Retained EU Law (Revocation and Reform) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading
Monday 6th February 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the sheer number of speakers is an indication of just how concerned Members of this House are about this legislation. At the time of the Brexit vote, the Government promised that reforming the laws previously vested in Europe would rest solely with Parliament, giving both Houses the opportunity to review legislation suitable for the country. However, what we have before us is the exact opposite: the power to restate, revoke, replace or update retained EU legislation will rest entirely in the hands of Ministers. That is neither what the public voted for in 2016, nor what was contained in the Brexit Bill of 2018. The DPRRC is damming in its 25th report; other speakers will doubtless refer to it.

There is widespread concern that the Bill, in its current form, does not have the support of environmentalists across the country. Given the earlier short debate on the environmental improvement plan, which promises much, it is disappointing that the Bill makes little attempt to support the EIP.

The Conservation of Habitats and Species Regulations 2017 protect more than 50 native UK species, many residing in special protection areas and special areas of conservation. These habitats will need protection if the UK is to meet its obligations under the GBF’s 30 by 30. Revoking this piece of legislation will have a catastrophic effect on endangered species.

In four minutes, it is impossible to deal with how concerned those involved in animal welfare, biodiversity, farming and food production are about the loss of legislation which has helped to protect our health and countryside. Some 44 existing laws concerning animal welfare could all be deleted by this Bill in a single stroke.

The NFU, while welcoming a review of retained EU laws, is very concerned at the speed with which it is proposed this will be carried out and that any EU-originated law that exists beyond 2023 will be referred to as “assimilated law”. It has disquiet that legislation will be discarded without a proper assessment, including vital stakeholder consultation.

Will the Government give firm assurances that this process can be undertaken with due care and attention, while properly involving stakeholders, in the short timeframe proposed? Will the Government also ensure that sufficient parliamentary oversight will be provided, given the significant impact on farming businesses, so essential to food production?

The Government’s dashboard gives a rough indication of the number of pieces of legislation to be dealt with. This started at 2,500 and has risen to over 3,500. Of these, Defra has the largest group of all. Some of the briefs I have received set this figure at 1,700. If we assume that the process of sifting through begins the moment the Bill finishes its passage in approximately mid-March, taking every sitting day from Monday to Thursday until 23 December—approximately 107 sitting days, excluding Fridays—and if Defra has 1,700 pieces of legislation to review in under 300 days and MPs and Peers have 107 sitting days to oversee the legislation and make any corrections necessary, it is quite clear that this quart is not going to fit into the pint pot and there will be very considerable spillage.