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The Gov has just published its draft UK-EU trade agreement. Follows the EU draft agreement published in March.
Some significant differences on labour and social standards that are relevant for #ukemplaw.
Some brief early thoughts [thread]
Some significant differences on labour and social standards that are relevant for #ukemplaw.
Some brief early thoughts [thread]
1/
UK draft is here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/886010/DRAFT_UK-EU_Comprehensive_Free_Trade_Agreement.pdf
EU draft is here: https://ec.europa.eu/info/sites/info/files/200318-draft-agreement-gen.pdf
UK draft is here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/886010/DRAFT_UK-EU_Comprehensive_Free_Trade_Agreement.pdf
EU draft is here: https://ec.europa.eu/info/sites/info/files/200318-draft-agreement-gen.pdf
2/
The key issue was always going to be the 'non-regression clause'. EU want a 'harder' clause that prohibits regression below common standards (i.e. EU law) as at the end of transition. UK want 'softer' clause modelled on existing EU FTAs.
The key issue was always going to be the 'non-regression clause'. EU want a 'harder' clause that prohibits regression below common standards (i.e. EU law) as at the end of transition. UK want 'softer' clause modelled on existing EU FTAs.
3/
Relevant part of the EU draft is Art. LPFS 2.27.
This is a hard obligation ("shall not") prohibiting reduction of labour protections below "common standards" as at the end of transition (i.e. EU law).
This broadly reflects the Political Declaration (para 77).
Relevant part of the EU draft is Art. LPFS 2.27.
This is a hard obligation ("shall not") prohibiting reduction of labour protections below "common standards" as at the end of transition (i.e. EU law).
This broadly reflects the Political Declaration (para 77).
4/
The EU agreement also contains Art. LPFS 2.28.
If both parties raise labour standards above common levels at the end of transition, regression from that new raised level is prohibited (again 'shall not').
Probably goes beyond the PD.
The EU agreement also contains Art. LPFS 2.28.
If both parties raise labour standards above common levels at the end of transition, regression from that new raised level is prohibited (again 'shall not').
Probably goes beyond the PD.
5/
Relevant part of the UK draft is Art. 27.4 (copy of Art. 23.4 CETA).
Soft and hard obligations. Parties "recognise it's inappropriate" to reduce labour standards to encourage trade. Parties "shall not" fail to enforce labour standards.
Not really a non-regression clause
Relevant part of the UK draft is Art. 27.4 (copy of Art. 23.4 CETA).
Soft and hard obligations. Parties "recognise it's inappropriate" to reduce labour standards to encourage trade. Parties "shall not" fail to enforce labour standards.
Not really a non-regression clause
6/
UK draft also contains this general clause about no direct effect on persons.
Will need to ponder this further...
UK draft also contains this general clause about no direct effect on persons.
Will need to ponder this further...
7/
In summary the drafts broadly reflect the positions the UK and EU have taken on labour standards over the past few months.
I discuss these issues in more detail in Chapter 6 of this Library Briefing: https://commonslibrary.parliament.uk/research-briefings/cbp-8852/
In summary the drafts broadly reflect the positions the UK and EU have taken on labour standards over the past few months.
I discuss these issues in more detail in Chapter 6 of this Library Briefing: https://commonslibrary.parliament.uk/research-briefings/cbp-8852/
8/
Final point. The UK Gov promised to legislate to provide basic protections for retained EU workers' rights in the Employment Bill. No sign yet when this will be introduced.
Background in this Library Insight:
[ends] https://commonslibrary.parliament.uk/brexit/legislation/workers-rights-and-the-new-eu-withdrawal-agreement-bill/
Final point. The UK Gov promised to legislate to provide basic protections for retained EU workers' rights in the Employment Bill. No sign yet when this will be introduced.
Background in this Library Insight:
[ends] https://commonslibrary.parliament.uk/brexit/legislation/workers-rights-and-the-new-eu-withdrawal-agreement-bill/
