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Explainer

Brexit legislation: domestic framework bills

In the recent Queen’s Speech, the government has presented plans to lay seven Brexit-focused bills before Parliament.

In the Queen’s Speech on 19 December, the government presented plans to lay nine Brexit-focused bills before parliament.   

Withdrawal Agreement Act

The Withdrawal Agreement Bill was the key Brexit bill to facilitate leaving the EU with a deal – the government could not ratify the Withdrawal Agreement until the bill was passed. It is needed to implement the Withdrawal Agreement in domestic law, including providing for the transition period; protect the rights of EU, EEA and EFTA citizens in the UK; establishing the Independent Monitoring Authority to protect citizens’ rights and set out the process for the commencement of the Northern Ireland protocol.  

The bill changed since it was presented to the Commons in the last parliament, most notably removing the requirement for parliament to vote to implement the future relationship treaty, scrapping commitments over workers’ rights and enshrining the non-extended transition date in law. 

The bill received Royal Assent and became law on 23 January 2020.

Trade Bill 

The Trade Bill has three main objectives:

First, to allow the UK to be a member of the agreement on government procurement (GPA), a World Trade Organization (WTO) arrangement which the UK is party to via the EU.

Second, to establish a UK-only Trade Remedy Authority (TRA), which would combat price manipulation in global trade.

Third, to implement the EU trade deals which the UK is currently ‘rolling over’. During transition, the UK continues to be represented by the EU at the WTO and does not have an independent trade policy. The EU said it would ask third countries to continue to treat the UK as a member state to ensure trade deal continuity, so the bill is not needed until the end of transition. 

Immigration and Social Security Coordination (EU Withdrawal) Bill

The bill’s purpose is to repeal freedom of movement for EU and EEA nationals; protect the rights of Irish citizens post-freedom of movement; and give power to amend EU social security co-ordination legislation. 

The bill is needed for the end of transition to fulfil the government’s policy of ending freedom of movement. During the transition period, freedom of movement will continue. 

Agriculture Bill 

This bill sets out a framework for the UK to leave the EU’s Common Agricultural Policy (CAP) and a new payment system of ‘public money for public goods’ in England. This rewards land owners for services such as public access and environmental protection. 

There will be a seven-year transition to the new system, starting in 2021. 

The bill gives powers to  Northern Irish ministers to make payments in devolved areas and develop a new system of agricultural support – but the Scottish and Welsh governments have decided to pass their own agriculture bills. 

It appears that the bill is similar to the Agriculture Bill presented under Theresa May, but features a greater emphasis on animal rights and the removal of any mention of producer organisations or World Trade Organization rules. The previous Agriculture Bill also extended powers to Welsh ministers

Under the terms of the Withdrawal Agreement, the UK would remain part of the CAP until the end of transition – although the EU regulation which allows the UK government to make payments to farmers will no longer apply in 2020. The government will need to ensure it has those powers in order to continue paying subsidies. 

The permanent secretary for the Department for the Environment, Food and Rural Affairs has said the bill would need to be passed by summer 2020 to give the UK sufficient time to set up a replacement payments system.  

Environment Bill 

The Environment Bill will set up the Office of Environmental Protection (OEP) – a response to concerns about a ‘governance gap’ in environmental law once the UK leaves European institutions. 

Other areas of the bill, such biodiversity and reducing pollution, are not Brexit-focused. 

The UK will continue under the oversight of the European Commission and the European Court of Justice during transition period, so the OEP will not be needed until January 2021. 

The bill is broadly similar to the 2019 Environment Bill, with some additional requirements on the government to publish environmental impact reports on new environmental primary legislation and reports on global environmental legislation every two years.

Fisheries Bill 

The bill establishes a framework for the creation of a UK-wide fisheries policy, as an alternative to the Common Fisheries Policy (CFP). This would enable the UK to operate as an independent coastal state, in which it has control over its waters with no automatic access for foreign fishing vessels. 

As fisheries is a devolved matter, the bill provides for the secretary of state and the devolved administrations to produce a joint statement setting out how their fisheries policies achieve sustainability objectives set out by the bill. 

The bill has been updated in the new parliament. It now focuses on a single set of UK-wide fisheries objectives, further climate change provisions, legally binding commitments on sustainability and further grant-making powers. The newly increased powers to UK agencies are reflected in powers for Scotland and Wales. Northern Ireland already has these powers. 

The bill is needed at the end of transition if the UK secures a deal. As part of the Withdrawal Agreement, the UK would remain part of the CFP until the end of transition, at which time the UK would need to implement its own policy. 

Extradition (Provisional Arrest) Bill 

After the UK leaves the EU, the UK will no longer have full access to the European Arrest Warrant (EAW) which allows police officers to arrest individuals wanted by authorities in the other 27 EU member states. This bill intends to address this capability gap by allowing police officers to arrest individuals subject to an Interpol (the international policing organisation) red notice issued by a ‘trusted’ country – an arrangement which EU27 authorities will have to use in place of EAWs to apprehend individuals they believe to be in the UK. 

A separate arrest warrant – issued by a UK judge – is required for cases not under the jurisdiction of the European Arrest Warrant. 

The European Arrest Warrant will largely continue to function – with some specific changes – during the transition period. This means that the change to Interpol red notices is not as urgent. The UK’s long-term access to the European Arrest Warrant is one of the key issues that will need to be negotiated in the future relationship. 

Financial Services legislation 

A Financial Services Bill was presented in the October Queen’s Speech, the stated aim of which was to streamline financial investment into the UK, give Gibraltar access to the UK financial market and implement the Basel financial standards – a set of rules that require banks to hold certain levels of capital and liquid assets. 

It appears that the substance of the legislation in the December Queen’s Speech is the same, but has not been given the title of a bill. This indicates that the government might put forward several pieces of primary legislation or use statutory instruments. 

The bill would therefore be required at the end of transition for matters of financial standards and Gibraltar. 

Private International Law (Implementation of Agreements) Bill 

The bill will implement three key international conventions into UK domestic law: the 1996, 2005 and 2007 Hague Conventions, which the UK has been party to by virtue of its EU membership. It will also give the government power to implement further international legal agreements in UK law. 

The 1996 Hague Convention allows cross-border co-operation on cases involving children and parental responsibility. The 2005 Hague Convention clarifies global contract law. The 2007 Hague Convention allows for cross-border enforcement of family maintenance decisions, such as child maintenance. 

For the purposes of the Hague Conventions, the UK will be treated as an EU member until the end of the transition. Therefore, the bill would not be needed until the end of the transition period. 

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