It is essential that the Repeal Bill is carefully scrutinised to ensure that all current protections for equality and human rights, including those in unincorporated EU law, are incorporated into UK law. These include: rights in EU treaties that can be relied on directly in domestic courts such as the right to equal pay in Article 157 of the Treaty on the Functioning of the European Union (TFEU) directly applicable EU Regulations, for example governing rights of disabled people to access transport rights in EU Directives which the Government have not incorporated in UK law, such as certain provisions of the EU Trafficking Directive rights in CJEU case law, for example governing the calculation of holiday pay entitlements for workers. Limiting the use of delegated powers Commission’s recommendation The Repeal Bill should explicitly rule out the use of delegated powers, including Henry VIII powers, to make any significant policy changes to equality and human rights law. Our analysis The Repeal Bill will convert the body of EU law, as it stands when we leave the EU, into domestic law. However, a proportion of the converted law will not function effectively once we have left the EU unless changes are made to adapt it, for example, because it refers to an EU institution or reciprocity from EU Member States. The Repeal Bill will therefore provide a power to Ministers, in the UK and devolved governments, to the statute book, where necessary, to rectify “correct problems occurring as a consequence of leaving the EU” through secondary legislation. The Government has acknowledged that the purpose for which delegated powers can be used should be limited. To ensure the Repeal Bill safeguards current equality and human rights protections, it should include a clause that explicitly rules out the use of delegated powers by the UK and devolved governments to make any significant policy changes to equality and human rights laws, including: core legislation such as the Equality Acts 2006 and 2010 and the Human Rights Act 1998 primary legislation, such as the Employment Rights Act 1996 and the Modern Slavery Act 2015 all relevant secondary legislation, such as the Working Time Regulations 1998.
It is essential that the Repeal Bill is carefully scrutinised to ensure that all current protections for equality and human rights, including those in unincorporated EU law, are incorporated into UK law. These include: rights in EU treaties that can be relied on directly in domestic courts such as the right to equal pay in Article 157 of the Treaty on the Functioning of the European Union (TFEU) directly applicable EU Regulations, for example governing rights of disabled people to access transport rights in EU Directives which the Government have not incorporated in UK law, such as certain provisions of the EU Trafficking Directive rights in CJEU case law, for example governing the calculation of holiday pay entitlements for workers. Limiting the use of delegated powers Commission’s recommendation The Repeal Bill should explicitly rule out the use of delegated powers, including Henry VIII powers, to make any significant policy changes to equality and human rights law. Our analysis The Repeal Bill will convert the body of EU law, as it stands when we leave the EU, into domestic law. However, a proportion of the converted law will not function effectively once we have left the EU unless changes are made to adapt it, for example, because it refers to an EU institution or reciprocity from EU Member States. The Repeal Bill will therefore provide a power to Ministers, in the UK and devolved governments, to “correct the statute book, where necessary, to rectify problems occurring as a consequence of leaving the EU” through secondary legislation. The Government has acknowledged that the purpose for which delegated powers can be used should be limited. To ensure the Repeal Bill safeguards current equality and human rights protections, it should include a clause that explicitly rules out the use of delegated powers by the UK and devolved governments to make any significant policy changes to equality and human rights laws, including: core legislation such as the Equality Acts 2006 and 2010 and the Human Rights Act 1998 primary legislation, such as the Employment Rights Act 1996 and the Modern Slavery Act 2015 all relevant secondary legislation, such as the Working Time Regulations 1998.
debate-on-address-exiting-european-union-28-june-2017.docx