Retained EU Law (Revocation and Reform) Bill

Lord Hannay of Chiswick Excerpts

Committee stage
Thursday 2nd March 2023 Lords Chamber

Nobody has thought this through, and the accidental collateral damage is potentially very serious. The Minister has already said that common frameworks will be used to make REUL reform a success. If he means that, the least he can do is accept these amendments today.

[Lord Hannay of Chiswick (CB)]

My Lords, I rise to support Amendment 29 in the names of my noble and learned friend Lord Hope and others.

A couple of weeks ago your Lordships’ European Affairs Committee, on which I have the honour to serve, went to Cardiff and Edinburgh to take evidence in the context of our current inquiry into the future of UK-EU relations. During those visits, on which we talked to Members of the Senedd and the Parliament in Edinburgh, the points about this Bill, and above all the points covered by my noble and learned friend’s amendment, were raised forcefully with us by representatives of all parties, including the party that supports the Government, in both Cardiff and Edinburgh. They told us they were completely in the dark about the application of this Bill if it became an Act, and in particular about how it would impact on the areas that my noble and learned friend has drawn attention to, which are devolved and are the responsibility of the Scottish and Welsh Governments. They said they were really worried that this would lead to many unforeseen negative consequences.

They said there had been no contact or discussion at the political level between either the Welsh or Scottish Government and Whitehall about these measures. There had been contact at official level, of course, and in previous parts of the debate on the Bill here, Ministers have said, “Oh, well, there are some jolly good contacts going on at official level and civil servants are talking to each other”. That will not do; it is not enough. There must be a dialogue with the Welsh and Scottish Governments about this issue; it deeply concerns them.

I hope that the Minister, when he comes to reply to the debate on this amendment, will give certain undertakings in that respect. Above all, I hope he will commit and say categorically that if this amendment is not put to a decision today—it is of course axiomatic that it will not be—these contacts at political level with the Welsh and Scottish Governments will take place between today and Report and he will report back to this House what has passed in those contacts. Without that, we are just heading towards greater and completely unnecessary discord. I hope this point can be taken on board. I do not think it a great deal to ask the Minister to commit himself to. Frankly, it is astonishing that it has not happened already.

One of the things that was quite clear from our contacts in both Cardiff and Edinburgh was that this absence of certainty about what is covered by the sunset clause is itself extremely damaging. Nobody has been able to tell them the list of measures that would be affected by the sunset clause. So I hope the Minister can respond positively when he comes to reply to this debate.

[Baroness Ludford (LD)]

My Lords, I rise to give a few words of support to the amendments in this group, particularly those led by my noble friends Lady Humphreys and Lady Randerson. To pick up the phrase just used by the noble Lord, Lord Hannay, it is astonishing that the Government are proposing to create such discord with this Bill and by their failure to respect the devolved Administrations and include them in the processes of consideration.

As an Englishwoman, though with roots throughout these islands, I am no expert either on the devolution settlement or on common frameworks—very far from it—but our party is a unionist one, which surely means fostering, respecting and supporting the operation of the union.

In paragraph 60 of the Explanatory Notes to the Bill, there is a very clear statement:

“The Government also remains committed to respecting the devolution settlements and the Sewel Convention, and has ensured that the Bill will not alter the devolution settlements”—


that does not appear to be the case—

“and will not intrinsically create greater intra-UK divergence”.

Quite a lot of weight is put on “intrinsically” in that sentence, because it has great potential to create intra-UK divergence and thus seems very contrary to government policy. On Monday we heard the Prime Minister deliver a passionate statement of support for unionism. He passionately said, “I am a unionist”—he also said, “I am a Brexiter”, but I was not so keen on that bit. The Bill does not illustrate that passionate unionism from the Government.

Coming specifically to the effect on Northern Ireland, I fully agreed with the contribution of the noble Baroness, Lady Ritchie. We on these Benches are also extremely concerned about the Bill’s impact on the Northern Ireland protocol, and in particular on Article 2 on the upholding of rights under EU law, including human rights. We hear with great concern the view of the Northern Ireland Human Rights Commission, which argues that the Bill risks the basis of the Good Friday agreement. That cannot be at all overlooked.

I have a few questions in reference to the Windsor Framework that I hope the Minister can answer. First, will the Stormont brake apply to any laws affected by the REUL Bill or only to new legislation? Has the Prime Minister agreed with the EU to retain all EU law affected by this Bill in Northern Ireland as part of the Windsor Framework? If not, will that not undermine the Windsor Framework? Have the Government agreed to amend this Bill as part of the deal done on Monday in the Windsor Framework on the Northern Ireland protocol?

Practically speaking—given that, sadly, there is no sign yet that the Northern Ireland Executive will be up and running soon—who will be making decisions on which EU law is protected from the sunset? The situation in Northern Ireland is of course very delicate. Given that either removing retained EU law or pulling the Stormont brake could trigger a breakdown in trade between Northern Ireland and the Irish Republic, will the Minister commit that that will happen only when there is cross-community support for doing so? That question is perhaps more on the framework.

With regard to the Bill, there are major concerns about the devolution settlements, the common frameworks and, not least arising from the Windsor Framework, the effect specifically on Northern Ireland. I hope that the Minister can cover all those concerns in his response.