13 July 2017

Department for Exiting the European Union: The Repeal Bill

The Repeal Bill is a mechanism to achieve three simple aims:

• Repeal the European Communities Act, remove supremacy of EU law and return control to the UK.
• Convert EU law into UK law where appropriate, giving businesses continuity to operate in the knowledge that nothing has changed overnight, and providing certainty that rights and obligations will not be subject to sudden change.
• Create the necessary temporary powers to correct the laws that no longer operate appropriately so that our legal system continues to function outside the EU.

The Bill sets out how we will prepare our statute book for exit but will not make major changes to policy or legislation beyond what is necessary to ensure the law continues to work properly on day one.

As we exit the EU we want to ensure power sits closer to the people of the UK than ever before. The Bill will ensure that nothing changes for Scotland, Wales and Northern Ireland – they will not lose any of their current decision-making powers.

The Government expects there will be a significant increase in the decision-making power of each devolved administration.

As powers are repatriated from the EU, the Government will ensure they are exercised within the UK in a way that ensures no new barriers to living and doing business within the UK are created. This will protect the UK internal market, ensuring we have the ability to strike the best trade deals around the world, protect our common resources, and fulfil our international obligations.

The Government has already made clear that as the Bill affects the powers of the devolved administrations and legislates in devolved areas, we will seek the consent of the devolved legislatures for the Bill. We would like all parts of the UK to come together in support of this legislation, which is crucial to delivering the outcome of the referendum.

The Bill will also provide the Government with a limited power to implement elements of the withdrawal agreement we expect to reach with the EU before we exit. [...]

The Bill can be found here, along with the explanatory notes here.

Written statement by David Davis before the House of Commons

I am publishing three position papers that the UK negotiating team will discuss with our EU counterparts next week.

1. Ongoing Union judicial and administrative proceedings

The UK’s departure from the EU will end the jurisdiction of the Court of Justice of the European Union (CJEU) in the UK. However, there will be cases before the CJEU that involve the UK as a party on the day of the UK’s withdrawal, which by definition relate to the period when the UK was a member of the EU. These will need to be resolved satisfactorily as part of a smooth and orderly exit. A similar issue arises for EU administrative procedures involving the UK. [...]

3. Privileges and immunities

The UK recognises the need for certain privileges and immunities to apply for a limited period after exit, in order to allow the EU a reasonable time in which to wind up its current operations in the UK. Looking ahead to the deep and special partnership, the UK wants to put in place a legally acceptable framework of privileges and immunities that allows for the smooth conduct of relations between the UK and the EU.

In addition to discussing these and other technical withdrawal issues next week, the two negotiating teams will also focus on citizens’ rights, the question of a financial settlement, and Northern Ireland and Ireland.

On citizens’ rights, the Government’s priority remains providing certainty as soon as possible to EU citizens living in the UK, and UK nationals in the EU. To that end, we will use next week’s round to review the technical elements of the EU and UK proposals, identifying areas of alignment and those where further work is required by both parties.

On the financial settlement, as set out in the Prime Minister’s letter to President Tusk, the Government has been clear that we will work with the EU to determine a fair settlement of the UK’s rights and obligations as a departing member state, in accordance with the law and in the spirit of our continuing partnership. The Government recognises that the UK has obligations to the EU, and the EU obligations to the UK, that will survive the UK’s withdrawal—and that these need to be resolved.

Finally, in June, I agreed with Michel Barnier to establish a dialogue on Northern Ireland and Ireland, which in recognition of its importance is led by the UK and EU Coordinators. Both parties are committed to the Belfast Agreement, avoiding a return to a hard border, ensuring that nothing is done that jeopardises the peace process, and preserving the Common Travel Area and associated arrangements. Our focus next week will be on discussing how to ensure the preservation of the Common Travel Area, and to restate our shared commitment to the Belfast Agreement. [...]

Full statement

Information about the Repeal Bill

Technical note on implementing the withdrawal agreement

© Department for Exiting the European Union