Retained EU Law (Revocation and Reform) Bill

Debate between Ian Blackford and Nusrat Ghani

Report stage
Wednesday 18th January 2023 Commons Chamber

[Ms Ghani]

My hon. Friend is absolutely right. There has been a lot of misinformation about the environment. The Department for Environment, Food and Rural Affairs has committed to maintain or enhance standards. He is right that we had very little say over positions taken in Brussels, but now, in the Bill, those decisions are taken by the devolved authorities. That will remain devolved and they will have a say, so why would they want to give away that power?

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

The Minister spoke of taking back control, but the harsh reality is that the Government are taking back control from the Scottish Parliament. Yesterday we heard about the UK Government enacting section 35 to strike out a Bill of the Scottish Parliament. The Scotland Act 2016 contains the Sewel convention, which requires the UK Government to obtain the consent of the Scottish Parliament when they are acting in devolved matters. The Scottish Government are not giving their consent. What is good for the goose is good for the gander. Why should the Scottish Government not have the right to veto this Bill, which tramples over devolution and our laws in a way that we do not consent to?

--- Later in debate ---

[Ms Ghani]

I must make some progress; I am worried about time running out. I must also speak in particular to amendment 36, mostly because my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), who chairs the European Statutory Instruments Committee, made some fantastic interventions. The amendment states that we need greater transparency on how the process will continue. There are opportunities to be on Committees and to scrutinise legislation, but my hon. Friend made it clear that Labour MPs have not even turned up to take their places on the European Statutory Instruments Committee.

EU law that will be amended or repealed will go through the usual channels. Business managers and the Leaders of both Houses will take decisions. The European Statutory Instruments Committee will be involved, and the Delegated Powers and Regulatory Reform Committee will be involved in the House of Lords, and we have the dashboard. Nothing could be more transparent, and it will involve colleagues from across the House.

My right hon. Friend the Member for Chelmsford mentioned consumer rights. I want to put on the record that core consumer protections, as set out in the Consumer Rights Act 2015 and the Consumer Protection Act 1987, will continue to apply and remain unaffected. Furthermore, I reiterate my commitment that the dashboard, as I said earlier, will be published this month.

Turning to devolution, the Government recognise the importance of ensuring that the Bill is consistent with the devolved arrangements and remain committed to respecting the devolution settlement and the Sewel convention. The Bill will allow the devolved authorities to look at devolved law and take a decision on what they wish to assimilate, amend or revoke—decisions that they never had when we were a member of the EU. I would hope that those authorities would embrace that with both hands, not reject it.

[Ian Blackford]

Will the Minister give way?

[Ms Ghani]

I am reluctant to give way, because the intervention will end up being, “But we just don’t want to be here.” If it is on a different topic, I will give way to the right hon. Gentleman.

[Ian Blackford]

Will the Minister respect the right of the Scottish Parliament not to give consent to this Bill?

[Ms Ghani]

I find this extraordinary. The devolved authorities have the right to make decisions on devolved laws. Why would that not be embraced, instead of being rejected?

I must comment on the Bar Council’s evidence. Barrister Tom Sharpe KC noted that the Bar Council

“is our trade union, and it does not speak on my behalf on this political matter…obviously”.––[Official Report, Retained EU Law (Revocation and Reform) Public Bill Committee, 8 November 2022; c. 24, Q43.]

An issue about deregulation was raised. It is not enshrined in any of the clauses, but the Bill says that overall burdens must be reduced.