Thoughts on the European Withdrawal Agreement bill:
1) part 1 as regards the implementation period very clear that EU law will apply during transition (despite the UK having given up its seat at the decision making table) so rule-maker to rule-taker. 1/
1) part 1 as regards the implementation period very clear that EU law will apply during transition (despite the UK having given up its seat at the decision making table) so rule-maker to rule-taker. 1/
2) EU customs and tariffs still apply to UK throughout 2020, despite UK having given up its representation at the top-table. Taking back control? 2/
3) "EU-derived domestic legislation" continues to have effect. So much for "taking back control of our laws"? This cedes control. 3/
4) as concerns part 4, 20 "financial provisions", clear that @BorisJohnson UK Government legislating for UK to settle its debts to the EU (this was always going to be the case - otherwise UK would be some kind of international pariah). 4/
5) part 4, 21 - on the N Ireland protcol, clear that if it needs to be implemented then it will be done so by a minister. But wasn't Parliament (as opposed to Government) supposed to "take back control"? 5/
6) part 4, 22 (5) also shows #brexit reality dawning with references to recognition of EU member state standards, which would apply to N Irish goods which could come into circulation in GN...simply put, if GB diverge from EU then either reg border or literally double standards 6/
7) on a side-note, interesting that throughout doc "IP completion day" is mentioned as opposed to "31 Dec 2020"...hmm...🤔 7/
8) section 29 "review of EU legislation during implementation period" further shows that the UK will still have to implement any new EU law but will have lost its right to have helped frame such laws...whoops! 8/
9) section 13 of the 2018 EU Withdrawal Act is repealed. This means that the passing of the EU Withdrawal Agreement bill will, in effect, signify that Parliament has consented to the withdrawal agreement. In reality & international law only the Government will have consented...9/
10) This is further followed up by section 32, repealing section 20 of the Constititional Reform & Governance Act, most likely due to the fact that the Government are running out of time but also running away from scrutiny...10/
11) Section 33 - as has been reported on since beginning of week, rules out any agreement on extension of the implentation period. HOWEVER: this negates the fact that if EU27 & UK agree to extend transition then this would supersede any UK legislation on the matter (cont)
...where EU law will still be supreme during transition and as per article 132 of the withdrawal agreement (implemented through the Withdrawal agreement bill) a decision on extension can be taken before 1 July 2020 to extend for 1 or 2 years... (cont)
...if UK Gov does extend then section 33 of the WAB would need to be amended for domestic purposes but internationally, UK would have been seen to hace extended transition. 11/
12) section 38 refers to UK Parliamentary sovereignty but seems laughable given fact that UK will be a full-on EU rule taker for 300 days+...12/
13) In a nutshell - UK becomes EU rule taker for 11 months+++Gov does not want to give Parl any say in any of this+++no intention to extend transition+++with no actual Brexit plan, looking at 31 Dec 2020 cliff edge on future relationship. OVER & OUT
