header-logo header-logo

22 January 2020
Categories: Legal News , Brexit
printer mail-detail

Brexit Bill defeats

The government has suffered five defeats at the hands of the Lords on its EU (Withdrawal Agreement) Bill to ensure the UK leaves the EU on 31 January

Peers voted for EU citizens in the UK to be given an automatic right to stay and proof in the form of physical rather than digital-only documentation. Peers also voted to remove ministerial powers to order UK courts to depart from European Court of Justice judgments, and for cases to be referred to the Supreme Court to decide whether to depart from EU case law.

The fourth defeat concerned the issue of child refugees. Peers voted for Lord Dubs’ amendment to protect the right of child refugees to join their families in the UK after Brexit. The fifth amendment passed takes note of the Sewel Convention, whereby Parliament should not legislate on devolved issues without the consent of the devolved institutions.

With a majority of 80 MPs, however, the government will almost certainly reverse the amendments when the bill returns to the House of Commons.

Professor Michael Zander, Emeritus Professor, LSE, said the second and third amendments were ‘both on the provision in cl 26 of the Bill giving ministers the power by delegated legislation to permit lower courts to depart from decisions of the EU Court of Justice.

‘Before making such regulations the minister would have to consult the senior judiciary. In the Committee stage debate the many critics of this provision included three former Lord Chief Justices, a former Lord Chancellor, a former Law Lord and the chairman of the Lords Constitution Committee. Lord Beith moved an amendment to remove the provision, as he said, to “avoid a great deal of legal confusion and safeguard the independence of the judiciary”’.  

Categories: Legal News , Brexit
printer mail-details

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll