Exiting the EU with certainty [ European Union (Withdrawal) Bill | Repeal Bill ]

Author (Corporate)
Series Title
Series Details 13.07.17
Publication Date 13/07/2017
Content Type

Background
Following the 8 June 2017 General Election in the United Kingdom the State Opening of Parliament took place on the 21 June 2017. This marked the formal start of the parliamentary year and included the Queen's Speech which set out the government’s agenda for the 2017-19 session, outlining proposed policies and legislation.

The programme was dominated by proposed legislation dealing with the United Kingdom's planned leaving of the European Union. Eight of the twenty seven bills to be introduced were connected with Brexit.

+ Repeal Bill (introduced on the 13 July 2017)
+ Customs Bill
+ Trade Bill
+ Immigration Bill
+ Fisheries Bill
+ Agriculture Bill
+ Nuclear Safeguards Bill
+ International Sanctions BillThe United Kingdom Government took the next step in the process of the UK leaving the European Union on the 13 July 2017 by introducing the European Union (Withdrawal) Bill.

Known as the Repeal Bill, it was designed, the government suggested, to ensure that the UK exited the EU with maximum certainty, continuity and control. As far as possible, the same rules and laws would apply on the day after exit as on the day before. It also delivered on our promise to end the supremacy of EU law in the UK.

The Repeal Bill was a mechanism to achieve three 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 the UK legal system continues to function outside the EU.

The Department for Exiting the European Union published a series of Fact Sheets and Explanatory Notes to accompany the publication of the Bill itself. The Fact Sheets covered the following topics:

+ General
+ Converting and preserving law
+ The correcting power
+ Power to implement the withdrawal agreement
+ Devolution
+ Charter of Fundamental Rights
+ Workers' Rights
+ Environmental protections
+ Consumer protections
+ Glossary
+ Impact Assessment
+ Regulatory Policy Committee opinion

Even though the bill was introduced in July 2017 parliamentary scrutiny in practice would only begin in the autumn of 2017 after the summer break. Opposition parties, human rights groups and the leaders of Scotland and Wales criticised aspects of the bill and suggested they would call for substantive amendments.

Separately, the UK Government also published on the 13 July 2017 a set of Position papers outlining how the UK would negotiate on important issues related to Brexit.

Ahead of the second round of negotiations in the third week of July 2017, the documents laid out the UK’s approach on:

+ Ongoing Union Judicial and Administrative Proceedings
+ Nuclear materials and safeguards issues (see background)(see also two further Technical Notes Policy Papers issued on the 28 August 2017 - see related urls below)
+ Privileges and Immunities (supplemented by a Technical Note Policy Paper published on the 28 August 2017 - see related urls below).

These Position Papers can be accessed via the related url below 'Position papers published ahead of July negotiation'.

Source Link Link to Main Source https://www.gov.uk/government/news/exiting-the-eu-with-certainty
Related Links
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/
UK: European Union (Withdrawal) Bill https://www.publications.parliament.uk/pa/bills/cbill/2017-2019/0005/18005.pdf
UK: Department for Exiting the European Union: European Union (Withdrawal) Bill. Explanatory Notes, July 2017 https://www.publications.parliament.uk/pa/bills/cbill/2017-2019/0005/en/18005en.pdf
UK: Department for Exiting the European Union: Policy Paper: Information about the Repeal Bill: Factsheets, July 2017 (and periodically updated) https://www.gov.uk/government/publications/information-about-the-repeal-bill
BBC News, 13.07.17: Brexit: Repeal bill published by the government http://www.bbc.co.uk/news/uk-politics-40589510
The Guardian, 13.07.17: 'Great repeal bill' human rights clause sets up Brexit clash with Labour https://www.theguardian.com/politics/2017/jul/13/great-repeal-bill-human-rights-clause-sets-up-brexit-clash-with-labour
Politico, 13.07.17: UK Repeal Bill sets up rights clash with opposition parties http://www.politico.eu/article/uk-repeal-bill-sets-up-rights-clash-with-opposition-parties/
ESO: Background information: What are the prospects for the Repeal Bill? (IfG, July 2017) http://www.europeansources.info/record/what-are-the-prospects-for-the-repeal-bill/
UK: GOV.UK: Department for Exiting the European Union: News, 13.07.17: Position papers published ahead of July negotiation https://www.gov.uk/government/news/position-papers-published-ahead-of-july-negotiation
United Kingdom: Department for Exiting the European Union: Collection: Article 50 and negotiations with the EU https://www.gov.uk/government/collections/article-50-and-negotiations-with-the-eu
In Facts: Comment, 13.07.17: David Davis’s Apocalypse Now https://infacts.org/david-daviss-apocalypse-now/
EUObserver, 13.07.17: UK to depart EU court and Euratom https://euobserver.com/uk-referendum/138524
The Conversation, 14.07.17: Law expert: where the Brexit battles over the repeal bill will be fought in parliament https://theconversation.com/law-expert-where-the-brexit-battles-over-the-repeal-bill-will-be-fought-in-parliament-80980
Blog: IfG, 13.07.17: Battle lines are drawn around the EU Repeal Bill https://www.instituteforgovernment.org.uk/blog/battle-lines-eu-repeal-bill-withdrawal-brexit
EUObserver, 14.07.17: [Opinion]: Repeal Bill enters land of unknown https://euobserver.com/uk-referendum/138531
Blog: UCL: The Constitution Unit, 18.07.17: The European Union (Withdrawal) Bill: constitutional change and legal continuity https://constitution-unit.com/2017/07/18/the-european-union-withdrawal-bill-constitutional-change-and-legal-continuity/
UK: Parliament: House of Commons Library: Briefing Paper, No.8079 (01.09.17): European Union (Withdrawal) Bill http://researchbriefings.files.parliament.uk/documents/CBP-8079/CBP-8079.pdf
UK: Department for Exiting the European Union: Policy Paper, 28.08.17: Technical note on functionality and Protocol 7 https://www.gov.uk/government/publications/technical-note-on-functionality-and-protocol-7
UK: Department for Exiting the European Union: Policy Paper, 28.08.17: Technical note on existing contracts for the supply of nuclear material https://www.gov.uk/government/publications/technical-note-on-existing-contracts-for-the-supply-of-nuclear-material
UK: Department for Exiting the European Union: Policy Paper, 28.08.17: Technical note on spent fuel and radioactive waste https://www.gov.uk/government/publications/technical-note-on-spent-fuel-and-radioactive-waste

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