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The Powers in the EU (Withdrawal) Bill to make subordinate legislation

The Constitutional and Legislative Affairs Committee has decided to undertake a short inquiry to examine the powers delegated to UK and Welsh Ministers in the UK Government’s EU (Withdrawal) Bill in order to make subordinate legislation. The terms of reference for our inquiry are:


(i)           to consider the appropriateness of:  

-        the scope and nature of delegated powers provided in the Bill to UK and Welsh Ministers, including the use of Henry VIII powers;

-        ­the procedures to be used to scrutinise delegated legislation under the Bill.


(ii)          to consider the reports of other parliamentary committees across the UK on the delegated powers within the Bill;


(iii)        to consider any other relevant matter relating to the making of subordinate legislation as a consequence of the Bill.


We will use the responses to our joint consultation exercise with the External Affairs and Additional Legislation Committee on the Bill, and the positions we have already taken, to inform our work. We also welcomed submissions on the specific issues that are the subject of this inquiry from people who did not respond to the original consultation exercise or from those who did respond, but wanted to make additional points in the light of developments on the Bill or in response to the reports of other parliamentary committees on this subject.


A list of parliamentary reports relevant to our inquiry is listed below.


Delegated Powers and Regulatory Reform Committee - European Union (Withdrawal) Bill

House of Lords Select Committee on the Constitution - European Union (Withdrawal) Bill: interim report

House of European Union Committee - Brexit: devolution

House of Lords Select Committee on the Constitution - The ‘Great Repeal Bill’ and delegated powers


The following report is also of relevance to our work:


Hansard Society - Taking Back Control for Brexit and Beyond


Evidence Gathering

  • The Committee consulted on this topic. The responses have been published.

Business type: Committee Inquiry

Reason considered: Assembly Business;

Status: For consideration

First published: 27/10/2017

Decision due: Meeting Date by Constitutional and Legislative Affairs Committee





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