Overview

This bill concerns amendments to the European Union (Withdrawal Agreement) Bill. The House of Lords proposed several amendments, primarily focusing on citizens' rights post-Brexit, the handling of European Court of Justice case law, and the role of devolved governments. The House of Commons rejected all amendments.

Description

The bill addresses several key areas:

Citizens' Rights:

Lords Amendment 1 aimed to guarantee the provision of physical residence documents to EU citizens eligible for residence in the UK under the Withdrawal Agreement, EEA/EFTA separation agreement and Swiss citizens’ rights agreement. The Commons rejected this amendment citing the cost implications.

Judicial Independence:

Lords Amendments 2 and 3 concerned how UK courts would handle existing European Court of Justice (ECJ) case law after the end of the Brexit transition period. The Lords amendments sought to establish clearer procedures for UK courts to depart from ECJ case law, including referral to the Supreme Court. The Commons rejected these amendments as inadequate to deal with the issue.

Government Negotiating Objectives:

Lords Amendment 4 sought to remove Clause 37 of the bill, which dealt with government negotiating objectives. The Commons rejected this, arguing it was inappropriate to legislate on such objectives.

Devolved Powers:

Lords Amendment 5 sought to clarify the role of devolved governments in post-Brexit matters, referring to relevant sections of the Scotland Act 1998 and Government of Wales Act 2006. The Commons deemed this unnecessary and inappropriate within the context of Clause 38.

Government Spending

The Commons rejected Lords Amendment 1 specifically because it would involve a charge on public funds. No figures are provided.

Groups Affected

The groups potentially affected include:

• EU citizens residing in the UK: The rejected amendment concerning residence documents would have directly impacted their ability to obtain and maintain proof of residency.
• UK Courts: The amendments regarding handling of ECJ case law would have altered their processes for interpreting and applying EU law post-Brexit.
• Devolved Governments (Scotland and Wales): The amendment concerning devolved powers would have affected their influence on post-Brexit policy.

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