Procedure Committee (Commons)

Delegated powers in the 'Great Repeal Bill' inquiry

Inquiry status: open - accepting written submissions

Scope of the inquiry

The Procedure Committee of the House of Commons is inquiring into the delegated powers likely to be claimed by the Government in its proposed Great Repeal Bill.

The Committee invites written evidence on any or all of the following issues:

  • The adequacy of the present procedure for scrutiny of secondary legislation, and potential approaches for sifting the potential volume of legislation to be incorporated
  • The changes (if any) desirable to Commons procedures related to the delegation of powers or secondary legislation to address the likely scale and volume of ‘Great Repeal Bill’ legislation
  • The powers likely to be necessary or justified in primary legislation to incorporate the existing body of EU legislation (the acquis communautaire or acquis) into domestic law upon repeal of the European Communities Act 1972 (ECA), including (but not necessarily limited to):
    • powers to ensure the continuation in UK law of the legal order in force upon repeal of the ECA, with only such amendments as are necessary to ensure that the law applicable in the UK continues with the same effect):
    • powers to amend domestic primary and secondary legislation implementing EU obligations in line with Government policy objectives, following the cessation of those obligations and the repeal of the ECA):
    • powers to amend, in line with Government policy objectives, provisions of EU law presently given direct effect in UK law by operation of the ECA, following the incorporation of those provisions into UK law
  • Whether so-called "Henry VIII" powers are likely to be necessary or justified in this respect; whether alternative drafting techniques may produce the same effect; and whether there are any areas of the acquis or existing domestic legislation which should be off limits to such powers
  • Whether a time limit should be set upon the availability of any powers delegated for these purposes

Following this initial phase of the Committee’s work, it is anticipated that the Committee will go on to examine the provisions of the Bill as introduced in the 2017–18 Session.

Terms of Reference: Procedure Committee inquiry into Delegated powers in the 'Great Repeal Bill' inquiry Send a written submission

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