The European Union (Withdrawal)
Bill cuts off the source of European Union law in
the UK by repealing the European Communities Act
1972, converts EU law and preserves EU-related
domestic law onto the post-exit day statute book, and provides
delegated powers to make secondary legislation in order to
prepare for leaving the EU.
The Bill was introduced to the House of Commons on 13 July 2017
as Bill 005 of 2017-19.
The Bill was amended in the Commons at Committee and Report
stage, and was sent to the House of Lords where it was
introduced as HL Bill 79 of 2017-19.
The Bill was amended in the House of Lords at Report stage and
Third Reading. Both Houses of Parliament have to agree on
the text of Bills to be presented for Royal Assent (save for
procedures under the Parliament Acts of
1911 and 1949). The House of Commons has spent 96 hours
debating the Bill up to this point, with the House of Lords
debating the Bill for a total of 152 hours.
Lords Committee stage
The House of Lords did not amend the Bill at Committee stage
although they considered a total of 477 amendments over a
period of eleven days.
Lords Report stage
A total of 316 amendments were tabled to the bill for
consideration at Report stage, which took place over six days.
The House of Lords made 192 amendments to the Bill during
Report stage. The Government suffered 14 defeats at divisions
and some non-Government amendments were accepted without
division. The Government also brought forward their amendments
to the Bill.
Non-government amendments made in the Lords covered topics
including:
- requiring the Government to report on steps taken to
negotiation continuation in a customs partnership;
- protection of environmental principles
- the Charter of Fundamental Rights;
- the use of delegated powers;
- the procedures for statutory instruments made under the
delegated powers in the bill;
- exit day;
- the north-south cooperation and the border between Ireland
and Northern Ireland; and,
- participation in the European Economic Area.
Notable Government amendments included the reversal of the
presumption that powers in devolved policy areas would have
returned to the UK: they will now return to the devolved
institution in the first instance instead. In addition,
the powers to modify the provisions in the bill by regulation
under the bill, to create public bodies, and to make
regulations for compliance with international obligations under
the bill were all removed.
Third Reading
The Government suffered one defeat at Third Reading: a new
clause was added regarding the maintenance of EU environmental
standards and principles. Eight Government amendments
were also made at Third Reading.
Commons consideration of Lord amendments
No date has yet been announced to Parliament by the Government
for Commons consideration of Lords amendments. The
Commons has to take a decision on all the Lords
amendments. The Commons can agree to, amend, disagree to
or replace an amendment.
A message is then sent to the Lords together with the Bill, any
amendments which the Commons have made to or instead of the
Lords’ amendments and, in the case of an outright disagreement
to a Lords amendment with no alternative offered, a formal
reason for that disagreement. If an amendment has been
agreed to by the Commons, this is then communicated to the
Lords and it is not subject to any further debate.
If the Lords insist on all or any of the amendments with which
the Commons has disagreed, or disagree to the amendments made
by the Commons to or instead of their amendments, or offer
different amendments on the same subject, further proceedings
would be required again in the Commons to consider any changes
made.
