Explanatory Notes

Clause 29: Review of EU legislation during implementation period

305 This clause will 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.

306 Subsection (1) describes the requirements that a report must meet to trigger the procedure in subsection (2). The requirements are 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.

307 Subsection (2) provides that a Minister must make arrangements for a motion to be debated and voted on within 14 sitting days in the House of Commons where a report is published by the European Scrutiny Committee (‘ESC’) which meets the requirements set out in subsection (1).

308 Subsection (3) describes the requirements that a report must meet to trigger the procedure in subsection (4), namely that it is the view of the House of Lords EU Select Committee (EUC) 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 EUC has taken such evidence that it considers appropriate as to the effect of the EU legislation; and that the report sets out the wording of a resultant motion to be moved in the House of Lords.

309 Subsection (4) provides that a Minister of the Crown must make arrangements for a motion to be debated and voted on within 14 sitting days in the House of Lords where a report is published by the House of Lords EU Select Committee (EUC) which meets the requirements set out in subsection (3).

310 Sub-section (5) sets out definitions for terms in this clause.

 

Prepared 19th December 2019