The 5 most important sections of the European Union (Withdrawal) Act 2018
As the European Union (Withdrawal) Act 2018 receives Royal Assent here are the 5 most important sections to be aware of:
Section 1
Section 1 repeals the European Communities Act 1972. That Act paved the way for the UK to join the European Union in 1973 and section 2(1) originally established the principle of the supremacy of EU law in the UK.
Section 3
Direct EU legislation such as regulations and decisions will become part of UK domestic law upon withdrawal. This will be the largest change to the statute book that has ever been seen and while it will ensure a degree of certainty and continuity it also has the potential to be a great source of confusion.
Section 6
This provision tries to set out the role that the courts will play post-Brexit. This has been criticised as it is not clear when the courts should still refer to judgments from the European Court of Justice. Section 6 says they should do so when it is "relevant" but this is open to a wide interpretation.
Section 8
The EU law that is retained after exit day will have to be amended so that it remains relevant to the UK. Section 7 gives the government the power to do this but many MPs were worried that this is a power that could be abused so changes will be subject to enhanced scrutiny by Parliament.
Section 11
Implementing Schedule 2, this directly relates to the issue of devolution. The Scottish and Welsh government are not happy about this and have their own versions of the legislation that is being challenged by the Attorney General in the Supreme Court. If Wales and Scotland win then they will have much greater control over former EU law after the UK leaves.
This week I am:
Reading: Return of the King: Lebron James, the Cleveland Cavaliers and the Greatest Comeback in NBA History by Brian Windhorst and Dave McMenamin
Listening to: Late Show by The Beaches
Make a difference today,
Marcus