Q&As

Q&As

The Q&As in this subtopic seek to address common questions faced when dealing with Public Law matters.

The Q&As supplement and link to further reading, but are intentionally short. It is anticipated that a brief Q&A will be most helpful when you need a quick overview of an issue and its likely impact. This might arise, for example, for lawyers needing to provide advice, business development or training at short notice.

The Q&A content is date stamped. This date provided is the original publication date and the Q&A states the law on that date.

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Latest Public Law News

IMA investigates EU citizens' rights challenges in Northern Ireland

The Independent Monitoring Authority (IMA) has conducted a fact-finding mission to Belfast, and found a number of challenges faced by EU, EEA, and EFTA citizens in Northern Ireland (NI). The investigation revealed a disproportionately high rate of EU Settlement Scheme (EUSS) refusals in NI, at 21% compared to 9-14% elsewhere in the UK. Key issues identified include difficulties in providing evidence of residency, lack support for EUSS applications, and limited access to immigration legal advice. The IMA also highlighted concerns regarding impromptu checks around the border between Northern Ireland and Ireland leading to some detentions of persons prior to removal where they ‘struggle to prove their rights yet have no access to advice’, and healthcare access problems stemming from misunderstandings about EUSS status. The visit also found a lack of awareness about the requirements for continuous residence, including that some EU citizens had been unknowingly crossing the border into Ireland for prolonged periods, unaware that this could have implications for their ongoing eligibility under the EUSS.

MoJ appoints new Chair for Independent Monitoring Authority

The Ministry of Justice (MoJ) has announced the appointment of Nicole Lappin as the new Chair of the Independent Monitoring Authority (IMA), commencing 1 January 2025 for a four-year term. The IMA, established under the EU (Withdrawal Agreement) Act 2020, is tasked with monitoring the implementation of citizens' rights provisions in the UK's Withdrawal Agreement with the EU and Separation Agreement with EEA EFTA states. The authority possesses significant powers, including the ability to receive complaints, launch inquiries and initiate or intervene in legal proceedings. Lappin, an experienced public sector leader with a background in law and regulation, will oversee the IMA's mandate to review the effectiveness of the legislative framework relating to citizens' rights and address systemic issues in their implementation.

SLSC publishes twelfth Report of Session 2024—2025

The Secondary Legislation Scrutiny Committee (SLSC) has published its twelfth report of session 2024—2025. The following instrument has been drawn to the special attention of the House: Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 (SI 2024/1266). The following are instruments of interest: draft Airports Slot Allocation (Alleviation of Usage Requirements etc.) Regulations 2025; draft Register of Overseas Entities (Protection and Trusts) (Amendment) Regulations 2025; draft Separation of Waste (England) Regulations 2025; Prison and Young Offender Institution (Interception of Communications)(Amendment) Rules 2024 (SI 2024/1217); Damages (Personal Injury) (England and Wales) Order 2024 (SI 2024/1261); Branded Health Service Medicines (Costs) (Amendment) Regulations 2024 (SI 2024/1277); and Tribunal Procedure (Amendment No. 2) Rules 2024 (SI 2024/1283). The following instruments were not drawn to the special attention of the House: draft instruments subject to affirmative approval; draft instruments subject to annulment; and made instruments subject to annulment.

DUP intends to use 'Stormont Brake' for the first time

The Democratic Unionist Party, the second-largest party in the Northern Ireland Assembly, says it has notified the Speaker of the Assembly of its intention to use the ‘Stormont Brake’ mechanism for the first time under the Windsor Framework.