Tuesday, 24 July 2018

Brexit - White Paper on legislation for the Withdrawal Agreement

Further White Paper:

A further Brexit-related White Paper was issued on 24 July 2018 - Legislating for the Withdrawal Agreement between the United Kingdom and the European Union.

The White Paper confirms that the EU (Withdrawal Agreement) Bill will:
  • be the primary means by which the rights of EU citizens will be protected in UK law;
  • legislate for the time-limited implementation period; and
  • create a financial authority to manage the specific payments to be made under the financial settlement, with appropriate Parliamentary oversight
See Hansard Online - Statement to House of Commons 24 July.

White Paper of 12 July:

Negotiations with a view to reaching a Withdrawal Agreement and an Agreement on the Future Relationship are on-going.  The White Paper of 12 July on The future relationship between the UK and the EU contained the UK's proposals and was considered in posts of 12 July14 July and 16 July.

The text of the  Draft Withdrawal Agreement - March 2018 and Negotiation Documents

Withdrawal Act 2018 - Exit Day:

The European Union (Withdrawal) Act 2018  was considered in a post of 27 June.   Section 1 of the Act repeals the European Communities Act 1972 on "exit day" and that is defined by section 20(1) as 29 March 2019 at 11.00 p.m.  Under section 20(4)  - "A Minister of the Crown may by regulations - (a) amend the definition of “exit day” in subsection (1) to ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply to the United Kingdom ..."

Some of the 2018 Act came into force on 26 June 2018 - the date of Royal Assent - see section 25 - but this did not include section 1 (Repeal of the ECA 72).  Section 20 (Commencement) came into force on 26 June.

The new White Paper states - para 60 -

A somewhat messy situation.  The ECA 72 will be repealed on Exit Day BUT its effects will live on until 31st December 2020.

The new White Paper will be more fully considered in a later post.

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