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792669
registered interest false more like this
date less than 2017-11-20more like thismore than 2017-11-20
answering body
Department for Exiting the European Union more like this
answering dept id 203 more like this
answering dept short name Exiting the European Union more like this
answering dept sort name Exiting the European Union more like this
hansard heading EU Law remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Exiting the European Union, what the legal status of retained EU law under the European Union (Withdrawal) Bill will be; and whether it will be liable to judicial review. more like this
tabling member constituency Leigh more like this
tabling member printed
Jo Platt more like this
uin 114596 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2017-11-28more like thismore than 2017-11-28
answer text <p>Retained EU law includes both preserved domestic legislation and converted direct EU legislation. The latter was not made by UK legislators and will operate in a different way to both primary and secondary legislation. It would therefore not be appropriate to assign a single status to this legislation for all purposes.</p><p><strong> </strong></p><p>Preserved domestic legislation will continue to hold the same status as it does currently (i.e. primary or secondary). Converted EU legislation will not automatically have primary or secondary status. Instead, the Bill sets out the status of this legislation for specified purposes in a number of places. For example, for the purposes of the Human Rights Act, it will be treated as primary legislation. Further regulations may be made under the Bill for the purpose of status under other statutes.</p><p><strong> </strong></p><p>Existing domestic legislation will remain amenable to judicial review as at present. In general (and subject to any further regulations made under the Bill), it will not be possible to challenge the validity of converted EU legislation. To do otherwise would raise uncertainties and practical difficulties as the EU instruments being converted were not made by UK Ministers but by EU institutions.</p><p> </p>
answering member constituency Wycombe more like this
answering member printed Mr Steve Baker more like this
question first answered
less than 2017-11-28T10:19:49.03Zmore like thismore than 2017-11-28T10:19:49.03Z
answering member
4064
label Biography information for Mr Steve Baker more like this
tabling member
4673
label Biography information for Jo Platt more like this