Mark Elliott, Professor of Public Law, posted a number of tweets yesterday extracting key paragraphs from the Government’s White Paper on the Great Repeal Bill and offering some preliminary thoughts.
The tweets have been collected below. A longer piece from Prof Elliott on the White Paper and the key areas of constitutional law and politics it engages, is available on his blog site Public Law for Everyone.
The White Paper
The Great Repeal Bill White Paper has been published. It is available here: https://www.gov.uk/government/publications/the-great-repeal-bill-white-paper
— Mark Elliott (@ProfMarkElliott) March 30, 2017
General approach
No major changes beyond what's necessary, but will accommodate possibility of functioning statute book if no deal. Hard circle to square. pic.twitter.com/8rifGZpsoe
— Mark Elliott (@ProfMarkElliott) March 30, 2017
The three key elements of the Great Repeal Bill:
Repeal ECA
Convert EU law
'Correct' the statute book. pic.twitter.com/pJjOpbJqrN
— Mark Elliott (@ProfMarkElliott) March 30, 2017
EU law and UK law
Directly applicable EU law will be converted into domestic law.
Domestic law that already gives effect to EU law will be preserved. pic.twitter.com/jz6b023ivU
— Mark Elliott (@ProfMarkElliott) March 30, 2017
The case law of the Court of Justice of the EU
UK courts interpreting domesticated EU law will be required to do so 'by reference to ' CJEU case law as it stands on Brexit Day. pic.twitter.com/bauQZDeKn9
— Mark Elliott (@ProfMarkElliott) March 30, 2017
Pre-Brexit Day CJEU case law will have same domestic status in terms of precedent as UK Supreme Court judgments. Music to Brexiters' ears. pic.twitter.com/ViHATAB5qL
— Mark Elliott (@ProfMarkElliott) March 30, 2017
Supremacy of EU law
'General supremacy' of EU law to be ended: new UK legislation will take priority over EU-derived law that is preserved by Great Repeal Bill. pic.twitter.com/yTwKlYjr5h
— Mark Elliott (@ProfMarkElliott) March 30, 2017
But EU-derived law will continue to take priority over pre-Brexit Day UK law, including Acts of Parliament. More music to Brexiters' ears. pic.twitter.com/GQ2MlwDbFt
— Mark Elliott (@ProfMarkElliott) March 30, 2017
Delegated powers
'Very significant proportion' of EU-derived law contains provisions that will not be workable post-Brexit. The solution? Delegated powers. pic.twitter.com/OLHIA4KHnZ
— Mark Elliott (@ProfMarkElliott) March 30, 2017
Delegated powers will enable statute book to be 'corrected'; for problems to be 'rectified'. Devil is in detail of what those terms mean. pic.twitter.com/o1mMJ7D5bD
— Mark Elliott (@ProfMarkElliott) March 30, 2017
These are circumstances in which Government says secondary legislation will be justified. In combination, these circumstances are very broad pic.twitter.com/ZOaLr0bCzH
— Mark Elliott (@ProfMarkElliott) March 30, 2017
Delegated power not to be used for policy changes unconnected by deficiencies in EU-derived law. Implies some policy changes *will* be made. pic.twitter.com/3A2RUGs05C
— Mark Elliott (@ProfMarkElliott) March 30, 2017
Up to 1,000 statutory instruments (piece of delegated legislation made by Ministers) will be needed to make EU-derived law work post-Brexit. pic.twitter.com/KW4Lib2Emy
— Mark Elliott (@ProfMarkElliott) March 30, 2017
Parliamentary scrutiny
'Right balance' must be struck between need to 'speed' & 'scrutiny'. Existing processes to be used. No plan for super-affirmative procedure pic.twitter.com/VkthcjCSxW
— Mark Elliott (@ProfMarkElliott) March 30, 2017
White Paper is 'beginning of a discussion' about approach to scrutiny of delegated powers. Govt's thinking looks extremely undeveloped here. pic.twitter.com/7tbXD3XpFL
— Mark Elliott (@ProfMarkElliott) March 30, 2017
White Paper fails to engage in meaningful way with HL Constitution Committee's detailed proposals for scrutiny. See https://publiclawforeveryone.com/2017/03/07/the-great-repeal-bill-and-delegated-powers/
— Mark Elliott (@ProfMarkElliott) March 30, 2017
Devolution
Just over one page in the White Paper on 'interaction with the devolution settlements'. pic.twitter.com/D9AiGF0xWZ
— Mark Elliott (@ProfMarkElliott) March 30, 2017
No guarantee that repatriated EU powers will go to devolved institutions, even in relation to subject-areas that are currently devolved. pic.twitter.com/i1ZxCpN1No
— Mark Elliott (@ProfMarkElliott) March 30, 2017
Implication seems to be *new* reserved matters will be carved out of existing devolution settlements. Raises some Qs of const'l politics.
— Mark Elliott (@ProfMarkElliott) March 30, 2017
On other hand, even if there are some new reservations to devolved competence, Govt anticipates overall net expansion of devolved competence pic.twitter.com/QMPP24b3yk
— Mark Elliott (@ProfMarkElliott) March 30, 2017
The text in this work is licensed under a Creative Commons Attribution 4.0 International License. For image use please see separate credits above.
