The European Union (Withdrawal) Bill: Clauses 9, 8 and 17

Author (Corporate)
Publisher
Series Title
Series Details No.8170 (07.12.17)
Publication Date 07/12/2017
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.

+ European Union (Withdrawal) Bill (introduced on the 13 July 2017)
+ Customs Bill
+ Trade Bill (introduced on the 7 November 2017)
+ Immigration Bill
+ Fisheries Bill
+ Agriculture Bill
+ Nuclear Safeguards Bill (introduced on the 11 October 2017)
+ International Sanctions Bill (introduced on the 18 October 2017)

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.

As the United Kingdom Parliament returned from recess in October 2017, the United Kingdom Government's energy was again focused on the EU (Withdrawal) Bill.

Open Europe's Anders Jay explained that all factions must cooperate to ensure that this vital piece of legislation survived committee stage during the autumn of 2017.

However, news sources such as The Guardian reported that the UK government was having to delay the committee stage examination due to the large number of hostile amendments put down by MPs. In the end the Committee Stage was announced as taking place on the 14-15 November 2017.

+ 1st Reading: 13 July 2017
+ 2nd Reading: 7-11 September 2017
+ Committee Stage: 14-15, 21 November 2017 and 4, 6, 12, 13 and 20 December 2017.

Day one of the Committee Stage would include debate about the first clause of the Bill which repealed the European Communities Act 1972.

In the previous week, the Government had tabled an amendment to the Bill, putting exit day on the face of the Bill (29 March 2019) after Ministers had listened carefully to the debate around setting ‘exit day’ for the statutory purposes of the Bill.

Further dates for debate would be scheduled in due course and announced by the Leader of the House.

Linked politically but separately the UK Government had announced on the 13 November 2017 a new Bill to enshrine the Withdrawal Agreement between the UK and the EU in domestic law.

The Withdrawal Agreement and Implementation Bill would give legal standing to separation from the EU.

It would confirm that the major policies set out in the Withdrawal Agreement would be directly implemented into domestic law by primary legislation – not by secondary legislation under the EU (Withdrawal) Bill. This would allow for Parliamentary scrutiny and oversight of the process.This House of Commons: Library: Briefing Guide looks at Clauses 9, 8 and 17 of the EUW Bill, each of which contained a delegated power for ministers to make secondary legislation, for specific purposes, in order to prepare for Brexit:

+ Clause 9 provides the Government with the legislative authority to use secondary legislation to implement any withdrawal agreement agreed with the European Union under Article 50(2) Treaty on European Union (TEU)

+ Clause 8 gives Government the power, until two years after exit day, to make secondary legislation to prevent or remedy any breaches of the UK’s international obligations that might arise from Brexit

+ Clause 17 grants powers to make consequential and transitional provisions.

The Briefing Paper was prepared for day 7 of the Committee Stage of the European Union (Withdrawal) Bill in the House of Commons, scheduled for 13 December 2017.

For more information associated with the Committee Stage on the European Union (Withdrawal) Bill 2017-2019 in the House of Commons between November-December 2017 click here.

To follow the progress of the bill throughout parliament click here.

During the Committee Stage of the Bill in November and December 2017 the House of Commons Library produced a series of Research Briefings on aspects / articles of the Bill:

+ The European Union (Withdrawal) Bill: Clause 7 'the correcting power'
+ EU (Withdrawal) Bill: clauses 9, 8 and 17
+ The European Union (Withdrawal) Bill: Devolution (Clauses 10 and 11)
+ The European Union (Withdrawal) Bill: Financial provision and fees and charges (Clause 12)

Source Link http://researchbriefings.files.parliament.uk/documents/CBP-8170/CBP-8170.pdf
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/

Countries / Regions