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Leading lawyers discuss rights after Brexit


On Tuesday 7 May the House of Lords EU Justice Sub-Committee will continue its inquiry ‘Rights After Brexit' with an evidence session with practitioners in the field. The session will focus on issues including rights protections post-Brexit, the supremacy of EU law, citizens' rights for EU nationals, and potential issues for representation in Northern Ireland. 

The Committee has undertaken a series of inquiries into rights after Brexit. This latest inquiry is considering the potential impacts of Brexit upon human rights in the UK, and seeks to get answers to some of the most fundamental issues that, potentially just weeks away from the UK's departure, are still outstanding. 

The session will begin at 10.45am, lawyers giving evidence are: 

  • Angela Patrick, Doughty Street Chambers
  • Marie Demetriou QC, Brick Court Chambers
  • Aidan O'Neill QC, Matrix Chambers 

Questions are likely to include:

  • Do you believe rights protections in the UK will be weakened due to the removal of the Charter of Fundamental Rights of the European Union?
  • How significant is the removal of the supremacy of EU law and, based on past precedent, are there any particular areas of law where you believe this will have an immediate impact?
  • How far (and in what areas) do you think that the current draft of the Withdrawal Agreement and accompanying political declaration might mitigate any weakening of human rights standards under the domestic law regime?
  • Do you have any concerns as to how citizens' rights for EU nationals already in the UK rights might be interpreted now that the Government has rolled out its ‘settled status' scheme?
  • It has been suggested that if the Protocol on Ireland/Northern Ireland ever became operative, this could lead to a democratic deficit in Northern Ireland, which might be contrary to Article 3 to the First Protocol to the European Convention on Human Rights (right to free elections). What is your assessment of this argument? 

The session will be held in Committee Room 3, House of Lords. 

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