New NI Protocol (October 2019)

PROTOCOL ON IRELAND/NORTHERN IRELAND Replacement of  NI Protocol Revised texts agreed at negotiators’ level for: – The Protocol on Ireland/Northern Ireland included in the Withdrawal Agreement and the consequential technical adaptations to Article 184 “Negotiations on the future relationship” and Article 185 “Entry into force and application” of the Agreement on the withdrawal of the […]

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NI Protocol General Provisions

PROTOCOL ON IRELAND/NORTHERN IRELAND Replacement of  NI Protocol Revised texts agreed at negotiators’ level for: – The Protocol on Ireland/Northern Ireland included in the Withdrawal Agreement and the consequential technical adaptations to Article 184 “Negotiations on the future relationship” and Article 185 “Entry into force and application” of the Agreement on the withdrawal of the […]

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Commons Paper WAB NI Protocol

Withdrawal Agreement Bill: The Protocol on Ireland/Northern Ireland Published Wednesday, October 23, 2019 What does the Withdrawal Agreement Bill say about what will happen to Northern Ireland post-Brexit? How will it translate into UK law the Protocol on Ireland/Northern Ireland in the Withdrawal Agreement that replaced the ‘backstop’? Jump to full report >> Northern Ireland […]

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Commons Paper WAB Devolution Issues

Withdrawal Agreement Bill: Implications for devolved institutions  October 23, 2019 David Torrance The European Union (Withdrawal Agreement) Bill (WAB) amends the European Union (Withdrawal) Act 2018 so that provisions of the Withdrawal Agreement apply directly in domestic law. It therefore also has implications for the Scottish Parliament, National Assembly for Wales and the Northern Ireland Assembly. This Insight looks at how the WAB: alters the devolution statutes gives rise to the need for legislative consent from the Scottish Parliament […]

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Commons Paper WAB Financial Settlement

Withdrawal Agreement Bill: The financial settlement  October 22, 2019 Matt Keep The Withdrawal Agreement sets out how the UK and EU will settle their outstanding financial commitments to each other, which arise out of the UK’s participation in the EU budget as a Member State and broader aspects of its EU membership. The financial settlement is currently estimated at a […]

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Commons Paper WAB Workers’ Rights

Withdrawal Agreement Bill: Protection for workers’ rights  October 22, 2019 Daniel Ferguson The European Union (Withdrawal Agreement) Bill 2019-20 (the ‘WAB’) was published on 21 October 2019. Clause 34 and Schedule 4 of the Bill set out “protections for workers’ rights”. The clauses are largely identical to draft clauses published by the May Government in March 2019. This […]

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Commons Paper WAB Citizens’ Rights

Withdrawal Agreement Bill: Citizens’ rights  October 22, 2019 Melanie Gower, Steven Kennedy Part 3 of the European Union (Withdrawal Agreement) Bill (the ‘WAB’) gives effect in UK law to the provisions for protecting citizens’ rights in the Withdrawal Agreement (WA), and the similar Separation Agreements with Switzerland and with the EEA EFTA states – Iceland, Liechtenstein and Norway. (In this Insight, […]

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Commons Paper WAB Parliament & New EU Relationship

Withdrawal Agreement Bill: Parliament’s role in the future UK-EU relationship  October 22, 2019 Graeme Cowie The EU (Withdrawal Agreement) Bill (the ‘WAB’) does not just deal with the ratification and implementation of the negotiated Withdrawal Agreement between the UK Government and the European Union. It also makes arrangements for what Parliament’s role should be in the next stage […]

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Commons Paper WAB Transition Period

Withdrawal Agreement Bill: Implementing the transition period  October 22, 2019 Graeme Cowie A core part of the Withdrawal Agreement is that there shall be a “transition or implementation period” under Article 126. This period begins when the UK leaves the EU and ends, by default on 31 December 2020. However the UK and EU can jointly agree, […]

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Common Paper WAB Ratification

Withdrawal Agreement Bill: Ratifying the Withdrawal Agreement  October 22, 2019 Graeme Cowie The UK Government and the European Union reached agreement on a revised Withdrawal Agreement (a draft treaty text) and Framework for the Future Relationship (a joint political declaration, but not itself a treaty) on Thursday 17 October 2019. However, this was not the end of the approval process: […]

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Commons Paper WAB General Provisions

Withdrawal Agreement Bill: Sovereignty, special status and the Withdrawal Agreement  October 22, 2019 Graeme Cowie For much of the UK’s time as an EU Member State, the legal relationship between EU law and domestic law has been a controversial one. For many, it represents a constraint (in practice if not strictly in law) on the constitutional principle that the Crown-in-Parliament is sovereign. Against that […]

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Withdrawal Agreement Delegated Powers Implementation

Clause  1:  saving  for  the  implementation  period:  the  power  to  exclude   international  agreements  from  the  definition  of  EU  treaties Power  conferred  on:  A  Minister  of  the  Crown Power  exercised  by:  Regulations  made  by  Statutory  Instrument Henry  VIII  power:  No Parliamentary  Procedure:  Draft  affirmative  procedure  for  the  power  to  exclude  international   agreements  from  the […]

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Withdrawal Agreement Delegated Powers NI

Clause  21:  main  power  in  connection  with  Ireland/Northern  Ireland   Protocol Power  conferred  on:  A  Minister  of  the  Crown Power  exercised  by:  Regulations  made  by  Statutory  Instrument Henry  VIII  power:  Yes  (main  power);  No  (definitional  power) Parliamentary  Procedure:  Draft  affirmative  procedure  where  a  statutory  instrument  under   new  section  8C(1)  of  the  EU  (Withdrawal)  Act […]

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Withdrawal Agreement Delegated Powers re Citizens

1.Powers  relating  to  citizens’  rights Clause  7(1)(a)  to  (g):  powers  to  make  regulations  providing  for  the   deadline  for  applications  and  temporary  protections  in  respect  of  the   EU  Settlement  Scheme Power  conferred  on:  A  Minister  of  the  Crown   Power  exercised  by:  Regulations  made  by  Statutory  Instrument   Henry  VIII  power:  Yes   Parliamentary […]

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Withdrawal Agreement Bill Policy and Context

Policy background 4 On 23 June 2016, a referendum was held in the UK and Gibraltar on whether the UK should remain a member of the EU. More than 33.5m people, some 72 per cent of registered voters, voted in the referendum and 52 per cent of those who voted, voted to leave the EU. […]

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Withdrawal Agreement Bill Some General Issues

Citizens’ rights 36 The Bill gives effect to the Withdrawal Agreement so that it applies directly in the UK, underpinning the rights contained within Part 2 of the Withdrawal Agreement in domestic law and providing a means of redress where these rights are not properly implemented, or where other legislation is inconsistent with the Withdrawal […]

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Withdrawal Agreement Bill Transition Period

Clause 1: Saving for the implementation period 85 This clause inserts a new section 1A into the EU (Withdrawal) Act 2018. New section 1A saves and amends the ECA for the purpose of giving effect to Part 4 of the Withdrawal Agreement. Until ‘exit day’, the ECA’s purpose is to implement EU law as required […]

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Withdrawal Agreement Bill Implementation

Clause 5: General implementation of remainder of Withdrawal Agreement 118 This clause gives effect to Article 4 of the Withdrawal Agreement, on the methods and principles relating to the effect, the implementation, and the application of the Withdrawal Agreement. 119 Article 4 of the Withdrawal Agreement provides for: a. individuals and businesses to be able […]

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Withdrawal Agreement Bill Northern Ireland

Northern Ireland 53The Protocol on Ireland/Northern Ireland in the Withdrawal Agreement provides arrangements that ensure that the UK (including Northern Ireland) does not remain in a customs union with the European Union. The Protocol also makes arrangements seeking to ensure that there are no checks and controls conducted at or near the border between Northern […]

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Withdrawal Agreement Bill People Issues

Clause 7: Rights related to residence: application deadline and temporary protection 137 This clause provides Ministers of the Crown with a power to make regulations implementing the provisions in the Agreements which enable the UK to require individuals within scope of the Agreements or within scope of residence scheme immigration rules (the protected cohort) to […]

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Withdrawal Agreement Bill Disentangling EU Law

Clause 18: Main power in connection with other separation issues 232This clause, inserted as new section 8B of the EU (Withdrawal) Act 2018, provides Ministers of the Crown with a power to implement the Other Separation Issues, which form Part 3 of the Withdrawal Agreement and Part 3 of the EEA EFTA Separation Agreement. Ministers […]

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UK Guidance Protocol and Declaration Oct 2019

EXPLAINER FOR THE NEW IRELAND/NORTHERN IRELAND PROTOCOL AND THE POLITICAL DECLARATION ON THE FUTURE RELATIONSHIP 18 October 2019 Summary 1. The United Kingdom and the European Union have reached political agreement on a new Withdrawal Agreement and Political Declaration on the framework for the future relationship. This publication explains the changes to these documents in relation to those which were […]

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EU Customs and Trade Rules in NI

Article 4 Customs territory of the United Kingdom Northern Ireland is part of the customs territory of the United Kingdom. Accordingly, nothing in this Protocol shall prevent the United Kingdom from including Northern Ireland in the territorial scope of any agreements it may conclude with third countries, provided that those agreements do not prejudice the […]

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EU Single Market Goods Rules in NI

Article 6 Protection of the UK internal market Nothing in this Protocol shall prevent the United Kingdom from ensuring unfettered market access for goods moving from Northern Ireland to other parts of the United Kingdom’s internal market. Provisions of Union law made applicable by this Protocol which prohibit or restrict the exportation of goods shall […]

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