Brexit Repeal Bill: at-a-glance

The Government has published its long-awaited Repeal Bill - formally named the European Union (Withdrawal) Bill - marking the next big step in the Brexit process.
The Government has published its next big Brexit BillThe Government has published its next big Brexit Bill
The Government has published its next big Brexit Bill

The aim of the Bill is to end the supremacy of EU law in the UK, while avoiding a legislative and regulatory cliff edge.

What is being repealed?

The Bill's previous name refers to the need to repeal the European Communities Act 1972 - a British Bill that was passed when the UK joined the EU. Britain has already begun the formal legal process of leaving the EU by triggering Article 50 of the Lisbon Treaty. The new Bill cements that decision in UK law, but blocking it will not mean the country remains a member of the EU.

What is being transferred?

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European laws cover a wide-range of policy areas, from the environment and agriculture to workers' rights and financial services. If all these regulations would no longer have legal standing in the UK, creating a "black hole" and causing uncertainty.

The new Bill does not get into the nitty gritty of specific areas, but instead dictates that all EU-derived domestic legislation "continues to have effect in domestic law on and after" the day Britain leaves the EU.

New powers:

Theresa May has been accused of making a "power grab" due to the inclusion of so-called Henry VIII clauses. These give ministers the power to make legislative changes without Parliament's permission in two areas: i) where EU laws will become irrelevant - or "deficient" - after Brexit, and ii) where changes may be required to implement the Brexit deal.

The first powers include the ability to set up new bodies - or transfer responsibility to existing bodies - to fill the role currently carried out by an EU organisation. An example could include the European Aviation Safety Agency. The powers cease to exist two years after the Brexit date.

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The second powers allow ministers to change laws where "appropriate for the purposes of implementing the withdrawal agreement", and cease to apply on the day of Brexit.

European Court of Justice:

Rulings by the ECJ will cease to have supremacy in UK law on the day Britain leaves the EU. That means British courts will not be bound by any decisions made by the ECJ after that date and cannot refer any matter to the courts.

However, the European Courts could still rule on an issue affecting UK law after the country leaves if the case begins before the date of Brexit.

Charter of Fundamental Rights:

The EU Charter is a legally binding document which codifies the basic rights and freedoms of EU citizens. Under the Bill, the Charter will cease to apply on the exact date of Brexit.

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Many of the rights set out by the document are already included in domestic law or other European legislation that will be transferred across by the Bill.

Devolved administrations:

It has been confirmed that parliaments and assemblies in Edinburgh, Belfast and Cardiff will need to grant legislative consent for the new Bill to pass. This has been described as an effective veto.