Retained EU Law (Revocation and Reform) Bill

Lord Carlile of Berriew Excerpts

Committee stage
Thursday 2nd March 2023 Lords Chamber

[Baroness Randerson (LD)]

My Lords—

[Lord Carlile of Berriew (CB)]

My Lords—

[Baroness Bloomfield of Hinton Waldrist (Con)]

I think I have taken enough interventions and I would like to make progress, please.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I take the noble Baroness’s point.

[Lord Carlile of Berriew (CB)]

I have tried not to intervene so far, but I listened very carefully to what the noble Baroness has just said: does this mean that, if an application is made to a Minister to extend the sunset for a category or description of legislation, in accordance with Clause 2, and the Minister refuses, it will be “open sesame” for judicial review by those who regard such a decision as disproportionate and could render the whole of this legislation into something that will be litigated in the courts for years to come?

[Baroness Bloomfield of Hinton Waldrist (Con)]

I acknowledge the noble Lord’s intervention but I cannot possibly respond at this stage. We must make progress.

Amendment 29 proposes exempting REUL within the competence of Scotland, Wales and Northern Ireland from the sunset. This would remove the devolved Governments’ incentive to review legislation on their statute books and hinders the sunset’s intention to bring about genuine reform. A sunset is the quickest and most effective way to accelerate the review of REUL on the UK statute book by a specific date in the near future. This will incentivise genuine REUL reform in a way that will work best for all parts of the UK. The territorial scope of the Bill will be UK-wide, and it is constitutionally appropriate that the sunset applies across all parts of the UK. However, the sunset does not affect the devolution settlements, nor is it intended to restrict the competence of either the devolved legislatures or the devolved Governments. Rather, this will enable the devolved Governments to make active—