Back to business? Johnson tries to move on from Partygate scandal

Prime Minister pledges Brexit Freedoms Bill to cut EU red tape

A new ‘Brexit Freedoms’ Bill will be brought forward by Prime Minister Boris Johnson, to mark the two-year anniversary of ‘Getting Brexit Done’.

  • ‘Brexit Freedoms’ Bill will be brought forward to end to the special status of EU law and ensure that it can be more easily amended or removed
  • Major cross-government drive to cut £1 billion of red tape for businesses and improve regulation
  • Announcement follows PM’s New Years Day pledge to go “further and faster” to maximise the benefits of Brexit in 2022

A new ‘Brexit Freedoms’ Bill will be brought forward by the government, under plans unveiled by the Prime Minister, Boris Johnson, to mark the two-year anniversary of Getting Brexit Done.

The Bill will make it easier to amend or remove outdated ‘retained EU law’ – legacy EU law kept on the statute book after Brexit as a bridging measure – and will accompany a major cross-government drive to reform, repeal and replace outdated EU law.

These reforms will cut £1 billion of red tape for UK businesses, ease regulatory burdens and contribute to the government’s mission to unite and level up the country.

Many EU laws kept on after Brexit were agreed as a messy compromise between 28 different EU member states and often did not reflect the UK’s own priorities or objectives – nor did many receive sufficient scrutiny in our democratic institutions.

Having regained our independence, we can now ensure that our regulations are tailor-made to the UK’s own needs. However, under current rules, reforming and repealing this pipeline of outdated EU law would take several years because of the need for primary legislation for many changes, even if minor and technical.

The new legislation will ensure that changes can be made more easily, so that the UK can capitalise on Brexit freedoms more quickly.

The Bill is also expected to end the special status that EU law still enjoys in our legal framework. Despite our exit from the bloc, EU laws made before 1 January 2020 continue to have precedence in our domestic framework. This is simply not compatible with our status as a sovereign, independent country and the government will bring it to an end as quickly as possible.

Officials across government are currently reviewing all EU retained laws to determine if they are beneficial to the UK. It is right that people know how much EU-derived law there is and how much progress government is making to reform it, so the government will make this catalogue public in due course.

The Prime Minister, Boris Johnson, said: “Getting Brexit Done two years ago today was a truly historic moment and the start of an exciting new chapter for our country.

“We have made huge strides since then to capitalise on our newfound freedoms and restore the UK’s status as a sovereign, independent country that can determine its own future.

“The plans we have set out today will further unleash the benefits of Brexit and ensure that businesses can spend more of their money investing, innovating and creating jobs.

“Our new Brexit Freedoms Bill will end the special status of EU law in our legal framework and ensure that we can more easily amend or remove outdated EU law in future”.

The Attorney General, Suella Braverman, said: “Setting up a mechanism to deal with these legacy EU rules is essential. It underpins our ability to grasp important opportunities provided by Brexit.

“It means we can move away from outdated EU laws that were the result of unsatisfactory compromises within the EU, some of which the UK voted and lobbied against – but was required to adopt without question.

“These rules often had limited meaningful parliamentary scrutiny, and no democratic legitimacy in the UK at all. It is vital that we take the steps necessary, in this Parliament, to remove unnecessary rules altogether, and where regulation is needed, ensure that it meets the UK’s objectives.

“This work is key to us taking charge of our regained sovereignty which the British people voted for in 2016 and 2019”.

Chancellor of the Duchy of Lancaster, Steve Barclay, said: “Leaving the EU has given us the opportunity to establish our own rules for how we live and govern our lives in Britain, from how our farmers are funded, our data is managed to unlock more innovation, and our public procurement spent in ways that unlocks greater social value.

“These reforms will cut £1 billion of EU red tape for businesses and provide them with exciting new opportunities to flourish.

“The Brexit Freedoms Bill will continue to make it easier to remove cumbersome EU laws which were initially retained to ease our transition but which do not meet the future needs of the UK.”

Alongside today’s announcement, a new policy document ‘The Benefits of Brexit: how the UK is taking advantage of leaving the EU’ will set out how the government is using new freedoms in different sectors to transform the UK into the best regulated economy in the world.

From artificial intelligence and gene editing to the future of transport and data protection, these reforms will create a new pro-growth, high-standards regulatory framework that gives businesses the confidence to innovate, invest and create jobs. This includes:

Data and AI – moving in a faster, more agile way to regulate new digital markets and AI and creating a more proportionate and less burdensome data rights regime compared to the EU’s GDPR.

Infrastructure and Levelling Up – modernising outdated vehicle standards, improving public procurement so that we can more easily exclude poorly performing suppliers and enhancing our public health system by reforming clinical trials and medical devices legislation.

Climate, the Environment and Agriculture – reforming our environmental regulation, 80% of which came from the EU, to deliver cleaner air, create new habitats, and reduce waste, while changing the rules on gene edited organisms, to enable more sustainable and efficient farming.

Business and Industry – establishing a domestic subsidy control regime to allow us to better support the UK economy, taking an ambitious approach in financial services areas previously regulated by the EU and simplifying unnecessary reporting burdens for small and medium-sized companies.

Global Britain – making the most of an unprecedented opportunity to forge new alliances and strengthen our partnerships around the world. The interests of the British people now lie at the heart of everything we do around the world – from our trade policy to our sanctions policy.

The government’s recent Plan for Growth sets out how our approach to regulation is changing to focus on delivering growth and innovation. In support of these objectives, the Government has today set out five new regulatory principles to further guide that approach.

Today’s announcement also builds on the ‘significant progress’ already made since the UK delivered Brexit on 31 January 2020, including:

  • Ending free movement and taken back control of our borders – replacing freedom of movement with a points-based immigration system and making it easier to kick out foreign criminals.
  • Securing the vaccine rollout – streamlining procurement processes and avoiding cumbersome EU bureaucracy to deliver the fastest vaccine rollout anywhere in Europe last year.
  • Striking new free trade deals – with over 70 countries including landmark deals with Australia and New Zealand. We have also launched negotiations on a trade deal with India – a market of 1.4 billion people.
  • Cutting back on EU red tape – including ending the Tampon Tax and simplifying complex EU alcohol duty rates.
  • Strengthening our standards – allowing the UK to go further than the EU and set improved environmental, animal welfare and product safety standards.

Cross-Party support: Russell and Purvis join pro-EU organisation as honorary presidents

Scotland’s leading pro-European campaigning body, the European Movement in Scotland (EMiS), has underlined its cross-party credentials by choosing a former SNP cabinet secretary and a former Conservative MEP as its new honorary presidents.

Mike Russell, MSP until May this year and former Scottish Government cabinet secretary for Constitution, Europe and External Affairs, and John Purvis, a Tory MEP for 15 years, jointly take over the post bequeathed to them by (Lord) Ming Campbell, the LibDem peer.

They were unanimously confirmed in their new posts at the EMiS annual general meeting in Edinburgh which reaffirmed its commitment to Scotland rejoining the European Union as soon as possible – whether in its own right as an independent state or as part of the UK. As a non-party/cross-party body EMiS is neutral on Scottish independence.

Separately, EMiS is to launch a campaign for Scotland and/or the UK to rejoin the single market and customs union as the devastating economic and social effects of Brexit are revealed daily.

The launch will coincide with the latest EMiS webinar debate on the same topic on December 8 (see here for details: https://www.eventbrite.co.uk/e/webinar-should-we-re-join-the-single-market-andor-customs-union-tickets-211307254687).

Speakers include:

  • Philippa Whitford MP, SNP Commons spokesman on Europe (and health);
  • David Broucher, a former UK diplomat/ambassador in, among other places, Bonn and Prague;
  • Peter Sellar, an EU lawyer specialising in regulatory affairs and author of a paper on this topic for the Scottish Independence Convention.

David Clarke, Vice-Chair of EMiS commented: “Our choice of new Honorary Presidents underlines the cross-party consensus in Scotland for rejoining the European Union, with membership of the single market and customs union a first stage.

“John Purvis is a long-standing Conservative with deep roots in the EU and European financial services, while Mike Russell’s commitment to Europe as an SNP politician, minister and thinker is unmatched. Our campaign to rejoin the EU steps up a gear with our latest webinar on 8th December and throughout 2022.”

Strengthening links to Europe

Researchers based in Scotland and Europe can apply to a new £3 million scheme aimed at repairing research links with the EU following the damaging impact of Brexit.

Hundreds of European research and innovation projects are expected to benefit from the Scottish Government’s Saltire Research Awards.

The fund, delivered via the Scottish Funding Council and Royal Society of Edinburgh, will be open to all research disciplines including arts, humanities and social sciences and multidisciplinary projects.

Higher and Further Education Minister Jamie Hepburn (above) said: “Scotland’s excellence in research and innovation is one of our greatest assets and our international connections are vital to maintaining and extending this.

“Many of our most effective collaborations are with partners in Europe and our new £3 million fund will help Scotland reinvigorate and repair vital research partnerships with Europe following the uncertainty caused by Brexit in recent years. This is crucial especially for our successful participation in Horizon Europe.

“Research collaboration has been crucial during the pandemic and will continue to be critical in addressing the net zero transition and other global challenges. Scotland’s future continues to firmly include European research collaboration and now is the time to help our researchers grow these important partnerships.”

Karen Watt, Chief Executive of the Scottish Funding Council, said: “Collaboration with European institutions has been vital for Scotland’s world-leading status in university research and their success in winning European research grants and contracts.

“The funding announced today will help keep those research partnerships going and enable us to attract top international research talent.

“We very much welcome this funding and look forward to the impact it will have across the sector.”

Professor Dame Jocelyn Bell Burnell, interim President of the Royal Society of Edinburgh said: “Programmes such as the Saltire Research Awards play an important role in supporting research excellence and maintaining Scotland’s reputation as a world leader in research.

“We look forward to working with the Scottish Government and Scottish Funding Council to making the awards a success”.

Consumers face delivery fee hikes amid post-Brexit confusion

Which? is calling on the government and businesses to make the new costs of buying from EU-based retailers clear and increase the public’s awareness of these changes so consumers are not left with unexpected fees or scammed into paying unnecessary charges.

For many consumers, import charges and confusing returns policies have made shopping with EU retailers after Brexit much more difficult than it used to be.

According to a Which? survey of more than 2,000 members of the public, two in five (42%) people who ordered products online between the end of the Brexit transition period on 1 January and 16 February experienced some issues.

While delays were the most common issue cited by those who ordered products online – with one in four people (24%) experiencing delays – the consumer champion’s research revealed that one in ten people (11%) have been asked to pay additional handling or delivery fees.

Which?’s survey showed the average charge was £41, with some people paying up to £300.

A lack of clear, accessible and well signposted information on how online shopping has been affected since the end of the Brexit transition period means many of these new charges and processes haven’t been communicated clearly and have come as a shock to consumers.

Which? is calling on the government and businesses to make these new costs clear to consumers so they are not left out of pocket.

The government must work to make the processes for how these costs are charged as simple as possible for both businesses and consumers. Businesses must also be upfront about whether the item is being imported from outside the EU and the charges consumers will have to pay if this is the case.

Which? has received multiple queries from consumers on this issue and has regularly published the most up to date information available on the charges consumers can expect when shopping from the EU.

Currently, UK shoppers are charged VAT at 20 per cent, which is applied to most goods. If the total cost of the order is more than £135 or a gift is over £39, VAT is often collected at point of delivery.

Online shoppers who buy items from the EU which originate from further afield – for example, from a seller based in China on an EU platform – and cost more than £135 will also have to pay additional customs duties. This is because the product originates from outside the EU, so the zero-tariff preference between the UK and EU does not apply.

The rules differ for shoppers in Northern Ireland due to its unique position of remaining within the EU’s Single Market, meaning it remains aligned with EU VAT rules for goods.

UK consumers can also be charged additional delivery fees for items from the EU. Each courier has a different policy on what they charge and how they ask you to pay.

Simon Potthast, a musician and producer, ordered a software and hardware package costing £603 from music production company Ableton for work. He then got an email from UPS when the parcel reached the UK port of entry saying there were import fees due for £112.55.

Ableton, who are based in Germany, added a message to the checkout on their website on 16th February 2021 warning that their physical products do not include VAT for UK consumers and that there may be a small paperwork fee on delivery. These fees would also apply to products brought from other companies in the EU.

However, when Simon placed his order on 18th March, he didn’t realise his order was being shipped from Germany or that he would incur additional charges.

He said: “I’ll be more careful now. If I’d known about the charges I would have found a UK distributor for the items so all the charges would have been included when I paid.”

There is also a risk that without clarity around the charges consumers should expect when shopping from the EU, people could be misled or scammed into paying extra costs.

A recent surge in ‘Royal Mail’ scam texts claiming that a parcel is being held due to an unpaid shipping fee shows that fraudsters are taking advantage of consumers’ uncertainty over post-Brexit import charges.

If in any doubt over texts or emails from courier services, consumers should not enter any personal details and should contact the delivery firm directly to confirm if it is genuine. Suspicious texts or emails can be reported to the courier and the National Cyber Security Centre (NCSC).

Some shoppers have also experienced difficulties when returning items to the EU. Which?’s research found an overwhelming nine in ten (87%) people who have returned items between 1 January and 16 February have experienced issues such as delays, unexpected paperwork or extra charges.

To make a return to the EU, consumers now need to complete a customs declaration form and to include the item’s description, weight and value. The customs charge is paid for by the recipient upon delivery.

However, this new process has not been made clear by all retailers, leaving some consumers unsure of how to send items back.

Daniele from Worthing had a frustrating experience with Footlocker EU, based in the Netherlands, after trying to return a pair of trainers that were initially delayed at customs.

UPS told him to fill out a returns form but he couldn’t find one on Footlocker’s website. He found a form on UPS’ website but was still unclear how to fill it out.

Eventually, he received help from UPS, but Daniele was disappointed with Footlocker’s service: “Retailers really need to have something in place to assist us – did I really need to go through all of this just to return something?”

Brexit has affected many aspects of how UK consumers interact with EU merchants. For example, if consumers have an issue with a product bought from an EU-based business – because it’s faulty or the pricing was misleading – they are very unlikely to be able to enforce their consumer rights through the UK courts as was previously the case. They may need to pursue the issue with consumer protection authorities or through the courts in the country where the business is based.

UK authorities will also no longer be able to take part in coordinated enforcement activities against companies who breach the law in multiple markets or have access to the same level of intelligence from the EU.

In Which?’s Beyond the UK-EU Trade and Cooperation Agreement: Priorities for consumers paper, the consumer champion details what the Trade and Cooperation Agreement means for UK consumers in a number of key areas and how the government should prioritise consumer interests.

Adam French, Which? Consumer Rights Expert said: “Many consumers across the UK could have been surprised to learn how often they buy from EU based retailers. After Brexit, many were caught off-guard by the new delivery charges and returns policies for parcels from the EU – and left footing unexpected bills.

“Which? is calling on the government to make these charges clear for consumers so they are not surprised by the costs or, more concerningly, misled or scammed into paying extra charges. Businesses must also be up front about any extra charges so consumers can continue to shop across the border without any unnecessary complications.”

Impact of Brexit likely to intensify, says Holyrood committee

The Scottish Parliament’s Culture, Tourism, Europe and External Affairs Committee has stated that the societal and economic impact of Brexit is likely to intensify as Scotland begins to emerge from the Covid-19 pandemic.

In a legacy report published on Friday, the Committee says scrutiny of the UK’s evolving relationship with the EU should be an early and urgent priority for a successor Committee.

The report highlights that alignment with the EU regulatory regime will be a key scrutiny challenge going forward. Monitoring EU policy and legislative developments will be necessary to determine how aligned future Scottish Governments will remain with the EU. 

The Committee considers that Brexit has resulted in UK legislation re-shaping devolution and increased the complexity of the devolved settlement.

Evidence taken by the Committee in 2021 also reveals the substantial impact on key sectors of the economy due to the new trading relationship and this is likely to intensify in the coming months.

The combined impact of Brexit and Covid-19, the report says, has created significant challenges across the economy with the impact felt hardest by small and medium-sized businesses.

The report also highlights the significant impact of the pandemic on the cultural sector, specifically the viability of cultural venues and the need for a strategy to ensure they emerge sustainably from the pandemic. The Committee recognises the increased financial pressures facing the arts and recommends further monitoring to make sure funds are adequately supporting the sector.

The February 2021 announcement of an extra £9m for the Creative Freelancers Hardship Fund was welcomed but the Committee has stressed that more support is needed.

Another key area of scrutiny within the Committee’s culture remit was the Glasgow School of Art inquiry, which determined that the school did not specifically address the risk of fire to the Mackintosh building despite risks being identified.

The Committee understands work is ongoing by the Scottish Government to carry out a fire mitigation review of publicly-owned A listed buildings and recommends its successor seek an update on the progress of this work. 

The Committee repeated its call for the Scottish Government to establish a public inquiry with judicial powers into the 2014 and 2018 fires at the Glasgow School of Art.

Speaking as the report was published, Committee Convener Joan McAlpine MSP said: “The UK’s withdrawal from the European Union has been a key area of focus for the Committee in Session Five.

“It has become abundantly clear that, although we have left the EU, there are still very real concerns and issues that will continue to affect Scotland in the years ahead.

“Moving into the post-Brexit reality, the Committee wants to see the Scottish Parliament and Government represented in the governance structures established by the new EU-UK relationship in order to ensure that Scotland’s voice is heard, especially when it comes to the impact of the Agreement on devolution”.

Ms McAlpine added: “The 2014 and 2018 Glasgow School of Art fires were of significant concern to the Committee because of the global, architectural significance of the Mackintosh building.

“We urge the Scottish Government, once the Scottish Fire and Rescue Service investigation has been completed, to undertake a public inquiry with judicial powers to understand what went wrong in Glasgow, explore the risks posed by fire to historic buildings and the ability of custodians to effectively manage properties to prevent such tragedies happening again in the future.”

Deputy Convener Claire Baker MSP said: “It is difficult to overstate the immense impact of the Covid-19 pandemic on Scotland’s cultural sector.

“The Committee is acutely aware that this sector depends upon an extensive network of freelancers, many of whom could not access government support during the pandemic as they did not meet the eligibility criteria.

“Additional financial support announced by the Scottish Government in recent weeks is welcome, but it is clear that more needs to be done to support this important but vulnerable group.”

You can read the full report here.

UK Government is taking control away from the Scottish Parliament, says new report

Scotland’s ability to legislate in areas such as food, health and environmental standards is being undermined in a “systematic attack” on devolution, according to Constitution Secretary Michael Russell.

A report published yesterday by the Scottish Government shows the extent to which the Scottish Parliament’s devolved powers are being eroded by the UK Government following the 2016 Brexit vote.

AFTER BREXIT: The UK Internal Market Act & Devolution sets out how:

  • the Scottish Parliament’s views on Brexit have been ignored by the UK Government
  • terms of reference designed to agree Brexit negotiating objectives among the UK’s four governments were disregarded
  • the UK Government and Parliament now regularly legislate in devolved policy areas and adjust the powers of the Scottish Parliament without the consent of the Scottish Parliament
  • UK Government Ministers have taken powers to spend in devolved areas

Most notably, the recently passed UK Internal Market Act allows the UK Government to in effect impose standards in a large number of areas that are devolved.

It means the Scottish Parliament could have its hands tied if it wants to stop the sale of hormone injected beef, regulate food content to prevent obesity or ban single-use plastics to protect the environment, the report sets out

The report also details how the Act is being used by the UK Government to divert funding that would otherwise come to the Scottish Parliament to decide how it should be spent.

One example is the UK Government administered Levelling Up Fund for infrastructure projects, which is bypassing any Scottish Parliament involvement in around £400 million of expected consequential funding.

Additionally UK Government Ministers now have the power to extend to Scotland’s NHS the controversial market access principles that the Act introduces.

Mr Russell added: “Devolution has helped to move Scotland forward, building on the fundamental principle that the Parliament and Government elected by the Scottish people should make decisions for Scotland.

“But since the Brexit vote there has been a systematic attack on the Scottish Parliament’s powers, fundamentally undermining devolution.

“Bit by bit, the settlement that secured 74% support in the 1997 devolution referendum, is being unpicked under the cover of Brexit and without the consent of Scottish people.

“This is not a big bang abolition – it is instead the slow demise of devolution in the hope that no-one will notice.

“The UK Government has signalled its desire is to ‘undo’ devolution and it is now repeatedly using its majority at Westminster to impose laws in devolved policy areas.

“Most alarming of all, the Internal Market Act has substantially weakened the Scottish Parliament’s powers.

“The Act is going to have a very real impact on everyone in Scotland. The Scottish Parliament’s ability to ensure high levels of food standards and stop the sale of single-use plastics could be rendered obsolete – undoing devolution and undermining Scotland’s ability to directly shape its future.

“UK Government Ministers also now have the power, at a stroke of their pen, to subject Scotland’s NHS to the market access principles the Act introduces.

That is why we will continue to resist the damaging effects of this Act in every way possible, and why we are bringing forward an independence referendum Bill – to keep Scottish powers in the hands of the Scottish people.”

Free advice, information sessions and publications for EU citizens and family members

The EU Delegation launches legal advice surgeries to assist charitable organisations, local authorities and local communities in the UK help EU citizens. These complement a range of other free services and products, including information sessions and a range of target-group specific leaflets available in all EU languages.

EU citizens, who arrived in the UK before 31 December 2020 and intend to stay, only have until 30 June 2021 to apply to the EU Settlement Scheme (EUSS).

UK central and local authorities, as well as civil society organisations, have already put huge efforts into supporting EU residents in their communities, but this has been made more difficult by the impact of the Coronavirus pandemic.

As of 31 January 2021, over five million EU citizens and family members have successfully applied to the EU Settlement Scheme. However, application rates remain lower in particular areas and among certain groups of people, especially the most vulnerable who are hardest-to-reach and may have difficulties applying.

Free advice surgeries are now here to help, offering one-on-one individual support. They can help make applications to the EU Settlement Scheme and indicate additional support organisations if further assistance is required.

Charitable organisations, local councils and local community groups that commit to scheduling a surgery for at least 10 vulnerable or complex case citizens can make a request to host surgeries.

During the ongoing health pandemic, support can be delivered by phone, WhatsApp, Skype, FaceTime, Zoom or any other platform of choice.

Free 90-minute information sessions for groups of citizens, providing a short presentation on the EU Settlement Scheme and an extended Q&A session, continue to be available. These can also be delivered through online platforms and can accommodate a general or target a specific audience.

Complementing these services, the EU Delegation can deliver free print publications on the EU Settlement Scheme and citizens’ rights in all EU languages anywhere in the UK. Target group specific leaflets for senior citizens, parents, non EU-family members and for joining family members are also available free of charge.

For more information, please visit http://www.eurights.uk/events/new

Brexit: Holyrood needs to clearly define its scrutiny role, says expert panel

Holyrood needs to define more clearly its scrutiny role in response to Brexit, according to a new report to be discussed by the Finance & Constitution Committee this week.

A panel of fiscal, economic and constitutional experts says devolution is now much more complex, with its recent fiscal powers and post-Brexit changes, that the Scottish Parliament must change its approach to scrutiny after the 2021 election.

The panel recommends that to support this work a short, tightly focused independent review of the committee structure should be established, to report back to Parliament as soon as possible. 

The focus of the review should be on committee remits in the next Parliament and should include consideration of the fiscal and Brexit-related issues raised by the experts, along with the legacy reports of other committees. 

Holyrood’s Finance & Constitution Committee, who commissioned the expert panel’s analysis, will consider the findings this week.

Expert panel member Professor James Mitchell, University of Edinburgh said: “Devolution is now much more complex and challenging to understand with the powers of Scottish Ministers shared with UK Ministers in many significant policy areas. 

“For example, in relation to income tax and in many policy areas previously within the competence of the EU.  This means that the Parliament will need to be much more aware of how UK legislation impacts on devolved areas including the extent to which it constrains the powers of Scottish Ministers.

“At the same time the Parliament will need to continue to scrutinise policy developments at an EU level.  Both in terms of the on-going impact of the UK-EU trade agreement on devolved areas and the extent to which the keeping pace power is used.”

Setting out the expert panel’s recommendations, Charlotte Barbour, Director of Taxation, The Institute of Chartered Accountants of Scotland said: “The Panel’s view is that if there is to be meaningful scrutiny of Brexit-related developments, the Parliament cannot merely continue with the existing approach to its scrutiny function. 

“The future scrutiny burden arising from Brexit is so great that if it is carried out in an ad-hoc manner it is unlikely that it will be done effectively.

“Instead, a more systematic and carefully planned approach is required, albeit with a need for flexibility in order to react to changing circumstances.  The Panel, therefore, recommends that Parliament in consultation with the Scottish Government needs to clearly define its scrutiny role in response to Brexit.

“To support this work, we propose that a short and tightly focused independent review of the committee structure should be established forthwith and report to the Parliament as soon as practically possible.  

“The focus of the review should be on committee remits in the next Parliament and should include consideration of the issues raised in this report and the legacy reports of other committees.

“The review findings should help to inform the agreement of the committee structure and committee remits for Session 6.”

The expert panel also made recommendations for the committee that will succeed the Finance & Constitution Committee after the May 2021 election:

• The Panel’s view is that there is likely to be an increased demand for parliamentary time to consider tax legislation and therefore the ongoing work of the Devolved Taxes Legislative Working Group should be an early priority in Session 6.

• The Panel agreed the successor committee should explore how COVID-19 has impacted the taxation system and consider options for a restructuring of the taxes which are devolved including a human-rights based approach. The Panel recommends that this inquiry should be a priority for the successor committee.

Finance & Constitution Committee Convener Bruce Crawford MSP said: “The calibre of our expert panel speaks volumes. I welcome this insightful, authoritative analysis.

“There is much for our committee and the rest of the Parliament to consider. I am sure it will be influential on the establishment of committees in the new Parliament.”  

Read the expert panel’s full report here.

The expert panel was asked to consider:

• The devolution of further powers through the Scotland Act 2016, following the recommendations of the Smith Commission.
• The operation of the UK/Scottish Government’s Fiscal Framework including in response to COVID-19.
• The constitutional impact of Brexit on devolution.

The panel members, in alphabetical order, are:

• Charlotte Barbour, Director of Taxation, The Institute of Chartered Accountants of Scotland
• Douglas Fraser, Business & Economy Editor, BBC Scotland
• Professor Michael Keating, Centre on Constitutional Change
• Professor James Mitchell, University of Edinburgh
• Christine O’Neill QC, Chairman, Brodies LLP
• Mairi Spowage, Deputy Director, Fraser of Allander Institute
• Mark Taylor, Audit Director Audit Scotland
• Dr Hannah White, Deputy Director, Institute of Government.

They were joined by Professor Tom Mullen, Professor Kenneth Armstrong and David Phillips who are Advisers to the Finance & Constitution Committee.  Dr Jim Johnston, Clerk to the Committee, chaired the panel and support was provided by parliament officials. 

Find more information about the Finance & Constitution Committee here.

Three steps the UK Government must take now to solve the Brexit border chaos

The current trade disruption between the UK and the EU is the result of ignoring expert advice and a chaotic information campaign, which must urgently be solved in three steps, says leading London accountancy firm Blick Rothenberg.

Alex Altmann, a partner and head of the firm’s Brexit advisory group, says: “We warned about serious disruptions many months ago and advised the Government to introduce an implementation phase for businesses to cope with the new customs formalities.

“The foolishness and amateurism of the Government’s approach has created existential threats to many businesses on both sides that currently struggle to trade with each other. The disruptions must urgently be solved in three steps.

“First, the Government must temporarily relax the requirement for EU traders to have an office in the UK to import goods, and subsequently ask the EU commission to do the same. The most serious problem today is that businesses without a presence in the other market cannot import their goods without appointing a customs agent.

“ This is how the new customs rules have been designed by the UK and the EU as part of the Brexit deal. This is a serious flaw. Customs agents are rare and very expensive and the UK currently requires about 20,000 more agents to meet demand. The Government should take this step very urgently to avoid a major supply chain disaster in the weeks ahead.”

Altmann added: “Second, the Government needs to admit that their expensive Brexit information campaign has not prepared businesses well enough for the new trade relationship with the EU. The guidance provided by the UK Government contains conflicting information, not enough detail, and to some extent, wrong advice.

“This has become particularly apparent with regards to the new border situation with Northern Ireland. It has become clear that the Government’s guidance has not been drafted by trade and customs experts, which is a serious shortcoming.

“The Government must take a step back now and relax the rules for the time being, while redrafting guidance and advisory papers based on the final Brexit deal arrangements. This is the only way to overcome the misinformation and provide traders and freight carriers with the confidence they need to sell cross-border.”

Altmann, who is also a Chairman at the British Chamber of Commerce in Germany said: “  “Thirdly, there are some serious flaws in the Brexit trade deal that the Government must put high up on the agenda to clarify and potentially renegotiate with the EU.

“ One area that continues to create confusion among traders and their freight carriers is the new rules of origin provision. The Government presented the Brexit deal as a tariff and quota free agreement. This is only partly true. Tariffs still apply in the normal way for manufactured goods which contain more than 40 percent of ingredients with origins outside the UK or EU.

“There is no guidance of how businesses should calculate and document the origin analysis. This is causing major disruptions to supply chains. Again, we recommend that the new rules of origin are temporarily paused until there is sufficient guidance and expertise available to work this out.”

Willie Rennie challenged over Lib Dems’ pro-Brexit stance

INDEPENDENCE ‘THE ONLY WAY’ TO SECURE SCOTLAND’S PLACE IN THE EU

The SNP has challenged Willie Rennie to say whether he backs his London bosses, after UK Lib Dem leader Ed Davey confirmed that his party would abandon any attempts to rejoin the EU, joining Labour and the Tories in becoming a pro-Brexit party. 

In an interview with the BBC’s Andrew Marr, he said that the Lib Dems are “not a rejoin party” – despite promising to voters in their 2019 General Election manifesto that every vote for the party was a “vote to stop Brexit and stay in the European Union”.

The move confirms the SNP as the only major party committed to reversing Brexit and securing Scotland’s membership of the EU.

SNP candidate for Edinburgh Western, Sarah Masson, said: “The Lib Dems have firmly joined the Tories and Labour in becoming pro-Brexit parties, making it crystal clear that the only way to protect Scotland’s interests and secure our place in the EU is to become an independent country.

“With the Lib Dems delivering another trademark U-turn, Willie Rennie must end the silence and clarify whether he stands by his previous pledge to ‘pursue re-entry’ to the EU – and if so, how he squares that with his UK colleagues’ policy –  or if it was all hollow rhetoric and he will simply now fall into line and accept the devastating impact Brexit is having on Scottish businesses, including our vital fishing communities.  

“The SNP is now the only major pro-EU party committed to rejoining the EU. With the main Westminster parties all signed up to Brexit and the damaging consequences it brings – even in the event of a change in government – there is no route back to the EU through Westminster.

“Scotland can do so much better than a Westminster system acting against our interests. Only by becoming an independent country will we be able to work to rejoin the EU, protect our vital industries and economy, and be part of the world’s largest single market.”