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The view from outside – the week in review 4 – 10 February 2019

Matrix’s Legal Support Service will provide The view from outside, a weekly look at the UK’s relationship with the outside world.

By Legal Support Service · On February 11, 2019

UK in Strasbourg

On the UK Constitutional Law Association Blog, Lewis Graham has discussed the case of R (Hallam) v Secretary of State for Justice [2019] UKSC 2, considering the circumstances under which the Supreme Court can depart from Strasbourg authority.

UK & other courts

The mother of a three-year-old girl has become the first person to be convicted of female genital mutilation in Britain.

Evaluation of UK’s international obligations

Amnesty International has discussed the case of the Stansted 15, who have been sentenced – avoiding jail – to community orders and suspended sentences.

UK’s post-Brexit relationship with the EU

Hard Brexiters have warned Theresa May that the only proposal they are likely to support to break the Brexit impasse is a version of the “Malthouse compromise”, which envisages removing the backstop from the draft EU exit treaty.

Labour MPs frustrated at the leadership’s ‘constructive ambiguity’ over Brexit are expected to air their concerns, amid renewed talk that some could quit to form a new centre party.

The Department for Transport has issued guidance on what all drivers from the UK may need to do to drive in the EU and EEA when the UK leaves the EU on 29 March 2019.

Theresa May has insisted she will deliver Brexit “on time” despite senior figures in the Cabinet admitting it could be delayed. She is also to pledge to deliver a Brexit that MPs and Northern Ireland can support.

Donald Tusk has warned of a ‘special place in hell’ for politicians who promoted Brexit ‘without even a sketch of a plan’, just 24 hours before his crunch meeting with Theresa May in Brussels.

In a boost to Theresa May, Arlene Foster has indicated that she is willing to be flexible in dealing with the issue of the Irish backstop. However, Theresa May then suggested she will stick to keeping the backstop in the deal.

Chris Grayling has argued that Brussels will be to blame if there is a no deal Brexit.

For the Institute for Government, Joe Owen has considered the four potential Brexit scenarios.

Donald Tusk caused outrage in Westminster when he stated that there is a ‘special place in hell’ for officials who backed Brexit without a plan to manage it. His team stated that he was just expressing frustration. Despite the clash this caused, the EU has agreed that talks will continue.

Jeremy Corbyn has offered Theresa May terms under which Labour would back the Brexit deal; the full text of his letter can be read here. However, a leaked report has found that not opposing Brexit could cost Labour 45 seats.

Theresa May is preparing to delay the second Commons vote on her Brexit deal until the end of the month as she races to secure changes from the EU. However, as the Government runs out of time before the 29 March departure date, ministers are set to delay passing up to five Brexit-related laws until after the UK has left the bloc.

The Guardian has reported that any last minute offer from Brussels on the Irish backstop is not expected to be put to MPs until late March, days before the UK is due to leave the EU.

Lord Kerslake, the former head of the civil service, has urged the Government to rule out a no-deal Brexit, saying ministers had the power to do so, to end the uncertainty that is gripping business and local government services.

In talks in Brussels, Donald Tusk told Theresa May that a fresh plan put forward by Jeremy Corbyn could break the Brexit impasse. The Prime Minister’s Office released a joint statement on the talks on behalf of Theresa May and President Juncker.

Nicky Morgan has argued that the Malthouse Compromise is the way through the Brexit impasse.

The Government has started to recruit civilians to work in an emergency command and control centre being set up to make sure Britain runs smoothly in the aftermath of a potential no-deal Brexit.

Up to 4,000 civil servants are being asked to abandon their day jobs to work on no-deal Brexit preparations under plans being rolled out across Whitehall. Meanwhile Andrew Adonis has highlighted that almost all non-Brexit business in the houses of Parliament has ceased.

Legal Support Service

Legal Support Service

The Legal Support Service provide research and paralegal support to Matrix members – whether by finding legal information (cases, legislation, articles, reports etc), producing bundles of authorities for court, or carrying out more substantial research. They also collate daily current awareness bulletins, covering Matrix’s major areas of practice, manage our intranet and extranets and administer the freelance research panel.




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