There has been much talk recently about Henry VIII powers, or delegated powers used by ministers of the crown. I note that opposition figures were not entirely happy about situations where primary legislation will need to be changed by ministers without proper parliamentary scrutiny. The government say the EU Withdrawal Bill must provide these delegated powers otherwise laws may not work properly after Brexit. The BBC cover the story HERE.
What I didn't realise is the sheer extent of the potential need to "tweek" the law, to use the government's preferred phrase. There was a delegated powers memorandum (HERE) published alongside the bill itself which explains on page 2 that under just one clause, Clause 7, schedule 2 , part 1 of the act it may be necessary to alter "thousands" of retained EU laws to correct "failures and deficiencies" as we leave the EU. Not all of these will escape scrutiny. Some (see the right hand column on page 2) of the changes will be affirmative - needing a vote in both Houses - but many will be negative, being altered by a minister without parliamentary involvement.
It is not difficult to see that as we approach Brexit day (if and when that might be), even during a transitional period, the government is likely to be completely overwhelmed. There is a need for new trading and border and customs arrangements to say nothing of new aviation, maritime, medicine and nuclear safety agencies, new agricultural and fisheries policies all being implemented and bedding down at the same time. And the potential difficulties are unlikely to be compartmentalised. They will cross agencies and policies. Solving one problem will create another, and so on.
Let us be realistic, there will be all sorts of unforeseen problems.
In the BBC report a former government lawyer says ministers are facing a "massive task it's almost impossible to prepare for". One does not need a crystal ball to see it all going very badly wrong. It is virtually guaranteed.
