Explanatory Notes

Clause 31: Repeal of section 13 of the EU (Withdrawal) Act 2018

318 Section 13 of the EU (Withdrawal) Act 2018 sets out the process for ‘Parliamentary approval of the outcome of negotiations with the EU’. It provides that the Withdrawal Agreement may only be ratified if the House of Commons has approved, by resolution, the negotiated Withdrawal Agreement and the framework for the future relationship, a take note motion has been tabled in the House of Lords, so that both documents can be debated, and an Act of Parliament has been passed which contains provision implementing the Agreement.

319 Subsection (1) of clause 31 repeals section 13 of the EU (Withdrawal) Act 2018, to ensure that the Withdrawal Agreement can be ratified in a timely and orderly manner, and to remove provisions that are no longer needed.

320 Further, subsection (2) clarifies that the specific conditions set out in section 13(1)(a) to (d) therefore do not apply before ratification of the Withdrawal Agreement. While the condition in section 1(d) is removed, the Bill still implements the Withdrawal Agreement, as is required for the Withdrawal Agreement to have domestic legal effect. The Bill is also required before the UK Government can ratify the Withdrawal Agreement and then leave the EU.

 

Prepared 19th December 2019