Retained EU Law (Revocation and Reform) Bill

Baroness Andrews Excerpts

2nd reading
Monday 6th February 2023 Lords Chamber

[Baroness Andrews (Lab)]

My Lords, it is a great privilege to congratulate my noble friend on her marvellous maiden speech. It could not have been better. It was much anticipated, and she lived up to every expectation. It was inspirational, because that is the business she has been in all her life. Her speech told us as much about her character as her career and convictions and the way she lives her values. She spoke with huge authority about the long fight for fairness in the workplace and for equal rights, but she did not, because she is so modest, tell us about her own role over the years in achieving so much. She brings all that together with moderation and real-world knowledge, which is a winning combination in this House. Above all, as the first woman leader of the TUC, she knows what it takes to change things for the better, which is probably why her choice of discs on “Desert Island Discs” included Sam Cooke’s “A Change Is Gonna Come”. I think we had a taste of that in her maiden speech, and I am sure that is what we can look forward to in her role in this House. We are proud not just on these Benches; she will be an asset to the whole House.

I turn after that moment of optimism to the grim realities of the Bill in front of us. In the words of one Minister in this House, the scale of the task it represents against a disingenuous and unachievable timeline is “herculean”. The deliberate risks that the Government are prepared to take in the face of huge public anxiety, with the rush to the cliff edge over which many vital laws will be thrown because they will be misjudged and misplaced—just lost in chaotic processes—are unconscionable.

The Bill tells us nothing. The Delegated Powers and Regulatory Reform Committee has had to invent a special term for it: “hyper-skeletal”. It seems to be just a bundle of twitching nerve ends. As for being surprised that there are so few impacts, how can they be assessed? Nobody knows or can predict at this moment which laws will survive or not, or why, whether and how they will be replaced or amended. We are looking at a dystopian future when we will know how bad the damage is only when it is done and it is too late to put it right. The president of the Law Society describes this dislodging of the law as “devastating”.

Some things are certain: first, that the task of choosing the fate of SIs has been delegated to civil servants across Whitehall, who will in effect have the power to decide on behalf of Wales and Scotland as well. Secondly, of course, as many noble Lords have referred to, the Bill gives Ministers undreamed-of powers to abolish and make laws without accounting for how they will work, powers that are justified, frivolously, as being driven by urgency—the only urgency being ministerial ambition and, clearly, the electoral timetable. In its report, the DPRRC simply calls for the removal from the Bill of those clauses which give excessive powers to Ministers. I hope the House will support that; does the Minister intend to follow the recommendations of the DPRRC?

Further, the Bill attacks the devolution settlement in principle and practice. Ministers in Wales and Scotland have not been consulted and they cannot extend the sunset clause. The Bill fundamentally invites and accelerates divergence and, with it, the further fragmentation of the UK. It includes the possibility of a UK Minister making regulations that impact on policy areas that have been devolved, with no requirement to consult or consent. It is hardly surprising that Wales and Scotland may well withhold consent.

Common frameworks have already been touched on—I speak personally this afternoon and not as chair of that committee. They are the positive and practical expression of how the union is building co-operation as the four countries work together across the internal market, enabling each country to make different choices without disruption. They affect everyday life, for everything from environmental safety to public health. They are underpinned by a cat’s cradle of hundreds if not thousands of complicated, interrelated SIs. Ministers tell us that if anything should go wrong with the judgment afforded these SIs, the disputes process in the frameworks will resolve any future problems. That is nonsense. If common frameworks are destabilised, there will be greater threats to the internal market and the devolution settlement. Will the Minister answer my other question tonight? Does he intend to press ahead with the Bill without the consent of Wales and Scotland, and will he, for safety’s sake, exempt common frameworks from the Bill entirely?

The explanatory memorandum says that the Bill is intended to return lawmaking powers to Parliament—a travesty of language and logic. The Bill empowers Ministers to make laws while leaving Parliament powerless. It is indefensible and must be changed in this House.