Retained EU Law (Revocation and Reform) Bill

Debate between Baroness Neville-Rolfe and Lord Hamilton of Epsom

Committee stage
Monday 6th March 2023 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

Before the Minister leaves the question of allowing Clause 10 to stand part, I am surprised at her disagreement with the Delegated Powers and Regulatory Reform Committee—a dangerously radical body containing wild revolutionaries such as the noble Lords, Lord Janvrin and Lord Goodlad, and the noble Earl, Lord Lindsay. Their view was clearly set out in their report: that Clause 10

“effects a significant transfer of power to Ministers”,

contrary to what was set out in the European Union (Withdrawal) Act 2018. The Act said it would be for Parliament to decide changes in primary legislation, rather than for Ministers to do so in secondary legislation.

I understand the argument the Minister is making, but it is not one likely to find much support across the House. We think we have a role in deciding what should be on the statute book; it is not simply for the Executive. I can see the point made by the noble Lord, Lord Hamilton—yet another dangerous radical—that it will take time so there will be, in a sense, continuing uncertainty. This is why I support an extension of the sunset deadlines—although that is not a sufficient cure, I think it is a necessary one for the Bill. But the noble Lord has to recognise that there is huge uncertainty now for economic operators across the country: they do not know which laws are to be amended, which are to be retained and which are to be extinguished. Once we know, perhaps it would be sensible to discuss how long it will take to make the necessary changes.

[Lord Hamilton of Epsom (Con)]

Surely the thing that concerns businesses is how legislation is going to be amended, not whether it is or not.

[Baroness Neville-Rolfe (Con)]

I thank the noble Lords for their interventions. I did say that I understood the concerns of the Committee. I was trying to explain that, in this particular case, we need to go forward with the arrangements we have because of the situation the EU law of 2018 has left us in and the need to tidy up the statute book, which, otherwise, would take decades to do.

Amendments 115 and 116 in the name of my noble friend Lady McIntosh of Pickering would insert a requirement to consult any interested persons or relevant devolved Governments before any secondary retained EU law could be revoked or replaced. Amendment 115 would require that no regulations may be made under Clause 15(2) unless Ministers comply with a set of conditions, including a requirement to consult any interested persons in relevant devolved Governments before any REUL can be revoked or replaced. Amendment 116 would insert the same consultation requirements regarding regulations made under Clause 15(3). These amendments would hinder the efficient removal of outdated and unnecessary burdens and regulations and their replacement with regulations that are more fit for purpose.

Furthermore, we have sought, as I have explained, to ensure that the Bill contains robust scrutiny mechanisms, including for the powers to revoke or replace. In particular, the sifting procedure will apply to those regulations proposed to be made under the negative procedure. The sifting procedure largely corresponds with the procedure under the EUWA and the European Union (Future Relationship) Act 2020. In both cases, sifting has been effectively used to ensure proportionate parliamentary scrutiny of legislation regarding EU exit. We are scheduled to debate the sifting procedure in more detail on Wednesday, and obviously I look forward to that debate. In addition, it is our expectation that the departments concerned will follow standard procedures regarding consultation and engagement with the devolved Governments during policy development, so I do not consider adding a requirement to consult on the face of the Bill to be appropriate or necessary.

Amendment 128, tabled by the noble Baroness, Lady Ludford, would create a new clause introducing additional restrictions on the use of powers under Clauses 15 and 16. Among the proposed extensive conditions is a requirement that Ministers provide a report outlining an assessment of the potential impact of proposed new regulations. This would include the difference between current and proposed new regulations for protections for consumers, workers, businesses, the environment, animal welfare, any changes to the regulatory burden, and whether the UK’s international commitments to the trade and co-operation agreement and the Northern Ireland protocol continue to be met. Such conditions are unnecessary. The Bill has been drafted to ensure that legislation made under these powers is subject to scrutiny procedures that are proportionate to the scope of the powers. It is our expectation that departments will follow the standard procedures for consultation and impact assessment where it is undertaken. Adding these conditions would significantly delay the process of REUL reform, impact departments’ delivery plans and could prevent departments maximising the use of the powers in Clauses 15 and 16.

Before coming to the sunsets, I turn to Amendment 129, tabled by the noble Lord, Lord Krebs, which seeks to add a clause to the Bill introducing additional restrictions for food standards legislation. It is only right to have powers in the Bill which will help put the UK statute book on a sustainable footing. The powers will facilitate the much-needed review and reform of outdated retained EU law that not is fit for the UK, and they will ensure that we can capitalise on the benefits of Brexit. As I have said, the powers to amend are not intended to undermine the UK’s already high food standards. I say again that this Government are committed to promoting robust food standards nationally and internationally, so that we can continue to protect consumer interests, facilitate trade and ensure that consumers can have confidence in the food they buy. I also value the work of the food standards agencies, for all the reasons the noble Lord, Lord Krebs, has outlined, but that is not a reason to amend this general Bill.

To respond to the noble Lord, Lord Krebs, the Hansard that he referred to reflects the position that retained EU law that needs to be kept will be preserved. The FSA is saying publicly that retained EU law on food standards should be preserved. It is for the relevant department—the Department of Health—and the devolved nations to decide whether retained EU law in their area should be preserved. Therefore, I humbly suggest that the two statements are not in conflict.

House of Lords: Party Balance

Debate between Baroness Neville-Rolfe and Lord Hamilton of Epsom

Monday 9th January 2023 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, does my noble friend share my concerns about the House of Lords Appointments Commission, which seems to give us Cross Benchers that vote 80% of the time with the Opposition?

[Baroness Neville-Rolfe (Con)]

My noble friend is right. The HOLAC indeed makes a contribution through the Peers that it recommends. In fact, 74 such Peers have been recommended since the year 2000. However, this debate is on other nominations as well. Of course, they come together to give the service that we provide constitutionally to the country by scrutinising and revising legislation, which is what we need to do. We need expertise and vigour on these Benches to do just that.

COP 27

Debate between Baroness Neville-Rolfe and Lord Hamilton of Epsom

Thursday 27th October 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

On the 30%, there is obviously lots to do. I believe that 100 countries have now signed up. We have been very good at leading other countries and trying to get them involved in these matters. Obviously, it is work in progress. The UK is recognised as a global leader on many aspects of climate change. Our emissions reduced by 47% since 1990, and we have a stretching NDC, but, perhaps most of all, we are the first nation to legislate for net zero by 2050.

[Lord Hamilton of Epsom (Con)]

Does my noble friend accept that COP 27 is unlikely to be a success as long as India and China go on building coal-fired power stations and increasing the amount of CO₂ in the atmosphere, whatever we do in this country?

Channel 4

Debate between Baroness Neville-Rolfe and Lord Hamilton of Epsom

Thursday 10th December 2015 Lords Chamber

[Baroness Neville-Rolfe]

My Lords, we are looking at Channel 4 objectively to see whether it is meeting its remit properly and whether there are changes that need to be made to the remit or its distribution. Of course, as the Prime Minister said, we need to ensure that the great channel goes on being great for many years to come. It is perfectly okay to review things.

[Lord Hamilton of Epsom]

My Lords, is it not possible that if Channel 4 was privatised, it might be run more efficiently and have even more money to spend on quality programmes?

[Baroness Neville-Rolfe]

My noble friend is entirely right that looking at how things can be run efficiently—taking advantage of technological advances, for example—is a key point in the kinds of reviews that we do in the media sector.

BBC Charter Review

Debate between Baroness Neville-Rolfe and Lord Hamilton of Epsom

Thursday 16th July 2015 Lords Chamber

[Baroness Neville-Rolfe]

The noble Lord makes a good point but the world is changing. The whole television, radio and online world is changing, and online is part of this review. We need to look at models and ways in which income might be raised as well as by the licence fee. This is an open review and there are different views. I remind noble Lords that the BBC has a 35% market share of the TV audience. In March, the top 10 most popular programmes were BBC programmes, although I think that that is partly down to the “Poldark” effect. However, we have a big responsibility to make sure that money is provided in the right way for the BBC and that it is spent in the right way.

[Lord Hamilton of Epsom (Con)]

My Lords, before the Green Paper came out, the idea was floated that it might be a good idea to pool the licence fee and for the BBC and other television production companies to bid for parts of it so that they could make quality public-interest programmes. Is that option still a runner?

[Baroness Neville-Rolfe]

My noble friend will be interested to know that I made a brief reference to that in the Statement. I think it is called contestable funding. It is part of the consultation and it would in principle allow new entrants, such as small Welsh production companies, to play a greater part in the creation of TV and radio programmes and online content in the future.