Brexit: Government suffers defeats over Retained EU Law Bill – BBC News
‘The government has suffered defeats in the House of Lords over plans to scrap certain EU laws by the end of the year.’
BBC News, 15th May 2023
Source: www.bbc.co.uk
Category: repeals
Navigating the Reservoir of Retained EU Law after Brexit – Law Pod UK
‘This week the UK Government announced an important change to its Retained EU Law Bill, which has been going through Parliament. Now 600 EU-era laws are set be repealed by the end of 2023 – fewer than the whole “reservoir” of 1000+ initially targeted.’
Law Pod UK, 12th May 2023
Source: audioboom.com
Rishi Sunak urged to scrap ‘undemocratic’ proposals to axe 2,400 laws – The Guardian
‘Employers, trade unions, lawyers and environmentalists are calling on Rishi Sunak to scrap Jacob Rees-Mogg’s legislation that would sweep away 2,400 laws derived from the EU.’
The Guardian, 24th October 2022
Source: www.theguardian.com
Human Rights Act reform – House of Commons
‘During Boris Johnson’s premiership the Government published a Bill of Rights Bill which would repeal the Human Rights Act 1998 and replace it with a new framework to implement the European Convention on Human Rights. The Bill has not yet had its second reading and its fate is now unclear.’
House of Commons, 19th October 2022
Source: commonslibrary.parliament.uk
Government Looks To Re-Criminalise Rough Sleeping In Levelling Up Bill – Each Other
‘The government has proposed replacing previously repealed legislation that makes begging and rough sleeping a criminal offence. The move comes after parliament scrapped the Vagrancy Act, a 200-year-old law that criminalised sleeping rough and begging in England and Wales. The Act was repealed through an amendment to the Police, Crime, Sentencing and Courts Act (PCSCA) in April.’
Each Other, 7th July 2022
Source: eachother.org.uk
Section 40: government to repeal controversial media law – The Guardian
‘A controversial law that could force publishers to pay the costs of the people who sue them, even if they win, is to be repealed, the government has announced.’
The Guardian, 10th May 2022
Source: www.theguardian.com
What Is The Human Rights Act And Why Is Theresa May ‘Considering Scrapping’ It? – Rights Info
‘The Human Rights Act preserves all of our fundamental human rights, from the right to life to the right to privacy and the right to free speech. It is the catch-all law that states our most basic rights so all of us can fight against discrimination and injustice.’
Rights Info, 22nd January 2019
Source: rightsinfo.org
The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – Blackstone Chambers
‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. It will become familiar in just the same way as did the European Communities Act 1972 (“ECA 1972”) before it (which the Act will repeal). This article seeks briefly to summarise the purpose and architecture of the Act; to identify some key themes of change; and to outline ten key implications for UK law and lawyers. It then concludes with a brief observation about transitional arrangements and thereafter.’
Blackstone Chambers, 19th July 2018
Source: www.blackstonechambers.com
140-year-old law preventing river fishing during spring likely to be scrapped following Government review – Daily Telegraph
‘140-year-old law that prevents river fishing for three months a year could be scrapped following a Government review.’
Daily Telegraph, 6th March 2018
Source: www.telegraph.co.uk
The Great Repeal Bill: What will happen to accrued rights to claim Francovich damages? – Blackstone Chambers
‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’
Blackstone Chambers, 3rd October 2017
Source: www.blackstonechambers.com
Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity – UK Constitutional Law Association
‘Nine months after Theresa May first announced that there would be a ‘Great Repeal Bill’, and three and a half months after triggering Article 50, the European Union (Withdrawal) Bill (EUW Bill) was published on 13 July 2017. The Bill is a complex mixture of constitutional change and legal continuity. This post highlights some of its main elements.’
UK Constitutional Law Association, 18th July 2017
Source: ukconstitutionallaw.org
UK government publishes ‘repeal bill’ ahead of Brexit – OUT-LAW.com
‘The UK government has published draft new legislation which is designed to transfer existing EU legislation to the UK statute book and give ongoing recognition to EU case law established before the UK leaves the EU.’
OUT-LAW.com, 13th July 2017
Source: www.out-law.com
John Lyon’s Charity v London Sephardi Trust [2017] EWCA Civ 846 (CA) – Tanfield Chambers
‘On 29 June 2017 the Court of Appeal gave judgment on an interesting question of statutory construction concerning the valuation provisions in section 9 of the Leasehold Reform Act 1967 (“LRA67”) and the Interpretation Act 1978 (“the Interpretation Act”).’
Tanfield Chambers, 29th June 2017
Source: www.tanfieldchambers.co.uk
Fox hunting ban to stay in place for at least another two years, Government says – Daily Telegraph
‘Theresa May has ruled out trying to lift the ban on fox hunting ban for another two years, despite saying she wanted to repeal it during the election campaign.’
Daily Telegraph, 4th July 2017
Source: www.telegraph.co.uk
Brexit: 2018 Queen’s Speech cancelled by government – BBC News
‘There will be no Queen’s Speech next year to give MPs more time to deal with Brexit laws, the government says.’
BBC News, 18th June 2017
Source: www.bbc.co.uk
Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1) – UK Constitutional Law Association
‘In the light of widespread dissatisfaction with the Fixed-term Parliaments Act 2011 (‘FTPA’), the Conservative party manifesto states, at page 43, “We will repeal the Fixed-term Parliaments Act”. This post explores the constitutional implications if, as seems likely, the Conservative Government continues to command a majority in the House of Commons after the election and seeks to convince Parliament to repeal the Act.’
UK Constitutional Law Association, 24th May 2017
Source: www.ukconstitutionallaw.org
BREXIT: UK government seeking time limited power to ‘correct’ post-Brexit statute book – OUT-LAW.com
‘The UK government is seeking a time-limited power to “correct the statute book” by way of secondary legislation ahead of the country’s departure from the European Union.’
OUT-LAW.com, 30th March 2017
Source: www.out-law.com
Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association
‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’
UK Constitutional Law Association, 28th March 2017
Source: www.ukconstitutionallaw.org
Mark Elliott and Stephen Tierney: The ‘Great Repeal Bill’ and Delegated Powers – UK Constitutional Law Association
‘A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were on the courts, with the Supreme Court holding in R (Miller) v Secretary of State for the European Union [2017] UKSC 5 that the Article 50 mechanism can be activated only with Parliament’s legislative blessing. As a result of that landmark judgment, attention has now switched to Parliament, through which the European Union (Notification of Withdrawal) Bill is presently passing.’
UK Constitutional Law Association, 7th March 2017
Source: www.ukconstitutionallaw.org
