Great Repeal Bill

Very little time is left for Parliament to scrutinise Brexit statutory instruments

The Hansard Society has been tracking how many of the 800-1000 statutory instruments the government says it needs to deliver Brexit have been laid before Parliament. With only four months to go, only 21% have reached the Houses – leaving MPs and peers with very little time to scrutinise them, writes Joel Blackwell (Hansard Society).

There are just 127 days […]

EU law is not a thing we simply leave behind on Brexit day

The former DExEU minister Steve Baker celebrated the new web archive of EU law to be maintained by the National Archives as Britain becomes a ‘self-governing nation again’. Joelle Grogan (Middlesex University) writes that EU law will continue to play a role in legal decisions, and the changes the government intends to make will not all receive parliamentary scrutiny.
Anyone interested […]

The meaningful vote explained in sticky notes

What does the Commons vote on a meaningful vote mean? Joelle Grogan (Middlesex University, left) and Georgia Price explain.

 

 

This post represents the views of the authors and not those of the Brexit blog, nor the LSE.

Joelle Grogan is a Lecturer in Law at Middlesex University.

 

Are smaller parties denied a voice in Parliament’s Brexit debates?

The EU Withdrawal Bill’s return to the Commons saw SNP MPs protest about their voices having been excluded from the Brexit debate. Louise Thompson (University of Surrey) explains how parliamentary procedures can indeed restrict debate for smaller opposition parties, and considers whether something ought to be done about it.
Following the first session of the EU Withdrawal Bill’s return to the Commons, […]

What are the legal aspects of ‘packing’ the Lords with Brexit-friendly peers?

The recent string of government defeats in the House of Lords over amendments to the European Union (Withdrawal) Bill has reignited the debate over the role of the Lords in a modern democracy. The Daily Mail published a characteristically trenchant headline suggesting that we should “pull the plug” on the “traitors in ermine”. With 12 new peers just announced […]

Brexit is not inevitable. These are the steps Parliament could take to halt it

Brexit is likely but not inevitable, argues Steve Bullock. He sets out the steps Parliament could take to halt the process, providing that – as senior EU figures have signalled – Article 50 can be revoked.

Only nine months ago the government was still talking about no deal being better than a bad deal. MPs were fighting for a meaningful vote […]

The Lords have just raised the bar on the defence of rights and the rule of law in the Brexit process

The success of the Lords’ amendment to the EU (Withdrawal) Bill on Henry VIII powers is very important, writes Joelle Grogan (Middlesex University). It introduces a test of objective necessity that would stop ministers making changes to law at their sole discretion. Whether it will survive the parliamentary ‘ping-pong’ between the two Houses is, however, uncertain.

On 25 April, the […]

Scotland and Wales wait for the Supreme Court referee on Brexit

As the UK government refers the Scottish and Welsh bills to alter inherited EU law to the Supreme Court, Richard Parry (University of Edinburgh) discusses the interacting policies on devolution and Brexit.

As part of their unfolding tactics on Brexit, the Scottish and Welsh governments have through their legislators taken powers to alter inherited EU-based law in devolved areas after Brexit […]

Long read | Brexit and the sovereignty of Parliament: a backbencher’s view

Brexit is a constitutional, legal, and political challenge of a size the UK has not seen in decades and will have consequences that are both uncertain and long-lasting. In this post, Dominic Grieve MP offers his distinctive perspective on Brexit, discussing the concept of parliamentary sovereignty, the role of international courts in UK law, and the more troubling aspects of the Withdrawal […]

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    Brexit is an opportunity for MPs to scrutinise legislation better

Brexit is an opportunity for MPs to scrutinise legislation better

The proposed new sifting committee for Statutory Instruments under the EU (Withdrawal) Bill will not give MPs meaningful and effective oversight of them – unless amendments are made to more effectively hold the government to account, writes Joel Blackwell (Hansard Society).

The EU (Withdrawal) Bill, which returned to the House of Commons for its report stage on 16 January, was successfully amended at committee […]