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The Great Repeal Bill and the Rule of Law

The so-called Great Repeal Bill that is officially known as the European Union (Withdrawal) Bill was published yesterday and is available to view here.

Theresa May’s alliance with the DUP may have secured her a majority in the House of Commons but that does not necessarily mean that getting the Bill through Parliament will be plain sailing.

The devolved institutions in Cardiff and Edinburgh have said that they cannot support the Bill as it currently stands and the Liberal Democrats went further with Tim Farron promising the government that they will be facing “hell”.

Perhaps the most interesting opposition, however, comes from Jeremy Corbyn who accused the government of acting in a dictatorial fashion through their use of Henry VIII powers.

These powers essentially allow the government to make law by way of secondary legislation that is not subject to the same level of scrutiny in Parliament.

Part of the Great Repeal Bill will allow for repealing the European Communities Act 1972 as part of the promise to return power from Brussels back to Westminster. The point is to establish greater democratic accountability but when the power moves from the institutions of the European Union to government ministers in Whitehall who are acting behind closed doors because they cannot honestly claim to have a stable Parliamentary majority then we have to really ask if this is a better way to make laws.

The rule of law is all about having openness and transparency in the legislative process but this will get left behind within the context of the current Bill. It is true that there will be a huge volume of complex legislation and this will make the job very hard but that does not mean that our principles and commitment to basic democratic norms such as the rule of law should be abandoned in the process