The Great Repeal Bill

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  • Thousands of EU laws on everything from workers' rights to the environment are to be transferred into UK law as the country gears up for Brexit.

    Brexit Secretary David Davis said the Great Repeal Bill would allow the UK Parliament and Welsh, Scottish and Northern Ireland administrations to scrap, amend and improve laws.

    It would also end the jurisdiction of the European Court of Justice.

    http://www.bbc.co.uk/news/uk-politics-39439554
    =====

    The Great Repeal Bill - the greatest misnomer ever.

    Nothing is bloody repealed. All EU law will be incorporated into ours.

    My grasp of English is rudimentary at best, but even I know the difference between incorporation and repeal.

    Why isn't this called The Great Incorporation Bill?

  • I must admit, I thought that EU laws had already been incorporated into UK law.....however, the Great Repeal bill is to identify all EU legislation such that in the future, i.e post Brexit, individual items of (EU) legislation that are considered undesirable for whatever reason can then be repealed.......hence the use of the word 'repeal' in the title.

  • That's interesting Stevlin. I'll have to check.

    My understanding was that it is to incorporate EU law. As we're already members of the EU and by certain EU treaties, EU law up until now was our law too, but that will change when we leave the EU and the Bill is needed to incorporate all that law into ours.

    Edit: Quick check and it is to incorporate EU law into ours. David Davis is about to start discussing this soon on BBC Parliament/the news channels.

    As far as EU law post Brexit, Stevlin, it won't matter to us. That's why we're leaving the EU, so that their law doesn't apply here post Brexit.

  • Section 2(1) of the European Communities Act 1972 states that: [INDENT]All such rights, powers, liabilities, obligations and restrictions from time to time created or arising under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly; and the expression 'enforceable Community right' and similar expressions shall be read as referring to one to which this subsection applies.

    .......................................................................................................................................................

    The above suggests that when we leave, EU law will still be incorporated in UK legislation.......and will thus apply until such legislation is removed from the UK statutes......thus, EU initiated law will indeed still apply when we leave the UK........and will continue to apply until repealed.[/INDENT]

  • Section 2(1) of the European Communities Act 1972 states that: [INDENT]All such rights, powers, liabilities, obligations and restrictions from time to time created or arising under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly; and the expression 'enforceable Community right' and similar expressions shall be read as referring to one to which this subsection applies.

    .................................................. .................................................. .................................................. .

    The above suggests that when we leave, EU law will still be incorporated in UK legislation.......and will thus apply until such legislation is removed from the UK statutes......thus, EU initiated law will indeed still apply when we leave the UK........and will continue to apply until repealed.[/INDENT]

    No, that 1972 Act in itself, is getting repealed Stevlin. That's the whole point of Brexit, so we are no longer subject to EU law post Brexit. It will get repealed as part of the Great Repeal Act.

    You may recall that the Supreme Court case rested on this act, because the remainers were arguing that once Article 50 is triggered, the 1972 Act would be repealed, thus removing all the rights and responsibilities of European law that is "bestowed" upon us.

  • I must admit, I thought that EU laws had already been incorporated into UK law.....however, the Great Repeal bill is to identify all EU legislation such that in the future, i.e post Brexit, individual items of (EU) legislation that are considered undesirable for whatever reason can then be repealed.......hence the use of the word 'repeal' in the title.

    Coming back to this Stevlin, after my last response to you, this "Repeal" bill actually does several things:

    It does repeal the UK European Acts including the 1972 Act.
    It incorporates The European Court of Justice rulings into UK law. Up until now, the European Court was able to pass law over us because our parliament enacted that right into UK law. That right will now get withdrawn and so all European directives/case law etc will get incorporated into our law.
    All UK Acts that incorporate elements of European law will be amended to reflect that EU law will no longer be applied to us.

    It's basically the most complex thing ever and you can bet lawyers will have a field day with this lot and make them richer than ever!

  • The way I understand it is that since it would be impossible to repeal the thousands of bit of EU legislation that are now part of our laws, incorporating them all into our law for now and then either repealing each one as and when it becomes necessary and leaving the ones we approve of on the statute book is the only way to do it, as in this case........

    "Britain has begun to take back control from Brussels as David Davis announced that the first EU law to be scrapped after Brexit will be a charter that helps criminals avoid deportation."
    Revealing details of the forthcoming Great Repeal Bill, Mr Davis told MPs that the controversial EU Charter of Fundamental Rights will be dropped on the day Britain leaves Europe.

    http://www.telegraph.co.uk/news/2017/03/3…eals-powers-eu/

    We can't actually repeal it now anyway and if we tried to we'd find some numpty only too willing to drag the whole issue through the courts.

    Further down the article that bloody Sturgeon woman is off again ..............

    Meanwhile Nicola Sturgeon, the Scottish First Minister, came up with a new tactic to frustrate Brexit by threatening to veto the Great Repeal Bill in the Scottish Parliament.

  • We can't actually repeal it now anyway and if we tried to we'd find some numpty only too willing to drag the whole issue through the courts.

    When you need a rich remoaner who should pop up but:

    Quote

    CHIEF WREXITEER Gina Miller has threatened to take the Government to court AGAIN – this time over the Great Repeal Bill.

    The Remain-backing campaigner wants to stop Theresa May using so-called ‘Henry VIII powers’ to scrap EU law and replace it with UK legislation.

    It comes after David Davis confirmed the controlling European Court of Justice will have no role in Britain after Brexit.

    Unveiling a Government white paper on the Great Repeal Bill, the Cabinet minister said 1,000 bits of Brussels legislation will automatically convert into British ones on the day we leave.

    He told MPs in the Commons they will also be able to pick and choose which ones we want to keep, and which ones we can throw out, meaning an end to much of the hated EU red tape.

    Source linky

    I wish she'd dry up and blow away.

  • When you need a rich remoaner who should pop up but:


    Source linky

    I wish she'd dry up and blow away.

    :D

    There's something going on with her.... She's getting backing from....

    (I shan't say any more as I'm the owner here and she's highly litigious)

    She may have a point, Government ministers are taking it upon herself to change massive swathes of law, but it is not for her to decide this. As I hinted, there's more going on here. She also said she might go to the Supreme Court at the end of Brexit, if parliament doesn't get a "good enough" say in the final deal.

  • Coming back to this Stevlin, after my last response to you, this "Repeal" bill actually does several things:

    It does repeal the UK European Acts including the 1972 Act.
    It incorporates The European Court of Justice rulings into UK law. Up until now, the European Court was able to pass law over us because our parliament enacted that right into UK law. That right will now get withdrawn and so all European directives/case law etc will get incorporated into our law.
    All UK Acts that incorporate elements of European law will be amended to reflect that EU law will no longer be applied to us.

    It's basically the most complex thing ever and you can bet lawyers will have a field day with this lot and make them richer than ever!

    Indeed - it would appear that by introducing the European 1072 Act, the UK merely accepted primacy of EU law over UK legislation, - however, this appears to be contrary to http://news.bbc.co.uk/1/hi/world/europe/8160808.stm - which states - "Member states are responsible for ensuring that their national legislation is consistent with European law. Where it is not, they must amend existing provisions, and introduce such new law as necessary." This quote from the BBC site was written by a lawyer - and does appear to suggest that national legislation has to be amended in accordance with EU Directives .......and of course your post also references the fact that EU Acts ARE incorporated into UK law............

  • It's a real spaghetti of a mess to untangle. Perhaps that's why Cameron et all, wanted to stay in the EU as they knew it would be very difficult to untangle us from them completely. It will certainly take a lot longer than two years to untangle and amend forty years of law.

  • There's something going on with her.... She's getting backing from....

    (I shan't say any more as I'm the owner here and she's highly litigious)

    Do what the newspapers do. " An unconfirmed but usually reliable source is reported to have said that she is getting backing from ........................... This cannot be confirmed at the moment but ............ had not denied the report at the time of printing." ;)

  • " An unconfirmed but usually reliable source is reported to have said that she is getting backing from RUSSIA (the bastards). This cannot be confirmed at the moment but SHE, not that she'll see this anyway had not denied the report at the time of printing."

    Will that do? :D

  • So, the people who have spent 40 years whining about how the EU is an undemocratic bureaucracy, which has strangled British business and culture with it's unnecessary red tape, now reckon the whole ting can be overturned by a single law, with minimal Parliamentary debate, and all the details to be sorted out by the old boy network in Westminster and Whitehall.

    Do they not see the blindingly obvious contradiction?

  • So, the people who have spent 40 years whining about how the EU is an undemocratic bureaucracy, which has strangled British business and culture with it's unnecessary red tape, now reckon the whole ting can be overturned by a single law, with minimal Parliamentary debate, and all the details to be sorted out by the old boy network in Westminster and Whitehall.

    Do they not see the blindingly obvious contradiction?

    It may be a single Act, but it is an all embracing one, which will enable the UK , post Brexit, to remove those EU laws which the UK Executive/Parliament deem unnecessary or wasteful, piece by piece.

    It is a very sensible approach, and makes the legislative transition process far more efficient.

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