Retained EU Law (Revocation and Reform) Bill

Baroness Crawley Excerpts

Committee stage
Wednesday 8th March 2023 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I will add a brief word on two of the amendments, because I agree with everything that has been said but do not wish to prolong the debate. I wish to say something about Amendments 135 and 143 as, in my view, they go to the spirit of the union. I know that the noble Baroness the Minister has done much to try to ensure that we are governed in a union where there is respect and equal treatment. I thank her very much for that. I also welcome the attitude of the Prime Minister, which is in complete contrast to that of the last but one Prime Minister.

The spirit of the union is encapsulated in both these amendments. First, on Amendment 135, if something is devolved, please get consent. That seems a matter of ordinary courtesy that strengthens the union. It is not a big ask. Secondly, on Amendment 143, why should the Welsh and Scottish Ministers not have the same powers? The answer was given by the noble Lord the Minister to a similar question I raised. Although the Government may not say what they are going to do, I very much hope that they look at these amendments as showing a determination to govern our union in the spirit of co-operation, equality and respect.

[Baroness Crawley (Lab)]

My Lords, I support this group of amendments, particularly, as a member of the Common Frameworks Scrutiny Committee, Amendment 117, which tries to tease out the application of common framework agreements to retained EU law and how they will be impacted by the Bill. These frameworks work right across the devolved Administrations, as noble Lords have said, and are underpinned by retained EU law. As my noble friend Lady Andrews has said during Committee, that underpinning is a cat’s-cradle of hundreds if not thousands of complicated and interrelated SIs. How much instability will the Bill, and its obvious legal uncertainties, bring to the common framework agreements between the devolved Administrations?

The noble Baroness, Lady Neville-Rolfe, wrote to the noble and learned Lord, Lord Thomas—and to all of us, in fact—to answer several questions. We appreciate that. One of the questions was on methodology. What competence do the UK Government have to affect the methodology of seeking retained EU law within the devolved Administrations?

[Lord Dodds of Duncairn (DUP)]

I rise briefly to follow the noble Baronesses, Lady Ritchie and Lady Suttie, on Amendments 119 and 127. I thank them for casting a spotlight on the situation for Northern Ireland, which is now more complicated than ever. As was said by the noble Baroness, Lady Suttie, there is a danger of a change inadvertently being made.

In the Minister’s response, could she clarify the situation pertaining to the law in Northern Ireland? We have laws that will be affected by this legislation, as it will disapply whole swathes. As the noble Baroness mentioned, this will pose a great burden on the Civil Service and could lead to a situation at the end of the year when it is not clear who is responsible for making change. If the Assembly is not restored, it is likely to lead to Ministers here having to step in, in a considerable number of areas.

I do not expect a full answer in this Chamber today, but at some point it would be helpful for the Minister to write to us, and place a copy of that letter in the Library, to set out which laws pertaining to Northern Ireland are affected by this legislation and which are exempted because of the necessity that they remain to give effect to the provisions of the withdrawal Acts or to implement the Northern Ireland protocol. Which laws then apply directly to Northern Ireland as a result of annexe 2 to the protocol—the 300 areas of law?

Then we have the body of laws which have been applied —hundreds of regulations—under the dynamic alignment since the 300 areas of law became statutory law in Northern Ireland: perhaps we could have a list of those. Then, perhaps—and I say this more in hope than expectation—we might get a list of the laws, said to comprise 1,700 pages, which will be disapplied as a result of the Windsor Framework.