16 January 2017
Theresa May is set for a showdown with the House of Lords over sweeping new powers she will gain because of the need to incorporate hundreds of EU laws into UK legislation on Brexit day. Because the terms of the deal will not be known by the time the legislation is introduced later this year, the repeal bill is likely to include a “Henry VIII” clause — after a 1539 statute that gave the king the power to legislate by proclamation. Professor Sionaidh Douglas-Scott, Anniversary Chair in Law and Co-Director of the Centre for Law and Society in a Global Context (CLSGC) at Queen Mary University of London (QMUL), said the introduction of a sweeping Henry VIII clause “would be a profoundly unparliamentary and undemocratic way to repeal or amend former EU law, and hardly a means for Parliament to ‘take back control’”. Full article available on Financial Times (subscription required).