The Retained EU Law (Revocation and Reform) Act 2023, also known as the Brexit Freedoms Bill, is a consequential piece of legislation enacted by the Parliament of the United Kingdom in response to the country's withdrawal from the European Union. The primary objective of this act is to revoke specific laws that were originally implemented to adhere to EU regulations within the UK. Introduced in 2022 under the initial title of the "Brexit Freedoms Bill," the legislation underwent a series of noteworthy developments and faced substantial opposition.
Initially, the government had set an ambitious target to repeal approximately 4,000 laws associated with retained EU law in the UK. However, due to significant opposition, Secretary of State for Business and Trade Kemi Badenoch announced a reduction in the number of laws to be repealed, aiming for around 800 by the end of December 2023. This adjustment in the government's stance was met with disappointment from Brexit advocates, including the bill's original architect Jacob Rees-Mogg. The bill encountered further challenges in May 2023 when the House of Lords rejected several aspects of the proposed legislation.
The terminology used in the act introduces the concept of "assimilated law," referring to domestic law that was previously part of retained EU law (REUL). Importantly, this domestic law undergoes a transformation, shedding certain EU law interpretive features, such as supremacy, general principles of EU law, and rights retained under section 4 of the European Union (Withdrawal) Act 2018 (EUWA).
The act's provisions encompass various aspects, including the sunset of retained EU law, the assimilation of retained EU law into domestic law, interpretation and effects of retained EU law, modification of retained EU law, powers related to retained EU law and assimilated law, the establishment of a retained EU law dashboard and report, abolition of the business impact target, and legislative consent.
Concerning legislative consent, a fundamental aspect of devolution, the act stipulates that the UK government must seek the agreement or refusal of devolved administrations (Scotland, Wales, and Northern Ireland) for proposed legislation affecting devolved matters. Notably, the Scottish Parliament voted to refuse consent to the bill on February 23, 2023, while the Senedd of Wales followed suit on March 28, 2023. The Northern Ireland Assembly, however, remained in abeyance since May 2022 due to a Democratic Unionist Party boycott against the Northern Ireland Protocol, and thus did not participate in considering a legislative consent motion.
On June 29, 2023, the bill received royal assent, officially becoming law. The Retained EU Law (Revocation and Reform) Act 2023 is a critical component of the UK's post-Brexit legal framework, addressing the revocation and reform of laws previously tied to its EU membership and reflecting the complex negotiations and considerations surrounding the country's departure from the EU.
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