated on six votes, and it is likely that more defeats may follow.
On the second day of the European Union (Withdrawal) Bill Lords Report Stage, Members voted in favour of amendments to retain the Charter of Fundamental Rights of the European Union (the Charter) in UK law post-Brexit and to accept changes on technical aspects of the Bill in relation to legal challenges and causes of action.
The Supreme Court is being asked to rule on whether Brexit legislation passed in Scotland and Wales is constitutional and within devolved powers.
Just as Report Stage of the European Union (Withdrawal) Bill commences today in the House of Lords – the last proper opportunity for government to move, and peers to debate, detailed amendments to the Bill, the UK Government’s senior Law Officers, the Attorney General and the Advocate General for Scotland, have referred anticipatory EU exit legislation already passed in the Scottish Parliament and the National Assembly for Wales, to the UK Supreme Court.
The House of Lords concluded its 11 days of Committee stage debate on the Bill on 28 March. In total, the Lords spent over 115 hours in deliberation (with some very late sittings), and considered some 372 amendments. The final amendment was moved by Lord Adonis – perhaps appropriately, as he was one of the most active participants in the debates.
With a year to go to Brexit on 29 March 2019, let’s have a quick review of where the Brexit negotiations have got to and set out what might happen in the next year.
The House of Lords continues with its eleven days of Committee stage debate on the Bill (now increased from ten). We have previously posted on Day 1, and on the debates on Days 2 to 5 so far they concerned amendments relating to particular aspects of EU law or policy.
Senior Associate Aaron Nelson recently attended a Brexit round table hosted by The Law Society Gazette. Key points for discussion included how law firms are responding to Brexit and the key issues arising for clients.
A full summary of the event is available here.
The House of Lords has now completed five days of its 10-day Committee stage debate on the Bill.
Days 1 to 3 (21, 26 and 28 February) concerned clauses 1 to 6, covering repeal of the European Communities Act 1972 and the retention of existing EU Law, and Days 4 and 5 (5 and 7 March) concerned Clauses 7 and 8, covering the main powers in connection with withdrawal.
Stefan De Rynck, the main adviser to the EU’s chief Brexit negotiator Michel Barnier, has dismissed Theresa May’s recent free-trade proposal, arguing that the trade relationship is based on a ‘failed model’ of mutual recognition of standards. David Mundy, partner in our planning and infrastructure team, says De Rynck’s comments are a ‘reality check’ and serve as a ‘stark reminder that it takes two to tango’ in an agreement.
The Prime Minister gave a speech on Friday setting out her vision for the UK’s future economic partnership with the EU. Perhaps to combat Labour’s slightly stronger showing recently, she started off by re-affirming her commitment to the ‘just about managings’ (who she doesn’t seem to have mentioned in a while).
Committee stage – line by line examination of the Bill – began in the Lords on 21 February.
Second reading of the Bill took place in the Lords (30 and 31 January).
A majority of the House of Lords support remaining in the EU, but the unelected upper chamber is aware it cannot brazenly oppose ‘the will of the people’ as expressed in the referendum to try to ‘stop Brexit’.
After a few (relatively) quiet weeks, Brexit has blown back on to the front pages.
The UK and the EU27 have moved to the Phase 2 of the Brexit negotiations, setting out what the ‘transition period’ will look like – and that got a chilly reception from hard Brexiteers.
Last week, the European Union (Withdrawal) Bill completed its remaining stages (Report Stage and Third reading) in the House of Commons, and moved to the House of Lords. It had its First reading in the Lords on 18 January, with Second reading (a general debate on all aspects of the Bill) scheduled for 30 and 31 January.
On 16 and 17 January, the European Union (Withdrawal) Bill passed its remaining stages (Report Stage and Third Reading) in the House of Commons.
This first blog post of 2018 looks at developments not only the European Union (Withdrawal) Bill, but also on the Taxation (Cross-border Trade) Bill (better known as the Customs Bill) and the Trade Bill, which both received their Second Reading in Parliament this week. We commented on the policy papers which preceded these latter two Bills here.
The eighth, and final, day of consideration of the EU (Withdrawal) Bill in Committee took place on 20 December.
Days 6 and 7 of Committee Stage on the Bill took place on 12 and 13 December. The newspaper headlines have, understandably, focussed on the first defeat for the Government – Dominic Grieve’s amendment to clause 9 (Amendment 7) was passed by the House after 11 Tory MPs rebelled against the Government whip – but there have actually been a number of Government concessions this week.
Day 5 of Committee Stage on the Bill took place on 6 December. MPs considered Clause 10 and Schedule 2, and Clause 12 and Schedule 4.
Early this morning, the UK and European Commission announced that they had reached an agreement that should allow them to move Brexit talks on to the next stage, and published a Joint report on progress during phase 1 of negotiations under Article 50 TEU on the United Kingdom’s orderly withdrawal from the European Union.
Yesterday was probably the most dramatic Brexit day since the referendum result. The Prime Minister went to Brussels, and most expected an announcement that a deal had been done on the EU’s three preliminary issues (divorce bill, citizens’ rights and the Irish border), allowing the negotiations to move to the UK/EU27 future trading relationship.
In this webinar Bircham Dyson Bell, Gowling WLG and Doughty Street Chambers discuss the delegation of powers contained within the European Union (Withdrawal) Bill.
The House of Commons has completed three days of its eight-day consideration of the European Union (Withdrawal) Bill in a Committee of the Whole House. This post considers the modifications made to date, and looks at the subjects to be discussed when consideration continues next week.
Parliament resumes today (13 November) after a short recess, during which MPs will no doubt have got to grips with the ever-growing list of amendments tabled in respect of the European Union (Withdrawal) Bill – the Bill’s Committtee stage starts on Tuesday.
The fifth round of Brexit negotiations closed this week. While Mr Barnier said that there had not been enough progress on ‘divorce issues’ (ie divorce bill, citizen’s rights and the Irish border) to move on to the UK-EU ‘future relationship’, it is today being widely reported that a leaked ‘internal draft document’ suggests the EU may, after all, begin preparing for post-Brexit trade negotiations.
The Prime Minister’s speech in Florence on 22 September was intended to create momentum in the ongoing Brexit negotiations, notwithstanding that (in her view, at least) ‘concrete progress’ had already been made ‘on many important issues’.
One of the most controversial aspects of the Bill is the disapplication of the Charter of Fundamental Rights.
Earlier this week, following two days of debate (on 7 and 11 September), the House of Commons voted in favour of the Government’s motion that the EU (Withdrawal) Bill ‘be now read a Second time’. This means that the House of Commons has approved the principle of the Bill, which will now progress to the Committee stage, where the Bill’s provisions will be considered in detail and some (most likely) modified.
With the third round of exit negotiations under way, this post looks at where the negotiations currently stand, examines the impact of DExEU’s latest position papers and a looks ahead to the key dates for the Bill this autumn.
This post looks at the delegated powers given to Northern Ireland, Scotland and Wales.
This post looks at how the Bill deals with the powers of the devolved bodies in a post-Brexit world.
In our last two posts, we looked at the Bill’s ‘Henry VIII powers’ and the scrutiny mechanisms proposed for secondary legislation. This post discusses some of the uncertainties which arise from those clauses of the Bill which preserve EU-derived domestic legislation and transpose EU law and rights into domestic law.
Our previous post considered the ‘Henry VIII powers’ which the Bill would grant to Ministers of the Crown and the devolved governments, authorising them, by means of regulations, to modify not only secondary legislation (ie other regulations, orders and rules), but also primary legislation (ie Acts of Parliament). This post looks at the other side of the same coin, namely, the mechanisms which the Bill provides for Parliament (and, in outline, the devolved legislatures) to scrutinise such legislation before it becomes law.
The European Union (Withdrawal) Bill (the Bill) (formerly known as the Great Repeal Bill) was introduced to the House of Commons and given its First Reading (a formal stage, without debate) on Thursday 13 July 2017.
The GRB has been published. It had its first reading in Parliament yesterday (13 July 2017), with David Davis, the SSExEU, describing it as ‘one of the most significant pieces of legislation that has ever passed through Parliament and a major milestone in the process of our withdrawal from the European Union’.
After introducing the bill to Parliament, lawyers are warning of Henry VIII style powers.
The (Great) Repeal Bill will be published this Thursday, 13 July.
Events this week have raised again the question of what sort of Brexit the Government is seeking.
The post-exit position of EU citizens is one of three key issues for the Brexit negotiations, along with the Financial Settlement (Divorce Bill) and Northern Ireland’s border.
Wednesday’s Queen’s Speech was dominated by Brexit (even the Queen’s hat was EU themed). Eight of the 24 proposed Bills and draft Bills in the Speech related to the UK’s exit from the EU.
Almost a fortnight after the General Election returned a hung Parliament, the repercussions continue to be felt. The Prime Minister’s personal position remains tenuous, and the Government is increasingly under pressure to abandon its policy of a ‘hard Brexit’ (ie leaving the Single Market and Customs Union, without transitional arrangements, on 29 March 2019).
Following the general election, let’s revisit the anticipated implications for the Great Repeal Bill and the Brexit process in general.
As the country goes to the polls, let’s pause to consider what potential election results might mean for the Great Repeal Bill and the Brexit process in general.
This post is the first in a mini-series looking at particular elements of the ‘acquis communautaire’ (the ‘body of EU law’) being transposed by the GRB into UK law. It considers the Treaty provisions, to see what might be retained through the GRB and what might not.
The Government’s aim is to take all EU law which currently applies in the UK and, wherever practical, transfer it into British law, so that it continues to apply after Brexit.
In our last post we explained that the repeal of the European Communities Act 1972 (the ‘ECA’) would end the authority of EU Law in the UK. But, because this would leave a large hole in the UK’s statute book, the GRB would seek to preserve and carry over (‘transpose’) into UK law the full body of EU law not already implemented in national law.
The GRB will repeal the European Communities Act 1972 (the ECA), the UK statute which took the UK into the EU and meant that European law took precedence over laws passed in the British Parliament. The Prime Minister said at Tory party conference ‘the authority of EU law in Britain will end’.
In our last post, we concluded by saying that Parliament will be asked to pass the GRB in advance of the conclusion of the negotiations – one which granted powers to the Government to make subsidiary legislation to give effect to the outcome of those negotiations (perhaps, a ‘skimmed’ or ‘semi-skimmed’ GRB, as opposed to a ‘full-fat’ version).
As noted in our last post, Article 50 has now been triggered, and so – subject to an extension of the two-year notice period – the UK will leave the EU on 29 March 2019.
On 2 October 2016, at the Conservative Party Conference, the Prime Minister announced ‘a Great Repeal Bill, which will remove from the statute book – once and for all – the European Communities Act’.
On 30 March 2017, the day after triggering Brexit, the government published its white paper setting out the details of its proposed Great Repeal Bill.
Parliamentary Agents, Nicholas Evans and David Mundy, comment on the Great Repeal Bill following the news that Theresa May triggered Article 50 on 29 March 2017.
A letter to European council president Donald Tusk announced that Article 50 has been triggered, starting a two-year countdown until Britain leaves the EU. But while MPs congratulate prime minister Theresa May on her wording, we wondered what UK industry leaders had to say.
Stuart Thomson, Head of Public Affairs, discusses the implications of triggering Article 50 and how it will impact the Brexit process.
Read our latest commentary on what this now means for the UK.
The trigger has been pulled and the UK are now within their 2 year negotiations, but what does the journey to Brexit look like? Take a look at our timeline.
our Brexit FAQ is packed with questions frequently asked by our contacts and clients – as negotiations evolve, we’ll continue to add answers to help you with any pressing issues.
Significant measures are being introduced to harmonise EU data protection and give individuals control over their personal data, but does your business really understand what is required to effectively comply with GDPR standards?
David Mundy and Oliver Spencer consider what the next stages will be for the Brexit Bill and whether it is likely to be passed without any significant amendments
Following the news that Article 50 had reached the House of Lords, Partner, David Mundy, discusses with Share Radio the likelihood of whether the Brexit Bill would be substantially altered or amended by the House of Lords, and what this would mean for the Brexit process?
The role of Parliament in Brexit has been controversial. But what is more important than the Brexit Bill is what Parliament does next and how much engagement there is. Unless everyone pays attention it will be easy to miss out.
As expected the House of Commons has voted decisively for the Second Reading of the Bill. The government won by 498 votes to 114, a majority of 384. A lone Conservative MP, Ken Clarke, voted against the government.
The European Union (Notification of Withdrawal) Bill, to quote a well-known advertisement, does exactly what it says on the tin. In response to the Supreme Court’s judgment that an Act of Parliament is needed to trigger Brexit, the Bill provides that Theresa May ‘may’ give notice under Article 50, perhaps an interesting choice of words given that the Bill does not specify a time-frame for invoking Article 50.
Supreme Court upholds High Court’s ruling that Article 50 has to be triggered by an Act of Parliament.
Nicholas Evans comments on the Supreme Court judgement that upholds High Court’s ruling that Article 50 has to be triggered by an Act of Parliament.
Here are 7 takeaways from the campaign which all of us involved in communications need to think about.
From termination clauses, to pricing mechanisms and territorial restrictions, our health check will quickly establish if your business will be affected by Brexit, or indeed may already be.
Business is critical to the success of Brexit. Without their ideas and input, the Government may not focus as closely on the needs of the economy, or only on certain parts of the economy. Instead, business has to be robust and stand up for itself.
Brexit will now be delayed until after the next election if parliament has the “guts and integrity” to insist on a second referendum, according to a leading lawyer who predicted Theresa May would not be legally allowed to trigger Article 50 without allowing MPs and peers to vote.
Politicians have a habit of making negative comments about organisations or making policy changes that impact on them. These interventions inflict reputational and operational damage. But if you understand what causes politicians to intervene then you can avoid both of these outcomes.
Are her remarks on tightening the Resident Labour Market Test likely to go anywhere?
On Thursday 23 June 51.9% of the British public voted to leave the EU. 100 days on, our Brexit team consider what has changed, what is clearer, and what still remains uncertain.
There has been a mass of analysis produced since the result of the UK’s EU referendum. But despite this swathe of literature, nobody really knows what the outcome will finally be for the country’s economy from the apparent decision to leave the EU.
Take a look at the top headlines over the last 100 days since the referendum.
Despite the UK voting to leave the EU (or deciding? see below), since those negotiations will take at least two years and haven’t started yet, the UK will still have to implement the revised EIA Directive by next May.
There is no doubt that Britain’s vote to leave the European Union shocked many. But these initial reactions are now giving way to a focus on developing and growing the UK economy both now and post-Brexit. One clear priority is to help businesses to export more.
Ahead of polling day, law firms ran around setting up specialist desks to help clients understand what would happen. Many have now gone very quiet and appear to believe that they will step back in once a Brexit deal has been reached.
Find out how by signing up to one of specialist alerts or reports.
The General Data Protection Regulation (GDPR), which will replace the current EU Data Protection Directive, has been formally approved by the European Parliament and will take effect in May 2018.
With a seemingly strong and united government in place behind Theresa May, the current battles in the Labour Party risk making it look irrelevant. Recent polls shows that Labour is losing support which makes a victory in the 2020 general election look a distant prospect. So why should anyone bother engaging with Labour?
With the immediate shock over the European referendum result diminishing and with politics taking a well-earned break over the summer, now is the time to take stock over what Brexit really means for you.
In the aftermath of Brexit, it seems that the only thing that can be said with any certainty is that we face a sustained period of uncertainty.
The UK’s new Prime Minister, Theresa May, has wasted no time in pulling her new team together. With a raft of new Ministers and a new supporting team in place, Mrs May is looking to set out a new path for her Government.
On Wednesday 13 July incoming Prime Minister Theresa May announced her new cabinet and only kept four of the previous 23 cabinet members in the same posts.
Take a look at the next steps for the UK and assess the level of risk you and your business may face.
EU nationals in the UK will also be among those most concerned about their future here and they will inevitably be feeling most acutely the urgency to act.
Andrea Leadsom’s “error-prone” handling of this weekend’s ‘mothergate’ episode has been criticised sharply by PR professionals, although some argue her ‘straight talking’ approach could be a benefit ahead of the Conservative Party leadership election.
Many organisations took the decision to stay out of the debate but, given the result, are now questioning whether this was the right approach. Businesses need to be heard and find the confidence to speak out.
One of the only good things that may come out of the EU referendum result is that the government is having second thoughts about privatising the Land Registry.
Personal attacks on Michael Gove by Boris Johnson’s supporters, in a bid to derail Gove’s chances of becoming Conservative leader, could rebound on Johnson, public affairs experts have warned.
With the British public voting to leave the EU, where does this leave data protection in the UK?
Emotions are running high but what obligations do employers have to control discussions between staff? Partner, Nick Le Riche discusses the results of the referendum.
Despite the UK’s decision to vote to withdraw from the European Union, the Brussels institutions will remain important to the UK. Whilst the UK may find greater confidence to look beyond the EU, there is no doubt that Europe will be at the heart of its politics and economics for a long time to come.
Several days on from the result of the EU Referendum and, inevitably, many are wondering how leaving the EU will affect the London residential property market.
Britain has voted to leave the European Union – but how will this affect the UK residential and commercial property market? We can only guess at what is to come but here are a few predictions
On Friday morning it was announced that on a 72% turnout, the UK electorate voted to leave the European Union by 51.9% to 48.1%. The individual UK local authority results ranged from Boston in Lincolnshire with a 76.5% vote to leave to Lambeth in London with a 78.6% vote to remain.
Now the realisation that Brexit is actually happening has sunk in for most people, it is time to get on with the business of doing business. Whilst uncertainty remains, public affairs can help organisations manage some of the risk involved and ensure that their voices are heard during the months ahead as the post-Brexit world emerges.
After a long few months the EU referendum vote it in, with a 52:48 split the country has spoken and the UK will now leave the EU. With David Cameron leaving his post as Prime Minister, the UK is likely to see many changes over the next few months and years.
On Thursday 23 June the British public voted on whether the UK should leave or remain within the European Union. With 51.9% voting to leave, and Cameron’s impending departure what does this all mean for the UK?
With the referendum being held tomorrow (Thursday 23 June) to decide whether the United Kingdom should remain in or leave the European Union (EU), we highlight the possible implications for international owners of UK residential property.
Though many of us are getting fatigued by it, we should remember that Thursday’s vote on our membership of the European Union will be a seminal moment in British politics. We are at a fork in the road, and, in both principle and practice, the electorate is being asked to vote for two very different visions of the future. It gets to the very heart of how we see ourselves as a nation, as a continent and as individuals.
The Snapshot uncovers the views of the new Parliament on policies impacting entrepreneurs and providing useful insights on the opinions and working knowledge of MPs.
On 23 June 2016, the UK will vote to either remain in, or out, of the European Union (EU). The referendum raises questions as to the business and legal consequences, and impact that a Brexit vote may have. Much remains uncertain, and of course it may not happen at all. However, as we approach the Referendum, it is important to ask the right questions and plan for the possibility – assessing the risks and opportunities that many individuals and businesses may face.