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ARTICLE · 03 OCTOBER 2017

Great Repeal Bill – Just A-Wrote Me A Letter

Bircham Dyson Bell LLP
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One of the most controversial aspects of the Bill is the disapplication of the Charter of Fundamental Rights.

United KingdomGovernment, Public Sector
David Mundy
David Mundy
Aaron Nelson
Aaron Nelson

One of the most controversial aspects of the Bill is the disapplication of the Charter of Fundamental Rights.

Clause 5(4) of the Bill states 'the Charter of Fundamental Rights is not part of domestic law on or after exit day'. Explaining clause 5(4) on the first day of the Bill's Second Reading, the SSExEU said:

'[We] do not believe that it would make sense to retain the charter of fundamental rights. The charter applies only to member states when acting within the scope of EU law. We will not be a member state, nor will we be acting within the scope of EU law, once we leave the European Union ... [T]he charter catalogues the rights found under EU law that will be brought into UK law by the Bill. It is not, and never was, the source of those rights. Those rights have their origins elsewhere in domestic law or relate to international treaties or obligations that the UK remains party to – for example, the European convention on human rights ... Let me be clear: the

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