As the British people awaited today's publication of the much-anticipated Great Repeal Bill, this morning I posted my thoughts on Twitter, along with a link to a Wake-The-Feck-Up podcast on the subject of Britain taking EU law up the aquis:
The #GreatRepealBill, as this podcast demonstrates, seeks to transform all #EU law into #British law. https://t.co/FMQrl0IfQi
— Michael O'Bernicia (@TheBernician) 13 July 2017
Will Britain Take EU Law Up The Acquis
Shortly afterwards the proposed bill was published and the contents clearly affirmed the scarcely understood points I made in the podcast, regarding what can only reasonably be described as The Great British Brexit Swindle. Quoting directly from the bill, my tweets continued:
"EU-derived domestic legislation...continues to have effect in domestic law on and after exit day." https://t.co/QV4uxYBCIX #BrexitHoax
— Michael O'Bernicia (@TheBernician) 13 July 2017
"Direct EU legislation...forms part of domestic law on and after exit day." https://t.co/QV4uxYBCIX #TheGreatBritishBrexitSwindle
— Michael O'Bernicia (@TheBernician) 13 July 2017
You can read the bill in full for your self here, but suffice to say, that is not even the full extent of how the people have been duped into believing that Brexit would actually mean what the majority thought it meant last June - the formal cutting of legislative ties with the EU and the restoration of the supremacy of British common law.
As I have also repeatedly stated, this result could be efficiently achieved by repealing the European Communities Act 1972, without which all EU statutes, directives and regulations would automatically become void, along with any claims as to the supremacy of EU law over British law.
Whilst the repeal bill would repeal the 1972 Act, section 5 makes provisions for the supremacy of UK law to be applied in relation to all enactments after exit day, but such supremacy will be subject to EU law every time the judiciary tries to interpret, disapply or quash any of the EU laws that would be adopted as UK laws on exit day, which will obviously not include The Charter of Fundamental Rights:
5 Exceptions to savings and incorporation(1) The principle of the supremacy of EU law does not apply to any enactment or rule of law passed or made on or after exit day.(2) Accordingly, the principle of the supremacy of EU law continues to apply on or after exit day so far as relevant to the interpretation, disapplication or quashing of any enactment or rule of law passed or made before exit day.(3) Subsection (1) does not prevent the principle of the supremacy of EU law from applying to a modification made on or after exit day of any enactment or rule of law passed or made before exit day if the application of the principle is consistent with the intention of the modification.(4) The Charter of Fundamental Rights is not part of domestic law on or after exit day.