In its paper of 13 March 2017 on “The Rights of EU Nationals in the UK Post-Brexit”, Migration Watch UK has put forward a range of proposals aimed at clarifying – and limiting – the rights of EU nationals in the UK in the context of Brexit. These proposals are illegal under EU law and the UK Government must ignore them in their process of shaping the UK’s migration policy towards EU nationals as a result of Brexit. This post summarises these proposals and details the reasons why they are illegal under EU law.
The proposals of the Migration Watch UK paper focus on two main categories of EU nationals: first, those that are residing in the UK at the time of triggering Article 50 Treaty of the European Union (TEU) but will not qualify for permanent residence at the time of Brexit (which the paper assumes to be March 2019) (category (a)). Second, those that will continue to arrive to the UK between the moment in which Article 50 TEU is triggered and the moment when Brexit becomes legally effective (category (b)). Even if the paper is not very clear about it, the proposals would also affect the rights of European Economic Area (EEA) nationals, as well as those of individuals whose residence and work rights derive from those of an EU/EEA national. For simplicity, though, I will stick to the use of the expression “EU nationals” to cover all of them. Continue reading →
Sue Cohen, Research Associate in Bristol Law School
Much of the debate in the UK, pre and post the referendum, has been on the single market and freedom of movement. Gender has been all but cleansed from the Brexit political and media discourse, with barely a mention of investment in women’s equality, the social infrastructure and the institutions that might guarantee progressive gains from gender mainstreaming.
The EU Parliament’s Committee on Women’s Rights is a significant institution in this respect, and one we will lose upon Brexit. The Committee helps to process legislation on equal treatment adopted by EU institutions, invites transnational lobbying on women’s issues, and investigates particular issues and concerns that affect women. It does this through commissioning research and reports that further gender mainstreaming in the funding programmes of the European Commission. (1)
Critically, the UK, has no comparable influential institution. The Women and Equalities Committee is a new select committee and its influence is not embedded in the decision-making structures and funding mechanisms across government. The Women’s Commission was closed down by the Coalition Government, whilst the influence of the Equality and Human Rights Commission (EHRC) has been eroded over time, with significant cuts in staff and funding and thus significant limitations on its ability to deliver strategic change. Continue reading →
Virtually unknown a few years ago, the terms “post-fact” and “post-truth” have exploded onto the media scene in 2016, with thousands of articles around the globe expressing concern over the absence of a shared body of facts and evidence in public and political debate. This concern is buttressed by evidence that the public is misinformed about a range of issues, from vaccinations to climate change and the fabled Weapons of Mass Destruction in Iraq.
Politicians have always sought refuge in fantasy or subterfuge when confronted by uncomfortable facts. So why the sudden concern with the emergence of “post-truth” politics? Two factors can be identified that confirm that the landscape of public discourse has changed: first, the brazenness with which some politicians have unshackled themselves from the constraints of evidence and reality, and second, the public’s acquiescence with this flight into fantasy land. Continue reading →
Dr Sean Fox, Lecturer in Urban Geography and Global Development, University of Bristol
The distribution of political rights in the UK undermines the assumption of equality that underpins democratic practice, writes Sean Fox. He makes the case for extending voting rights to all legal immigrants living in the UK – whose lives are affected by government decisions as much as those who, by virtue of their citizenship, get to have a say in elections.
The vote to leave the EU was fundamentally undemocratic. Theresa May’s clear determination to plough ahead with Brexit therefore compounds an act of injustice that reveals a basic flaw at the heart of Britain’s electoral system. If this seems a provocative opening salvo for a radical cosmopolitan polemic, you may be surprised by the current distribution of voting rights in the UK.
Tessa Coombes – PhD student in Social Policy, University of Bristol
Last Thursday saw the launch of the Bristol City Office, an idea that has been six years in the making. It’s an idea that seeks to address some of the challenges faced by the public sector, with ever decreasing budgets and reducing powers. It’s about partnership and collaborative governance, bringing organisations, individuals and budgets together to tackle the issues that we have failed to tackle before, where collaboration and joint working are essential, alongside the willingness to be creative and innovative. But why will this approach work when other attempts have failed and how is this different?
Sarah Childs, Professor of Politics and Gender, School of Sociology, Politics and International Studies, University of Bristol
At home: In Westminster, Theresa May – the UK’s second woman Prime Minister – and in Holyrood, Nicola Sturgeon – Scotland’s first woman First Minister – opposed by the Tories’ Ruth Davidson, and Labour’s Kezia Dugdale.
Abroad: Angela Merkel, of course, and maybe soon President, Hilary Clinton.
The media seemingly don’t quite know what to do with ‘all’ these women in politics. Gender and politics scholars are finding themselves in great demand. There are, predictably, numerous articles in the newspapers about what the women are wearing, and how they do their hair.
Dr Jo Rose, Senior Lecturer in Education, Bristol University
There are many bright young people who come from disadvantaged family or school contexts where university attendance is not the norm.
As part of the High-Potential Learners Project, we investigated how these young people could be supported in making decisions about university. In particular, we wanted to know how to encourage high-achieving young people to consider the highly-selective, research-intensive, Russell Group universities as an option.
Over a period of two years, we worked with a group of 44 sixth-form students from schools across Bristol, to understand how and why they made decisions about university. We also analysed a large-scale, nationally-representative dataset of 2290 high-attaining learners who had turned 18 in 2009/10.
Our project found that school context was highly important with regards to subsequent university attendance, and identified some of the ways in which schools and universities can work together to support students’ decision-making.
Denny Pencheva, PhD researcher in Politics; Teaching Assistant in Politics, SPAIS, University of Bristol
In light of the EU referendum result, a lot has been said and written on why Britain voted to leave. From my own point of view, as an Eastern European migrant and an aspiring academic, the Leave victory was not so much a surprise, but rather a long-feared reality. Just to be clear, it is not that a sensible case for an EU exit could not have been made, it is that it was not made.
When I came to Britain I knew I was not in continental Europe, but I knew I was in the EU. And this offered some consolation in terms of guaranteeing the so-called acquired rights, given the numerous legal opt-outs Britain has within the EU, including on issues of immigration.
In light of my research around issues of asylum and migration, EU border control policies and more (see base of blog for detail), I want to examine how British mainstream media played a role in framing the main debates ahead of the EU referendum campaign and ask, what are the policy and real-life implications for British and EU citizens?
Tariq Modood, Professor of Sociology, Politics and Public Policy, University of Bristol
The Brexit referendum result was a shock. Especially surprising – given that the whole exercise was as a result of the divisions within the Conservative Party – was the fact that about 30% of those who voted Labour in 2015 voted Leave. It is clear that the Leave vote disproportionately consisted of those without a degree and over the age of 45. Equally over-represented in the Leave vote in England were those who say they are more English than British or only English and not British.
There is some reason to suppose that this new and rising English nationalism is anti-immigration, and even worse – given that England is a highly diverse country – anti-multiculturalist. While it is worrying that the Brexit result seems to have led to an uptick in racial abuse and harassment, there is no reason to suppose that English nationalism and multiculturalism must be opposed to each other.
To many, multiculturalism as a political idea in Britain suffered a body blow in 2001. In the shock of 9/11 terrorism and after race riots in some northern English towns, many forecastthat its days were numbered. If these blows were not fatal, multiculturalism was then surely believed to have been killed off by the 7/7 attacks in London in 2005 and the terrorism and hawkish response to it that followed. But this is far too simplistic.
And today, a multicultural identity among some ethnic minorities could help to create more of a sense of “British identity” among the English.
Dr Hugh Pemberton Reader in Contemporary British History, University of Bristol, Department of History
What have we learned in the days since Britain voted to leave the EU by a margin of 3.8 percentage points?
The UK has jettisoned its foreign policy of 55 years, the political class is paralysed, and the country is in dangerous economic waters. This is a political failure on a scale unprecedented in modern British history which calls into question fundamental features of our political system.
First, it is clear nobody has the slightest idea how Brexit (either ‘hard’ or ‘soft’) is to be accomplished. Those campaigning for a Leave vote had no plan for how it might be achieved in a way that would not impose lasting damage on the country by crimping exports to countries that represent 45% of our overseas trade. Astonishingly, no serious contingency planning had been done within Whitehall, which consequently, is having radically to reorientate itself and try to find people with the necessary skills.
Second, many of the dire predictions of ‘project truth’ were right. The pound is at a low not seen for 31 years – not a bad thing for exporters but a significant loss for international investors in our economy, and in our government’s debt, that may ultimately have consequences for their confidence in us. There are serious concerns that the widespread economic uncertainty is leading a downturn in business investment, not least in the all-important service and construction sectors, and to large scale cancellation of investment, creating the conditions for recession. Many large firms (e.g. HSBC) are already implementing plans to redeploy parts of their business and workforce to the Continent. As the Bank of England has warned, Brexit is ‘crystallising’ very serious economic risks as well as posing a major foreign policy challenge.