The Powers in the EU (Withdrawal) Bill to make subordinate legislation
The Powers in the EU (Withdrawal) Bill to make subordinate legislation
The Constitutional and Legislative Affairs
Committee* undertook a short inquiry to examine the powers delegated to UK
and Welsh Ministers in the UK Government’s EU
(Withdrawal) Bill in order to make subordinate legislation.
Terms of reference
(i)
to consider the
appropriateness of:
-
the scope and nature
of delegated powers provided in the Bill to UK and Welsh Ministers, including
the use of Henry VIII powers;
-
the procedures to
be used to scrutinise delegated legislation under the Bill.
(ii)
to consider the
reports of other parliamentary committees across the UK on the delegated powers
within the Bill;
(iii)
to consider any
other relevant matter relating to the making of subordinate legislation as a
consequence of the Bill.
The Constitutional and Legislative
Affairs Committee and the External
Affairs and Additional Legislation Committee undertook a joint inquiry
on ‘the European Union (Withdrawal) Bill and its implications for Wales’. The
responses we received to the accompanying consultation
and the
positions already taken by the Committee, were used to inform our work. We
also welcomed submissions on the specific issues that are the subject of this inquiry
from people who did not respond to the original consultation exercise or from
those who did respond, but wanted to make additional points in the light of
developments on the Bill or in response to the reports of other parliamentary
committees on this subject.
A list of
parliamentary reports relevant to our inquiry is listed below.
Delegated Powers
and Regulatory Reform Committee - European
Union (Withdrawal) Bill
House of Lords
Select Committee on the Constitution - European
Union (Withdrawal) Bill: interim report
House of European
Union Committee - Brexit:
devolution
House of Lords
Select Committee on the Constitution - The
‘Great Repeal Bill’ and delegated powers
The following
report is also of relevance to our work:
Hansard Society - Taking
Back Control for Brexit and Beyond
Committee report
The Committee
published its report
(PDF, 660KB) in February 2018. The report and government response (PDF,
200KB) was debated in Plenary on
7 March 2018.
Business type: Committee Inquiry
Reason considered: Senedd Business;
Status: Complete
First published: 27/10/2017
Documents
- Report (PDF, 660KB) – 16 February 2018
- Response from the Leader of the House and Chief Whip - 27 March 2018 PDF 225 KB
- Letter from the First Minister - 25 April 2018
- Letter to the First Minister - 17 April 2018
- Paper from Michael Carpenter PDF 109 KB View as HTML (5) 38 KB
- Paper from Professor Thomas Watkin PDF 121 KB View as HTML (6) 30 KB
- Paper from Wales Governance Centre PDF 38 KB View as HTML (7) 15 KB
- Letter from the Leader of the House and Chief Whip - 4 January 2018
- Letter to the Leader of the House and Chief Whip - 14 December 2017 PDF 97 KB
- * Following a resolution in Plenary on 29 January 2020, the Constitutional and Legislative Affairs Committee became the Legislation, Justice and Constitution Committee.
Consultations