Britons will still be subject to European Union laws after Brexit

MPS concerned that European Communities Act 1972 will ‘continue to have effect in domestic law’

Christopher Hope, Anna Mikhailova Charles Hymas BRITONS will be subject to the rulings made by judges of the European Court of Justice even if it leaves the European Union on Oct 31.

The European Union (Withdrawal Agreement) Bill (WAB) makes clear that it replaces the European Communities Act 1972 which gave effect to the UK’S membership of the European Economic Community.

However, it also makes clear that the Act, which means that the UK is subject to the ECJ, “continues to have effect in domestic law”.

The Government published the Bill, which runs to 110 pages, accompanied by a further 124 pages of explanatory notes, late last night in the Commons.

MPS have expressed concern that the EU could pass new laws during the transition period. The UK will retain the same formal ability to challenge new laws as it did as a member state.

But explanatory notes published alongside the Bill make clear that “it will be necessary to ensure that the EU Treaties and other EU law continues to apply in the UK during the implementation period”.

The same applies to EU laws. The notes added that “news pieces of directly applicable EU law that are introduced during the implementation period will continue to apply automatically within the UK”.

Sir Bill Cash, the chairman of the EU Scrutiny committee, said this was at odds in the EU (Withdrawal) Act 2018, which unequivocally states “The European Communities Act 1972 is repealed on exit day”.

The Bill also allows for the transition period that ends on Dec 31 2020 to be extended once by “up to two years”, as long as MPS vote for it.

The Government will have until Christmas Eve to update Parliament about its plans for Britain’s future relationship with the European Union. The Withdrawal Agreement Bill has set a new Brexit deadline, which requires a Government minister to make a statement in the Commons setting out the “objectives for the future relationship with the EU”.

The Government will have 30 sitting days from the date the UK leaves the EU to make the statement.

If Boris Johnson manages to deliver Brexit on Oct 31, this means he will have until December 24 to set out next steps – assuming the House does not approve a recess before then.

Parliament will also be given a say on the nature of the future relationship.

The WAB states that the objectives for the future relationship must be “approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown”.

MPS would be expected to try and amend the motion to include a customs union. Number 10 has argued this will give MPS a chance to vote on the customs union, in an attempt to stop Opposition efforts to thwart Mr Johnson’s Bill today.

The Government wants to pass the Bill through the Commons by Thursday, prompting complaints from MPS who compared the pace of the legislation with similar Bills.

Chris Leslie, an Independent Group for Change MP, said: “For the Maastricht Treaty, 23 days in committee stage. The Treaty of Lisbon 11 days. Treaty of Amsterdam five days.

“Then the Single European Act four days and then the smallest of them all the Treaty of Nice three days at committee, so in total five days of Commons consideration for the Treaty of Nice to be reformed.

“This is an unprecedentedly short period of time to dedicate to a massive and momentous piece of legislation.”