Retained EU Law (Revocation and Reform) Bill

Debate between Lord Kirkhope of Harrogate and Baroness Wheatcroft

Committee stage
Monday 6th March 2023 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, I have not contributed at all in this Committee and I am going to say only a very few words, which I hope I can keep as simple as possible. I very much support Amendment 69A here, because I think it is particularly relevant. I hope it is of help to my noble friend the Minister, who last week dismissed out of hand Amendment 44, to which I had added my name. I hope he will understand that I am trying to be helpful in supporting this. With the legal uncertainty that we seem to have here, it is terribly important that the Government, and indeed Ministers, protect themselves in some way.

The suggestion last week was that we should have a commission set up for the purposes of looking at these proposals and at what effect they might have, and move them to parliamentary scrutiny in the appropriate manner. Now we have a proposal in subsection 2 of the proposed new clause introduced by Amendment 69A that would make it a condition that

“a Minister of the Crown has asked the Law Commission”,

as it is presently constituted,

“to report on the effect of … this Act on legal certainty, and the clarity and predictability of the law.”

I am sure I do not need to remind my noble friend of the importance of certainty, and how important it is in the law to have that. We do not have so many comparisons here. I use the term “void for uncertainty” in relation to legislation. For instance, in the United States, all legislation that is “void for vagueness”, as is the term, cannot proceed. In the European Union, it is quite clear that there has to be clear certainty in the imposition of laws on the people who have to obey and follow them. Here we have a situation where we have nothing of the sort. It is important, therefore, that the Government find a way in which they can, if necessary, protect themselves; otherwise, we are going to get in due course a considerable amount of legal interest, as the noble Baroness, Lady Ludford, just referred to. Whether that is through judicial review or other means, it will be so complex and convoluted that, while it might please some lawyers, other lawyers such as myself, of a rather more modest disposition, would find it quite appalling to see this happen. I ask my noble friend perhaps not to dismiss this amendment quite as easily as he dismissed Amendment 44.

Throughout the proceedings I have watched so far in Committee, there have been many references to the democracy which is necessary—and that the Government wish to pursue—compared with the lack of democracy that the Government allege in the European Union. As a Member of the European Parliament—as my noble friend the Minister was too, although for a shorter period—I think it is very difficult to make out a good case for a lack of democracy in the work that was done by me and my other colleagues from Britain in the European Parliament. This is particularly the case in recent years where the European Parliament has had co-decision and a right to block legislation from the Commission. The proposals of the Government at the moment—if they are not put to some form of independent assessment—would leave us with a situation where the secondary legislation lacks every single shred of evidence of democracy. Therefore, I ask my noble friend to seriously consider conceding Amendment 69A when he comes to respond.

[Baroness Wheatcroft (CB)]

My Lords, I will speak briefly to both Amendments 68 and 69. This Bill, as others have said, creates huge uncertainty for business at a time when business is struggling to cope with so many uncertainties that are outside the control of the Government. But the Government do have control of this. Both amendments require the Government to report on the likely advantages and disadvantages of taking the action they propose. What could be more reasonable? What member of society would expect the Government not to have weighed up the advantages and disadvantages of taking any particular action? How on earth can it be justified to go ahead and do away with protections and rights bestowed by European law, without actually having done some consultation as to what the results are likely to be? There might be disadvantages but, unless the work is done, who knows what advantages will be thrown away. What justification can there possibly be for taking such rash and foolhardy action?

Amendment 68 also requires a resolution in Parliament as to whether such action should go ahead. It is all about bringing back control to Parliament. Why would the Government—who are so keen on bringing back control to the UK—not wish to give Parliament the say on whether EU retained rights and protections should remain? Why should consumers not have the protection of a vote in Parliament? Perhaps the Minister could tell us why he does not want to know what the advantages and disadvantages of legislating would be and does not want consumers to have their rights taken into account.