Brexit round-up – 31/05/19
31st May, 2019
Welcome to this, our latest Brexit round-up. Each week we provide a succinct round-up of the latest news surrounding the Brexit process, so you can keep abreast of the issues which are likely to affect your organisation.
European Commission’s position on Withdrawal Agreement unchanged following Prime Minister’s resignation
Following Theresa May’s announcement last week that she intends to resign on 7 June, the EU have confirmed that their stance on the Brexit Withdrawal Agreement will not change and that they are still working on the assumption that Brexit happens on 31 October. European Commission spokeswoman Mina Andreeva said “Indeed, we have set out our position on the Withdrawal Agreement on the Political Declaration, the European Council in Article 50 format has set out its position and we remain available for anyone else who will be the new prime minister” and further noted “our continued preference, as expressed by the president, is an orderly withdrawal on the basis of the Withdrawal Agreement that has been negotiated with the U.K.”
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Withdrawal Agreement is UK’s ‘only option’ for a deal
The European Commission’s chief Brexit negotiator Michel Barnier has issued a message to Theresa May’s successor that in order to leave the EU with a deal the current Brexit Withdrawal Agreement is their only option. He said “If the choice is to leave without a deal — fine. If the choice is to stay in the EU — also fine. But if the choice is still to leave the EU in an orderly manner, this treaty is the only option.”
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Referendum may be required to beak Brexit deadlock
Chancellor Philip Hammond has said that either a referendum or an election may be necessary to resolve the issues with Brexit with MPs unable to come to an agreement. He said “My strong preference is for Parliament to resolve this but if Parliament can’t resolve it, then Parliament will have to decide how we remit it back to the people, whether it is in the form of a general election, or a referendum.” However, he said in relation to a general election that “I am not sure that a general election can resolve the question for the simple reason that both the main political parties are divided on the issue.”
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FCA extends Temporary Permission Regime deadline
The Financial Conduct Authority (FCA) has announced that it has extended its deadline for notifications for the temporary permissions regime until 30 October 2019 which will allow EEA-based firms passporting into the UK to continue new and existing regulated business until they have full FCA authorisation. Nausicaa Delfas, Executive Director of International at the Financial Conduct Authority said “The FCA continues to plan for all Brexit scenarios, which includes a no-deal Brexit. Extending the deadline for firms to notify the FCA they want to enter the TPR is part of this ongoing work. It is important that firms also continue to plan for all scenarios, including the possibility of a no-deal Brexit at the end of October 2019.”
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Government warned against another Windrush scandal
Under the Government’s EU settlement scheme, EU citizens in the UK before Brexit can apply for settled status which will allow them to continue to live and work in the UK following Brexit however, the system has been criticised for being slow and bureaucratic and some EU citizens are at risk of being left out. Chairwoman of The Commons Home Affairs Committee Yvette Cooper said “The problems faced by the Windrush generation showed how easily individuals can fall through gaps in the system through no fault of their own and how easily lives can be destroyed if the Government gets this wrong.” A spokesman for The Home Office disagreed stating the scheme was “performing well with more than 600,000 applications received by the end of April and hundreds of thousands of people already being granted status.”
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European Circuit authorities outline post Brexit legal challenges
23rd May saw the #Europeancircuit seminar in Manchester. Abigail Holt, Barrister and expert in European law, has provided a summary of the event.
To read the article in full, please click here.
If you have any questions about any of the issues which are raised, or would like to discuss your own organisation’s options in the lead-up to Brexit, please do not hesitate to get in touch.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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