At a workshop at FIDE Fundacion on 20 May, 2019 Christopher Muttukumaru* introduced the discussion on the Brexit policy and legal impasse. On 23 May, an article based on that presentation was published by the legal publishers, Intersentia. A link to the text on Intersentia’s Navigating Brexit website is here.

His purpose was to summarise the state of the EU/UK negotiations. He also explored the key features of the impasse in the UK where the Government has not secured approval in the UK Parliament for the draft EU/UK Withdrawal Agreement. Nor has there been a majority in favour of any long term Brexit option.

Christopher then explored the question whether there was any solution which might secure approval of the Withdrawal Agreement by the UK Parliament in the short term and deliver Brexit in the longer term, while also safeguarding the UK’s and the EU’s economic interests and the interests of citizens of the EU and of the UK. Thus, for example, one possibility where there was already a significant level of cross-party support might be to seek to negotiate a customs arrangement with the EU, as well as future alignment with the EU’s rules on environmental protection and protection of workers’ rights.            

He concluded that, while the legal and policy disagreements continued, it was difficult to plan ahead. But time would soon run out, even given the lengthy period of extension to the exit process until 31 October. There was no “one size fits all “ answer to the conundrum. But some businesses and citizens might themselves decide to plan on a worst-case assumption.

*Christopher Muttukumaru is a barrister and chair of the FIDE Fundacion International Committee. He is a consultant at Eversheds-Sutherland (International) LLP.”

You may find the full article here: THE BREXIT POLICY PARALYSIS – WHAT NEXT?