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Brexit round-up: 07/09/18

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.

House of Lords to consider the Trade position post-Brexit

Following its completion in the House of Commons, the Trade Bill is set to be introduced to the House of Lords on 11 September 2018 for its second reading. The Bill is intended to make some legislative changes needed to enable the UK to implement an independent trade policy once it has left the EU. For example, establishing a new independent UK body, the ‘Trade Remedies Authority’ to defend UK businesses against unfair trade practices. Moreover, to ensure the UK Government has the legal ability to gather and share trade information and create the necessary powers for the UK to facilitate appropriate transitional arrangements for trade agreements.

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Secretary of State provides an update on Brexit negotiations

In a statement to Parliament, the Secretary of State for Exiting the European Union, Dominic Raab, has confirmed, amongst other matters, that the Government has “injected some additional pace and intensity into the negotiations, as we reach the final stages.” He also confirmed that the vast majority of the Withdrawal Agreement has been agreed; yet continued work is required to negotiate the Northern Ireland backstop. In terms of the likelihood of a no-deal in March next year, Mr Raab is “confident that a deal is within our grasp” however, “the UK will be ready for Brexit – deal or no deal – and prepare, whatever the outcome, so this country will go from strength to strength.”

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Briefing paper examines proposals in the Government’s White Paper

The House of Commons has published a briefing paper looking into the proposals of the Government’s White Paper published on 12 July 2018, their reception in the UK and EU and any corresponding provisions in the Government’s ‘Alternative White Paper.’ In particular, it looks at the UK and EU’s Economic Partnership, the Irish Border, Security Partnership, Cross-cutting and other cooperation and institutional arrangements. Interestingly, it challenges the notion introduced by the Government’s proposals in the White Paper to “not give the Court of Justice of the European Union jurisdiction” and suggests that it is not clear whether the UK would be a “privileged litigant” in this regard.

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Ex-foreign secretary claims Brexit plans would hand the EU “victory”

Boris Johnson has commented that Theresa May’s Chequers Brexit plan is a “historic mistake” that will result in national “humiliation.” The comments are his first substantial intervention on Brexit since his resignation from the cabinet last month. However, Mrs May’s official spokesperson responded and said: “There are no new ideas in this article to respond to.” Furthermore, defending Mr Johnson’s remarks, former home secretary Amber Rudd, said the Chequers plan represented “the best shot we have of Brexit that is going to work for the UK.”

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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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