Good morning,
The EU have started legal proceedings against the UK because the UK has threatened to break international law with the Internal Market Bill. Two new reports are out. One from Friends of the Earth exploring post-Brexit environmental policy in the UK. The other, by the Public Law Project, warns that EU citizens will face discrimination because settled status is online-only. As usual we look ahead to next week in Parliament and we have recommended reading for your Friday.
Enjoy,
Jacob
In Politics
EU Takes Legal Action
The EU has started legal proceedings against the UK
The UK has one month to respond to the EU
Negotiations continue but politically things are tense between the two sides
The EU has launched legal action against the UK as a result of the UK breaking international law. This is a result of the Internal Market Bill enabling Ministers to disapply parts of the Withdrawal Agreement- an international treaty negotiated and agreed by the Prime Minister less than a year ago.
As Ursula von der Leyen, the European Commission President, outlined in a televised statement the Commission has “decided to send a letter of formal notice to the UK government — this is the first step in an infringement procedure”. The UK Government has one month to respond to this letter.
This legal action is because the UK did not withdraw the Internal Market Bill by the end of September, as requested by the EU, and von der Leyen states this bill is a “breach of the obligation of good faith laid down in the Withdrawal Agreement” and “if [the Bill is] adopted as is would be in full contradiction to the protocol of Ireland/Northern Ireland”.
Steve Peers, Professor of EU Law, Human Rights Law & World Trade Law, at the University of Essex, outlined the legal process on Twitter The Commission is using the infringement procedure that applies to member states, which it can use with the UK as it is in the transition period. As Peers further explains, the Withdrawal Agreement (Article 86) sets out that the case cannot ‘time out’ due to the transition period ending.
He goes out to outline that if the Court rules in favour of the Commission then this is binding however the Internal Market Bill could block this effect because it blocks the effect of the Court of Justice of the European Union (CJEU). What happens if the UK ignores the ruling (if ruled against) is uncertain.
The Guardian reports that a government spokesperson said: “We will respond to the letter in due course. We have clearly set out our reasons for introducing the measures related to the Northern Ireland protocol. We need to create a legal safety net to protect the integrity of the UK’s internal market, ensure ministers can always deliver on their obligations to Northern Ireland and protect the gains from the peace process.”
The key impact of this action is political. It proves the EU takes the threat of the UK breaking international law seriously. It could derail what remains of the negotiations, though this is yet to be seen. October is a crucial month for the negotiations as it contains the self imposed deadline of October 15th by the Prime Minister, and the very practical deadline of October 31st. The deal needs to be agreed by the 31st because the EU needs time to ratify it.
We wait to see how the UK Government responds formally to the letter, whether it will cause them to modify the Internal Market Bill or if it will go ahead as it is currently drafted.
In Policy
Friends of the Earth Report
Friends of the Earth have launched a report on environmental policy post-Brexit and the level playing field
The report explores how the EU has created a level playing field in environmental policy and how the resulting harmonisation between the UK and EU could be disrupted in the future if either side raises or regresses.
It outlines that the EU has been clear in its aims to protect the level playing field and how it intends to do this. Whereas the UK has said it does not intend to regress but it has not outlined how it will guarantee this.
The report goes on to explore how environmental policies in the UK could regress after the UK leaves the transition period. As the report outlines there is no one legal definition of regression but it can happen for example when there is the removal of existing protections to environmental standards. One potential danger could be future UK Government who wishes to make UK industry more competitive by the removal of some environmental regulation in order to reduce costs on businesses but which would then result in a regression of the regulations we have now.
They then outline potential policy levers and strategies the UK Government could implement to limit the regression of environmental policy. There are many recommendations from the report that cover preventing a variety of different types of regression. Examples include the adoption of strong and enforceable non-regression clauses in the future relationship agreement between the EU and the UK. Another would be to limit the use of delegated legislation that allows a Minister to regress politics with less parliamentary scrutiny. There are many methods the Government could use and the report details each clearly.
The full report can be downloaded from Friends of the Earth here.
Online-only Immigration Status Is Risky
A new report outlines how EU citizens face discrimination as a result fo the online-only EU Settlement Scheme
65% of landlords would not rent to someone who needed time to provide documentation
The report recommends the roll out of the status be monitored closely and carefully
A new report from the Public Law Project by Joe Tomlinson and Alice Welsh, has warned that millions of EU citizens who have settled status could face discrimination when looking for jobs or housing because they receive no physical or paper-based prof of their rights to live and work in the UK.
The EU Settlement Scheme is a digital only system and as one of the authors Dr Joe Tomlinson says “The assumptions by Government appear to be that ‘digital only’ status will be easier to access, cheaper and more secure.
“Our analysis shows that some of these assumptions are at the very least questionable and lacking foundation in evidence, and that a digital-only system creates a real risk of harm.”
Evidence points that “65% of landlords would not rent to someone who needed time to provide documentation and that 85% of landlords did not respond to applications from prospective tenants who required the use of an ‘online checking tool”.
The report details the issues with a digital only system, such as the discrimination by landlords, digital exclusion to those who do not have the needed technical skills, potential for exploitation, and lesions from Windrush.
The report with the authors’ findings can be downloaded from the Public Law Project here
In Parliament
Watch Commons, Lords, and Committee sessions free on parliamentlive.tv
House of Commons
Monday 5th
European Scrutiny Committee - Oral evidence - UK parliamentary scrutiny of the Withdrawal Agreement Joint Committee and application of the Northern Ireland Protocol. Location: The Thatcher Room, Portcullis House. 1:45pm to 4:30pm
Tuesday 6th
Public Administration and Constitutional Affairs Committee - Oral evidence - The Government’s Constitution, Democracy and Rights Commission. Location: Room 6, Palace of Westminster. 8:55am to 11:30am
Wednesday 7th
Committee on the Future Relationship with the European Union - Oral evidence - Progress of the negotiations on the UK’s Future Relationship with the EU. Location: The Boothroyd Room, Portcullis House. 4:30pm to 6:00pm
Thursday 8th
Welsh Affairs Committee - Oral evidence - Brexit and trade: implications for Wales. Location: Room 5, Palace of Westminster. 8:40am to 11:30am
Public Accounts Committee - Oral evidence - Whitehall preparations for EU Exit. Location: The Wilson Room, Portcullis House. 9:15am to 12:30pm
House of Lords
Monday 5th
Legislation Immigration and Social Security Co-ordination (EU Withdrawal) Bill - report stage (day 2)
Tuesday 6th
Oral questions Next meeting and agenda of the UK Government-Northern Ireland Executive Joint Board
Legislation Trade Bill - committee stage (day three) 2:30pm
Wednesday 7th
European Union Committee - Oral evidence - Progress of UK-EU future relationship negotiations (at 2:00 pm) Michael Gove and Lord Frost. Location: Virtual meeting
Thursday 8th
Legislation Trade Bill - committee stage (day four) 2:30pm
In Events
The EU Settlement Scheme across the UK: challenges ahead
When: 15:00 to 16:00 Tuesday 27th October
Where: Online
The Brexit Civil Society Alliance are bringing together political and civil society representatives from across the UK to discuss challenges with the EU Settlement Scheme, particularly in the context of devolution.
Speakers confirmed: Bethan Bateman (Welsh Government), Hayley Morgan (TGP Cymru), Noelia Martinez (Citizens' Rights Project), Una Boyd (Committee on the Administration of Justice): Further information to follow.
In this event our speakers will explore problems with the scheme, different experiences and issues across the four parts of the UK, and what challenges and opportunities lie ahead. After a panel discussion we will open the floor to questions from the audience.
Recommended Reading
Listen to our podcast on the barriers facing EU citizens in applying for their settled status. Click here or search "This Is Important." in your favourite podcast app.
House of Commons Library - Internal Market Bill: reactions from Scottish and Welsh Governments
New Report from the Welsh Parliament on the constitutional implications of the UK Internal Market Bill, available here