Fallout over Brexit far from being over

WE MAY have left the EU officially at the end of January, but achieving a clean break is not really yet in sight.

The phase two negotiations about the terms of our future relationship with what remains the world’s biggest trading bloc are due to start in March, and nothing said by either side could lead anyone to the conclusion that reaching an agreement will be easy.

Then, in what could potentially prove to be more than an interesting sideshow, a legal case is being prepared with a view to seeking a court ruling that UK citizens cannot be stripped of their right to freedom of movement.

Professor Joshua Silver, a Remain campaigner who collaborated with Plaid Cymru in the last Parliament on this issue, has received legal advice that neither the UK Government nor the EU itself can remove existing rights that have been conferred on them as citizens, even if the member state to which they belong has left the EU.

The advice was given by a lawyer who specialises in EU issues.

Similar advice from a different lawyer was also given to Plaid.

The point at issue is whether a political deal like the UK’s EU Withdrawal Agreement can override the existing rights of individuals.

Prof Silver’s advice is that it is for a court to make such a decision, not politicians – and that the right to freedom of movement, for example, was conferred on a permanent basis and cannot be removed without the consent of the individuals concerned.

The UK has around 66 million citizens, all of whom currently have the right to work in all the EU countries.

According to the UK Government, such a right will elapse at the end of 2020, which is when the UK’s transitional arrangements are due to end and whatever agreement reached with the EU is implemented.

Millions of UK citizens find it exasperating that they have been told their rights to live and work in the EU are going to be taken away from them. Many young people in particular believe it is grossly unfair that older people who voted to Leave the EU have robbed them of such rights.

At this stage it’s difficult to be sure how Prof Silver’s legal challenge will play out, but its progress will be worth following.

If he were to be successful, the implications for Brexit and the EU would be huge.