Key Facts

• Section 4 of the European Union (Withdrawal) Act 2018 has provided stability and certainty over previous years.
• A legal vacuum could emerge if the Government does not replace the effects of EU law exactly as required by clauses 12 to 15.
• Groups such as TUC and CBI have written to the Prime Minister requesting that the Bill be withdrawn due to concerns about legal uncertainty.
• Section 4 of the EU withdrawal Act incorporated certain rights that previously had effect in UK legal system through section 2(1) of the European Communities Act 1972.
• Rights saved by section 4 overlap with those already established in domestic law, causing confusion.
• The Bill seeks to repeal section 4 but will codify specific individual rights into UK domestic law.
• The new clause mandates consultations with organisations and persons representative of interests affected by EU law removal.
• A Minister's report must assess advantages and disadvantages including impact on consumer, worker, business protections, legal certainty, trade agreements, and the Northern Ireland protocol.
• Both Houses of Parliament must approve a resolution after a sixty-day period for sections to come into force.
• Clause 4 abolishes the supremacy of EU law but retains the power until 2026.
• Section 5(2) of the European Union (Withdrawal) Act 2018 stated that the principle of EU law supremacy would continue to apply up to exit day.
• New clause 8 aims to introduce scrutiny and consultation on the use of powers in clauses 3, 4, and 5.
• The UK Trade and Business Commission is a cross-party, cross-industry body looking at trade implications post-Brexit.
• The British Chambers of Commerce and TUC expressed concern over clauses 4 to 7 creating uncertainty for businesses and workers.
• Stella Creasy highlighted the importance of supremacy in resolving dual systems issues in Northern Ireland.
• The Bill seeks to end the principle of supremacy of retained EU law.
• Clause 4 establishes a new priority rule ensuring domestic legislation prevails over retained direct EU legislation in case of conflict.
• Clause 5 ensures general principles of EU law will no longer be part of the UK statute book from the end of 2023.
• The amendment aims to expand clause 7 to include legal certainty, clarity, predictability, and the principle that significant changes in the law should be made by Parliament.
• Clause 7 introduces a new test for higher courts to consider when departing from retained EU case law.
• The Minister argues that the amendment would limit judges' ability to decide on departures from retained EU case law.
• Amendments 38 through 47 aim to modify clause 7 of the Bill.
• Amendment (a) is related to Government amendment 5.
• The amendments seek to exclude Scottish courts and law officers from specific procedures in the Act.
• Clause 7 introduces new tests for higher courts to depart from retained EU case law.
• Lower courts are given greater freedom to refer points of law to higher courts.
• Law Officers have power to intervene in cases before higher courts to argue departure from retained case law.
• Proposed amendments would exclude Scottish courts and Law Officers from certain procedures established by the Bill.
• The Bill restricts the Lord Advocate's power to make references only to points of law relating to the meaning or effect of relevant Scotland legislation.
• Amendments aim to remove these restrictions and allow the Scottish Law Officers to act without limitations related to reserved matters in England and Wales.
• There are concerns that the proposed actions breach article 19 of the Treaty of Union.
• Amendments 35, 36, and 37 concern clause 7's proposed new section 6B, which provides powers for Law Officers to refer points of law to higher courts.
• Amendments 48 and 93 relate to proposed new section 6C, giving Law Officers the power to intervene in cases before higher courts.
• The provisions restrict references and interventions by the Lord Advocate to points of law within the devolved competence of the Scottish Government.
• Amendments 5 and 6 will remove references to a 'devolved law officer'.
• The changes are policy-neutral and tabled in collaboration with the Scottish Government.
• Clause 7's provisions concerning case law do not apply in relation to obligations under the Northern Ireland protocol.
• Clause 7 will free UK courts from constraints imposed by past judgments of EU courts.
• The amendment aims to allow judicial decisions to remain in line with the opinion of the Court of Justice of the European Union without unnecessary constraint.