Retained EU Law (Revocation and Reform) Bill Debate

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Retained EU Law (Revocation and Reform) Bill

Graham Stuart Excerpts
Tuesday 25th October 2022

(2 years, 1 month ago)

Commons Chamber
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Graham Stuart Portrait The Minister for Climate (Graham Stuart)
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It is a great pleasure to wind up this debate, and to see how much this legislation has wound up Opposition Members. The way they tell it, there seems to be almost no area of our life that this enabling piece of framework legislation will not negatively affect. Exaggeration, hyperbole—collectively, they have managed not to use any form of understatement whatever. The only thing stinkier than the arguments coming from the Opposition would be the hon. Gentleman’s socks, if he really does wait that long to change them.

As my hon. Friend the Minister for Enterprise and Markets said, the Bill is a crucial part of the Government’s growth agenda. This is at the heart of the opposition to the Bill. The good thing about the separatists is that they do not hide their detestation of the fact that British people take part in referenda, and they do not like the results. They never like the results when the people have their say, do they? They just cannot accept it. The Bill will enable us to reassert the legislative sovereignty of the United Kingdom—a country that they do not approve of—and to improve the nimbleness and competitiveness of the UK economy. That is what the Bill is all about.

I thank Members for their contributions regarding the constitutional importance of the Bill. Ending the supremacy of EU law and restoring an Act of Parliament as the highest law in the land is of paramount importance. I am proud that the Bill will build upon the European Union (Withdrawal) Act and ensure that no Act of Parliament is subordinated by retained EU law, which we heard again and again that Opposition Members detest—they hate the idea that we should be a sovereign Parliament, and they detest the fact that British people voted to leave the European Union.

Let me deal with some of the arguments that have been made. I would like to reassure you, Mr Deputy Speaker, and Members that environmental protections will be enhanced, not diminished. It is worth saying that again: environmental protections will be enhanced, not diminished.

Joanna Cherry Portrait Joanna Cherry
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Will the Minister give way?

Graham Stuart Portrait Graham Stuart
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We have heard quite enough from Opposition Members, with their exaggerated declarations and scaremongering, and I will answer the points that have been raised.

I am deeply proud of the Conservative tradition of supporting the environment, supporting high standards of food safety and animal welfare, which my hon. Friend the Member for Crawley (Henry Smith) rightly raised, and supporting clean water. As a Minister, I can no longer be a member of the Conservative Environment Network, but as a former member and supporter, I am delighted that it has looked at the Bill and that we are engaging with those members and ensuring that any questions are responded to. The whole of the UK, not just England, is a green and pleasant land, and this Government’s policies for the environment will keep it that way. We will ensure that environmental law works for the UK and improves environmental outcomes. That is why we are committed to reviewing retained EU law, to ensure that the UK regulatory framework is appropriate and tailored to the UK.

The Bill does not change the Environment Act 2021, and we remain committed to delivering our legally binding target to halt nature’s decline by 2030. It was us who put that into law. The hon. Member for North Down (Stephen Farry) suggested that we are some sort of regulatory inferior to the US and the EU. It is this country that brought forward the Climate Change Act 2008. It is this country that brought forward contracts for difference for renewables, for instance. It is this country that has cut its emissions by more than any G7 nation. It is this country, this party and this Government who have delivered that, and I will not allow the hyperbole, the exaggerations, the mistruths and the untruths from Opposition Members to remove that fact.

Similarly, it was claimed by the right hon. Member for Hayes and Harlington (John McDonnell) that the Bill will lead to a bonfire of workers’ rights. That could not be further from the case. We are proud of the UK’s excellent record on labour standards. It was a Conservative Government that raised domestic standards over recent years to make them some of the highest in the world. We have a long-standing track record of ensuring that workers’ rights are protected, which we will continue. It is, frankly, craven of Opposition Members to suggest that this country, this Parliament and this Government cannot be trusted.

Jonathan Reynolds Portrait Jonathan Reynolds
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You can’t be trusted!

Graham Stuart Portrait Graham Stuart
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I understand why the hon. Member for Stalybridge and Hyde (Jonathan Reynolds) points his finger and tries to attack my party, but we are the party that has delivered those environmental protections. It is this party that has delivered improved workers’ rights. In line with the UK’s track record, we will seek to modernise our regulations, including on workers’ rights, ensuring that unnecessary burdens are minimised and that vital protections continue to be upheld.

I will now turn to devolution. A number of Opposition Members have, predictably, declared that the Bill is some form of Westminster power grab. That is not the case. The six powers in the Bill are conferred on the devolved Governments, so they will be able to exercise powers to amend retained EU law within their existing devolved competence.

Graham Stuart Portrait Graham Stuart
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I urge the devolved Governments, including that of the party of the hon. Member for Argyll and Bute (Brendan O’Hara), to seize that opportunity and look at creating better regulations that are better suited to Scotland, Wales, Northern Ireland and England —to the whole of this United Kingdom.

Brendan O'Hara Portrait Brendan O’Hara
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Will the Minister give way on that point?

Graham Stuart Portrait Graham Stuart
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My hon. Friend the Under-Secretary of State for Business, Energy and Industrial Strategy was generous in giving way earlier. If the hon. Gentleman sits down and stops shouting, he may get a response to the points that he and his colleagues raised.

This Bill is the opposite of a power grab. It empowers the devolved Governments to make the most of the opportunities that Brexit provides; it is a shame that the hon. Gentleman’s party insistently tries to make out that there are none. It is my sincere hope that his party now uses the Bill to focus on improving the lives of its constituents rather than—

Brendan O'Hara Portrait Brendan O’Hara
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Will the Minister give way?

Graham Stuart Portrait Graham Stuart
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The hon. Gentleman may shout—well, he may not shout, under the rules, but he shouts anyway. If he and his—

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. The Minister is not giving way. If he wishes to give way, he will let the hon. Member for Argyll and Bute (Brendan O’Hara) know.

Graham Stuart Portrait Graham Stuart
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I am normally generous in giving way but—am I allowed to use the word “hogwash”?—I have heard so much hogwash from Opposition Members during the debate that I feel that it is necessary to put straight the misrepresentations and, frankly, scaremongering that they have engaged in.

It is my sincere hope that Opposition Members, including those in the hon. Gentleman’s party, focus on improving the lives of their constituents—not on rehashing the debates of 2016 or indeed 2014. In both cases, as I remember, he saw a referendum result that he did not like and that, therefore, he has refused to accept.

The UK Government remain committed to respecting the devolution settlements and the Sewel convention. There are provisions in the Bill that engage the legislative consent motion process. In the light of that, we have sought legislative consent for the provisions from the Senedd, the Scottish Parliament and, if possible, the Northern Ireland Assembly. To that end, the former Secretary of State, my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg), and his officials met frequently with their devolved counterparts to discuss the Bill’s scope and overall policy and to address any concerns that they may have had. We will continue to do so throughout the Bill’s passage through Parliament.

Several hon. Members raised specific concerns about the impact on Northern Ireland. I reassure the House that we will stand by our international commitments. We will preserve, restate or reform retained EU law to uphold those international obligations.

On sunsetting, some hon. Members, including the right hon. Member for Leeds Central (Hilary Benn), questioned the need for a sunset and, again, used fairly hyperbolic language about its impact. A sunset is the quickest and most effective way to reform retained EU law. It provides a straightforward way for outdated retained law to be repealed, and provides Whitehall—not always the swiftest moving bureaucracy, as he knows as well as I do—with an incentive to review the law on its books. I am pleased to say that that will not start after the passage of the Bill; it is already going on. The sunset will ensure that retained EU law does not become an immutable legal category—much as some EU aficionados among the Opposition, who lost in that referendum, may wish it to be. Instead, it incentivises the genuine reform of retained EU laws in a way that will work best for the United Kingdom.

This does not, however, mean that we are removing all retained EU law. Retained EU law that is deemed desirable by the Government or, indeed, the devolved authorities will be preserved using a power in the Bill beyond the sunset date as “assimilated law”. Moreover, as my hon. Friend the Parliamentary Under-Secretary of State said at the beginning of this debate, retained EU law that is primary legislation is not within scope of the sunset. I am therefore happy to confirm that the Civil Aviation Act 1982, which the hon. Member for Walthamstow (Stella Creasy) was so concerned about— I do not know if she is in her seat—

Stella Creasy Portrait Stella Creasy
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I’m here!

Graham Stuart Portrait Graham Stuart
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Great. I am pleased to give the hon. Member the reassurance that that Act will not be in scope of the sunset.

It has also been suggested by the hon. Member for Stalybridge and Hyde that sunsetting risks creating a legal vacuum. I do not believe this is the case. We are thoroughly reviewing all retained EU law, and establishing plans of action to ensure that the regulatory environment is substantially improved for the UK. The Bill and the use of its delegated powers will ensure there are no legal vacuums. Where it is desirable to do so, we will introduce new regulatory frameworks, and where the current laws and regulation work well, we will ensure their ongoing function. Finally, where it is necessary, we can utilise the extension power to allow more time for review.

William Cash Portrait Sir William Cash
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Will my right hon. Friend give way?

Graham Stuart Portrait Graham Stuart
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I will—[Hon. Members: “Oh!”] I will give way to my hon. Friend.

William Cash Portrait Sir William Cash
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Does my right hon. Friend agree that the worst possible degree of uncertainty would be the case if we had two separate sets of law? The most important thing is to have one statute book, governed by the same principles and by the same methods of interpretation by our courts.

Graham Stuart Portrait Graham Stuart
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And that, after all, is what UK sovereignty is all about.

I do urge Opposition Members to recognise that this is a framework Bill. It is not going to deliver any of the negative outcomes they have been predicting. Indeed, it will do the exact opposite. It will enhance our animal welfare, it will enhance our environmental protections and it will enhance workers’ rights.

Question put, That the amendment be made.