Brexit: Parliament and legislation

What legislation is required for the UK's withdrawal from the EU? How will the UK convert EU-derived law into domestic law? What role does Parliament play in the Brexit process? Read research and analysis from Parliament's libraries and committees.

Brexit: parliamentary scrutiny of UK replacement treaties
Commons Library research briefing, updated 17 July 2019
Looks at replacement treaty agreements and Parliament's role in scrutinising the treaty-making process

Proposal for Joint Committee on the Costs and Implications for the UK of a No-Deal Brexit on 31 October 2019
Lords Library research briefing, 27 June 2019
Material relevant for the debate on appointing a joint committee for both Houses to consider the costs and implications of a no-deal Brexit

Taking control of the order paper
Commons Library Insight, 26 June 2019
How have MPs taken control of the order paper in recent months to facilitate Brexit debates?

Can the Withdrawal Agreement be renegotiated and can Parliament prevent 'no deal'?
Commons Library Insight, 14 June 2019
Clarifies whether there is scope for renegotiation of the Withdrawal Agreement and whether Parliament can prevent no-deal Brexit

Prorogation of Parliament
Commons Library research briefing, 11 June 2019
Explains what it means to prorogue Parliament and the two specific contexts in which it has been raised in the Brexit debate

The Cooper Act and Article 50 – a new role for Parliament?
Commons Library Insight, 9 April 2019
What does the European Union (Withdrawal) (No. 5) Bill mean for extending Article 50? What is Parliament's new role in the process?

EU (Withdrawal) (No. 5) Bill: Summary of Commons Stages
Lords Library research briefing, 4 April 2019
Covers the Commons stages of Yvette Cooper's Private Member's Bill, which passed its third reading with a majority of only one vote

Indicative votes 2.0: where did support lie?
Commons Library Insight, 3 April 2019
Looks at the 'indicative votes' in the Commons and examines the changes in support for these motions from 27 March to 1 April

European Union (Withdrawal) (No. 5) Bill 2017-19
Commons Library research briefing, 2 April 2019
Overview of Yvette Cooper's Private Member's Bill, which would give the Commons greater control over the process of extending Article 50

United Kingdom's withdrawal from the European Union
Commons Library research briefing, 29 March 2019
Explains the legal significance of the debate on a Government motion to approve the Withdrawal Agreement anticipated for 29 March 2019

Brexit: Debate under Section 13(6)(b) of the EU (Withdrawal) Act
Lords Library research briefing, 22 March 2019
Selection of material relevant for the Lords debate due to take place on 25 March 2019

Response to the 12 March 2019 vote on the Withdrawal Agreement and Political Declaration: next steps for Parliament
Exiting the European Union Committee report, 13 March 2019
Argues that Parliament will need to request an extension to Article 50 to allow sufficient time for the Commons to identify a way forward

The Brexit timetable: One promise. Two weeks. Three key votes.
Commons Library Insight, 1 March 2019
Outlines the three key Brexit votes due to take place in the Commons before 15 March and explains what will happen in these votes

Yvette Cooper's Private Member's Bill explained
Commons Library Insight, 19 February 2019
Explains what role Yvette Cooper's bill would give to Parliament in extending Article 50 and how it fits into the broader Brexit process

Debate on a Motion relating to the UK's withdrawal from the EU
Commons Library research briefing, updated 13 February 2019
Information for the debate on a Motion relating to the UK's withdrawal from the EU scheduled for 14 February 2019

Further Take-Note Debate on EU Withdrawal
Lords Library research briefing, 8 February 2019
Explains the context of the forthcoming debates in both Houses and provides an update on recent developments in the Brexit negotiations

Leaving the European Union: Recent Developments and Debates under Section 13 of the European Union (Withdrawal) Act 2018
Lords Library research briefing, 31 January 2019
Summarises recent developments, focusing on debates that took place in the House of Lords and the House of Commons in January 2019

A 'Plan B' considered and two instructions given: Where next for Parliament and Brexit?
Commons Library Insight, 30 January 2019
Examines how MPs voted on the amendments and what the final resolution means for negotiations with the EU and Parliament's role

Further Debate for the Purposes of Section 13 of the European Union (Withdrawal) Act 2018
Lords Library research briefing, 24 January 2019
Information on the Commons vote to reject the withdrawal agreement, statements by the Prime Minister and amendments tabled

European Union (Withdrawal) (No. 3) Bill 2017–19
Commons Library research briefing, 23 January 2019
Overview of the bill to allow the House of Commons to instruct the Prime Minster to seek an extension to Article 50 if no deal is approved

European Union (Withdrawal) (No. 2) Bill 2017–19
Commons Library research briefing, 18 January 2019
Explains how the bill proposes to give Parliament greater control over the Government's negotiations with the EU

A "meaningful vote" cast: What happened and what next?
Commons Library Insight, 16 January 2019
Explains what happened procedurally when the Commons rejected the Prime Minister's Brexit deal and sets out what could happen next

Response to the vote on the Withdrawal Agreement and Political Declaration: Options for Parliament
Exiting the European Union Committee report, 16 January 2019
Sets out potential next steps following the rejection of the Withdrawal Agreement in the Commons

Adjournment of the House of Lords Debate on the Withdrawal Agreement and Political Declaration
Lords Library research briefing, 11 December 2018
Summarises recent developments which may influence when the Lords has the opportunity to debate the withdrawal agreement again

Brexit and the "meaningful vote": The Final Countdown?
Commons Library Insight, 30 November 2018
Sets out what is expected to happen in the lead-up to the Commons' "meaningful vote" and what to look out for afterwards

Motions under section 13(1) of the EU (Withdrawal) Act 2018
Procedure Committee report, 16 November 2018
Sets out three potential options for the process for the House of Commons to approve any negotiated withdrawal agreement

The 'meaningful vote': A user's guide
Commons Library Insight
Overview of the Parliamentary process in approving a withdrawal agreement and in the case of a 'no deal' scenario

The User's Guide to the Meaningful Vote
Commons Library research briefing, 25 October 2018
Explains what the 'meaningful vote' is and what Parliament's role will be if a deal on EU withdrawal is accepted, rejected or never reached

Sifting "proposed negative instruments" laid under the Withdrawal Act
Secondary Legislation Scrutiny Committee report, 20 July 2018
Sets out how the committee will approach its role as sifting committee for regulations introduced under the EU (Withdrawal) Act 2018

Parliamentary scrutiny and approval of the Withdrawal Agreement
Exiting the European Union Committee report, 28 June 2018
Argues that Parliament must be able to express its views and advise the Government in the event of no deal on the withdrawal agreement

E-petition relating to Parliament's vote on the Brexit deal
Commons Library research briefing, updated 8 June 2018
Overview of the debate on Parliament's vote on the Withdrawal Agreement negotiated between the UK and the EU

Brexit: Parliament's role in approving and implementing agreements
Commons Library research briefing, 23 May 2018
Examines Parliament's role in approving the Withdrawal Agreement and implementing the agreements through domestic legislation

Brexit: can Parliament control the outcome of the negotiations?
Commons Library Insight, 1 May 2018
Looks at the implications of the Lords' amendments to the EU Withdrawal Bill for Parliament's role in the Brexit negotiations

Parliament and the withdrawal agreement: the "meaningful vote"
Commons Library Insight, 9 February 2018
Explains the relationship between approving and implementing the withdrawal agreement and Parliament's role after the negotiations

Reporting to Parliament on the progress of negotiations
Lords Library research briefing, 29 August 2017
Background information on the Government's plans for reporting to Parliament on the progress of Brexit negotiations

Parliament's role in ratifying treaties
Commons Library research briefing, 17 February 2017
Explains when and how the Government must lay most treaties before Parliament before it can ratify them

Brexit & Miller: what next for Parliament?
Commons Library Insight, 24 January 2017
Examines the Supreme Court ruling on whether primary legislation is required to trigger Article 50

Treaty negotiations: the Government's position
Commons Library research briefing, 19 January 20017
Examples of information the Government gave to Parliament in advance of treaty negotiations

Brexit and Parliament: deal or no deal?
Commons Library Insight, 17 January 2017
Looks at the Prime Minister's speech about Brexit at Lancaster House which included some clarification about Parliament's role

Brexit: parliamentary scrutiny
European Union Committee report, 20 October 2016
Parliament should be involved in scrutinising the Brexit negotiations as they happen rather than after decisions have been made

Scrutinising Brexit: the role of Parliament
European Union Committee report, 22 July 2016
Argues that all aspects of the Brexit negotiations, including trade negotiations, should be effectively scrutinised by Parliament

European Union (Withdrawal) (No. 6) Bill: Briefing for Lords Stages
Lords Library research briefing, 5 September 2019
Sets out the main points of the bill and summarises its passage through the Commons, in advance of the second reading in the Lords

The Benn-Burt Bill: Another Article 50 extension?
Commons Library Insight, 4 September 2019
Explains how the European Union (Withdrawal) (No. 6) Bill seeks to avoid a no-deal Brexit

The status of "retained EU Law"
Commons Library research briefing, updated 30 July 2019
Looks at the process of converting EU law into a new type of domestic law, who can change this new law and how

Brexit and Delegated Legislation
Lords Library research briefing, 29 March 2019
Overview of how scrutiny of delegated legislation takes place in both Houses and considers the impact of Brexit on it

European Union (Withdrawal) (No. 4) Bill 2017-19
Commons Library research briefing, 19 February 2019
Overview of Yvette Cooper's Private Member's bill, which would allow MPs to instruct the Prime Minister to seek an extension to Article 50

What legislation is required for a 'no deal' Brexit?
Commons Library Insight, 15 February 2019
Examines which bills are necessary and which might be considered optional in a 'no deal' scenario

Legislating for the withdrawal agreement
Commons Library research briefing, 7 September 2018
Outlines the Government white paper on legislating for the withdrawal agreement ahead of the general debate on 10 September 2018

Legislating for transition: A stay of execution for the European Communities Act?
Commons Library Insight, 2 August 2018
Explains what the white paper reveals about how the Government will implement or amend EU law during a potential transition period

European Union (Information, etc.) Bill: Briefing for Lords Stages
Lords Library research briefing, 16 July 2018
Overview of the bill, which makes provision for information on the EU and town twinning support schemes to be made publicly available

Scrutiny of delegated legislation under the EU (Withdrawal) Act 2018
Procedure Committee report, 9 July 2018
Sets out how a new European Statutory Instruments Committee should function to scrutinise Brexit legislation

Legislating for Brexit: EU decisions
Commons Library research briefing, 19 January 2018
Examines the different types of EU decisions and how the EU withdrawal bill will deal with them

Exiting the European Union: scrutiny of delegated legislation
Procedure Committee report, 6 November 2017
Calls for a new "sifting committee" to be set up to determine which proposed pieces of delegated legislation need detailed scrutiny by MPs

Legislating for Brexit: EU directives
Commons Library research briefing, 5 April 2017
Considers what will happen to EU directives when the UK leaves the EU and examines the EU directives currently in force in the UK

Legislating for Brexit: the White Paper
Commons Library Insight, 31 March 2017
Examines the details of the Government's White Paper on legislating for the UK's withdrawal from the EU

Legislating for Brexit: Statutory Instruments implementing EU law
Commons Library research briefing, 16 January 2017
Looks at how the majority of EU directives are implemented in the UK and lists EU-related UK Statutory Instruments

Legislating for Brexit: directly applicable EU law
Commons Library research briefing, 12 January 2017
Explains what 'directly applicable' EU law is, how it applies in the UK and estimates how many EU regulations are in force

Legislating for Brexit: EU external agreements
Commons Library research briefing, 5 January 2017
Examines how Brexit might affect EU external agreements and lists bilateral and multilateral agreements

Amendments to the EU withdrawal bill

Withdrawal Bill: scrutiny of secondary legislation (Schedule 7) update
Commons Library research briefing, updated 9 July 2018
Reviews the amendments made to the EU withdrawal bill that concern how the two Houses sift statutory instruments

European Union (Withdrawal) Bill 2017–19: Ping Pong
Commons Library research briefing, 19 June 2018
Provides details of areas where the two Houses are yet to agree on the text of the EU withdrawal bill

Grieve 2: an amendable motion?
Commons Library Insight, 19 June 2018
Looks at the 'Grieve 2' amendment, which proposes to guarantee that the Commons can consider a motion on the Government's Brexit policy

EU (Withdrawal) Bill: Commons Consideration of Lords Amendments
Lords Library research briefing, 15 June 2018
Overview of the new provisions added to the bill through amendments made in the Commons before it returns to the Lords

EU (Withdrawal) Bill: Where are we now on the 'meaningful vote'?
Commons Library Insight, 15 June 2018
Looks at the Grieve amendment, the Government's amendment in lieu and the original Lords Amendment 19

Brexit divisions – Commons votes on the EU (Withdrawal) Bill
Commons Library research briefing, 12 June 2018
Information on the divisions during the passage of the bill during its Second Reading, Report Stage and Third Reading in the Commons

Last chance for compromise? Devolution and the EU (Withdrawal) Bill
Commons Library Insight, 11 June 2018
Looks at the areas of disagreement about the devolution provisions in the bill and what proposed opposition amendments would entail

Parliament's right to a meaningful vote
Commons Library Insight, 11 June 2018
Will the Commons accept or reject the Lords' meaningful vote amendment to the EU (Withdrawal) Bill?

EU (Withdrawal) Bill: Commons consideration of Lords amendments
Commons Library research briefing, 5 June 2018
Summarises amendments to the bill and provides information about procedures for Commons consideration of Lords amendments

European Union (Withdrawal) Bill: Summary of Lords Amendments
Lords Library research briefing, 18 May 2018
Summarises amendments made to the European Union (Withdrawal) Bill in the House of Lords

European Union (Withdrawal) Bill: Lords Report Stage
Lords Library research briefing, 14 May 2018
Summarises amendments made to the EU withdrawal bill by the House of Lords at report stage

Provisions of the EU withdrawal bill

Withdrawal Agreement: Section 13(1)(c) of the EU (Withdrawal) Act
Lords Library research briefing, 4 January 2019
Outlines the requirements of section 13 of the EUWA in advance of the debate in the House of Lords in January 2019

Withdrawal Agreement: Section 13(1)(c) of the EU (Withdrawal) Act
Lords Library research briefing, 30 November 2018
Outlines the requirements of section 13 in advance of motions that are expected to be debated in the House of Lords in December 2018

European Union (Withdrawal) Bill: Lords Committee Stage
Lords Library research briefing, 12 April 2018
Overview of areas of the bill where the Government indicated it would further consider issues raised in amendments tabled by Members

European Union (Withdrawal) Bill: briefing for Lords stages
Lords Library research briefing, 25 January 2018
Examines the provisions of the bill and outlines its passage through the Commons ahead of Second Reading in the Lords

The EU (Withdrawal) Bill: Summary of Commons Committee Stage
Commons Library research briefing, 9 January 2018
Summarises the main areas of debate, commitments made by the Government and amendments agreed in the committee stage

The European Union (Withdrawal) Bill: exit day
Commons Library research briefing, 18 December 2017
Addresses the domestic legal concept of exit day defined by the EU withdrawal bill as well as amendments tabled relating to exit day

EU (Withdrawal) Bill: clauses 9, 8 and 17
Commons Library research briefing, 11 December 2017
Examines delegated powers for ministers to make secondary legislation to prepare for Brexit, set out in clauses 9, 8 and 17

EU (Withdrawal) Bill: scrutiny of secondary legislation (Schedule 7)
Commons Library research briefing, 7 December 2017
Reviews proposals by the Government and the Procedure Committee to scrutinise delegated legislation made under the EU withdrawal bill

European Union (Withdrawal) Bill: clause 7 "the correcting power"
Commons Library research briefing, 6 December 2017
Looks at delegated power to ensure retained EU law functions effectively after Brexit, set out in clause 7 of the EU withdrawal bill

EU (Withdrawal) Bill: Financial provision and fees and charges
Commons Library research briefing, 1 December 2017
Discusses spending and powers to impose charges for new functions, set out in clause 12 and Schedule 4 of the EU withdrawal bill

The European Union (Withdrawal) Bill: Devolution
Commons Library research briefing, 24 November 2017
Examines the provisions of the EU withdrawal bill concerning devolution, including legislative and executive competence

Withdrawal Bill: Charter, general principles and Francovich damages
Commons Library research briefing, 17 November 2017
Addresses clauses 5(4) and 5(5) of the EU withdrawal bill, which specify exceptions to the bill's retention and conversion of EU law

The European Union (Withdrawal) Bill: Retained EU law
Commons Library research briefing, 10 November 2017
Looks at clauses 2, 3 and 4 of the EU withdrawal bill, which convert EU law and preserve existing EU-related domestic legislation

The EU (Withdrawal) Bill: Supremacy and the Court of Justice
Commons Library research briefing, 8 November 2017
Addresses clauses 5 and 6 of the EU withdrawal bill, which instruct the courts on the status and interpretation of retained EU law

European Union (Withdrawal) Bill
Commons Library research briefing, 1 September 2017
Examines the provisions of the EU withdrawal bill and their possible impact

Analysis of the EU withdrawal bill

EU (Withdrawal) Bill: Further Government Amendments (PDF 116 KB)
Delegated Powers and Regulatory Reform Committee, 26 April 2018
Analyses some of the additional amendments to the European Union (Withdrawal) Bill tabled by the Government

EU (Withdrawal) Bill: Government Amendments (PDF 128 KB)
Delegated Powers and Regulatory Reform Committee, 23 April 2018
Assesses the amendments tabled by the Government for report stage of the EU withdrawal bill

European Union (Withdrawal) Bill
Delegated Powers and Regulatory Reform Committee, 1 February 2018
Criticises the withdrawal bill for failing to provide sufficient parliamentary scrutiny of the law-making powers it gives to Ministers

European Union (Withdrawal) Bill
Exiting the European Union Committee report, 1 February 2018
Report on the bill's provisions for converting EU law, the implications for devolution settlements and implementing a withdrawal agreement

European Union (Withdrawal) Bill
Delegated Powers and Regulatory Reform Committee report, 28 September 2017
Recommends that secondary legislation stemming from the withdrawal bill should be subject to full scrutiny of Parliament

The EU (Withdrawal) Bill: constitutional change and legal continuity
Commons Library Insight, 18 July 2017
Looks at some of the main elements of the EU withdrawal bill, in terms of constitutional change and legal continuity

The Great Repeal Bill
Commons Library Insight, 21 June 2017
Overview of proposed legislation to repeal all EU law on exit day and implement the withdrawal agreement

Legislating for Brexit: the Great Repeal Bill
Commons Library research briefing, 2 May 2017
Examines the three main elements of the Great Repeal Bill and how it might address the status of EU-derived law after Brexit

The 'Great Repeal Bill' and delegated powers
Constitution Committee report, 7 March 2017
Report argues that the Government should not use delegated powers to avoid Parliamentary scrutiny in the forthcoming 'Great Repeal Bill'

Miller and the Great Repeal Bill
Commons Library Insight, 7 December 2016
What are the connections between the Great Repeal Bill and the Miller case in the Supreme Court?

EU (Notification of Withdrawal) Bill: analysis of Lords' amendments
Commons Library research briefing, 10 March 2017
Analyses the Lords' new clauses on EU/EEA citizens in the UK and on a 'meaningful vote' at the end of the negotiations

EU (Notification of Withdrawal) Bill: Briefing for Lords Stages
Lords Library research briefing, 20 February 2017
Provides information on the European Union (Notification of Withdrawal) Bill ahead of its second reading

European Union (Notification of Withdrawal) Bill
Commons Library research briefing, 30 January 2017
What does the bill do, why is it needed and can the Article 50 notice be revoked?

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