All 4 Patrick Grady contributions to the Retained EU Law (Revocation and Reform) Act 2023

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Wed 24th May 2023
Wed 21st Jun 2023
Retained EU Law (Revocation and Reform) Bill
Commons Chamber

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Retained EU Law (Revocation and Reform) Bill

Patrick Grady Excerpts
2nd reading
Tuesday 25th October 2022

(2 years, 1 month ago)

Commons Chamber
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Patrick Grady Portrait Patrick Grady (Glasgow North) (Ind)
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On a point of order, Madam Deputy Speaker. I have the Bill in front of me. It states that it is presented to the House by “Mr Secretary Rees-Mogg”, but the right hon. Member for North East Somerset (Mr Rees-Mogg) is sitting on the Back Benches. Can you explain to the House how on earth we can possibly proceed with what was essentially a vanity project for that particular individual? Would it not be better for him to try his luck with a 10-minute rule Bill, or in the private Members’ Bill ballot?

Baroness Laing of Elderslie Portrait Madam Deputy Speaker
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The hon. Gentleman gets the prize for making the best point of order of the day, and possibly of the month or Session. His observation about what is printed in the Bill is correct, as is his observation that the right hon. Gentleman to whom he refers is sitting in his previous customary place on the Back Benches. At the point the Bill was printed, the Secretary of State was the right hon. Member for North East Somerset (Mr Rees-Mogg), but government is seamless. The name of the right hon. Gentleman, then Secretary of State, being on the Bill is of historical importance, but of no constitutional importance today. Other Ministers are now ready to speak at the Dispatch Box representing the Government, and all Government Ministers are Ministers—[Interruption.] I hear a sedentary interruption from somewhere of “for now”, but that is exactly my point: individuals are transient; government is permanent—[Interruption.] Permanent during the space of one Parliament. As we are in that same Parliament, the personal position of the right hon. Member for North East Somerset is, I am sorry to tell him, irrelevant for the moment. I call the Minister, who last week was a new Minister and is now a seasoned Minister, to move Second Reading.

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Dean Russell Portrait Dean Russell
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I will not take many more interventions. I will continue for a short while.

Prior to 31 December 2023, the Government will determine which instruments should be preserved, which should be reformed and which should be revoked. I commend colleagues from across all Departments for their gallant efforts in establishing ambitious reform plans that will help to drive growth. We are already in the process of removing outdated retained EU law in financial services through the Financial Services and Markets Bill and have already repealed outdated rules, which has enabled us to capitalise on tax freedoms.

Patrick Grady Portrait Patrick Grady
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I thank the Minister for giving way. He is making the case for the constitutional importance of the Bill. As I asked him in Westminster Hall last week, will he not accept that the timetable proposed by the Government in the programme motion is wholly inadequate for the scrutiny of a Bill of such constitutional importance? If he will not commit the Bill to a Committee of the whole House, can he at least guarantee that we will have longer than a day on Report, so that it can receive the scrutiny it really deserves?

Dean Russell Portrait Dean Russell
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I thank the hon. Member for his comments and for taking part in the debate last week. To be honest, we would have had more time today to debate if we had not played silly games earlier with votes and points of order, although I accept that they were important.

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Jacob Rees-Mogg Portrait Mr Rees-Mogg
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I am very grateful to my right hon. Friend, who has made an excellent point. The ability of the House to get through its business is exceptionally good, and it is able to do so in an orderly way, as my right hon. Friend showed in dealing with the no-deal Brexit legislation.

Patrick Grady Portrait Patrick Grady
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Given his commitment to scrutiny by the House, the right hon. Gentleman, who said that he was involved in drafting of the Bill, must have had sight of the draft programme motion as well. The European Union (Withdrawal) Act 2018, which created retained EU law, was given eight days of scrutiny on the Floor of the House in Committee, and two days on Report. Does he really think that the time the Government are providing for scrutiny of this Bill is sufficient?

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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There is always a discussion to be had about whether a few days in a Committee of the whole House or upstairs in Committee provides better scrutiny. People sometimes reach different conclusions on that, but there will be a proper opportunity for a Committee stage upstairs, and I think that is perfectly reasonable.

I want to go back to the fundamental point about the supremacy issue. Let me reiterate that anyone who opposes the Bill is in fact re-fighting the Brexit battle.

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Patrick Grady Portrait Patrick Grady (Glasgow North) (Ind)
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Some 78% of voters in Glasgow North voted to remain in the European Union in 2016, but now in this Bill they find out what “Brexit means Brexit” really means: not just moving away from European directives and regulations, but an attempt to literally erase from history the fact that the UK statute book was ever influenced by them at all. It was this Government who invented the concept of retained EU law with the European Union (Withdrawal) Act 2018, and now they want to abolish it.

I was going to say that the former Secretary of State for Business, Energy and Industrial Strategy, the right hon. Member for North East Somerset (Mr Rees-Mogg), like some even more terrifying version of the Borg queen from “Star Trek”, would decide which regulations would become assimilated and which would be ejected into the cold vacuum of space, but he has ejected himself to the cold vacuum of the Conservative Back Benches.

The rejections being imposed by the Government start with the core principles of European law: the equality principle and the protection of fundamental rights. That is what Brexit really means in the minds of the hard Brexiteers: getting rid of all the protections that have improved the safety and wellbeing of people and nature, and putting the drive for profit, externalising responsibilities and the race to the bottom back at the heart of trade and the economy.

Can the Minister name a single stakeholder, even among the former Secretary of State’s friends in the City of London, who genuinely think this Bill is a sensible, pragmatic approach to reforming retained EU law? As we have heard from Members across the House, there is a list as lang’s my arm of groups and organisations who think it is the precise opposite. They call it dangerous, a cliff edge, a power grab and more. Workers’ rights, environmental rights, consumer protections, health and safety standards, the Northern Ireland protocol, the devolution settlement and the building blocks of parliamentary scrutiny and democracy are all at risk from the provisions of the Bill. Yes, there are suggestions from some of the stakeholders for reform, amendments or changes, but the overwhelming consensus is that the Bill should be stopped and scrapped outright.

In Westminster Hall last Wednesday and in the debate today, Ministers have been unable to give a coherent or compelling reason as to why the provisions of the Bill are necessary at all. If Parliament genuinely is sovereign, and if we really have taken back control as a result of Brexit, surely the approach to retained EU law should be the same as to the rest of the statute book: propose policies, engage with our constituents, consult stakeholders and then legislate as necessary through the usual processes of political debate and deliberation in Parliament— but no.

The irony is that the Bill was proposed by a Secretary of State who carved out a role for himself as a defender of Back Benchers, the rights of the House and parliamentary sovereignty, and now from the Back Benches he cheerleads a power grab of unprecedented proportions, even in a world where unprecedented events seem to be taking place on a daily basis. The Brexiteers’ logic was that the EU had become all-consuming and stood in the way of this Parliament’s freedom to consider and legislate for the allegedly unique challenges facing the United Kingdom. Faceless Brussels bureaucrats and unaccountable commissioners were standing in the way of hallowed British parliamentary sovereignty, but now faceless Whitehall mandarins and out-of-touch Tory Ministers will essentially be given all the powers that were once held by the whole suite of EU institutions—its Executive, its legislature and its courts. All those processes will be wrapped up into this one piece of legislation.

That is to say nothing of the total disrespect being shown by the Government to the devolved legislatures on these islands. Tory Ministers sometimes like to ask Members from Scotland to name one devolved power that is being taken back by Westminster after Brexit, and now we know the answer: pretty much all of them. Anything previously regulated by retained EU law can be changed across the whole of the UK at the stroke of a ministerial pen, even if it is in a devolved area. The whole edifice of devolution is being undermined faster than you can say “Sewel convention.” That is particularly important because the Scottish Government have committed to remaining aligned with EU regulation wherever possible.

Alignment makes trade in goods and services easier and more beneficial to all. It will also make the process of Scotland rejoining the European Union as an independent country that much more straightforward, so perhaps it is not surprising that the UK Government want to ensure that as much of the UK diverges as much and as quickly as possible from the EU acquis.

If that was not bad enough, as I have said in interventions, we need to look at how the Bill is being scrutinised. The European Union (Withdrawal) Act 2018, which created retained EU law, was scrutinised for two days on Second Reading, eight full days in Committee on the Floor of the House, a further two days on Report and then two rounds of ping-pong with their lordships’ House. But this Bill is getting whatever time we have been able to squeeze in before 7 pm today, with a bog-standard programme motion kicking it upstairs to a Committee full of hand-picked Government loyalists to rubber-stamp. A Bill of such constitutional significance should have been debated in a Committee of the whole House, and the Minister and his former boss, the right hon. Member for North East Somerset, know that. I hope that Ministers can commit to a supplementary programme motion for a Report stage that allows proper time for debate and for amendments to be discussed by the House as a whole.

As many hon. Members have said today, this Bill is not about efficiency; it is about ideology—the ideology of a Secretary of State who has now returned to the Back Benches. In reality, as hon. Members have also said, the Government will have to come crawling back to the House, either through the statutory instrument provisions or perhaps even with primary legislation, because what is proposed in the Bill will simply prove unworkable. It is not possible or necessary—let alone safe or secure—to sunset thousands of regulations at the end of next year.

As the right hon. Member for Leeds Central (Hilary Benn) and other hon. Members have said, there will have to be extensions, whether to the next arbitrary date of 2026, or perhaps a broader kind of continuation, much like what was established under the European Union (Withdrawal) Act in the first place. In the meantime, there will be uncertainty, confusion and a further erosion of any pretence of democratic scrutiny and accountability in the House. In among the Westminster chaos, people in Glasgow North and across Scotland can see what is happening, and they want no part of it. Their chance for a different kind of repeal Bill—the repeal of the Act of Union 1707—is coming very soon.

Retained EU Law (Revocation and Reform) Bill

Patrick Grady Excerpts
Nusrat Ghani Portrait Ms Ghani
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Thank you, Mr Deputy Speaker. To ensure that the devolved Governments are also able to fully seize the benefits of Brexit, we are providing them with the tools to reform the retained EU law that is within their own devolved competence. That will give the devolved Governments greater flexibility to decide how they should regulate those areas currently governed by retained EU law. The majority of the powers in the Bill are conferred on the devolved Governments, which will enable them to take more active decisions about their citizens and their businesses. The devolved Governments will also have the ability to decide which retained EU law they wish to preserve and assimilate, and which they wish to let sunset within their devolved competences.

Since we left the EU, more powers have already been passed on to devolved Administrations, in areas such as farming, fishing and the environment. Under the Bill, these powers can continue to be there. The question is: why would they not enjoy that power to make sure that decisions are taken that best fit their communities? We have carefully considered how this Bill will have an impact on each of the four great nations and we recognise that it is of paramount importance that we continue to work together as one on important issues, including the environment.

As has been mentioned, we accept that some retained EU law in scope of the sunset is required to continue to operate our international obligations, including the trade and co-operation agreement, the withdrawal agreement and the Northern Ireland protocol. Therefore, I am happy to make a commitment here today that the Government will, as a priority, take the action required to ensure that the necessary legislation is in place to uphold the UK’s international obligations. In the near future, we will set out where retained EU law is required. Obviously, as well as sharing things on the dashboard, we are working closely with officials in Northern Ireland.

One amendment relates to carving out devolved nations. This Bill must and should apply to all nations of the UK. The territorial scope of the Bill is UK-wide and it is therefore constitutionally appropriate that the sunset applies across all four sovereign nations of the UK. One of the Bill’s primary objectives is to end retained EU law as a legal category across the UK. Providing a carve-out for legislation that is within a devolved competence would severely impact the coherence of the UK statute book and legal certainty for our public and businesses.

I also commend my Cabinet colleagues who are already making gallant efforts to establish ambitious reform plans that will help to drive growth. We are already in the process of removing outdated retained EU law in financial services, through the Financial Services and Markets Bill, and we have already repealed other outdated rules, enabling us to capitalise on tax freedoms. For example, the Government have ended the tampon tax by removing VAT on women’s sanitary products. We have also been able to embrace other opportunities, such as on vaccines, freeports, gene editing, free trade agreements, EU budget payments, immigration control, fishing and even foreign policy on Ukraine. Outside the EU’s unwritten rules on solidarity in foreign policy, we were the first to send arms to defend Ukraine, ignoring German bans on such equipment. That is unlikely to have happened when we were in the EU.

Nusrat Ghani Portrait Ms Ghani
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I will finish this point and then I will take some interventions. We also now have AUKUS, where we have signed a nuclear submarine deal with Australia, in opposition to France; we have new agricultural support schemes; and—this is one of my favourites—no MEPs means more democracy here.

Nusrat Ghani Portrait Ms Ghani
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It will indeed help the cockle industry. The Department for Environment, Food and Rural Affairs has said that it will be maintaining and enhancing when it comes to the environment, including our waters. My hon. Friend is absolutely right; this is just an enabling Bill. It is a process to enable Departments to review EU law to see what we can do to ensure that regulation best suits us here in the UK and that we are nimble for the sectors we want to promote. Some of the sectors we want to work fast and hard in are incredibly progressive and modern, and we cannot have law that is made for a much larger group of nations overseeing us here in the UK.

Patrick Grady Portrait Patrick Grady
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Is that not precisely the point: any Department, at any time, that identifies areas of retained EU law that it thinks need to be reformed can bring forward primary legislation—that is the point of parliamentary sovereignty—so that it can be properly scrutinised in this place? The Minister does not need the powers in this Bill. This House already has those powers—I thought that that was supposed to be the point of parliamentary sovereignty.

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Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
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It is interesting to hear some Members go on about how retained EU law has a special status in UK law. It is only special because the UK says it is; for everyone else, it is just “the law”. Yes, it has been inherited from our time in the EU, but that was the point of incorporating it in the first place, and now it governs and regulates thousands of aspects of our daily lives, and, as we have heard from a number of Members, protects a great many of our hard-won rights and freedoms.

It is a contradiction to say that this Bill, particularly or uniquely, somehow asserts or reasserts parliamentary sovereignty. Every Bill passed in this House asserts parliamentary sovereignty, even for those of us who believe in popular sovereignty. That is the point. As my hon. Friend the Member for Stirling (Alyn Smith) said at the start of the debate a long time ago, there is not a single law, regulation or rule in the corpus of retained EU law that the Government, through this House, could not repeal, replace or reform at any time of their choosing through primary legislation.

In her opening speech, the Minister herself reeled off all the great Brexit Bills and Acts that Parliament has already passed. That proves the point that we do not need the powers in this Bill, and we certainly do not need the sunset clauses and cliff edges that it establishes. The Bill reveals contempt for parliamentary sovereignty—a massive power grab from this House and the devolved institutions, and unprecedented power placed in the hands of Ministers and the Whitehall mandarins who have simply stepped in to replace the Brussels bureaucrats so hated by the ERG and their Brexiteer friends.

If the Government genuinely believed in parliamentary sovereignty and the devolution settlement, they would accept the amendments tabled. They would pay particular attention to amendment 36, as everyone has remarked and several of their Back Benchers have signed. Many constituents in Glasgow North—in which, incidentally, 78% voted to remain in the European Union; I make no apology for standing up for their views—have told me that they believe the amendment will offer at least some degree of protection from the bonfire of rights and freedoms that this Bill represents.

The Government could admit that the game is up and that there is no prospect of seriously reviewing the thousands of regulations that make up EU retained law by the end of this year. They could accept SNP amendment 33 to drop the sunset clause altogether. At the very least, they could accept amendments 28 to 31, which would protect the powers of Scotland’s Parliament and Government to legislate in areas that were already supposed to be devolved under the terms of the Scotland Act. They say there is no power grab, but they have grabbed powers that should have come from Brussels directly to the Scottish Parliament.

But the Government will do none of those things. They will press ahead with the fantasy that this Bill is necessary in the first place, and that its aims are achievable within the timescale set out. It is perhaps ironic that in “Star Trek” there was an evil race called the Borg who would come to assimilate entire planets and civilisations into their collective consciousness. That is how the Brexiteers viewed the European Union. Now, it is the Government who want EU retained law to be renamed “assimilated law” on the statute book. Nothing else will change and the effect of the laws will be the same, but references to the hated European Union will have been purged. What a huge achievement.

Unlike the Borg or the UK Government, it is the EU laws that have protected and enhanced our liberties, freedoms and basic health and safety in these islands over the past 40 years. This Bill, and the Government’s refusal to accept any amendments this evening, expose the Government’s true agenda. By scrapping retained EU law, they want to create a race to the bottom, a buyer-beware, survival-of-the-fittest economy that pays minimal regard to democratic oversight and even less to the welfare of the poorest and most vulnerable. That was the Brexiteers’ agenda all along: stuff the consequences playing out in society and the economy all around us.

Once again, with a rather heavy dose of irony, it will fall to the unelected House of Lords to stand up for democracy and against the worst excesses of this Tory Government. The Government will come back after the Lords have dealt with this Bill with their tail between their legs, admitting that what they proposed was never viable in the first place. For people in Scotland, there is another option—a route out of this Tory madness and back into the partnership, community and mutual respect of the European Union. That is the popular sovereignty that comes with independence.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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I congratulate the hon. Member on his reference to “Star Trek” on Report. At least he referred to the amendments as well.

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Patrick Grady Portrait Patrick Grady
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The Minister would not take an intervention, but I think the right hon. Member for North East Somerset (Mr Rees-Mogg) is going to be pretty disappointed. I suspect it will, ironically, fall to the unelected House to look at the amendments that the Government rejected this evening and decide that perhaps they have a place in the Bill after all. At that point, the climbdown will have to begin and the Bill team, who no doubt have worked extremely hard, will have to work even harder, because they will have to find a compromise and a way to explain why everything the Minister said at the Dispatch Box about how necessary and workable this Bill is was completely and utterly incorrect. In reality, the Bill is totally unworkable and totally unnecessary.

The right hon. Member for North East Somerset and his Brexiteer friends wanted to take back control to this House. They wanted parliamentary sovereignty. This Bill does not assert parliamentary sovereignty; it hands it over to the Executive to pass thousands of laws, or to get rid of thousands of laws, by Executive diktat. That is not parliamentary sovereignty. The people in Scotland can see exactly what is happening, and it will not be long before they reclaim their popular sovereignty.

Retained EU Law (Revocation and Reform) Bill Debate

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Department: Attorney General

Retained EU Law (Revocation and Reform) Bill

Patrick Grady Excerpts
Michael Tomlinson Portrait The Solicitor General
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I pay tribute to my right hon. Friend for her work in this area over a long number of years. I hope her work continues and that we can encourage her to suggest regulations that need scrapping or reforming and, frankly, those that have worked and that we need to hold on to. When I come to the Government amendments, I hope she will be reassured that our approach adopts exactly what she has envisaged.

I turn to the amendments. It is clear that we are fully taking back control of our laws and ending the supremacy and special status afforded to retained EU law by the end of 2023. We are ending the inappropriate entrenchment of EU law concepts in domestic statute. For centuries, our legal systems have developed through common law and case law principles. Indeed, the UK is home to perhaps the most respected legal jurisdictions in the world, not least thanks to our strong judiciary and, crucially, our world-renowned common-law legal system, which is clear, fair, predictable and based on precedent.

Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
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It is great to see that so many Ministers have taken an interest in this Bill during its passage. The Government and this place were already supposed to have the power to do everything the Solicitor General outlines, by taking back control from Brussels. Everything he says could be done through primary legislation, without needing the sweeping powers the Bill grants, much as my Glasgow North constituents welcome the removal of the cliff edge, about which the Solicitor General’s predecessors were repeatedly warned at previous stages.

Michael Tomlinson Portrait The Solicitor General
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I am grateful for the hon. Gentleman’s intervention, but the fact is that this framework Bill will end the supremacy and special status of retained EU law. The reason why so many Conservative Members are sitting on the Government Benches today is because we welcome the fact that the supremacy and special status afforded to retained EU law will end with the passage of this Bill.

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Michael Tomlinson Portrait The Solicitor General
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I pay tribute to my hon. Friend for all his work in this area. He will have heard the Secretary of State’s call for greater scrutiny and for a breadth of experience, which she is determined to draw upon. I am sure that she will draw upon my hon. Friend’s experience too. He is right. We are committed to reducing burdens on business and unlocking economic growth. I ask all right hon. and hon. Members to support amendments (a) and (b) to Lords amendment 16.

Lords amendment 6 undermines a fundamental plank of the Bill—namely, ending the special status of retained EU law on our statute book by repealing section 4 of the European Union (Withdrawal) Act 2018. The matters saved by section 4 consist largely of retained rights, obligations and remedies developed in the case law of the Court of Justice of the European Union. The vast majority of those rights overlap with rights that we already have. Those overlaps can cause confusion and legal uncertainty. By not repealing section 4, and instead replacing it with unclear parliamentary procedures, the Lords amendment would create the very legal uncertainty that was previously criticised.

This is the point: the Bill should end the situation where, to understand and enforce their rights, citizens must decipher the implications of a high-level legal principle giving effect to an ill-defined right or set of rights. Lords amendment 6 does the exact opposite.

Patrick Grady Portrait Patrick Grady
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rose

Michael Tomlinson Portrait The Solicitor General
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The hon. Gentleman, I know, will forgive me because I have been a very long time and I must make some progress. It perpetuates a situation that is unacceptable to the Government and, I would hope, unacceptable to the House.

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Michael Tomlinson Portrait The Solicitor General
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As my hon. Friend knows, I pay enormous deference to those experienced in the law—not least to him, as long-standing Chairman of the Justice Committee—but he heard my response: the Government’s concern is that Lords amendment 6 would replace clause 3 with unclear parliamentary procedures and, in my submission, create the very legal uncertainties that have been previously criticised. That is why I suggest that it is should be unacceptable not just to the Government, but to the House as well, and that the amendment proposed would actually muddy the waters.

Patrick Grady Portrait Patrick Grady
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rose—

Michael Tomlinson Portrait The Solicitor General
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Having given way to my hon. Friend the Chair of the Select Committee, of course I give way to the hon. Gentleman.

Patrick Grady Portrait Patrick Grady
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I think I can help the Minister out here, because from everything he has just described, it appears that what the Government are trying to achieve is that, instead of its being called “retained EU law”, it will now just be called “the law”.

Michael Tomlinson Portrait The Solicitor General
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I sort of agree—although that is a little bit of a facetious way to put it from the hon. Gentleman, but there it is. To deliver clarity, to remove the principle of supremacy in international law, the House must remove this amendment and restore the original clause to the Bill.

Retained EU Law (Revocation and Reform) Bill Debate

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Retained EU Law (Revocation and Reform) Bill

Patrick Grady Excerpts
Michael Tomlinson Portrait The Solicitor General
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This House has been asked these questions before and twice this House has said no, with an overwhelming majority. We are asked to consider, for a third time, two amendments, neither of which is radically different from the amendments we have already rejected. It will come as no surprise to anyone in this Chamber that I invite the House, once again, to disagree with the Lords amendments.

Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
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Will the Solicitor General give way?

Michael Tomlinson Portrait The Solicitor General
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Because the hon. Gentleman asks with a smile every single time, of course I will give way.

Patrick Grady Portrait Patrick Grady
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I congratulate the Solicitor General on his consistency at the Dispatch Box, which was lacking throughout most of the rest of the Bill’s progress, as the hon. Member for Ellesmere Port and Neston (Justin Madders), the Labour Front Bencher, said last time we were here. The selection list says:

“Environmental protection; Parliamentary scrutiny

Govt motion to disagree…Govt motion to disagree”.

That sums it up, doesn’t it? The Government disagree with enhanced environmental protection and they disagree with enhanced parliamentary scrutiny. That was the whole point of Brexit for the Government, wasn’t it?

Michael Tomlinson Portrait The Solicitor General
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I am delighted to have given way to the hon. Gentleman, not least because I like him a lot and because of his smile, but also because of his warm welcome for the Government’s position. I entirely disagree with him; he is wrong. On the last occasion he intervened, he did not hear the whole debate. I invite him to do so this time because, when he does, he will see precisely what the Government’s position is.

I make it clear that we are not rejecting these amendments out of hand. As I stressed in our last debate on the Bill, and as acknowledged by Baroness Chapman in the other place, we have listened to their lordships’ views. We have worked collaboratively on a number of issues and made fundamental changes to the Bill. There has also been significant collegiate working on the reporting requirements that will provide robust scrutiny. Parliament will be able to examine the Government’s plans for reform up to six months ahead of the legislation being tabled, thanks to the regular reporting brought in by that amendment.

Lords amendment 42D is based on the process contained in the Legislative and Regulatory Reform Act 2006, which is a very different beast from a very different Bill designed for a completely incomparable power. A legislative reform order is capable of operating on any statute, including Acts of Parliament, whereas the relevant regulation-making power here is limited to secondary retained EU law, which is not primary legislation.

Further, I respectfully disagree with the noble Lord Hope when, in the other place, he described the process in his amendment as “light touch”, not least because of the fundamental issue of time, which is crucial when we consider how long parliamentary processes can take. Lords amendment 42D envisages up to 60 sitting days for Parliament to consider and debate proposals for statutory instruments, and potentially time after that for further scrutiny before an SI can be made. By adding such significant time for additional scrutiny, this amendment would place in doubt the effective use of the repeal and replace powers before they expire.

Perhaps that is the intention. This is the additional friction that was so neatly alighted upon by my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) during one of our previous debates. Additional, deliberate friction, as my noble Friend Lord Callanan said in the other place

“is not about additional parliamentary scrutiny; this is actually about stopping Parliament acting in this area.”—[Official Report, House of Lords, 20 June 2023; Vol. 831, c. 117.]

It is perhaps worth noting that, since 2008, only 35 LROs have been brought forward.