Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, whether the fundamental right to health, and the legal obligation to ensure a high level of human protection, as set out in the EU treaties, will be incorporated into UK law as part of the Great Repeal Bill.
Answered by Robin Walker
The EU Right to Healthcare is a principle for the development of EU law. It did not create new rights to health care above and beyond what is already provided under national laws and practices. The UK's commitment to universal healthcare, free at the point of delivery, goes well beyond minimum EU requirements.
The Great Repeal Bill will ensure that there is maximum possible certainty as to the rights and obligations in our law upon leaving the EU. And it will allow for a smooth and orderly exit that provides a secure basis for future changes to our domestic law.
The Bill will ensure that, wherever possible, the same rules and laws apply on the day after we leave the EU as they did before. This means that the Bill will convert directly-applicable EU law into UK law; it will preserve all the laws we have made in the UK to implement our EU obligations, as well as the rights in the EU treaties that can be relied on directly in court by an individual.
Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to his letter of 29 March 2017 to the European Council President, if he will define the term (a) practical and (b) appropriate as used in the section on the process in the UK.
Answered by Robin Walker
The main focus of the Great Repeal Bill will be to provide stability, certainty and continuity whilst ensuring that future changes to the UK law will be the matter of the UK and devolved parliaments. As set out in the 'Legislating for the United Kingdom's withdrawal from the European Union' White Paper there are a variety of reasons why conversion alone may not be sufficient in particular cases. For example, there will be gaps where some areas of converted law will be entirely unable to operate because we are no longer a member of the EU. There will also be cases where EU law will cease to operate as intended or will be redundant once we leave.
This approach to converting EU derived law will provide a functioning statute book on the day we leave the EU, and ensure that it is for our sovereign Parliament (and where appropriate the devolved administrations) to make any future changes.
Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to page 32, paragraphs A.8 and A.9 of Annex A of the White Paper, Legislating for the United Kingdom's withdrawal from the European Union, which general principles of EU law will continue to apply to the UK in any future relationships with the EU.
Answered by Robin Walker
The Government’s approach is that the Great Repeal Bill will convert current EU law into domestic law wherever practicable, ensuring a functioning statute book on exit. It is essential that there is a common understanding of what the law means. The Government believes that this is best achieved by providing for continuity in how that law is interpreted before and after exit day. That includes interpretation in light of the general principles of EU law, such as fundamental rights, proportionality and legal certainty.
After we leave the EU, Parliament will be free to change the law where it decides it is right to do so. The terms of the UK’s future relationship with the EU will be a matter for negotiations.