UK reveals Brexit plans on nuclear safety and the ECJ

Brexit Secretary David Davis has outlined the government's plans for Brexit negotiations and how it hopes to work with the EU after leaving the bloc.

Three policy papers reveal the UK's position on "nuclear materials and safeguards issues", "ongoing union judicial and administrative proceedings" and "privileges and immunities", which will be discussed when the second round of talks begin on Monday.

Davis said they demonstrated how "deciding the shape of our future partnership with the EU is inextricably linked with our withdrawal talks".

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He added: "While we're leaving the EU, we are not leaving Europe and we want to continue cooperating with our friends and neighbours on issues of mutual importance including nuclear safeguards."

However, says The Economist, the UK's position represents a stark break from the past. "The argument seems to be that Britain must rid itself of all traces of the EU like someone leaving an area of intense radiation needs a complete detox," says its Buttonwood column.

What do the papers say about the European Court of Justice?

Theresa May has made leaving the jurisdiction of the European Court of Justice (ECJ) one of her "red lines". How cases should proceed during the two-year negotiation period is laid out in broad terms in the position paper.

It says ECJ rulings should not apply to UK cases not before the court on the day the UK leaves the EU, even if the facts of the case occurred before withdrawal.

Given that the EU says the court must maintain jurisdiction over continuing cases which started in the UK before Brexit, "the jurisdiction of the ECJ is the most obvious flashpoint," Pawel Swidlicki, Brexit analyst at communications firm Edelman, told Bloomberg.

What about nuclear materials?

One of the papers outlines the UK's desire to leave Euratom, which governs the trade in nuclear fuels, medical products and technology across the continent.

"Both the UK nuclear industry's management and unions are aghast at the potential disruption that leaving might involve," says the Economist, but the position paper insists that when Article 50 of the Lisbon Treaty was invoked, the intention to leave the nuclear regulator was also provided.

"This reflects the fact that the Treaties of the EU and Euratom are uniquely legally joined," says the position paper.

What's the reaction been?

The Euratom proposals in particular have been criticised as raising more questions than they answer.

"It's unclear whether Britain would gain ownership of nuclear safeguard equipment owned by Euratom but located in the UK after Brexit," says The Independent.

"The policy paper failed to include any details regarding a timetable for transition to a UK nuclear regulator," The Independent writes.

But Davis has said there may be scope to apply for associate membership of Euratom following Brexit.

The Financial Times says "May's determination that the UK escape any influence of the European Court of Justice meanwhile puts in jeopardy a number of industries covered by European regulatory bodies."

Nevertheless, says Davis, the ECJ's jurisdiction must end so that UK courts "will be supreme once more". And, he insists, the transition will be "smooth and orderly".

Labour threatens to sabotage Brexit

13 July

The Labour Party is threatening to block the government's flagship Brexit repeal bill in a move that could trigger a 'no confidence' vote in the minority Tory government.

Keir Starmer, shadow Brexit secretary, said Labour was "putting the government on notice" that it would vote down the repeal bill - introduced in parliament today - unless Theresa May's minority government agreed to six amendments.

Starmer told The Guardian that Labour wanted six key changes including guarantees that UK workers' rights don't fall behind those in the EU, an incorporation of the European Charter of Fundamental Rights into UK law, and a restriction of the so-called Henry VIII powers that allow the Tories to rewrite decades of UK law with little parliamentary oversight.

"We are determined to ensure that the right approach is taken, and this is all about protecting the rights of citizens in Britain," Starmer said.

The repeal bill - one of the largest legislative processes ever undertaken - transposes EU law into UK law in preparation for the UK's March 2019 EU exit, allowing the government to keep and scrap certain laws. Labour would need only a handful of of rebel Tory MPs to vote with them to defeat the legislation.

May already faces a rebellion from her own backbenchers over certain aspects of the bill and the legislation may be defeated outright, which could "finish off" May's leadership, The Independent says.

Failure to pass the bill would also likely lead to "major regulatory and legal uncertainty", says Business Insider, and the two-year process for leaving the EU would likely be delayed.

MPs are expected to vote on the legislation in the autumn.

Five things to know about the UK repeal bill

11 July

Brexit Secretary David Davis today publishes the repeal bill to convert EU law into UK legislation. Formerly known as the "great repeal bill", it is one of the largest legislative projects in the country's history.

Here are five things you need to know.

What is the repeal bill?

The repeal bill, the centrepiece of the 2017 Queen's Speech, aims to transpose thousands of EU laws and directives into UK law, where they can be changed by UK lawmakers if necessary.

Prime Minister Theresa May called it an "essential step" on the path to a smooth Brexit.

It repeals the 1972 European Communities Act, which formalised the UK's membership of the bloc and allowed European law to take precedence over legislation passed by UK lawmakers. The bill aims to end the jurisdiction of the European Court of Justice over the UK, says the BBC.

When will the changes take place?

Details of the repeal bill were published on 30 March, the day after May triggered Article 50 of the Lisbon Treaty. It is published today but the Commons might not vote on it until October or even later in order to sidestep a possible Tory rebellion backing a soft Brexit, the Huffington Post UK reports.

Once the European Communities Act is repealed, EU regulations no longer apply and European Court of Justice rulings stop applying to the UK.

Why is it necessary to pass the repeal bill?

It would be impossible for the UK to replace all European legislation by 29 March 2019, the date for Brexit. Instead, the UK plans to adopt EU laws in the short-term to maximise certainty for individuals and businesses, said the PM's office.

Future parliaments and assemblies can then amend, improve or repeal laws, subject to international treaty obligations.

There are almost 19,000 pieces of EU-related legislation in force, including more than 5,000 regulations and almost 900 directives, according to the House of Commons library. An estimated 13.2 per cent of UK laws enacted between 1993 and 2004 relate to the EU, says Bloomberg, while Brexit Department estimates say the government will need to pass up to 1,000 statutory instruments to change EU law after March 2019.

What are the 'Henry VIII' clauses?

These controversial clauses involve the mechanisms used by government to change laws. They refer to the Statute of Proclamation 1539, which allowed Henry VIII to legislate by making a proclamation, which had to be obeyed like an act of parliament. The clauses can provide government with the means to grab power, according to The Independent.

Why are some MPs rebelling?

Concern has arisen that the bill will encounter a lot of resistance in parliament, with "MPs of all parties and political persuasions set to attempt to shape the bill to their own agendas", says Business Insider.

The BBC reports that opposition parties are expected to challenge the bill once the debate begins and the Prime Minister could be forced to "water down" some of the government's more hardline positions on Brexit, such as plans to leave certain EU institutions and revoke the power of the European Court of Justice.

However, the Independent reports that critics worry transposing existing laws in such a fashion will lead to the "watering down of workers' rights and environmental standards, as well as providing a back door for deregulation".

Brexit Secretary David Davis has said he doesn't want to leave a "black hole in our statute book" or leave citizens and business unsure in the wake of the UK's departure from the EU.

The repeal bill is designed to tie up any loose ends, but it is expected to be a large challenge for the government. "Working out which bits of UK law came from the EU is not as simple as it may sound," says the BBC.

The House of Lords warns: "The body of EU law is found in a number of different places and in a number of different forms."

Furthermore, the government's white paper on the bill says a simple transposition of legislation may be problematic, as many EU laws will "will no longer work" if they are particularly EU-specific.