Tag: Henry VIII clauses
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Rhiannon Ogden-Jones: Legal Uncertainty and the Levelling-Up and Regeneration Bill 2023
The Levelling-Up and Regeneration Bill (‘LURB’), currently before the House of Lords, aims to facilitate the government’s levelling-up agenda, which was set out in the ‘Levelling-Up the United Kingdom’ White Paper in 2022. At 222 clauses and 18 schedules, full consideration of the Bill (as amended in Committee, 24th May 2023) would require more than…
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Pablo G. Hidalgo, Fiona de Londras and Daniella Lock: Parliamentary scrutiny of extending emergency measures in the two Scottish Coronavirus Acts: On the question of timing
The Scottish Acts are subject to a sunset clause. The measures will expire on the 30 September 2021, unless Parliament passes legislation extending this expiry date. This is in contrast to the UK Coronavirus Act 2020, which is subject to a two-year sunset clause. It is Scottish Ministers to extend the Scottish Acts through Henry VIII powers twice,…
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Anthony Arnull: The European Union (Withdrawal Agreement) Bill
The European Union (Withdrawal Agreement) Bill is intended to give effect in the UK to the Withdrawal Agreement (WA) agreed by the UK with the EU-27 on 1 October 2019. The Bill received its second reading on 22 October 2019 and is currently in ‘limbo’ pending the start of the committee stage. If and when…
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Adam Tucker: A First Critical Look at the Scrutiny of Delegated Legislation in the Withdrawal Agreement Bill
In this post, I make a preliminary attempt at assessing the provision made in the EU (Withdrawal Agreement) Bill – or WAB – for the scrutiny of the legislative powers which it delegates to the executive. My conclusions are not positive. The scrutiny procedures it seeks to enact are inadequate – so inadequate that it…
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Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Reports on Delegated Powers
The House of Lords Constitution Committee has today published a major report on delegated powers. It is a component of a larger, four-part inquiry that the Committee is undertaking into the legislative process. (The first report in this series, concerning the preparation of legislation for Parliament, was published in October 2017; reports on the passage…
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Stephen Tierney: The Legislative Supremacy of Government
At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a…
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Alison Young: Status of EU Law Post Brexit: Part Two
In an earlier blog post, I argued that whilst the Government’s amendments provided some clarity as to the status of retained EU law post Brexit, they failed to provide a complete account, giving rise to a potential for further uncertainty in the future. This post will examine two further issues – whether the amendments respond…
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Paul Craig: European Union (Withdrawal) Bill: Legal Status and Effect of Retained Law
In an earlier posting I intimated that the initial divide between EU measures that should be regarded as primary legislation post-Brexit and those that should be regarded as secondary measures would not be too difficult to draw. When the initial divide had been made it could then be decided whether the status of any such…
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Paul Craig: The Withdrawal Bill, Status and Supremacy
The House of Lords Constitution Committee’s Report on the European Union (Withdrawal) Bill, HL Paper 69, is a valuable document, with many important insights and recommendations for improvements to the current version of the Bill. This comment relates solely to the Committee’s recommendations concerning the status of retained EU law in a post-Brexit world and…
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Michael Ford and Phil Syrpis: Retained EU law in the EU (Withdrawal) Bill: A Reaction to the House of Lords Constitution Committee Report
On 29 January the House of Lords Constitution Committee delivered a withering assessment of the EU (Withdrawal) Bill, describing it as ‘fundamentally flawed from a constitutional perspective in multiple ways’. Alongside trenchant criticisms of the delegated powers in the Bill, and the effects for the devolution settlement, the Committee’s Report focuses on the definition and…