Good afternoon,
Happy New Year! A trade deal between the EU and UK was agreed while we were all busy eating our Christmas dinner. In today’s E:Bulletin we look at some of the key parts you should be aware of. We have a new report about the case for embracing civil society in democracy coming out in January and we’d love to see you at our launch event (details below). As usual we have recommended reading for your Friday.
Enjoy,
Jacob
Brexit Deal
A trade deal between the EU and the UK has been agreed
The deal takes the UK out of the single market and the customs union
Rights and standards are poorly protected
There is now a deal agreed between the EU and the UK about the future relationship between the two. This has a wide range of implications for everyone. The immediate result is of course that both parties managed to avoid no deal, however this does not mean that there are no issues. In this edition of our E:Bulletin I will go through some of the relevant parts for you and your organisation.
The core part of the agreement is that the UK has left the single market and customs union but agreed to tariff-free and quota-free trade of goods. This means that neither the UK or the EU will apply tariffs (tax/duty) or quotas (limits on the number of goods) on goods.
As IPPR states in their initial analysis “this is a strikingly thin deal”. While it provides something more for goods, provisions for trade in services are thin. The deal does not prevent trade barriers. There will be a significant increase in red tape for many organisations importing and exporting. Rights and standards are at risk as the level playing field provisions in the deal has been weakened over the course of the negotiations. It is a deal but a slim one.
Labour and Environmental Rights
A non-regression clause on labour and environmental rights has been agreed. In theory, this prevents both the EU or the UK from weakening existing regulations and protections. However, in practice the dispute mechanism is stringent and difficult to trigger therefore rights could be reduced.
The agreed clause states that each side will not reduce rights and standards in a manner that “affecting trade or investment” between the two parties. This ultimately is incredibly difficult to prove and therefore difficult to prevent. Furthermore, should there be a dispute over this neither the EU or the UK has recourse to the standard dispute resolution, a different system has been agreed.
First, the two must try to resolve the issue through consultations with each other. Failing that the dispute will be escalated to a “panel of experts” (the process for selecting these is detailed in the deal and excludes officials working for the EU or UK) to create a report on the issue. If this is not acted on there could then be the chance of implementing sanctions on the offending party.
This process makes it first difficult to prove there is a case and secondly difficult to punish meaning that either side could reduce rights and standards with little repercussion.
Asylum rights
There is no replacement for the Dublin convention. As IPPR’s analysis notes, this makes it more difficult for the UK to return asylum seekers to EU countries and creates new barriers for asylum seekers looking to reunite with family in the UK.
Travel
Visa-free travel for short term tourist trips has been agreed to most EU countries. You can stay for up to 90 days in a 180 day period. Different rules exist for business including for example musicians touring.
For business visas and work permits might need to be arranged. Alongside this, there has been no agreement for mutual recognition of professional qualifications.
Civil Society
The agreement has provided for the establishment of a Civil Society Forum, stating that parties (the EU and UK) will consult with civil society on the implementation of the trade agreement.
As part of this, it recommends a forum that discusses Part 2 of the trade deal. Part 2 covers trade, transport, fisheries and other arrangements. This includes regulatory frameworks.
Specifics on the forum include that it should meet at least once a year, including virtually, and will be open to “independent civil society organisations”. It will also aim to have a “balanced representation” that includes non-governmental organisations, business and employers’ organisations, trade unions, and organisations active in economic, sustainable development, social, human rights, environmental, and other matters.
This is a positive development for civil society in the UK and we wait to see details of how the UK government will ensure that a broad range of voices are included. Our report “Seizing the Opportunity: The case for embracing civil society’s role in democracy” (launching later this month) shows how civil society organisations have faced several barriers to effective engagement with government, particularly in the Brexit process. The fact that the UK Government has committed to establishing a Civil Society Forum is therefore a welcome step to remove some of these barriers. You can find out more about this report at the launch. More information here.
The deal is 1200 pages long and covers a wide range of issues. It is however clear that this is both a thin deal and one focused primarily on enabling the UK to chart a course different to the EU when it comes to rights and standards, regulations, and cooperation.
In Parliament
Watch Commons and Lords debates and Committee sessions free on parliamentlive.tv
House of Commons
Monday 11th
Treasury Committee - Oral evidence - UK’s economic and trading relationship with the EU (3:00pm to 5:30pm) Location: Virtual meeting
Wednesday 13th
Legislation - Financial Services Bill: Remaining Stages
Northern Ireland Affairs Committee - Oral evidence - Cross-border co-operation on policing, security and criminal justice after Brexit (8:45am to 11:30am) Location: Virtual meeting
In Events
Brexit Civil Society Alliance Report Launch!
Seizing the Opportunity: The case for embracing civil society’s role in democracy
Thursday 21st January 2021
11:00 to 12:30
For too long decision making has lacked transparency, been too centralised, and failed to recognise and represent those who will be on the receiving end of Government policy.
This report comes at a time when it is vital for those in power to hear from those they are elected to serve. As the UK responds to the Covid-19 pandemic, creates it’s post-Brexit trade policy, and seeks to implement the levelling-up agenda, policies must be shaped around the needs and views of those they will impact. Outside of policy formation, attacks on judicial review, human rights, and the ability of civil society organisations to be politically active present a dangerous attack on democracy and must be reversed.
Our new report, aims to provide a way forward, setting out the structural and cultural shifts that are required to truly include the voices of civil society organisations in democratic and policy-making process.
Our launch event will be a chance to hear about the findings of the report and our recommendations for how government at local, devolved, and national levels can better engage with civil society organisations. We will also be hosting interactive breakout sessions, and hear from speakers that work in and champion the role of civil society.
Speakers to be confirmed.
TICKETS
Recommended Reading
“Debenhams closes online business in Ireland as 50 major UK retailers face EU tariffs” on ITV
“Marks and Spencers temporarily withdraws hundreds of items from sale in Northern Ireland due to Irish Sea border red tape” in News Letter
“Brexit deal puts workers’ rights on the line, union leaders warn” in The National