Select Committee on the Constitution
European Union (Withdrawal) Bill

9th Report of Session 2017-19 - published 29 January 2018 - HL Paper 69



Chapter 1: Introduction


The Bill

Chapter 2: Repeal of the European Communities Act 1972

Exit day

Chapter 3: Retained EU law


Types of retained EU law

EU-derived domestic legislation

Direct EU legislation

Treaty rights

Chapter 4: Status of retained EU law


Categories of retained EU law

A single legal status for retained direct EU law

The status of retained direct EU law for particular purposes

The Human Rights Act 1998

Delegated powers

Clause 17 and the legal status of retained EU law

Chapter 5: The “supremacy principle”

The meaning and nature of the “supremacy principle”

Clause 5: intended effect

Clause 5: three problems

The scope of the “supremacy principle”

The “supremacy principle” and the common law

A post-exit “supremacy principle”: conceptual flaws

An alternative approach

The “supremacy principle” and changes to relevant law

Chapter 6: Charter of Fundamental Rights


Rights and principles


Chapter 7: Interpretation of retained EU law

Pre-exit CJEU case law

Post-exit CJEU case law

Modified retained EU law

Pending cases

Transition period

Chapter 8: Delegated powers


Clause 7



Policy versus technical changes

Henry VIII powers

Clause 8

Clause 9

Sunset clauses

Clause 17

Chapter 9: Scrutiny of delegated powers


Explanatory memoranda

Parliamentary procedures

Negative procedure

Affirmative procedure

Made affirmative procedure

Additional committee scrutiny

Role of the House of Lords

Chapter 10: Devolution


Clause 10

Clause 11

Constitutional implications

Common frameworks

Inter-governmental relations

Legislative consent and the Sewel convention

Northern Ireland

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest

Appendix 2: List of witnesses

Appendix 3: Call for evidence

Evidence is published online at and available for inspection at the Parliamentary Archives (020 7219 3074).

Q in footnotes refers to a question in oral evidence

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