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B1057 – European Union Bill 2016

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    B1057 – European Union Bill 2016, TSR Labour Party

    European Union Bill 2016
    An Act to retain equivalence with EU law after the UK leaves the European Union.

    Whereas it is noted that law, culture and business have greatly developed since the previous enactment of the European Communities Act 1972.
    And whereas it is understood that continued trade with Member States of the European Union shall be greatly facilitated by retaining equivalence unless and until there is a good reason not to do so.
    And whereas provisions to update the existing Common and Statute Law of the United Kingdom of Great Britain and Northern Ireland would take much parliamentary time and expense to enact:
    Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

    1: Applicability of EU law

    (1) Upon the event of the United Kingdom leaving the European Union, directly effective European Union law should be considered to remain effective in the UK if and insofar it is not subsequently contradicted.
    (2) Repeal or amendment of any residual European Union law from this Act may be carried out through either primary or secondary legislation.
    (3) Subsection (1) above should not be considered to affect the validity of any implementing legislation of European Union law with indirect effect.

    2: Commencement, Short Title and Extent

    (1) This Bill may be cited as the European Union Act 2016;
    (2) This Bill shall extend to the United Kingdom; and
    (3) Shall come into force immediately.


    Notes
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    EU law pervades much of our modern legal system. If, upon leaving the European Union, the law which the EU brings automatically to our legal system is repealed, in many areas of the law we will see an effective rollback as far as the early 70s, much of which is unfit for purpose in the modern era. Furthermore, the uncertainty about the operation of much of this to industries developed since would significantly damage British businesses, and the cost imposed to do a wholesale overhaul of the law very quickly would be huge.

    It is worth noting that this leaves it extremely easy to change any law left over from the EU.
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    Aye. Simple and effective
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    I agree, it'll be a political shock and will cause instability, it's better we adopt all EU law while committee(s) look over possible reforms
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    This takes bills that do nothing to a whole new level.
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    (Original post by Jammy Duel)
    This takes bills that do nothing to a whole new level.
    Why do you think this does nothing? As a matter of English law, the only way to leave the EU is to repeal the European Communities Act, which de facto returns us to the 1970s in terms of English law without expressly providing otherwise. This does the 'providing otherwise' bit without taking TSR out of the EU yet.
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    Aye.
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    Aye.
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    Nay.

    1) For this to apply you'd either need to wait for canon to take us out or launch a bill taking us out now.

    2) The canon amendment already ensures this since it's what is going to happen in RL, building on this i'd also add that this should be an amendment and not a bill.
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    (Original post by TheDefiniteArticle)
    Why do you think this does nothing? As a matter of English law, the only way to leave the EU is to repeal the European Communities Act, which de facto returns us to the 1970s in terms of English law without expressly providing otherwise. This does the 'providing otherwise' bit without taking TSR out of the EU yet.
    What Rakas said, you seem to either be making silly assumptions or have a crystal ball which tells you most people are wildly wrong and the hard brexiteers REALLY have their dream come true
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    (Original post by PetrosAC)
    Aye. Simple and effective
    (Original post by zayn008)
    I agree, it'll be a political shock and will cause instability, it's better we adopt all EU law while committee(s) look over possible reforms
    (Original post by TheDefiniteArticle)
    Why do you think this does nothing? As a matter of English law, the only way to leave the EU is to repeal the European Communities Act, which de facto returns us to the 1970s in terms of English law without expressly providing otherwise. This does the 'providing otherwise' bit without taking TSR out of the EU yet.
    (Original post by iEthan)
    Aye.
    (Original post by emmald583)
    Aye.
    Since we already have the canon amendement and this will happen in RL, what's the point in voting for this?
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    (Original post by Rakas21)
    Since we already have the canon amendement and this will happen in RL, what's the point in voting for this?
    My voting record would suffer if I didn't. Plus, I thought an Aye could do no harm.
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    (Original post by Rakas21)
    Nay.

    1) For this to apply you'd either need to wait for canon to take us out or launch a bill taking us out now.

    2) The canon amendment already ensures this since it's what is going to happen in RL, building on this i'd also add that this should be an amendment and not a bill.
    This shouldn't be an amendment because it's not looking to create constitutional rules within TSR, it's merely a policy-based Act about what the rules should continue to be. Regarding your first point, literally read the first three words of s1(1). I get how implied repeal works before you say, but this just means that politically, it's very difficult to write something which says much more than "European Communities Act 1973 is repealed" in the future.

    (Original post by Jammy Duel)
    What Rakas said, you seem to either be making silly assumptions or have a crystal ball which tells you most people are wildly wrong and the hard brexiteers REALLY have their dream come true
    Responding to you and Rakas: considering Theresa May has loaded her Brexit/Trade/Foreign positions with possibly the only three current parliamentarians more inept than Jeremy Corbyn, I wouldn't count on it.
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    (Original post by TheDefiniteArticle)
    Why do you think this does nothing? As a matter of English law, the only way to leave the EU is to repeal the European Communities Act, which de facto returns us to the 1970s in terms of English law without expressly providing otherwise. This does the 'providing otherwise' bit without taking TSR out of the EU yet.
    Doesn't the UK have to transpose all EU law into British law through primary and secondary domestic legislation? Why would repealing the European Communities Act automatically repeal that separate primary and secondary legislation?
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    (Original post by Iridocyclitis)
    Doesn't the UK have to transpose all EU law into British law through primary and secondary domestic legislation? Why would repealing the European Communities Act automatically repeal that separate primary and secondary legislation?
    Only Regulations. A lot of EU law is what's known as directly effective, meaning it doesn't need to be separately implemented.
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    It makes sense.
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    One of the reasons a lot of people voted leave was because they found EU laws to be overbearing, ideally each piece of legislation should be voted on again by our own parliament.
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    (Original post by RomanBowling33)
    One of the reasons a lot of people voted leave was because they found EU laws to be overbearing, ideally each piece of legislation should be voted on again by our own parliament.
    Even those who voted leave must accept that the vast, vast majority of EU laws are fundamentally reasonable.

    The question here is whether you prefer:

    a) We retain the status quo, and the few unacceptable EU laws can be easily repealed by the mechanism given in this Bill.
    b) We take almost our entire legal system back to the 70s, suffer massive economic loss due to the shock, and it takes ****ing forever to re-implement the EU laws lost thereby.
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    Aye. Euroshambles, Inc. has admittedly passed some good legislation, so this should be weeded out from the bad by a specialised House of Commons select committee, which could then draw up mass repeal bills for the rest, similarly to what happens with legislation that is considered to be outdated or obsolete.
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    (Original post by TheDefiniteArticle)
    Even those who voted leave must accept that the vast, vast majority of EU laws are fundamentally reasonable.

    The question here is whether you prefer:

    a) We retain the status quo, and the few unacceptable EU laws can be easily repealed by the mechanism given in this Bill.
    b) We take almost our entire legal system back to the 70s, suffer massive economic loss due to the shock, and it takes ****ing forever to re-implement the EU laws lost thereby.
    I suppose we can accept them for now then repeal or amend overbearing laws later on.
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    Aye.
Updated: September 27, 2016
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