Retained EU Law (Revocation and Reform) Bill

Debate between Lord Pearson of Rannoch and Baroness Meacher

Report stage
Monday 15th May 2023 Lords Chamber

[Lord Pearson of Rannoch (Non-Afl)]

My Lords, I ask noble Lords who support Amendment 2 how it is that they now wish to involve Parliament and our democracy in getting rid of these laws when they were perfectly happy to see them imposed in a wholly anti-democratic process. I describe it as such because all the laws which the Government now wisely wish to cancel were proposed in secret in the European Commission. Their national interest was then negotiated in secret in the Committee of Permanent Representatives, after which they were signed off in the European Council and Parliament, which could not change them. Our Select Committees could indeed scrutinise a tiny sample of them, or even recommend them for debate in the Commons or Lords, but, once those debates, which could not change them, had taken place, they became our law. So why do the proposers and friends of Amendment 2 now wish to subject the process of their abolition to our democratic processes? And, talking of which, what do they say about the fact that the Bill has already been through the Commons?

[Baroness Meacher (CB)]

My Lords, I want to make a single point. In his opening remarks, the Minister referred to the affirmative procedure as though it is a perfectly satisfactory way of dealing with these very substantial ministerial powers to deal with retained European law. As a former member of the Delegated Powers Committee, I want to say that that is absolutely not the case. Under the affirmative procedure, Parliament has no power to amend any proposals coming from Ministers. It is therefore absolutely essential that this House approves Amendment 2 in the names of the noble and learned Lord, Lord Hope, and others. I very much hope that it does so.

[Lord Pearson of Rannoch (Non-Afl)]

My Lords, I am sure that the House will approve Amendment 2. I am not sure that the noble Baroness grasped the point I was trying to make, so, if I may, I will finish it.

I accept that the Government were in danger of biting off more than they could chew with their original proposals but those now seem eminently achievable, especially if our civil servants rise to the occasion in identifying the EU laws that we might want to retain—very few, I submit, so the effort should not exhaust them too much. But perhaps the Daily Telegraph was right in its headline on 10 May, which read:

“Whitehall ‘blob’ thwarts bonfire of Brexit laws”.


I support the whole Government wholeheartedly in their endeavours.