July 17, 2017

The Government has laid before Parliament the European Union (Withdrawal) Bill, known as the Great Repeal Bill.

The Government says that the Bill is designed to ensure that the UK exits the EU with “maximum certainty, continuity and control.” As far as possible, the same rules and laws will apply on the day after exit as on the day before. The Government says that this will allow the UK to leave the EU while ensuring that the UK’s future laws will be made in London, Edinburgh, Belfast and Cardiff.

In the Government’s view, for businesses, workers and consumers across the UK, “that means they can have confidence that they will not be subject to unexpected changes on the day we leave the EU.” The Bill also delivers on the Government’s promise to end the supremacy of EU law in the UK.

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

• repeal the European Communities Act 1972, 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; and
• 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 Parliament will prepare the 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, the Government says. “As we exit the EU we want to ensure power sits closer to the people of the UK than ever before”. Further, the Bill will ensure that nothing changes for Scotland, Wales and Northern Ireland, who will not lose any of their current decision-making powers. In fact, 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 says that it 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 it has 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, it 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 Government says that it is clear that it wants “a smooth and orderly exit and the Bill is integral to that approach.”

To ensure the UK is prepared for the process of withdrawal from the EU, the Government will also introduce a number of Bills over the course of the next two years including a Customs Bill and an Immigration Bill.

The Great Repeal Bill means that the UK can make corrections to EU law so that it functions as UK law. This could involve changing a reference to a particular piece of EU law or transferring important functions from EU institutions to UK institutions, depending on the outcome of the negotiations. “Allowing corrections to be made quickly will provide certainty for business”, the Government says. To read the Government’s press release and for a link to the Bill, click here.