BREXIT SOME CONSIDERATIONS Presented by David Mundy Partner

BREXIT SOME CONSIDERATIONS Presented by David Mundy Partner 27 September 2016

BACKGROUND On 23 June UK voted to leave the EU (17. 4 million –v- 16. 1 million) Referendum advisory only: no legal consequence not legally binding Political obligation: Article 50 TFEU engaged 2

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 3

“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 4

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 5

ENGAGEMENT House of Lords EU Committee “most complex, demanding and important administrative and diplomatic task facing Government since WW 2” new department for “Exiting the Union” with David Davis as Secretary of State support negotiations to leave establish future relationship 6

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 7

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

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. This firm is not authorised by the Financial Conduct Authority (the FCA). However, we are included on the register maintained by the FCA (www. fca. gov. uk/register) so that we can offer a limited range of investment services (including insurance mediation activities) because we are authorised and regulated by the Solicitors Regulation Authority (the SRA). We can provide these services if they are an incidental part of the professional services we have been engaged to provide. Mechanisms for complaints and redress if something goes wrong are provided through the SRA and the Legal Ombudsman. Bircham Dyson Bell LLP is a member of Lexwork International, an association of independent law firms. www. lexwork. net 9