Public Law and Brexit

If you want to view Martin Rowson’s illustration for this event in full you can click here.
This conference will look at the myriad of ways Brexit will impact public law in the years to come, as domestic legislation and litigation fills the gap left by EU law. Topics include the Future Relationship Act of 2020, trade, immigration and the EU Settlement Status Scheme (EUSS), social security coordination, enforceable provisions of the Withdrawal Act, retained EU law, and more.

Ticket pricing:

Discounted rate (for NGOs, charities, advisers, voluntary sector): £75 + VAT

Standard rate (for academics, private practitioners and public bodies): £120 + VAT

Student rate (please note that this is only available for students in full-time education and only those booking with a valid university email address will be processed): £10 + VAT

Please email Amélie for any ticket queries, or if you have limited training budget but would benefit from the talks at this conference.

All sessions will be divided up between early morning and afternoon to allow for maximum flexibility around work and childcare commitments. All sessions will be recorded and shared with delegates the week after the conference concludes.

You can download a full-size version of Martin Rowson’s artwork here.

Thank you to Blackstone Chambers for their support of this conference.

Programme:

Monday 22 February 2021

9.00 – 9.10: Introduction
Jo Hickman, Director and Alison Pickup, Legal Director, Public Law Project

9.10 – 10.10: The enforceable provisions of the Withdrawal Agreement

The aim of the session is to ensure people are aware of the parts of the Withdrawal Agreement which may be directly enforceable in domestic legal proceedings, and what other mechanisms there are for enforcement.

Chair: Alison Pickup, Public Law Project

Professor Catherine Barnard, Cambridge University Faculty of Law

David Heaton, Brick Court Chambers

Leonie Hirst, Doughty Street Chambers

14.00 – 15.30:  What is retained EU law?

This session will give an overview of the basic concept and structure of “retained law” in the Withdrawal Act of 2018 and the process for “transferring” EU law into domestic legislation. Topics include the EU Charter of Fundamental Rights, the litigation landscape in the UK post-Brexit, and how it will impact the Equality Act.

Tim Buley QC, Landmark Chambers

Professor Tarun Khaitan, Oxford University

Emma Mockford, Brick Court Chambers

James Segan QC, Blackstone Chambers

Tuesday 23 February

9.00-10.30: Delegated powers and statutory instruments

This session will look at the way delegated legislation and statutory instruments have been laid to address retained EU law and other treaty obligations.

Chair: Alison Pickup, Public Law Project

Adrian Berry, Garden Court Chambers

Dr Ruth Fox, Hansard Society

Tom de la Mare QC, Blackstone Chambers

Alexandra Sinclair, Public Law Project and London School of Economics

14.00-15.30: Equality and human rights

This session will look at the multiple ways the Withdrawal Agreement 2018 will impact equality and human rights legislation in the UK. Topics include: the Equality Act 2010 as retained EU law; the IRHRA; equality provisions in the Withdrawal Agreement; and protection of the ECHR in the EU-UK Trade and Cooperation Agreement; Zambrano carers and their families.

Chair: Lewis Graham, Public Law Project

Rachel Jones, Blackstone Chambers

Shu Shin Luh, Doughty Street Chambers

Karon Monaghan QC, Matrix Chambers

Oliver Persey, Garden Court Chambers

Professor Iyiola Solanke, Leeds University

Thursday 25 February

9.00-10.30: Trade

This session will look more closely at the Trade and Cooperation Bill, and the potential for disagreements and legal challenges.

Eleonor Duhs, Fieldfisher

Dr Brigid Fowler, Hansard Society

Holger Hestermeyer, Kings College London

Anneli Howard, Monckton Chambers

14.00-15.30: Environment

This session will look at the trade agreement and the implications for environmental protections. In-depth topics include: experiences in bringing Judicial Reviews to environmental cases and challenges; the CJEU as a valuable forum for environmental protection rights; and the replacement for the European Commission on environmental review.

Chair: David Wolfe QC, Matrix Chambers

Ruth Chambers, Greener UK

Carol Day, Leigh Day

Marley Morris, IPPR

Harriet Owens, ClientEarth

Monday 1 March

9.00-10.30: Immigration and the EUSS

This panel will look at the legislation and litigation that has arisen out of the Brexit process, the changes to immigration policy, and the challenges of the European Union Settlement Scheme (EUSS). There will also be discussion of exportability of benefits and cross-border health care.

Chair: Christian Davies, Public Law Project

Paul Bowen QC, Brick Court Chambers

Simon Cox, Doughty Street Chambers

Luke Piper, the3million

Mala Savjani, Wilsons and Here for Good

14.00-15.30: International perspectives on Brexit

This panel will look at international and domestic perspectives on Brexit, and to consider the impact felt both domestically and in the rest of Europe. This session will be split between the impact on legal practices and the political and institutional viewpoints of the process and its impact on the Rule of Law.

Julinda Beqiraj, British Institute Of International & Comparative Law

The Rt. Hon. The Lord Keen of Elie QC

Professor Anand Menon, Director, UK in a Changing Europe and King’s College London

More speakers TBC

Wednesday 3 March

10.00-10.50: Closing Conversation

A conversation on the shape of public law post-Brexit, including the role of public law principles, the grounds and scope of judicial review, the use of statutory instruments, and the respective roles and relationships of the UK’s legislature, executive and the courts.

Sir Jack Beatson

Emma Foubister, Matrix Chambers