Retained EU Law (Revocation and Reform) Bill

Debate between Baroness McIntosh of Pickering and Lord Hamilton of Epsom

Committee stage
Monday 6th March 2023 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I will speak to Amendments 104, 115, 116, 122, 124 and 125 in my name, and in support of Amendment 141 in the name of the noble and learned Lord, Lord Hope. Amendment 104 again substitutes the end of 31 December 2028 in place of 2023, as the statutory deadline, to enable more means for the Government or any of the devolved Administrations to consult, to analyse the results of such a consultation and to prepare legislation. This would also enable Parliament or the devolved legislatures to consider and pass the legislation. By the time the Bill receives Royal Assent, there simply would not be enough time, given the parliamentary recesses in place, to conclude such an exercise. So, in my humble submission, the deadline needs to be extended to allow time for proper legislative practice to be completed.

Amendment 115—

[Lord Hamilton of Epsom (Con)]

Before my noble friend proceeds to the next amendment, she has gone on about the uncertainty created by revising this legislation, but surely the longer the period you create to consider all of that, the more uncertainty you cause.

[Baroness McIntosh of Pickering (Con)]

I would agree with my noble friend if we knew which bits of REUL were being repealed, which were being revoked and which were being reformed—but, as we speak, we do not. As we know, many devolved measures are simply not on the dashboard at the moment, which makes that time even more unacceptable.

Amendment 115 requires a “relevant national authority” or “Minister of the Crown” to consult those who may be affected by regulations under Clause 15(2) before making them. All relevant national authorities will be required to publish the results of this consultation. The idea is to oblige the Minister of the Crown to consult the devolved Administrations before making regulations that concern them.

Amendment 116 makes similar provisions under Clause 15(3), so the same comments apply there. Amendment 122 also extends the statutory deadline from 23 June 2026 to a similar deadline of 31 December 2028, allowing more time than permitted under the present deadline to ensure that all legislation which will be encapsulated will be covered through a consultation, and to allow time for consulting and analysing the results of such a provision. Amendments 124 and 125 are simply consequential to that.

I do not know if the noble Baroness, Lady Meacher, will speak to Amendment 141 in the name of the noble and learned Lord, Lord Hope, but I conclude by saying that I support his amendment, to which the noble Baroness, Lady Humphreys, has added her name. I welcome the fact that the

“amendment modifies the powers conferred on Ministers of the Crown when making regulations in devolved areas under this Schedule so that the power may only be exercised with the consent of the Scottish or Welsh Ministers.”

I hope that my noble friend the Minister, when summing up, will look favourably on those amendments in this group.

Procedure and Privileges Committee

Debate between Baroness McIntosh of Pickering and Lord Hamilton of Epsom

Monday 14th December 2020 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, I address the House from the Cross Benches, not because I have suddenly decided to join them but because there is so much enthusiasm from my Conservative colleagues to contribute to this debate that I did not have anywhere else to sit. I also have worries about trying to join the Cross Benches; I do not think I am left-wing enough.

I am still smarting under the blow of the internal market Bill, when we were told in no uncertain terms that the Government were acting illegally regarding the withdrawal agreement. I opposed the noble and learned Lord, Lord Judge, at that point, because I had been told by my noble and learned friend Lord Keen, the former Advocate-General for Scotland, that it was legal. We therefore had a disagreement between two very distinguished lawyers over what was legal and what was not in that Bill.

We are back in this situation now. Legal advice is being given that it is all right to delay these by-elections, while other legal advice would tell you that it is not all right to go against an Act of Parliament and a statute saying that these by-elections should be held. The problem with lawyers is that they are liable to back whichever side happens to suit them at the time. I would not describe the noble and learned Lord, Lord Judge, as hypocritical, but I would call him inconsistent. The House should seriously consider its different views on legality in this case.

[Baroness McIntosh of Pickering (Con)]

I suppose I will be described as a “lefty lawyer”, but I would like to change the subject. I welcome the provisions in the fifth report of the Procedure Committee relating to Questions, which are eminently sensible and practical. Could it also look at Questions for Written Answer which have not been answered for 10 days or more? There are some 113 such Questions on the Order Paper today; this should be addressed as a matter of urgency.