Principal Brexit bill introduced to Parliament

The European Union (Withdrawal) Bill, which repeals the European Communities Act 1972 from the day the United Kingdom exits the European Union, has been published and brought before the Westminster Parliament.

Under the bill, EU-derived domestic legislation, as it has effect in domestic law immediately before exit day (a date to be appointed), continues to have such effect on and after exit day, and direct EU legislation, so far as operative immediately before exit day, forms part of domestic law on and after exit day. Rights available before that day will continue to be available and enforceable, but the principle of the supremacy of EU law does not apply to any new law on or after exit day, apart from certain modifications of pre-existing law.

The much-anticipated powers in ministers to make regulations to assist the transition, the so-called Henry VIII powers, are expressed as a power to "make such provision as the Minister considers appropriate to prevent, remedy or mitigate – (a) any failure of retained EU law to operate effectively, or (b) any other deficiency in retained EU law", which includes matters dealing with reciprocal arrangements between public authorities that the minister considers to be redundant or no longer appropriate. They can make any provision that could be made by Act of Parliament, and provide for functions of EU entities to be exercisable by UK authorities, or replaced or abolished.

There is a similarly wide power to "make such provision as the Minister considers appropriate to prevent or remedy any breach, arising from the withdrawal of the United Kingdom from the EU, of the international obligations of the United Kingdom".

In each case the power lasts for two years after exit day.

The Scottish Parliament and the other devolved legislatures are given similar powers in relation to devolved matters; and the Scotland Act 1998 is amended so that instead of the Parliament being unable to pass legislation incompatible with EU law, it cannot modify "retained EU law" except where it already has such power – indicating that agreement with the UK Government will be required before any powers now with the EU are transferred to Holyrood.

Opposition parties have promised to give the bill a difficult passage, and a legislative consent motion for certain provisions will require to be put before Holyrood. One likely point of dispute is the clause that the European Charter of Fundamental Rights (different from the European Convention on Human Rights, which is stated to be not affected) will not be part of UK law.

Click here to view the bill. For a critical review of the bill and the scope of the delegated powers it creates, see politics.co.uk