Key changes cut parliamentary scrutiny and point to Brexit being done Boris Johnson’s way

This is the second version of the withdrawal agreement bill, which was first published in October.

It is needed to enshrine the deal Boris Johnson struck with the EU in October in UK law and legitimise the transition period before full departure on 31 December 2020.

But, in a reflection of the freedoms delivered by an 80-seat majority, this new version removes previous concessions to opposition parties as well as signalling to Eurosceptics in his own party that Brexit will not just be done, but done the Boris Johnson way.

It includes several key changes that reduce parliamentary scrutiny of the Brexit bill and give the government freedom to conduct negotiations without parliamentary approval.

Three clauses and one entire schedule have been removed. Five clauses have been added and several clauses modified.

What stays the same?

Powers to make the Brexit deal legal domestically.

The legislation enabling the transition period allowing the UK to stay in the customs union and single market between 1 February and 21 December 2020.

Powers to ensure key elements of the European Communities Act of 1972 remain applicable domestically. The UK will remain a rule-taker and not a rule maker.

Extensive powers to ministers and devolved governments to deal with the separation issues.

So-called “Henry VIII powers”, under which ministers can repeal or amend an act of parliament without going back to MPs, allowing them to implement the protocol on special arrangements intended to avoid a hard border between Northern Ireland and Ireland. These are “a bit of a blank cheque”, says Joe Owen, Brexit director at the Institute for Government. But as nobody knows the detail of how they will operate they reflect the complexity of the consequences of the divorce from the EU.

Powers and arrangements to ensure EU citizens’ rights laid out in the withdrawal agreement are implemented.

What has been removed?

The clauses that give parliamentary say on future Brexit deals, negotiating objectives or the extension period have been removed. Specifically they are:

The clause giving MPs the right to approve an extension to the transition period.

The clause 31 requirement for parliamentary approval for negotiations on the future relationship in the October bill has gone. Under the old bill, the House of Commons would have had to approve the negotiating objectives of the government in the next phase of talks. The parliamentary approval process for any future relationship treaty subsequently negotiated with the EU has also gone.

The removal of clauses pledging alignment with the EU on workers’ rights. The government on Thursday promised in the Queen’s speech that workers’ rights would instead be “protected and enhanced” under an employment bill.

Legal protections for refugee children reunited with family members in the UK have been watered down. The bill removes, via clause 37, obligations in regard to unaccompanied children seeking asylum in the EU with an obligation to make a statement within two months of passing the act.

The promise that the government’s position on negotiating the future relationship will be in line with the political declaration that accompanied the withdrawal agreement.

What’s new?

A clause outlawing an extension to the Brexit transition period beyond 31 December is included.

A clause locking in Brexit at the stroke of midnight, 31 December. The only way that can change is if the EU changes its summer daylight saving.

The bill gives the government new powers in several areas, including Northern Ireland, to change Brexit-related laws through secondary legislation rather than primary, which has the potential to reduce parliamentary scrutiny.

Time limits on any discussion of the divorce bill payments, removing the option of debate up to March 2021. This is in line with the other clauses removing any chance of an extension to the transition period.

It gives the House of Lords’ EU committee the right to scrutinise developments in EU law of “vital national interest” to the UK during the transition or implementation period. The House of Commons already had these powers under the October bill.

An independent monitoring authority to allow EU nationals in the UK to appeal against decisions relating to their rights has slightly changed, with the authority given the power to delegate decisions to launch inquiries.

What happens next?

After being approved at its second reading on Friday afternoon by 124 votes, the bill will go to its next stage after the Christmas recess.

The government has set aside three days, 7, 8 and 9 January, for this, indicating its confidence that any of the previous obstacles – such as attempts to get a second referendum – will neither be mooted or will fail.

Opposition parties say three days is not enough time to scrutinise one of the most important pieces of legislation in parliamentary history but the government disagrees.