Retained EU Law (Revocation and Reform) Bill

Stella Creasy Excerpts

Tuesday 25th October 2022 Commons Chamber

[Graham Stuart]

I am normally generous in giving way but—am I allowed to use the word “hogwash”?—I have heard so much hogwash from Opposition Members during the debate that I feel that it is necessary to put straight the misrepresentations and, frankly, scaremongering that they have engaged in.

It is my sincere hope that Opposition Members, including those in the hon. Gentleman’s party, focus on improving the lives of their constituents—not on rehashing the debates of 2016 or indeed 2014. In both cases, as I remember, he saw a referendum result that he did not like and that, therefore, he has refused to accept.

The UK Government remain committed to respecting the devolution settlements and the Sewel convention. There are provisions in the Bill that engage the legislative consent motion process. In the light of that, we have sought legislative consent for the provisions from the Senedd, the Scottish Parliament and, if possible, the Northern Ireland Assembly. To that end, the former Secretary of State, my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg), and his officials met frequently with their devolved counterparts to discuss the Bill’s scope and overall policy and to address any concerns that they may have had. We will continue to do so throughout the Bill’s passage through Parliament.

Several hon. Members raised specific concerns about the impact on Northern Ireland. I reassure the House that we will stand by our international commitments. We will preserve, restate or reform retained EU law to uphold those international obligations.

On sunsetting, some hon. Members, including the right hon. Member for Leeds Central (Hilary Benn), questioned the need for a sunset and, again, used fairly hyperbolic language about its impact. A sunset is the quickest and most effective way to reform retained EU law. It provides a straightforward way for outdated retained law to be repealed, and provides Whitehall—not always the swiftest moving bureaucracy, as he knows as well as I do—with an incentive to review the law on its books. I am pleased to say that that will not start after the passage of the Bill; it is already going on. The sunset will ensure that retained EU law does not become an immutable legal category—much as some EU aficionados among the Opposition, who lost in that referendum, may wish it to be. Instead, it incentivises the genuine reform of retained EU laws in a way that will work best for the United Kingdom.

This does not, however, mean that we are removing all retained EU law. Retained EU law that is deemed desirable by the Government or, indeed, the devolved authorities will be preserved using a power in the Bill beyond the sunset date as “assimilated law”. Moreover, as my hon. Friend the Parliamentary Under-Secretary of State said at the beginning of this debate, retained EU law that is primary legislation is not within scope of the sunset. I am therefore happy to confirm that the Civil Aviation Act 1982, which the hon. Member for Walthamstow (Stella Creasy) was so concerned about— I do not know if she is in her seat—

[Stella Creasy]

I’m here!

[Graham Stuart]

Great. I am pleased to give the hon. Member the reassurance that that Act will not be in scope of the sunset.

It has also been suggested by the hon. Member for Stalybridge and Hyde that sunsetting risks creating a legal vacuum. I do not believe this is the case. We are thoroughly reviewing all retained EU law, and establishing plans of action to ensure that the regulatory environment is substantially improved for the UK. The Bill and the use of its delegated powers will ensure there are no legal vacuums. Where it is desirable to do so, we will introduce new regulatory frameworks, and where the current laws and regulation work well, we will ensure their ongoing function. Finally, where it is necessary, we can utilise the extension power to allow more time for review.