Brexit, British Government, Brussels, GDPR, Labour Law, Michel Barnier, Theresa May

The @GovUk #Brexit White Paper: More Questions than Answers

This blogpost was written on Friday, July 13th, 2018 

WHIf it worked once it will work again. That seems to be Theresa May’s approach to the Brexit negotiations, judging by the White Paper The Future Relationship Between The UK And The EU, published on Thursday. Back in 2012 when she was Home Secretary, using protocol 36 of the Lisbon Treaty, May opted-out en bloc from all the police and criminal justice measures adopted under the Maastricht Treaty before the EU court of justice in Luxembourg took over jurisdiction of them under Lisbon.

She then proceeded to opt back in to all of the measures she liked but was able to claim, to assuage die-hard anti-European Court Tory backbenchers, that she had opted-out.

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Article 50, Brexit, Single Market, Theresa May

No “hokey-cokey” #Brexit… there is only one #SingleMarket

ChequersAs I write, Friday morning, July 6th, the UK’s faction-ridden cabinet is gathering at Chequers, the Prime Minister’s country residence (Pic), to try to finally trash out an agreed UK proposal to the EU over the direction of travel of the future trading and economic relationship between the UK and the EU after Brexit.

What the prime minister wants the cabinet to endorse appears to be a package of customs union and single market membership for goods, but not for services. The EU has already clearly signalled that it will reject any such proposal.

The clue is in the word “single”, as Chris Grey explains in this blog post: here. Let’s go further than Chris. How would you decide which companies fall within the definition of “goods” and which within “services”?

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Article 50, Brexit, British Government, Theresa May

#Brexit Will Not End Well… or…Brits need to realise: the #EU is just not that into you

This blog was written on June 12th 2018

Lemass DeGaulle
Lemass with De Gaulle in 1962

In the blizzard of policy statements, position papers, press conferences and parliamentary debates it is crucial to keep one fact in mind: the UK is leaving the EU on March 29th, 2019, unless the UK parliament votes to withdraw the Article 50 notice. Given the views expressed by the Conservative government and the opposition Labour Party this seems unlikely to happen. But never say never.

 

As matters stand, on March 29th, 2019, the UK will become a “third country”, outside of the EU institutions and legal framework. That there may be a transition period until the end of December 2020, with the UK de facto following all EU laws but without a voice in the EU governance structures, does not change the fact that on March 30th, 2019, the UK will have left the EU. Everything else is nothing more than dealing with the consequences of that exit. Damage limitation at best.

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Article 50, Brexit, David Davis, France, Parody

‘Le Journal Français’ of a beleaguered, blow-in, brexiteer Lord – – a #Brexit Parody

This parody blogpost was written on June 4th 2018

France, picturesque city hall of BeynacLast week it emerged that Lord Lawson, who chaired the Vote leave campaign, has applied for a residency permit in France to allow him to continue to live there after Brexit.

We have received, anonymously, the following pages from the diary of another British Lord who also lives in France. We publish them in the hope of offering an insight into the many problems facing these latter day, beleaguered Brexit migrants.

Sunday:

Had lunch at our local restaurant, La Folie des Anglais. The chefs, Michael and Sabine, had prepared a special menu in my honour which they called Brexit: A la Recherche du Temps Perdu. Michael explains that it is nouvelle cuisine, but with a traditionalist twist.

Starters were a choice between Paté A Les Kippers or Consommé David Davis.

I had the pate. It promised a lot but really delivered little. Quite a disappointment. Madame had the Consommé David Davis. It looked appealing but turned out to be thin and lacking substance. All froth and no broth. Chef apologised, said he had used a new, untested technology to make it. Probably needed a few more years’ work for it to all come together. At least twenty, I snorted. Still, I could see how it could tempt those who pretend to understand food but really don’t.

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Brexit, Data Protection, Data transfers, GDPR, Michel Barnier

BEERG #Brexit Blog: A Data Special:- @MichelBarnier highlights #data as a critical issue

This BEERG Brexit Blog is a special issue looking at critical data issues that have been recently highlighted, but which were also forecast here many months ago:

BarnierSpeaking at the 28th Congress of the International Federation for European Law (FIDE) in Lisbon last weekend, the EU’s chief negotiator Michel Barnier devoted a considerable section of his Lisbon speech to the impact of Brexit on data transfers between the EU and UK post Brexit, saying: “the UK must understand that the only possibility for the EU to protect personal data is through an adequacy decision”.

Here is that portion of M. Barnier’s speech – the BEERG analysis appears after it.

“The United Kingdom wants to leave. That is its decision. Not ours. And that has consequences. Allow me to give an example. The General Data Protection Regulation – GDPR – came into force yesterday. According to the United Kingdom’s position first presented – and published – this week on data protection:

The United Kingdom would like its supervisor to remain on the European Data Protection Board, created by the GDPR.

It wants to remain in the one-stop-shop.

It believes that this is in the interest of EU businesses.

But let’s be clear: Brexit is not, and never will be, in the interest of EU businesses. And it will especially run counter to the interests of our businesses if we abandon our decision-making autonomy. This autonomy allows us to set standards for the whole of the EU, but also to see these standards being replicated around the world. Continue reading

Brexit, David Davis, Michel Barnier, Negotiating

On #Brexit there are the Crashers, the Cavers and the Light Remainers

This blogpost was written on May 27th 2018.

david-cameron-eu-referendum-390x285This week the Brexit negotiations resumed in Brussels with the UK presenting a series of papers, or rather PowerPoints, on issues ranging from future economic relationships between the two sides, through security cooperation to data protection and data flows.

On data protection, an issue with which we are very familiar, the UK’s pitch can best be summed up as:

Can we all pretend, and act, as if the UK has not left the EU?

Can we have exactly the same arrangement on data flows as we have now?

After Brexit, we won’t really be a third country, you know, not really, so can our data protection person still turn up at meetings of the European Data Protection Board?

But, of course, we will be outside the jurisdiction of the European Court and so we will need our own procedures to resolve disputes.

The only surprise is that the presentation did not end with that much used advert punchline: “…because we’re worth it”.

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Brexit, British Government, Conservative Party, Negotiating, Northern Ireland

Dick Barton Word Games Don’t Work on #Brexit

This blog was written on May 21 2018

dick-barton1Between 1946 and 1951, BBC radio aired a popular thriller, Dick Barton – Special Agent. The serial followed the adventures of ex-Commando Captain Richard Barton who, with his mates Jock Anderson and Snowy White, solved all sorts of crimes, escaped from dangerous situations, and saved Britain from disaster time and again.

It gave rise to a popular catchphrase of the late 1940s “With one bound Dick was free!” No matter how dangerous the cliffhanging situation Dick found himself in at the end of each episode, he would always escape by the easiest and most completely implausible method, ready to face danger yet again.

It seems that the UK government believes that it has found a “Dick Barton” escape from the troubles by which it is beset on all sides by Brexit.

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