UK: The Great Repeal Bill White Paper General On 30 March 2017, the UK government released a White Paper detailing the government's proposals for ensuring a functioning statute book once we have left the EU. The Great Repeal Bill (the "Bill") purports and aims to put the UK back in control of its laws, maximise certainty and confidence and to ensure accountability for the powers contained therein. Broadly these aims will be achieved by doing three things: repealing the European Communities Act (the "ECA") and returning power to UK institutions. converting EU law as it stands at the moment of exit into UK law. The UK Parliament will then consider which laws to amend or repeal once we have left the EU. creating powers to make secondary legislation. Such powers will enable corrections to be made to the laws that would otherwise no longer operate appropriately once we have left the EU. As an idea of the amount of work this will take it is estimated there is currently over 12,000 EU regulations in force (this figure includes amending regulations as well as delegated and implementing regulations), 7,900 statutory instruments required by EU directives and 14.3% UK domestic Acts which have a degree of EU influence. Current estimates predict that the necessary corrections to the law will require between 800 and 1000 statutory instruments. The Specifics The Bill will convert directly-applicable EU laws (EU Regulations) into UK law. The Bill will preserve all laws previously passed in the UK to implement EU obligations (EU Directives). The rights in the EU Treaties that can be relied on directly in court by an individual will continue to be available under UK law. The Bill will provide that historic CJEU case law be given the same binding, or precedent, status in UK courts as that of decisions of the Supreme Court. The courts will continue to be able to look to the treaty provisions in interpreting EU laws that are preserved. Despite theses measures a large proportion of converted EU law will not function effectively once we have left the EU unless action to correct them is taken, examples include: legislation with references to "EU law", "Members States other than the United Kingdom" and other such phrases. involvement of an EU institution - to replace such institution with UK body or remove certain requirements altogether. information sharing with EU institutions - legislation will continue to work legally and can be complied with, but it may no longer make sense to share such information. 2 The Bill will provide a framework within which Government can propose secondary legislation for parliamentary approval. There are generally two procedures for the passing of secondary legislation, the negative procedure (where there is no debate held) and the affirmative procedure (where it is debated by both Houses). Many of the changes required can be satisfied using the negative procedure and the affirmative procedure may be more appropriate for substantial changes. The Government will be specifically precluded from using the power to make policy changes and there will be clear limitations that the power is to be used only to deal with deficiencies in preserved EU derived law arising out of our exit from the EU.