European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019

Debate between Lord Callanan and Lord Hope of Craighead

Thursday 21st March 2019 Lords Chamber

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, I would like to address a point made by the noble and learned Lord, Lord Hope, during the debate on this SI on 4 March. I am happy to confirm that my department consulted the Scottish Government, and sought and secured their agreement to make the proposed amendments to the Interpretation and Legislative Reform (Scotland) Act 2010, as set out in Part 3 of the regulations. My department also consulted the Northern Ireland Civil Service in the absence of an Executive, securing its agreement on the proposed amendment to the Interpretation Act (Northern Ireland) 1954, as set out in Part 4 of the regulations. Officials in the Scottish Government agreed that the regulations do not require the formal consent of the Scottish Parliament. In November 2018, my colleague, Chris Heaton-Harris MP, the Parliamentary Under-Secretary of State for Exiting the European Union, wrote to Michael Russell MSP, the Cabinet Secretary for Government Business and Constitutional Relations in the Scottish Government, regarding the proposed amendments. No concerns were raised. I beg to move.

[Lord Hope of Craighead (CB)]

My Lords, I thank the Minister for clarifying a point which was left unclear in the Explanatory Memorandum. It is very important that these matters, in dealings with the devolved Administrations, are properly set out and clarified. I am extremely grateful.

European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019

Debate between Lord Callanan and Lord Hope of Craighead

Monday 4th March 2019 Grand Committee

[Lord Hope of Craighead]

I am grateful to the Minister. Has he answered both of my points? I had a question about Part 1 of the Schedule, which he has indeed answered, but my other point was on what in Part 3 of the regulations themselves relates to the Interpretation and Legislative Reform (Scotland) Act 2010. I was pointing out a defect in Paragraph 10.2 of the Explanatory Memorandum. From what the Minister has said so far, I am not clear whether he accepts that there is a defect in the wording of that paragraph. However, if there is, would the Minister accept that it should be more clearly worded, to make it clear that the Act referred to in Part 3 was the subject of express consultation as well? Furthermore, although I think one cannot now alter the Explanatory Memorandum, could he undertake, when this measure is introduced to the House, to make it absolutely plain that that particular step was taken, just so that we do not have to go over this ground again in the House itself?

[Lord Callanan]

The noble and learned Lord makes a valid point. It could have been clearer. I will look at it again with lawyers and officials, and we will come back to it in the House. On the Scotland interpretation legislation, some amendments were made in the EU withdrawal Act; these regulations make the consequential provision that the Minister considers appropriate in consequence of this Act. This includes further amendments to the Interpretation and Legislative Reform (Scotland) Act 2010, drafted together with the Scottish Government. But I take his point about the Explanatory Memorandum; we will have a look at it, and perhaps I can write to him and come back to it when we consider it further in the House.

My noble friend Lady McIntosh and the noble Baroness, Lady Hayter, raised the comments by my honourable friend Chris Heaton-Harris, and the question of why we do not deal with the non-ambulatory references and/or retrospective deficiencies in the devolved interpretation legislation. The principal purpose of the Act is to provide a functioning statute book. However, the Government and Parliament recognised at the time that it would not be possible to make all the necessary legislative changes in a single piece of legislation. That is why the Act conferred on Ministers temporary powers to make secondary legislation to enable corrections to be made to laws which would otherwise no longer operate appropriately once the UK has left, so that the domestic legal system would continue to function correctly outside the EU. I remember at the time we had extensive discussions about it. The noble Lord, Lord Beith, in particular was exercised about ambulatory references. There was discussion about the issue at the time.