What is the sifting process for Brexit legislation?

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Published by a ��Ӱ�� Public Law expert

Published on: 28 September 2018

Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory instruments (brexit SIs) are formally laid in Parliament, they have to go through a preliminary sifting process to determine the appropriate level of parliamentary scrutiny. Committees in both Houses of Parliament are responsible for the sifting process and are inviting submissions from individuals and organisations to assist in their work.

Main scrutiny procedures for Brexit SIs

EU(W)A 2018, s 8 allows the government to introduce Brexit SIs to deal with anticipated ‘deficiencies’ in retained eu law arising from Brexit. The main parliamentary scrutiny procedures for Brexit SIs introduced by government ministers are set out in EU(W)A 2018, Sch 7 Pt 1 (with variations for instruments made by or jointly with the devolved administrations). They include:

•
negative procedure―laid in Parliament after being made, subject to annulment within 40 days by either House of Parliament
•
draft affirmative procedure (also referred to as affirmative procedure)―laid in draft and approved by a resolution of both Houses of Parliament before being made
•
made affirmative

Jurisdiction(s):

United Kingdom

Key definition:

Brexit definition

What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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