UK - EU financial settlement - a note

The UK-EU financial settlement, citizens' rights and the situation of Ireland are the key areas under discussion in the present round of Brexit negotiations.

In March 2017, the House of Lords EU Committee 15th Report for session 2016-17 "Brexit and the EU budget" examined the potential financial demands in Chapter 3 and the UK's legal obligations in Chapter 4. At para. 137 the report said - " ..., the political and economic consequences of the UK leaving the EU without responding to claims under the EU budget are likely to be profound.  If the UK wants a preferential trading relationship with the EU, including a transitional arrangement, the EU partners may well demand a financial contribution post-Brexit."

On 13th July, David Davis MP said to the House of Commons - "On the financial settlement, as set out in the Prime Minister’s letter to President Tusk, the Government have been clear that we will work with the EU to determine a fair settlement of the UK’s rights and obligations as a departing member state, in accordance with the law and in the spirit of our continuing partnership. The Government recognise that the UK has obligations to the EU, and the EU obligations to the UK, that will survive the UK’s withdrawal—and that these need to be resolved."  (Hansard - Statement).

Disclosure Survey ~ Interim results - Disturbing results emerge

How should the legal system deal with your case if YOU were charged with a criminal offence?  You would be certain to wish for a fair hearing within a reasonable time by "an independent and impartial tribunal."  The quoted words are from the European Convention on Human Rights and they reflect the position as it is established in the legal systems of the United Kingdom.

In England and Wales, that "independent and impartial tribunal" will often be the Magistrates' Court where around 90% of criminal cases are dealt with but it seems that all is far from well in those courts. 

Brexit - one year on

Here are two interesting presentations reflecting on Brexit a year after the referendum.

Vernon Bogdanor Lecture- Brexit: One year on (2017)

Professor Michael Dougan - Project fear to project reality

Both are on Youtube and are well worth listening to.  There is also the "Kingston Smith debate" held on 28th June 2017.

Brexit - Negotiations Round 3 ~ Government publishes further papers

The Department for Exiting the EU (DExEU) has published a programme for the Third Round of Brexit negotiations to be held in Brussels from 28th to 31st August 2017.  In addition, the DExEU has published papers dealing with various aspects of Brexit - Article 50 and Negotiations with the EU

  Papers on Future Customs Union and Northern Ireland were the subject of this previous post (18th August).

The EU side of the negotiations basically operates in accordance with the European Council (Art. 50) Guidelines issued on 29th April 2017 and other official documents – see LIBRARY below.  At this stage, the EU guidance requires their negotiators to focus on Citizen's Rights, Financial Settlement and the Situation of Ireland.  The UK side appears to be keen to move the talks into other areas though the financial settlement ("divorce bill") is likely to be a major sticking point - The Guardian 28th August.   This May 2017 post looked at the financial situation as it appeared at that time. 

Brexit ~ Government Papers

Brexit will place the UK outside the EU Customs Union and Internal Market both of which, under the EU Treaties, are key features of the EU's structure.  The Department for Exiting the EU has published a "future partnership paper" - Future Customs relationship with the EU

A "position paper" deals with Northern Ireland and Ireland and proposes no physical infrastructure at the border - Pledge to protect the Belfast Agreement and Common Travel Area

Law Society Report on the state of legal aid

Four years ago, the coalition government implemented the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Hundreds of thousands of people who were eligible for legal aid on 31 March 2013 became ineligible the very next day.   Four years on, the Law Society has conducted a review of the legal aid changes introduced under the act. This review concludes that:

1. Legal aid is no longer available for many of those who need it
2. Those eligible for legal aid find it hard to access it
3. Wide gaps in provision are not being addressed
4. LASPO has had a wider and detrimental impact on the state and society

The review includes 25 recommendations to government, focusing on issues including increasing children's access to legal aid, reintroducing legal aid for early advice, and improving Exceptional Case Funding and the legal aid means test.  The report is available via  Law Society 29th June 2017.

Disclosure ~ an on-going problem in criminal cases

The unhappy state of affairs regarding Disclosure is yet again highlighted by a survey being undertaken by the Criminal Law Solicitors Association (CLSA) - CLSA Disclosure Survey.

Disclosure problems appear to beset the criminal justice system - previous recent posts - Stories from the Criminal Courts (6th August) and 19th July 2017 - Making it fair - the crucial matter of disclosure in criminal cases