Act of Parliament | |
Long title | An Act to implement, and make other provision in connection with, the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU. |
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Citation | 2020 c. 1 |
Introduced by | Steve Barclay, Brexit Secretary (Commons) Earl of Courtown, Government Deputy Chief Whip (Lords) |
Territorial extent | Primarily section 1 only: Other provisions
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Dates | |
Royal assent | 23 January 2020 |
Commencement | 31 January 2020 |
Other legislation | |
Amends | |
Repeals/revokes | |
Relates to | |
Status: Amended | |
History of passage through Parliament | |
Records of Parliamentary debate relating to the statute from Hansard | |
Text of statute as originally enacted | |
Revised text of statute as amended |
Part of a series of articles on |
Brexit |
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Withdrawal of the United Kingdom from the European Union ContentsGlossary of terms |
This article is part of a series on |
European Unionportal |
The European Union (Withdrawal Agreement) Act 2020 (c. 1) 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. [1]
On 24 July 2018 the Government produced a white paper on the proposed bill and how the legislation would work. [2] The bill was first introduced [3] by the government in the second session of the 57th Parliament on 21 October 2019 with the long title "A Bill to Implement, and make other provision in connection with, the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU". [4] This bill was not further debated after the second reading in the Commons on 22 October 2019 and lapsed on 6 November when parliament was dissolved in preparation for the 2019 general election.
The bill was reintroduced immediately following the general election and was the first bill to be put before the House of Commons in the first session of the 58th Parliament, [5] with changes from the previous bill, by the re-elected government and, in an unusual procedure, received its first reading before the debate on the Queen's Speech began. The second reading took place on 20 December, and the third on 9 January 2020.
This act was given royal assent on 23 January 2020, nine days before the UK left the European Union.
The Act provides for the following:
On 13 November 2017, the Brexit Secretary, David Davis, announced plans for a new bill to enshrine the Withdrawal Agreement, if any, in domestic law by primary legislation. Upon further questioning in the House of Commons, Davis clarified that if MPs chose not to pass the bill, the UK would remain on course to leave the EU on 29 March 2019 without a deal as a consequence of invoking Article 50 in March 2017, after the passing of the European Union (Notification of Withdrawal) Act 2017. [8]
Described by The Independent as the government "caving in" to Tory rebels, the bill as originally conceived would have allowed MPs to scrutinise any agreement "line-by-line", as well as make amendments. [9] Conservative MP Steve Baker, writing for The Times , claimed the new bill "gives whatever deal we strike with the EU proper standing in British law" and that it was consistent with the referendum result in providing "more control over how we are governed to the UK Parliament." [10]
The bill was introduced to Parliament for the first time on 21 October 2019, but lapsed on 6 November with the dissolution of Parliament in preparation for the December 2019 general election.
Following the attainment of a Conservative majority at the election, the bill was revised and reintroduced on 19 December, passing its second reading the following day. The December revision of the bill removed the provisions made in previous versions for parliamentary scrutiny of Brexit negotiations. [11]
The Withdrawal Agreement Bill passed its third and final reading in the House of Commons on 9 January 2020, with 330 in favour to 231 against. [12]
On 21 January 2020, the House of Lords passed the bill after approving five amendments to it. However, these amendments were overturned by the House of Commons on the following day. [13] [14]
On 22 January 2020, the bill was passed by the House of Lords without further modifications. It received royal assent by Queen Elizabeth II the following day. [15] [16]
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.
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.
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.
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.
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.
The European Union (Withdrawal) Act 2018 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 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.
This is a list of current, amended, spent and repealed acts of the Parliament of the United Kingdom relating to its former membership and current relationship to the European Communities and the European Union from 1972 onwards.
Between 2017 and 2019, representatives of the United Kingdom and the European Union negotiated the terms of Brexit, the UK's planned withdrawal from membership of the EU. These negotiations arose following the decision of the Parliament of the United Kingdom to invoke Article 50 of the Treaty on European Union, which in turn followed the UK's EU membership referendum on 23 June 2016 in which 52% of votes were in favour of leaving.
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.
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.
Brexit negotiations in 2019 started in August, after having originally concluded in November 2018 with the release of the withdrawal agreement. Negotiations took place between the United Kingdom and the European Union during 2017 and 2018 for the withdrawal of the United Kingdom from the European Union following the referendum held on 23 June 2016.
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.
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.
The United Kingdom Common Frameworks are a group of legislative and non- legislative policies that aim to create UK wide frameworks and ensure the security and integrity of the UK internal market.
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.
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.
The Brexit withdrawal agreement Bill plan, officially known as Legislating for the Withdrawal Agreement between the United Kingdom and the European Union , was a UK Government white paper setting out the Governments proposals for ratifying and implementing the Brexit withdrawal agreement in legislation.
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