Retained EU Law (Revocation and Reform) Bill

Lord Kirkhope of Harrogate Excerpts

2nd reading
Monday 6th February 2023 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, setting out on a journey when you do not know where you are going seems somewhat unwise. Politicians sometimes have to pursue careers without certainty as to the outcome, but as legislators we really should have some idea of where we are going.

Here we are considering a rare situation: a complex Bill that sets out to abolish many regulations and accepted and important rules, without the foggiest idea of what may or may not replace them. The Government do not intend to replace some at all, but others are vital to businesses big and small and critical to other processes. They are to be abandoned without proper scrutiny or thought-through replacements. How many pieces of EU-derived legislation are we talking about? The Government do not know.

However, my concerns with this Bill are not about the principle but about the process. The scale of the task in the proposed timescale is enormous, and I am yet to hear a convincing argument as to why the end of 2023 has been chosen as a date for disposal in all cases. This creates significant resource issues and there is insufficient capacity in our Civil Service to deal with this effectively. Surely, it is also a distraction at a time when the Government’s focus should be on matters of much greater importance.

A danger presented by the sunset clause is that, as the default position, swathes of retained EU law could expire without our knowing it, leading to many unintended consequences such as gaps in the law and important protections inadvertently dropping out of regulation. Provisions in the Bill will also allow the Government to amend or revoke retained EU law by means of secondary legislation, much spoken of today, effectively sidelining Parliament and removing any form of scrutiny. We have spoken up about this “executive grab” on many occasions before, but this would be a stage too far. Maybe the other place has lost its appetite for proper scrutiny, but this House has not and must not. As my noble friend Lord Young said earlier, it is also noteworthy that its own independent Regulatory Policy Committee has called an impact assessment conducted by the Department for Business “not fit for purpose”.

The breadth of legislation affected is well reflected by the groups that have expressed deep concerns: the National Farmers’ Union, the Bar Council, the Institute of Directors—I could go on. We know that British business needs certainty, continuity and transparent regulatory processes. This Bill kills that concept. There is also the impact on the UK to consider. Given that the Bill will confer powers on both the UK Government and, where applicable, the devolved Administrations, there is concern that different approaches may be taken, producing uncertainty and divergence between our constituent nations.

The vast majority of retained EU law, which the UK—and I as an MEP—played a key role in shaping as part of a democratic process, is vital in many spheres. It would be better to look at the small proportion of retained EU law that the Government believe is not working and rewrite it under primary legislation once the impact of such changes is fully considered by Parliament.

Of course, those who are promoting this legislation claim that removing the influence of the ECJ and replacing it with the British courts in relation to derived laws is justification itself. Lawyers here will hardly—for once—be grateful for the confusion and uncertainty created by these new powers. Some areas of the law do need improving, but this must be done in a considered manner. The Government must extend the 2023 deadline, or at least allow Parliament the opportunity to consider what laws need replacement and what alternatives are to be put in place to maintain stability.