1. BREXIT SOME CONSIDERATIONS Presented by David Mundy Partner
27 September 2016

2. BACKGROUND On 23 June UK voted to leave the EU
(17.4 million –v million)
Referendum advisory only:
no legal consequence
not legally binding
Political obligation:
Article 50 TFEU engaged

3. ARTICLE 50 “in accordance with our constitutional requirements”
notify intention to withdraw
EU obliged to negotiate agreements for withdrawal and future relationship
EU law ceases to apply from (1) agreement or (2) two years from notification or (3) unanimous extension
no machinery for revoking

4. “CONSTITUTIONAL REQUIREMENTS”
with an unwritten constitution technically we have none
Government wants to invoke trigger under Royal Prerogative – i.e. an act of the executive
others think that an Act of Parliament required (case in the Divisional Court this month)
other constitutional hurdles e.g. devolution
legislation = Parliamentary engagement consultation and debate

5. CITIZENSHIP ISSUES
a national of a Member State is automatically a citizen of the Union
EU citizenship is additional to and not a replacement for national citizenship
brings rights – freedom of movement, establishment, to conduct economic activity
Brexit will remove rights without replacement agreement

6. ENGAGEMENT House of Lords EU Committee
“most complex, demanding and important administrative and diplomatic task facing Government since WW2”
new department for “Exiting the Union” with David Davis as Secretary of State
support negotiations to leave
establish future relationship

7. OUR ADVICE IN TERMS OF ENGAGEMENT
It’s never too early to get involved but can be too late
Build your contacts
Monitor policy developments
Understand the process – the structure and the timings
Go in at the right level
Build and support your argument
Know your opponents
Provide solutions – especially here
Tailor your messages
Use the media wisely

8. POTENTIAL TIMELINE
23 June 2016 – Referendum result – UK votes to leave EU
13 July 2016 – Theresa May becomes PM
Jan/Feb 2017 Article 50 triggered?
negotiations on terms of exit – terms to be agreed by qualified majority
Jan/Feb 2019 UK exits unless all member States agree extension
2019 onwards – continuing negotiations on trade deals with rest of the world

9. This presentation is not meant as a substitute for advice on particular issues and action should not be taken on the basis of the information in this document alone.
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