A further position paper, the fourth this week has been published this time on Enforcement and dispute resolution (HERE). The BBC cover it HERE. Again the word "direct" is being used as a prefix to jurisdiction but more than that it does not rule out the ECJ keeping its jurisdiction during the Brexit transition period that is planned after March 2019 but it makes clear that the rights of EU citizens living in the UK after Brexit will only be subject to British law - a sticking point in the negotiations with the EU
It also promises to "work with" the EU on the "arrangements for judicial supervision" as well as enforcement and dispute resolution during the transition period (the one we haven't negotiated yet). Things are beginning to get a little heated in the press, especially after Mrs May, now back from holiday, appeared to suggest nothing had changed (to coin a phrase) and that we would not be under the jurisdiction of the ECJ after March 29th 2019. The Telegraph (HERE) are reporting that she has "been contradicted by her own officials" who - according to The Telegraph - made it clear that the ECJ could still "reign supreme over Britain's courts during the Brexit transition period after March 2019".
The position paper is as vacuous as the previous ones (what have they been doing for fourteen months?) and talks about there being "a number of existing models and approaches which provide the context for the mechanisms for resolving disputes between the UK and the EU". Well that's useful to know but which one do we want? Well we're not sure, because "these models and approaches carry advantages and disadvantages". And finally, the paper tells us "they are presented here purely illustratively, and without any commitment to include any specific aspects in the design of our future partnership".
In other words, here's a few examples, we might use one of them or bits of them or none at all and start with a blank sheet. I am sure the EU - when they get round to considering this issue probably next year - will find all of it very interesting. But they will surely ask the obvious question - what is it you actually want?
The fifth and final paper will apparently be on data protection (HERE) and nothing at all on money. The Guardian report (HERE) today that David Davis will "avoid talking" about the Brexit bill. This will absolutely infuriate the other side. I fully expect the EU to say OK, we will now suspend the talks and wait for the UKs position paper on the financial settlement. This would cause a very big problem, delay the talks process and eat up more of the time available on something most impartial observers think is chickenfeed in the long run. It is all going very badly indeed.
The fifth and final paper will apparently be on data protection (HERE) and nothing at all on money. The Guardian report (HERE) today that David Davis will "avoid talking" about the Brexit bill. This will absolutely infuriate the other side. I fully expect the EU to say OK, we will now suspend the talks and wait for the UKs position paper on the financial settlement. This would cause a very big problem, delay the talks process and eat up more of the time available on something most impartial observers think is chickenfeed in the long run. It is all going very badly indeed.
