header-logo header-logo

13 July 2017
Categories: Legal News , Brexit
printer mail-detail

Repeal Bill to keep most EU law…but rebooted

The European Union (Withdrawal) Bill—the Repeal Bill that will transpose massive amounts of EU legislation into UK law-raises ‘important constitutional questions’, lawyers have warned.

The Bill, which will transpose massive amounts of EU legislation into UK law, will create legal controversy as well as political drama on its way through the House of Commons.

Andrew Langdon QC, Chairman of the Bar Council, said the Bill ‘throws up some important constitutional questions, such as the extent to which government ministers should be able to re-shape the law without scrutiny by Parliament.’ The Bill gives government ministers power to amend Bills using secondary legislation in some circumstances, for example, where EU laws and Directives relate to the powers of EU agencies which will no longer have authority in the UK.

Langdon said: ‘Where ministers are given the power to make secondary legislation, this should be limited to technical amendments and should not be used to make substantive changes in policy, which should be made only by primary legislation, subject to full parliamentary scrutiny.’ However, he added: ‘The government appears to have taken on board the concerns raised by the Bar Council and others.

Following a White Paper earlier this year, s 7 of the Bill provides a more detailed criteria for the ways in which ministers will be able to use their law-making powers. Ministers may not, for example, use secondary legislation to create a criminal offence or to increase taxation.’

The Bill converts existing laws derived from the EU into domestic, and gives the UK two years after Brexit to correct any deficiencies.

Lucy Fergusson, Linklaters partner, said: ‘As expected, the Repeal Bill will keep most EU law, but rebooted and turned into UK law. ‘We support this as an objective because, whatever happens in the EU, businesses want certainty and they want to know that the rules and regulations that apply to them in the UK won’t suddenly change the day after Brexit.’

Categories: Legal News , Brexit
printer mail-details

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll