Brexit process is far from ‘settled’

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Lately it seems that every week is a big week for Brexit. The following seven days are likely to be no exception.

On Thursday, the Repeal Bill – the key legislative component allowing EU laws to be transferred into British law – will be unveiled. The stakes are high as the Prime Minister seeks to steer the Bill through Parliament whilst contending with calls from opposition parties for amendments to be made, protecting employment rights and environmental safeguards. Labour are also likely to table amendments to curb the so-called ‘Henry VIII powers’ that will allow the government to amend or discard EU laws without consulting Parliament.

Meanwhile, domestic calls for a softening, or even reversal, of Brexit refuse to go away. Sir Vince Cable, the sole candidate for the leadership of the Liberal Democrats, has suggested that Brexit may not happen at all if the economic situation deteriorates and public calls to remain in the EU grow louder. He also called for MPs from across the political spectrum to work together against a ‘hard’ Brexit.  Teresa May has responded by saying that she wants the broadest possible consensus on Brexit.

Away from the machinations and manoeuvrings of Westminster, many members of the European Parliament have expressed concerns that the Prime Minister’s offer of ‘settled status’ to EU citizens in the UK after Brexit is insufficient and may jeopardise a Brexit deal. Agreement on establishing rights for EU citizens resident in the UK and Britons in the EU has been placed at the top of the agenda for the Brexit negotiations being conducted in Brussels.

However, agreement that the issue is a priority does not necessarily equate to a straightforward resolution.

The 27 EU member states have jointly called for comprehensive safeguards to rights derived from EU law. The UK Government insists that its proposals will allow around three million EU citizens to apply to continue living in the UK with their current rights protected. These are not seen as being robust enough by some MEPs and merely equate to the same status that any other foreign national can gain after living in Britain for five years.

Under the proposals, EU citizens resident here for a minimum of five years can apply for ‘settled status’ and bring their spouses and children to the UK. Those granted ‘settled status’ will be able to work and access healthcare, education and benefits. For any EU citizens currently resident in the UK for less than five years, the right to remain and work here will be protected. Following a date yet to be specified, EU citizens wishing to live in the UK will be given permission to stay temporarily and ‘regularise’ their status but will no guarantee of being allowed to stay permanently.

The EU is due to give its official response to Britain’s EU citizens’ plan (wait for it…) this week. Early indications are that it will not be favourable. Member states are also concerned that the UK will be reluctant to allow the European Court of Justice to have final jurisdiction over enforcing any agreed rights.

Former Prime Minister Harold Wilson is famously quoted as saying that ‘a week is a long time in politics’. In Brexit-shaped politics, a week is beginning to seem like a lifetime.

Article published: 11th July 2017

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