A 50-page document which is said to form the basis of a draft White Paper has being circulating Whitehall in recent weeks is designed to set out how Parliament will repeal the legislation that had originated from Brussels.
The document is being lined up to be published once Prime Minister Theresa May formally triggers Article 50 of the Lisbon Treaty, which is now expected to be on March 29.
The proposed document, dubbed the “Great Repeal Bill” will set out how, in practical terms, the legislation will be altered.
The document is said to focused on two main areas: the repealing of the European Communities Act 1972 - which took the UK in the EU - and a vast array of laws, dictats and rulings that had originated from the European Parliament over the years.
However, the means the Government is looking to do this is seen as controversial by some as they propose to do this using a power that is 500-years old.
The so-called “Henry VIII clauses” give the Government powers to change old laws that have already been passed by Parliament.
Critics of the powers say that it is a way of avoiding scrutiny as it avoids the Lords debating the measures.
One senior government source told The Sunday Telegraph: “The provision of Henry VIII clauses will be in there. It will probably be one of the most controversial bits of the Bill.”
Ministers say the clauses will help to quickly update thousands of EU rulings, many of which name European bodies that will no longer apply after Brexit.
The same source said: “We would be converting EU law into British law forever otherwise. It would literally be years and years and years.”
David Davis, the Brexit Secretary, has previously defended the plans. He said at the Tory conference last year: "To ensure continuity, we will take a simple approach. EU law will be transposed into domestic law, wherever practical, on exit day.
"It will be for elected politicians here to make the changes to reflect the outcome of our negotiation and our exit.
"That is what people voted for: power and authority residing once again with the sovereign institutions of our own country."
The Liberal Democrats have already said they will oppose any proposed legislation that uses the Henry VIII clause.
The party’s foreign affairs spokesman Tom Brake said: "The Government should know – we are putting them on notice – the Government are playing with fire over the Great Repeal Bill.
"This Bill is the biggest power grab since the days of Henry VIII. The Liberal Democrats will not sit there and let the Government say all the right things while eroding vital rights and protections that makes Britain what it is.
"We will, if needed, grind the Government’s agenda to a standstill, unless proper and rigorous safeguards are given over the Great Repeal Bill. The ball is now in the Prime Minister’s court.”
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