Select Committee on the Constitution
Brexit legislation: constitutional issues

Sixth Report of Session 2019-21 - published 9 June 2020 - HL Paper 71


Chapter 1: Introduction

A changed context

Legislating for Brexit

Constitution Committee’s scrutiny of Brexit

European Union (Withdrawal) Act 2018

European Union (Withdrawal Agreement) Act 2020

Other Brexit bills

Delegated Powers and Regulatory Reform Committee

Table 1: Brexit primary legislation

Chapter 2: Delegated powers


Inappropriate delegations of power

Illustrative provisions and other drafting language

Lack of safeguards

Powers to amend retained EU law outside of EUWA scope and safeguards

Powers for convenience not necessity

Explanatory materials

Chapter 3: Devolution

Lack of legislative consent

Consent to the use of delegated powers

Chapter 4: Impact of retained EU law and case law


Retained EU law

Departures from CJEU case law

Future relationship agreement

Appendix 1: List of Members and declarations of interest

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