Brexit, British Government, Employment law, NI Protocol, Northern Ireland

Could proposed EU Gender Pay Transparency Directive apply in Northern Ireland because of the N.I. Protocol? – and, if so, how can that be done?

Gender-Pay-Gap-in-the-Events-Industry (1)Over the past week I have been organising a webinar for BEERG members on the proposed EU Directive on gender pay transparency.  The proposed Directive aims

“…to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms”.                                                  (See the EU proposal here

While writing the webinar announcement, I noted that:

“this would be the first EU employment law Directive that, once adopted, would not apply to post-Brexit Britain.”

As I wrote this sentence a thought occurred to me: Is this entirely true? From this thought sprung two important questions:

  1. Could the new Directive apply in Northern Ireland because of the Protocol?
  2. And, if so, how could that be done?

Now, let me say straightaway that I have no idea what the answers to these two questions might be. And, I am fairly certain, nor does anyone else. That’s because we have never been here before.

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adequacy, Brexit, British Government, Data Protection, Data transfers

The UK’s Data Dilemma

dmcs

In a speech delivered last week, John Whittingdale MP, the United Kingdom’s Minister of State for Media and Data, told a conference of Privacy Laws & Business that he welcomed:

 … the European Commission’s February publication of draft data adequacy decisions for the UK, which rightly reflect our high data protection standards and paves the way for their formal approval.

The draft decisions will now be shared with the European Data Protection Board for a non-binding opinion and the European Parliament before being presented to Member States for formal approval. I urge the EU to fulfil its commitment in the agreed declaration and complete the process promptly.

Whittingdale’s comments came at the end of a speech in which he talked about the UK’s plans to use data to drive economic development. He also talked about the UK’s plans to expand the list of countries to which the UK will grant a “data adequacy” decision, which means that personal data can be seamlessly transferred to such countries from the UK.

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Boris Johnson, Brexit, British Government, Negotiating

An analysis of how Brexit is going… 2 months in

 

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Cartoon via Martin Shovel

Brexit will never be done.

Because it can never be done. Not for as long as the UK sits 50km off the European mainland and does 50% of its business with Europe. Not when the island of Ireland sits behind it – and the north east corner of that island is contested political ground.

Brexiteers may wish the UK was in the middle of the Pacific, as far away from Europe as possible, but that is not going to happen any time soon. Actually, it is never going to happen.

Brexit, for the Brexiteers, is a labour of Sisyphus. Just when they think they have pushed the boulder of absolute sovereignty to the top of the hill it rolls back again to the bottom requiring yet another heave to get Brexit over the line.

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Brexit, British Government, Customs Union, Single Market

The “Brexit of Small Things” is here… to stay

EU non EU

January 31. A full month into full Brexit. The UK is now completely out of the EU, out of its political, economic, and commercial structures. In Brussels jargon, it is a “third country”. Freedom of movement between the EU and the UK is now a thing of the past. New border barriers are in place, or soon will be. People, goods, service, and data now need permissions to cross this new border.

The new border barriers have come as a shock to many in the UK who seemed to think that a “free trade agreement” between the EU and the UK would leave things much as they were before. When you have spent much of your adult life living in the open European space that the EU has created through a mesh of agreements between its member states you can easily come to assume that this open space is the natural order of things. Except that it is not.

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Boris Johnson, Brexit, British Government, Brussels, Data Protection, Negotiating

#Brexit and the story of Paddy’s Two Rules

pint and ham

It was back in 1972. I had joined the Workers Union of Ireland, now part of SIPTU, as a trainee official. Full of naïve, student radicalism. Impatient to change the world.

I was assigned to learn my trade with an old-time official named Paddy.

Paddy was had risen through the union ranks from a shop-floor worker, to shop-steward, to full-time official. He was no intellectual, but he was full of what we would nowadays call “street-smarts”. An old-fashioned, working class union official whose heroes were Larkin, Connolly, and Bevan. Marx and Lenin didn’t come into it.

At the time, Paddy was in discussions about the renewal of a two-year agreement with a major food company. I was the junior bag carrier.

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Boris Johnson, Brexit, British Government, Conservative Party, Customs Union, Irish border, Negotiating, Northern Ireland, Single Market

International Law… what’s that, says the dead cat

Boris deadcat.png

Last week was some Brexit week, a week in which the UK government introduced legislation, the internal market bill, which a government minister admitted in the Commons would break international law, but only in a “specific and limited way”.

The minister, the Secretary of State for Northern Ireland, Brandon Lewis MP, was talking about the powers the government proposed to take which would allow them to override provisions in the Withdrawal Act signed with the EU in 2019 when it comes to the movement of goods between Great Britain and Northern Ireland. The UK, according to the minister, was deliberately and consciously going to break an international treaty that it had only recently signed.

The international treaty, the Withdrawal Agreement, provides that Northern Ireland, a part of the United Kingdom, will remain in the EU’s customs union and single market for goods to avoid rebuilding a hard border on the island of Ireland between Northern Ireland and Ireland, a continuing member of the EU.

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Boris Johnson, Brexit, British Government, Customs Union, Data Protection, Data transfers, Michel Barnier, Negotiating, Single Market, Trade Deals

A “No-Deal” Brexit looms ever closer

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On January 1, 2021, whether there is a deal between the UK and the EU on future trading relations or not, significant new barriers to doing business between the UK and the EU will come into existence. There is no possible agreement between the UK and the EU that can eliminate these new barriers and borders because of the UK’s decision to leave the EU’s single market and customs unions.

At best, an agreement will provide for tariff free and quota free trade in goods between the two. But such an agreement would not eliminate the need for paperwork and customs checks, to certify such things as “rules of origin” – where the goods in question, and the components in them, were actually made. Indeed, it has been estimated that UK business will need to recruit at least 50,000 customs agents just to handle the additional paperwork involved in the export of goods.

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Boris Johnson, Brexit, British Government, Data transfers, Michel Barnier

Brexit No Deal still looks likely

Screenshot (114)

A week or so ago, I came across this tweet from Simon Fraser, whose Twitter profile says: “Managing Partner Flint Global. Vice Chair Chatham House. Was Perm Sec UK Foreign Office & Business Dept & Chief of Staff EU Trade Commissioner.” A person, therefore, of some considerable substance and experience.

A good moment, after downbeat official comment on the latest #Brexit talks, to remind ourselves just how extraordinary a failure of successive governments it will be if UK leaves EU after four and a half years of negotiation with no agreement on the future relationship.

Which prompts the question: was an agreement ever possible? Or was Brexit always framed in such a way that for Brexiteers “no deal” was always the only “true Brexit”?

But before seeking to answer this question, let’s look at where we are now, following another couple of weeks of inconclusive talks between the EU and the UK. To put it as its simplest, the July intensive rounds of talks, triggered by Boris Johnson’s demand to “put a tiger in the tank, turned out to be little more than dinner in Brussels one week, in London the next.

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Brexit, British Government, Michel Barnier, Negotiating

A tale of two speeches by Gove and Frost

speeches

The sting was in the tail. It was the last few paragraphs that really told the story. You couldn’t mistake what the story was. And it is still the story today. It is a never-ending story.

British Brexiteers will never rest content until the EU collapses. Which is why an agreement between the EU and the UK is close to impossible. How do you cut a deal with people who believe your very existence is illegitimate and would happily see you implode?

In 2016, some months before the Brexit referendum, Michael Gove then, as now, a UK cabinet minister made a speech  setting out the case for Brexit. The speech was called:  The facts of life say leave, but most people better remember it for one of its key lines “The day after we vote to leave we hold all the cards and we can choose the path we want.

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Brexit, British Government, Michel Barnier, Negotiating, Single Market

Fog in the English Channel. Continent Cut Off

 This analysis of recent developments was written and posted on Monday, May 18th, 2020

Belgium EU Britain Brexit
EU’s chief Brexit negotiator Michel Barnier (Francois Lenoir, Pool Photo via AP)

Fog in the English Channel, Continent Cut Off” may or may not be an actual UK newspaper headline, but could easily sum up the remarks of the UK’s Brexit negotiator, David Frost, last Friday after another round of discussions between the EU and the UK.

“We made very little progress towards agreement on the most significant outstanding issues between us,” Frost said, adding it was “…hard to understand why the EU insists on an ideological approach which makes it more difficult to reach a mutually beneficial agreement”. Frost’s comments were repeated on a Sunday TV show by Cabinet Office Minister Michael Gove who said “…there’s a philosophical difference” in the UK-EU negotiations

In reply, the EU’s chief negotiator, Michael Barnier, commented:

“This makes me believe that there is still a real lack of understanding in the United Kingdom about the objective, and sometimes mechanical, consequences of the British choice to leave the Single Market and the Customs Union.”

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