Confusion over the role of Euro judges
Jurisdiction of EU judges ‘could go on’ in transition
BREXIT: Theresa May’s pledge to “take back control” of UK laws from European courts has become mired in confusion after officials failed to rule out the possibility that jurisdiction could continue as part of transition.
THERESA MAY’S pledge to “take back control” of UK laws from European courts has become mired in confusion after officials failed to rule out the possibility that jurisdiction could continue as part of a transition deal.
Questions were raised about the Government’s position on the European Court of Justice after it emerged that officials have not ruled out the possibility of ongoing oversight by the courts while the details of the UK’s new relationship with the EU are ironed out.
It was also revealed that officials are considering alternative models for settling legal disputes after Brexit that could involve taking account of – or even being bound by – European Court of Justice rulings.
The plans appeared to appease some Eurosceptic MPs, but critics accused Mrs May of a bungled attempt to avoid a rebellion by hardline Brexiteers.
The latest round of Department for Exiting the EU position papers were released ahead of next week’s formal negotiations in Brussels. Officials will publish another paper today, setting out plans to continue the flow of personal data between EU and UK businesses and institutions in a “safe, properly regulated way”.
New EU regulations to toughen up data protections are due to come into force in 2018, including a requirement on organisations to demonstrate greater transparency and responsibility around data use.
Outlining the Government’s aims for future arrangements with the union, Digital Minister Matt Hancock said the goal is “to combine strong privacy rules with a relationship that allows flexibility”.
“A strong future data relationship between the UK and EU, based on aligned data protection rules, is in our mutual interest,” Mr Hancock said. “The UK is leading the way on modern data protection laws and we have worked closely with our EU partners to develop world-leading data protection standards.”
Wednesday’s position paper put forward proposals for mechanisms to settle any post-Brexit disagreements between the UK and the European Union, as well as identifying a separate means of enforcing the rights and obligations of individuals and businesses.
It reiterates the Government’s previous commitments to ending the “direct jurisdiction” of the ECJ when Britain leaves the union, and dismisses the idea that the court should be charged with ruling on disputes over any future agreements between the two parties – for example on trade – as “unprecedented”.
Mrs May repeated this commitment in an interview yesterday, when she said it was “absolutely clear” that when Britain leaves the European Union “we will be leaving the jurisdiction of the European Court of Justice”. But it was later confirmed that officials have not ruled out the possibility of submitting to the rulings of the ECJ after the March 2019 exit date as part of a transitional arrangement with the trading bloc. It is also understood that the alternative models of dispute resolution proposed by the UK– including a joint committee or arbitration panel – could be required to abide by European court judgements.
This led Labour and Lib Dem critics to repeat their accusations of a climbdown, with Lib Dem Brexit spokesman Tom Brake describing it as a “desperate attempt to hold together a divided Conservative Party.
Meanwhile, Mrs May says a deal to export Britain’s red double-decker buses to Mexico demonstrates the UK is a world-leading trading nation. She said a £1.7bn package of support has helped 137 firms win overseas contracts over the past year.
Mrs May was speaking in Guildford on a visit to bus firm Alexander Dennis, which has secured a £44m deal to sell doubledeckers to Mexico.