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Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020

The Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (the “2020 Brexit Omnibus Act”) underpins the readiness measures required at the end of the Brexit transition period.

The overarching aim of the 2020 Brexit Omnibus Act is to protect citizens and consumers, facilitate the sound functioning of key sectors, and ensure our businesses are not disadvantaged.  It also supports aspects of the Common Travel Area and North/South cooperation. 

The 2020 Actconsists of 22 Parts under the remits of Ministers responsible for 11 Departments.  The 2020 Act draws on the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019.  Many Parts of the 2019 Act could not be commenced once the Withdrawal Agreement was concluded and entered into force. 

A key difference with the 2020 legislation is that the 2019 Act provided contingency measures to address a no deal cliff-edge scenario – which in the end did not materialise.  The 2020 Act deals with the range of complex immediate and permanent changes that arise at the end of the transition period.

Legislative Information

The General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020 was approved by Government in August 2020 and published on 9 September.  Heads for two further Parts were subsequently approved by Government.  The 21 Parts of the Bill as initiated in the Dáil are set out in the table below.  Further information on the legislative process is available on the website of the Houses of the Oireachtas.

Table: Parts of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020 as initiated in the Dáil.

Part

Outline

1

Preliminary and General (Minister for Foreign Affairs)

2

Healthcare Arrangements (Minister for Health)

3

Reimbursement of medical expenses (Minister for Health)

4

Amendments to Companies Act 2014 (Tánaiste and Minister for, Enterprise, trade and Employment) (New)

5

Amendment to Section 10(2) of the Employment Permits Act 2006 (Tánaiste and Minister for, Enterprise, trade and Employment) (New)

6

Arrangements in relation to Fluorinated Greenhouse Gases (Minister for the Environment, Climate and Communications)

7

Amendment of Student Support Act 2011 (Minister for Further and Higher Education, Research, Innovation and Science)

8

Taxation (Minister for Finance)

9

Financial Services: Settlement Finality (Minister for Finance)

10

Financial Services: Amendment to the European Union (Insurance and Reinsurance) Regulations 2015 and the European Union (Insurance Distribution) Regulations 2018 (Minister for Finance)

11

Amendment of Customs Act 2015 (Minister for Finance) (New)

12

Amendment of Harbours Act 1996 (Minister for Transport)

13

Third Country Bus Services (Minister for Transport)

14

Amendment of Social Welfare Consolidation Act 2005 (Minister for Social Protection)

15

Amendment of Protection of Employees (Employers’ Insolvency) Act 1984 (Minister for Social Protection)

16

Amendment of Extradition Act 1965 (Minister for Justice)

17

Amendment of the Immigration Act 2004 (Minister for Justice) (New)

18

Amendment of the International Protection Act 2015 (Minister for Justice) (New)

19

Amendment of Childcare Support Act 2018 (Minister for Children, Equality, Disability, Integration and Youth)

20

Legislating for the recognition of UK divorces after expiry of the Brexit transition period (Minister for Justice)

21

Amendment of the European Communities Regulation SI 225 (Minister for Housing, Local Government and Heritage)