Is A Deal In The Oven?

Good afternoon,

This week talks over dinner between Boris Johnson and Ursula von der Leyen didn’t amount to much other than a new deadline for negotiations. This Sunday was picked as a deadline for a “firm decision”. Negotiations have been bubbling away for a long time now with the same three topics (fisheries, level playing field, and sovereignty) causing disagreements for both sides. We find out next week if a decision has been made.

Meanwhile, we have two excellent new podcast episodes out for you to listen to. A two part series about how ministers make law using delegated legislation, what the issues with this are, how it has affected the process of legislating for Brexit, and how you can campaign on it. We also look ahead to events in Parliament and as usual have recommended reading for your Friday.

Enjoy,
Jacob

In Politics

A New Deadline

  • New Brexit negotiation deadline of this Sunday to agree deal

  • Key three sticking points of fisheries, level playing field, and sovereignty

  • Little change to previous weeks

Will Boris Johnson have a deal on his plate on Sunday, the new deadline for negotiations, or will he be left with only scraps of winter veg? This week, once again, there is still no agreement between the EU and the UK. The can has yet again been kicked down the road, a new deadline of this Sunday has been set. Those of us who have been following the Brexit negotiations for a while would be forgiven for feeling like this is another groundhog day, with multiple “firm deadlines” passed.

There continues to be three key areas of disagreement between the two parties, which in essence are the following:

  • Fisheries - The UK wants to control its fishing waters and the EU wants access

  • The level playing field - The UK wants regulatory freedom to diverge on rights and standards whereas the EU is concerned that the UK is geographically close and therefore could undermine the EU market if it did. They therefore want the UK to sign up to the level playing field to maintain the current level of standards on government subsidies, workers rights and environmental regulations

  • Sovereignty - the UK wants to maximise sovereignty. The EU wants a dispute mechanism in place should either side deviate from the agreed deal (see the UK Internal Market Bill briefing here and podcast here) and the UK sees the proposed mechanism as encroaching on its sovereignty.

The big question among political commentators is whether Johnson will do as he did when agreeing the Withdrawal Agreement and agree to something at the last minute which he previously ruled out but while claiming it a victory or whether he will resist this and go for a No-Deal Brexit. As an aside, the Government has been using the term “Australian style” but this is the same as a No-Deal Brexit.

If a deal is agreed it could be rushed through Parliament very quickly. The Speaker of the Commons, Sir Lindsay Hoyle, has told Sky News that the planned recess, due to start on the 21st December, could be delayed. Even if recess is delayed, it would still mean that a deal that likely runs thousands of pages will receive little to no scrutiny. The Institute for Government has an explainer on how the Government could bypass usual mechanisms and rush it through.

As well as a distinct lack of scrutiny it also leaves businesses, civil society organisations, and individuals across the UK in the lurch. Only 12.5% of businesses are feeling ready and in June over 50 civil society organisations warned of the pressure to prepare for EU exit combined with handling Covid-19. Preparing for what comes after the end of the transition period is difficult but made even more so when it might not be until the very last minute that we know what the future relationship with the EU will look like.

We wait to see whether this deadline is a firm as claimed or if it becomes as soggy as a leftover yorkshire pudding.

In Policy

Ministers Making Law

  • Experts explain what delegated legislation is and why the current process lacks proper parliamentary scrutiny

  • How you can lobby on bits of delegated legislation

  • What has happened in Brexit and key lessons

Our latest episodes of This Is Important are out. This Is Important: Ministers Making Law is a two part series focused on the system of delegated legislation.

During the Brexit process, and most recently in the Coronavirus pandemic, Ministers have been making laws with extensive use of delegated legislation instead of the Government bringing primary legislation to Parliament. This has meant less scrutiny, poorly drafted regulations, and has excluded parliamentarians and civil society from the legislative process.

In episode one Ruth Fox, Hansard Society, explains what delegated legislation is and how the process works. A process that is confusing and difficult even for MPs to engage with. Alexandra Sinclair, Public Law Project, outlines the findings of her new report “Plus ca Change? Brexit and the flaws of the delegated legislation system” authored with Joe Tomlinson. Alexandra explains the use of delegated legislation throughout the Brexit process, and the concerning issues caused by this.

In episode two Kierra Box, Friends of the Earth, gives organisations advice to campaigning and engaging with pieces of delegated legislation based on her experience working on Brexit and the Environment Bill. Ruth and Alexandra return to explore what reforms are needed to the delegated legislation system and importantly how you can get involved.

Listen and subscribe to This Is Important in your favourite podcast app. You can find links to both episodes, and the platforms the podcast is on at the button below.

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In Parliament

Watch Commons and Lords debates and Committee sessions free on parliamentlive.tv

House of Commons

Monday 14th
Consideration of Lords message - United Kingdom Internal Market Bill - (if necessary)

Thursday 17th
Committee on the Future Relationship with the European Union - Oral evidence - Progress of the negotiations on the UK’s Future Relationship with the EU (1:30pm to 3:30pm) Location: The Boothroyd Room, Portcullis House

House of Lords

Monday 14th
Legislation - United Kingdom Internal Market Bill – consideration of Commons amendments

Tuesday 15th
Legislation - Trade Bill – report stage (day 2)

Wednesday 16th
Legislation - Taxation (Post-transition Period) Bill - Second reading and remaining stages

EU Environment Sub-Committee - Oral evidence - UK-EU agri-food trade (9:15am to 12:00pm) Location: Virtual Meeting (webcast)

Thursday 17th
European Union Committee - Oral evidence - Progress of UK-EU future relationship negotiations (4:00pm to 6:00pm) and at 4:45pm Michael Gove, Lord David Frost, Chief Negotiator of Task Force Europe, Cabinet Office. Location: Virtual Meeting

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