Brexit: Withdrawal Bill progress

After completing the stages in the House of Commons on 9 January 2020, the European Union (Withdrawal Act) Bill went through the House of Lords first and second readings on the 9 and 13 January 2020 respectively. The Constitution Committee has published a report on the constitutional issues in the Government’s Withdrawal Agreement Bill, which specifically draw attention to the possible implications of clause 26, which would empower ministers to order courts to depart from retained EU laws. Baroness Taylor, chair of the Constitutional Committee, commented: ‘The government should reconsider the implications of clause 26 and the potential for significant legal uncertainty if lower courts are to be given the power to depart from previous CJEU caselaw and previous domestic interpretations of retained EU law. The government should also provide for a sifting process for the scrutiny of instruments made under the Bill, as recommended by the Delegated Powers and Regulatory Reform Committee.’