Financial Times UK - 18.09.2019

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2 A F IN A N C I A L T I M E S W e d n e s d a y 1 8 S e p t e m b e r 2 0 1 9

N AT I O N A L

JA N E C R O F T

Boris Johnson will abide by any
Supreme Court ruling which requires
him to recall MPs, a government minis-
ter has told the UK’s highest court while
refusing to rule out that the prime min-
ister might suspend parliament again
ahead of the Brexit deadline.
Richard Keen QC, a justice minister
who was acting for the government, was
speaking yesterday on the first day of
one of the highest-stakes constitutional

cases heard at the court. The justices are

hearing appeals from courts in England

and Scotland about whether the prime

minister acted lawfully in advising the

Queen to prorogue parliament for five

weeks.

Opposition MPs and anti-Brexit cam-

paigners have argued that Mr Johnson

suspended parliament for an unusually

long period to limit the time MPs have to

challenge his Brexit strategy before the

UK is due to leave the EU on October 31.

If the court finds against the govern-

ment then Mr Johnson will have to

answer the charge that he misled the

monarch. One of the cases is an appeal

by Gina Miller, who lost in London’s

High Court after judges ruled that Mr

Johnson’s actions in proroguing parlia-

ment could not be reviewed by the

courts and so the action was lawful.

The second is a government appeal

against a ruling by the highest court in

Scotland in a case brought by 70 parlia-

mentarians. Three Scottish judges

found that Mr Johnson’s suspension of

parliament could be examined by the

courts and that his stymying of parlia-

ment was unlawful and “clandestine”.

A key contention is whether the

Supreme Court decides that the case is

justiciable or whether, as the London

High Court determined, that proroga-

tion falls into a “forbidden area” of high

policy and politics where the courts do

not tread under the UK’s constitution.

The government argues that the cases

are not able to be reviewed by the

courts. It is the second time in the

court’s 10-year history that 11 Supreme

Court judges have sat together, under-

lining the constitutional importance of

the case. Lord Keen, the advocate-gen-

eral for Scotland, assured the judges

yesterday afternoon that he was giving a

clear undertaking that the prime minis-

ter will “respond by all necessary

means” and “will take the necessary

steps to comply with any declaration”

made by the Supreme Court.

However, when he was pressed by

Brian Kerr, one of the justices, on

whether parliament might be pro-

rogued again, he replied: “We are not in

a position to comment on this.” He

added: “That would have to be

addressed by the decision maker.”

The government argues that proroga-

tion is “simply ground where the courts

could not go”. Lord Keen added that cab-

inet minutes and government docu-

ments showed that seven parliamentary

sitting days will be lost because of the

three-week party conference season.

Earlier David Pannick QC, acting for

Ms Miller, told the court that the “excep-

tional length” of the five-week proroga-

tion was “strong evidence” that Mr

Johnson’s motive was “to silence parlia-

ment for that period because he sees

parliament as an obstacle to the further-

ance of his political aims”.

Constitutional hearing

PM ‘will comply’ with Supreme Court ruling

Minister refuses to rule out

second suspension of

parliament as Brexit looms

B E T H A N STATO N A N D
YA S E M I N C R AG G S - M E R S I N O G LU

Before the Brexit referendum, Graley
Vasilica had not given much thought to
the need for official paperwork. The 63-
year-old Romanian had not worked or
claimed benefits since settling in Liver-
pool in 2007, instead spending much of
her time caring for her British husband.
This was not a problem until Ms Vasil-
ica had to apply for settled status, the
post-Brexit permanent residency avail-
able to EU nationals and their families.
“We are just stuck,” said daughter
Florina. “At the moment we really don’t
know what to do.”
Her experience reflects the growing
uncertainty felt by some EU citizens liv-
ing in the UK as Britain’s October 31
deadline for departure from the bloc
approaches.
The European Parliament is tomor-
row due to debate a resolution express-
ing its “concern at the UK’s settlement
scheme”, urging the British government
to review the current system, which
requires EU citizens to back up claims to
settled status with documentary proof.
Ms Vasilica’s troubles started when
her first-stage application, which allows
the Home Office to check basic details
against tax and benefit records,
returned insufficient evidence to qual-
ify for settled status.
With the help of Florina, who took
British citizenship after joining her
mother in the UK, she followed up a
request to provide more documents by
uploading her residency permit, GP
letters and flight tickets. This still was
not enough.
Instead Ms Vasilica was offered pre-
settled status — a temporary residence
meant for EU citizens in the UK for less
than five years. So far, she has been una-
ble to provide documentation to secure
the permanent residence she says she
should be entitled to.
Ms Vasilica’s experience does not
match the Home Office’s claim that
applying for settled status is “quick and
easy”. Amber Rudd, the former home
secretary, promised in April 2018 it
would be as simple as “setting up an
online account at LK Bennett”.
The Home Office insists the system

tensions in her small rural community.

“It affected me massively,” she said. “It

has been hard for the past three years to

get over the referendum result, and

then finally to bite the bullet and apply

to go through this stress. It’s a bit of a

slap in the face.”

Maike Bohn, a spokeswoman for

the3million, a campaign group set up to

protect the rights of EU citizens in the

UK, believes some settled status anxiety

is down to “overpromised” assurances

from the government about the ease of

applying.

“People have in their heads that the

process is automatic, and then they get

to it and they have to jump through all

these hoops,” she said.

But of more concern to Ms Bohn is the

rise in the number of people accepting

pre-settled status.

In April, the first month after the full

launch of the scheme, Home Office data

showed 34 per cent of applicants

received pre-settled status but by

August this figure had risen to 43 per

cent.

Statistics by Oxford university

research centre the Migration Observa-

tory indicate 69 per cent of EU-born UK

residents have been here for more than

five years, and although other variables

could account for the discrepancy,

the3million is concerned this indicates

people are being wrongly given the tem-

porary residence.

Chris Desira, an immigration solici-

tor, said that, while pre-settled status

confers the same rights to live and work

as settled status, it grants limited access

to benefits. He warned that holders

would need to keep interacting with the

Home Office and must apply again with

supporting evidence if they want settled

status.

He is also worried that vulnerable

people are at greater risk of missing out,

despite the government providing £9m

to community organisations to support

them.

Maria, a Spanish national who has

been a secondary school teacher in the

UK for 20 years, obtained pre-settled

status for her mother this year and

hopes to secure settled status for her in

2020. Maria’s mother has advanced
      dementia and needs 24-hour care. She
      has neither worked nor claimed bene-
      fits since she moved from Spain.
      But given the mixed Home Office
      messages on migrants rights Maria feels
      her mother is “at the mercy of the gov-
      ernment”.

JA M E S B L I T Z— LONDON

M E H R E E N K H A N— BRUSSELS

Boris Johnson will hold crunch talks

with German chancellor Angela Merkel

and other EU leaders on Brexit policy

next week as the UK government

fleshes out plans for an all-Ireland

economic relationship which seeks to

replace the disputed backstop.

Despite the EU expressing frustration

over Mr Johnson’s failure to table con-

crete proposals at Monday’s meeting

with European Commission president

Jean-Claude Juncker in Luxembourg,

UK officials are stepping up ambitious

plans to facilitate trade between North-

ern Ireland and the Irish Republic.

In recent weeks, Mr Johnson has

mooted the idea of reducing the pres-

ence of a post-Brexit border across the

island of Ireland by promoting a com-

mon zone for agriculture and foodstuffs,

a common electricity market and main-

taining a common travel area.

But UK officials are now letting it be

known that Britain wants to extend dis-

cussions on how to create an “all-island”

economic relationship by tackling trick-

ier areas such as customs, VAT, indus-

trial goods and the remit of the Euro-

pean Court of Justice.

“The philosophy underpinning the

government’s approach is that it is no

longer seeking frictionless trade

between Northern Ireland and the EU

but is rather seeking to facilitate trade

between Northern Ireland and the EU,”

said Mujtaba Rahman, managing direc-

tor of the Eurasia Group consultancy.

“It’s a vision in which the [Northern Ire-

land-EU relationship] will be very dif-

ferent to the [EU-Great Britain] rela-

tionship.”

Under the UK plan, Northern Ireland

would in effect become a special eco-

nomic zone inside both the UK and the

EU. A border would continue to exist

and everything that is not covered by

the all-island regime would be subject to

checks. The UK’s intention is that these

checks would be away from the border

to avoid reigniting tensions between

Northern Ireland and the Republic.

Downing Street said Mr Johnson was

likely to meet Ms Merkel and EU presi-

dent Donald Tusk on the sidelines of the

UN General Assembly in New York next

week.

The prime minister hinted at the idea

of creating an all-Ireland economy on

Monday when he told the BBC: “You

know the famous dictum.. .[that] in

Northern Ireland the people are British,

but the cattle are Irish. You know there’s

a germ of an idea.” But according to

some UK officials the task ahead for

both sides in securing a deal is daunting.

“There’s been a lot of activity but the

difficulties are greater than people

think,” said one official. “Although

progress is being made on agriculture,

we haven’t yet begun negotiations on

what kind of customs border there

should be. Is it a customs border

between Northern Ireland and Ireland;

or Northern Ireland and Great Britain?

This is hugely important.”

Special economic zone

All-Ireland

plan mooted

to replace

backstop

Residence scheme.Uncertainty

EUcitizens’ anxiety rises ahead of exit deadline

Assurances that seeking settled

status would be ‘quick and

easy’ have not been borne out

mined trust in the system. Applications

for settled and pre-settled status in

August jumped to 299,000 from 131,

the previous month, clogging up the sys-

tem and creating a backlog of about

100,000.

Maude, 39, a French citizen with a

British husband and children, was

among those who applied following the

confusion over the government’s posi-

tion.

She has been living in the UK since

2009, running a fabric company, and

has filed tax returns each year. To apply

for settled status she had to drive more

than an hour to a specialised centre to

scan her passport, subsequently

uploading further documents to prove

her residence and waiting anxiously for

a decision for nearly a fortnight. The

system worked but she was left feeling

confused and unwelcome.

She asked the FT not to use her sur-

name as she was worried about Brexit

has delivered on that promise, empha-

sising that in the testing phase 75 per

cent of applications for settled status

were completed at the first-stage of

automated checks.

When people do need to submit fur-

ther documents, they can call a 24-hour

helpline and caseworkers are under

instructions to look for reasons to award

rather than refuse residence.

But no amount of careful planning

can take the stress out of the process,

even for those who are successful.

The anxiety felt by many EU nation-

als, who have spoken to the FT about

their experiences, reached new levels in

August when the government said free-

dom of movement would end immedi-

ately in the event of a no-deal Brexit on

October 31.

Despite home secretary Priti Patel

subsequently backtracking, the flip-

flopping did little to reassure European

citizens living in the UK and has under-

Uncertain wait:

Maria, a Spanish

national, has

so far obtained

only pre-settled

status for her

mother, who

needs 24-hour

care— Daniel Jones

‘People

have in

their heads

that the

process is

automatic,

and then

they get to

it and they

have to

jump

through all

these

hoops’

C H R I S G I L E S A N D DA N I E L T H O M A S

One in five UK companies would be

able to undertake the complex proc-

esses necessary to trade with the EU

after a no-deal Brexit, a survey of sup-

ply chain managers published today

shows.

The disclosure about the low level of

preparedness comes a day after docu-

ments leaked to the Financial Times

showed that disruption to EU trade

would be exacerbated as ports would

turn away trucks without the right

paperwork rather than let them queue

at the dockside.

The leaked Department for Transport

documents suggested tens of thousands

of trucks would be turned away from

ports, something corroborated in the

latest Brexit survey by the Chartered

Institute of Procurement and Supply.

The companies were asked whether

they had the Economic Operator Regis-

tration and Identification number nec-

essary to interact with EU customs,

could fill in a customs declaration accu-

rately, had agreed responsibilities with a

customs agent or logistics provider and

could identify software for submitting

documents if they managed the process.

The results showed that only 22 per

cent of the UK companies with EU sup-

pliers have taken the four steps neces-

sary to complete paperwork for a basic

export of goods under a no deal Brexit.

This was marginally better than the

14 per cent figure recorded in March.

John Glen, economist at Cips, said the

findings showed “with the Brexit dead-

line just weeks away, the government

faces an uphill battle to get businesses

ready in time”.

The survey also showed that compa-

nies were importing goods early in the

hope of avoiding Brexit-related disrup-

tion but almost one in 10 were strug-

gling to find warehouse space.

Spare warehouse capacity has almost

dried up, according to the UK Ware-

housing Association, which estimates

that storage space equivalent to just two

days’ freight inbound through Dover is

now available.

Supply chain

One in five companies ready

for EU trade under no-deal

H A N N A H M U R P H Y— SAN FRANCISCO

M A D H U M I TA M U R G I A— LONDON

Facebookis to use footage from police

body cameras to train its computers to

recognise gun attack videos, after it

was heavily criticised for failing to

prevent the spread of images of the

Christchurch shootings in March.

The social network said yesterday that it

would provide cameras to the Metropol-

itan Police for firearms training exer-

cises. Facebook will use the images to

train its content moderation programs

to “rapidly identify real life first-person

shooter incidents and remove them

from our platform”.

The company confirmed it was also in

talks with law enforcement agencies in

the US over similar partnerships.

Facebook has long used a combina-

tion of automated artificial intelligence

tools, as well as human moderators, to

monitor harmful content. But it came in

for sharp criticism this year after a white

supremacist killed 51 people in an

attack on two mosques in New Zealand,

while livestreaming the graphic footage

via Facebook’s Live service.

In the aftermath of the attacks, the

video was uploaded by users more than

1.5m times across the site before it was

taken down, raising questions about

Facebook’s ability to successfully detect

and police extremist material.

Facebook said yesterday that the

video of the attack in Christchurch did

not prompt its automatic detection sys-

tems because it did not have enough

content “depicting first-person footage

of violent events to effectively train our

machine learning technology”.

“The technology Facebook is seeking

to create could help identify firearms

attacks in their early stages and poten-

tially assist police across the world in

their response to such incidents,” said

Neil Basu, the Met’s senior counter

terrorism officer. “Technology that

automatically stops live streaming of

attacks once identified, would also sig-

nificantly help prevent the glorification

of such acts and the promotion of the

toxic ideologies that drive them.”

Content moderation

Facebook to use Met footage

for AI gun attack training

Brexit video

Why it’s too soon

to write off a

Johnson deal

ft.com/video

‘The [Northern Ireland-EU

relationship] will be very

different to the [EU-Great

Britain] relationship’

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