Great Repeal Bill: Government to set out plans to end dominance of EU law


Added on: 30/03/2017

The day after Article 50 was triggered, formally beginning the UK's process of leaving the EU, the Government is to publish details of the Great Repeal Bill. Ministers say the Great Repeal Bill is essential to avoid a "black hole" in the law when the UK leaves the EU.

Brexit Secretary David Davis described the Bill as "bringing back" 40 years of EU laws and putting them into UK law. It would ensure that laws established over the last four decades would "continue to work" in Britain, he says.

What is the Great Repeal Bill?
The Great Repeal Bill intends to repatriate more than 40 years of powers back to Westminster from the EU. It will repeal the European Communities Act which says EU law is supreme to the UK's.

This means that laws and regulations made while the UK was part of the EU will continue to apply, but they will become British laws rather than EU ones. It will also set out how the Government will deal with EU laws that cannot be easily converted.

The bill will state that changes cannot be made to EU laws unless there is some deficiency in them or if they cannot easily be converted. The bill will also ensure the UK leaves the jurisdiction of the European Court of Justice.

Why are we keeping EU laws if we are leaving the EU?
EU law covers areas such as environmental regulation, workers' rights, and the regulation of financial services. If these laws are not transferred into British law (EU laws cease to apply once the UK is no longer part of the EU) then there would be a "black hole" in the UK's laws, creating much uncertainty and confusion.

Transferring EU law into UK law will allow for a "calm and orderly exit" from the European Union, Brexit Secretary David Davis has said, adding that it will give the Government and Parliament time to review, amend or scrap any laws it wishes to in the future.

It is expected that between 800 and 1,000 technical changes will be made, nearly as many as MPs and peers usually deal with in an entire parliament.

When will the Great Repeal Bill be published?
In the next week we will see a Government White Paper - a draft - of the Great Repeal Bill published.

The White Paper will be called "Legislating for the United Kingdom's withdrawal from the European Union".

It will be discussed, consulted on and probably amended before the legislation is formally announced in the upcoming Queen's Speech when she formally opens Parliament in May, for introduction in the next parliamentary session in early summer 2017.

When will it come into force?
The plan is for the bill to complete its passage through Parliament before the UK formally leaves the EU and for it to include "commencement provisions", allowing ministers to bring it into force at a moment of their choosing, most likely on the day we officially leave the EU.

Will Parliament vote on it?
MPs and peers will debate and scrutinise the bill, while select committees will also pick the bill apart line-by-line. Following debate and scrutiny, amendments are likely to be made.

Before it can be passed, both the House of Commons and the House of Lords need to approve the bill without any amendments.

Is it actually going to be called the Great Repeal Bill?
Probably not. It is more likely to be called something like the European Union Bill.