Retained EU Law (Revocation and Reform) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

Committee stage
Thursday 2nd March 2023 Lords Chamber

[Lord Callanan (Con)]

I think I referred to that in an earlier part of my speech. I addressed Amendments 42 and 43, but it all comes back to this central point of the so-called accidental sunsetting that noble Lords have raised. The noble Baroness’s amendments propose to remove the sunset entirely and replace it with systems to individually revoke each piece of EU law. I did refer to that earlier, but I will look back at what I said and if I did not refer to that directly, I will write to her. The Government think that the sunset is appropriate. I entirely accept that many Members of this House do not, but the elected House of Commons certainly did, by large majorities.

I think that I have covered most of the points now. Noble Lords might not like the answers very much but that is the Government’s position.

[Baroness Butler-Sloss (CB)]

One issue that I have not understood the Minister to have dealt with is the issue raised by the noble Lord, Lord Deben, on democracy.

[Lord Callanan (Con)]

I think the noble Lord, Lord Deben, and I had a political difference on that point. He seems to think that secondary legislation is somehow undemocratic. If those making this complaint were to look back through Hansard to see whether they made the same complaint about the way that the law was introduced into UK law in the first place, I would have a little more sympathy with their argument. This is an essentially political disagreement about which is the most appropriate way to proceed. The Government have been elected with a big majority. One of the backbones of our programme was to get Brexit done.

Prepayment Meters

Debate between Baroness Butler-Sloss and Lord Callanan

Tuesday 24th January 2023 Lords Chamber

[Lord Callanan (Con)]

Because none of these matters is simple. We have called on the suppliers to impose a voluntary moratorium, and we are working with them to try to implement that, but, of course, if we do that there are other options for suppliers, involving bailiffs and various other methods of collecting debt that are also not to be recommended. These are difficult issues that we have to deal with. To get a warrant requires a process through a magistrates’ court and, if a person wishes to object, they can go along and get their case heard by a magistrate.

[Baroness Butler-Sloss (CB)]

My Lords, if the suppliers will not help, what are the Government going to do to help the people who cannot afford this?

[Lord Callanan (Con)]

The Government have put in place a considerable package of support, involving tens of billions of pounds of price support, which applies to prepayment customers as well as to others. Nobody denies that this is a difficult time, with energy prices being so expensive, but the noble and learned Baroness is well aware of the package of support that we have offered.

Carers: Unpaid Leave

Debate between Baroness Butler-Sloss and Lord Callanan

Tuesday 14th June 2022 Lords Chamber

[Lord Callanan (Con)]

On the noble Lord’s first comment, I am sure that the Opposition have a long list of Government Bills they would rather drop in favour of this one; let us take it as read that we can agree on that. The noble Lord makes a sensible suggestion, and I will certainly take it back.

[Baroness Butler-Sloss (CB)]

My Lords, will the Minister take this back to the department and say how strongly the House of Lords feels about it?

[Lord Callanan (Con)]

Yes, of course.

Russian Oil and Gas Imports

Debate between Baroness Butler-Sloss and Lord Callanan

Monday 7th March 2022 Lords Chamber

[Lord Callanan (Con)]

Yes, I am satisfied with the progress that this Government are making. It is disappointing that previous Governments did not take action on new nuclear urgently; should the noble Lord wish to follow the debate tomorrow, we will be in Grand Committee on the Nuclear Energy (Financing) Bill.

[Baroness Butler-Sloss (CB)]

My Lords, the Minister referred to sanctions against oil coming in through Russian tankers but I understand that oil is coming in through other tankers owned by other companies. What are the Government going to do about that?

[Lord Callanan (Con)]

That was indeed the point I made in response to the Question. We have banned Russian vessels but, at the moment, cargo can still be imported, in relatively small quantities, from other vessels. We are in urgent consultation with our allies on whether we can go further.

Climate Change: COP 26 Arrangements

Debate between Baroness Butler-Sloss and Lord Callanan

Thursday 12th March 2020 Lords Chamber

[Lord Callanan]

Of course my noble friend is quite right to point out that this is an important consequence of climate change. It is one of many different subjects that will need to be discussed both before and during the COP.

[Baroness Butler-Sloss (CB)]

My Lords, I declare an interest in that my grandson, aged 22, spoke at COP 25. What young people will be involved in COP 26?

European Union (Withdrawal Agreement) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Tuesday 21st January 2020 Lords Chamber

[Baroness Butler-Sloss]

My Lords, I have put my name to this amendment. A few days ago, we discussed Clauses 21 and 26, as referred to by the noble Lord, Lord Howarth, which people called a constitutional outrage. This is far, far worse. As a constitutional issue, Clause 41(1) takes the Government into realms which, in the years that I have been in this House, I have never seen before.

The noble Baroness, Lady Kramer, set out most of what I wanted to say, putting it rather better than I would have. There is not a great deal else to say, but if the Government are going to say, as I am sure they will, that they do not propose to use these powers, other than to a very limited extent, the short answer to that, speaking as a lawyer, is, “Why have them here?” Why put something so unbelievably wide, which could apply to any law enacted in the past until the end of this year, into the withdrawal Bill if they do not intend to use it?

As the noble Lord, Lord Howarth, said, it is not his—or my—intention to get rid of this objectionable clause but purely to alleviate it, so that if the Government require to make such provision in consequence of the Bill, at least we can look at it. If the Commons can get over its majority of 80, it could look more critically at the legislation to see whether it is really what is wanted and look, with the affirmative resolution, at what is being offered by the Government. Therefore, I support the amendment. It needs to be brought forward to both this House and the other place, because this Clause 41 really is beyond belief.

[Lord Callanan]

My Lords, we have reached the final amendment. I thank the noble Lord, Lord Howarth, and the noble and learned Baroness, Lady Butler-Sloss, for their comments and for setting out their positions. I understand the concern of noble Lords about the parliamentary procedure attached to the consequential power in Clause 41. We have already noted these concerns; noble Lords in other debates have raised them and we all read closely the reports of the Delegated Powers and Regulatory Reform Committee and the Constitution Committee. I addressed many of these points last week, when I spoke to the amendment in the name of the noble Lord, Lord Tope. I hope today to provide similar reassurances to the noble Lord, Lord Howarth. I agree with so many of his points on EU withdrawal, although perhaps not this one.

As noble Lords are aware, consequential powers are standard provisions in legislation, even legislation of great constitutional significance, such as the Scotland Act. If noble Lords look at Schedule 5 to the Bill, they will see that we have already included many of the consequential amendments required as a result of the Act. However, we also believe that we need a power to make further consequential provisions to the statute book.

I am aware that the noble Lord, Lord Howarth, yesterday asked for assurance about why the consequential power in Clause 41 is subject to the negative procedure. I understand the noble Lord’s concern but reiterate that the power is limited to making amendments that are consequential to the contents of the Act. Its scope is very different from the powers discussed over the last 10 days by my noble friends Lady Williams and Lord Duncan, which will be used to implement the withdrawal agreement. It is in everyone’s interest that the statute book functions effectively. Moving the consequential provision to the affirmative procedure would frustrate the ability of departments to make the necessary consequential changes before exit day and could lead to legal uncertainty. I hope noble Lords agree with me that this is not the appropriate course of action.

This procedure is limited to giving Ministers the power to make regulations that are in consequence of the Act, like consequential powers in many other pieces of primary legislation. This power will be construed strictly by the courts. It can be used only to make amendments that are appropriate to legislation in consequence of something that the Act does. I am sure noble Lords agree that the use of the negative procedure does not prevent parliamentary scrutiny taking place. Members of this House will still have the opportunity to pray against regulations, should they consider them inappropriate, as is usual for regulations of this kind. I hope I have provided the necessary reassurances to the noble Lord and that, as a consequence, he is able to withdraw his amendment.

European Union (Withdrawal Agreement) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

Committee: 2nd sitting (Hansard continued) & Committee stage & Committee: 2nd sitting (Hansard continued): House of Lords
Wednesday 15th January 2020 Lords Chamber

[Lord Callanan]

It definitely concentrates the minds of both parties. As I said, it has been explicitly agreed in both the withdrawal agreement and the political declaration, as I have quoted, by us and the European Union.

It will ensure that we can move on with negotiating a future relationship with absolute clarity on the timetable. For this reason, the clause must stand part of the Bill. With regard to the questions of the noble Baroness, Lady Hayter, about the EEA and the Scottish Law Society, I will write to her.

[Baroness Butler-Sloss (CB)]

I am sorry to interrupt the Minister, but what has worried me in listening to this debate is what happens if there are impediments to negotiations from the other side which absolutely cannot be resolved by 31 December. Do the Government think that they may have to leave without a deal?

[Lord Callanan]

No. As I have just said, we very much hope that both sides will be able to reach an agreement. Both sides have committed to do so. I quoted the section in the political declaration whereby we and the EU have committed to getting the negotiations finalised and coming into force by the end of 2020.