Gina Miller wants to halt EU law from being scrapped in Great Repeal Bill as she threatens to take Government to court AGAIN over Henry VIII powers
CHIEF WREXITEER Gina Miller has threatened to take the Government to court AGAIN - this time over the Great Repeal Bill.
The Remain-backing campaigner wants to stop Theresa May using so-called 'Henry VIII powers' to scrap EU law and replace it with UK legislation.
It comes after David Davis confirmed the controlling European Court of Justice will have no role in Britain after Brexit.
Unveiling a Government white paper on the Great Repeal Bill, the Cabinet minister said 1,000 bits of Brussels legislation will automatically convert into British ones on the day we leave.
He told MPs in the Commons they will also be able to pick and choose which ones we want to keep, and which ones we can throw out, meaning an end to much of the hated EU red tape.
But despite Mr Davis saying this could “provide clarity and certainty for businesses on the day that we leave the EU”, some have expressed concern at the use of the ‘Henry VIII powers’ - which date back to the 1539 Statute of Proclamations - to do so.
He said any powers to create secondary legislation in this way would be "time limited", and "Parliament will need to be satisfied that the procedures are appropriate".
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However Ms Miller said she was considering legal action to challenge the use of them to alter individuals' rights.
The 51-year-old businesswoman defeated the Government at both the High Court and Supreme Court over its plans to trigger Brexit without parliamentary approval earlier this year.
Speaking to Emma Barnett on BBC Radio 5 Live Daily, she said: "The Government has already blotted its copybook by trying to bypass Parliament and use the Royal Prerogative.
“So if there is any sniff that they are trying to use Henry VIII powers, that would be profoundly unparliamentary and democratic, and I would seek legal advice, because what you are doing is setting a precedent that Government could bypass Parliament."
Earlier Mr Davis told MPs: "We have been clear that we want a smooth and orderly exit, and the Great Repeal Bill is integral to that approach.
"It will provide clarity and certainty for businesses, workers and consumers across the United Kingdom on the day we leave the EU.
"It will mean that as we exit the EU and seek a new deep and special partnership with the European Union, we will be doing so from the position where we have the same standards and rules.
"But it will also ensure that we deliver on our promise to end the supremacy of EU law in the UK as we exit.
"Our laws will then be made in London, Edinburgh, Cardiff and Belfast and interpreted not by judges in Luxembourg but by judges across the United Kingdom."
In a foreword to the white paper, Mrs May said the bill would "provide maximum certainty as we leave the EU", allowing businesses, public officials and individuals to plan for the future while Brexit negotiations are ongoing.
"The Great Repeal Bill is an important part of our plan to deliver a smooth and orderly Brexit that commands the confidence of all," she said.
"The task ahead may be significant, but I am confident we can make it a success. This white paper is an essential step along the way."
