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'Great repeal bill' human rights clause sets up Brexit clash with Labour | 'Great repeal bill' human rights clause sets up Brexit clash with Labour |
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The government has set itself on a collision course with opposition parties by insisting that it will not bring the EU charter of fundamental rights into domestic law on Brexit day. | The government has set itself on a collision course with opposition parties by insisting that it will not bring the EU charter of fundamental rights into domestic law on Brexit day. |
The EU (withdrawal) bill, published on Thursday – known as the “great repeal bill”– which will formally enact Brexit, includes a clause which says: “The charter of fundamental rights is not part of domestic law on or after exit day.” | The EU (withdrawal) bill, published on Thursday – known as the “great repeal bill”– which will formally enact Brexit, includes a clause which says: “The charter of fundamental rights is not part of domestic law on or after exit day.” |
The shadow Brexit secretary, Keir Starmer, has made the incorporation of the charter – which interprets EU human rights – one of the six tests he will apply when Labour decides whether to vote for the bill when it returns to parliament in the autumn. The Liberal Democrats have also made it a key demand. | The shadow Brexit secretary, Keir Starmer, has made the incorporation of the charter – which interprets EU human rights – one of the six tests he will apply when Labour decides whether to vote for the bill when it returns to parliament in the autumn. The Liberal Democrats have also made it a key demand. |
The government believes the charter, which interprets existing EU rights rather than creating new ones, will no longer be necessary after “exit day”, when Britain leaves the EU. But refusing to incorporate it will set up one of a series of parliamentary struggles as Theresa May tries to get the legislation through parliament. | The government believes the charter, which interprets existing EU rights rather than creating new ones, will no longer be necessary after “exit day”, when Britain leaves the EU. But refusing to incorporate it will set up one of a series of parliamentary struggles as Theresa May tries to get the legislation through parliament. |
The first and most historically significant line of the bill says simply: “The European Communities Act 1972 is repealed on exit day.” | |
But the legislation also brings EU law into domestic UK law, to create continuity after what the bill calls “exit day”. | But the legislation also brings EU law into domestic UK law, to create continuity after what the bill calls “exit day”. |
And it contains controversial new powers for ministers to tweak laws and create new institutions, where these are deemed necessary to make EU law work when it is transferred to UK law. | And it contains controversial new powers for ministers to tweak laws and create new institutions, where these are deemed necessary to make EU law work when it is transferred to UK law. |
Ministers will be able to use these so-called “Henry VIII powers” for up to two years after exit day, reflecting the government’s fear that it could face a bottleneck of legislation as it battles to make the necessary changes in time. | Ministers will be able to use these so-called “Henry VIII powers” for up to two years after exit day, reflecting the government’s fear that it could face a bottleneck of legislation as it battles to make the necessary changes in time. |
More details soon … | More details soon … |