THE Great Repeal Bill will give Scottish ministers powers to change legislation at Holyrood to “correct” EU law in line with similar powers to be used by UK ministers, the White Paper on the forthcoming Brexit Bill says.
The planned new legislation, which Prime Minister Theresa May has said will make the UK an "independent, sovereign nation", is effectively a cut and paste exercise that will transfer all EU law into UK law in time for when Brexit happens.
When it finally comes before the UK Parliament, it will not be called the Great Repeal Bill but will have a more administrative-sounding title.
Separate primary legislation on matters such as immigration and customs will also be needed.
The 37-page White Paper sets out the process, as much as it can, to provide “maximum certainty” as Britain leaves the EU after a 44-year relationship.
In his foreword, David Davis, the Brexit Secretary, notes how the legislation, due to be the centre-piece of the Queen’s Speech in May, will mean the “UK Parliament will unquestionably be sovereign again,” and he adds: “Our courts will be the ultimate arbiters of our laws. In achieving this, we will be delivering on the outcome of the referendum.”
The White Paper explains that the forthcoming legislation will:
*repeal the 1972 European Communities Act, which says EU law is supreme to the UK's;
*ensure the UK leaves the jurisdiction of the European Court of Justice;
*transpose existing EU legislation into domestic UK law and
*it will take effect the day the UK leaves the EU.
The exercise, that will involve thousands of EU laws, has been described as "one of the largest legislative projects ever undertaken in the UK".
The White Paper makes clear in its section on “interaction with the devolved settlements” that as powers are repatriated from Brussels, it will be “important to ensure that stability and certainty is not compromised and that the effective functioning of the single market is maintained”.
It explains that the UK Government’s guiding principle will be to ensure that no new barriers to living and doing business “within our own Union” are created as the country leaves the EU.
To provide the greatest level of certainty after Brexit, the document says the UK Government intends to “replicate the current frameworks provided by EU rules through UK legislation”.
In parallel to this, UK ministers will begin intensive talks with the devolved administrations to identify where “common frameworks” are needed and not needed in the future to deliver an approach that works for the “whole and each part of the UK”.
The White Paper states that this will provide an opportunity to determine the “level best-placed” to take decisions on a range of issues, ensuring that power lies closer to the people than ever before.
“It is the expectation of the Government that the outcome of this process will be a significant increase in the decision-making power of each devolved administration.”
However, the document does not set out which new powers might go from Brussels via London to Edinburgh but it is expected that they will, in part, cover agriculture, fisheries and the environment.
Mr Davis has told MPs that he does not yet know whether or not the UK Government will call on Holyrood to give it a Legislative Consent Motion so that Westminster can pass laws on devolved areas normally carried out by MSPs. This is despite the fact that Whitehall sources have suggested LCMs will be necessary as the bill proceeds.
However, the White Paper states: “Legislation that is within the competence of the devolved legislatures or ministers giving effect to EU law will also need to be amended as we leave the EU.”
And it concludes: “We, therefore, propose that the Bill also gives the devolved ministers a power to amend devolved legislation to correct law that will no longer operate appropriately in line with the power we propose should be held by UK ministers.”
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