Retained EU Law (Revocation and Reform) Bill (Eighth sitting)

Graham Stuart Excerpts

Committee stage
Tuesday 29th November 2022 Public Bill Committees

[Brendan O’Hara (Argyll and Bute) (SNP)]

I beg to move amendment 62, in clause 22, page 22, line 5, at end insert—

“(3A) But no provision of this Act, other than this section, may come into force in relation to Scotland unless the Scottish Parliament has passed a motion consenting to the Act.”

This is the last of the amendments in my name and that of my hon. Friend the Member for Glenrothes, but it is arguably the most telling, because it gets to the nub of everything that we have said about the Bill, while putting the Government on the spot about their commitment to the devolution settlement. The amendment says that none of the Bill’s provisions can take effect on areas of devolved competence unless and until the Scottish Parliament has consented to the Bill through the granting of a legislative consent motion.

I have mentioned on numerous occasions in Committee the seemingly endless stream of warm words on how valued, respected, appreciated and indeed cherished Scotland is by this place, and on how absolutely catastrophic it would be if we decided to leave this not-so-voluntary and not particularly precious Union. The amendment is a litmus test of that commitment to devolution. It would allow the Scottish Parliament to operate as it has done, and as it has always intended to, by giving it the power to decide on matters in a whole raft of policy areas—indeed, on everything that is not specifically reserved to this place. In that spirit, and mindful of everything said by the Prime Minister and others in the past week, I ask: is it too much to ask the Government turn that stream of warm words into action, to accept this amendment, and to prove to the growing band of doubters north of the border that the Government respect Scottish democracy after all? This is, in many ways, the last chance for the Government to secure their support and turn the tide. I wonder whether they will take it.

[The Minister for Climate (Graham Stuart)]

It is only right that all four nations of this United Kingdom should benefit from the ability to reform and amend retained EU law, so I reject the amendment. The Bill’s territorial scope is the whole UK. As such, all its key measures, including the sunset, will apply to the devolved Governments. That will ensure that we can amend or remove outdated EU-derived law that is no longer right for any part of the UK. The Bill is an essential piece of legislation that will enable the four nations of the UK to capitalise on the regulatory autonomy offered by our departure from the EU, and to fully realise the opportunities of Brexit.

[Peter Grant (Glenrothes) (SNP)]

Who is best placed to decide whether any of this retained EU law is in Scotland’s best interests? Is it the 5.5 million people who live in Scotland or the Minister?

[Graham Stuart]

I would have thought the hon. Gentleman would still be smarting from finding out—from the Supreme Court, no less—that all the exaggerated, hyperbolic claims made by the Scottish National party had no grounding whatever. If he was a true democrat, he would respect that once-in-a-generation opportunity taken by the Scottish people, in which they were asked if they wished to stay part of this Parliament and this United Kingdom; and they decided that, yes, they would. It is on that basis that I reject the amendment. I am pleased that the Supreme Court agreed with any other well-informed commentator—other than those specially selected by the Scottish nationalist party—that we are behaving in an appropriate way that fully supports and respects Scottish democracy, and will continue to do so.

[Peter Grant]

I genuinely and sincerely thank the Minister for the contemptuous way in which he has dismissed the demands of the people of Scotland, because he has added another couple of percentage points to their support for independence. Perhaps—appropriately, when we are discussing a Bill that is full of opportunities for the Government to change the law by mistake—he is single-handedly bringing independence day that wee bit nearer.

There is an important point here. The Minister claimed that in 2014 the people of Scotland were given the chance to decide our future. The chance to decide our future is not something we are given by some colonial overlord. The chance to decide our future is recognised in this place as a fundamental right, as, indeed, is the chance to decide whether the interests of Scotland are best served by a chaotic Brexit, as illustrated in this Bill, or by remaining in the European Union. I accept the Minister wants this country out of the European Union. It is time he respected that I want my country back in. If he wants to talk about the decision that was made in 2014—

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[Brendan O’Hara]

Again, I am not remotely surprised that the Government have rejected the amendment; they have rejected every single amendment we have tabled in the past six sittings, over three days. We have given the Government ample opportunity to respect the devolution settlement and for them to say to the Scottish people, “Yes, we respect your Parliament. We respect your democracy. We respect that you have the right to do things differently, as enshrined in the devolution settlement,” but they have rejected every single opportunity they have been offered.

My hon. Friend the Member for Glenrothes is absolutely right to say that Scotland is being denied democracy. This Bill, coupled with the UK Internal Market Act 2020, is a full-on assault on Scottish democracy. I will not push the amendment to a vote, but I will return to this issue on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Graham Stuart]

I beg to move amendment 7, in clause 22, page 22, line 9, at end insert—

“(b) the revocation of anything by section 1, or

(c) anything ceasing to be recognised or available in domestic law (and, accordingly, ceasing to be enforced, allowed or followed) as a result of section 3.”

This amendment provides that transitional, transitory or saving provision may be made in connection with anything sunsetted under Clause 1 or 3.

[The Chair]

With this it will be convenient to discuss clause stand part.

[Graham Stuart]

The amendment clarifies the power to make transitional provisions for the sunset. Transitional provisions regulate transition from the current law to the law as it will be when amended by the Bill. For instance, transitional provisions could be made to ensure that laws that will fall away after the sunset continue to apply to certain types of ongoing contracts after the sunset date, if the contracts were entered into on the basis of those rules applying. Consequently, the amendment ensures consistency for businesses and citizens following the sunset’s effects. That is highly important, given the roles the Bill will play as a key driver for growth. I trust the Committee will support consistency and growth for British business and citizens, and thus will join me in voting for the amendment.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

As the Minister just said, Labour will support growth for British business, and we look forward to seeing some in the next 18 months, or maybe before. However, I have a couple of questions about the commencement dates.

Subsection (2) states:

“Section 18 comes into force…two months”

after Royal Assent, whereas subsection (3) contains a much broader provision for Ministers of the Crown to implement different parts of the Act on different dates. As the Committee will have gathered from my comments this morning, I think that that will be sooner rather than later for much of this Bill, but will the Minister explain the difference? Why is there a specific date for section 18, but a much broader power for the remaining provisions?

Subsection (5) refers to various pieces of legislation, including the Financial Services and Markets Act 2022, Financial Conduct Authority and Prudential Regulation Authority rules, and the Financial Services (Banking Reform) Act 2013, as not being applicable to this Act. We have tried to exclude and carve out various pieces of legislation from this Bill, because we believe that some provisions are important for our constituents. I wonder what the rationale is for deciding that those particular provisions are so special that they deserve that treatment.

[Graham Stuart]

In short, it is because clause 18 covers the business impact target, which is an internal Government process, so I hope that answers the hon. Gentleman’s question.

Amendment 7 agreed to.

Question put, That the clause, as amended, stand part of the Bill.

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[Justin Madders]

With that encouragement, I will start from the beginning. Hon. Members will be relieved to hear that I was actually reaching my peroration. The new clauses are designed to address our concerns about the amount of consideration that has been given to the Bill’s impact. We are continually told that this is a framework Bill. What confidence can we have that there will be sufficient assessment of the powers in the Bill? It is not outlandish or unreasonable to ask the Government to identify and critique the impact of the changes that they intend to make. Any prudent Government would seek to do that, given the nature of the Bill. For that reason, I hope that the Minister will finally agree, at the fag end of this Committee, to the new clause.

[Graham Stuart]

I ask the Committee to reject the new clause. I assure the hon. Gentleman that the Government take their responsibilities under the Equality Act 2010 very seriously. We would never intend to bring forward legislation that does not comply with that law. The Government will continue to provide equality impact assessments for regulations that engage a relevant public sector equality duty, as is good practice. We follow our responsibilities under the Equality Act, and will continue to do so when the Bill becomes law. With no further ado, I ask the hon. Gentleman to consider withdrawing the new clause.

[Justin Madders]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 12

Assessment of impact on governance

“(1) Each relevant national authority must, within 28 days of the passage of this Act, lay before Parliament a report on—

(a) the projected cost incurred by each Government department or relevant national authority of complying with the requirements of sections 1 to 23 of this Act;

(b) the projected number of staff required by each Government department or relevant national authority to process all of the relevant retained EU law by the deadline in section 1(1);

(c) the amount of Parliamentary time expected to be needed to process the legislation relevant to each Government department or relevant national authority; and

a timeline outlining how each Government department or relevant national authority plans to meet the deadline in section 1(1).”—(Justin Madders.)

This new clause will establish the requirement for relevant departments to publish an assessment of the impact of processing through all the retained EU Law before the deadline set by Clause 1(1).

Brought up, and read the First time.

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We do not think this Bill is at all realistic. The setting of the arbitrary and clearly impractical sunset date is an entirely unnecessary risk to the preservation of these important rules for businesses, consumers, employees and the environment. The way the Bill is framed is an unnecessarily reckless step into the unknown for the sake of an easy headline now. The price will be many more negative headlines later when we see the fallout, and the failure to prepare properly becomes apparent. That is why we think the new clause is necessary.

[Graham Stuart]

You will be surprised to learn, Sir Gary, that I ask the Committee to reject the new clause. I apologise to Government Members for the Opposition’s mournful tone. They may not realise that, here we are, restoring our sovereignty in this Parliament—restoring our law, rather than being subject to that of a foreign sovereign.

Through the legislation that my colleagues and I are helping to proceed through this House, we are seeking to ensure that this law is fit for the needs of the UK, Department by Department. We are challenging Departments to look at retained EU law to ensure it is fit for purpose. I admit we are giving them a challenging deadline by which to do that, but I make no apology for doing that, and nor does any other Government Member. We are ambitious; we want to get on with growing the UK economy and ensure we do so in the right way. The new clause would place an unnecessary and laborious burden on the very officials who should be dedicating their time to delivering the retained EU law reform programme.

[Paul Blomfield (Sheffield Central) (Lab)]

rose—

[Graham Stuart]

I see I have provoked the hon. Gentleman.

[Paul Blomfield]

I am impressed by the Minister’s ambition, although I am not sure that everybody shares his confidence. Will he share with the Committee how realistic it is that that ambition will be realised? He will know that the previous Secretary of State, the right hon. Member for North East Somerset (Mr Rees-Mogg), was advised that, in his Department alone, it would take 400 civil servants to work on the 300 laws that need revision. What assessment has the Minister made of the impact that will have on the Department’s other work? If that figure is wrong, what is the correct figure? I am sure that, behind all that rhetoric, an awful lot of detailed work has gone on to work out how this will be put into practice.

[Graham Stuart]

I recognise that the retained EU law reform programme is a significant piece of work. However, it is the quickest and most efficient way to deliver the Bill’s objective and end retained EU law as a legal category in its current form—something that everyone who accepts the result of the referendum—

[Peter Grant]

rose—

[Graham Stuart]

The hon. Gentleman, who represents the SNP, does, of course, have a problem with accepting the results of referendums. He never likes the result they come to! Those who have accepted the result will recognise that this is the best way to incentivise genuine reform of retained EU law in ways that work for all four nations of the UK and are consistent with the devolution settlements.

[Peter Grant]

If the Minister checks his record, he will find that in three of the four referendums I have voted in in Scotland, Scotland voted in accordance with my wishes, and only one of those has been in any way respected by the present Government. The Minister gave a great oration about how important it is for him that the laws affecting his country are made by his country. Could he then explain why it is that when he wants the laws that affect his country to be made by a Government elected by his country, he is a patriot, but when I want the laws affecting my country to be made by the Government elected by the people of my country, I am a narrow-minded separatist? Why is that?

[Graham Stuart]

Of course, the hon. Gentleman is part of Parliament. That is why he is sitting in this United Kingdom Parliament—because, when his electors and electors across Scotland were asked, “Do you want to be in an independent Scotland?”, they said no. Despite that, this false narrative is pushed on a daily basis by the separatists opposite, who try to suggest that they are being held against their will. In fact, the only will they are being held against is the will of the Scottish people, who refuse to comply with the demands of the separatist SNP, which does not listen to the results of a referendum taking place in Scotland.

Getting back to the Bill, Departments will be expected to develop a delivery plan that outlines their intention for each piece of retained EU law. The Brexit Opportunities Unit will work with Departments to draw up those delivery plans and ensure the legislative process proceeds smoothly. The delivery plans will be subject to scrutiny via an internal Government process or ministerial stocktake process. More information on that will follow, including information on how to factor these processes into statutory instrument timetables.

Turning to the body of law we are talking about, we are currently engaging with the National Archives to uncover any additional information on retained EU law. However, it is worth nothing that many statutory instruments uncovered by the National Archives have been recognised either as orphaned statutory instruments or as no longer applicable to our current legal framework. We are exploring various ways—whether that is star chambers or using the dashboard—to identify what REUL is kept or sunsetted. Although individual Departments will take responsibility, we in the Department for Business, Energy and Industrial Strategy will be helping to co-ordinate this across Government.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

It is helpful that the Minister has given us some insight into the work of the National Archives. When does he think those regulations—whether orphaned or not—will appear on the dashboard so that we can see them? They are currently opaque for the rest of us.

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[Graham Stuart]

The National Archives has a statutory duty, as the King’s printer, to ensure the statute book is accurate, so asking it to look at REUL is in its existing remit, and—going back to the question from the hon. Member for Ellesmere Port and Neston—it does not cost additional money. It is actually a fundamental part of its work. It is working on that and, like him, I hope to see progress as quickly as possible.

The Government have proved during the Brexit transition and covid-19 that they can deliver extensive legislative programmes to tight deadlines. In so many ways—I should not stray from the subject, so I will not—we have learned from those programmes, and will work with Parliament to bring an even more successful REUL SI programme before the House. I therefore ask the hon. Member for Ellesmere Port and Neston to consider withdrawing his new clause.

[Justin Madders]

We have had a slightly lively end to the proceedings. I want to pick up on some of the comments made by the Minister. He characterised our opposition to the Bill as not being ambitious—well, if we are in league with the Institute of Directors in saying that this Bill should be withdrawn, I cannot think of a more ambitious bunch of people. Its correct characterisation is that anyone who thinks the timescales in this Bill are realistic is deluded. There is a difference between reality and ambition, and at some point the Government will find the two colliding. I do not want be on the Government Benches when we have to deal with the fallout from that.

[Graham Stuart]

Don’t worry—you’ll never be on this side.

[Justin Madders]

We’ll see about that.

Whichever Benches I am on, I will always hold firm to the view that Parliament should be sovereign, and that Parliament should be the body that looks at laws and considers changes that affect our constituents. People voted in 2016 for Parliament to take back control, but the Bill does not do that; it gives control to Ministers. It wrenches control away from Parliament and the people we represent. At the core of this is a lack of transparency and a lack of confidence in the Government’s programme, because if they cannot tell us what they intend to do with the Bill and they do not want the light of scrutiny shone on their intentions, it suggests that they are not confident about what the public will say when those intentions become clear. A Government who are not confident in their own policies should not have the confidence of the public. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

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[Brendan O’Hara]

Further to that point of order, Sir Gary. I associate myself with the comments made by the hon. Member for Ellesmere Port and Neston, and thank the Clerks and the Government’s civil servants for the hard work that they have done. I realise that it has been a bit of mauling from this side of the House, but it was never, ever intended to be personal; it is purely political.

I thank you, Sir Gary, and Sir George, who guided us through the first two days of our proceedings. I am delighted to thank colleagues on both sides of the Chamber for the usually constructive, respectful and informed discussions that we have had over the past few days. I put on the record my sincere thanks, and those of my hon. Friend the Member for Glenrothes, to Emilie-Louise Purdie, who did so much work behind the scenes so that my hon. Friend and I occasionally knew what we were talking about.

[Graham Stuart]

Further to that point of order, Sir Gary—spurious or otherwise. I thank the Committee for being so indulgent of me, as I have come in on this final day. It has been a robust but extremely good-humoured Committee, which has managed—under your excellent chairmanship, Sir Gary—to move with expedition through the Order Paper in front of us. I thank the Clerks for their support for all that we have done, and my civil servants in BEIS. If the hon. Member for Argyll and Bute had trouble with his colleague being brought up to speed, I can assure him that BEIS civil servants had an even harder task at bringing me up to speed. Members will be the judge of whether they managed that very well, but they put in a great deal of effort. Finally, I thank the hon. Member for Ellesmere Port and Neston, and I congratulate him on his birthday last week and on the fact that he brought in his 50th birthday cake—it is just a shame I did not get a slice.

Bill, as amended, to be reported.