What we do

PLP’s work around Brexit is intended to ensure that Parliament is appropriately sovereign, that the executive is held to account, and that the interests of disadvantaged groups are properly and effectively represented. We aim to uphold the rule of law and ensure procedural fairness to those likely to be most affected by the Brexit process.

PLP works with a wide range of charity and civil society groups to identify and pursue public law issues arising out of Brexit and the EU Settlement Scheme (EUSS).

PLP takes no position on the decision to leave the EU.

How we do it

Casework

PLP’s casework team is watching the post-Brexit settlement closely and is committed to ensuring that procedural fairness and parliamentary sovereignty are upheld throughout the process. To that end, PLP intervened in the Supreme Court in Miller No. 2 to present to the court our research which demonstrated how the prorogation of Parliament undermined effective scrutiny of the statutory instruments laid to facilitate Brexit.

We have established an EUSS Support Hub which provides specialist support to frontline organisations who are assisting vulnerable and disadvantaged applicants to the EUSS. We provide pro bono expert input on complex applications under the EUSS. We also work with these organisations to identify unlawfulness in the operation of the EUSS and we can advise individuals and organisations on legal strategies, including public law remedies, to address this.

If you would like to speak to us about the EU Settlement Scheme, or to make a referral, please contact Ollie Persey at o.persey@publiclawproject.org.uk

Research and policy

Our casework and research teams work closely together to recognise and tackle public law issues arising from Brexit.

The Statutory Instruments Filtering and Tracking (SIFT) project scrutinises Brexit related Statutory Instruments to ensure that they conform to public law principles and do not undermine our fundamental rights. The SIFT research was key to our intervention in Miller No 2.

We have also produced research into the effectiveness of the Government’s EU settlement scheme.

We regularly produce blogs and research reports on Statutory Instruments and the EUSS. We have also produced briefings for parliamentarians in relation to the wide delegated powers in the Government’s numerous Brexit bills and about aspects of the incorporation of the EUSS into UK domestic law.

Training and resources

PLP has delivered training throughout England and Wales on Brexit statutory instruments and related issues such as Statutory Instruments which alter benefits entitlements for those with settled and pre-settled status.

PLP has also delivered training throughout England and Wales on how the EUSS hub operates and how frontline organisations can work with us.

If you would like to talk to us about our Brexit related Statutory Instruments or legislative scrutiny around the Brexit process, please contact Alexandra Sinclair, our Research Fellow in Brexit, Parliament and the Rule of Law, at a.sinclair@publiclawproject.org.uk