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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 21 April 2025
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Displaying 1119 contributions

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Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

Morag Ross, do you have any points to add?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

That is quite an alarming realisation—that there could potentially be wholesale destruction of legislation in that way.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

On the issue of the general powers, the Cabinet Office’s response says:

“The Retained EU Law Substance review has indicated a distinct lack of subordinate legislation making powers to remove REUL from the UK statute book where appropriate, and if required replace that provision with legislation that is more fit for purpose for the UK.”

It gives a reason for that:

“Had the UK never been a member of the EU, many of the areas identified by the substance review would likely already have similar powers to comparable non EU policy areas to amend. The lack of powers is therefore an oddity created by our EU membership”.

That seems to be saying that the extraordinary situation is that the retained EU law does not provide the same provisions in secondary legislation. Would you agree with that assessment, Sir Jonathan, or perhaps Dr Tucker?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

Thank you. I want to probe further on the scenario in which the Government did not introduce replacement legislation. As far as I can see, the Parliament would have no capacity whatever to influence that, and it would not be able to perform any form of scrutiny on the revocation of legislation. There might be a difference if the Government were to introduce replacement legislation, which would perhaps provide a mechanism, but if it were simply to revoke laws through secondary measures, there are no means whatever to scrutinise the impacts.

Do you have a view on that, Sir Jonathan?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

Yes.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

Thank you for that, Dr Tucker.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

I thank the witnesses for their helpful contributions.

The powers in clause 15 allow UK ministers and devolved ministers to revoke retained EU law until the end of 2023, or assimilated law from 1 January 2024, and replace it. That power will be available to ministers until 23 June 2026. Where provision is made to replace retained or assimilated law, the replacement provision can implement different policy objectives. I am keen to get your collective views on the scope of the power to revoke and replace retained EU law and assimilated law.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

Thanks for that. There is—

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

That is fair enough. Thank you.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

I will come back in on the point around clause 8 and legislative hierarchy. Clause 8 relates to the removal of the principle of supremacy of EU law. Clause 4 reverses the principle that retained EU law takes precedence over incompatible domestic law. The power in clause 8 will enable ministers to specify that the reversal of the principle does not apply to specific pieces of domestic law and retained EU law and, therefore, that retained EU law continues to take precedence. That will allow ministers to retain the existing hierarchy where that is desirable in order to avoid unintended consequences or to ensure continuity.

The power in clause 8 is exercisable by Scottish and UK ministers in areas of devolved competence. UK ministers are therefore given the power to set the interpretative hierarchy that applies to legislation in devolved areas—bearing in mind that the devolution settlement was never designed with the presumption that we would end up being outside the EU, which has caused disruption.

Do you have any comments to offer on that? I will start with Dr Tucker.