Retained EU Law (Revocation and Reform) Bill

Lindsay Hoyle Excerpts

Report stage
Wednesday 18th January 2023 Commons Chamber

[The Minister for Industry and Investment Security (Ms Nusrat Ghani)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 2—Conditions for bringing sections 3, 4 and 5 into force—

“(1) None of sections 3, 4 or 5 may be brought into force unless all the following conditions have been satisfied.

(2) The first condition is that a Minister of the Crown has, after consulting organisations and persons representative of interests substantially affected by, or with expertise in the likely legal effect of, that section on a draft of that report, laid a report before each House of Parliament setting out, with reasons, the Minister’s view as to the likely advantages and disadvantages of bringing that section into force, setting out in particular the effect of that section on:

(a) the rights of and protections for consumers, workers, and businesses, and protections of the environment and animal welfare;

(b) legal certainty, and the clarity and predictability of the law;

(c) the operation of the Trade and Cooperation agreement between the United Kingdom and the EU, and UK exports of goods and services to the European Economic Area; and

(d) the operation of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

(3) In relation to section 4, that report must take into account any regulation made or likely to be made by a relevant national authority under section 8(1).

(4) The second condition is that a period of sixty days has passed since that report was laid before Parliament, with no account to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.

(5) The third condition is that, after the end of that period, both Houses of Parliament have approved a resolution that that section come into force.

(6) If both Houses of Parliament have approved a resolution that that section should not come into force unless it is amended in a way set out in that resolution, then the Minister may by regulation amend that section accordingly, and that section may not be brought into force until that amendment has been made.”

This new clause requires Ministers to analyse, and to explain their analysis of, the effect of the removal of retained EU law rights, the principle of supremacy of EU law, and of the general principles. It also includes opportunity for Parliamentary approval and timeframes for laying reports before both Houses.

New clause 3—Conditions on the exercise of powers under section 15 and 16—

“(1) The first condition is that the relevant national authority has consulted such organisations as appear to it to be representative of interests substantially affected by its proposals, and any such other persons as it considers appropriate, on a draft of those regulations.

(2) The second condition is that the national authority has, after that consultation has concluded and after considering any representations made to it, laid a draft of the regulations before each House of Parliament (or, as the case may be, the Scottish Parliament, Senedd or Northern Ireland Assembly), together with a report setting out, with reasons, the authority’s view as to the likely advantages and disadvantages of making those regulations, setting out in particular:

(a) a summary of the objectives and effect of those regulations as compared to the instrument that they will revoke, replace or modify;

(b) any difference as between that instrument and the proposed regulations in terms of protections for consumers, workers, businesses, the environment, or animal welfare;

(c) any benefits which are expected to flow from the revocation or replacement of that instrument;

(d) the consultation undertaken as required by subsection (2);

(e) any representations received as a result of that consultation;

(f) the reason why the national authority considers that it is appropriate to make those regulations, having considered those representations;

(g) the reasons why the national authority considers that section 15(5) (overall reduction in burdens) does not preclude the making of the regulations, explaining what burdens are reduced or increased as a result of the making of the regulations;

(h) the compatibility of the revocation, modification, or replacement of that instrument with obligations in the Trade and Cooperation Agreement between the United Kingdom and the EU, and the likely effect on UK exports of goods or services to the European Economic Area; and

(i) the likely effect of the revocation, modification, or replacement of that instrument on the operation of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

(3) The third condition is that a period of sixty days has passed since those draft regulations or that report were laid as required by subsection (2) with no account to be taken of any time during which Parliament (or, as the case may be, the Scottish Parliament, Senedd Cymru or Northern Ireland Assembly) is dissolved or prorogued or during which either House or that body is adjourned for more than four days, and where they were laid before Parliament, paragraph 8(11)(a) of Schedule 3 shall apply in determining the commencement of that period.

(4) The fourth condition is that the national authority has considered any representations made during the period provided for by subsection (3) and, in particular, any resolution or report of, or of any committee of, either House of Parliament (or, as the case may be of the Scottish Parliament, Senedd Cymru or Northern Ireland Assembly) with regard to the proposals, and has published its reasons for accepting or rejecting any such representations, resolution, or report.”

This new clause requires the relevant national authorities to consult with key stakeholders on proposed regulations revoking or replacing REUL, and to show Parliament their assessment of the impact of the changes

New clause 5—Powers to revoke or replace: application to environmental law—

“(1) This section applies in respect of provision which may be made by a relevant national authority under section 15 where the provision is in respect of secondary retained EU law which is environmental law.

(2) No provision may be made unless the relevant national authority considers that the provision will contribute to a significant improvement in environmental protection.

(3) The relevant national authority must—

(a) have regard to international environmental protection legislation and international best practice on environmental protection,

(b) comply with the requirements and objectives of the Aarhus, Bonn, Bern, Ramsar, OSPAR and Biodiversity Conventions, and

(c) comply with environmental principles and the policy statement on environmental principles.

(4) The relevant national authority must—

(a) seek advice from persons who are independent of it and have relevant expertise,

(b) seek advice from, as appropriate, the Office for Environmental Protection, Environmental Standards Scotland, a devolved environmental governance body or other person exercising similar functions, and

(c) publish a report setting out—

(i) how the provision will contribute to a significant improvement in environmental protection, and

(ii) how the authority has taken into account the advice from the persons referred to in paragraphs (a) and (b).

(5) In this section—

“Aarhus Convention” means The UNECE Convention on access to information, public participation in decision making and access to justice in environmental matters (Aarhus, 25 June 1998);

“Bern Convention” means the Council of Europe's Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 1979) [ratified / signed];

“Biodiversity Convention” means the UN Convention on Biodiversity (Rio, 1992);

“Bonn Convention” means The Convention on the Conservation of Migratory Species of Wild Animals (Bonn, 1979);

“devolved environmental governance body” has the same meaning as in section 47 of the Environment Act 2021;

“environmental law” has the same meaning as in section 46 of the Environment Act 2021, but without the exception set out in section 46(3) and (4) (devolved legislative provision);

“environmental protection” has the same meaning as in section 45 of the Environment Act 2021;

“environmental principles” and “policy statement on environmental principles” have the same meanings as in section 17 of the Environment Act 2021;

“Environmental Standards Scotland” has the same meaning as in section 19 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021;

“international environmental protection legislation” has the same meaning as in section 21 of the Environment Act 2021;

“Office for Environmental Protection” has the same meaning as in section 22 of the Environment Act 2021;

“OSPAR Convention” means The Convention for the Protection of the Marine Environment of the North-East Atlantic (1992);

“RAMSAR Convention” means The Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar, 1971).”

This new clause creates additional conditions to be satisfied before the powers set out in clause 15 can be exercised where the subject matter of their exercise concerns environmental law.

Amendment 33, page 1, line 2, leave out clause 1.

This amendment deletes the sunset clause.

Amendment 18, page 1, line 4, leave out “2023” and insert “2026”.

This amendment moves the sunset of legislation from 2023 to 2026.

Amendment 28, page 1, line 6, at end insert—

“(1A) Subsection (1) does not apply to an instrument, or a provision of an instrument, that—

(a) would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament, or

(b) could be made in subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone.”

This amendment restricts the automatic revocation or “sunsetting” of EU-derived subordinate legislation and retained direct EU legislation under Clause 1 of the Bill so that it does not apply to legislation that is within the legislative competence of the Scottish Parliament.

Amendment 37, page 1, line 6, at end insert—

“(1A) Subsection (1) does not apply to an instrument, or a provision of an instrument, that—

(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of the Northern Ireland Assembly, or

(b) could be made in subordinate legislation by Ministers of the Northern Ireland Executive.”

This amendment restricts the automatic revocation or “sunsetting” of EU-derived subordinate legislation and retained direct EU legislation under Clause 1 of the Bill so that it does not apply to legislation that is within the legislative competence of the Northern Ireland Executive and Assembly.

Amendment 38, page 1, line 6, at end insert—

“(1A) Subsection (1) does not apply to an instrument, or a provision of an instrument, that—

(a) would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru, or

(b) could be made in subordinate legislation by the Welsh Ministers acting alone.”

This amendment restricts the automatic revocation or “sunsetting” of EU-derived subordinate legislation and retained direct EU legislation under Clause 1 of the Bill so that it does not apply to legislation that is within the legislative competence of the Senedd.

Amendment 19, page 1, line 9, at end insert—

“(2A) Subsection (1) does not apply to the following instruments—

(a) Management of Health and Safety at Work Regulations 1999,

(b) Children and Young Person Working Time Regulations 1933,

(c) Posted Workers (Enforcement of Employment Rights) Regulations 2020,

(d) Part Time Employees (Prevention of Less Favourable Treatment) Regulations 2000,

(e) Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002,

(f) Transfer of Undertakings (Protection of Employment) Regulations 2006,

(g) Information and Consultation of Employees Regulations 2004,

(h) Road Transport (Working Time) Regulations 2005,

(i) Working Time Regulations 1998,

(j) Agency Workers Regulations 2010,

(k) Maternity and Parental Leave etc Regulations 1999,

(l) Trade Secrets (Enforcement etc) Regulations 2018 and

(m) The Health and Safety (Consultation with Employees) Regulations 1996.”

This amendment would exclude certain regulations which provide for workers’ protections from the sunset in subsection (1).

Amendment 21, page 1, line 9, at end insert—

“(2A) Subsection (1) does not apply to the following instruments—

(a) The REACH Regulation and the REACH Enforcement Regulations 2008,

(b) The Conservation of Habitats and Species Regulations 2017,

(c) The Conservation of Offshore Marine Habitats and Species Regulations 2017,

(d) The Urban Waste Water Treatment (England and Wales) Regulations 1994,

(e) The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010,

(f) The Bathing Waters Regulations 2013,

(g) Water Environment (Water Framework Directive) (England and Wales) Regulations 2017,

(h) The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 (also known as the Farming Rules for Water),

(i) The Marine Strategy Regulations 2010,

(j) The Marine Works (Environmental Impact Assessment) Regulations 2007,

(k) The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017,

(l) The Plant Protection Products Regulations 1107/2009,

(m) The Sustainable Use Directive Regulation (EC) 396/2005,

(n) The National Emission Ceilings Regulations 2018,

(o) Invasive Alien Species (Enforcement and Permitting) Order (2019),

(p) Directive 2010/63 on the protection of animals used for scientific purposes,

(q) Directive 1999/74 laying down minimum standards for the protection of laying hens,

(r) Regulation 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof, and

(s) The Welfare of Animals (Transport) (England) Order 2006.”

This amendment would exclude certain legislation which provides for environmental protections from the sunset in subsection (1).

Amendment 24, page 1, line 9, at end insert—

“(2A) Subsection (1) does not apply to the following instruments—

(a) The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005,

(b) Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations,

(c) The Consumer Rights (Payment Surcharges) Regulations 2012,

(d) The Electrical Equipment (Safety) Regulations 2016,

(e) The Toys (Safety) Regulations 2011,

(f) The Control of Asbestos Regulations 2012,

(g) The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015,

(h) The Cocoa and Chocolate Products (England) Regulations 2003,

(i) Commission Regulation (EU) No 748/2012 of 3 August 2012,

(j) The Representation of the People (England and Wales) Regulations 2001, and

(k) The Bauer [C-168/18] and Hampshire [C-17/17] judgements.”

This amendment would exclude certain retained EU law which provides for consumer protections from the sunset in subsection (1).

Amendment 36, page 1, line 12, at end insert—

“(3A) The Secretary of State must, no later than three months before the date specified in subsection (1), publish a list of all legislation being revoked under this section (the “revocation list”) and lay a copy before Parliament.

(3B) With each update of the revocation list up to the date specified in subsection (1), the Secretary of State must lay an updated copy of the revocation list before Parliament.

(3C) Any legislation not included in the revocation list, as updated, on the date specified in subsection (1) is not revoked.

(3D) At any time before the date specified in subsection (1), the House of Commons may by resolution amend the revocation list by adding or removing instruments specified in the resolution, and the Secretary of State must accordingly lay the updated revocation list before Parliament.

(3E) At any time before the date specified in subsection (1), the House of Lords may by resolution propose amendment of the revocation list by adding or removing instruments specified in the resolution.

(3F) If the House of Commons does not pass a motion disagreeing with a resolution of the House of Lords under subsection (3E) within ten days of the date of that resolution, the Secretary of State must amend the revocation list in accordance with the resolution of the House of Lords and lay the updated version before Parliament.

(3G) If the Secretary of State does not amend the revocation list when required to do so by paragraphs (3D) or (3F) before the date specified in paragraph (1), the revocation list will be deemed to have been amended as specified in the resolution of the relevant House of Parliament, and the relevant legislation will be treated as though the change has been made.

(3H) Any legislation to which section (3C) applies is not to be considered as either retained EU law or assimilated law.”

This amendment would require the Government to publish an exhaustive list of every piece of legislation being revoked under the Sunset Clause, and allow for Parliamentary oversight of this process so that it is the House of Commons which has the ultimate say on which legislation is affected.

Amendment 29, in clause 2, page 2, line 12, at end insert—

“(1A) Subsection (1) has effect in relation to provision which is within the competence of the Scottish Ministers as if, after “A Minister of the Crown”, there were inserted “or the Scottish Ministers”.

(1B) A provision is within the devolved competence of the Scottish Ministers for the purposes of this section if—

(a) it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, or

(b) it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone.”

This amendment clarifies what provisions would be devolved and therefore under the competence of Scottish Ministers for decision, rather than a Secretary of State.

Amendment 39, page 2, line 12, at end insert—

“(1A) Subsection (1) has effect in relation to provision which is within the competence of the Welsh Ministers as if, after “A Minister of the Crown”, there were inserted “or the Welsh Ministers”.

(1B) A provision is within the devolved competence of the Welsh Ministers for the purposes of this section if—

(a) it would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru, or

(b) it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone.”

This amendment clarifies what provisions would be devolved and therefore under the competence of Welsh Ministers for decision, rather than a Secretary of State.

Government amendments 1, 3 and 6.

Amendment 26, in clause 7, page 4, line 36, at end insert—

“(d) the undesirability of disturbing settled understandings of the law, on the basis of which individuals and businesses may have made decisions of importance to them;

(e) the importance of legal certainty, clarity and predictability; and

(f) the principle that significant changes in the law should be made by Parliament (or, as the case may be, the relevant devolved legislature).”

This amendment adds further conditions for higher courts to regard when deciding to diverge from retained EU case law.

Government amendments 7 to 17 and 2.

Amendment 20, in clause 15, page 17, line 28, at end insert—

“(1A) Subsection (1) does not apply to the following instruments—

(a) Management of Health and Safety at Work Regulations 1999,

(b) Children and Young Person Working Time Regulations 1933,

(c) Posted Workers (Enforcement of Employment Rights) Regulations 2020,

(d) Part Time Employees (Prevention of Less Favourable Treatment) Regulations 2000,

(e) Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002,

(f) Transfer of Undertakings (Protection of Employment) Regulations 2006,

(g) Information and Consultation of Employees Regulations 2004,

(h) Road Transport (Working Time) Regulations 2005,

(i) Working Time Regulations 1998,

(j) Agency Workers Regulations 2010,

(k) Maternity and Parental Leave etc Regulations 1999,

(l) Trade Secrets (Enforcement etc) Regulations 2018 and

(m) The Health and Safety (Consultation with Employees) Regulations 1996.”

This amendment would exclude certain legislation which provides for workers’ protections from the power to revoke without replacement in subsection (1).

Amendment 22, page 17, line 28, at end insert—

“(1A) Subsection (1) does not apply to the following instruments—

(a) The REACH Regulation and the REACH Enforcement Regulations 2008,

(b) The Conservation of Habitats and Species Regulations 2017,

(c) The Conservation of Offshore Marine Habitats and Species Regulations 2017,

(d) The Urban Waste Water Treatment (England and Wales) Regulations 1994,

(e) The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010,

(f) The Bathing Waters Regulations 2013,

(g) Water Environment (Water Framework Directive) (England and Wales) Regulations 2017,

(h) The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 (also known as the Farming Rules for Water),

(i) The Marine Strategy Regulations 2010,

(j) The Marine Works (Environmental Impact Assessment) Regulations 2007,

(k) The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017,

(l) The Plant Protection Products Regulations 1107/2009,

(m) The Sustainable Use Directive Regulation (EC) 396/2005,

(n) The National Emission Ceilings Regulations 2018,

(o) Invasive Alien Species (Enforcement and Permitting) Order (2019)

(p) Directive 2010/63 on the protection of animals used for scientific purposes,

(q) Directive 1999/74 laying down minimum standards for the protection of laying hens,

(r) Regulation 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof, and

(s) The Welfare of Animals (Transport) (England) Order 2006.”

This amendment would exclude certain legislation which provides for environmental protections from the power to revoke without replacement in subsection (1).

Amendment 25, page 17, line 28, at end insert—

“(1A) Subsection (1) does not apply to the following instruments—

(a) The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005,

(b) Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations,

(c) The Consumer Rights (Payment Surcharges) Regulations 2012,

(d) The Electrical Equipment (Safety) Regulations 2016,

(e) The Toys (Safety) Regulations 2011,

(f) The Control of Asbestos Regulations 2012,

(g) The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015,

(h) The Cocoa and Chocolate Products (England) Regulations 2003,

(i) Commission Regulation (EU) No 748/2012 of 3 August 2012,

(j) The Representation of the People (England and Wales) Regulations 2001, and

(k) The Bauer [C-168/18] and Hampshire [C-17/17] judgements.”

This amendment would exclude certain legislation which provides for consumer protections from the power to revoke without replacement in subsection (1).

Amendment 34, page 18, line 12, at end insert—

“(4A) No regulations may be made under this section unless the conditions set out in section [Conditions on the exercise of powers under section 15 and 16] have been complied with.”

This amendment ensures that the powers to revoke or replace would be subject to restrictions as laid out in NC3.

Amendment 23, page 18, line 13, leave out subsections (5) and (6).

This amendment will remove the restriction on the replacement of EU law that states it must not add to the regulatory burden.

Amendment 35, in clause 16, page 19, line 9, at end insert—

“(3) No regulations may be made under this section unless the conditions set out in section [Conditions on the exercise of powers under section 15 and 16] have been complied with.”

This amendment would ensure that the power to update would be subject to the restrictions laid out in NC3.

Amendment 30, in clause 20, page 20, line 38, at end insert—

“(1A) A Minister of the Crown may not include in regulations under this Act any provision which is within the devolved competence of any devolved authority as defined in paragraph 2 of Schedule 2.”

This amendment adds protection for devolved competence, denying any Secretary of State the chance to revoke REUL within devolved competence.

Government amendments 4 and 5.

Government new schedule 1—“Assimilated law”: consequential amendments.

Amendment 31, in schedule 3, page 34, line 38, at end insert—

“Consent of Scottish Ministers

8A Before making regulations to which this Part of this Schedule applies, a Minister of the Crown must obtain the consent of the Scottish Ministers.”

This amendment modifies the powers which are conferred on Ministers of the Crown in devolved areas so that they may only be exercised with the consent of the Scottish Ministers.

[Ms Ghani]

It is a pleasure to be here, and I thank all Members who have tabled new amendments and new clauses and who will speak in the debate. I also thank the members of the Public Bill Committee for their work.

I will address the Government new clauses and amendments first, but I will say more about them in my closing speech when other Members have had a chance to contribute. I will also address some of the concerns that have been raised, and some of the misinformation about the Bill.

The Government new clauses and amendments are minor and technical. They cover four areas. The first is updating the definition of “assimilated law” and how it should be interpreted, and, in the case law provisions, ensuring that the High Court of Justiciary is covered in all instances. I thank the Scottish Government for their engagement: there has been engagement between our officials and those in the Scottish Government, and with the Advocate General. Our new clauses also clarify the fact that the use of extension power also applies to amendments to retained EU law made between the extension regulations and the sunset, and clarify the application of clause 14 to codification as well as restatement. These are technical drafting measures, and I ask the House to support them.

Let me now explain why the Bill is crucial for the UK. My explanation will directly cover many of the new clauses and amendments. The Bill will end the special status of retained EU law on the UK statute book by the end of 2023. It constitutes a process. Considerable work has been done with officials across Whitehall and with the devolved authorities; that work has been proportionate, and has been taking place for over 18 months. I cannot stress enough the importance of achieving the 2023 deadline. Retained EU law was never intended to sit on the statute book indefinitely. It is constitutionally undesirable, as some domestic laws, including Acts of Parliament, currently remain subordinate to some retained EU law. The continued existence on our statute book of the principle of supremacy of EU law is just not right, as we are a sovereign nation with a sovereign Parliament.

Retained EU Law (Revocation and Reform) Bill

Lindsay Hoyle Excerpts

Consideration of Lords message
Monday 12th June 2023 Commons Chamber

[The Solicitor General (Michael Tomlinson)]

I beg to move, That this House disagrees with Lords amendment 15B.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government motion not to insist on amendment 16A, and Lords amendment 16C in lieu.

Lords amendment 42B, and Government motion to disagree.

[The Solicitor General]

It is an honour once again to open a debate on this landmark legislation, which we are now very close to passing. We are fully taking back control of our laws, and we are ending the supremacy and special status afforded to retained EU law.

As you explained so clearly a few moments ago, Mr Speaker, there are three motions before the House this afternoon. Let me first speak briefly about the reporting requirements in Lords amendment 16C—and let me also be the first to congratulate from the Dispatch Box my hon. Friend the Member for Stone (Sir William Cash) on being made a Companion of Honour. I thank him for the work that he did on this amendment, alongside Baroness Noakes. It is, of course, important that we continue to update Parliament on our progress in reforming retained EU law, and that is exactly what we as a Government are committed to doing with clause 16. I can reassure my hon. Friend that Lords amendment 16C is only a drafting tweak and the substance is exactly the same as what was tabled by him and supported by so many other Conservative Members, and I ask the House to agree to this final tweak.

Let me now turn to the parts of the Bill on which we have not managed to reach agreement with those in the other place. I will begin with Lords Amendment 42B. I am sure that many Members present will have followed their lordships’ debate closely. However, the Government have not just followed the debate; leading from the front, my right hon. Friend the Secretary of State for Business and Trade has worked to find solutions on the sunset provision to resolve concerns about references to higher courts. As I have already mentioned, we are committed to updating Parliament regularly on the progress of reforms.

It is clear that we have accommodated many of their lordships’ wishes, but I respectfully suggest that now is not the time for their lordships to insist on a novel and untested method of parliamentary scrutiny on the reform powers in the Bill. It has been asserted that the Lords amendment has a precedent in the Civil Contingencies Act 2004, but in fact those powers have never been used. Let me be clear: it is not the Government’s intention for the powers in the Bill to languish on the statute book. My right hon. Friend the Secretary of State has already made the first announcement on regulatory reform and how we intend to reduce burdens for businesses and spur economic growth, and that is only the beginning of our ambition.

[The Solicitor General]

I should be delighted.

[Mr Speaker]

Order. May I just say that I was very sorry to hear the news that the hon. Lady will not be standing in the next general election?

[Caroline Lucas]

Thank you very much, Mr Speaker.

May I put it to the Minister that it is a bit odd to object to something simply because it will be a novel procedure? Everything is novel once. If we are to improve the effectiveness of Parliament, surely some novel procedures are precisely what we need.

--- Later in debate ---

[The Solicitor General]

I will give way but I am conscious that a number people want to speak, so I will then make some progress.

[Mr Speaker]

indicated assent.

[Sir William Cash]

With the greatest respect, I just want to say through the Minister to the hon. Member for Chesterfield (Mr Perkins) that, although the European Parliament does its job, the laws are actually made by the Council of Ministers behind closed doors, by qualified majority vote and without even a transcript in Hansard. That is not a basis on which one could make any assumption that we would ever agree to them. It was always done by consensus.

[The Solicitor General]

Mr Speaker, you were absolutely right to encourage me to take that intervention, and I am grateful to my hon. Friend the Member for Stone (Sir William Cash). I pay tribute to him for all his work in this House. His announcement over the weekend came as a great sadness, shock and surprise. I know that he has a lot of work to do between now and the next election, and I look forward to these debates in the future. Thank you for encouraging me to take his intervention, Mr Speaker.

Lords amendment 42B is both unnecessary and potentially detrimental to this country’s environmental standards. We have made a commitment at every stage of this Bill that we will not lower environmental protections, and that we will ensure the continued implementation of our international obligations. Indeed, I am reminded of the rare moment of agreement between my hon. Friend the Member for North Dorset (Simon Hoare) and the right hon. Member for East Antrim (Sammy Wilson) during our last outing. They found common accord, and they are both right that there is simply no reason or incentive for the Government not to uphold our high environmental standards, of which we are rightly proud. It is simply not necessary for this commitment to be on the face of the Bill, especially not in a way that would make it more difficult to achieve any meaningful reforms that benefit the UK.

I will not try your patience, Mr Speaker, by listing all the Government’s post-Brexit achievements, but some of the steps we are taking go above and beyond EU law. [Hon. Members: “What are they?”] The Opposition are encouraging me to do so, and who am I to say no?

[Mr Speaker]

No, but I might.

[The Solicitor General]

I am keeping a very careful eye on timings and on your indication, Mr Speaker. I will not abuse your patience, but let me list some of the important measures passed by this Government. Our environmental standards are now world leading, thanks to the Agriculture Act 2020, the Fisheries Act 2020 and the landmark Environment Act 2021, which will deliver the most ambitious environmental programme anywhere.

Furthermore, Lords amendment 42B is not just unnecessary but may even endanger our environmental standards. The amendment would make it harder to retain the effect of existing regulations, as it applies to restatements of retained EU law. [Interruption.] It is very timely that the Secretary of State for Environment, Food and Rural Affairs arrives in the Chamber just as I am championing all the steps that she and her predecessors have taken to protect and lead the world through our environmental standards.

Lords amendment 42B would add friction. It is unnecessary and potentially self-defeating. The Government want to ensure that we capitalise on the UK’s competitive advantages now that we are no longer restrained by our membership of the EU. I invite the House to support the motions in the name of the Secretary of State for Business and Trade.

[Mr Speaker]

I call the shadow Minister.

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

Here we are again. It has been nearly nine months since the Bill was introduced, during which time five different members of the Government have spoken in support of the Bill from the Front Bench, most of them making one appearance before never being seen again. I congratulate the Solicitor General on making it back for a second appearance.

Although, of course, the question of retained EU law needs to be addressed, our main contention is that the way in which the Bill attempted to do that was reckless, unnecessary and undemocratic. To some extent, we have seen an end to that kamikaze approach, which is of course welcome, although it does not mean that all our concerns have been dealt with.

--- Later in debate ---

[Stella Creasy]

Does the debate about the Bauer and Hampshire judgments not make the case that my hon. Friend is making? I hope Mr Speaker will forgive me here, but the Minister said that I was wrong and that is perhaps unparliamentary. Let me read into the record what the shadow Minister and I heard in Committee. The Minister of State, Department for Business and Trade, the hon. Member for Wealden (Ms Ghani) said:

“the Department for Work and Pensions does not intend to implement the Bauer judgment through the benefits system…The Hampshire judgment is a clear example of where an EU judgment conflicts with the United Kingdom Government’s policies. Removing the effects of the judgment will help to restore the system to the way it was intended to be.”––[Official Report, Retained EU Law (Revocation and Reform) Public Bill Committee, 22 November 2022; c. 168-69.]

If Ministers are changing their minds now about using the powers in this Bill to revoke these protections for the pensions of our constituents, it is only because they have been caught out doing it and using the powers in this Bill. Does this not make the case—

[Mr Speaker]

Order. I am not going to have this private debate carrying on. You have put it on the record and the Minister has put it on the record, but people can be accidentally wrong. I do not need a lecture on what is wrong and what is not. In the end, you have put the case, and we have a lot of people who want to speak in the debate, including yourself.