1 Public Law and Brexit 22 February to 3 March 2021 2 Public Law and Brexit 22 February – 3 March 2021 DELEGATE PACK* Contents Page Agenda and speaker biographies 4-13 What are the enforceable provisions of the Withdrawal Agreement? (22 14 February, 9:00-10:30) Presentation, David Heaton Presentation, Leonie Hirst Delegated powers and statutory instruments (23 February, 9:00-10:30) 21 Plus ça change? Brexit and the flaws of the delegated legislation system, by Alexandra Sinclair and Dr Joe Tomlinson Environment (25 February, 14:00-15:30) 61 The agreement on the future relationship: a first analysis, by Marley Morris Presentation, Carol Day 74 Immigration and the EUSS (1 March, 9:00-10:30) What is the law that applies to EU nationals at the end of the 77 Brexit transition period? The 3million submission to the Independent Monitoring Authority 89 What to expect for EU Citizens’ Rights in 2021 135 *Please note this pack may be updated throughout the conference. A final version will be circulated with all presentations and recordings after the fact. 4 Agenda Monday 22 February 9:00-9.10: Introduction Jo Hickman, Director and Alison Pickup, Legal Director, Public Law Project 9.10-10.10: The enforceable provisions of the Withdrawal Agreement Chair: Alison Pickup, PLP Professor Catherine Barnard, Cambridge University Faculty of Law David Heaton, Brick Court Chambers Leonie Hirst, Doughty Street Chambers 14.00-15.30: What is retained EU law? Chair: Alison Pickup, PLP Tim Buley QC, Landmark Chambers Professor Tarunabh Khaitan, Oxford University Emma Mockford, Brick Court Chambers James Segan QC, Blackstone Chambers Tuesday 23 February 9.00-10.30: Delegated powers and statutory instruments Chair: Alison Pickup, PLP Adrian Berry, Garden Court Chambers Dr Ruth Fox, Hansard Society Tom de la Mare QC, Blackstone Chambers Alexandra Sinclair, PLP and London School of Economics 14.00-15.30: Equality and human rights Chair: Lewis Graham, PLP Rachel Jones, Blackstone Chambers Shu Shin Luh, Doughty Street Chambers Karon Monaghan QC, Matrix Chambers Ollie Persey, Garden Court Chambers Professor Iyiola Solanke, Leeds University School of Law Thursday 25 February 9.00-10.30: Trade Eleonor Duhs, Fieldfisher Dr Brigid Fowler, Hansard Society Professor Dr Holger Hestermeyer, Kings College London Anneli Howard, Monckton Chambers 14.00-15.30: Environment Chair: David Wolfe QC, Matrix Chambers Ruth Chambers, Greener UK Carol Day, Leigh Day Marley Morris, IPPR Hatti Owens, ClientEarth Monday 1 March 9.00-10.30: Immigration and the EUSS Chair: Christian Davies, PLP Paul Bowen QC, Brick Court Chambers Simon Cox, Doughty Street Chambers Luke Piper, the 3million Mala Savjani, Wilsons and Here for Good 5 14.00-15.30: International Perspectives on Brexit Dr Julinda Beqiraj, BIICL The Rt. Hon. The Lord keen of Elie QC Professor Anand Menon, Director, UK in a Changing Europe and King s College London Wednesday 3 March 10.00-10.50: Closing Conversation, with Emma Foubister (Matrix Chambers) and Sir Jack Beatson 6 Professor Catherine Barnard, University of Oxford Faculty of Law Catherine Sarah Barnard, FBA is a British legal scholar, who specialises in European Union, employment, and competition law. She has been Professor of European Union and Employment Law at the University of Cambridge since 2008. Sir Jack Beatson Sir Jack Beatson FBA studied law at Brasenose College Oxford and obtained first class degrees (BA and BCL). Called to the bar (Inner Temple) in 1973, he became a bencher in 1994 and was appointed Queen’s Counsel in 1998. In 2000 he was awarded a higher doctorate (DCL) by the University of Oxford for distinction by original contribution to the advancement of the study of law. He was until February 2018 a member of the Court of Appeal of England and Wales. Between 2003 and 2012, he was a Judge of the High Court, primarily sitting in the Commercial Court and the Administrative Court. He had previously combined academic and public roles with a mixed commercial and public law practice at what is now Essex Court Chambers (which he joined in 1983). He was the Rouse Ball Professor of English Law at Cambridge University and a Fellow of St John’s College, Cambridge between1994 and 2003, a member of what is now the United Kingdom’s Competition Commission between 1995 and 2001, a Law Commissioner for England and Wales between 1989 and 1994, and before that had been a Fellow of Merton College Oxford and a Lecturer in the Faculty of Law at the University of Oxford. His commercial litigation and arbitration practice included shipping, insurance, banking and finance, sales and energy law, and issues of construction and jurisdiction. His public law practice included economic regulation, trade union law and judicial review of decisions about the terms and conditions of public employees such as police officers. He led the Law Commission’s work on contract and commercial law, civil evidence, damages, administrative law, and financial services. At the Competition Commission the inquiries he served on included those into London Airports, the supply and pricing of milk, Northern Ireland electricity, and the provision of services such as chemotherapy at the homes of seriously ill patients. His arbitration experience included acting as counsel in an ICC arbitration about a claim for some £500 million under a contract of sale. Sir Jack was one of the founding editors of Arbitration International, serving between 1985 and 1989 when he had to resign on joining the Law Commission. He has authored and edited leading legal texts including Anson’s Law of Contract (27th – 31st eds.), Chitty on Contract, co-editor (25th – 28th eds.), Good Faith and Fault in Contract Law (author & joint editor OUP 1995). After retiring from the Bench, Sir Jack returned to Chambers and now accepts appointments as arbitrator or mediator; and as an expert on English Law. Dr Julinda Beqiraj, British Institute of International and Comparative Law Dr Julinda Beqiraj is the Maurice Wohl Senior Research Fellow in European Law. She works on a number of projects, including one on the role of the rule of law in the context of the 2030 Sustainable Development Goals, and one on barriers and solutions to access to justice across jurisdictions. She is also involved in the organization of Bingham Centre events on these issues. Julinda also works as an expert consultant for the Council of Europe, Commission on the Efficiency of Justice (CEPEJ). Prior to joining the Bingham Centre in 2014, Julinda worked for several years as research fellow and lecturer in international law at the University of Trento, where she taught courses on public international law, EU law and international economic law. She holds a Ph.D. from the School of International Studies in Trento and her doctoral dissertation focused on the international protection of the economic and social rights of migrant workers. Julinda has published on topical issues of public international law and has carried out research in a series of projects covering subjects, such as, international migration, international economic law, regional human rights protection in Europe, European Union law, child labour issues, international humanitarian law and international criminal law. Adrian Berry, Garden Court Chambers Adrian Berry is a barrister at Garden Court Chambers. His practice spans a range of inter-related public law areas concerning citizenship and nationality, immigration, human rights, international protection, homelessness and destitution, equality, community care, and social assistance/social security. He has a particular interest in EU law and international mobility regimes. At the Court of Justice (CJEU) he has appeared in the free movement cases of Chen, Teixeira, and Dias among others. Recently he has been working on mobility issues arising out of the UK’s EU Withdrawal Agreement and the Trade and Cooperation Agreement. He writes a blog on migration, citizenship, and free movement called Cosmopolis (cosmopolismigration.com). He also has a blog on Nationality and Citizenship 7 law (nationalityandcitizenshiplaw.com). He was Chair of the Immigration Law Practitioners’ Association (ILPA) for eight years and is now a Patron of ILPA and Convenor of its Legislation Working Group. Paul Bowen QC, Brick Court Chambers Paul Bowen QC practises across the spectrum of public and administrative law, often with significant human rights, EU or other international law elements. He has particular expertise in crime and regulatory cases with a public law flavour. His recent experience includes cases involving the privilege against self- incrimination in tax and fraud investigations, international transfer of prisoners, the legality of the death penalty, the government’s counter-extremism policy, cross-border taxation enforcement, privacy and data protection in relation to the harvesting of online profiles, the regulation of the telecoms industry and investigations in the renewable energy sector, among others. Tim Buley QC, Landmark Chambers Tim Buley QC specialises in all areas of public and regulatory law, human rights, and planning and environmental law. He is recognised as a leading silk across eight areas in Chambers UK Bar 2021 and the Legal 500 2021. Immediately prior to his appointment to silk in 2019, Tim was the only junior named in Band 1 in both directories in Public Law (“probably the leading junior at the Administrative Law Bar”, ) and was top ranked in five practice areas. He was nominated as Chamber’s Public and Human Rights Junior of the Year in 2017. The current edition of the Legal 500 describes him as “clearly one of the most talented public lawyers of his generation of rising silks” and Chambers UK says that “when he’s your opposition, your heart sinks because he is so good”. Tim’s practice covers the full range of public law work, from commercial and regulatory matters, planning and the environment, through constitutional and EU law, local government and healthcare, to civil liberties and human rights, immigration, and social welfare.