Overview

The Secretary of State for Exiting the European Union, Rt Hon David Davis MP (Con, Haltemprice and Howden) gave an oral statement to the House of Commons on Tuesday updating Members following the fifth round of negotiations with the EU, which were completed in Brussels on 12 October.

Davis reviewed the five negotiation rounds which have been held since June and cited the progress which was made in the latest meeting regarding:

• Legal certainty on the rights of EU27 citizens in the UK, and British citizens in the UK.
• The registration process for European citizens.
• Northern Ireland.
• The financial settlement.
• The future partnership and separation issues.

In his conclusion, Davis highlighted the recent discussion of “sufficient” progress in EU negotiations, referring to this notion as an EU construct rather than a UK one, and reinforced the “substantial” progress both teams have made over recent months.

Key points

“We have made further progress towards giving British citizens in the EU, and EU27 citizens in the UK, the greatest possible legal certainty about the future”

• Davis highlighted the discussions that were held around:
  • Enforcement of rights.
  • How the withdrawal treaty can be implemented into UK law.
  • Ways to ensure consistent interpretation of the agreement.
• The following points remain outstanding on both sides:
  • Continued recognition of professional qualifications.
  • Voting in local elections.
  • Onward movement as a UK citizen already resident in the EU27.
  • EU citizens’ right to bring future family members into the UK.
  • The export of benefits.

“The administration process (for European citizens gaining settled status in the UK) will be completely new, streamlined and, importantly, low cost”

• Davis recognised concern about the system EU citizens will use to gain settled status in the UK and addressed these by clarifying the process which he hoped would help build “further confidence”:
  • Any EU citizen who already holds a permanent residence card will be able to exchange it for settled status in a “simple” way.
  • The test for this will be agreed and set out in the withdrawal agreement.
  • The Commission is offering similar guarantees to British citizens in the EU.

“Shared determination to tackle the unique circumstances of Northern Ireland by focusing on creative solutions”

• Davis highlighted detailed discussions and a “significant” step forward:
  • Developed joint principles on the continuation of the common travel area and associated rights to preserve the rights of UK and Irish nationals to live, work and study.
  • Protect associated rights to public services and social security.
  • Formal acknowedlgement that the UK and Ireland will continue to uphold and develop bilateral arrangements.
  • Mapped out areas of co-operation that function on a north-south basis to ensure these continue once the UK has left the EU.
  • An agreed set of guiding principles to protect the Good Friday Agreement.
  • Reaffirmed commitment to the rights of the people of Northern Ireland to choose to be British or Irish or both.

“On the financial settlement, discussions continued in the spirit fostered by the Prime Minister’s significant statements in her Florence speech”

• During the September round of negotiations a “rigorous examination of the technical detail” was agreed to reach a shared view.
• This process is still ongoing and was referred to as an important step towards reaching a political agreement ‘when the time comes’.

“On separation issues we have continued to work through the detail on a range of issues”

• This particularly related to areas such as nuclear safeguards, civil judicial co-operation, and privileges and immunities. 
• While progress was made, the remaining issues are dependent on discussions about the future partnership, which the UK is “ready and well prepared to start”.

Analysis

While the Secretary of State’s statement struck a positive tone, referring to the “momentum and spirit of co-operation” and referring to negotiations as “on the right track” Shadow Secretary of State for Exiting the European Union, Keir Starmer QC MP (Lab, Holborn and St Pancras), criticised the Government for failing to secure agreement on key issues by the agreed deadline. Starmer called on the Secretary of State to deliver on a commitment to accelerate talks following the European Council’s meeting.

The SNP Brexit spokesperson Peter Grant MP (SNP, Glenrothes) drew attention to the “talking up” of a no deal and asked the Secretary of State to “absolutely” rule this out as the “worst of all possible deals”. Davis emphasised the need to have a right to walk away as, if not “you get a terrible deal”.

Whilst progress of the negotiations are dominating Government statements and press coverage, it is likely this attention will shift to focus on domestic legislation shortly, given that the dates of the Committee stage of the EU Withdrawal Bill have yet to be announced. Rumours were circulating that the Government is considering bringing the Bill to the floor of the House after the November recess, leaving very little time for debate before Christmas.

Next steps

It is likely that the decision for the talks to progress to ‘phase two’ (discussing the future relationship and trade partnership with the EU) will be taken at the European Council’s December summit.

If you would like to speak to Newington about the state of play during Brexit negotiations, how your business could be affected by Brexit, and how best to engage with Government, please get in touch with our dedicated Brexit team at teamNExEU@newingtoncomms.co.uk or call Lizzy Roberts on 020 7234 3332.