Referendum paper from Society aims to inform ahead of EU vote

How the European Union affects the law in Scotland, and the implications of leaving, are set out in a "discussion paper" aimed at solicitors and their cllients, published today by the Law Society of Scotland.

The Referendum on EU Membership discussion paper aims to provide non-partisan information ahead of the 23 June vote by exploring the process for leaving the EU, the implications for Scotland if the UK votes to leave and the legal changes which may be required in event of UK exit from the EU, along with the present impact of the EU on different areas of law and the operation of cross-border practice rights. 

There is also a chapter reporting on a survey of the Society's membership for its views on the EU. The Society found a "recurring theme" of uncertainty among solicitors. While some cited access to the single market, free movement of people, and the UK’s standing in the international community as benefits of EU membership, a perceived lack of democratic accountability, bureaucracy and regulatory requirements (and their associated costs) were perceived by others as among the downsides.

Christine McLintock, President of the Society, commented: “Our membership of the European Union affects each of us on a daily basis. Solicitors regularly advise their clients, whether individuals or businesses, on the impact of EU law and policies and keep their clients informed of their rights and obligations under EU law. For example as an employee or employer we are affected by the Working Time Directive or the EU standards for parental leave. As consumers we are affected by EU food standards, and those who work in industries ranging from agriculture and fisheries to telecoms and technology are also affected by EU regulations.”

She added: “As a firmly non-partisan organisation, we are not advocating any one view over another. We recognise that there are differing views among our membership, just as across our society as a whole; however a vote to leave the EU raises a number of legal issues and questions that are important to for us all to consider – whether as a solicitor or as a client in Scotland, the UK and across the EU.

“We want people to be able to make an informed choice. The discussion paper provides a comprehensive analysis of the impact membership of the EU has on individuals and businesses in Scotland, for instance, in areas such as employment and consumer rights, equal opportunities and environmental controls. It also considers the position of solicitors who are currently working in other EU jurisdictions as well as how particular areas of UK and Scots law might be affected should we vote to leave.”

The Society has consulted its specialist committees to understand how particular areas of legal practice could be affected. It has also held a panel debate for its London-based members with speakers from both leave and remain campaigns, and will hold a further event in Edinburgh on 16 June at which Ian Forrester QC, a former practising advocate and now the UK Judge at the General Court of the European Court of Justice in Luxembourg, will deliver a lecture. This will examine the history of the EU, how it functions today and what the future of the UK – either within a reformed EU or outside it – will look like, based on his observations and experiences at the heart of the EU judicial process.

Of this event Ms McLintock said: “I am delighted that Judge Forrester has agreed to speak at our event next month. As a judge sitting in the European Court of Justice he has seen up close how being part of the EU affects the UK. Taking place exactly one week before UK citizens go to the polls, I am sure that he will make a very timely and thoughtful contribution to the debate.”

The discussion paper comes with a separate paper with "facts and figures". Click here to access both.