This week the Commons is quiet while the Lords debate the Withdrawal Agreement Bill. The Government starts bringing substantial Brexit legislation forward and the EU is thinking about what it wants from the future relationship between the UK and EU.
Enjoy,
Jacob
In Politics
Withdrawal Agreement Bill debates continue in the House of Lords
Lords debate the WAB
Key amendments protecting child refugees and the legal system are laid
Votes not until early next week
This week the Withdrawal Agreement Bil (WAB) proceeded to the House of Lords, who has their eyes on the details and know of to do expert scrutiny. On Monday the Bill received its second reading in the Lords.
The Lords have suggested several amendments but perhaps the most critical issue is that of Clause 26 in the Withdrawal Agreement Bill. This clause gives ministers the power to make regulations on how courts may depart from CJEU interpretations of retained EU law-potentially opening up a can of legal worms. Peers across the House lined up to criticise this move, with Lord Anderson, Lord Anderson, a cross-bench peer and solicitor righly pointing how this opens up opportunities for Ministers to ‘remove the binding force of principle that they did not like, they could neuter the protection given by law to workers, consumers, disadvantaged groups and the environment’.
Further, the Constitution Committee in the House of Lord issued a damning report on Clause 26, saying that “we do not believe it is appropriate for courts other than the Supreme Court and the Scottish High Court of Justiciary to have power to depart from the interpretations of EU case law. Allowing lower courts to reinterpret EU case law risks causing significant legal uncertainty that would be damaging to individuals and companies”.
Peers pressed the Government on this during the debates on the Withdrawal Agreement Bill, but with no forthcoming clarity from the Government on why exactly they need this power, peers will put an amendment down on this next week. Whether it actually passes is another matter, but one thing is clear- Clause 26 presents, as the Public Law Project and ClientEarth have pointed out, significant legal uncertainty and as lower courts are not bound by each other decisions, there’s risk of a fragmented picture in the interpretation of retained EU law.
The other key issue to keep an eye out for is the Lord Dubs amendment. This would reinsert the previous amendment to ensure a commitment to refugee children and family reunification. This was controversially removed by Johnson when he brought the WAB back after the election.
This and the issues around Clause 26 are the most likely to get wide support from the Lords. However that does not mean either will pass. As Johnson has a large majority, the Lords will be weary of being seen to frustrate headline government policy after this election. If the Lords do pass these amendments it is unlikely that the Commons will accept them.
Votes will be early next week.
Future Legislation
Government published Agriculture Bill
It will cover direct payments and contains more secondary legislation powers
This week has been very quiet in the Commons. They have been debating the Queen’s speech (remember how very very important it was in September?). However they did announce the Agriculture Bill and it received its first reading on Thursday. You can read the Bill here. This is the first of several key Brexit related bills that are expected in the coming months.
The Agriculture Bill covers direct payments (ie replacement of CAP), reports on food security, and regulationed (ie secondary legislation) on multiple topics.
While this bill, and other important Brexit bills, will have a much smoother journey through parliament compared with Theresa May’s Brexit bills they are still key opportunities for Parliamentarians, civil society, and business to raise key concerns such as non-regression in food standards in the Agriculture Bill.
The second reading date has not been announced by the Government yet.
Sustain have produced a full comment, available to read here, where they outline a key concern that we are uncertain as to the implication of trade deals on UK farmers and food standards. "The elephant in the room is the implications of trade deals, and whether UK farmers will have to compete with low standard, low welfare imports produced in ways that would be illegal in this country. We need to see a legal framework to ensure this cannot happen. ”
In Policy
Future Relationship
EU starts thinking about negotiation objectives
EU wants the UK to sign up to the Level Playing Field
Doesn’t want the UK to undercut the EU market
As the focus moves on the negotiations on the future relationship with the EU,Tony Connelly of the RTE reports back on the preparatory meetings the European Commission and the member states are having to work out their negotiating aims with the UK and the future relationship between the UK and the EU.
The full thread can be read here.
First the EU is going to play hardball in getting the UK to agree to a Level Playing Field (LPF) provision. The EU is particularly concerned about the future of the UK’s economic model due to its geographic proximity and economic interdependence. The LPF would prevent the UK drastically cutting rights and standards (business costs) and tax or providing huge state aid to firms therefore undercutting the EU market. The LPF would ensure the non-regression of rights and standards.
The Withdrawal Agreement negotiated with Theresa May had agreed to the LPF however when Johnson came to power he moved those provisions to the to the Political Declaration which is not legally binding.
As Connelly points out non-regression is the agreement not to lower rights and standards. This is different to dynamic alignment which is where the UK would agree to keep its standards in line with the EU when they decide to increase rights and standards.
The UK will be unlikely to want to accept LPF, which is why Johnson shifted it to the Political Declaration, and certainly will not be happy about any talk of dynamic alignment. This will be a drawn out difficult negotiation but which has to be completed by December 2020. It is currently hard to see where the Johnson administration will agree with the EU, but the question is whether he will be forced to cave in on key issues given the pressed negotiation timetable.
More concerning for civil society is these negotiations, on the UK side, will be done mostly behind closed doors. Parliament has no input on the negotiation aims, or even final approval of the trade deal. As highlighted by this Institute for Government report, the previous UK Government failed to have meaningful engagement with civil society on Brexit. Looking to the negotiations on the future relationship, it is important that the government engages with civil society groups.
In Events
Merseyside Polonia - Are you ready for Brexit?
Date: Saturday, 18th January 2020 at 11 AM – 2 PM
Place: St. George's Hall, St George's Pl, Liverpool L1 1JJ
Tickets: link to Eventbrite
Are you Polish or EU national? What impact will Brexit have on you? What can you do right now to be ready for Brexit? Better be safe than sorry.
Merseyside Polonia would like to invite you all for a meeting with solicitor from Seraphus law firm specialising in human rights and migration law. Christopher Desira representing the firm based in London has years of experience in immigration law and will answer all questions about the UK leaving the EU and explain what you need to do to stay in the UK.
At the meeting, we will also have special guests from Liverpool City Council, Migrant Help UK, Settled, Europia, Crisis UK who will share about their experience of the process and explain how they can support you.
It will be possible to receive a face to face help at the event with the application for Settled Status so those of you who are interested should bring:
ID (passport, biometric card residence)
National Insurance Number
Additional proof of ID (for example Council Tax Bill)
The meeting will be translated into Polish by an experienced interpreter Kinga Pacak.
The number of places for the meeting is limited so to confirm your participation please register through Eventbrite. Registration and the entry for the event is FREE.
JCWI EU Care Workers Survey
JCWI have produced a survey aimed at EU nationals and non-EU/non-UK family members of EU nationals working in the care industry.
It is about how Brexit and the Government’s arrangements for EU nationals are affecting people in the care industry and will inform our wider campaign for all EU nationals and their families to secure the right to stay in the UK after Brexit.
Please share this survey with your networks and anyone you know who may wish to fill it in.
Survey can be found here
Recommended Reading
Jane Thomas, former BCSA Coordinator, blogs on how Brexit will shape out politics in the 2020s here
The Institute for Government published a new explainer on the Level Playing Field this week here
Katy Hayward on the 'New Decade, New Approach' agreement mean for Brexit in Northern Ireland here
The House of Commons Library go over the implications of Brexit and the Northern Ireland border here