Our research on Brexit and the EU

The United Kingdom Internal Market Bill is a government bill that would make provision for the continuation of the UK’s single market when the transition period ends on 31 December 2020. As part of this it would provide for the ‘market access principles’ of mutual recognition and non-discrimination to apply to the sale of goods and the provision of services within the UK. It also seeks to provide unfettered access for qualifying Northern Ireland goods to the market in Great Britain. It contains provisions that seek to give ministers the power to unilaterally interpret, modify the application of or disapply parts of the Northern Ireland Protocol, notwithstanding their obligations under relevant international and domestic law.

This government bill would introduce measures to support the UK in implementing an independent trade policy, having left the European Union.

Amongst its provisions, the Immigration and Social Security Co-ordination (EU Withdrawal) Bill would give effect to the Government’s policy of ending freedom of movement once the transition phase ends at the end of December 2020. It would also confirm the continued right of Irish citizens to come to and work in the UK after the ending of freedom of movement and it would provide a power to amend, via regulations, retained EU law governing social security coordination.

The draft Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 would implement the mechanism for obtaining democratic consent in Northern Ireland to the continued application of articles 5 to 10 of the Protocol on Ireland/Northern Ireland to the withdrawal agreement.

In the United Kingdom Internal Market Bill, the Government is seeking to ensure unfettered access to the UK internal market for “qualifying Northern Ireland goods”. On 30 November 2020, the House of Lords is due to debate the draft Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020. They contain the definition of “qualifying Northern Ireland goods” that will apply to the bill. This article explains the background to the regulations, and why the Government also intends to introduce further legislation in this area.

Medicinal and agrochemical products can be granted a Supplementary Protection Certificate, an intellectual property right associated with patents, to provide up to five years of additional rights and protections once their patents have expired. In order to apply for an SPC, a product must receive approval to be sold on the UK market. Under the Northern Ireland/Ireland Protocol, products to be sold in Northern Ireland must obtain approval under EU law, whilst products to be sold in the rest of the UK will obtain approval under UK law. Currently, this marketing authorisation is only given on a UK-wide basis. This regulation amends the market authorisation process to enable authorisations to be granted for the Northern Ireland market only and for the Great Britain market only.