The main business for Parliament this week will be to consider the European Union (Withdrawal Agreement) Bill. Enacting the bill will make it possible for the UK to ratify the withdrawal agreement and thus to leave the EU later this month in an orderly fashion, with EU law set to continue in force in the UK throughout the implementation period. This is due to end on 31 December.
The bill was introduced to the House of Commons on 19 December and differs in important respects from the bill considered before the election in October. So what’s changed?
The bill now empowers ministers by regulation to authorise any UK court, not just the Supreme Court, to depart from judgments of the Court of Justice of the EU, case law which UK legislation otherwise gives effect in domestic law even after the implementation period ends. This is a mistake and should be rethought.
In one way, it is no surprise that a Government with a stable majority and a new electoral mandate has recast the bill.
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