European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

Lord Bhatia Excerpts

Monday 30th November 2020 Grand Committee

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI has been prepared by the Cabinet Office. Its purpose is to ensure that the UK statute book works correctly and effectively following the end of the transition period. The UK left the EU on 21 January 2020, following which the supremacy of EU law over UK law came to an end. The EUWA has achieved this legal severance through the repeal of the ECA on exit day. The withdrawal agreement agreed between the UK and the EU came into force on exit day.

The withdrawal agreement aims to ensure the UK’s orderly withdrawal from the EU. The EUWA has implemented the withdrawal agreement and provides the vehicle for the Government to give effect to the EEA EFTA separation agreement and the Swiss citizens’ rights agreement. The UK and the EU agreed in the withdrawal agreement that the UK’s exit from the EU would be followed by a time-limited transition period. That period started on exit day and ends on 31 December 2020.

Although the ECA was repealed on exit day, certain parts of it are to be kept in force by the EUWA, and EU law continues to apply during the transition period under the terms set out in the withdrawal agreement. This SI makes various consequential amendments and repeals in respect of retained EU law and the relevant separation agreement, laws and other EU-derived domestic legislation. This ensures that the UK statute book will operate effectively and coherently in relation to EU-derived domestic legislation and removes from the statute book domestic legislation that has been made redundant as a result of the EUWA.

Finally, this SI does not apply to activities undertaken by small businesses. Can the Minister give some estimate of the cost of this SI?