BREXIT What has SYP done and where are we heading?

February 2019 Jack Norquoy MSYP Summary This document outlines the advocacy of the Scottish Youth Parliament (SYP) during the negotiations of the United Kingdom's departure from the European Union (EU), commonly known as Brexit. This document aims to serve as a record, resource and update of SYP's advocacy in relation to Brexit and young people's voices in the negotiations. In addition, this document offers as an easy to understand resource in advance of the expected UK departure from the EU. Compiled in February 2019 by Jack Norquoy MSYP, Trustee of SYP 2018-19 with portfolio responsibility for Communications and Brexit.

Background What is Brexit? On June 23 2016, a referendum was held in the UK on whether the UK should remain or leave the EU. The EU is an economic and political union of 27 countries in Europe. The UK voted to leave the EU and we are expected to leave on Friday 29 March 2019. The overall UK result of the referendum was 52% in favour of leave and 48% in favour of remain. In Scotland, 62% of eligible voters voted remain and 38% voted leave. The referendum was not eligible for those under 18 years old and EU citizens living in the UK, excluding citizens from Ireland, Cyprus and Malta. This document will not set out the reasons in favour and against of UK-EU membership in respect of SYP's political impartiality.

Why does it matter? The UK and EU are both important economic, political, historical and social partners, and the UK departure from the EU will change many aspects of this relationships, from trading to travel, fishing to farming, immigration to the Irish border — Brexit will have a profound impact for many years to come.

Importantly for SYP as a fundamentally human rights based organisation, Brexit may cause changes to existing and future human rights legislation and protections in the UK. Brexit is one of the biggest decisions that the UK has made in modern history and it is only right that as we respect Article 12 of the UNCRC that young people can have a say in the decisions being made for the future.

1 Contents Page 1 — Summary and Background

Page 2 — Contents

Page 3 and 4 — Jargon Buster

What does SYP believe?

Page 6 and 7 — Lead The Way and SYP Policy Page 8 and 9 — Rights Outright: SYP's Brexit Manifesto Page 10 — SYP External Affairs, UK & International Affairs, Committee Page 11 — Scottish Declaration on Human Rights

What has SYP done?

Page 13 — Timeline Pages 14 - 18 — Chronology of key national advocacy Page 19 — Children and Young People's Panel on Europe

Where are we going?

Page 21 — Where are we now? Page 22 — What will Brexit mean for human rights Page 23 — EU Citizens and Erasmus+ Funding Page 24 — Workers Rights and Travel and Movement

Page 25 — Useful resources and SYP contact

2 Jargon Buster Brexit = Short term used to explain Britain (UK) exiting the European Union (EU).

Customs Union = A trade agreement under which two or more countries do not put tariffs (taxes) on goods coming in from other countries in the union. The countries also decide to set the same tariff on goods entering from outside the union. The EU customs union includes EU member states and some small non-EU members and forbids members from negotiating trade agreements separately from the EU. Instead trade agreements are negotiated collectively.

No-deal Brexit = A no-deal Brexit would mean the UK leaving the European Union and cutting ties immediately, with no agreement at all in place. If MPs do not approve Theresa May's deal, and there is no alternative deal or move to delay or stop Brexit, the UK will leave with no deal on 29 March. The UK would follow World Trade Organization rules to trade with the EU and other countries, while trying to negotiate free-trade deals.

UNCRC = United Nations Convention on the Rights of the Child. Signed in 1989, it is a legally-binding international agreement setting out civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities. The UK is a signed-up country to the UNCRC, but it only guides our law and doesn't have full legal power. In 2018, the Scottish Government announced their intention to change this and have the UNCRC legally binding in Scots Law (incorporation).

Political Declaration = Document which sets out proposals for how the UK's long term future relationship with the EU will work after Brexit. The political declaration is not legally binding but will be worked up into a full agreement during the transition period.

Article 50 = Part of an EU treaty that sets out how member countries can leave, with a two-year timetable for leaving. Article 50 was triggered by Prime Minister Theresa May at the end of March 2017 and means the UK will leave the EU at the end of March 2019. The UK is allowed to stop the Article 50 process completely - but if it wants only to extend it, all the other EU countries must agree.

European Convention on Human Rights = The European Convention on Human Rights is a treaty that was drafted in 1950. Each of the numbered “articles” protects a basic human right. Taken together, they allow people to lead free and dignified lives. 47 states, including the UK, have signed up. That means that the UK commits to protecting the Convention rights. If a person’s rights are being breached, and they can’t get a remedy in the UK through the Human Rights Act, the Convention lets them take their case to the European Court of Human Rights.

3

Jargon Buster EU Withdrawal Agreement = Prime Minister Theresa May has agreed a deal with the EU on the terms of the UK's departure. It does not determine the UK-EU future relationship. It does include how much money the UK must pay to the EU as a settlement, details of the transition period, and citizens' rights. It also covers the so-called "backstop", which ensures that no hard border exists between Northern Ireland and the Republic of Ireland after Brexit even if there's no deal on the future relationship in place by the end of the transition period.

European Charter of Fundamental Rights = The Charter of Fundamental Rights sets out in a single document the fundamental rights protected in EU law. It brings together the rights found in the EU Court of Justice case law, the European Convention of Human Rights (ECHR) and rights and principles arising from the constitutional traditions of EU Member States and their membership of other international human rights treaties. The Charter is binding on EU institutions and on Member States when they are acting within the scope of EU law. If domestic law conflicts with a Charter right, judges are under a duty to “disapply” that law if it cannot be interpreted in a way which complies with the Charter. The Charter also forms part of the devolution settlements. Acts of the Scottish Parliament are invalid if they conflict with EU law, including the Charter. Similarly, Scottish Ministers do not have the power to act contrary to EU law, including the Charter.

World Trade Organisation (WTO) Rules = If countries don't have free-trade agreements, they usually trade with each other under rules set by the World Trade Organization. Each country sets tariffs - or taxes - on goods entering. For example, cars passing from non-EU countries to the EU are charged at 10% of their value. But tariffs on some agricultural products are much higher - dairy averages more than 35%. If the UK chooses to put no tariffs on goods from the EU, it must also have no tariffs on goods from every WTO member.

Transition Period = If Theresa May's deal is accepted, this period would last 21 months from Brexit day, on 29 March 2019, to 31 December 2020. It could be extended by up to two years if both the UK and the EU wanted. The transition is intended to allow time for the UK and EU to agree their future relationship. The UK would have no say in the making of new EU laws during the transition but would have to follow all EU rules, including freedom of movement.

Single Market = A system that enables goods, services, people and capital (money) to move between all 28 EU member states, as well as Iceland, Norway, Liechtenstein and Switzerland. Countries in the single market apply many common rules and standards. A UK company can sell its product (goods) in Portugal as easily as it can in Portsmouth, bring back the cash (capital), offer maintenance (services) and despatch a repair team (people). 4 What does SYP believe? Our democratically decided policies and manifestos on Brexit Lead The Way, SYP Manifesto 2016-21

On 12 March 2016, SYP Launched Lead the Way at their 59th National Sitting in Galashiels. The Manifesto has received 72,744 consultation responses from young people all over Scotland, and provides SYP with an incredible mandate to represent the views of young people.

"Scotland should remain a member of the European Union."* 66% agreement | March 2016 *Please note that this commitment came before the EU Referendum of June 2016 and should not be read as including SYP as part of either the leave or remain campaigns during and since the referendum.

"The voting age should be lowered to 16 for all elections and referendums in Scotland, the UK, and Europe." 70% agreement | March 2016

"The United Nations Convention on the Rights of the Child (UNCRC) should be fully incorporated into Scots Law, and the rights of children and young people should be protected and promoted." 76% agreement | March 2016

SYP Member and Committee Motion Policies

SYP Policy comes from the collective voices of Scotland's young people. Policy statements are derived from our youth manifesto, Members' Motions and Committee Motions that are voted upon by the Members of the Scottish Youth Parliament, and consultations with groups of young people on specific issues.

"The Scottish Youth Parliament believes that, irrespective of decisions regarding the extension of the voting franchise to 16 and 17 year olds, the EU referendum should be used as an opportunity to engage, inform and inspire all young people."* 98% agreement | March 2016 *Continuation of this policy will be voted upon at the 68th national sitting of SYP due to be held on 16 and 17 March 2019.

"The Scottish Youth Parliament believes that, given the UK’s membership of the Council of Europe, the UK should remain party to the European Convention on Human Rights." 90% agreement | October 2016

6 "The Scottish Youth Parliament recognises the contribution of 130,000 EU nationals to the UK health & social care sectors; and believes that EU nationals already living, working, and studying in the UK should be allowed to stay in the UK." 94% agreement | October 2016

"The Scottish Youth Parliament believes that the Scottish and UK Parliaments have an obligation under Article 12 of the UNCRC to fully and meaningfully engage with young people in discussions over Scotland’s and the rest of the UK’s future relationship with the European Union." 97% agreement | March 2017

"The Scottish Youth Parliament believes that the rights of young people in the workplace should be a priority in Brexit negotiations by both the Scottish and UK Governments, and that these rights should be respected and upheld as a key part of any exit from the EU." 92% agreement | March 2016

"The Scottish Youth Parliament welcomes the establishment of the Children and Young People’s Panel on Europe by the Scottish Government, Children in Scotland and Together (Scotland’s Alliance for Children’s Rights), and looks forward to seeing children and young people’s voices actively influence the ongoing Brexit negotiations." 73% agreement | October 2018

Read SYP's policy guide here.

7 Rights Outright: SYP's Brexit Manifesto WORKPLACE RIGHTS The rights of young people in the workplace should be a priority for the Scottish and UK Governments in the Brexit negotiations, and these rights should be respected and upheld as a key part of Brexit. PARTICIPATION Young people should have a far more official, meaningful voice and representative place in the Brexit negotiations now and throughout the process. Their right to participation under Article 12 of the United Nations Convention of the Rights of the Child must be met by both the Scottish and UK decision-makers.

EQUALITIES & RIGHTS PROTECTION The UK and Scottish Governments need to ensure children and young people’s equalities and rights protection is prioritised, enhanced and not weakened throughout the Brexit process. We call for the full incorporation of the UNCRC into Scots law and the strengthening of social and economic rights during Brexit. RIGHT TO REMAIN EU nationals already living, working, and studying in the UK need concrete assurances that they and their families will have the right to remain in the UK, with streamlined routes to permanent residency and naturalisation.

RIGHT TO HEALTH To ensure young people’s right to health, the EU (Withdrawal) Bill should be amended to include a statutory duty for the UK Government to undertake an independent evaluation with wide consultation of the impact of the Act and Brexit upon the health and social care sector across the UK. 8 Rights Outright: SYP's Brexit Manifesto

This manifesto was developed as part of SYP's national campaign on young people’s rights, Right Here, Right Now. SYP are campaigning for young people’s rights to be defended during the Brexit negotiations.

The five statements above have been identified as priorities and calls to action for Scottish and UK decision-makers by 495 young people aged 12- 25, who were consulted by MSYPs across Scotland between December 2017 and January 2018. Of the respondents, 90% were aged 17 or under, and therefore did not have the right to vote in the EU Referendum. Read the manifesto online here!

Young people prioritised a list of ten rights-based issues that came from SYP policy and relevant research from partner organisations. Like the 2014 Scottish Independence Referendum, it was agreed by SYP not to have a political stance to respect our value of impartiality. SYP's advocacy on Brexit has been entered around upholding young people's rights.

The manifesto was launched on January 16 2018 ahead of the House of Lords’ debate on the EU Committee's report, ‘Brexit: Deal or No Deal'. The manifesto formed the key foundation to the human rights based advocacy of SYP in Brexit during 2018 and into 2019.

9 SYP External Affairs Committee

The External Affairs, UK and International Relations committee have held a focus on Brexit for the past two years, more recently being lead by Bailey-Lee Robb, MSYP and Convener with support from Ryan Kelly, MSYP and Deputy Convener.

Over these past two years, the Committee have met with several stakeholders including Ross Greer MSP, who sits on our sister Scottish Parliamentary Committee, Lesley Laird, MP and Shadow Secretary of State for Scotland and many more.

This has been key in promoting our work on Brexit and what we want to see happen in this process, which is to get the best for Scotland's young people no matter the outcome.

We carried out work which lead to the production of our very own advocacy toolkit which we hoped members would use to encourage Brexit discussion with constituents but also what to discuss when meeting with key decision makers. We strongly encourage members to continue to use this over the coming weeks (and months to come depending on what happens next!)

Read the External Affairs Committee Brexit Advocacy Toolkit here!

10 Scottish Declaration on Human Rights

SYP supports the Scottish Declaration on Human Rights launched in February 2018. Currently it has 138 signatories across Scotland, including some of our National Voluntary Organisation members: Who Cares? Scotland, Carers Trust, and many of our partner organisations.

This has been developed by the Equality and Human Rights Commission, the Scottish Human Rights Commission, the Human Rights Consortium Scotland and the Scottish Council of Voluntary Organisations.

The Declaration calls on Holyrood, Westminster and Brussels to ensure that human rights are protected, promoted and not regressed during the Brexit process. The 4 principles are:

No going back

Progression

Transparency

Participation

The first principle is particularly important for us when asking for support for Withdrawal Bill Amendments, as since the EU Withdrawal Bill is simply meant to carry across EU law, it makes no sense that it is changing law around rights, particularly without consultation and participation which is, in of itself, a human rights principle.

Read the Scottish Declaration on Human rights online here!

11 What has SYP done? Our young people's rights based Brexit advocacy EU Referendum June 2016 Right Here, Right Now campaign launched October 2017

Westmister meetings Rights Outright Launch February 2018 January 2018

Scottish Cabinet meeting March 2018

Michael Russell MSP SYP65 & Brexit Event meeting April 2018 May 2018

CYP Panel on Europe launch September 2018

CPG Children & Young People October 2018 2019

13 Chronology of key advocacy

SCOTTISH UNIVERSITIES LEGAL NETWORK ON EUROPE MEETING — October 2017 On 27 October 2017, SYP’s External Affairs, UK and International Relations Committee met with Maria Fletcher from the University of Glasgow and the Scottish Universities Legal Network on Europe (SULNE) to develop an advocacy toolkit on Brexit. It includes analysis of the data which was drawn from the consultation conducted before SYP's 64th National Sitting at the Scottish Parliament in October 2017 with almost 50 responses, in addition to some specific questions young people can put to decision- makers based on these findings. More information on page 11.

RIGHT HERE, RIGHT NOW CAMPAIGN LAUNCH — October 2017 Following a consultation of more than 5000 young people in Scotland, MSYPs voted for a campaign on young people's rights in June 2017 as SYP's national campaign for the year ahead. As part of the Right Here, Right Now national campaign on young people’s rights, SYP felt that it was essential to have an objective to defend young people’s rights during the Brexit negotiations as part of its 'Advocacy' theme: to influence law, policy and practice in order to strengthen the protection of young people’s rights.

JOINT SYP-SCOTTISH PARLIAMENT COMMITTEE SESSION — October 2017 At the 64th SYP national Sitting, we held a Joint Committee Session with the Scottish Parliament’s Culture, Tourism, Europe and External Relations Committee on joint- working on Brexit, young people‘s participation in Brexit and to discuss issues such as education, the environment, the economy and citizens’ rights. This also included a pre- Sitting consultation which engaged 76 constituents on policy options for immigration in Scotland in the context of Brexit.

'RIGHTS OUTRIGHT' MANIFESTO LAUNCH — January 2018 SYP's Brexit manifesto Rights Outright was launched on 15 January 2018 ahead of the House of Lords Brexit debate. More information on pages 7 and 8.

CROSS-PARTY GROUP ON CHILDREN AND YOUNG PEOPLE — January 2018 MSYPs Jack Dudgeon, Amy Lee Fraioli and Maddie Brown represented SYP at a session of the Cross Party Group on Brexit in the Scottish Parliament where they presented the Rights Outright manifesto and highlighted key human rights concerns. Read the session minutes here.

SCOTTISH DECLARATION ON HUMAN RIGHTS LAUNCH — February 2018 Over 100 charities, campaign groups and civil society leaders joined forces to launch a new Scotland Declaration on Human Rights, calling for leadership to protect rights in the face of Brexit. SYP was involved in the creation of the Declaration and is a signed- up supporter. More information on page 10.

14 WESTMINSTER POLITICAL ENGAGEMENT MEETINGS — February 2018 On 19 and 20 February 2018, Jack Norquoy MSYP (Trustee) and Laura Pasternak (Public Affairs Officer) travelled to Westminster, London to meet seven key cross-party Brexit stakeholders. The trip aimed to promote the recently launched Rights Outright manifesto, Scottish Declaration on Human Rights, and to seek assurances for young people's rights in the EU Withdrawal Bill.

Meetings with: Alistair Carmichael MP, Hilary Benn MP, Tom Brake MP, staffer to Lord Michael Storey, Lord Andrew Adonis, Lord Jay of Ewelme, and Secretary of State for Scotland David Mundell MP.

CROSS-PARTY UK PARLIAMENT EARLY DAY MOTION — February 2018 "That this House congratulates the Scottish Youth Parliament on the launch of its campaign on young people's rights, Right Here, Right Now; notes that the members of the Scottish Youth Parliament consulted with over 5,000 young people before it selected its annual campaign topic; welcomes the publication of its Rights Outright: SYP’s Brexit Manifesto; further notes the priorities identified by Scottish young people consulted for their workplace rights, right to participation, equalities and rights protection, right to remain and right to health to be defended; and calls on UK decision-makers to ensure young people's rights are defended during the negotiations on the UK leaving the EU." See online here.

Lodged by Alistair Carmichael MP on 21 February 2018 with Paul Masterton MP (Conservative), Ian Murray (Labour), Martin Docherty-Hughes (SNP), Tom Brake (Lib Dem) and Hilary Benn (Labour). The EDM was backed by 31 MPs.

SCOTTISH CABINET MEETING WITH YOUNG PEOPLE — March 2018 Representatives from the Children's Parliament and SYP met with the full Scottish Cabinet for a historic second meeting of it's kind on 6 March 2018. As part of the meeting, the representatives raised pressing issues affecting children and young people in Scotland. Jack Norquoy MSYP (Trustee) raised the potential risks associated with Brexit for human rights legislation and young people's rights, calling for full incorporation of the UNCRC into Scots Law to protect these rights after Brexit. Read the progress from the 2018 Cabinet meeting here.

SYP65 AND EHRC SCOTLAND-SYP 'YOUTH ON BREXIT' EVENT — April 2018 Ahead of the 65th national sitting of SYP held in Saltcoats, North Ayrshire, SYP joined up with EHRC Scotland to deliver a 'Youth on Brexit' event. The event explored the potential consequences and advantages for human rights legislation after Brexit and offered MSYPs an opportunity to learn more and shape discussions.

15 MICHAEL RUSSELL MSP MEETING — May 2018 On 17 May, Jack Norquoy MSYP met with Michael Russell MSP, Scottish Government Minister for Constitutional Relations, to discuss SYP's campaign and the need for the Scottish Government to incorporate the UNCRC to protect young people's rights against a possible regression post Brexit. Jack and Mr Russell also discussed about joint efforts in the third sector to ensure protection of human rights legislation after Brexit and how to have greater youth involvement in the negotiations, with the Children and Young People's Panel on Europe being created as a result.

JUSTRIGHT SCOTLAND SEMINAR — June 2018 On 25 June, Jack Norquoy MSYP chaired a seminar hosted by JustRight Scotland in partnership with Together, CRFR and SYP on children and young people's rights and what Brexit means for this held in the University of Edinburgh. Alongside Juliet Harris, Director of Together, and Andy Sirel, Associate of JustRight Scotland and human rights lawyer and lecturer, Jack delivered a presentation on the work of SYP and our calls. Juliet and Andy gave presentations on human rights legislation and the concerns around cross-border families, care experienced young people and EU citizens.

BREXIT CAFES — September 2018 My Life My Say teamed up with SYP to run a series of Brexit Cafes in Scotland in September 2018. The Cafes are aimed at young EU citizens living in Scotland and young Scots, bringing them together to discuss the future UK-EU relationship and whether they believe the government is delivering on Brexit for future generations. The Cafes also offered as an opportunity to meet key decision-makers and discussions used as evidence for research by the London School of Economics. Cafes were held in Glasgow, Aberdeen and Edinburgh and were attended and some facilitated by MSYPs.

FESTIVAL OF POLITICS — October 2018 The 14th year of the Festival of Politics held by the Scottish Parliament featured a three-day programme of events tackling various subjects including the impact of Brexit. To celebrate The Year of Young People, the Scottish Parliament teamed up with SYP to co-deliver four events. Jack Norquoy MSYP chaired a debate to discuss Brexit and the future for young people.

CROSS-PARTY GROUP ON CHILDREN AND YOUNG PEOPLE — October 2018 On 25 October, Jack Norquoy MSYP joined members of the CYP Panel on Europe to deliver presentations on the work of SYP and the panel in relation to young people's rights and Brexit. Jack reiterated the urgency to incorporate the UNCRC to ensure the protection of human rights status in the Scotland before Brexit The session was attended by Maree Todd MSP, Minister for Children and Young People, Alex Cole Hamilton MSP, Kezia Dugdale MSP and representatives from third sector organisations. Read the session minutes here.

16 EU & EEA NATIONALS MEETING WITH BEN MACPHERSON MSP — November 2019 Last November we held a meeting with EU and EEA nationals (countries from outside of the UK), MSYPs and the Minister for Europe, Migration and international Development Ben Macpherson MSP about the impact Brexit will have on this valued cross-section of Scotland's society, for him to hear directly young people's views.

EVALUATION OF EFFECTS ON HEALTH AND SOCIAL CARE SECTORS BILL — 2018-19 SYP has been working closely with partner organisations to support the European Union Withdrawal (Evaluation of Effects on Health and Social Care Sectors) Bill (Bill 288) in the UK Parliament. This private member’s bill was introduced by Brendan O’Hara MP, on behalf of the Health and Social Care Alliance Scotland (the ALLIANCE), Camphill Scotland, SCVO and 101 organisations across the UK, including SYP.

Brendan O’Hara MP’s Bill will require the UK Government to make arrangements for an independent evaluation of the impact of the European Union (Withdrawal) legislation upon the health and social care sectors across the UK, and to consult the Scottish Government, the Welsh Government and the relevant Northern Ireland departments about these arrangements.

The private members bill acts upon manifesto point five in SYP's Brexit manifesto Rights Outright and backs our calls and policies to support EU nationals living, working and studying in the UK, many of whom work in the health and social care sector. The bill is due for a second reading in the UK Parliament and will be part of a general debate in Parliament on 19 March 2019 on the impact of leaving the EU on the UK’s health and social care sector. SYP encourages MSYPs to contact their MPs to attend the following debates:

Second reading of Bill on 22 March 2019 in the House of Commons. Backbench business debate on 19 March 2019, 9.30am.

If you need a briefing a briefing or template letter, please contact Laura (SYP's Policy and Public Affairs Manager) at [email protected] and find out who your local MP and their contact details when you search for them here. Feel free to tweet them:

Hi [@NameMP], please show up and support @BrendanOHaraSNP'S Private Members Bill on Wednesday 22/03 to assess Brexit's impact on health and social care services! #SYPrights #Brexit

Hi [@NameMP], please show up and support @BrendanOHaraSNP'S Private Members Bill on Wednesday 22/03 — this is something that Scotland's young people care about! See SYP's Brexit Manifesto here: https://bit.ly/2DAcfQi #SYPrights #Brexit

17 UPCOMING EVENTS — March 2019 Third Scottish Cabinet meeting with young people, Bute House — 5 March 2019 68th national sitting of SYP, Midlothian — 16 and 17 March 2019 Political Studies Association Brexit Debate, British Library London — 18 March 2019

END NOTE This is a summary of the key national Brexit related advocacy SYP has undertaken since October 2017. Readers should note that throughout this period, SYP's 160+ democratically elected MSYPs have regularly met with their local MPs, MSPs and other decision-makers or communities of interest to present the Rights Outright manifesto, Right Here, Right Now campaign and to seek assurances on several Brexit related issues facing young people.

Scottish Government 'Continuity Bill'

On 27th February 2018, the Scottish Government introduced its own "Continuity Bill". This is a contingency in case MSPs refuse to give legislative consent to the EU (Withdrawal) Bill going through Westminster. Similar to the EU (Withdrawal) Bill, the Continuity Bill translates existing EU law in devolved areas into domestic (Scots) law.

However, whilst the EU (Withdrawal) Bill removes the Charter, the Continuity Bill seeks to preserve it as part of Scots law after Brexit. The Continuity Bill is "emergency legislation" so will be fast-tracked through the Scottish Parliament.

The Continuity Bill passed in the Scottish Parliament after more than 20 hours of debate with a margin of 95 votes for and 32 votes against. Find out more about the Continuity Bill here.

18 Children & Young People's Panel on Europe

The Children and Young People’s Panel on Europe, a group supported by national charities Children in Scotland and Together (Scottish Alliance for Children’s Rights) and funded by the Scottish Government was established to ensure that the views of children and young people inform decision-making processes around Brexit.

MSYPs Bailey Lee Robb and Jack Norquoy represent SYP on the Panel alongside 17 children and young people aged 8-19 from across Scotland after an application period. Members have been exploring the effect exiting the EU could have on children and young people since the project launched in August 2018 and released their findings on 21 March 2019 in the report 'Listen to us'.

The Panel’s key recommendations include: On EU funding: Continued contribution to Erasmus+ by the UK and Scottish governments, allowing young people to study, volunteer and participate in youth work projects in the EU and young people from the EU to study, volunteer and participate in youth work projects in the UK.

On opportunities to work, study and travel abroad: Visas should not be required for travel inside the EU; this must be supported by continued co-operation on security to ensure that young people are safe from crime.

On the economy, trade and jobs: UK Government should keep all workers’ rights that the EU gives to workers – the Panel wants Scotland to be a world leader in the way workers are treated.

Panel members also want all children, young people and their families to learn more about their human rights, and expressed concern about a lack of child-friendly resources to help them make informed choices about Brexit and our future relationship with the EU. Read the full report here!

19 Where are we going? Brexit day, 29 March 2019 — deal or no deal? Where are we now? ... correct as of 05/03/2019

The UK is due to leave the EU at 11pm on March 29 2019. The negotiations to leave are part of a process called 'Article 50' which is part of the EU founding rules. The Article 50 process states that if a member nation seeks to leave there will be a two year negotiations period and for the UK Brexit talks this will end on March 29. The UK Government has repeatedly stated they intend to leave on March 29 whether a deal has been achieved or not.

The Prime Minister Theresa May negotiated a deal called the 'EU Withdrawal Agreement' on how we leave with the EU in November 2018. This deal must be passed by MPs in the UK Parliament in a so-called 'meaningful vote'. Since November 2018, Theresa May has been working to persuade enough MPs to back her deal which she has not yet been able to achieve.

Theresa May put her deal to a first meaningful vote on 15 January 2019 but lost by 230 votes. MPs are unhappy with the deal for a host of reasons, primarily around an issue called the 'Irish backstop' within the Prime Minister's deal. Whats the Irish Backstop? Currently, there are no border posts, physical barriers or checks on people or goods crossing the border between Northern Ireland and the Republic of Ireland. The backstop is a measure in the withdrawal agreement designed to ensure that continues after the UK leaves the EU. It comes into effect only if the deal deciding the future relationship between the UK and EU is not agreed by the end of the transition period (31 December 2020). Until the deal on the future relationship is done, the backstop would keep the UK effectively inside the EU's customs union but with Northern Ireland also conforming to some rules of the single market. Some who campaigned to leave the EU argued that the UK should be out of the customs union. Critics say a different status for Northern Ireland could threaten the existence of the United Kingdom and fear that the backstop could become permanent.

As a ‘concession’, EU leaders have offered to look again at the non-legally binding political declaration. European Commission (EU civil service) leader, Jean Claude Junker, has agreed the talks between the UK and EU will be around assurances the EU can make around the backstop, alternatives that can be looked at to the backstop, and how the political declaration can be beefed up. Talks to seek changes and called for assurances to the Irish backstop continue between the UK and EU.

On 26 February, Theresa May announced that a second meaningful vote on her deal would be held before 12 March. In addition, if MPs reject this again, it was announced by Theresa May that a vote would be held on 13 March on leaving with no deal, and if this was rejected, a vote on 14 March for an extension to Article 50 would be held. On 27 February, Parliament voted to endorse Theresa May's new strategy as outlined above. So as we move into March all eyes should be on what progress Theresa May can strike with the EU and whether this meets demands in Parliament. If not, debates around extending Article 50, a second referendum or accepting no deal will intensify. 21 What will Brexit mean for human rights?

While we remain a member of the EU, equality and human rights in EU law protect us in the UK. These include:

the Charter of Fundamental Rights of the European Union. many of our equality and non-discrimination rights are protected by EU law.

Until the UK formally leaves, EU law applies in the UK either directly in some instances, or when it is written into UK law, such as when an Act of Parliament is passed to apply an EU directive.

The Charter of Fundamental Rights of the European Union brings together the essential human rights of everyone living in the European Union. When the UK leaves the EU, the UK Government have said the Charter will no longer have effect in UK law.

The European Convention on Human Rights protects the human rights of people in countries that belong to the Council of Europe, which is a completely different organisation to the EU. The UK will still be signed up to the ECHR when it leaves the EU. In the UK our human rights under the ECHR are protected by the Human Rights Act 1998.

Leaving the EU does not affect our rights under the ECHR, as this comes from the Council of Europe, not the EU. The impact of Brexit on our equality and human rights will depend on the laws that are passed to deal with leaving the EU.

Losing the Charter could create gaps in rights protection due to the higher level of protection offered by the Charter. The Charter enhances ECHR rights such as the right to education. It includes some UNCRC rights, including include the right to care and protection, to express views freely, in accordance with their age and maturity, the principle of best interests being a primary consideration and the right to know both parents. It's scope is also broader than other rights protections in that it contains stronger rights on data protection and migration law, and it extends the right to a fair trial under Article 6 of ECHR to civil and administrative proceedings (as well as criminal), including immigration decisions.

22 Rights of EU Citizens in UK

Under the Withdrawal Agreement, the more than 3 million EU citizens currently living in the UK have the right to stay. This also applies to their children and to partners in existing “durable relationships”. The Withdrawal Agreement has not yet been passed in the UK Parliament (as correct of 4 March 2019).

However, there is nothing automatic about this: no matter how long an EU citizen has lived here, they must apply for the right to stay under the government’s ‘settled status’ scheme. In January 2019, the UK Government announced there would no longer be a £65 charge for applicants. Failing to apply will mean that people will end up with no legal right to live and work in this country.

What if there a no deal Brexit? The UK and Scottish Governments and the EU have made clear their commitment and support to EU citizens living in the UK whatever Brexit outcome their is. If it is a no deal, the UK will continue to run the EU Settlement Scheme for those resident in the UK by 29 March 2019. The basis for qualifying for status under the scheme will remain the same as proposed in a ‘deal’ scenario and will be focused on residence in the UK. This means that any EU citizen living in the UK by 29 March 2019 will be eligible to apply to this scheme, securing their status in UK law.

However, if it is a no deal, the guarantee only applies to (1) EU citizens who are resident in the UK by 29 March 2019 and (2) those EU citizens and their family members resident here by 29 March 2019 would have until 31 December 2020 to apply for a status under the EU Settlement Scheme (but with no six-month ‘grace period’ beyond this). The new UK immigration system would be implemented from 1 January Health2021 as planned. and EU citizensSocial would Care have the right to challenge a refusal of UK immigration status under the EU Settlement Scheme by way of administrative review and judicial review, in line with the remedies generally available to non-EEA nationals refused leave to remain in the UK.

Erasmus+ Funding

SYP have been lobbying decision-makers to ‘Keep Erasmus Plus’, in support of Youth Link Scotland’s campaign. See more information here.

Brexit places our membership in the Erasmus+ funding programme into uncertainty. The UK Government and the EU haven't agreed our future place in Erasmus+ after the end of the current participation period 2014-2020. The UK Government have made assurances to continue existing funding in the event of no deal. Countries like Iceland, Norway and Turkey, who aren’t members of the EU, still participate as partners in Erasmus+, each with a unique model of participation. See more here.

23 Workplace Rights

At the moment, a lot of workers’ rights and protections stem from EU Law. These cover areas such as: Limits on how much time employees can be required to work each week Maternity and paternity leave Health and safety Protections from discrimination and harassment at work

The UK has its own laws in place on these issues that comply with the requirements of EU law. Once we leave the EU, the UK Parliament would be able to change our laws so that our protections could move away from or retain the standards provided by the EU.

The Withdrawal Agreement says workers’ rights won’t be reduced below EU Standards right until the end of the transition period at the end of 2020. This is being called a ‘non-regression’ clause. Crucially though, it doesn’t make any promises about what will happen to workers’ rights after the transition period has ended.

The Agreement also reaffirms the UK’s commitment to implementing the International Labour Organization Conventions that it has ratified.

On February 27, the UK Government adopted proposals from Alberto Costa MP to guarantee workers' rights in “whatever the outcome of negotiations on other aspects of the withdrawal agreement”. The 'Costa Amendment' secured support from over 130 cross-party MPs.

Travel and Movement

The UK Government is committed to leaving the single market and customs union once we leave the EU. This will mean the end to freedom of movement which is one of four foundational freedoms to the single market area. This means visa-free access for UK citizens to EU nations and European Free Trade Association nations Norway, Iceland, Lichtenstein and Switzerland will come to an end.

24 Useful resources RIGHTSINFO This web resource from RightsInfo is also a really goodway to learn more about Brexit and rights, in accessible language with cool graphics. www.rightsinfo.org

SCOTTISH GOVERNMENT LATEST Learn the latest announcements, preparations, provisions and advice announced by the Scottish Government. www.mygov.scot/eu-exit/

UK GOVERNMENT LATEST Learn the latest announcements, preparations, provisions and advice announced by the Scottish Government. www.euexit.campaign.gov.uk

HRCS SCOTLAND INFORMATION https://hrcscotland.org/brexit-resources-and-information/

SYP Contact Policy and Public Affairs Manager, Laura Pasternak [email protected] 01315570452