Overview

The European Union (Withdrawal Arrangements) Bill aims to amend the effect of the Windsor Framework—an agreement between the UK and the EU concerning post-Brexit arrangements for Northern Ireland—on UK law. The bill selectively excludes certain provisions of the Windsor Framework from applying in the UK, grants ministers powers to make new laws related to the Framework, and requires cross-community support in the Northern Ireland Assembly for the continued application of specific articles.

Description

This bill primarily focuses on limiting the application of the Windsor Framework within the UK. It achieves this by:

• Selective Exclusion: Specific parts of the Windsor Framework are explicitly excluded from having effect in UK law. This includes provisions relating to customs duties, state aid (subsidy control), the role of the European Court of Justice, and certain implementation and enforcement mechanisms.
• Ministerial Powers: Ministers are granted extensive powers to issue regulations to make new laws, amend existing laws, and to further define or exclude specific parts of the Windsor Framework, including those sections dealing with the movement of goods, regulation of goods, and customs.
• Northern Ireland Assembly Consent: The continued application of Articles 5 to 10 of the Windsor Framework requires approval from the Northern Ireland Assembly with cross-community support.
• Limitations on Judicial Interpretation: The bill restricts how UK courts can interpret and apply the Windsor Framework, preventing them from being bound by post-Bill decisions of the European Court of Justice.
• Tax and Customs Powers: The Treasury and HMRC are given the power to make regulations relating to tax and customs matters related to the Windsor Framework, including the power to impose or vary tax rates.

Government Spending

The bill allows for preparatory expenditure by government departments and devolved authorities to prepare for the implementation of new regulations before they come into effect. No specific figures are provided in the bill text.

Groups Affected

• Businesses: Businesses trading between Great Britain and Northern Ireland, and those involved in international trade, will be affected by changes to customs and regulatory frameworks. The impact could be positive or negative depending on the specifics of the regulations issued under the bill.
• Northern Ireland Assembly: The Assembly's role in approving aspects of the Windsor Framework is significantly altered, requiring cross-community support for decisions on certain articles.
• UK Courts and Tribunals: The bill restricts their ability to utilize European Court of Justice rulings when dealing with matters related to the Windsor Framework.
• Government Departments: Various government departments will be tasked with implementing the regulations made under the bill's extensive powers.

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