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Schona Jolly QC @WomaninHavana
, 10 tweets, 4 min read Read on Twitter
House of Lords Constitution Committee has harsh words about the parlous state of #EUwithdrawalbill as it reaches the Lords. Lady Taylor, Chair’s comments speak for themselves.

Link to report here.…
Link to @Guardian piece this morning outlining the many fundamental problems with #EUWithdrawalBill…
A key feature of the Lords #EUWithdrawalBill report is the number of places in which it states that the Bill, as drafted, is "constitutionally unacceptable" or "not constitutionally necessary or appropriate". That may be the most important aspect for non-lawyers to understand.
E.g. "It is constitutionally unacceptable for ministers to have the power to determine something as fundamental as whether a part of our law should be treated as primary or secondary legislation."

Indeed. #EUWithdrawalBill #Lords
Or: "It is constitutionally unacceptable for the Bill to be ambiguous as to what retained EU law the “supremacy principle” will apply".

This is technical stuff, which has a very real & serious impact on the certainty of our law after we leave the EU.
On #CharterofFundamentalRights: If,as Govt suggests,[it]adds nothing to the content of EU law which is being retained,we do not understand why an exception needs to be made for it. If [it] does add value, legal continuity suggests the Bill should not make substantive changes.
On Interpretation: "We are concerned that the Bill leaves courts without proper guidance on this fundamental question of policy and that, by deciding to attach weight or indeed not to attach weight to post-exit CJEU cases, judges may become involved in political controversy."
On Henry VIII powers: "The power of ministers to do what they consider “appropriate” is subjective and inappropriately wide."

The report expresses concern at the inadequate scrutiny provided for in the Bill, despite the Commitee's earlier warnings on this.
Concerns is expressed about the approach to devolution. The Report sensibly recommends Govt publish an impact assessment of the effect of the Bill/Brexit on the Belfast/Good Friday Agreement before the completion of the Bill’s consideration in the House of Lords.
These point to the obvious flaws in a Bill that should never have been presented in this form, & should never have arrived in the Lords in this state. It is a fundamentally flawed Bill. A matter of profound concern Govt thought it appropriate to see what it could get away with. /
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