UK-EU: Briefing paper: European Union (Withdrawal) Bill


"Clause 7 represents the Government’s request for Parliament to delegate legislative power to change the statute book so that retained EU law functions effectively after exit day. The Government’s case for delegation is based on the uncertainty over what changes will be needed, the volume of changes required and the speed at which they will need to be made.

The challenge for scrutinising this power will be assessing the extent to which it is possible to define what counts as a “failure” or “deficiency” of retained EU law. The Government requires a degree of flexibility in order to cover the scope of retained EU law, and there are a variety of reasons why changes might be needed. This scope and variety of legislative tasks in practice results in a power that, in legal terms, can be used to achieve a wide range of legislative changes, including establishing new public bodies, substantive policy changes and amendments to constitutional legislation in order to prepare for Brexit."

See: UK-EU: Briefing paper: European Union (Withdrawal) Bill (pdf)

 

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