Draft legislation to implement the UK-EU deal now published
A few quick thoughts (although very much first takes...)
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948181/20201229_Draft_Gov.uk_EU__Future_Relationship__Bill_.pdf
A few quick thoughts (although very much first takes...)
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948181/20201229_Draft_Gov.uk_EU__Future_Relationship__Bill_.pdf
It seems like the bill contains a mix of some of the options outlined in our @instituteforgov explainer on UK ratification
https://www.instituteforgovernment.org.uk/explainers/future-relationship-uk-ratification
https://www.instituteforgovernment.org.uk/explainers/future-relationship-uk-ratification
Clause 29 seems to be a catch all clause - so existing domestic law is treated as subject to the UK-EU deal where it has not been specifically amended to implement it (where this is required) (more from @ProfMarkElliott
https://twitter.com/ProfMarkElliott/status/1343924395362889735)
https://twitter.com/ProfMarkElliott/status/1343924395362889735)
Also seem to be separate provisions for the social security coordination protocol to form part of domestic law (clause 26)
Clause 31 includes a general implementating power (a big Henry VIII power, that allows the use of secondary legislation to do anything an act of parliament could do). Seems to be affirmative. Exercisable by gov and also devolved administrations. Inevitable given short time.
Also lots of other powers throughout the bill - e.g. amending the Customs and Excise Management Act 1979 to give the government powers to make regulations about movement of goods
As well as some provisions on the face of the bill that change UK law implement aspects of the deal - e.g. on extradition and road haulage
The bill overrides the usual CRAG parliamentary pre-ratification process - so this will not apply to the UK-EU treaty. So the bill is the only (proxy) vote MPs and peers will have on the treaty itself.
At this stage- is ultimately take it or leave it for parliament...
At this stage- is ultimately take it or leave it for parliament...
Which is a pretty poor state of affairs - but given timing and nature of negotiations, was always going to be the case.
Raises big questions about the role parliament should have in scrutinising FTAs in future - e.g. more role in setting mandate/ reviewing as negotiations go...
Raises big questions about the role parliament should have in scrutinising FTAs in future - e.g. more role in setting mandate/ reviewing as negotiations go...
Doesn't seem to be anything specific on new state aid role likely for the Competition and Markets Authority (where provisions in primary legislation might have been expected)