The provision of legal services after Britain leaves the EU will be debated in the House of Commons this Wednesday at 4.30 pm. 

Wednesday’s debate will be led by Jonathan Djanogly MP, a solicitor and Conservative MP for Huntingdon.

Legal qualifications

The Law Society of England and Wales has signalled its concern that a ‘no deal’ Brexit would result in the loss of reciprocal mutual recognition arrangements for legal qualifications.

This would have a knock-on effect on the Mutual Recognition of Professional Qualifications (MRPQ) Directive, the Lawyers’ Services Directive and the Lawyers’ Establishment Directive which provide reciprocal arrangements between EEA states for the recognition of legal qualifications. 

The Draft Withdrawal Agreement (November 2018) contains provision to allow reciprocal arrangements to continue through the transition period.

In the event of a ‘no deal’ Brexit, the Draft Withdrawal Agreement (November 2018) will not apply. 

The Government has issued a ‘service technical notice’ on Providing services including those of a qualified professional if there's no Brexit deal. 

This states that should Britain leave the EU without a deal the reciprocal arrangements that currently exist under various EU directives would no longer apply.

Economic implications

The Law Society of England and Wales has also argued that, owing to more difficult access to talent and wider economic implications, a ‘hard Brexit’ could result in the loss of £3bn for the sector by 2025. 

The All-Party Parliamentary Group on Legal and Constitutional Affairs which Jonathan Djanogly chairs and to which the Law Society of England and Wales acts as secretariat, has published a report on The effect of Brexit on legal services. 

Concerns

The report echoes many of the concerns about Brexit that have already been raised by the Law Society of England and Wales. 

The House of Commons Justice Committee has been optimistic about the prospects for the legal sector post Brexit.

They have said that “Most of the sector’s strengths are unabated, and sensible discussions between the UK and EU ought to protect many of the advantages of their existing cooperation.”