Brexit policy work
We have been closely monitoring the main developments arising from the UK’s vote to leave the EU and from the earliest opportunity we been actively promoting the interests of our members and the public to politicians and civil servants. We will continue to do so now that a trade agreement has been reached and begins the process of implementation.
Full details of our various position papers can be found on this page. Please see the Parliamentary Bills page for all of our input on Brexit-related legislation. If you have any questions about any aspect of our international work, please contact Adam Marks at adammarks@lawscot.org.uk.
Our latest briefings, responses and position papers on Brexit
We responded to the European Scrutiny inquiry into the future of retained EU Law.
- Visit the UK Parliament website to view the details of the inquiry
- Read our response
We responded to the Ministry of Justice's consultation on the Departure from Retained EU case law by UK Courts and Tribunals.
- View the details of the consultation on the UK Government website.
- Read our response (July 2020).
Read our response to the Scottish Parliament’s Culture, Tourism, Europe and External Affairs Committee inquiry on Article 50.
- View the inquiry on the Scottish Parliament's website
- The Law Society of Scotland's response (October 2018)
Read our response to the UK Government's White Paper on the future relationship between the United Kingdom and the European Union.
- View the White Paper on the GOV.UK website
- The Law Society of Scotland's response (September 2018)
We responded to the House of Commons Procedure Committee inquiry "Exiting the European Union: scrutiny of delegated legislation".
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (February 2018)
In January 2017, we issued a briefing to all MSPs ahead of the Scottish Government debate - 'Scotland's Place in the EU - Protecting and Promoting Human Rights and Fundamental Freedoms'.
- The Law Society of Scotland's briefing (January 2017)
We responded to the Joint Committee on Human Rights inquiry on the human rights implications of Brexit
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (October 2016)
We responded to the House of Lords EU Financial Affairs Sub-Committee inquiry into the future of financial regulation and supervision following Brexit.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (September 2017)
We issued a briefing for the Scottish Parliament's Debate on the Scottish Government’s international work.
- Read our brief (May 2022)
We responded to the Inquiry into the Scottish Government’s international work.
- View the inquiry on the Scottish Parliament's website
- Read our response (October 2021)
We responded to the House of Lords EU Select Committee's inquiry into the future UK-EU relationship.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (May 2018)
In March 2017 the UK Law Societies' Joint Brussels Office published a report analysing and highlighting the main legal issues that are important for all who have cross-border links. The report also addresses the key issues faced by legal practitioners.
- The UK Law Societies' Joint Brussels Office Report (March 2017)
We responded to the House of Commons Exiting the EU Committee inquiry on the UK's negotiating objectives for withdrawal from the EU.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (January 2017)
In November 2016 we submitted proposals to the UK Government ahead of the commencement of the Brexit negotiations.
We responded to the UK Government's policy paper on options for maintaining internal security collaboration in the future partnership with the EU.
- View the paper on the GOV.UK website
- The Law Society of Scotland's response (December 2017)
We responded to the House of Lords EU Home Affairs Sub-Committee inquiry on the reciprocal healthcare implications of Brexit.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (November 2017)
In September 2017, we published an analysis paper on the UK's withdrawal from the EU and the potential impact on health related matters.
- The Law Society of Scotland's analysis paper (September 2017)
We responded to the Department for Business, Energy and Industrial Strategy's White Paper on the UK Internal Market.
- Read our response. (August 2020)
We responded to the House of Lords UK Services Sub-Committee Inquiry into the Future UK-EU Relationship on Professional and Business Services.
- Law Society of Scotland's response (June 2020).
We issued a briefing on the potential impact of Brexit on the area of intellectual property law.
- The Law Society of Scotland's briefing (May 2018)
We responded to the House of Lords EU Internal Market Sub-Committee inquiry on trade in non-financial services.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (March 2018)
We responded to the UK Government's White Paper "Customs Bill: legislating for the UK’s future customs, VAT and excise regimes".
- View the White Paper on the GOV.UK website
- The Law Society of Scotland's response (January 2018)
We responded to the Department for International Trade's paper on future UK trade policy.
- View the paper on the GOV.UK website
- The Law Society of Scotland's response (November 2017)
We responded to the House of Lords EU Internal Market Sub-Committee inquiry into UK competition policy after Brexit.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (September 2017)
We responded to the House of Commons EU Justice Sub-Committee inquiry on enforcement and dispute resolution post-Brexit.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (January 2018)
- Report: Dispute resolution and enforcement after Brexit (May 2018)
- Government Response dated 5 July 2018
We responded to the House of Commons Justice Committee inquiry on the implications of Brexit for the justice system.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (November 2016)
We responded to the House of Commons Home Affairs Committee inquiry on EU policing and security issues.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (November 2016)
We responded to the House of Lords EU Home Affairs Sub-Committee inquiry on the future of EU-UK security and police co-operation
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (October 2016)
We responded to the Scottish Parliament Health and Sport Committee inquiry on the impact of leaving the EU on health and social care in Scotland.
- View the inquiry on the Scottish Parliament website
- The Law Society of Scotland's response (January 2018)
We responded to the House of Commons Public Administration and Constitutional Affairs Committee inquiry on devolution and exiting the EU.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (November 2017)
We responded to the House of Commons Public Administration and Constitutional Affairs Committee inquiry on Brexit and devolution.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (April 2017)
We responded to the House of Lords EU Select Committee inquiry on Brexit and devolution.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (February 2017)
We responded to the Scottish Government's paper 'Scotland's Place in Europe' which sets out the government's position following the result of the EU Referendum.
- View the paper on the Scottish Government website
- The Law Society of Scotland's response (January 2017)
In November 2016, we issued a briefing to all MSPs ahead of the Scottish Government debate 'UK Referendum on EU Membership: Impacts on Justice and Security in Scotland'.
- The Law Society of Scotland's briefing (November 2016)
We responded to the Scottish Parliament European and External Relations Committee inquiry on Scotland's relationship with the EU.
- View the inquiry on the Scottish Parliament website
- The Law Society of Scotland's response (September 2016)
We responded to the Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom.
- View the Political Declaration on the European Commission's website
- The Law Society of Scotland's comments (November 2018)
- Read our briefing on the Withdrawal Agreement and Political Declaration issued to MPs, Peers and MSPs ahead of the Withdrawal Agreement debates in early December.
We considered the European Commission's position paper to the EU27 on the Draft Withdrawal Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.
- The Law Society of Scotland's comments (March 2018)
We responded to the UK Government's policy paper 'Providing a cross-border civil judicial cooperation framework - a future partnership'.
- View the UK Government's policy paper on the GOV.UK website
- The Law Society of Scotland's response (February 2018)
In August 2017, we issued a memorandum of comments on the UK Government and EU Commission's policy papers on the ongoing union judicial and administrative proceedings.
- View the UK Government's policy paper on the GOV.UK website
- View the EU Commission's policy paper on the European Commission website
- The Law Society of Scotland's memorandum of comments (August 2017)
We responded to the UK Government's policy paper 'Safeguarding the position of EU citizens in the UK and UK nationals in the EU'.
- View the UK Government's policy paper on the GOV.UK website
- The Law Society of Scotland's response (July 2017)
We responded to the UK Government's White Paper on legislating for the UK's withdrawal from the European Union.
- View the White Paper on the GOV.UK website
- The Law Society of Scotland's response (May 2017)
We responded to the UK Government's White Paper on the UK's exit from and new partnership with the European Union.
- View the White Paper on the GOV.UK website
- The Law Society of Scotland's response (March 2017)
Intimation has been given to the Scottish Government of four statutory instruments which the UK Government proposes to make in relation to the regulation of pesticides and the manufacturing and marketing fertilisers.
- View the notification of the SI's to the Scottish Parliament here.
- The Law Society of Scotland's response (November 2018)
European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2018.
- The Law Society of Scotland's response (December 2018)
Brexit-related legislation
EU (Withdrawal Agreement) Bill
A Bill to ratify the Withdrawal Agreement, as agreed between the United Kingdom and the European Union, and implement the Agreements (EU, EEA EFTA and Swiss) in domestic law.
European Union (Withdrawal) Bill 2017-19
A Bill to repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.
Taxation (Cross-border Trade) Bill 2017-19
A Bill to impose and regulate a duty of customs by reference to the importation of goods into the United Kingdom
Trade Bill 2017-19
A Bill to make provision about the implementation of international trade agreements.
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill
A Bill for an Act of the Scottish Parliament to make provision for Scotland in connection with the withdrawal of the United Kingdom from the EU.