Retained EU Law (Revocation and Reform) Bill

Lord Judge Excerpts

2nd reading
Monday 6th February 2023 Lords Chamber

[Lord Judge (CB)]

My Lords, I think I am the only Member of the House who received this letter by special messenger. Having received it, I think I had better read it to your Lordships. It is from the Executive and it is called “Restoring Parliamentary control”. This is how it reads, ignoring the introductions:

“To achieve the object of restoring control back to Parliament, please would you surrender to the Executive powers to repeal or otherwise nullify or dispose of as we think fit some 4,000 or so statutory instruments of great public importance, such as employment laws, environment laws, food safety laws, et cetera (which covers existing laws of which we are still unaware)? These laws were imposed on us by the European Union, but we do have to admit that was with your consent in 1972 in primary legislation. In any event, that is a long time ago and we can reduce the troublesome processes of consent to a virtual formality which would save you all much time and work.

We shall exercise these new revocation powers by the end of the year, but we do not yet know what we shall replace them with. But if we do not manage to replace them or any of them, notwithstanding the urgency, we shall do so by June 2026 or whenever.

Now we must clarify the replacement process. Please would you also surrender to the Executive powers to decide which of three distinct processes may be used for the replacement process for each individual statutory instrument? These are: first, power to decide not to replace any of the relevant laws that we have revoked; secondly, on whatever basis that we think appropriate to replace such laws to achieve their or similar objectives; and, thirdly, to make fresh new laws to cover the topics addressed in the 4,000 or so statutory instruments which have been revoked and make alternative provisions, whether or not the provision achieves the same or similar objectives, as we think appropriate.

Finally, we ask you to surrender power to us to enable the use of secondary legislation to change any existing statute which may have any bearing on the exercise of any of the powers you have surrendered to us in relation to the 4,000 statutory instruments. PS Existing statute includes this very Act itself.

By agreeing to all these separate surrenders, Parliament will have taken back control. We trust you agree.”