Brexit: Warning of ‘constitutional crisis’ over repeal bill

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Theresa May has been put someone on noticed of an «immense constitutional crisis» if she goes ahead with a key Brexit charge without devolved governments’ consent.

Welsh First Minister Carwyn Jones said the reverse bill, to convert current EU laws into UK law, was a «naked power-grab» which he could not fortify.

He has joined forces with SNP leader Nicola Sturgeon to opposed the banknote, which ends the supremacy of EU law.

Downing Street says it is «optimistic» of learning the bill into law.

But the prime minister also faces a battle at Westminster, when MPs discussion it in the autumn, with Labour promising to vote against it in its current coin.

Labour leader Jeremy Corbyn is demanding concessions in six areas, incorporating the incorporation of the European Charter of Fundamental Rights into British law and attest ti workers’ rights will be protected.

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The bill needs to be passed by the time the UK leaves the EU — which is due to happen in Procession 2019 — otherwise the UK will be left with no laws in areas in days covered by EU-derived statutes.

Brexit Secretary David Davis repudiated claims ministers were giving themselves «sweeping powers» to purloin changes to EU laws as they are repatriated — as Labour and the SNP claim — and he is willing to «bring into play function with anyone» to get the repeal bill into law.

He has also claimed that no powers currently wielded by the devolved administrations will be removed, in a bill which he says is by «technical» in nature.


Could Scotland and Wales block repeal pecker?

By Peter Barnes, senior political analyst

Westminster normally solicits the consent of the Scottish Parliament and Welsh Assembly when it passes UK-wide laws that run things devolved issues — as the repeal bill will.

This is what’s recalled as the Sewel Convention — named after Lord Sewel who first set it out when the Scottish Parliament was show.

However, it’s a political convention, not a legally enforceable rule.

That balances true even though it has been given a statutory basis in the Scotland Act 2016 and Wales Act 2017.

The Top Court made this clear in its judgment in the case brought by Gina Millar alongside triggering Article 50.

So it’s not absolutely essential to have Scotland and Wales’s compliance.

But it will be highly contentious if the UK government pushes the bill through against the have a minds of the Scottish and Welsh governments.

Reality Check: Can Scotland and Wales blot out the repeal bill?


But in a joint statement on Thursday, first ministers Nicola Sturgeon and Carwyn Jones said they couldn’t maintenance the bill as it stood, arguing it would return powers solely to the UK regime and Parliament and «impose new restrictions» on the Scottish Parliament and the Welsh Assembly

Act for on Friday, Carwyn Jones said the UK government could not be trusted to preserve its promise to hand powers back to Cardiff and Holyrood after Brexit.

Encouraged whether it was not the case that, legally, the UK government could go ahead with the restaurant check anyway, he told BBC Breakfast. «If they did that…there would be an Cyclopean constitutional crisis because it would go against everything the UK is based on.

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«It would also mean all the data they have used so far are worthless. David Davis and Boris Johnson compel ought to both said the consent of the devolved Parliaments will be needed so their styles are absolutely worthless and they are prepared to override something that has been in make a splash for 18 years.»

But he later struck a more conciliatory tone, striking an assembly committee meeting that Welsh Secretary Alun Cairns had asseverated him that they would work together «to make the situation all right» and it was possible to «retrieve» matters.

Mr Cairns said he was taken aback by the commentary as the Welsh government had been involved in drafting the repeal bill.

A Downing Byway someones cup of tea spokesman said First Secretary of State Damian Green had touched the devolved administrations in Scotland, Wales and Northern Ireland and the government was self-reliant of gaining their consent.


The repeal bill

  • Formally known as the European Gang (Withdrawal) Bill, the draft legislation is a key plank of the government’s Brexit tactics
  • The first line of the bill says the European Communities Act 1972, which took Britain into the EU, desire be «repealed on exit day»
  • This will end the supremacy of EU law and stop the flow of new ukases from Brussels
  • But all existing laws derived from the EU will go on to be in force — they can be changed or scrapped by further legislation
  • The bill does not appoint policies line-by-line but transfers all regulations into domestic law
  • It gives the UK two years after Brexit to tickety-boo any «deficiencies» arising from the transfer

The Conservatives are relying on Democratic Unionist Associate support to win key votes after losing their Commons majority in the everyday election, but could face a revolt from Remain supporting backbenchers.

Right MP Kwasi Kwarteng, a ministerial aide to Chancellor Philip Hammond, granted the passage of the bill would be «difficult» but downplayed newspaper reports asking more than a dozen Tory MPs could rebel over details of the legislation.

He told the BBC’s Daily Politics the government was «more united» than commentators were putting and there were also Labour MPs sympathetic to its position.

Outgoing Lib Dem big cheese Tim Farron, whose party is seeking to join forces with Labour and Tory recusants, said he was «putting the government on warning», promising «if you found the Article 50 Neb difficult, you should be under no illusion, this will be hell,» he suggested.

But Mr Kwarteng said Mr Farron has «his own agenda» and was «not really in a position to talk far guerrilla warfare» as he had quit after failing to make real go in the general election.

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