Our response  and commentary is being coordinated across the range of Policy Committees for the benefit of the profession, the public and Government.

Keep up-to-date

We look forward to updating you via our policy papers, seminars and articles in the coming months and in response to the changing environment. Check in regularly for related and timely Brexit articles, reports and other resources:

• Brexit, qualifications, and provision of legal services - FAQ
• Submissions
• In the Gazette
• Useful links
• Library Brexit resources and collection

Submissions

The Society and the Bar of Ireland made a submission urging the Government to seize the opportunities presented by Brexit, and promote Ireland as a leading centre for legal services. Read Promoting Ireland as a leading centre globally for international legal services 

Brexit in the Gazette 

See below for a list of useful articles published since 2016. Have you an idea for Brexit article that relates to legal policy, areas of practice or client care? Contact our Policy and Government Affairs manager, Fiona Cullen.

General

• Legal action option in post-Brexit consumer disputes - January 2021: The European Consumer Centre Ireland has clarified consumer rights, post-Brexit, and set out regulatory changes and available redress options.
• Brexit Burden Will Weigh Heavily on Ireland – Neurberger – June 2018: Mary Hallissey reports, Ireland needs to prepare for the ‘enormous financial burden’ involved in preserving the common law, post-Brexit, according to one of the recipients of the inaugural Hibernian Law Medals.
• Brexit Supports for Clients – Opportunities for Your Firm – April 2018: State departments and trade agencies currently provide a range of supports to businesses as they prepare for the departure of Britain from the EU.
• EU Must ask Itself ‘How Did We Get Here?’ – April 2018: Remaining in the customs union is the simplest and best way to continuing tariff-free trading, which is essential to the British, EU and Irish economies – north and south.
• Brexit ‘In Name Only’ Says Scottish Prof – Jan/Feb 2018: Jim Gallagher believes that Brexit will eventually be couched in terms of a “co-prosperity sphere”.
• Brexit, Growth, and the Economy are the Main Challenges for 2018 – Dec 2017: Brexit, growth, and the economy are the main challenges cited in this year’s Smith & Williamson survey of Irish firms. The survey of 115 mixed-size legal firms was conducted by Amárach Research during September and October 2017.
• Brexit Refugee Solicitors Enrolling but not Arriving – Dec 2017: Ken Murphy discusses the arrival of one London-headquartered international law firm in Dublin since Brexit. Are rumours of a British invasion post Brexit appear to be somewhat overstated?
• New President sets Sights on Regulatory and Brexit Challenges – Dec 2017: New Law Society president, Michael Quinlan signalled his key challenges for the year ahead, which included the impact of Brexit on the legal profession.
• Brexit Should Take as Long as is Required – Nov 2017: Former Taoiseach Enda Kenny says Brexit should take as long as is required until we find a solution.
• Should I stay or should I go - July 2016 - Some of the promises made by the Brexiteers’ during the recent referendum on EU membership were based on a fundamental misunderstanding of the nature of the economic and political union between member states. Gary Fitzgerald holds the door ajar.

Human Rights

• Impact of Human Rights on Brexit – June 2018: This year’s annual Human Rights Lecture explored the uncertainty that Brexit may bring and considered future challenges for human rights. Read the lecture paper.
• Brexit, Human Rights and the Good Friday Agreement – Jan 2018: Most of the discussion about Brexit’s impact on Ireland – north and south – has focused on economic issues, trade, and agriculture. But civil society groups believe that human rights and equality provisions are also at risk, says Michael Farrell.
• The British Question: An Irish problem – Dec 2017: The decision to leave the EU – the world’s most integrated trading block – in order to become a ‘global Britain’ won’t cause famine, but it may damage Ireland like nowhere else, argues Philip Andrews.

IP

• Brexit IP Dividend – April 2018: Intellectual property on-shoring to Ireland rather than Britain will be a key dividend of Brexit according to Matheson.
• Carpe Diem? - Oct 2016 (2 of 2): In their second article on the impact of Brexit on intellectual property, Helen Johnson and Jane Bourke focus on protected geographical indications, trademarks and designs, trade secrets, litigation and commercial contracts. 
• Another fine mess! - Aug/Sept 2016 (1 of 2)- The Brexit results continue to stun. In a two-part article, Helen Johnson and Jane Bourke consider the potential impact on intellectual property rights in both Britain and Ireland and ask whether Britain’s setback is Ireland’s gain.

Dispute Resolution

• Hogan Ponders Future of Common Law Post-Brexit - April 2018: Mr Justice Gerard Hogan has floated the possibility of a bespoke transnational court for a post-Brexit Britain.
• CJEU - Useful Guidance for future Brexit Negotiations – Aug/Sept 2017: The Court of Justice of the EU ruling regarding EU’s proposed free trade agreement with Singapore (FTA) contains some useful pointers on the timing and scope of any future Brexit negotiations.

Family Law

• Let’s call the whole thing off - June 2017: In a follow-up to ‘Separation anxiety’ by Keith Walsh in the May issue, Jennifer O’Brien assesses the impact of Brexit on international family law cases. 
• Separation Anxiety - May 2017: The folly of Brexit may be visited on divorcing couples where there is an interjurisdictional dispute involving Britain – this will not only affect wealthy litigants, but also those who can least afford it, writes Keith Walsh.

Criminal Law

• Brextradition - Jan/Feb 2017: Brexit is set to have a significant impact on extradition between Ireland and Britain. Ray Briscoe takes a look at how such business could be conducted post-Brexit 

Financial Services

• Breaking Bad - Dec 2016: Brexit could result in British banks being unable to sell their services throughout the EU – and international financial institutions might scale back their operations and move elsewhere. Cillian Bredin and Kate Curneen sense some bad chemistry for Britain’s financial services sector.

Resources/links

The following links may assist in understanding the issues arising from Brexit. The sources are generally governmental, and also include a number of think-tanks that offer differing perspectives on legal issues that arise in this area.

Irish Government

• Dept. of An Taoiseach Brexit Portal
• Department of Foreign Affairs Brexit Portal
• Department of Foreign Affairs Information Note on the Common Travel Area
• Department of Jobs, Enterprise and Innovation Brexit Portal
• Department of Justice & Equality
• Department of Finance
• Seanad Committee on withdrawal of UK from EU

Irish agencies, bodies and institutions

• Enterprise Ireland – EU/IRL/UK Export guidance
• Intertrade Ireland
• IDA
• Central Bank – Brexit
• Central Statistics Office Brexit portal
• Revenue Commissioners – Brexit
• Economic and Social Research Institute
• The Bar of Ireland
• Public Interest Law Alliance
• British Irish Chamber of Commerce
• Dublin City University – Brexit Institute
• Institute for International and European Affairs
• Dublin European Institute – UCD
• Irish Centre for European Law - TCD
• Royal Irish Academy Brexit Briefings

UK Government 

• Future customs arrangements - a future partnership paper
• Northern Ireland and Ireland - a position paper
• Ongoing Union judicial and administrative proceedings - position paper
• UK Department of Exiting the European Union
• House of Lords EU Select Committee
• House of Commons Select Committee on Exiting the European Union
• 'No Deal' Papers
• UK Government guidance for UK businesses about Irish rules and regulations on service provision if the UK leaves the EU without a deal

Other Law Societies/Bar Council

• Law Society of Northern Ireland
• Law Society of Scotland
• City of London Law Society
• Law Society of England and Wales
• UK Law Societies’ Joint Brussels Office
• UK Bar Council

EU Commission

• European Commission Negotiations Portal
• EC – Technical Papers
• Brexit Preparedness Papers

European Parliament

• EP Brexit Portal
• EP Committees
• Legal Affairs Committee 
• Constitutional Affairs Committee 
• Economic and Monetary Affairs Committee
• International Trade Committee
• Internal Market and Consumer Affairs Committee

European Council

• European Council Brexit Portal

OECD

• Economic Consequences of Brexit: A Taxing Decision

CCBE Guidelines for Bars & Law Societies 

• Free Movement of Lawyers within the European Union (2016)

International Bar Association

• Brexit issues

Other EU links

• Bruegel Economic Think Tank
• Centre for European Policy Studies
• Robert Shuman Foundation
• Chatham House – Royal Institute of International Affairs
• European Institute of Political Economy
• Centre for European Reform
• London School of Economics – European Institute
• Politico.eu Brexit Portal
• Building Competence in Commercial Law in the Member States: study by the Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs

Library Brexit resources and collection 

The Library offers a reading list of Brexit resources to members of the Law Society.

• Subject Resource: Brexit: January 2021

For more information on Library resources, visit the library online or contact libraryenquire@lawsociety.ie.

Please note: The Society does not accept responsibility for the content of external links. Practitioners and other visitors should check that the information accessed through external links is up-to-date. The above is intended merely to assist practitioners.

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