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09 January 2019
Issue: 7823 / Categories: Legal News , Brexit
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Cooper defeats no-deal Brexit

Cross-party amendment to curb government’s powers on exit day

Labour MP Yvette Cooper has succeeded in blocking the government from leaving the EU without a deal unless MPs have specifically consented.

Cooper’s cross-party amendment to the Finance Bill, which passed by 303 to 296 votes, is a major victory, making the Conservatives the first ruling party to lose the Finance Bill vote in 41 years. The amendment would curb the government’s tax administration powers on the 29 March 2019 exit day unless one of three conditions has been met. These are that Parliament has approved a deal with the EU; an Art 50 extension has been agreed with the other 27 EU Member States; or Parliament has specifically consented through a vote to a no-deal Brexit.

Some 20 Conservatives rebelled to vote for Cooper’s amendment, and the Labour leadership also gave support.

Speaking in the Commons, Cooper said: ‘I think we have a responsibility not to just stand by.’

Meanwhile, barrister David Wolchover of Ridgeway Chambers, writing in NLJ this week, confidently predicts that both opposition and ruling parties will eventually support a second referendum, if the prime minister’s deal is defeated (see p12).

This new People’s Vote could remedy the ‘fiasco’ of the first one, Wolchover says, as long as it was ‘properly constructed and managed’ and included a threshold. The mechanism for it could be a standalone bill in the House of Lords along with a separate Bill postponing the 29 March 2019 exit day.

Wolchover reiterates the point that the 2016 referendum was advisory only and contends that Theresa May’s decision to activate Art 50 on the basis alone of the referendum result ‘flew in the face of the EU Referendum Act 2015 and as such was arguably unconstitutional’. He also complains of ‘barefaced gerrymandering’ since nearly a million expatriates were denied a vote and of ‘serious criminal offending’ in terms of Vote Leave’s £450,000 overspend above the £7m limit.

Issue: 7823 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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