‘Retained EU law’: issues for the Withdrawal Agreement Bill

Publications / Briefings

‘Retained EU law’: issues for the Withdrawal Agreement Bill

23 May 2019

Coming on top of the controversial introduction of the concept of 'retained EU law' in the EU (Withdrawal) Act 2018, the provisions for an implementation / transition period in the UK-EU Withdrawal Agreement pose challenges for UK law that the promised Withdrawal Agreement Bill will need to address, including through amendments to the 2018 Act.

In this May 2019 paper, Swee Leng Harris – Head of Policy and Public Affairs at The Legal Education Foundation, and a member of the Bingham Centre's Expert Working Group on the EU (Withdrawal) Bill and the Rule of Law – first considers 'retained EU law' as a new category of UK law in terms of legal and constitutional status. The paper then makes observations about the constitutional and legal significance of implementation of the Withdrawal Agreement treaty in the promised Withdrawal Agreement Bill (WAB). Finally, the paper identifies necessary amendments to the EU (Withdrawal) Act 2018 (EU(W)A) to accommodate an implementation / transition period and to ensure legal certainty on retained EU law in UK law.

The paper draws a number of conclusions regarding retained EU law and legislative changes needed to accommodate an implementation / transition period and promote legal certainty:

Retained EU law needs to be understood in the round, including the constitutional provisions for retained EU law in the EU(W)A, changes made to retained EU law through secondary (or delegated) legislation, and other primary Brexit-related legislation affecting retained EU law.
The WAB will likely replicate the effect of the European Communities Act 1972 to apply EU law in the UK for the implementation / transition period.
EU law will develop and change during the implementation / transition period, and the WAB will need to enable those changes in EU law to be reflected in UK law.
The WAB should also amend the EU(W)A so that new or modified EU laws that apply in the UK through the WAB during implementation / transition form part of retained EU law.
Consequential amendments will be needed to enable retention of EU law under sections 2 and 4 of the EU(W)A if the ECA is to be repealed on exit day (at the beginning of the implementation / transition period) while the snapshot of EU law is to be taken on 'retention day' (at the end of the implementation / transition period).

The paper builds on the author's April 2018 paper 'Legislating for transition / implementation: implications for the EU (Withdrawal) Bill', also published by the Hansard Society, and develops the issues/arguments raised therein.

Latest / Highlights

News / Starmer, Iran, and Parliament’s role in war powers - Parliament Matters podcast, Episode 134

What role does Parliament play when the UK is involved in military action? In this week’s episode, we explore the evolving practice of parliamentary war powers, sparked by Prime Minister Sir Keir Starmer’s response to recent developments in Iran and the Middle East. We discuss the royal prerogative, the uncertain post-Iraq convention on war powers, and proposals to codify Parliament’s role. Plus, we discuss the return of the Hereditary Peers Bill, proposals to increase MPs’ pay, scrutiny of defence spending, and the Spring Statement and wider economic outlook. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

Submissions / Written Parliamentary Questions - Our evidence to the House of Commons Procedure Committee

The use of Written Parliamentary Questions (WPQs) is rising sharply. Since July 2024, MPs have tabled questions at unprecedented levels. By late 2025 MPs were tabling over 600 per sitting day, more than double the long-term average. WPQs are a cornerstone of parliamentary scrutiny, helping MPs obtain information, challenge government policy and put issues on the public record. But this surge raises important questions about how Parliament balances transparency and accountability with the practical limits of the system. The House of Commons Procedure Committee is now examining the issue and has just published our submission containing our latest data and analysis.

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 2-6 March 2026

The newly elected Green MP, Hannah Spencer, will be introduced to the House of Commons. A Ministerial Statement is expected on the situation in Iran, while the Foreign Secretary faces MPs’ questions. Chancellor Rachel Reeves will deliver her Spring Statement, and MPs will consider billions of pounds in revised departmental spending through the Supplementary Estimates. The Commons will debate the Representation of the People Bill, the contribution of Commonwealth troops in the First World War, and the future of palliative care. In the Lords, Peers will scrutinise the Crime and Policing, Tobacco and Vapes, National Insurance Contributions, and English Devolution bills, as well as debate the India trade deal and International Women’s Day. Select committees will hear from Northern Ireland, Home Office and Cabinet Office ministers, military experts on the Armed Forces Bill, and Bank of England officials.

News / The forgotten pioneer: Who was Margaret Bondfield, Britain’s first female Cabinet Minister? - Parliament Matters podcast, Episode 132

Why is Britain’s first female Cabinet Minister largely forgotten? Historian Nan Sloane discusses her new biography of Margaret Bondfield, the trade unionist who became the first woman in the British Cabinet. Rising from harsh shop-floor conditions to national prominence, Bondfield took office as Minister of Labour in 1929 at the onset of the Great Depression. As economic crisis split the Labour Party, her reputation never recovered. Was she a pioneer, pragmatist, or unfairly judged? Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

News / Mandelson, Andrew and Epstein: Should there be parliamentary committee of inquiry? A conversation with Tom Tugendhat MP - Parliament Matters podcast, Episode 133

After the Greens’ Gorton and Denton by-election win, we assess the fallout: pressure on the Prime Minister, possible party-switching, shifting alliances, and whether mainstream parties’ sub-30% vote share could revive electoral reform. Tom Tugendhat MP calls for a parliamentary “super-committee” to probe the Mandelson–Mountbatten-Windsor saga. Plus: Speaker drama over Mandelson’s arrest, and looming battles over the Spring Statement and billions in public spending. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS