Martin Howe KC

Martin Howe is a leading barrister in the fields of intellectual property and EU law, and a Fellow at the Centre for Brexit Policy.

Wednesday

Martin Howe KC

Starmer has surrendered to the EU

From our UK edition

Sir Keir Starmer boldly claimed in the House of Commons this week that his ‘reset’ deal with the EU would ‘release us from the tired arguments of the past’. The truth is that it will do the exact opposite. The country will need to confront yet again tired old arguments which we thought had been resolved. Brexit was all about getting back control of our laws, our borders and our money. A Brexit in which we formally leave the European Union but still follow its laws is senseless. We lose our freedom to choose our laws, and we don’t even have a vote on the shape of the laws which continue to govern us.

Tuesday

Martin Howe KC

Why Boris should reject this Brexit deal

From our UK edition

Boris Johnson says the EU has refused to negotiate seriously with the UK for the last few months, and time has now run out for reaching a trade agreement before 31 December when the current transition period ends. The PM has been pressing the EU for a free-trade agreement comparable to Canada’s deal with the EU (CETA). He is right to say that what the EU is offering the UK is inferior to CETA, despite the UK’s close relationship with the EU for the last 45 years which should, if anything, lead to a better deal.

Sunday

Martin Howe KC

Brexit deal: Martin Howe QC responds to No. 10’s ‘rebuttal’

From our UK edition

10 Downing Street has published a ‘rebuttal’ to my article in this week’s Spectator looking at the legal implications of the Withdrawal Agreement. Regrettably, its responses to my critique go beyond making a best case for the treaty. Instead, No. 10 seeks to take advantage of the legal complexities to misrepresent the legal effects of the agreement on the first critical point (whether there could be any effective recourse to arbitration) as well as others. Much is at stake, so I have replied to each of its ‘rebuttals’ in bold, below. 1. "Once the Protocol is in force, the UK cannot leave it except by ‘joint’ decision of the UK and the EU. This gives the EU a right of veto over the UK’s exit.