What’s in the Agreement Bill
Boris Johnson wants to accelerate the 110-page Withdrawal Agreement Bill to get Brexit over the line by 31 October. MPS want more time to scrutinise and amend it. So what’s in the bill?
TRANSITION
This is already one of the most contentious parts of the bill: it fixes the transition period, after Brexit takes place but while negotiations on a future relationship with the EU are ongoing, until 31 December 2020. But given how long the withdrawal agreement took to be negotiated between the UK and EU, many MPS are concerned that 14 months is not enough time to agree a future trade deal, and there is a risk of a secondary no-deal if no extension is applied for by the deadline of July 2020. Former Tory MP Nick Boles has tabled an amendment which would require the government to seek an extension of transition to December 2022 if a trade deal has not been reached. Brexiteer Conservatives are likely to block this, and table their own amendments for EU law to not have supremacy over UK law during transition.
WORKERS’ RIGHTS
This area is a major issue for Labour MPS and, for some proleavers, could be the difference over whether they support the bill or not. As such, the wording on workers’ rights has been left deliberately vague – leaving it open to amendment by the opposition. This subject will form a major part of the political declaration on the future relationship. Labour are concerned that the withdrawal agreement, a legally-binding document, does not including a “level playing field” clause which would keep UK standards on things like workers’ rights, the environment and competition in line with the EU. Instead the level playing field will be included in the nonbinding political declaration.
EU CITIZENS’ RIGHTS
The bill will enshrine ongoing protection for the more than three million EU citizens who have settled status in the UK after Brexit, including reference to the European Court of Justice as the ultimate arbiter in disputes for eight years after transition ends in 2020. There will be a new immigration watchdog, or independent monitoring authority, to keep track of the Home Office’s treatment of EU nationals resident in the UK, to prevent a repeat of the Windrush scandal.
NORTHERN IRELAND
The Northern Ireland protocol is a key part of Mr Johnson’s new Brexit deal which removes the contentious backstop on the Irish border but creates a similarly controversial new arrangement for Northern Ireland, which would be in the same customs territory as the rest of the UK but still adhere to some EU regulations and customs arrangements for trading of goods with Ireland – creating a border in the Irish Sea and customs checks on goods between Britain and Northern Ireland. The bill proposes giving ministers the power to enforce the new customs arrangements – which will be controversial with DUP MPS.
DIVORCE BILL
The financial cost of the UK leaving the EU – calculated by our ongoing budget payments during the transition, is estimated to be £33bn, reduced from £39bn because of the Brexit extension to 31 October. Clause 20 of the bill says that the government would be required to hold a Commons vote before any further payments are made after March 2021.
FUTURE RELATIONSHIP WITH THE EU
The bill includes a section on Parliament having a say in negotiations on the future relationship between the UK and EU, including being able to steer the direction of those talks – although the bill says this must be consistent with the political declaration.