Retained EU Law (Revocation and Reform) Act 2023 (Revocation and Sunset Disapplication) Regulations 2023

Baroness Suttie Excerpts

Tuesday 17th October 2023 Lords Chamber

[Lord Hacking (Lab)]

My Lords, are your Lordships not being given a quite impossible task today? I have made a rough count, and in Part 2 of Schedule 2 there are 56 Council decisions or regulations that are sought to be revoked. The Minister describes it in general terms, saying they are to be revoked because they are redundant, obsolete or inoperable, but we do not know the reasons behind these revocations; we have not had the opportunity properly to examine whether we agree that they should take place.

I will ask the Minister one simple question, referring to Part 1 of Schedule 2. The first measure to be revoked in its entirety is the Alcoholic Liquor (Amendment of Units of Measurement) Order 1992. The restriction on the use of alcohol seems to be something of importance. Will the Minister kindly tell us precisely why that particular legislation is sought to be revoked?

[Baroness Suttie (LD)]

My Lords, I thank the Minister for his explanation of these regulations. I agree with the Secondary Legislation Scrutiny Committee when it said in its short report that these regulations are an “eclectic” list of items to be reinstated and revoked. As the noble Lord, Lord Hacking, just said, it includes all sorts of things, including alcohol regulations. It covers a variety of departments, including the Northern Ireland Office; as the Minister said, it is deeply to be regretted that the Northern Ireland Civil Service, rather than a functioning Executive, had to make the decision to reinstate the three pieces of legislation relevant to Northern Ireland.

I also agree with the Secondary Legislation Scrutiny Committee and the noble Lord, Lord Hacking, that the Explanatory Memorandum is insufficiently detailed, stating merely, as it does, that the laws in question are either redundant or no longer effective. It is to be welcomed that, as the Minister said, there is now a direct link in the Explanatory Memorandum to the more detailed analysis, but it is important that these things are clear and easily accessible to the public, as well as to parliamentarians in this House and the other place.

The Government promised consultation and expert input on REUL reforms. Can the Minister update us on how departments are taking that commitment forward, including in the regulations we are looking at? The Minister will know that there are particular concerns regarding lack of consultation and progress on nutrient pollution and air quality. Can he update us on possible timescales and consultation processes for these two areas? Can he also say how the Government intend to approach assessing and mitigating the risks of changes to case law, which is so important for environmental protection?

My final comment is perhaps more for your Lordships’ House than for the Minister, but this secondary legislation from the original Retained EU Law (Revocation and Reform) Act is a very good example of where there should be post-legislative scrutiny within the usual framework for carrying out a PLS inquiry. There are important lessons to be learned for the future about the provision of effective parliamentary scrutiny and consultation with experts, which did not happen in the case of the original Act in the haste to get Brexit done and to get it on the statute book.

[Lord Leong (Lab)]

My Lords, I thank the Minister for the overview and explanation of this statutory instrument. In this first use of the powers in the retained EU law Act, the tidying-up exercise involves the exercise of the Section 1 power to disapply the sunset and the Section 14 power to revoke 93 pieces of retained EU law that no longer have any legal effect for whatever reason.

First, on the use of the Section 1 power, the Government have identified four pieces of legislation that never should have been included in the revocation schedule. This is extremely concerning. These instruments —two concerning the use of copper, one concerning merchant shipping regulations and one providing the legal vires to inform Northern Ireland and Gibraltar counterparts of the outcome of roadworthiness inspections —may not be the most significant pieces of legislation we have but they each play an important legal role.

Without the cross-party efforts of the House in improving the Act, these instruments would almost certainly have been lost at the end of the year, given that the further analysis required to spot these errors would have needed to take place on thousands, not hundreds, of instruments. Do the Government now accept that their initial unnecessarily reckless approach, borne out of internal party politics, was undoubtedly the wrong one?

Schedule 1 to the Act contained 587 instruments to be revoked at the end of 2023, to the extent specified there. I am sure the Government were 100% confident in this list when it was first drafted. We are now much closer to the end of the year and its looming deadline. Does the Minister seriously expect us to believe that now he really is confident that the revocation of the instruments on that list will not have any legal impact? Is the analysis that found the four errors I mentioned still ongoing or has it concluded?

The instrument also retains three pieces of legislation for Northern Ireland only relating to information provision and promotion measures concerning agricultural products. This again sounds somewhat minor, but their revocation would have represented a policy change, which would require agreement by Ministers in a non-functioning Executive. I am sure the whole House can see the constitutional risk, so is there any risk that proceeding as we are now will lead to such a situation? I assume that the Northern Ireland Civil Service will be examining this legislation continuously until and probably after it is revoked. If the Minister could share what he has been told by it on this matter, it would be very much appreciated.

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023

Baroness Suttie Excerpts

Wednesday 28th June 2023 Grand Committee

[Baroness Suttie (LD)]

My Lords, I thank the Minister for his very detailed explanation of these regulations. I have three questions—or requests for clarification—for him; some aspects have already been covered but I will none the less press ahead with them.

First, paragraph 7.4 of the Explanatory Memorandum states that the Health and Safety Executive Northern Ireland previously had responsibility for

“informing the Commission and other member States … where there are non-conformity products that may be on the EU market”,

but that this responsibility will now be passed to the Secretary of State. Why was this change considered necessary and why is the Secretary of State considered the most appropriate person to carry out that function?

My second question has to a large degree been covered by the noble Baroness, Lady Ritchie. I wanted to ask why there was no public consultation on these measures, not least with the businesses in Northern Ireland that are directly affected by these changes.

The Minister has largely already covered my third question, which is about an information campaign. Given that these regulations will introduce sanctions for non-use or improper use, it is extremely important that businesses affected by this are aware of the new rules. He said that there will be a website, if I heard him correctly. Are there also plans for a more proactive approach to reach out to companies that will be directly affected—companies exporting to Northern Ireland as well as businesses in Northern Ireland that will be directly impacted?

[Baroness Blake of Leeds (Lab)]

I thank the Minister for the full explanation, which is very much appreciated, and those in the Room for their questions. A few things have been covered that I was going to pick up, and I do not have a great deal more to add. As the noble Baroness, Lady Suttie, mentioned, I was intrigued by the arrangements of the health and safety aspects, particularly the responsibilities for the Secretary of State. I look forward to the answers on that. There are some interesting questions to answer around the consultation. With all these matters, some reassurance is needed on the changes around resources, how they will be managed and, particularly, how they will be monitored. I am sure that the Minister will pick up on the impact assessment in his closing remarks. The only other aspect is around whether there will be any impact on the way that implementation in Great Britain continues and whether this will have any particular impact on that: would there be any digression from the situation arising in Northern Ireland? With those comments, I look forward, with interest, to the Minister’s summing up.