EHRC Briefing - EU (Withdrawal) Bill - Commons Consideration of Lords Amendments 12 June 2018

Posted On: 
8th June 2018

Below is the Equality and Human Rights Commission’s briefing in advance of next week’s Commons Consideration of Lords Amendments to the EU (Withdrawal) Bill.

This briefing (available here) sets out the Commission’s recommendations for support to Lords amendments that we consider are critical to protecting our human rights and equality framework after we leave the EU. The Commission recommends support to:

  • Lords Amendment 5 to ensure protections in the Charter are retained; and Lords Amendment 53 that would continue to allow challenges to be brought to retained EU law on the grounds that it is in breach of general principles of EU law. These amendments are vital for preventing gaps in the protection of fundamental rights, and achieving legal certainty as we leave the EU.
  • Lords Amendment 4, which introduces important safeguards on the use of delegated powers. This amendment reflects the constitutional principle that changes to fundamental rights should only be made by Parliament through primary legislation.
  • Lords amendments 6, 7 and 8, which ensure that the Bill now makes clear that a court or tribunal may have regard to future EU law where it is relevant to any matter before the court. This amendment recognises the important impact that the case law of the Court of Justice of the European Union has had on equality and human rights in the UK.