European Union (Withdrawal Agreement) Act 2020
Act of Parliament | |
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Territorial extent |
Primarily section 1 only: Other provisions
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Dates | |
Commencement | 31 January 2020 |
Other legislation | |
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Relates to | |
Status: Amended | |
History of passage through Parliament | |
Records of Parliamentary debate relating to the statute from Hansard | |
Text of statute as originally enacted | |
Revised text of statute as amended |
Part of a series of articles on | |
Brexit | |
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Withdrawal of the United Kingdom from the European Union Glossary of terms | |
Jul 2018 | |
Withdrawal agreement plan presented | July 2018 |
Withdrawal agreement released | Nov 2018 |
Scottish Continuity Bill blocked | Dec 2018 |
Meaningful votes | Jan–Mar 2019 |
Brexit delayed until 12 April | Mar 2019 |
Cooper–Letwin Act passed | Apr 2019 |
Brexit delayed until 31 October | Apr 2019 |
European Parliament election | May 2019 |
Theresa May resigns as PM | Jul 2019 |
Boris Johnson becomes PM | Jul 2019 |
Prorogation and annulment | Aug–Sep 2019 |
Benn Act passed | Sep 2019 |
Withdrawal agreement revised | Oct 2019 |
Brexit delayed until 31 January | Oct 2019 |
2019 general election | Dec 2019 |
Agreement Act passed | Jan 2020 |
UK leaves the European Union | Jan 2020 |
Implementation period begins | Jan 2020 |
UK–EU trade deal agreed | Dec 2020 |
Future Relationship Act passed | Dec 2020 |
Scottish Continuity Act passed | Dec 2020 |
Implementation period ends | Dec 2020 |
New EU–UK relationship begins | Jan 2021 |
UK–EU trade deal ratified | Apr 2021 |
Windsor Framework released | Feb 2023 |
Windsor framework adopted | Mar 2023 |
This article is part of a series on |
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The European Union (Withdrawal Agreement) Act 2020 (c. 1) is an
On 24 July 2018 the Government produced a white paper on the proposed bill and how the legislation would work.[2] The bill was first introduced[3] by the government in the second session of the 57th Parliament on 21 October 2019 with the long title "A Bill to Implement, and make other provision in connection with, the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU".[4] This bill was not further debated after the second reading in the Commons on 22 October 2019 and lapsed on 6 November when parliament was dissolved in preparation for the 2019 general election.
The bill was reintroduced immediately following the general election and was the first bill to be put before the House of Commons in the first session of the 58th Parliament,[5] with changes from the previous bill, by the re-elected government and, in an unusual procedure, received its first reading before the debate on the Queen's Speech began. The second reading took place on 20 December, and the third on 9 January 2020.
This act was given royal assent on 23 January 2020, nine days before the UK left the European Union.
Provisions
The Act provides for the following:
- Provides (introducing a saving) that most provisions (certain provisions which were not repealed with immediate effect) of the 1972 European Communities Act will remain in full legal force and effect, as if they were not yet and never repealed, during an implementation period to last until (by default) 31 December 2020, notwithstanding the repeal of the whole act by the automatic operation of Section 1 (came into force on 17 August 2019) of the European Union (Withdrawal) Act 2018 on 31 January 2020 at 11:00pm.[6]
- Enshrines the Withdrawal Agreement between the UK and the EU in domestic law including any financial settlement and agreement on citizens' rights.[1]
- Makes provisions for changes to EU law to be legally binding in the UK during the implementation period (after the UK has left the EU).
- Makes provisions for Parliamentary scrutiny and oversight of the process by European Union (Withdrawal) Bill.
- Section 38(1) expressly recognises that the Parliament of the United Kingdom is sovereign, though the effect of this section is debated.[7]
Legislative history
On 13 November 2017, the
Described by
The bill was introduced to Parliament for the first time on 21 October 2019, but lapsed on 6 November with the dissolution of Parliament in preparation for the December 2019 general election.
Following the attainment of a Conservative majority at the election, the bill was revised and reintroduced on 19 December, passing its second reading the following day. The December revision of the bill removed the provisions made in previous versions for parliamentary scrutiny of Brexit negotiations.[11]
The Withdrawal Agreement Bill passed its third and final reading in the House of Commons on 9 January 2020, with 330 in favour to 231 against.[12]
On 21 January 2020, the House of Lords passed the bill after approving five amendments to it. However, these amendments were overturned by the House of Commons on the following day.[13][14]
On 22 January 2020, the bill was passed by the House of Lords without further modifications. It received
See also
- Brexit
- Brexit negotiations in 2019
- Trade negotiation between the UK and the EU (post-Brexit negotiations in 2020)
- European Union (Withdrawal) Act 2018
- European Union (Withdrawal) Act 2019 – European Union (Withdrawal) (No. 2) Act 2019
- Acts of Parliament of the United Kingdom relating to the European Communities and the European Union
- European Union (Future Relationship) Act 2020
- Enabling act
References
- ^ a b "New Bill to implement Withdrawal Agreement". Government of the United Kingdom. 13 November 2017.
- ^ "Legislating for the Withdrawal Agreement between the United Kingdom and the European Union". Government of the United Kingdom. 24 July 2018.
- ^ "European Union (Withdrawal Agreement) Bill 2019 — UK Parliament". services.parliament.uk.
- ^ "Government website 21 October 2019" (PDF).
- ^ "European Union (Withdrawal Agreement) Bill 2019-20 — UK Parliament". services.parliament.uk.
- ^ European Union (Withdrawal) Act 2018 as amended by EU (W) A 2020[1]
- ^ Jones, Carwyn (18 January 2021). "Is Dicey dicey?". UK Constitutional Law Association. Retrieved 12 March 2021.
- Herald Scotland. 13 November 2017.
- ^ "MPs to get vote on new Brexit bill as Government caves in to Tory rebels". The Independent. 13 November 2017.
- ^ "New bill will give parliament the full chance to do its job". The Times. 14 November 2017.
- ^ Sandford, Alasdair (20 December 2019). "What has changed with Boris Johnson's new Brexit bill?". Euronews. Retrieved 27 December 2019.
- ^ "Brexit: MPs give final backing to Withdrawal Agreement Bill". 9 January 2020. Retrieved 19 January 2020.
- ^ "Lords send amended Brexit bill back to MPs". BBC News. 21 January 2020. Retrieved 23 January 2020.
- ISSN 0261-3077. Retrieved 23 January 2020.
- ^ "Brexit bill clears final parliamentary hurdle". BBC News. 22 January 2020. Retrieved 23 January 2020.
- ^ "Brexit bill receives Royal Assent". BBC News. 23 January 2020. Retrieved 23 January 2020.
External links
- The European Union (Withdrawal Agreement) Act 2020: legislation.gov.uk
- European Union (Withdrawal Agreement) Bill 2019-20: Progress
- Legislating for the Withdrawal Agreement between the United Kingdom and the European Union 24 July 2018
- European Union (Withdrawal) Act 2018 Bills and legislation, parliament.uk
- Explanatory Notes, 13 July 2017, published with the European Union (Withdrawal) Bill
- House of Lords Select Committee on the Constitution – European Union (Withdrawal) Bill: interim report (published 7 September 2017)
- House of Lords Select Committee on the Constitution – European Union (Withdrawal Agreement) Bill: interim report (published 5 November 2019)
- Legislating for the United Kingdom’s withdrawal from the European Union (The Great Repeal Bill White Paper), 30 March 2017 (Accessible web version) (Print version)
- Briefing paper, House of Commons Library, 1 September 2017
- UK Government – "Plan for Britain" website
- The Withdrawal Agreement Act - a commentary: thomashobbes.co.uk