It's finally arrived!
The ugliest baby ever: the EU withdrawal agreement bill.
services.parliament.uk/Bills/2019-20/…
First thoughts...
The ugliest baby ever: the EU withdrawal agreement bill.
services.parliament.uk/Bills/2019-20/…
First thoughts...
The bill runs to 115 pages, with 40 clauses and six schedules. It includes parts on citizens rights, the transition period, and Northern Ireland.
First: the bill switches off both the specific rules for approval of the withdrawal agreement in the EU Withdrawal Act, and the general rules for approval of international treaties in CRAGA.
Tl;dr: as soon as the bill is passed, the govt can ratify the withdrawal agreement.
Tl;dr: as soon as the bill is passed, the govt can ratify the withdrawal agreement.
Length of the transition period (which the UK calls the implementation period, IP for short)
Ends 31 Dec 2020 - but it can be extended by secondary legislation (clause 37: the text here is similar to the Withdrawal Act on extension of membership)
Ends 31 Dec 2020 - but it can be extended by secondary legislation (clause 37: the text here is similar to the Withdrawal Act on extension of membership)
Parliament has a role in extension of the transition period. It must approve any government decision to extend it (as agreed with the EU). But there's no power for Parliament to *require* the government to make a request for an extension.
During the transition period, the European Communities Act, loathed by Eurosceptics (it's the main domestic law basis for EU membership) comes back to life.
Live footage of the European Communities Act coming back from the dead...
There's provision for parliamentary scrutiny of EU measures which the UK has to adopt during the transition period. Needless to say, debating a motion in Westminster will have no impact on the EU side.
More red meat for the ERG: a parliamentary sovereignty clause. Presumably intended to assert that Article 4 of the withdrawal agreement, which insists on the supremacy of the agreement in domestic law, doesn't overturn basic UK constitutional law.
The ERG, you will recall, love parliamentary sovereignty so much that they were thrilled when parliament was suspended
There's a general clause giving domestic legal effect to the rest of the withdrawal agreement other than the transition period. This includes the citizens rights provisions.
Following that there are specific powers to implement various parts of the withdrawal agreement. Here's one of those powers, related to citizens rights.
The withdrawal agreement requires the UK to set up an independent monitoring authority for EU27 citizens rights. Lots of detail in schedule 2; for instance EU27 citizens can complain to this body about their treatment.
Next, workers rights: the government is sprinkling some catnip for Labour leavers
How tasty is that catnip though?
The government must release a statement as to whether a bill goes below EU standards or not. But it can still propose a bill even if it drops *below* those standards.
The government must release a statement as to whether a bill goes below EU standards or not. But it can still propose a bill even if it drops *below* those standards.
Gaps: what about secondary legislation related to workers rights? What about gaps between UK courts interpretation and the CJEU?
What about new EU workers rights? The government must report on whether they are higher than UK standards, and if so whether they intend to match them.
A labour lawyer estimates the odds of a Tory government voluntarily matching higher standards in new EU employment law
The future relationship: the government's negotiating strategy must be guided by Parliament. Approval of the resulting treaties similarly to the process in the EU Withdrawal Act.
Which means there may be more meaningful votes in the future!
(Unless we end up with no trade deal at the end of the transition period)
(Unless we end up with no trade deal at the end of the transition period)
Enough for now, as the family are back. I will add any further comments and try to answer questions later.
Good point. The bill sets the political declaration in a sort of concrete. More reason for MPs to challenge it perhaps.
More docs related to the new bill via this link
Good overview of the bill in this thread
Another good overview of the bill, including this important point about EU27 citizens
Now working on a blog post summary of the withdrawal agreement bill, with suggested amendments...stay tuned
