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22 November 2019 / Michael Zander KC
Issue: 7865 / Categories: Features
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Boris Johnson’s EU Withdrawal Agreement Bill

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Michael Zander records what the Lords Constitution Committee had to say about the Bill
  • The report, though mainly explanatory, highlights issues requiring further consideration including Northern Ireland & workers’ rights.

‘The Bill is of the highest constitutional significance, given its intended effect. It builds on, but also amends and departs in significant ways from, the European Union (Withdrawal) Act 2018. It is a complex piece of legislation.’ (Constitution Committee Report, HL Paper 21, 5 November 2019, para.4)

That is the Bill for which Boris Johnson, having got a Commons majority on the 2nd Reading, refused to increase the time allowed for the further stages and which was then pulled to make way for the General Election on 12 December. If the Conservatives form the next government, it will presumably be re-introduced as the basis of the prime minister’s new promise ‘to get Brexit done—this time by 31 January’.

The committee’s report, though mainly explanatory, highlights issues requiring further consideration.

The status of EU law

Under the 2018 Act, on exit day, the European Communities Act 1972 was repealed

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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