The European Union (Withdrawal) Bill: Devolution

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Series Details No.8154 (24.11.17)
Publication Date 24/11/2017
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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
+ Immigration Bill
+ Fisheries Bill
+ Agriculture Bill
+ Nuclear Safeguards Bill
+ International Sanctions Bill

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 November 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Day one of the Committee Stage would include debate about the first clause of the Bill which repealed the European Communities Act 1972.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 those parts of the parts of the European Union (Withdrawal) Bill concerning devolution, ahead of the House of Commons consideration of them on the 4 and 6 December 2017 at the Committee Stage.

This paper addressed:

+ Clauses 10 and 11 and their associated Schedules 2 and 3. These concern devolution, including the legislative competence of the devolved legislatures in respect of retained EU law, the executive competence of devolved Ministers, and the power of those Ministers to make corrective regulations, and some other regulations, as a result of withdrawal from the EU.

+ The legislative consent memoranda submitted by the Scottish and Welsh Governments, in which they explain their reasons for not recommending that the Scottish Parliament and the National Assembly for Wales give their consent to the Bill.

+ The question of UK or GB policy frameworks, and the role of the Joint Ministerial Committee, the EU negotiations sub-committee of which has agreed principles for the frameworks.

+ The amendments to the Bill drafted by the Scottish and Welsh Governments and tabled by MPs in the House of Commons.

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.

Source Link http://researchbriefings.files.parliament.uk/documents/CBP-8154/CBP-8154.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/
United Kingdom: House of Commons: Scottish Affairs Committee: 1st Report (2017-19) HC375 (November 2017): European Union (Withdrawal) Bill: Implications for devolution http://www.europeansources.info/record/european-union-withdrawal-bill-implications-for-devolution/
UCL: The Constitution Unit, 07.09.17: Blog: The European Union (Withdrawal) Bill: legal implications for devolution (et al) http://www.europeansources.info/record/the-european-union-withdrawal-bill-legal-implications-for-devolution/
Wales: National Assembly for Wales: Research Service: Research Briefing September 2017: The European Union (Withdrawal) Bill: An introductory guide (NAW Research Service, September 2017) http://www.europeansources.info/record/the-european-union-withdrawal-bill-an-introductory-guide/
Wales: Government / Scotland: Government: Press Release, 13.07.17: Government Joint statement from First Ministers of Wales and Scotland in reaction to the EU (Withdrawal) Bill, 13 July 2017 http://www.europeansources.info/record/joint-statement-from-first-ministers-of-wales-and-scotland-in-reaction-to-the-eu-withdrawal-bill/
ESO: Find further information in ESO on Brexit, the EU Withdrawal Bill and devolution http://www.europeansources.info/advSearchLink?keyword=brexit%20after%20devolved%20competences&searchOption=all
UK: Parliament: House of Commons: Library: Briefing Paper, No.8275 (29.05.18, and periodically updated as appropriate): Legislative Consent and the European Union (Withdrawal) Bill (2017-19): the Joint Ministerial Committee, proposed amendments, and the 'Continuity Bills' http://researchbriefings.files.parliament.uk/documents/CBP-8275/CBP-8275.pdf

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