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International Committee and EU Law Committee
International Committee and EU Law Committee
‘Has anything become clearer about Brexit?’ was the opening question posed by Amanda Pinto QC, Chair of the Bar’s International Committee. The answer must be a qualified No, despite the best efforts of the distinguished panel.
Hugh Mercer, QC, Chair of the Bar Council Brexit Working Group quickly took us through key issues for the Bar. Barristers who are already in a legal establishment in an EU country (eg dual qualified) will be deemed resident and will be allowed to continue to practise there. Those who provide legal services in the EU ad hoc will be at the mercy of local rules unless something is agreed in the negotiations. Cooperation in civil and criminal law matters requires reciprocity and matters in dispute have always been adjudicated by the European Court. That cooperation will also end without an agreement.
Evanna Fruithof, Consultant Director, Bar Council Brussels Office, cast a sombre light on the prospects for the future. She explained that the EU approach to negotiations was well known long before the triggering of Art 50. The EU has thus been surprised at how unprepared the UK has been, and at our lack of clarity as to what the UK is actually seeking. With time running out the Commission is being realistic in preparing for eventualities.
Rhodri Williams QC of the Wales and Chester Circuit and Mercer highlighted three of the problems in the current withdrawal Bill: a potential ‘land grab’ by Westminster viz the devolved Assembly; the broad powers given to Ministers and how they can be challenged; and the basis on which judges can apply European Court judgments, with the knock-on problem of how barristers can advise their clients with any certainty.
Paul McGarry SC, Chairman of the Bar of Ireland and Liam McCallum QC Chairman of the Bar of Northern Ireland agreed about the effect of Brexit on the Good Friday Agreement. The cornerstone of the Agreement is free movement, a common travel area without a physical border, and that Northern Irish citizens are EU citizens. That is incompatible with a hard Brexit, which makes the border problem (omitted from the Prime Minister’s Florence speech) insoluble. As with so much else, the EU awaits this country’s clear proposals.
Delegates were given a conference app to vote on issues including ‘do you think there will be an ongoing role for the Court of Justice of the European Union after the Brexit date?’ (80% voted yes); and ‘will the concept of proportionality introduced into UK law survive Brexit?’
David practised at the criminal Bar for 27 years and is a door tenant at 18 Red Lion Court. Prior to his retirement, he was a consultant in the CPD department at City Law School and consultant editor of Counsel. David is a member of the Counsel Editorial Board.
‘Has anything become clearer about Brexit?’ was the opening question posed by Amanda Pinto QC, Chair of the Bar’s International Committee. The answer must be a qualified No, despite the best efforts of the distinguished panel.
Hugh Mercer, QC, Chair of the Bar Council Brexit Working Group quickly took us through key issues for the Bar. Barristers who are already in a legal establishment in an EU country (eg dual qualified) will be deemed resident and will be allowed to continue to practise there. Those who provide legal services in the EU ad hoc will be at the mercy of local rules unless something is agreed in the negotiations. Cooperation in civil and criminal law matters requires reciprocity and matters in dispute have always been adjudicated by the European Court. That cooperation will also end without an agreement.
Evanna Fruithof, Consultant Director, Bar Council Brussels Office, cast a sombre light on the prospects for the future. She explained that the EU approach to negotiations was well known long before the triggering of Art 50. The EU has thus been surprised at how unprepared the UK has been, and at our lack of clarity as to what the UK is actually seeking. With time running out the Commission is being realistic in preparing for eventualities.
Rhodri Williams QC of the Wales and Chester Circuit and Mercer highlighted three of the problems in the current withdrawal Bill: a potential ‘land grab’ by Westminster viz the devolved Assembly; the broad powers given to Ministers and how they can be challenged; and the basis on which judges can apply European Court judgments, with the knock-on problem of how barristers can advise their clients with any certainty.
Paul McGarry SC, Chairman of the Bar of Ireland and Liam McCallum QC Chairman of the Bar of Northern Ireland agreed about the effect of Brexit on the Good Friday Agreement. The cornerstone of the Agreement is free movement, a common travel area without a physical border, and that Northern Irish citizens are EU citizens. That is incompatible with a hard Brexit, which makes the border problem (omitted from the Prime Minister’s Florence speech) insoluble. As with so much else, the EU awaits this country’s clear proposals.
Delegates were given a conference app to vote on issues including ‘do you think there will be an ongoing role for the Court of Justice of the European Union after the Brexit date?’ (80% voted yes); and ‘will the concept of proportionality introduced into UK law survive Brexit?’
International Committee and EU Law Committee
International Committee and EU Law Committee
The Bar Council continues to call for investment for the justice system and represent the interests of our profession both at home and abroad
By Marie Law, Director of Toxicology at AlphaBiolabs
AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative
Q&A with Tim Lynch of Jordan Lynch Private Finance
By Marie Law, Director of Toxicology at AlphaBiolabs
By Louise Crush of Westgate Wealth Management
Little has changed since Burns v Burns . Cohabiting couples deserve better than to be left on the blasted heath with the existing witch’s brew for another four decades, argues Christopher Stirling
Six months of court observation at the Old Bailey: APPEAL’s Dr Nisha Waller and Tehreem Sultan report their findings on prosecution practices under joint enterprise
The Amazonian artist’s first international solo exhibition is wholly relevant to current issues in social and environmental justice, says Stephen Cragg KC
Despite its prevalence, autism spectrum disorder remains poorly understood in the criminal justice system. Does Alex Henry’s joint enterprise conviction expose the need to audit prisons? asks Dr Felicity Gerry KC
It’s been five years since the groundbreaking QC competition in which six Black women barristers, including the 2025 Chair of the Bar, took silk. Yet today, the number of Black KCs remains ‘critically low’. Desirée Artesi talks to Baroness Scotland KC, Allison Munroe KC and Melanie Simpson KC about the critical success factors, barriers and ideas for embedding change
