Explanatory Notes

Clause 29: Review of EU legislation during implementation period

314 This clause will be insert a new section 13A into the EU (Withdrawal) Act 2018. It provides additional parliamentary scrutiny for new EU legislation that is made or may be made during the implementation period.

315 Subsection (2) provides that a Minister must make arrangements for a motion to be debated and voted on within 14 days where a report is published by the European Scrutiny Committee (‘ESC’) which meets certain requirements.

316 Subsection (1) describes these requirements, namely that: it is the view of the ESC that any EU legislation that is made, or may be made, during the implementation period raises a matter of vital national interest to the UK; that the ESC has taken account of appropriate evidence and consulted departmental select committees ; and that the report sets out the wording of a resultant motion to be moved in the House of Commons.

317 For the purposes of this clause, legislation ‘made or which may be made’ during the implementation period is intended to mean legislation that has been entered into the Official Journal of the European Union or which may be entered into the Official Journal of the European Union during the implementation period.

318 Sub-section (3) sets out definitions for terms in this clause.


Prepared 21st October 2019