Why the People’s Vote is not ‘the answer’

By Prof Phil Syrpis, Professor of EU Law (University of Bristol Law School)

Photo: Nadja von Massow, People’s Vote March, London 23 June 2018.

Momentum seems to be building for a people’s vote. I argue here that there are a number of legal and political issues which need to be addressed before it is possible to decide whether a people’s vote is indeed ‘the answer’ to the mad Brexit riddle. My conclusion is that it is not.

The most common plea is for a people’s vote ‘on the final Brexit deal negotiated by the UK Government’. But, there are also calls for a people’s vote ‘if the Brexit deal is rejected by Parliament’. Scratch a little below the surface, and it becomes apparent that many of those who are now calling for a people’s vote are either uncertain, or perhaps deliberately vague, about the circumstances in which a people’s vote should be held. They are also uncertain, or again perhaps deliberately vague, about the nature of the question to be put to the people, the timing of the people’s vote, and indeed the consequences which should flow from such a vote. There are, as the Leave campaign should be able to testify, pros and cons for campaign groups who take this sort of stance. A vague plan might elicit support from a wide range of people. But then, it might turn out not to be able to deliver that which people were hoping for.

Calls for a people’s vote come from a variety of sources. The most enthusiastic voices are the ‘remainers’. They tend to see a people’s vote as an opportunity – perhaps the last opportunity – to stop Brexit, and to enable the public to vote not, as in June 2016, on the abstract idea of leave, but instead on the Government’s concrete Brexit plans. They are confident that while there was a small majority for Brexit in 2016, there would not, given what we now know, be a majority for any of the Government’s possible plans, or indeed for a ‘no deal’ Brexit. Recent polls support their claim. They have been joined by a number of other groups, who argue that there is a tactical political advantage to be gained (for the Government and the Labour Party) in backing a people’s vote. (more…)

NHS procurement and Brexit: limited scope for no-deal preparations

By Dr Albert Sanchez-Graells, Reader in Economic Law and Member of the Centre for Health, Law, and Society (University of Bristol Law School).

As Brexit day approaches and the UK and the EU fail to complete their negotiations for a withdrawal and transition agreement to ensure an ‘orderly Brexit’, more and more voices will raise strong concerns about the impact of a no-deal Brexit for important sectors of the UK economy and public sector. In a leaked letter, the trade association of NHS providers sent a clear warning message to the public bodies in charge of running the English NHS (NHS England and NHS Improvement). As widely reported by the press, NHS providers made it clear that poor co-ordination by ministers and health service bosses means there has been a failure to prepare for the UK to be left without a Brexit deal, and that this could mean “both stockpiles and shortages of medicines and medical devices”.

NHS providers have thus requested that the Department of Health and Social Care, NHSE and NHSI accelerate preparations for a no-deal Brexit. In this post, I argue that there is very limited scope for no-deal preparations concerning medical equipment and consumables, and that this can have a very damaging impact on the running of the NHS post-Brexit, given that it annually spends approximately £6 billion on goods (such as every day hospital consumables, high cost devices, capital equipment and common goods). (more…)

Brexit – What are the options for the UK now?

By Prof Phil Syrpis, Professor of EU Law (University of Bristol Law School).

In the light of the resignations of David Davis and Boris Johnson, it is time to reexamine the state of play in the Brexit negotiations. In this post, I seek to identify the various possible outcomes, and to provide some comments on the political ramifications of each.

The list of possible outcomes is almost as long as it was in March 2017, when Article 50 was triggered. That in itself is a cause of huge concern. What is also worrying, is that there does not appear to be a clear path to any of the possible outcomes.   (more…)