Retained EU Law (Revocation and Reform) Bill

Debate between Lord Pannick and Baroness McIntosh of Pickering

3rd reading
Monday 22nd May 2023 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I re-echo and endorse entirely the comments of the noble and learned Lord, Lord Hope. I also echo the regrets that the Scottish Parliament and Welsh Assembly have withheld their consent. Quite a broad area of retained EU law will remain by default on the statute books, which I welcome. However, following the comments of my right honourable friend the Environment Secretary over the weekend—particularly those relating to retained EU law and the wine sector—there remains a huge lack of clarity which, regrettably, the amendments in the name of my noble friend Lady Noakes and my noble friend the Minister do not address.

The fact that Defra will be able to revoke and amend large swathes of retained EU law—probably the bulk of outstanding retained EU law, as this relates to the Department of Environment, Food and Rural Affairs—poses great uncertainty for practitioners as well as the businesses that they are trying to advise. So I echo the question put by the noble and learned Lord, Lord Hope, which I too have asked on a number of occasions, as to the up-to-dateness and comprehensiveness—particularly as regards devolved legislation—of the dashboard. Also, regarding the legal status of the dashboard, is it just a signpost or does it have greater significance than that?

I am sure that my noble friend will share my concern as a Minister in his department that there is, regrettably, a great lack of clarity for practitioners and business going forward as the Bill leaves the House today.

[Lord Pannick (CB)]

The noble Baroness, Lady Noakes, introduced Amendment 1 by saying that it is designed to promote transparency and accountability. Who could possibly disagree with those objectives? They are vital to this Bill. It seems to me that subsection (1) is modest in its requirements: the updating of the dashboard and the publication of a report. My question to the noble Baroness and, indeed, the Minister is: why, then, is it thought necessary to include in Amendment 1 subsection (4), which provides that:

“If the Secretary of State does not meet the requirements”—


that is the basic requirements—in subsection (1), then certain consequences follow?

It is, I would suggest, very unusual to include in an important provision of a Bill a set of obligations on Ministers but then recognise in another clause of the same provision that they may well not satisfy the important requirements that the noble Baroness rightly suggests should be imposed on them. Should we understand from this that the Minister contemplates that there is a real possibility that Ministers do not intend to comply with the very obligations that this amendment imposes? If they are going to comply with these obligations, surely we do not need subsection (4).