The human rights implications of Brexit

The Joint Committee on Human Rights of the UK House of Commons and House of Lords issued a report called The human rights implications of Brexit in December 2016. The Committee said that the United Kingdom Government must not use fundamental rights as a bargaining chip. The Committee called on the Government to give an undertaking to protect the residency rights of EU nationals in the UK.

While many fundamental rights were underpinned by EU law, the Committee said that it was not clear whether the Government intended to remove any rights which UK citizens currently possessed under EU law - and, if so, which rights were under threat. It demanded that any future legislation should include safeguards and Parliament should have the opportunity to debate, amend and vote on any proposed changes to fundamental rights.

Residence rights
It is estimated that there are currently 2.9m EU nationals resident in the UK.

The Secretary of State for International Trade Liam Fox has reportedly described EU nationals in the UK as one of the 'main cards' in Brexit negotiations and Minister for Human Rights Sir Oliver Heald told the Committee that the Prime Minister was seeking an 'early agreement' on the status of UK nationals in Europe and EU nationals in the UK. He confirmed that the Government’s view was that to agree a unilateral position on the issue would not be helpful.

How to protect fundamental rights in the future
The Committee recommends that the Government should set out a full and detailed list of fundamental rights currently guaranteed by virtue of the UK’s EU membership and what approach it intends to take towards them.

Trade agreements
The EU has included human rights clauses in trade agreements for many years. The Committee recommends that when the UK exits the EU, and enters into trade agreements with other states, the Government should, at the very least, ensure that standards included in current agreements are maintained.

UK: Parliament: House of Commons / House of Lords: Joint Committee on Human Rights: News, 19.12.16: Fundamental rights not a bargaining chip for Brexit, says Committee http://www.parliament.uk/business/committees/committees-a-z/joint-select/human-rights-committee/news-parliament-2015/human-rights-brexit-implications-report-published-16-17/

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

ESO: Background information: Brexit: acquired rights http://www.europeansources.info/record/brexit-acquired-rights/

ESO: Background information: Inquiry: EU nationals living in UK should be given permanent residence http://www.europeansources.info/record/inquiry-eu-nationals-living-in-uk-should-be-given-permanent-residence/

The Guardian, 19.12.16: Brexit: UK can't deport millions of EU nationals, report warns https://www.theguardian.com/politics/2016/dec/19/brexit-uk-deport-millions-of-eu-nationals-report-jchr-human-rights

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