Certain provisions came into force straight away (as provided in s25 of the Act), notably:
The SSExEU made use of his new powers almost immediately, making the European Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions) Regulations 201 (SI 2018 No.808) bringing further provisions of the Act into force on 4 July. The further provisions brought into force are largely those which enable Ministers to make regulations or give directions under the Act for particular purposes, and certain consequential, interpretative and repealing provisions.
Particularly hard-line (or cynical) Brexiteers might be suspicious that the provisions which would actually have the effect of removing the UK from the EU (ie section 1 which repeals the ECA 1972 on exit day, and sections 2 to 7 which provide for the transposition of EU law into UK law) are not yet in force.
The SSExEU David Davis said that Royal Assent marked a ‘landmark moment’ in the Brexit process, adding:
Certainty seems to be in short supply. Major UK businesses have been lining up in recent weeks to warn the Government about the effect of leaving the EU single market and customs union without the transition deal which, they believe, is needed to prevent severe disruption to UK manufacturing.
Tom Williams, chief operating officer of Airbus Commercial Aircraft, was reported as saying that in ‘any scenario’, Brexit had ‘severe negative consequences’ for the UK aerospace industry and Airbus in particular. But he said that the impact of ‘no deal’ on its UK operations could be ‘significant’ and ‘directly threatens Airbus’ future in the UK.’
BMW followed, with UK boss Ian Robertson saying he needed to know the Government’s preferred position was on customs and trade within months or his company – and the UK’s – competitive position could be harmed:
Heath Minister Jeremy Hunt called such comments ‘completely inappropriate… in a critical moment in the Brexit discussions… we need to get behind Theresa May to deliver the best possible Brexit’. The Foreign Secretary responded in even more ‘robust‘ fashion.
But business wasn’t cowed. The British Chambers of Commerce has published a list of 24 ‘real-world questions‘ it claimed British businesses needed urgent answers to, in order to plan their trade following the Brexit. The BCC said the Government had made limited progress on just two issues (the status of EU nationals in the UK workforce and on the industrial standards regime), with the others remaining red, including:
Adam Marshall, Director General of the British Chambers of Commerce (BCC), said:
The calls for certainty have been echoed by the EU, as the June leader’s summit came and went without any significant progress on Brexit. European Council president Donald Tusk said there was a ‘great deal of work ahead’ on Brexit and the ‘most difficult tasks are still unresolved’. ‘Quick progress… was needed if a deal was to be reached at the next summit’ in October.
Against that backdrop (and with speculation rife about what, if any, new proposals might be in the mix), the Prime Minister gathers the Cabinet for another Brexit away day on Friday, as they look to agree (finally) a blueprint for the UK’s future relationship with the EU. The Government has promised it will then publish its (delayed) White Paper setting out ‘in more detail what strong partnership the United Kingdom wants to see with the European Union in the future’.
But the signs don’t point to a consensus – it was recently reported that Michael Gove ripped up a report on the Prime Minister’s preferred option for a new customs partnership, as he felt it downplayed his objections to the proposal…