Brexit Bulletin—Brexit SI sifting process: what you need to know

Brexit Bulletin—Brexit SI sifting process: what you need to know
Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory instruments (Brexit SIs) are formally laid in Parliament, they have to go through a preliminary sifting process to determine the appropriate level of parliamentary scrutiny. Committees in both Houses of Parliament are responsible for this process and are inviting submissions from individuals and organisations to assist in this work. Although Parliament is currently in summer recess, a number of these instruments have been laid for sifting which is due to commence when Parliament returns in September 2018. Updates on the process, timescales and details of the latest drafts are outlined here.
The government’s legislative preparation for Brexit is expected to intensify after the summer recess, as departments start introducing Brexit SIs using the powers in the EU(W)A 2018. The key aim of these powers is to introduce legislation necessary to prepare for Brexit in any event—to ensure an orderly exit from the EU that effective in UK law, regardless of the outcome in the Brexit negotiations.Alongside the secondary legislation anticipated under the EU(W)A 2018, government departments are also working to progress further primary legislation, delivering necessary policy changes required as a result of Brexit. You can review progress on the broader legislative preparation for Brexit in our Brexit legislation tracker.

Sifting process for proposed negative procedure Brexit SIs

EU(W)A 2018, s 8 allows the government to introduce Brexit SIs to deal with anticipated ‘deficiencies’ in retained EU law arising from Brexit. The main parliamentary scrutiny procedures for these instruments are set out in EU(W)A 2018, Sch 7

.Where the government proposes to introduce Brexit SIs under these powers using the negative procedure (whereby instruments are laid in Parliament after being made and become law without debate unless there is an objection from either House), they first have to go through a sifting process to consider the suitability of that procedure.

The European Statutory Instruments Committee

Subscription Form

Already a subscriber? Login
RELX (UK) Limited, trading as LexisNexis, and our LexisNexis Legal & Professional group companies will contact you to confirm your email address. You can manage your communication preferences via our Preference Centre. You can learn more about how we handle your personal data and your rights by reviewing our  Privacy Policy.

Related Articles:
Latest Articles:

Access this article and thousands of others like it free by subscribing to our blog.

Read full article

Already a subscriber? Login