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.