European Union (Withdrawal) Bill

Lord Beith Excerpts

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Callanan]

My Lords, in Committee many noble Lords raised valuable concerns regarding the use of the consequential power, or, I should say, the misuse of this power. In response to these concerns, and being conscious of restricting the scope of the powers wherever practical, the Government have tabled an amendment to sunset the power to make consequential amendments from 10 years after exit.

I would like to point out that it is unusual for such powers to be sunset. However, given the unique nature of this Bill and the concerns about future Governments abusing the power to make consequential amendments, the Government have taken the decision that it is right in this exceptional case to apply a sunset to the power. The Government arrived at the figure of 10 years as the consequences of the Bill may only come to light long after our exit from the EU. The fact that this period is longer than that afforded to the other powers in the Bill reflects this fact. While 10 years should ensure that the majority of consequential amendments can be made, there is still a risk that some amendments that it may prove appropriate to make could not be made if they were only discovered after this time. The Government believe, however, that the value of sunsetting the power outweighs those risks.

I know that there are other concerns about Clause 17, and the Government have tabled amendments to address those, in particular arranging for negative SIs proposed under it to be sifted. I look forward to debating these on a later day.

I hope that this amendment demonstrates yet again the Government’s commitment to satisfying the concerns of this House, and I hope that noble Lords will welcome this amendment. I beg to move.

[Lord Beith (LD)]

My Lords, I recognise that the Government have moved on this issue, even though 10 years is the longest sunset that I think I have ever heard of in any Bill—it has the quality of a north Norwegian, Arctic sunset, which pleasantly never comes. However, in this case, some date by which to end these rather wide powers is welcome. Of course, the Bill also has the limitation in Clause 17(2). It was the breadth of the powers that led us to table Amendment 85, which was not moved, and it was the Government’s willingness to move on this and some other amendments that made us feel that we ought not to press it. I hope the Minister recognises that any use of these consequential powers that appeared to go beyond what is genuinely consequential would raise the spectre that we had let through excessive powers. He will be well aware by now that this House has become increasingly vigilant about the breadth of powers granted to Ministers. In recognising that the Government have moved on this issue, we have not pursued other amendments.

Amendment 86A agreed.