More negotiations this week as the UK has published its official negotiation mandate for the future relationship between the EU and UK. The Environment Bill received its second reading and we look at the impacts on rights, standards and governance of the environment. Equally Ours have published their shared principles on the UK Shared Prosperity Fund. You can read and sign up to them. We have exciting events you can attend and as usual some recommended reading for your day.
Enjoy,
Jacob
In Politics
UK Publishes Negotiation Mandate
Official mandate has been published by the UK Government
Clarifies what has been mooted in the media before
The UK has published its approach to negotiations with the EU. This is the written form referenced by David Frost in his speech last week. You can download the UK’s approach here. There are no great surprises contained within it. Most of the content has been mooted at some point in speeches such as Frost’s last wee. It is, however, very important that there is now an official published copy of what the UK is aiming for. This increases the accountability of the Government as there is now something official to hold them against.
Sadly this is where the good news stops. The process of getting to this point has been behind closed doors. The document was written by Number 10 without any involvement from Parliament. The Prime Minister removed the mandating functions of Parliament, that were in the Withdrawal Agreement Bill before the election last year, when he returned with a majority. There has been little meaningful discussion, or public involvement, about what policy aims should be sought in the negotiation of a future relationship with the EU. For instance, the Conservative party has edged further and further away from Single Market access and is moving towards a no-deal Brexit despite, as reported in HuffingtonPost, Tory MPs have been told not to use the words ‘no-deal Brexit’.
When it comes to maintaining rights and standards, the UK continues to be adamantly against signing up for a level playing field. This is because they both want the freedom to diverge from the EU (the Government has repeatedly said they would not reduce current standards) and they do not want the ECJ to have any powers of dispute resolution. The Institute for Government has an explainer on the differences between what the EU and the UK are each looking for.
We will see who blinks first but some experts are lukewarm that there will even be a deal, as outlined in the FT here. The UK is using strong language on their willingness to walk away without a deal, but the EU doesn’t believe them as the UK still isn't investing in the required infrastructure to handle a no-deal Brexit. It remains to be seen if the UK is serious or not about risking a no-deal.
In Policy
Environment Bill Continues In Parliament
Environment Bill received its second reading
Organisations welcome it but have concerns
Concerns include extensive delegated powers, and accountability to Parliament
The Environment Bill returns. This Bill has been through various incarnations in its time and is back again. It is a key Brexit Bill because it contains measures that aim to prevent a governance gap in environmental policy due to the UK leaving the EU. It received its second reading in the Commons on Wednesday. You can watch the debate here or read the Bill here.
One of the key aims for the Bill is the establishment of the Office for Environmental Protection (OEP). This body will have abilities to scrutinise, enforce and advise on environment policy. They can bring legal proceedings against public authorities using an ‘environmental review’. While similar to what the European Commission could do the Bill prevents any damages being used as a remedy. This arguably removes some of the effectiveness of the OEP.
A further concern is that the non-executive members, including the chair, will be appointed by the Secretary of State. This introduces concerns about the independence from the Government of the OEP. As GreenerUK points out, this would leave the OEP with weaker measures of oversight than other bodies such as the National Audit Office and the Office for Budget Responsibility.
The Bill compels Ministers to make a written statement, in either House of Parliament, before the 2nd reading of a bill about whether they feel it would reduce the level of environmental protection given by existing legislation. GreenerUK, who have published a very helpful briefing for Parliamentarians, are concerned that this statement mechanism may be misinterpreted as a legal commitment not to regress when it isn't. A Minister can merely say it will regress standards but there is nothing preventing legislation going forward. This mechanism is similar to the statement on workers rights in last year's Withdrawal Agreement Bill (which was then removed once the Government won a majority).
The worrying, and important, thing missing from this Bill is that there is no legally binding commitment to non-regression of environmental standards. GreenerUK urge for amendments that would include a binding commitment so that standards cannot be weakened or watered down.
The final area of concern is that the Secretary of State is enabled to make amendments to the REACH Regulations and the REACH Enforcement Regulations 2008. Once again this is a Brexit Bill giving extensive delegated powers to a Minister allowing for major change that bypasses more comprehensive parliamentary scrutiny. The concern here is that a Minister may make significant changes to chemical regulations with minimal oversight and scrutiny.
The Bill overall has been welcomed by a variety of organisations as it will in principle provide primary legislation route for the rights and standards many want to protect. However it still needs improvement as a piece of legislation. We will follow its progress and see if any improvements are added in its journey through Parliament.
UK Shared Prosperity Fund
Equally Ours publish their shared principles for UK Shared Prosperity Fund
Equally Ours have published their shared principles for the UK Shared Prosperity Fund and are encouraging organisations to sign up. You can view them and sign up here.
“We all want to live in a fair and decent society. As we leave the EU, it is essential that we make the most of every opportunity to strengthen the UK’s ability to deliver equality, human rights and prosperity for all.
We are pleased that the government has said it will replace EU Structural Funds with a UK Shared Prosperity Fund (UKSPF). This is a welcome opportunity to ensure this work continues, but it must build on what we know works for people and communities.
Over the last year we have been working with colleagues across the UK to develop a set of shared principles which we all agree should underpin the UKSPF. It is essential that equality, social inclusion and non-discrimination are integral to any new funding system.
View the shared principles here and sign up now!”
In Events
Norwich Brexit and Civil Society: Q&A Drop-in session
When: Thursday 5th March, 11:30 to 15:30
Where: OPEN Norwich
Brexit Civil Society Alliance is in Norwich in March.
We are hosting a lunch time information drop in session for organisations. It will cover topics such as Brexit - what next, the future of funding and the EU Settlement Scheme. Please share this with anyone you know in Norwich who may benefit from attending. There is a free lunch provided to attendees.
Thursday 6th March 2020
OPEN Norwich
11:30 to 15:30
Tickets here
Human Rights, Brexit and Devolution
When: Wednesday 25th March
Where: Radisson Blu Hotel, Edinburgh City Centre, 80 High Street, Edinburgh, EH1 1TH
As the UK establishes new post-Brexit agreements and law, how can we best protect and continue to progress human rights across the 4 UK regions? Join us for this conference packed with in-depth insights focusing on the different opportunities and challenges around human rights for the UK as a whole and within each part of the UK post-Brexit, with space for in-depth discussion and networking with other organisations from the 4 regions
Register here
Programme
9:30 - Registration
10.00- 10.15: Introductions and welcome
Adam Wagner, Human Rights Barrister, Doughty St Chamber.
10.45-11.30 Panel 1 - Key Post Brexit Challenges and Opportunities for Human Rights in Scotland, Northern Ireland and Wales
Judith Robertson, Chair of Scottish Human Rights Commission
Dr Simon Hoffman, Swansea University
Kevin Hanratty, director of the Human Rights Consortium
11.30-11.45: Break
11.45-12.45: Brexit, trade and rights
12.45- 13.30 Lunch
13.30-14.30: Break out sessions
Communicating Human Rights in the Context of Brexit: Lessons learned
Implementing Brexit in domestic law: implications for rights
Where next for Citizens rights?
14.45-16.00 Expert Sofa Discussion - a Human Rights Race to the Top? Perspectives from Scotland, Northern Ireland, Wales and England.
Recommended Reading