The European Union (Withdrawal Agreement) Act 2020 (c. 1) is an act of the Parliament of the United Kingdom that makes legal provision for ratifying the Brexit Withdrawal Agreement and incorporating it into the domestic law of the United Kingdom. It is the most significant constitutional piece of legislation to be passed by Parliament of the Second Johnson ministry. The Withdrawal Agreement was the result of

Brexit negotiations Between 2017 and 2019, representatives of the United Kingdom and the European Union negotiated the terms for Brexit, the planned withdrawal of the UK from the EU. These negotiations arose following the decision of the Parliament of the United ...

. On 24 July 2018 the Government produced a white paper on the proposed bill and how the legislation would work. The bill was first introduced by the government in the second session of the 57th Parliament on 21 October 2019 with the long title "A Bill to Implement, and make other provision in connection with, the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU". This bill was not further debated after the second reading in the Commons on 22 October 2019 and lapsed on 6 November when parliament was dissolved in preparation for the 2019 general election. The bill was reintroduced immediately following the general election and was the first bill to be put before the House of Commons in the first session of the 58th Parliament, with changes from the previous bill, by the re-elected government and was read a first time on 19 December, immediately after the first reading of the

Outlawries Bill A Bill for the more effectual preventing clandestine Outlawries, usually referred to as the Outlawries Bill, is customarily the first bill on the agenda of the United Kingdom's House of Commons at the start of each session of Parliament. It is use ...

and before the debate on the

Queen's Speech A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a Legislative session, session is ...

began. The second reading took place on 20 December, and the third on 9 January 2020. This act was given Royal Assent on 23 January 2020, nine days before the UK left the European Union.

Provisions

The Act provides for the following: * Provides (introducing a ''saving'') that most provisions (certain provisions which were not repealed with immediate effect) of the 1972 European Communities Act will remain in full legal force and effect, ''as if they were not yet and never repealed'', during an ''implementation period'' to last until (by default) 31 December 2020, notwithstanding the repeal of the whole act by the automatic operation of Section 1 (came into force on 17 August 2019) of the

European Union (Withdrawal) Act 2018 The European Union (Withdrawal) Act 2018 (also known as the Great Repeal Act) is an Act of Parliament, Act of the Parliament of the United Kingdom that provides both for repeal of the European Communities Act 1972 (UK), European Communities A ...

on 31 January 2020 at 11:00pm. * Enshrines the

Withdrawal Agreement between the UK and the EU The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Uni ...

in domestic law including any

financial settlement In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. A collective settlement is a settlement of multiple similar legal cases. The term also has other meanings in t ...

and agreement on citizens' rights. * Makes provisions for changes to EU law to be legally binding in the UK during the implementation period (after the UK has left the EU). * Makes provisions for Parliamentary scrutiny and oversight of the process by

primary legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislature, legislative and executive (government), executive branches of ...

, instead of secondary legislation under the

European Union (Withdrawal) Bill The European Union (Withdrawal) Act 2018 (also known as the Great Repeal Act) is an Act of the Parliament of the United Kingdom that provides both for repeal of the European Communities Act 1972, and for parliamentary approval to be require ...

. * Section 38(1) expressly recognises that the Parliament of the United Kingdom is

sovereign ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...

, though the effect of this section is debated.

Legislative history

On 13 November 2017, the

Brexit Secretary Her Majesty's Principal Secretary of State for Exiting the European Union or, informally, Brexit Secretary, was a secretary of state in the Government of the United Kingdom, responsible for the business of the Department for Exiting the Europ ...

, David Davis, announced plans for a new bill to enshrine the Withdrawal Agreement, if any, in domestic law by primary legislation. Upon further questioning in the House of Commons, Davis clarified that if MPs chose not to pass the bill, the UK would remain on course to leave the EU on 29 March 2019 without a deal as a consequence of invoking Article 50 in March 2017, after the passing of the

European Union (Notification of Withdrawal) Act 2017 The European Union (Notification of Withdrawal) Act 2017 (c. 9) was an Act of the Parliament of the United Kingdom to empower the Prime Minister to give to the Council of the European Union the formal notice – required by Article 50 of the ...

. Described by '' The Independent'' as the government "caving in" to Tory rebels, the bill as originally conceived would have allowed

MPs MPS, M.P.S., MPs, or mps may refer to: Science and technology * Mucopolysaccharidosis, genetic lysosomal storage disorder * Mononuclear phagocyte system, cells in mammalian biology * Myofascial pain syndrome * Metallopanstimulin * Potassium perox ...

to scrutinise any agreement "line-by-line", as well as make amendments. Conservative MP Steve Baker, writing for '' The Times'', claimed the new bill "gives whatever deal we strike with the EU proper standing in British law" and that it was consistent with the referendum result in providing "more control over how we are governed to the UK Parliament." The bill was introduced to Parliament for the first time on 21 October 2019, but lapsed on 6 November with the dissolution of Parliament in preparation for the December 2019 general election. Following the attainment of a Conservative majority at the election, the bill was revised and reintroduced on 19 December, passing its second reading the following day. The December revision of the bill removed the provisions made in previous versions for parliamentary scrutiny of Brexit negotiations. The Withdrawal Agreement Bill passed its third and final reading in the House of Commons on 9 January 2020, with 330 in favour to 231 against. On 21 January 2020, the House of Lords passed the bill after approving five amendments to it. However, these amendments were overturned by the House of Commons on the following day. On 22 January 2020, the bill was passed by the House of Lords without further modifications. It received royal assent the following day.

References

External links

The European Union (Withdrawal Agreement) Act 2020
''legislation.gov.uk''

*[https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/728757/6.4737_Cm9674_Legislating_for_the_withdrawl_agreement_FINAL_230718_v3a_WEB_PM.pdf Legislating for the Withdrawal Agreement between the United Kingdom and the European Union] 24 July 2018
European Union (Withdrawal) Act 2018
Bills and legislation, parliament.uk
Explanatory Notes, 13 July 2017, published with the European Union (Withdrawal) Bill

House of Lords Select Committee on the Constitution – European Union (Withdrawal) Bill: interim report
(published 7 September 2017)
House of Lords Select Committee on the Constitution – European Union (Withdrawal Agreement) Bill: interim report
(published 5 November 2019)
''Legislating for the United Kingdom’s withdrawal from the European Union'' (The Great Repeal Bill White Paper), 30 March 2017 (Accessible web version)(Print version)

Briefing paper
House of Commons Library, 1 September 2017
UK Government – "Plan for Britain" website

The Withdrawal Agreement Act - a commentary
''thomashobbes.co.uk'' {{Boris Johnson United Kingdom Acts of Parliament 2020 Acts of the Parliament of the United Kingdom relating to the European Union Consequences of the 2016 United Kingdom European Union membership referendum Brexit

Provisions

Legislative history

See also

References

External links