UK parliamentary committee warns on risks from leaving EU legal framework 

EPA/ANDY RAIN

UK parliamentary committee warns on risks from leaving EU legal framework 


Share on Facebook
Share on Twitter
Share on Google+
Share on LinkedIn
+

Parliament might have to scrutinise up to 15 new bills to deliver Brexit, leaving little time for other legislation.

This is an alarm signal coming from both the the Lords EU justice sub-committee and the Institute for Government (IFG), an independent think tank.
The IFG says legislation will be needed to establish new policies on areas such as customs and immigration. The Institute for Government said in a report called Legislating Brexit that the extra 15 measures would cover areas including immigration, agriculture and customs.

They would be in addition to the Great Repeal bill, which will end EU legal authority in the country by scrapping the 1972 European Communities Act.

The 18-page report says the task will leave little time for anything else, pointing out that the Queen’s Speech typically announces about 20 new bills.

Warnings about the hit the UK economy could suffer if the rights of EU workers are not protected after the country leaves the EU have also been issued by many high-profile business leaders.

Enforcing the return of children abducted during family breakdowns and resolving international business disputes within Europe are among the legal cases likely to become more difficult after Brexit, a parliamentary committee has warned.

Unless mutual recognition of judgments is renegotiated, the Lords EU justice sub-committee maintains, “there will be real hardship” for families and firms who could be subject to 27 separate, national sets of regulations across EU states.

The regime of reciprocal legal rules that operates within the EU cannot simply be reproduced through UK legislation such as the government’s “great repeal bill”, according to the committee’s report, “Brexit: justice for families, individuals and businesses?”. A new agreement with the EU or transitional arrangements will be required.

“It is clear that significant problems will arise for UK citizens and businesses,” the report says, “if the UK leaves the EU without agreement on the post-Brexit application of the [Brussels regulations, which support judicial reciprocity across].”

There will be an “inevitable increase” in cross-border litigation and a “loss of certainty and predictability” once the UK has left the Brussels regulations system, the committee fears. “To walk away from these regulations without putting alternatives in place would seriously undermine the family law rights of UK citizens and would, ultimately, be an act of self-harm.”

Evidence provided by the Law Society of England and Wales to the inquiry suggested that uncertainty over Brexit was already having an impact on the UK’s booming market for legal services and commercial litigation.

Examples of the type of difficulties that may emerge, given by the report, include the situation where a mother in a failed relationship with a British father flees to her native Poland with the child.

“Having failed to persuade the child’s mother to return the child, the father knows that he needs to go to court to get his daughter back,” but post-Brexit he may be confronted by a dilemma over which court to use, the report says.

In another future case, the committee suggests, a clothes manufacturer in Manchester who finds cotton ordered from a Greek firm to be sub-standard will have problems over where a claim over liability should be heard.

The government’s determination to withdraw from the jurisdiction of the European court of justice in Luxembourg, the EU’s highest court, will make the process of developing new cross-border agreements even harder, the committee warns.

Share on Facebook
Share on Twitter
Share on Google+
Share on LinkedIn
+