Thread by @SweeLengHarris

👋🏼🚨Attention journalists & commentators — 5 key points to remember about the Withdrawal Agreement & Withdrawal Agreement Bill. Remember these & you will cut through confusion regarding Brexit terms & process THREAD

Point 1, Withdrawal Agreement (WA) is *not* Withdrawal Agreement Bill (WAB) — they are 2 different legal documents

WA = draft UK-EU agreement inc terms for UK exit from EU, notably: A) money; B) citizens’ rights; C) Irish border. WAB = proposed law to implement WA in UK law

Point 2, Reportedly tomorrow’s Queen’s Speech will inc announcing the WAB, but no draft of the WAB has been published to date bbc.co.uk/news/uk-politi…

If Johnson’s government follows the approach of May’s, WAB won’t be published unless & until after House of Commons passes a motion approving the WA. So WAB published Monday 21st at v earliest assuming HC votes on & approves WA on 19th.

Point 3, The WAB is *not* merely a technical exercise — it would be a significant constitutional statute.

If detailed legal analysis is your jam, this is for you (published by @HansardSociety in May) assets.ctfassets.net/rdwvqctnt75b/5…

TL;DR WAB will be (at least) as constitutionally significant as the EU Withdrawal Bill, which Parliament scrutinised and debated for more than 11 months.

Point 4, UK-EU “future relationship” not determined by WA, instead, post-transition future relationship will be determined in not-yet-negotiated future treaty/treaties.

But WAB could spell out powers & process of different UK institutions in future relationship negotiations

E.g. section 13 EU Withdrawal Act sets process for Parliament’s scrutiny & approval of WA, used by both pre-Brexit & remain MPs. WAB could provide for Parliament’s approval of future relationship negotiations (reportedly a concession PM May offered): ft.com/content/35c56d…

Point 5, A key constitutional watch point in WAB will be “Henry VIII powers” which are law-making powers given to the executive i.e. Ministers with very limited parliamentary scrutiny

Originally, EU Withdrawal Bill had broad Henry VIII powers that Parliament amended to limit Ministers’ powers to make legislation. It was argued Withdrawal Bill was only a technical exercise & the Henry VIII powers would not be used for substantive policy changes to laws

Yet, Ministers have used the powers to make policy changes. Per publiclawproject.org.uk/wp-content/upl…

Given the experience of how Henry VIII powers in the EU Withdrawal Act have been used, Parliament will want to carefully consider such powers in the WAB. /ENDS