Retained EU Law (Revocation and Reform) Bill

Debate between Lord Pannick and Baroness Meacher

Consideration of Commons amendments
Tuesday 20th June 2023 Lords Chamber

[Lord Pannick (CB)]

My Lords, the noble Lord, Lord Hodgson, makes a very strong case that the House of Commons is dealing with this as a matter of politics rather than of principle. I draw precisely the opposite conclusion to that of the noble Lord: it is precisely for that reason that we should send the matter back. We should emphasise, as the noble and learned Lord, Lord Hope, did, that this is a matter of constitutional principle. It is not a matter of whether you support Brexit or you do not support it. It is not a matter of politics, and we should respectfully invite the other House to focus on what we see as the real constitutional issues that lie behind the Motion proposed by the noble and learned Lord, Lord Hope.

[Baroness Meacher (CB)]

My Lords, I support the amendments tabled by the noble Lord, Lord Krebs, and the noble and learned Lord, Lord Hope, but in doing so I want to put on record, as a former member of the Delegated Powers Committee, my objection to the Government’s rejection of Amendments 42 and 42B, which proposed a very reasonable process, enabling both Houses of Parliament to debate, vote and make amendments to regulations, but only if those regulations involved a substantial change to the law. The Government’s reaction to Amendments 42 and 42B is yet another example of their determination to bypass Parliament as far as possible and enable substantial law changes to be made by Ministers through delegated powers without the ability of Parliament to make any amendments.

The new amendment tabled by the noble and learned Lord, Lord Hope, is very modest indeed: it applies only to draft Clause 15 regulations, the broadest delegated powers in the Bill. Also, although Parliament will be able to recommend amendments to the regulations, it does not enable Parliament to amend those regulations, only to accept or reject them. Justice takes the view that the amendment tabled by the noble and learned Lord, Lord Hope, is a proportionate and necessary compromise, and should be supported.

Arrangement of Business

Debate between Lord Pannick and Baroness Meacher

Wednesday 27th March 2019 Lords Chamber

[Baroness Goldie]

I would like to answer that factually to the noble Lord, but I have not had a chance to peruse the report in detail. A bit of paper was waved before me, but as to its contents I cannot comment further. I have put the Motion to the House.

[Baroness Meacher (CB)]

I am a member of the Joint Committee on Statutory Instruments, and coming from our meeting this afternoon, I can say very clearly what is the conclusion of the Joint Committee and I do not think that noble Lords need half an hour to read it. The committee agreed that the statutory instrument ensures that the position in international law is exactly replicated in UK law in accordance with the European Communities Act 1972. The Joint Committee on Statutory Instruments considered the SI at our meeting today and found no reason to doubt the vires of the instrument. I understand that that is all the committee will be communicating to the House.

[Lord Pannick]

I apologise to the Joint Committee: I should have said one paragraph.