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European Union (Withdrawal) Bill

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Committee stage of the European Union (Withdrawal) Bill took place in the House of Commons over eight days between 14 November and 20 December 2017. Over 400 amendments were made to the Bill as introduced in July 2017 and the government has agreed to make a number of further amendments at report stage. These include:

  • how to provide more certainty over the status of EU case law and which UK courts are bound by retained case law (clause 6);
  • clarification on when it would be possible to challenge the validity of EU retained law on the basis of the general principles of EU law copied into domestic law (Schedule 1);
  • considering whether additional specific and more detailed transitional arrangements are needed in regulations regarding the Francovich rule, which allows individuals to obtain compensation for directives whose transposition is poor, delayed or non-existent;
  • amending the devolution provisions (Clause 11) to achieve consensus with the Scottish and Welsh governments; and
  • an amendment to set ‘exit day’ as 29 March 2019 at 11pm and allow the date specified to be changed by order.

The government was defeated on an amendment requiring a new statute to be passed approving the final terms of withdrawal before secondary legislation can be used to implement any withdrawal agreement agreed with the EU (Clause 9).

Report and remaining stages of the Bill are scheduled for 16 and 17 January.