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What is the Withdrawal Agreement Bill? What is the Withdrawal Agreement Bill?
(2 months later)
In the Brexit process, we've had a Withdrawal Bill and we've got a withdrawal agreement. Armed with its new majority, the government has published a revised version of its Withdrawal Agreement Bill (WAB) to ensure that it can take the UK out of the EU on 31 January.
Now the government has published the Withdrawal Agreement Bill (WAB). The WAB turns Boris Johnson's withdrawal agreement, which is a draft international treaty, into UK law and gives the government permission to ratify it.
Its purpose? To turn the withdrawal agreement, which is a draft international treaty, into UK law and to give the government permission to ratify it.
The terms on which the UK will leave the EU have now been agreed between Boris Johnson's government and those of the other 27 member states.
Theresa May's government got to the same stage, but failed to win approval in Parliament for the settlement it had negotiated.
Mr Johnson hopes to go one better, by turning the agreement into legislation and getting the House of Commons to approve it.
He wanted that to happen to fulfil his promise to leave the EU by 31 October, but it was a tough ask, to say the least.
Bills to implement major European treaties usually take several weeks to get through Parliament, and sometimes considerably longer.Bills to implement major European treaties usually take several weeks to get through Parliament, and sometimes considerably longer.
If the government had a solid majority in the House of Commons, it could have pushed the bill through pretty quickly. But it doesn't, and its opponents insisted on more time to scrutinise the legislation properly. But the government is determined to push this bill through pretty quickly, to avoid another Brexit delay. It passed its second reading by 358 to 234 - a majority of 124 - and will be debated further after the Christmas recess, on 7, 8 and 9 January.
It is, they argue, one of the most important pieces of legislation in decades, and MPs need to be sure they know exactly what it says and does. The opposition would have liked more time to scrutinise the bill in detail. It is, they argue, one of the most important pieces of legislation in decades, and MPs need to be sure they know exactly what it says and does.
So what does the WAB actually cover? Among other things: But the government insists that sufficient time for scrutiny has been be given.
On Tuesday 22 October the bill passed its first hurdle, the second reading, with a majority of 30. But the government also lost a critical vote over the timetable of the bill. What's in it?
The 31 October deadline is now extremely difficult to meet and the EU will consider an extension. In the meantime, Mr Johnson has paused the bill. What does the WAB actually cover? Among other things:
Whatever the eventual timetable, there will still be opportunities for the legislation to be amended. It's expected some MPs will try to add a provision for holding a confirmatory referendum on Brexit, for example, and for the UK to remain in a customs union with the EU. What's been changed?
That's why the WAB is tricky for the government: sensitive issues which can be fudged a bit in political communications have to be set down in black and white - and in precise legal language - for all to see. A number of clauses in the previous version of the bill have been removed. They include:
The government still insists that it has the numbers to get this legislation through Parliament. Between 2016 and 2018, 426 unaccompanied children came to the UK in this way.
If it fails to do that in time, then the default position is currently that the UK would leave the EU without a deal on 31 October. Transition period
But under the terms of the Benn Act the prime minister sent a letter to European Council President Donald Tusk making a formal request for an extension to the Brexit process until 31 January 2020. After the WAB becomes law, the withdrawal agreement also needs to be ratified by the European Parliament next month.
The EU are now deciding how to respond to the extension request. Then the stage will be set for Brexit on 31 January, when the post-Brexit transition period will begin.
For 11 months, the UK will still follow all the EU's rules and regulations, it will remain in the single market and the customs union, and the free movement of people will continue.
The challenge for the government will be to get all its new rules and policies in place by the end of next year.
This article was originally published on 21 October and has been updated to reflect changes to the Withdrawal Agreement Bill.
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