Government must ignore illegal proposals for a pre-Brexit cut-off point limiting the rights of EU nationals in the UK

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

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

Women’s rights gained under EU law must not be lost in Brexit

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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

“Buy Brexit”? Using “cultural fit” as evaluation criteria breaches EU and UK public procurement law

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

On March 1, 2017, The Guardian  reported that the UK’s Department for International Trade had tendered contracts where they expected that tech companies should have the right ‘cultural fit’ if they wanted to be hired. This was interpreted in the news report as a clear mechanism whereby “Firms bidding for government contracts [were] asked if they back Brexit“. It is indeed a worrying requirement due to the clear risk of unfettered discretion and ensuing discrimination that such ‘cultural fit’ requirement creates. In my opinion, the requirement runs contrary to both EU and UK public procurement rules (and this was later echoed by the follow-up coverage story by The Guardian as well: “Trade department may have broken EU rules with ‘pro-Brexit’ contract criteria”).

In this post, I develop the reasons for the assessment that such a ‘Buy Brexit’ requirement is illegal (which I previously published in my personal blog and the specialised EU Law Analysis blog). I will try to keep this post as jargon free as possible and limit the technical details of my legal assessment as much as possible. However, this is a rather technical area of economic law, so some technicalities will be unavoidable. Continue reading

“A food dystopia: Is Britain sleepwalking into a crisis?”

Back to the future?

Terry Marsden is Director of the Sustainable Places Research Institute, and Professor of Environmental Policy and Planning, Cardiff University.

Kevin Morgan is Professor of Government and Development, Cardiff University

The historical ability for the UK state to periodically create self-inflicted harm upon its own food system seems to be raising its head again as the country triggers Article 50 to remove itself from the European Union. We should remember that the repeal of the Corn Laws in the 1840s, opening up the UK to cheap food imports (based indeed on subsidised imperial preferences to its colonies), in exchange for colonial penetration of its financial and manufacturing interests and sectors, created the conditions for a long- running agricultural and rural depression in the UK, lasting well into the 1930s. That Imperial regime of ‘free trade’ created much harm to the British food system, its rural areas, and indeed shaped a dependent food diet based upon imports from colonies and other European nations (like Danish Bacon and Dutch eggs and pork). What is ironically labelled as the ‘full English’ breakfast up and down the land derives from the successful import penetration of its component parts from overseas. The decline in our food-based infrastructure was so bad that, by the onset of the 1st World War, Lloyd George had to go ‘cap in hand’ to the likes of Henry Ford to plead concessions on building his tractors on these shores in order to resolve food and rural labour shortages. Even by 1941 the national farm survey found the agricultural situation in a parlous state, even before the U-boat campaign further disrupted food supplies and led to a period of prolonged public food rationing until 1954. Continue reading

Trump, Brexit and a crisis of participation in universities

Tom Sperlinger is Reader in English Literature and Community Engagement at the University of Bristol.

A friend of mine recently posted a link on Facebook to a Wall Street Journal article, ‘Blue Feed, Red Feed’, which allows readers to pick a topic – Hillary Clinton, say, or abortion – and see how the ‘other’ side of Facebook is talking about it. My friend wrote:

I and everyone I know (well, nearly everyone) finds Trump utterly disgusting, but this isn’t necessarily a good thing. For others worried that we all (mostly) agree with each other, this is a useful side-by-side comparison of liberal and conservative Facebook.

I looked at the split screen on the topic of ‘guns’ and saw posts I recognised on the ‘blue’ side condemning Republican measures to reduce checks on those buying firearms. The ‘red’ side, meanwhile, included a link to a Federalist Papers website article criticising ‘leftists who don’t like guns’.

The divides that were exposed by Trump and Brexit are complex. Yet, in both votes, two sides emerged that were incomprehensible to each other and they split, above all, along levels of education. Continue reading

Industrial strategy: some lessons from the past

Dr Hugh Pemberton
Reader in Contemporary British History, University of Bristol, Department of History

Industrial strategy is back on the government’s agenda, with a promise to produce a ‘match fit’ economy that ‘works for everyone’ and is able to thrive after Brexit. As yet, however, there is little sign of the promised broadly-based and coherent industrial strategy emerging. In crafting it, explains Hugh Pemberton, its architects may profitably look back to the 1960s for some pointers.

For nearly a century, governments have tried to shape Britain’s industrial and commercial landscape. Yet, whilst they often wanted to raise industry’s efficiency and competitiveness, historically there was little consensus on how best to do it. And, whilst ‘industrial policy’ and ‘regional policy’ were often in evidence, the crafting of a broader ‘industrial strategy’ was a rarer event. Continue reading

Brexit: can research light the way?

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Cressida Auckland, a Parliamentary Office of Science and Technology (POST) Fellow

Cressida Auckland, a Parliamentary Office of Science and Technology (POST) Fellow

Chandy Nath, acting Director of the Parliamentary Office of Science and Technology (POST)

Chandy Nath, acting Director of the Parliamentary Office of Science and Technology (POST)

What could Brexit mean for UK science? What impact will it have on UK fisheries? Could Brexit be bad news for emissions reductions? These were just some questions discussed at a Parliamentary conference last week, organised by the Parliamentary Office of Science and Technology (POST), the Commons Library and Parliament’s Universities Outreach team.

MPs researchers, Parliamentary staff and academic researchers from across the country came together to consider some of the key policy areas affected by the UK’s decision to leave the EU.

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Miller: Why the Government should argue that Article 50 is reversible

Dr Phil Syrpis, Reader in Law, University of Bristol

Professor Phil Syrpis, Professor of EU Law, University of Bristol

Last week’s judgement in the High Court is a ringing endorsement of the sovereignty of Parliament. It asserts that ‘Parliament can, by enactment of primary legislation, change the law of the land in any way it chooses’ (at [20]).

It explains why the ‘subordination of the Crown (i.e. executive government) to law is the foundation of the rule of law in the United Kingdom’ (at [26]), including references to the bedrock of the UK’s Constitution, the Glorious Revolution, the Bill of Rights, and constitutional jurist AV Dicey’s An Introduction to the Law of the Constitution.

The Crown has broad powers on the international plane, for example to make and unmake treaties, but as a matter of English law, these powers reach their limits where domestic law rights are affected. EU law, by virtue of the European Communities Act 1972 (described again as a constitutional statute), does indeed have direct effect in domestic law. As a result of the fact that the decision to withdraw from the European Union would have a direct bearing on various

The Royal Courts of Justice in London, home of the Senior Courts of England and Wales. Credit- Anthony M. from Rome, Italy - Flickr

The Royal Courts of Justice in London, home of the Senior Courts of England and Wales. Credit- Anthony M. from Rome, Italy – Flickr

categories of rights outlined in the judgement (at [57]-[61]), the Crown cannot, without the approval of Parliament, give notice under Article 50.  Continue reading

Post-truth politics: Why do facts no longer matter to so many people?

Professor Stephan Lewandowsky, Chair in Cognitive Psychology, University of Bristol

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

Brexit: how did news media play a role?

 PhD researcher in Politics; Teaching Assistant in Politics, SPAIS, University of Bristol

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?

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