The Guardian view on the trade bill: bad law; bad plan | Editorial

Another shoddy power grab exposes ministers’ contempt for parliament and fear of proper Brexit debate

The practical implications of Brexit escaped much scrutiny when Britain voted to leave the EU. But the capacity of British ministers to strike trade deals with foreign states has long been central to Conservative Eurosceptic ideology. Reclamation of that particular portion of “sovereignty” was more important to many Tory leavers even than immigration control, although that worked more powerfully on public opinion. Liam Fox, international trade secretary, is meant to be lining up a banquet of deals for British exporters to feast on post-Brexit. In practice, not much can be achieved on that front before the UK’s end-state arrangements with the EU are settled. But a legal framework is needed in advance. That is the function of the trade bill that was published last week. It attracted little attention when Westminster was distracted by other scandals, but it is a document of paramount importance.

Like the withdrawal bill that continues its passage through the Commons this week, Dr Fox’s trade blueprint relies heavily on “Henry VIII powers” – effectively granting ministers the power to write law behind parliament’s back. It envisages an “appropriate authority” implementing legal changes and future agreements “by regulations”. That is a coded way of saying that Dr Fox reserves the right to do whatever he likes without pesky MPs getting in the way.

Continue reading... November 12, 2017 at 11:58PM