Draft Retained EU Law (Revocation and Reform) Act 2023 (Revocation and Sunset Disapplication) Regulations 2023

Debate between Michael Tomlinson and Oliver Heald

Monday 18th September 2023 General Committees

[The Solicitor General]

What warm words of welcome those were, and what a great pleasure it is to follow them. I again thank the shadow Minister, the hon. Member for Ellesmere Port and Neston, for his kind words, as I do the hon. Member for Glasgow North, to whom I will come back in a few minutes’ time.

I thank the shadow Minister for his wide-ranging and detailed comments. He is right in a lot of what he says. I thank him for welcoming the measures, in so far as he does welcome them, and I thank him for his questions. On the question of why revocation is needed, the hon. Gentleman is being a little mealy mouthed, if I may say so, in welcoming this tidying up of the statute book—an important thing that the Government can and should do. He is right to say that that is not the limit of the Government’s ambitions, and of course it is not. He read a very short excerpt from the written ministerial statement—you will be pleased, Mr Stringer, to hear that I will not read all of it—but there are more details in the statement of the plans and ambitions of the Government.

The draft regulations are an important tidying-up exercise, which is why I introduced them as a short but important SI. Tidying up the statute book helps businesses, provides clarity and is good government. This is the dashboard working well and working as it should do. I warmly welcomed the dashboard, as the hon. Gentleman will have. It is right to say that that is part of good governance and of ensuring visibility, so that any of us can log on to gov.uk and see the latest status of things should we be so inclined.

On disapplication and preservation, section 1(4) was part of the retained EU law Bill for that reason. It was always envisaged that there would be a need for an SI such as this, and that is why we are here. I would phrase it in a slightly different way—in terms of good governance, checking, ensuring and preserving where necessary. The hon. Gentleman highlighted a couple of examples. The details were set out and published on 4 September—he is right. There are more details regarding the preservation regulations and SI, but I submit that that, again, is a form of good governance. I welcome his welcome, albeit that it was cautious.

The hon. Gentleman picked out one or two of the rest of the SIs. I agree with his assessment of the Sex Discrimination Act 1975—he is right. It is obsolete and was superseded by the Equality Act 2010. That was one of the SIs that I had highlighted in my notes. He also mentioned regulation 6. It is important to have saving provisions in relation to civil legal aid, as that ensures continuity of civil legal aid. I am not surprised that the hon. Gentleman picked that up—he was right to do so—but it is an important measure. That is why the saving provisions are in place.

Deep down, I think, the hon. Member for Glasgow North warmly welcomed these measures; I think that sums up his five or six minute speech. He called himself pedantic, but I think he is being too self-deprecating. It is important to have pedants on Committees such as this from time to time. I welcome his contribution. He also noted my hon. Friend the Member for Watford, giving me the giving me the opportunity to welcome him to this Committee. His presence highlights the expertise on both sides of this Committee. They sat through the retained EU law Bill Committee and kicked it off on Second Reading—a bit of history.

The hon. Member for Glasgow North reminded us of the history of the Solicitor General. My right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) took through the European Union (Withdrawal) Act 2018 as Solicitor General and, of course, the then Solicitor General Lord Howe took through the European Communities Act 1972. We even have a former Solicitor General on this Committee, as well.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Would my hon. and learned Friend agree that it is not unusual for a Solicitor General to deal with a measure of this sort, which covers a whole range of different laws? I took through the Deregulation Act 2015, which had a similar pattern to it.

[The Solicitor General]

I am grateful to my right hon. and learned Friend. He is absolutely right. As a distinguished former Solicitor General, he took through a number of pieces of legislation, as all Solicitor Generals do. It is always a pleasure to appear on Committees such as this one. The hon. Member for Glasgow North asked whether it would happen again and if it does, and if it is me, I look forward to it very much.