European Union (Withdrawal) Act 2018

Last updated

European Union (Withdrawal) Act 2018
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Parliament of the United Kingdom
Long title An Act to Repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.
Citation 2018 c.16
Introduced by
Territorial extent  England and Wales, Scotland and Northern Ireland
(section 24(3) authorises the modification of certain Regulations which extend to Gibraltar)
Dates
Royal assent 26 June 2018
Commencement 26 June 2018
Other legislation
Amends
Repeals/revokes
Relates to
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The European Union (Withdrawal) Act 2018 (c. 16) is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.

The Act is to enable "cutting off the source of EU law in the UK ... and remove the competence of EU institutions to legislate for the UK". [1] The 2017–2019 Government of Theresa May regarded it as the most significant constitutional legislation to have been passed by Parliament since the European Communities Act itself in 1972. [1]

To provide legal continuity, the Act enables the transposition of directly-applicable already-existing EU law into UK law, [2] and so "create a new category of domestic law for the United Kingdom: retained EU law" (also known as "REUL"). [1] [3] It also gives the government some restricted power to adapt and remove laws that are no longer relevant.

It makes future ratification of the withdrawal agreement, as a treaty between the UK and EU, depend upon the prior enactment of another Act of Parliament to approve the final terms of withdrawal when Brexit negotiations are completed. It fixed 21 January 2019 (at the latest) as the day on which the government must decide on how to proceed if the negotiations had not reached agreement in principle, on both the withdrawal arrangements and the framework for the future relationship between the UK and EU, and for parliamentary debate on this Government decision.

The Act was one of a number of planned pieces of legislation affecting international transactions and control of borders, including movement of goods. [4]

The Act came fully into force on Friday 31 January 2020 at 23:00 Greenwich Mean Time, although it was amended by the European Union (Withdrawal Agreement) Act 2020 which saved the effect of the European Communities Act 1972 (ECA 1972) during the implementation period and formally ratified and incorporated the Withdrawal Agreement into domestic law after the United Kingdom formally left the European Union.

Provisions

Repealing ECA 1972 and ratifying withdrawal agreement

The Act is made in connection with the withdrawal of the United Kingdom from the European Union on 29 March 2019, the second anniversary of notice of withdrawal under Article 50 (2) of the Treaty on European Union. The Act provides for ratifying and implementing the agreement setting out the withdrawal arrangements. The mandatory period for negotiating the agreement is stated in the EU negotiating directives as ending "at the latest on 30 March 2019 at 00:00 (Brussels time)" —i.e. Central European Time— "unless the European Council, in agreement with the United Kingdom, unanimously decides to extend this period in accordance with Article 50(3) of the Treaty on European Union". [5] [6]

The Act legislates for the following:

  • conversion of directly-applicable EU law (EU regulations) into UK law.
  • preservation of all laws that have been made in the UK to implement EU obligations.
  • continuing to make available in UK law the rights in EU treaties, that are relied on directly in court by an individual.
  • ending the supremacy of EU law in the United Kingdom. [10] : ch.2 

Parliamentary approval: section 13

The Act's section 13 contains a set of mandatory procedures for Parliament's approval to the various possible outcomes of the government's negotiations with the EU. One outcome is that there will be an agreement between the United Kingdom and the EU under Article 50 of the Treaty on European Union which sets out the arrangements for the United Kingdom's withdrawal from the EU. In the Act the agreement is called the withdrawal agreement. The Act provides (section 13) that before the withdrawal agreement can be ratified, as a treaty between the United Kingdom and the European Union, an act of Parliament must have been passed which provides for its implementation. The Act allows (section 9) regulations to be made and in force on or before exit day for the purpose of implementing the withdrawal agreement, but only if by then an act of Parliament has been enacted "approving the final terms of withdrawal of the United Kingdom from the EU".

An analysis of the process set out in the Act published by the Institute for Government discusses the procedure for approving treaties that is set out in the Constitutional Reform and Governance Act 2010 (CRAG) which may apply to the withdrawal agreement and the framework agreement for future relations, depending on what they contain. The procedure could prevent ratification, but in exceptional cases a government may ratify a treaty without consulting Parliament. [12]

Alternatively (section 13 (10)), if by Monday 21 January 2019 – less than eleven weeks before the mandatory negotiating period ends on Friday 29 March – there is no agreement in principle in the negotiations on the substance of the withdrawal arrangements and the framework for the future relationship between the EU and the United Kingdom, the government must publish a statement setting out how the government proposes to proceed, and must arrange for debate about that in Parliament within days.

"Under the Standing Orders of the House of Commons it will be for the Speaker to determine whether a motion when it is introduced by the Government under the European Union (Withdrawal) Bill is or is not in fact cast in neutral terms and hence whether the motion is or is not amendable. The Government recognises that it is open for Ministers and members of the House of Commons to table motions on and debate matters of concern and that, as is the convention, parliamentary time will be provided for this."

Ministerial Statement HCWS781, 21 June 2018 [13]

The approval provisions use certain words in special ways:

Coming into force: section 25

The sections of the Act that came into force immediately when the Act passed into law on 26 June 2018, as listed in section 25 (1), include:

Subsections (2) and (3) relate to the devolved administrations of Northern Ireland, Scotland and Wales. Subsection (4) provides for bringing into force by government regulation the remaining provisions of the Act, [11] including:

No regulation for bringing any of those provisions into force was made before the end of June 2018.

Exit day

Exit day is the date and time defined in UK legislation for the switch from EU law to UK law, the main changes being to repeal the European Communities Act 1972 and to bring retained EU law into effect. It does not affect when the UK leaves the EU, but the intention is that it is synchronised with that event. [14] Exit day was 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET). [15] The Act has been amended (by secondary legislation passed under section 20 of the Act) to update the definition of "exit day" to align with extensions to Article 50. Exit day was first varied to 12 April 2019, 22 May, [16] and then to 31 October 2019. [17] It was also amended by the European Union (Withdrawal) (No. 2) Act 2019 (the "Benn Act") to make such amendments mandatory rather than discretionary.

EU case law

Before exit day, case law emanating from the Court of Justice of the European Union (CJEU, formerly and still commonly known as the ECJ) is binding on UK courts. The Act will have ECJ case law retained as part of the law, but it will no longer be binding on the courts and tribunals of the United Kingdom. The legislation permits courts to depart from ECJ caselaw after applying the same test as they would apply in deciding whether to depart from their own case law.

Human rights laws

The Act makes explicit in section 5 that the Charter of Fundamental Rights of the European Union will cease to be a part of UK law after Brexit. [18]

Additional repeals

Repeal of other Acts include:

Amendments

Amendments to other Acts include:

Terminology

The "Interpretation of retained EU law" section defines and names some concepts:

retained domestic case law
"principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect immediately before exit day and so far as they" [19] (these are related to retained law excluding exceptions with possible future changes)
retained EU case law
"principles laid down by, and any decisions of, the European Court, as they have effect in EU law immediately before exit day and so far as they" [19] (these relate to retained law, excluding exceptions with possible future changes)
retained EU law
"anything which, on or after exit day, continues to be, or forms part of, domestic law by virtue of section 2, 3 or 4 or subsection (3) or (6) above (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time)" [19]
retained general principles of EU law
"the general principles of EU law, as they have effect in EU law immediately before exit day and so far as they" [19]

The reference to future changes and exceptions concerns the principle of primacy of European Union law which "does not apply to any enactment or rule of law passed or made on or after exit day", but "continues to apply on or after exit day so far as relevant to the interpretation, disapplication or quashing of any enactment or rule of law passed or made before exit day". [20] In addition, there are specific interpretative exceptions for the rule in Francovich [21] (which allows compensation for not transposing EU directives into domestic law), and the Charter of Fundamental Rights of the European Union. [20]

Consequences and responses

Connected legislation: world and cross-border trade

Two bills that allow for various outcomes including no negotiated settlement, that were introduced in the House of Commons in November 2017, completed all stages there in July 2018 and passed from the Commons to the House of Lords: the Taxation (Cross-border Trade) Bill on 16 July, [22] and the Trade Bill on 17 July. [22] The government stated that the Haulage Permits and Trailer Registration Act 2018, which became law on 19 July 2018, [23] would apply to a permit scheme for international road haulage and was made in connection with the government's aim in the negotiations to develop the existing international access for commercial road haulage. [24] On 4 September 2018, the Taxation (Cross-Border Trade) Bill passed its second reading, committee stages and third reading in the House of Lords, and later became law after receiving Royal Assent on 13 September. [25] [26]

Impact on devolution

The government published in March 2018 a provisional analysis about the devolved administrations receiving new powers as the UK leaves the EU. [27]

In devolved administrations, the powers previously exercised by the EU in relation to the United Kingdom common framework policies would return to the UK, allowing the rules to be set in the UK by Westminster representatives. Ministers of devolved administrations would be given the power to amend devolved legislation to correct law that would not operate appropriately following Brexit. [10] : ch.4  However, the bill also prevents devolved administrations from making changes that are "inconsistent" with those made by the UK government. [28] : sch.2, pt.3(2)  This significantly limits the power of the devolved governments by making it impossible for them to, for example, choose to retain a piece of EU law that has been modified by the UK government. [29]

Wales

The National Assembly for Wales in response passed the Law Derived from the European Union (Wales) Act 2018, which became law on 6 June 2018 [30] and was repealed shortly afterwards on 22 November 2018. [31]

Scotland

The Scottish Parliament passed the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 2018 on 21 March 2018, [32] to prepare Scots law for Brexit, but was referred for scrutiny to the Supreme Court under section 33 of the Scotland Act 1998, to determine whether the parliament had legislative competence to pass such a bill; [33] [34] pending that judgement, Royal Assent was not sought. [32] The hearing began on 24 July 2018. On 13 December 2018, the Supreme Court ruled section 17 of the Bill to be outwith the legal competence of the Scottish Parliament under the Scotland Act 1998, partly because it attempted to amend the Scotland Act 1998 itself (prohibited by Schedule 4 of the Scotland Act), [33] partly due to inherent conflict with section 28(7) of the Scotland Act, [33] and partly due to conflict with the subsequently passed and enacted European Union (Withdrawal) Act 2018 while the Scottish Bill was under review, [33] and that the bill as far as that section is concerned is, therefore, 'not law'. [35] The governments of Scotland and of the United Kingdom differed sharply on the outcome. The (UK) Secretary of State for Scotland, David Mundell, said the court had "provided much-needed legal clarity" that the bill "goes beyond the powers of the Scottish Parliament", but Scotland's Brexit Secretary Michael Russell argued that the UK government had "changed the rules of the game midway through the match" in an "act of constitutional vandalism". [36]

Northern Ireland

In Northern Ireland, the Northern Ireland Assembly had been suspended and the province has been without devolved government from 9 January 2017, for a March 2017 general Assembly election, until 11 January 2020. [37] [38] The leading party in the Assembly, the Democratic Unionist Party withdrew support for the Assembly, through the rsesignation of First Minister Paul Givan, in February 2022, in protest over the Northern Ireland Protocol of the Brexit agreement, [39] the implementation of which unionists have objected to. [40]

Following a second general election in 2022, Sir Jeffrey Donaldson, DUP leader and Member of Parliament for Lagan Valley secured an MLA position in the eponymous constituency, becoming the presumed choice for Deputy First Minister, but announced that the DUP leadership team would decide if he would take that seat, (and thus call a by-election for his Westminster seat). On 12 May, the day before the first scheduled sitting day of the Assembly, Donaldson announced his decision to remain as an MP, and formally co-opted former MP for Belfast South and MLA for Belfast South, Emma Little-Pengelly, to take his seat in the Assembly. [41] The DUP refused to assent to the election of a Speaker, in further protest to the Northern Ireland Protocol, so the Assembly could not continue to other business including the appointment of a fresh executive. [42]

European Union response

After the Act became law on 26 June 2018, the European Council decided on 29 June to renew its call on member states and union institutions to step up their work on preparedness at all levels and for all outcomes. [43]

Events after enactment

The Democratic Unionist Party, whose support the government needed to maintain a majority in key Commons votes, said on 2 July 2018 it would not support any deal which did not give the UK full control over its borders. [44]

After a meeting to discuss the latest development of the negotiations, when the European Union's chief negotiator Michel Barnier repeatedly told the Prime Minister the EU would not agree to discuss trade until an agreement was found on the terms of withdrawal, the prime minister informed the House of Commons on 2 July 2018 that she warned EU leaders that she did not think Parliament will approve the withdrawal agreement in the autumn "unless we have clarity about our future relationship alongside it". [45] This was followed by a decision at a Cabinet meeting at Chequers on 6 July that continuing preparations for potential outcomes included the 'no deal' possibility. [46]

David Davis, who as Secretary of State for Exiting the European Union had introduced the Act as a bill in Parliament, and who had attended the Cabinet meeting at Chequers on 6 July, resigned on 8 July, [47] saying in his resignation letter, "In my view the inevitable consequence of the proposed policies will be to make the supposed control by Parliament illusory rather than real." [48] The next day, the prime minister appointed Dominic Raab as Brexit Secretary. [49] Later in the day, the resignation of the Foreign Secretary, Boris Johnson, who had also attended the Chequers Cabinet meeting, was made public. [50] [51] Within hours, the prime minister appointed Jeremy Hunt as Johnson's successor. [52]

The government's policy on the future relationship between the United Kingdom and the European Union that the Cabinet had discussed at Chequers was published as a White Paper on 12 July 2018 [53] for debate in the House of Commons the following week. [54]

While the President of the United States was on a visit to the United Kingdom on 13 July 2018, a comment by him that the UK would probably not get a trade deal with the US if the prime minister's plan went ahead was widely published in the media. [55]

The government confirmed in the House of Commons on 19 July 2018 that the UK would be leaving the EU on 29 March 2019, as stated in the Withdrawal Act and the White Paper.[ citation needed ] The first meeting of Dominic Raab, the newly appointed UK Secretary of State, with the EU's chief negotiator, Michel Barnier, was in Brussels later on the same day (19 July 2018). Raab offered to meet Barnier throughout August to "intensify" talks, while both the UK and EU were insisting that reaching agreement by the autumn on the UK withdrawal in March 2019 was still very much on the cards. [56]

Legislative history

In October 2016 the Prime Minister, Theresa May, promised a "Great Repeal Bill", which would repeal the European Communities Act 1972 and restate in UK law all enactments previously in force under EU law. It would smooth the transition by ensuring that all laws remain in force until specifically repealed. [57] [58]

Repeal Bill plan

The Repeal Bill plan, officially known as Legislating for the United Kingdom's withdrawal from the European Union (Cm 9446), was a UK Government white paper setting out the Government's proposals for repealing the European Communities Act 1972 and how to maintain a fully functioning statute book after the United Kingdom had left the European Union. It was published on 30 March 2017 (the day after the UK triggered Article 50) by the Department for Exiting the European Union. [59] [60]

Henry VIII clauses

In March 2017, a report by Thomson Reuters identified 52,741 pieces of legislation that have been passed since 1990. Transferring European legislation into British law is the quickest way to ensure continuity. [61] [62] These may refer to EU institutions that the UK will no longer belong to, or use phrasing assuming that the UK is an EU member state, and hence they cannot simply be directly converted into law. Redrafting all of the tens of thousands of laws affected and voting on them through Parliament would be an impossibly time-consuming process, so the bill included provisions, informally known as Henry VIII clauses, which would allow ministers to make secondary legislation to amend or remove these laws (both primary and secondary legislation) to resolve "deficiencies" by making statutory instruments.

In the bill, the powers were divided between two clauses. Clause 7 made provision for ministers to correct "deficiencies" in law (including references to EU institutions that the UK is no longer a member of, EU treaties that are no longer relevant, and redundancies), expiring two years after the UK leaves the EU. These proposed powers could not be used to make secondary legislation for

Clause 9 of the bill offered ministers unusually broad powers to make changes to legislation. Although some safeguards were included to limit the situations in which law can be modified, for instance with the inclusion of sunset clauses, the provisions granting these powers were criticised for being too wide-ranging.

House of Commons first and second readings

On 13 July 2017, David Davis, the Secretary of State for Exiting the European Union, introduced the bill in the House of Commons. As a government bill, this first reading was pro forma, with the first debate taking place on the second reading. [63]

The second reading and debate on the bill began on 7 September 2017. [64] [65] The debate and second reading resumed on 11 September. [65] [66] Shortly after midnight on 12 September, the second reading passed by a margin of 326 to 290, a majority of 36 votes, [65] [67] after an amendment proposed by the Labour Party was rejected by a margin of 318 to 296. [68] A motion to put the Bill under eight days of Committee scrutiny passed by 318 to 301. [69]

House of Commons committee stage

The committee stage was originally scheduled to take place after MPs returned to Parliament following the conclusion, in October, of their respective party conferences. [64] However, Andrea Leadsom, Leader of the House of Commons, announced on 26 October that the committee stage was to begin on 14 November. [70] Committee stage began as scheduled on 14 November [71] as a Committee of the Whole House, and completed on 20 December 2017.

MPs tabled more than 470 amendments to the bill, [71] and one of these provided Theresa May's government with its first defeat on government business, as MPs voted by 309 to 305 to give Parliament a legal guarantee of a vote on the final Brexit deal struck with Brussels. [72] The government had originally suggested that as the bill will be a major focus of the parliamentary debate on Brexit as a whole, it would provide an alternative to a vote on the deal agreed in the Brexit negotiations. [73] However, on 13 November 2017 the government announced that it would introduce a separate Withdrawal Agreement and Implementation Bill to deal separately with examining an agreement from the negotiations between the UK and EU, if any is reached, which would provide Parliament with a vote, but this did not prevent the amendment to the bill being passed.

The repeal was planned to be enacted during the Brexit negotiations, but to come into force on 'exit day'. As originally tabled, the bill did not give a date for 'exit day', but said that "'exit day' means such day as a Minister of the Crown may by regulations appoint". [74] If no time is specified, it was to be "the beginning of that day". [74] However, the government tabled an amendment in Committee Stage so the bill then said "'exit day' means 29 March 2019 at 11.00 p.m". To avoid a second possible defeat, [75] the government accepted a further amendment that "A Minister of the Crown may by regulations amend the definition of 'exit day'", [74] allowing for flexibility in the event of a transitional deal, or extra time being needed in the negotiations.

A total of 40 divisions took place during committee stage. [76] Proposed amendments that were not passed include:

House of Commons report stage and third reading

The report stage and third reading happened on 16 and 17 January 2018. [81] The bill passed third reading by 324 votes to 295. [82]

House of Lords first and second readings and committee stage

The bill had its first reading in the Lords on 18 January 2018, [83] and second reading on 30 and 31 January 2018, [81] and committed to a Committee of the Whole House. This lasted for eleven days between 21 February and 28 March. [84]

House of Lords report stage

As part of the Lords report stage, a number of amendments were passed, of which 170 were proposed by the Government, and 14 were defeats for the Government, [85] [86] including:

On 30 April, a proposal to advance a second EU Referendum (amendment 50) was rejected by the Lords 260 votes to 202 – a majority of 58. [109]

House of Lords third reading

During the third reading on 16 May 2018, the Government suffered its 15th defeat in the Lords which, including the Commons Committee defeat, [72] meant 16 defeats overall. The bill then passed the third reading. [81]

Consideration of amendments

The Commons debated the amendments proposed by the Lords on 12 and 13 June. [110] A majority voted to reject 14 of the 15 Lords' amendments and accepted only one, [111] which pertained to preservation of relations with the EU. [112] The government also agreed to accept an amendment encouraging the negotiation of a customs arrangement with the EU [113] and further compromised with amendments concerning the issues of Northern Ireland, scrutiny, the environment, and unaccompanied child migrants. [112] A government-backed amendment allowing legal challenges on the basis of EU law for the three-year period following Brexit also passed. [112] It was also agreed that any withdrawal agreement with the EU would not be implemented without Parliament's approval and if there were no such approval, a minister would make a statement setting out how the government "proposes to proceed" within 28 days, [112] as contained in section 13 of the Act as passed.

On 18 June the House of Lords passed another "meaningful vote" amendment similar to the one rejected by the House of Commons which allows a parliamentary vote on Brexit in case no UK-EU Brexit deal was reached, this time reworded so it would not involve only a "neutral motion". [114] This amendment was later defeated by the Commons on 20 June in a 319–303 vote. [115] [116] That day the Lords agreed to accept the government's EU Withdrawal Bill, thus paving the way for it to become law upon royal assent. [117]

Royal assent and commencement

The bill received royal assent by Queen Elizabeth II on 26 June 2018. Section 1 states that the European Communities Act 1972 is repealed on exit day, defined in another section as 29 March 2019 at 11.00 pm (subject to possible modification due to a withdrawal agreement or agreed extension of the negotiating period). [6] Section 25 subsection (1) sets out the provisions of the Act that commenced on 26 June 2018, subsections (2) and (3) set out the provisions of the Act that commenced on that day for certain purposes, and subsection (4) states that the remaining provisions will come into force on the day or days appointed by regulations. [118]

See also

Related Research Articles

<span class="mw-page-title-main">European Communities Act 1972 (UK)</span> United Kingdom legislation

The European Communities Act 1972, also known as the ECA 1972, was an act of the Parliament of the United Kingdom which made legal provision for the accession of the United Kingdom as a member state to the three European Communities (EC) – the European Economic Community, European Atomic Energy Community (Euratom), and the European Coal and Steel Community ; the EEC and ECSC subsequently became the European Union.

<span class="mw-page-title-main">Act of Parliament (United Kingdom)</span> Primary legislation in the United Kingdom

An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.

<span class="mw-page-title-main">Fixed-term Parliaments Act 2011</span> United Kingdom legislation

The Fixed-term Parliaments Act 2011 (FTPA) was an Act of the Parliament of the United Kingdom which, for the first time, set in legislation a default fixed election date for general elections in the United Kingdom. It remained in force until 2022, when it was repealed. Since then, as before its passage, elections are required by law to be held at least once every five years, but can be called earlier if the prime minister advises the monarch to exercise the royal prerogative to do so. Prime ministers have often employed this mechanism to call an election before the end of their five-year term, sometimes fairly early in it. Critics have said this gives an unfair advantage to the incumbent prime minister, allowing them to call a general election at a time that suits them electorally. While it was in force, the FTPA removed this longstanding power of the prime minister.

<span class="mw-page-title-main">European Union Act 2011</span> United Kingdom legislation

The European Union Act 2011, was an Act of the Parliament of the United Kingdom, requiring a referendum be held on amendments of the Treaty on European Union or the Treaty on the Functioning of the European Union.

<span class="mw-page-title-main">Parliamentary sovereignty in the United Kingdom</span> Constitutional principle of the United Kingdom

Parliamentary sovereignty is an ancient concept central to the functioning of the constitution of the United Kingdom but which is also not fully defined and has long been debated. Since the subordination of the monarchy under parliament, and the increasingly democratic methods of parliamentary government, there have been the questions of whether parliament holds a supreme ability to legislate and whether or not it should.

<span class="mw-page-title-main">Brexit</span> The United Kingdoms withdrawal from the European Union

Brexit was the withdrawal of the United Kingdom (UK) from the European Union (EU). Following a referendum held in the UK on 23 June 2016, Brexit officially took place at 23:00 GMT on 31 January 2020. The UK, which joined the EU's precursors the European Communities (EC) on 1 January 1973, is the only member state to have withdrawn from the EU. Following Brexit, EU law and the Court of Justice of the European Union no longer have primacy over British laws. The European Union (Withdrawal) Act 2018 retains relevant EU law as domestic law, which the UK can amend or repeal.

<span class="mw-page-title-main">European Union Referendum Act 2015</span> United Kingdom legislation

The European Union Referendum Act 2015 was an Act of the Parliament of the United Kingdom that made legal provision for a consultative referendum to be held in the United Kingdom and Gibraltar, on whether it should remain a member state of the European Union or leave the bloc altogether. The Bill was introduced to the House of Commons by Philip Hammond, Foreign Secretary on 28 May 2015. Two weeks later, the second reading of the Bill was supported by MPs from all parties except the SNP; the Bill subsequently passed on its third reading in the Commons on 7 September 2015. It was approved by the House of Lords on 14 December 2015, and given Royal Assent on 17 December 2015. The Act came partly into force on the same day and came into full legal force on 1 February 2016.

<span class="mw-page-title-main">United Kingdom invocation of Article 50 of the Treaty on European Union</span> Invocation of the EUs withdrawal process for "Brexit"

On 29 March 2017, the United Kingdom (UK) invoked Article 50 of the Treaty on European Union (TEU) which began the member state's withdrawal, commonly known as Brexit, from the European Union (EU). In compliance with the TEU, the UK gave formal notice to the European Council of its intention to withdraw from the EU to allow withdrawal negotiations to begin.

<span class="mw-page-title-main">European Union (Notification of Withdrawal) Act 2017</span> United Kingdom legislation

The European Union Act 2017 was an Act of the Parliament of the United Kingdom to empower the Prime Minister to give to the Council of the European Union the formal notice – required by Article 50 of the Treaty on European Union – for starting negotiations for the United Kingdom's withdrawal from the European Union. It was passed following the result of the 2016 United Kingdom European Union membership referendum held on 23 June in which 51.9% of voters voted to leave the European Union.

The European Union (Withdrawal) Act 2019, also known as the Repeal Bill is an Act of the Gibraltar Parliament announced by Chief Minister Fabian Picardo, that transposed directly-applicable European Union law into the law of Gibraltar as part of the UK's exit from the European Union (Brexit). It has the same effect as the European Union (Withdrawal) Act 2018.

<span class="mw-page-title-main">European Union (Withdrawal Agreement) Act 2020</span> Law which ratifies the UKs exit from the European Union

The European Union Act 2020 is an act of the Parliament of the United Kingdom that makes legal provision for ratifying the Brexit withdrawal agreement and incorporating it into the domestic law of the United Kingdom. It is the most significant constitutional piece of legislation to be passed by Parliament of the Second Johnson ministry. The Withdrawal Agreement was the result of Brexit negotiations.

<span class="mw-page-title-main">Parliamentary votes on Brexit</span> UK Parliament vote on Brexit

Parliamentary votes on Brexit, sometimes referred to as "meaningful votes", were the parliamentary votes under the terms of Section 13 of the United Kingdom's European Union (Withdrawal) Act 2018, which requires the government of the United Kingdom to bring forward an amendable parliamentary motion at the end of the Article 50 negotiations between the government and the European Union in order to ratify the Brexit withdrawal agreement.

The European Union Withdrawal Agreement Bill 2017–19 was a private member's bill of the Parliament of the United Kingdom to make provision for the holding of a “public vote” (referendum) in the United Kingdom and Gibraltar following the conclusion of negotiations by Her Majesty's Government and the European Union on whether to support the proposed exit deal for the United Kingdom's withdrawal from the European Union or to remain a member state of the EU. The bill was sponsored by English Labour Co-operative MP Gareth Thomas. The bill failed upon the conclusion of the parliamentary session in November 2019, and withdrawal took place on 31 January 2020 without a second referendum.

<span class="mw-page-title-main">Brexit withdrawal agreement</span> 2020 EU–UK agreement for implementing Brexit

The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Union (EU), Euratom, and the United Kingdom (UK), signed on 24 January 2020, setting the terms of the withdrawal of the UK from the EU and Euratom. The text of the treaty was published on 17 October 2019, and is a renegotiated version of an agreement published in November 2018. The earlier version of the withdrawal agreement was rejected by the House of Commons on three occasions, leading to the resignation of Theresa May as Prime Minister and the appointment of Boris Johnson as the new prime minister on 24 July 2019.

<span class="mw-page-title-main">European Union (Withdrawal) Act 2019</span> United Kingdom legislation

The European Union (Withdrawal) Act 2019, commonly referred to as the Cooper–Letwin Act, was an Act of the Parliament of the United Kingdom that made provisions for extensions to the period defined under Article 50 of the Treaty on European Union related to the United Kingdom's withdrawal from the European Union. It was introduced to the House of Commons by Labour MP Yvette Cooper and Conservative MP Sir Oliver Letwin on 3 April 2019, in an unusual process where the Government of the United Kingdom did not have control over Commons business that day.

Brexit was the withdrawal of the United Kingdom from the European Union at 23:00 GMT on 31 January 2020. As of 2020, the UK is the only member state to have left the EU. Britain entered the predecessor to the EU, the European Communities (EC), on 1 January 1973. Following this, Eurosceptic groups grew in popularity in the UK, opposing aspects of both the EC and the EU. As Euroscepticism increased during the early 2010s, Prime Minister David Cameron delivered a speech in January 2013 at Bloomberg London, in which he called for reform of the EU and promised an in–out referendum on the UK's membership if the Conservative Party won a majority at the 2015 general election. The Conservatives won 330 seats at the election, giving Cameron a majority of 12, and a bill to hold a referendum was introduced to Parliament that month.

<span class="mw-page-title-main">European Union (Withdrawal) (No. 2) Act 2019</span> United Kingdom legislation

The European Union (Withdrawal) Act 2019, informally referred to as the Benn Act, was an act of the Parliament of the United Kingdom that required the Prime Minister of the UK to seek an extension to the Brexit withdrawal date—then scheduled for 31 October 2019—in certain circumstances. The main provisions of the Act were triggered if the House of Commons did not give its consent to either a withdrawal agreement or leaving without a deal by 19 October 2019. The Act proposed a new withdrawal date of 31 January 2020, which the Prime Minister accepted if the proposal was accepted by the European Council.

<span class="mw-page-title-main">United Kingdom Internal Market Act 2020</span> UK law relating to internal trade

The United Kingdom Internal Market Act 2020 is an act of the Parliament of the United Kingdom passed in December 2020. Its purpose is to prevent internal trade barriers within the UK, and to restrict the legislative powers of the devolved administrations in economic policy. It is one of several pieces of legislation concerning trade that were passed following the European Union membership referendum, as after Brexit the UK is no longer directly subject to EU law.

<span class="mw-page-title-main">European Union (Future Relationship) Act 2020</span> United Kingdom legislation

The European Union Act 2020 is an act of the Parliament of the United Kingdom that implements the EU–UK Trade and Cooperation Agreement agreed between the United Kingdom and the European Union and Euratom in December 2020. The bill for the Act was introduced to the House of Commons by Chancellor of the Duchy of Lancaster Michael Gove on 30 December 2020, with the aim of enacting the bill on the same day.

References

  1. 1 2 3 Simson Caird, Jack; Miller, Vaughne; Lang, Arabella (1 September 2017). European Union (Withdrawal) Bill (PDF). Commons Briefing Papers: CBP-8079. House of Commons Library. Summary.
  2. ↑ Stewart, Heather (12 July 2017). "Labour threat to defeat Theresa May over Brexit bill". The Guardian .
  3. ↑ Cabinet Office, Retained EU law dashboard, published 22 June 2022, accessed 16 September 2022
  4. ↑ "Factbox – Britain's Brexit legislation: What is left to do ahead of EU exit?" Reuters, 17 April 2018.
  5. ↑ "Para. 8". Explanatory memorandum: COM(2017) 218 final. Brussels: European Commission. 3 May 2017.
  6. 1 2 3 "European Union (Withdrawal) Act 2018". legislation.gov.uk. 2018. sec. 20(1). Retrieved 13 February 2019. "exit day" means 29 March 2019 at 11 p.m. (and see subsections (2) to (5)); Subsections (2) to (5) provide the option of amending the date by a Ministerial Regulation "if the day or time on or at which the Treaties are to cease to apply to the United Kingdom in accordance with Article 50(3) of the Treaty on European Union is different from that specified in the definition of "exit day" in subsection (1)." Article 50(3) of the Treaty on European Union states: The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
  7. ↑ "Key dates in Brexit process". Reuters. 2 February 2018.
  8. ↑ Retained EU Law (Revocation and Reform) Bill, Bar Council written evidence and proposed / planned amendments, Public Bill Committee, The Bar Council, November 2022 https://www.barcouncil.org.uk/static/e1266239-ccc9-4bac-804274cae5d2412b/Bar-Council-submission-to-the-Public-Bill-Committee-Retained-EU-Law-Revocation-and-Reform-Bill-Nov-2022.pdf
  9. ↑ "Brexit: Government to set out plans to end dominance of EU law". Sky News. 30 March 2017.
  10. 1 2 3 "Legislating for the United Kingdom's withdrawal from the European Union" (PDF). Department for Exiting the European Union. 30 March 2017.
  11. 1 2 Explanatory Notes on the European Union (Withdrawal) Act 2018 (PDF). Department for Exiting the European Union. 26 June 2018.
  12. ↑ "Parliament and the Brexit deal". Institute for Government. 10 March 2017.
  13. 1 2 Davis, David (21 June 2018). "European Union (Withdrawal) Bill: Written statement – HCWS781". UK Parliament.
  14. ↑ Cowie, Graham (19 March 2019). "What is "exit day"? Dispelling misconceptions about the extension of Article 50". House of Commons Library. Retrieved 5 January 2020.
  15. ↑ The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 3) Regulations 2019 SI 2019 No. 1423, 30th October 2019.
  16. ↑ "The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019". www.legislation.gov.uk.
  17. ↑ "The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 2) Regulations 2019". www.legislation.gov.uk.
  18. ↑ EU (Withdrawal) Bill – Factsheet 6: The Charter of Fundamental Rights The National Archives
  19. 1 2 3 4 s. 6(7)
  20. 1 2 s. 5
  21. ↑ Sch 1, art 4
  22. 1 2 Taxation (Cross-Border Trade) Bill: Consideration of Bill (Report Stage) (PDF). House of Commons. 16 July 2018.
  23. ↑ "Haulage Permits and Trailer Registration Act 2018". www.legislation.gov.uk.
  24. ↑ "Haulage permits and trailer registration", Department for Transport, 16 May 2018.
  25. ↑ "Bill stages — Taxation (Cross-border Trade) Act 2018 — UK Parliament". services.parliament.uk.
  26. ↑ "Taxation (Cross-border Trade) Act 2018 — UK Parliament". services.parliament.uk.
  27. ↑ Cabinet Office; Lidington, David (9 March 2018). "UK government publishes analysis on returning EU powers". gov.uk.
  28. 1 2 "European Union (Withdrawal) Bill (HC Bill 5)". Public Bills before Parliament 2017–19. UK Parliament. Retrieved 22 July 2017.
  29. ↑ Dunt, Ian (13 July 2017). "Small print of repeal bill creates unprecedented new powers for Brexit ministers". politics.co.uk. Retrieved 14 July 2017.
  30. ↑ "Law Derived from the European Union (Wales) Act 2018: Law Derived from the European Union (Wales) Act 2018". senedd.assembly.wales. National Assembly for Wales. 6 June 2018.
  31. ↑ "The Law Derived from the European Union (Wales) Act 2018 (Repeal) Regulations 2018".
  32. 1 2 "UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill". Scottish Parliament. April 2018. Retrieved 28 June 2018.
  33. 1 2 3 4 "UKSC 2018/0080: The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A Reference by the Attorney General and the Advocate General for Scotland". Supreme Court of the United Kingdom. 2018. Retrieved 28 June 2018.
  34. ↑ Carrell, Severin (17 April 2018). "Legality of Scottish and Welsh Brexit bills challenged". The Guardian. Retrieved 28 June 2018.
  35. ↑ "[2018] UKSC 64 (Press Summary)" (PDF). Supreme Court of the United Kingdom. 13 December 2018. Retrieved 13 December 2018.
  36. ↑ Scottish and UK governments clash over Brexit court ruling  – BBC Scotland, 13 December 2019
  37. ↑ Black, Rebecca (29 March 2017). "Stormont crisis: Civil servant holds purse strings as Northern Ireland faces budget crisis". Belfast Telegraph . Retrieved 28 June 2018.
  38. ↑ "Brokenshire to introduce Northern Ireland budget bill". BBC News Online . 1 November 2017. Retrieved 28 June 2018.
  39. ↑ McClements, Freya (3 February 2022). "Paul Givan resigns as First Minister of Northern Ireland in DUP protocol protest". IrishTimes.com .
  40. ↑ Connelly, Tony (7 May 2022). "NI Protocol: Return of the unionist veto?" – via RTÉ.ie.
  41. ↑ McCormack, Jayne (12 May 2022). "Little-Pengelly to take Donaldson's assembly seat". BBC.com . Retrieved 12 May 2022.
  42. ↑ "Northern Ireland Assembly fails to elect Speaker after DUP blocks formation of government". Sky News.
  43. ↑ General Secretariat of the Council (29 June 2018). "Conclusions adopted by the European Council (Art. 50)" (PDF). consilium.europa.eu. European Council.
  44. ↑ "Brexit customs plan will offer 'best of both worlds'". BBC News . 2 July 2018.
  45. ↑ Theresa May,  Prime Minister (2 July 2018). "June European Council". Parliamentary Debates (Hansard) . House of Commons. col. 48–49.
  46. ↑ "Cabinet agrees to step up preparations for 'no-deal' Brexit". London Evening Standard. 6 July 2018.
  47. ↑ "David Davis resigns as Brexit secretary after cabinet tensions". The Guardian. 8 July 2018.
  48. ↑ "Brexit: David Davis' resignation letter and May's reply in full". BBC News. 9 July 2018.
  49. ↑ "Dominic Raab replaces David Davis as Brexit secretary". BBC News. 9 July 2018.
  50. ↑ "Boris Johnson quits to add to pressure on May over Brexit". BBC News. 9 July 2018.
  51. ↑ "Boris Johnson's resignation letter and May's reply in full". BBC News. 9 July 2018.
  52. ↑ "Jeremy Hunt replaces Boris Johnson amid Brexit turmoil". BBC News. 9 July 2018.
  53. ↑ "The future relationship between the United Kingdom and the European Union (government White Paper)". gov.uk. 12 July 2018.
  54. ↑ "Future Relationship Between the UK and the EU". Parliamentary Debates (Hansard) . House of Commons. 18 July 2018. col. 471–517.
  55. ↑ "Trump: Brexit plan 'will probably kill' US trade deal". BBC News. 13 July 2018.
  56. ↑ "New Brexit Secretary Dominic Raab vows to 'intensify' talks". BBC News. 19 July 2018.
  57. ↑ Mason, Rowena (2 October 2016). "Theresa May's 'great repeal bill': what's going to happen and when?". The Guardian. Retrieved 3 October 2016.
  58. ↑ "Repeal bill: All you need to know". BBC News. 13 July 2017. The day after triggering Brexit, the government published details of its 'Great Repeal Bill' ... It is now being introduced to Parliament, with the formal title of the European Union (Withdrawal) Bill.
  59. ↑ Walker, Peter (30 March 2017). "'Great repeal bill' will create sweeping powers to change laws for Brexit". The Guardian . Retrieved 7 January 2022.
  60. ↑ "Britain sets out 'Great Repeal Bill' plan to transform thousands of EU laws". DW. 30 March 2017. Retrieved 12 January 2022.
  61. ↑ "Brexit live: PM told divorce first then trade 10:17". Sky News. 30 March 2017.
  62. ↑ "EU Laws introduced in the UK over last 25 years highlights scale of challenge facing lawmakers following Brexit". Thomson Reuters. 28 March 2017.
  63. ↑ "European Union (Withdrawal) Bill 2017–19". Bills before Parliament 2017–19 > Public Bills. UK Parliament. Retrieved 13 July 2017.
  64. 1 2 Staff writer (12 September 2017). "Brexit: EU repeal bill wins first Commons vote". BBC News.
  65. 1 2 3 Sparrow, Andrew; Slawson, Nicola (12 September 2017). "Government wins vote on EU withdrawal bill with majority of 36 – as it happened". The Guardian.
  66. ↑ "May's flagship Brexit Bill on course to pass first hurdle". Bloomberg. 11 September 2017.
  67. ↑ "Brexit: EU repeal bill wins first Commons vote". BBC News. 12 September 2017.
  68. ↑ "Government's Brexit Bill wins first Commons vote". ITV News . 12 September 2017.
  69. ↑ MacLellan, Kylie (12 September 2017). "MPs back government's proposed timetable for debate of EU withdrawal bill". Reuters. Archived from the original on 12 September 2017.
  70. ↑ Dickson, Annabelle (26 October 2017). "EU withdrawal bill back before MPs on November 14". Politico .
  71. 1 2 Staff writer (14 November 2017). "Labour attacks Brexit date 'gimmick' as MPs begin scrutiny". BBC News.
  72. 1 2 Staff writer (13 December 2017). "Brexit bill: Government loses key vote after Tory rebellion". BBC News.
  73. ↑ Asthana, Anushka (20 December 2016). "Theresa May indicates MPs will not be given vote on final Brexit deal". The Guardian. Retrieved 24 February 2017.
  74. 1 2 3 "European Union (Withdrawal) Bill 2017–19". services.parliament.uk. UK Parliament.
  75. ↑ Heffer, Greg (20 December 2017). "Theresa May vows not to delay Brexit after exit date climbdown". Sky News. Retrieved 23 December 2017.
  76. ↑ "Find Divisions – Hansard". hansard.parliament.uk.
  77. ↑ "European Union (Withdrawal) Bill: Committee Stage Division 45". Parliamentary Debates (Hansard) . House of Commons. 21 November 2017. col. 996–1000.
  78. ↑ "Charter of Fundamental Rights of the EU: Right by Right Analysis" (PDF).
  79. ↑ "European Union (Withdrawal) Bill: Committee Stage Division 81". Parliamentary Debates (Hansard) . House of Commons. 20 December 2017. col. 1215–1217.
  80. ↑ "European Union (Withdrawal) Bill: Committee Stage Division 86". Parliamentary Debates (Hansard) . House of Commons. 20 December 2017. col. 1239–1241.
  81. 1 2 3 "Bill Stages – European Union (Withdrawal) Bill 2017–19". UK Parliament. Retrieved 2 February 2018.
  82. ↑ "Brexit: EU Withdrawal Bill clears House of Commons to pass to peers". Sky News. Retrieved 2 February 2018.
  83. ↑ "European Union (Withdrawal) Bill: Remaining Stages". UK Parliament. Retrieved 2 February 2018.
  84. ↑ "Bill stages – European Union (Withdrawal) Bill 2017–19 – UK Parliament". services.parliament.uk.
  85. ↑ "Lords examines EU (Withdrawal) Bill". parliament.uk. UK Parliament. 18 May 2018. Archived from the original on 1 June 2018. Retrieved 1 June 2018.
  86. ↑ "EU Withdrawal Bill: amendments and debates". Institute for Government. 14 November 2017. Retrieved 28 May 2018.
  87. ↑ Chaplain, Chloe (18 April 2018). "Lords defeat EU Withdrawal Bill as peers vote in favour of customs union amendment". London Evening Standard. Retrieved 5 May 2018.
  88. ↑ "European Union (Withdrawal) Bill: Division on Amendment 1". Parliamentary Debates (Hansard) . House of Lords. 18 April 2018.
  89. ↑ "European Union (Withdrawal) Bill: Division on Amendment 11". Parliamentary Debates (Hansard) . House of Lords. 18 April 2018.
  90. ↑ European Union (Withdrawal) Bill: Amendments to be moved on report, clause 3 (PDF). UK Parliament. 29 March 2018. p. 4.
  91. ↑ Staff writer (23 April 2018). "EU Withdrawal Bill suffers third Lords defeat on human rights charter". BBC News. Retrieved 5 May 2018.
  92. ↑ Kentish, Benjamin (23 April 2018). "House of Lords defeats government plans to scrap EU rights charter after Brexit". The Independent . Retrieved 5 May 2018.
  93. 1 2 Sparrow, Andrew (23 April 2018). "May suffers three defeats in Lords over Brexit – as it happened". The Guardian. Retrieved 1 June 2018.
  94. ↑ "European Union (Withdrawal) Bill: Division on Amendment 18". Parliamentary Debates (Hansard) . House of Lords. 23 April 2018.
  95. ↑ "European Union (Withdrawal) Bill: Division on Amendment 19". Parliamentary Debates (Hansard) . House of Lords. 23 April 2018.
  96. ↑ "European Union (Withdrawal) Bill: Division on Amendment 31". Parliamentary Debates (Hansard) . Vol. 790. House of Lords. 25 April 2018.
  97. ↑ Perkins, Anne (25 April 2018). "May loses Lords vote on post-Brexit powers for ministers". The Guardian. Retrieved 30 April 2018.
  98. 1 2 3 4 5 6 7 Perkins, Anne (8 May 2018). "EU withdrawal bill: 14 defeats in the Lords for the government". The Guardian. Retrieved 1 June 2018.
  99. ↑ "European Union (Withdrawal) Bill: Division on Amendment 49". Parliamentary Debates (Hansard) . House of Lords. 30 April 2018.
  100. ↑ Forsyth, Alex (30 April 2018). "Brexit: Government defeat in Lords over terms of meaningful vote". BBC News. Retrieved 1 June 2018.
  101. ↑ "European Union (Withdrawal) Bill: Division on Amendment 51". Parliamentary Debates (Hansard) . House of Lords. 30 April 2018.
  102. ↑ "European Union (Withdrawal) Bill: Division on Amendment 59". Parliamentary Debates (Hansard) . House of Lords. 30 April 2018.
  103. ↑ "European Union (Withdrawal) Bill: Division on Amendment 70". Parliamentary Debates (Hansard) . House of Lords. 8 May 2018.
  104. ↑ Heffer, Greg (2 May 2018). "Peers defeat Government for tenth time on EU Withdrawal Bill over N Ireland". Sky News. Retrieved 3 May 2018.
  105. ↑ "European Union (Withdrawal) Bill: Division on Amendment 88". Parliamentary Debates (Hansard) . Vol. 790. House of Lords. 2 May 2018.
  106. ↑ "European Union (Withdrawal) Bill: Division on Amendment 93". Parliamentary Debates (Hansard) . House of Lords. 8 May 2018.
  107. ↑ "European Union (Withdrawal) Bill: Division on Amendment 95". Parliamentary Debates (Hansard) . House of Lords. 8 May 2018.
  108. ↑ "European Union (Withdrawal) Bill: Division on Amendment 110A". Parliamentary Debates (Hansard) . House of Lords. 8 May 2018.
  109. ↑ Citations:
  110. ↑ "Bill stages – European Union (Withdrawal) Bill 2017–19". UK Parliament. Retrieved 14 June 2018.
  111. ↑ "European Union (Withdrawal) Bill 2017–19". UK Parliament. Retrieved 14 June 2018.
  112. 1 2 3 4 "Brexit bill: What amendments have been passed?". fullfact.org. Full Fact. 20 June 2018.
  113. ↑ Kentish, Benjamin (12 June 2018). "Theresa May set to avoid Commons defeat on customs union after agreeing compromise deal with Tory rebels". The Independent. Retrieved 14 June 2018.
  114. ↑ Elgot, Jessica (18 June 2018). "New Lords defeat for government on Brexit 'meaningful vote' amendment". The Guardian.
  115. ↑ "Brexit bill finally gets through Parliament". BBC News. 20 June 2018.
  116. ↑ Sparrow, Andrew; Weaver, Matthew; Elgot, Jessica; Rawlinson, Kevin; Walker, Peter (20 June 2018). "May wins 'meaningful vote' victory after lead rebel Grieve accepts compromise – as it happened". The Guardian.
  117. ↑ "UK's upper house of parliament approves government's Brexit law". Reuters. 20 June 2018.
  118. ↑ Explanatory Notes on the European Union (Withdrawal) Act 2018 (PDF). Prepared by the Department for Exiting the European Union. 26 June 2018.

Legislative history

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.