🚨🚨🇬🇧🇬🇧🇪🇺🇪🇺🇬🇧🇬🇧🚨🚨UK proposal to rewrite section of Brexit deal wins lawyers’ backing - my latest via @FT with ⁦@PickardJE⁩. It’s about Article 10, and why it’s arguably obsolete. Heralds battles to come.

1/thread.
on.ft.com/3jDa4iD
@FT @PickardJE This is an interesting intervention from @GeorgePeretzQC and @jamesrwebber
that runs rule over the demand from @DavidGHFrost
last july that Article 10 of the NI Protocol should be replaced/re-written. Their full text is here..but tl;dr /2

eurelationslaw.com/blog/the-uks-p…
@FT @PickardJE @GeorgePeretzQC @jamesrwebber @DavidGHFrost Article 10 is that part of the Protocol on state aid which means that UK Govt subsidy decisions that could impact on NI goods trade need to be referred to Brussels...even if those decision are primarily for UK economy. Understandably Brexiters hate it. /3
@FT @PickardJE @GeorgePeretzQC @jamesrwebber @DavidGHFrost Last July in his Command Paper Frost argued that it should now be re-written because it was conceived in October 2019 -- BEFORE the UK had done the Trade Deal and published its UK subsidy control bill which creates structures that now obviate such a sweeping clause/4
@FT @PickardJE @GeorgePeretzQC @jamesrwebber @DavidGHFrost It is interesting that @GeorgePeretzQC -- no Brexiteer he -- largely agrees with the government analysis on this, alongside @jamesrwebber who has more consistently argued the Protocol needs wider reform. /5
@FT @PickardJE @GeorgePeretzQC @jamesrwebber @DavidGHFrost It is not clear, per EU and UK sources, if the EU will go to this -- there is clearly a theological aversion to rewriting/reopening the Protocol text, but Article 10 has a far greater 'reach back' into UK policy that is necessary /6
@FT @PickardJE @GeorgePeretzQC @jamesrwebber @DavidGHFrost Indeed it is has already been cited in UK courts in a very tangential case by British Sugar trying to UK govt subsidy of sugar cane imports struck down - thread here. /7

@FT @PickardJE @GeorgePeretzQC @jamesrwebber @DavidGHFrost Of course, as the two lawyers acknowledge in this paper, the Article 10 claim was only one element of Frost demands in Command Paper, the others of which (like ending ECJ oversight, including elements of mutual enforcement) are clearly not acceptable to the EU /8
@FT @PickardJE @GeorgePeretzQC @jamesrwebber @DavidGHFrost You can read a gut of the five main proposals Frost makes here...but suffice to say, the paper hasn't exactly created the atmosphere the kind of dialogue that would lead to the fixing of Article 10 /9

ft.com/content/b0389e…
@FT @PickardJE @GeorgePeretzQC @jamesrwebber @DavidGHFrost The word is that the summer talks haven't really got that far, but as @Mij_Europe noted yday the assumption is that there will be some extension to October deadlines this month to avoid imposing full Export Health Certs which folk like @MichaelAodhan warn would be disaster /10
@FT @PickardJE @GeorgePeretzQC @jamesrwebber @DavidGHFrost @Mij_Europe @MichaelAodhan How much political space that extension, should it come, will create remains to be seen.

In theory Article 10 ought to be a winnable argument, but trying to fix one of the pillars of the house while you're apparently trying to blow the rest down isn't always that easy. ENDS

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More from @pmdfoster

10 Sep
🚨🚨🚨🇪🇺🇬🇧📀👩‍💻📀👩‍💻📀🇪🇺🇬🇧🚨🚨🚨

EXc: UK eyes removing EU’s human review of AI decisions.

Among ideas as U.K. gov consults on how to seek U.K. #brexit “data dividend”.

But privacy campaigners and EU will be watching. /1

on.ft.com/38S3q1x
This relates to Article 22 of GDPR, the EU data protection regulation which guarantees a human review of automated decision or profiling -- for EG online loan award a loan, or a recruitment aptitude test using algorithms to filter candidates. /2

ico.org.uk/for-organisati…
Art 22 has been a target for Brexiters like Iain Duncan Smith who led the govt's TIGRR review on how to seek a regulatory dividend from Brexit.

Their report argued A22 should be removed and replaced with a public interest test. /3

assets.publishing.service.gov.uk/government/upl…
Read 14 tweets
6 Sep
NEW: UK is about to extend "grace periods" for NI Protocol that has caused so much difficulty since #Brexit -- EU side will not object -- so that talks on UK Command Paper can continue....BUT (to be clear) two sides still miles apart /1

ft.com/content/0faeac…
So, take Lord Frost @DavidGHFrost speech at weekend (worth reading)... he repeats that “solutions which involve ‘flexibilities’ within the current rules won’t work for us”. But that is exactly where the EU is.../2

gov.uk/government/spe…
@DavidGHFrost As Irish dep pm/Tanaiste @LeoVaradkar told @BBCr4today this morning there is "no appetite" in EU capitals for re-write:

“We don’t really see the case for renegotiating it [the protocol] so soon, we think most of the solutions can be found within the existing agreement.” /3
Read 7 tweets
20 Aug
🚨🚨🇪🇺🇬🇧💉🏥🔬🧬🧪🧫🇪🇺🚛🚨🚨My latest #Brexit Briefing is out. And it looks at “regulatory science” and the “real opportunity of Brexit”…which might not quite be what is commonly understood. via @FT Stay with me/1
ft.com/content/19af24…
@FT It has been one of the long-running themes of #Brexit that the UK, freed of the stultifying regulatory dead hand of Brussels, can prosper by being 'nimbler' and more 'innovative' and in, simple terms, slashing 'red tape'...which makes for a strong political narrative. BUT.../2
@FT It comes up against some uncomfortable facts, which is that the UK (4pc, say of total global spending on medical devices) really isn't big enough to make the regulatory weather...global industries like pharma, finance etc have to follow EU, US standards to monetize products/3
Read 17 tweets
14 Aug
🚨🚨🇬🇧🇪🇺💉💊💉💊💉💊🇪🇺🇬🇧🚨🚨 EXC: Staff at UK medical regulator ⁦MHRA⁩ express alarm at plan to slash 300 of 1,200 jobs after #brexit — despite #covid19 triumphs and U.K. gov wanting life sciences at heart of economic recovery. 🤔🤔🤔stay with me/1
ft.com/content/8ef390…
Yes, that's the same MHRA regulator that stopped the #Covid19 ventilator programme descending into farce and helped fast-track coronavirus vaccines approvals -- for which it was lauded as "phenomenal" in UK govt's life sciences plan./2

assets.publishing.service.gov.uk/government/upl…
And the same MHRA that Iain Duncan Smith in this TIGRR report on post-#Brexit deregulation said should have an expanded remit and be at heart of the 'build back better' plans, to maximise the strength of UK life sciences/3

assets.publishing.service.gov.uk/government/upl…
Read 15 tweets
10 Aug
Spent today at two colleges in Brighton talking to A-Level/BTec students... @RoedeanSchool
@varndean ...it was uplifting! Yes grades have been inflated, but that is a) unavoidable without public exams b) better than the blind algorithm /1 #ALevelResults

ft.com/content/0288a0…
@RoedeanSchool @varndean Why unavoidable? Because with no-one sitting exams, no-one has a 'bad day' or a 'good day'...so grades can only be awarded on the maximum potential of each student. Otherwise teachers are guessing/playing God. Each students has a 'basket of evidence' backing up their grade /2
@RoedeanSchool @varndean The result? About 45 per cent got A*/A which is crazy -- but surely better than the algorithm that discriminated (among other things) on class sizes. So (poorer) schools with bigger classes got marked down/3
Read 7 tweets
20 Jul
🚨🚨🇪🇺🇬🇧🇪🇺🇬🇧🇪🇺🇬🇧🇪🇺🚨🚨
Ex EU commission Sir Jonathan Faull floats again the idea of “mutual enforcement” as a solution to the NI protocol #brexit stand off:

“A dual autonomy approach would help with the Northern Ireland protocol” via @FT /1
on.ft.com/3wMpKDq
@FT This idea broadly relies on either side enforcing the others laws...two separate, sovereign jurisdiction operating side by side to protect each other. It has long been favoured by Brexiters of ERG...but is hated by the EU. /2
@FT Here is old ERG-backed paper on the idea from Feb 21...it has been totally rejected by EU, but Brexiters continue to work on the plan, with legal advice from lawyers such as @jamesrwebber /3

centreforbrexitpolicy.org.uk/wp-content/upl…
Read 9 tweets

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