Draft European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022

Neil O'Brien Excerpts

Thursday 3rd March 2022 General Committees

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O’Brien)]

I beg to move,

That the Committee has considered the draft European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022.

It is a pleasure to serve under your chairmanship, Dr Huq. As Members will be aware, the draft regulations that we are considering were made under the powers of the European Union (Withdrawal) Act 2018. The regulations were laid in draft before the House on 25 January 2022 and are subject to the affirmative procedure.

If approved and introduced, the draft regulations will repeal powers in section 12 of the EU (Withdrawal) Act, which gave a regulations-making power to temporarily freeze devolved legislative competence while UK common frameworks were finalised. The draft regulations will also make consequential provisions, including the removal of limits on devolved legislative and executive competence introduced into the devolution settlements, in addition to any cross-references to those powers.

The section 12 powers to freeze devolved competence, which the draft regulations will repeal, were always intended to be time-limited, and they expired on 31 January. The powers provided a useful contingency while common frameworks were being worked out by the Government and the devolved Governments, but they were never intended and never needed to be used.

The fact that the powers have not been used is credit to the collaborative spirit with which the Government and the devolved Governments have worked together successfully to develop common frameworks. Those frameworks now play an essential role in underpinning a common approach across the UK to policy areas that had previously been governed by EU law and that are within devolved competence. I am pleased to report that 30 out of the expected 32 common frameworks are in operation.

The EU (Withdrawal) Act contains an in-built duty on Ministers to consider the repeal of section 12 powers. As the powers were never used and can in fact no longer be used, there was almost no justification for retaining them. On top of removing those redundant powers, the draft regulations will remove the statutory obligation on the Government to report to Parliament on the use of the formal powers. As Members will be aware, the Government have produced 13 such reports and will shortly publish a 14th.

The draft regulations may appear to be little more than housekeeping, but I believe that they are also a reflection of the huge progress that the Government have made with the devolved Governments in developing new common frameworks. As we speak, those frameworks are fostering a consistent approach across the UK to a broad range of policy areas, from fishing to food labelling, and nutrition to hazardous substances planning. I commend the draft regulations to the Committee.

--- Later in debate ---

[Neil O’Brien]

We are in broad agreement with the hon. Members for Nottingham North and for Edinburgh North and Leith. These were one-time-only measures and were not used. This is probably not the place to relitigate everything to do with UKIM, but I am happy to discuss that further later. For all the reasons that I have set out, I hope that the Committee will support the draft regulations.

Question put and agreed to.