Brexit

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Following a national referendum, the UK withdrew its membership from the EU on 31 January 2020. The EU and UK domestic legal landscape has continued to change throughout the withdrawal process, transition/implementation period and beyond.

The UK is now in the post-transition/implementation phase of Brexit. Brexit-related research is still relevant as the implementation of Brexit-related policy, agreements and legislation remains ongoing after the event.

We are reviewing our content on the basis of information available and keeping it under regular review. In the meantime, this subtopic contains background reading, commentary and analysis on this subject and links to related guidance and policy documents.

EU referendum

On 23 June 2016, the UK held a referendum on its membership of the EU. In accordance with the European Union Referendum Act 2015 (EURA 2015), voters were asked:

‘Should the UK remain a member of the EU or leave the EU?’

On 24 June 2016, the Chief Counting Officer for the EU referendum confirmed the result:

  1. •

    51.9% of votes (17,410,742) were cast in favour of 'Leave'

  2. •

    48.1% of votes (16,141,241) were cast in favour of 'Remain'

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Latest Public Law News

Supreme Court dismisses appeals but urges Scottish courts to modify approach to admissibility in sexual offences trials—Daly v HM Advocate, Keir v HM Advocate

The Supreme Court has unanimously dismissed appeals brought by two appellants convicted of rape and other sexual offences, challenging the exclusion of evidence that might have assisted their defences. The key issue was whether the Scottish courts’ approach to the admission of evidence concerning the complainer’s credibility or reliability in trials for sexual offences was liable to infringe the defendant’s rights to a fair trial under Article 6 of the European Convention on Human Rights (ECHR). The Supreme Court found that the Scottish courts should modify their approach to the admission of evidence in such cases as it was liable to result in violations of the rights of the accused under Article 6 ECHR. However, on the facts, the Supreme Court found that no such violation had occurred in this case and both appellants had received a fair trial, hence the appeals were dismissed. Lord Reed gave the judgment with which the other members of the court agreed. The Lexis+® UK Public Law team comments on the judgment.

DSIT introduces Cyber Security and Resilience Bill to protect essential UK services

The Department for Science, Innovation and Technology (DSIT) has introduced the Cyber Security and Resilience Bill to Parliament, which aims to strengthen the UK’s cyber defences against cybercriminals and state-backed actors. The Bill focuses on safeguarding essential public services such as the NHS, transport, energy and drinking water providers. It seeks to bring medium and large managed service providers—those offering IT management, help desk support and cyber security services to public and private sector organisations like the NHS—under regulation.

Supreme Court Justice speech argues common law remains primary source for human rights protection

Lord Briggs of Westbourne JSC has said that common law, rather than the Human Rights Act 1998 (HRA 1998), should remain the foundation of human rights protection in the UK. Speaking at the Justice Annual Conference to mark the HRA’s 25th anniversary, Lord Briggs argued that common law provides the cause of action even in cases where the HRA 1998 ensures compliance with the European Convention on Human Rights. Lord Briggs added that a quarter-century of HRA influence has strengthened the common law to the extent that it could continue to function effectively if the UK were to repeal the HRA 1998 or withdraw from the Convention. He cited the development of privacy law and the incorporation of the proportionality principle as examples of lasting improvements within the common law system.

Government responds to the JCHR report on the Crime and Policing Bill

The Joint Committee on Human Rights (JCHR) has published the Government’s response to its report on the Crime and Policing Bill, which addresses recommendations on anti-social behaviour, public order and human rights safeguards.

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