17 November 2017

European Union (Withdrawal) Bill report released

Core findings

The inquiry focussed on the Bill’s provisions for converting the acquis communautaire into British law, the implications for the devolution settlements and the power to implement the withdrawal agreement. The report concludes that:

• The Government’s amendments to set the exit day as 11pm on 29 March 2019 would create significant difficulties if EU negotiations go down to the wire.
• More clarity is needed on the scope and status of retained EU law.
• Article 191 of the Treaty on the Functioning of the EU – which covers the precautionary principle – should be converted into domestic law as a directly effective right.
• The Government should justify the purpose of Clause 9 of the EU (Withdrawal) Bill given its announcement of a separate EU Withdrawal Agreement and Implementation Bill.

After leaving the EU, some retained EU laws could be amended to better reflect the UK’s regulatory and business environment. In other areas, it will be in the UK’s interest to keep pace with changes to laws in the EU as seems to be suggested, for example, by the delegated powers in the Trade Bill and the Nuclear Safeguards Bill. Government should also publish details of how they will ensure the UK’s regulatory agencies have the necessary resources and enforcement powers which are vital for consumer confidence and access to markets. 
 
The Committee heard evidence for and against the Bill's removal of the Charter of Fundamental Rights from domestic law. The purpose of the Bill is to provide legal certainty for the UK the day after it leaves the EU and not to reshape rights in the UK. It would be helpful if the Government published its memorandum on rights set out in the Charter, as referred to by the Minister, before Clause 5 is considered in Committee Stage of the Bill.

The Committee encourages the Government to improve engagement with the devolved administrations in order to break the current deadlock on devolved powers and reach agreement with the devolved administrations on how and when reserved competencies will be devolved.

An estimated 800 to 1,000 statutory instruments will need to be passed before exit day. In the course of the Committee Stage of the Bill, the Committee recommends that an interim Report prepared by the Procedure Committee on the scrutiny of delegated legislation under the Bill is given further consideration by the House. Uncertainty will only be removed if all the necessary legislative amendments are in place by any potential exit day to ensure no gaps are left in the statute book.

Read the full report: European Union (Withdrawal) Bill

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