Public Law

There was a lot going on last week and so you may have missed that the Scottish Parliament published a no-deal Brexit briefing highlighting what it considers to be 12 areas of risk arising from a no-deal Brexit.

The 57-page document outlines some of the potential immediate impacts of a disorderly withdrawal and contingency planning for disruptions that may occur in the immediate aftermath of EU exit (which under the current agreement with the EU is due to take place on 31 October 2019, 11pm GMT).

‘Operation Yellowhammer’ and the 12 areas of risk

The briefing highlights the 12 areas of risk identified by the Cabinet Office’s Civil Contingencies Secretariat (CCS).

The CCS, operating under the codename ‘Operation Yellowhammer’, forms part of the UK Government’s no-deal preparation and operates alongside the Department for Exiting the EU (DExEU).

The 12 areas of risk identified are:

  1. Transport systems
  2. People crossing borders
  3. Key goods crossing borders
  4. Healthcare services
  5. UK energy and other critical industries
  6. UK food and water supplies
  7. UK nationals in the EU
  8. Law enforcement implications
  9. Banking and finance industry services
  10. Northern Ireland
  11. Specific risks to Overseas Territories and Crown Dependencies (including Gibraltar)
  12. National Security

How is Scotland preparing for a no-deal Brexit?

Dealing with the 12 areas of risk identified by ‘Operation Yellowhammer’, the Parliament’s briefing describes some of the short-term risks identified from a Scottish perspective and actions taken to mitigate those risks.

Many of the 12 areas identified are reserved, and therefore in the sole responsibility of the UK Parliament rather than the Scottish Parliament. However, there are areas that still require contingency planning in Scotland.

For example, while Trade (Risk No 1: key goods crossing borders) is a reserved UK matter, the availability of medicines and medical supplies forms a core aspect of Healthcare services (Risk No 4: Healthcare services) which are devolved to Scotland.

The no-deal Brexit briefing describes action taken to mitigate the risks of disruption in and to Scotland presented by a no-deal.

 

For regular updates on Brexit related matters visit our Brexit Hub.

Hannah Frahm

Solicitor and Practice Development Lawyer at Brodies LLP
Hannah is a Solicitor and Practice Development Lawyer for the Brexit Advisory Group and our Commercial Services Division. She is also a German qualified lawyer with a professional background in Real Estate. Hannah brings to the firm a multinational legal education (with stints in Germany, France, Thailand and the UK), a strong academic profile (German PhD in process) and communicative support for our German and French speaking clients.
Hannah Frahm