Home Brexit Legal issues will arise over no-deal Brexit

Legal issues will arise over no-deal Brexit

by LLB Reporter
27th Feb 19 2:39 pm

The Irish government committee has heard if the UK leaves with a no-deal Brexit, there will be a large number of potential legal issues, despite contingency planning.

The Irish committee discussed the UK’s EU withdrawal focussing on the Consequential Provisions Bill 2019. This Bill proposes Ireland’s legislative action they can take, to include a no-deal Brexit and a range of other scenarios.

Charlie Flanagan, the Irish justice minister said, “I have to concede that in a no-deal crash scenario there will be a number of potential problems.

“The entire regime may be regarded as less than satisfactory, so we must ensure that contingency is in place, in so far as they can be.

“Ultimately, the certainty will only be evident when an agreement is reached between the EU and UK, in respect of future relationship arrangements. Obviously while the EU have been a negotiating party, there have been certain areas in terms of our relationship with the UK that we need to discuss.

“We have set forward proposals but there have been, and continue to be, instances where we have to fall back on older legislation, less modern and potentially more challenging.

“But what we’re putting forward in the Bill is urgent areas which are likely to prove immediately challenging, and as time passes, we’ll continue discussions under the EU umbrella.

“Our objectives and the UK are broadly similar, ensuring protection of our people and the legal framework that existed between our countries will continue, notwithstanding withdrawal of UK from EU instruments.”

Flanagan told the committee post-Brexit legislation is one of the biggest issues that surrounds immigration and extradition.

Criminals that are facing European arrest warrants could be released at 11pm on 29 March, there needs to be a new agreement between the two states.

Flanagan added, “The Bill provides for two amendments of the Extradition Act, to ensure effective extradition arrangements are maintained between Ireland and the UK.

“The optimal solution is to apply the 1957 Council of Europe Convention on extradition to which both Ireland and UK are party to extradition arrangements. While the procedure is not as effective or as efficient as an EU arrest warrant, in the event of a no-deal Brexit, it will provide a workable solution.

“The intention would then be to legislate for an extradition arrangement with the UK similar to the EU warrant.”

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