Retained EU Law (Revocation and Reform) Bill

Debate between Simon Hoare and Alyn Smith

Consideration of Lords amendments
Wednesday 24th May 2023 Commons Chamber

[Alyn Smith]

That is a fair point. My interpretation of the amendment is that it should be in the devolved areas; otherwise, I do not think it makes any logical sense. I do not think members of the devolved Administrations should be able to withhold consent to other areas being passed. That is a reasonable position that I think we can agree on, and I invite colleagues to do so.

[Simon Hoare]

I agree with the hon. Gentleman’s reading that the amendment leads to withholding consent only in devolved areas, but somebody else could argue perfectly legitimately that it would cover everything. Because it is opaque and open to interpretation, there is a risk of one opinion saying X and another saying Y. The point raised by the former Attorney General, my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), is key: because it is not clear—whether by accident or design, I am unsure—it does not merit support.

[Alyn Smith]

The hon. Gentleman makes an interesting point. I have to say that I do not agree with him. The intention of the amendment is clearly about protecting the devolved settlement. It does do that, and that is certainly the SNP’s interpretation of it. We do not have Members in the Lords, but if there was scope for redrafting that provision, we would be open to it. Our position, however, is that it defends the devolved settlement. I do not think there is any serious risk to any other provision.