Retained EU Law (Revocation and Reform) Bill

Viscount Stansgate Excerpts

Committee stage
Tuesday 28th February 2023 Lords Chamber

[Lord Inglewood (Non-Afl)]

My Lords, forgive me declaring my interests in the register—I am personally an environmental sympathiser. I will briefly talk about land. It is obvious, but sometimes overlooked, that every square inch of this country belongs to somebody. Therefore, every square inch of this land has to be managed by somebody. The legislation seriously affects land of all types everywhere, regardless of whether it is owned by the National Trust, the Church of England, a great duke, a pension fund, a small farmer or a speculative builder.

If you are managing land, you need certainty and you need to know the framework within which you are operating. What is proposed in the Bill, as it was described this afternoon, is precisely the opposite: we are looking into a void of not necessarily even uncertainty but a lack of knowledge. If we were talking about the commercial activities in the City of London, it is inconceivable that anyone would seriously suggest that this approach to dealing with this kind of problem was sensible and in the national interest. If you are going to effect change of the kind we are discussing, you need lead times for people to adapt what they are proposing to do—land management is a long-term business—and to therefore get themselves in a position to respond and operate in the world that is coming into effect.

Of course, as the noble Baroness, Lady Lawlor, said, it is not necessarily that we cannot introduce legislation in this country to improve environmental controls and protections—we are and will continue to do so. Indeed, the same will happen on the other side of the channel in the European Union. As an aside, it is worth remembering that a lot of this legislation is part of the single market. If we are to continue to export into the single market—albeit that there may be certain greater formalities through which we have to proceed—and if we manage to tweak our environmental legislation in certain minor respects, we may find that we are excluding a considerable amount of exports for no material advantage to our nation’s economy.

Finally, against this background, the way the mechanism of the sunset clause has been introduced in the Bill has rightly been excoriated by almost every speaker. It is far too short, quite apart from anything else, and it does not provide for any form of parliamentary control or consultation. One of the interesting characteristics of environmental legislation over the last few years and decades has been the value of consultation: you end up with better legislation, which benefits everyone affected.

In simple terms, people in this country who are in control of and managing land need to know the rules of engagement in order to operate the best that they can. The Bill proposes something that does not enable them to do that.

[Viscount Stansgate (Lab)]

My Lords, this is a very unsatisfactory and frustrating Bill in which to take part. I am sorry that I missed most of the first day of Committee—I was on a committee visit—but I have listened to a great deal of the debate, and I was present in the Chamber on Thursday to hear the remarkably idiosyncratic triage description of my noble friend Lady Young of Old Scone. Like other Members, I listened to some of the exchanges on the previous group, which show that the Bill is being done in the wrong way and should be withdrawn. At the very least, the deadline should be put back several years so that we do not inflict upon ourselves the harm that we are about to.

I point out that the Environment Minister, who is with us today and for whom I believe there is an enormous amount of good will around the Committee, will nevertheless have a very difficult job to persuade the Committee that his department has the sheer capacity to process the large number of regulations that are covered by the Bill.

I will speak strongly in favour of Amendment 37, ably spoken to by my noble friend from the Front Bench. Of course, that list is very good—she said it was not exhaustive, and that is certainly the case. I add my voice to that of the noble Lord, Lord Krebs, who is not in his place but lurking, on the importance of the REACH regulations, for example. For Members who do not know, this is an enormous and substantial body of work that was in fact the largest piece of legislation ever considered by the European Parliament, for a very good reason: it is really important and covers such a wide range of areas. To adapt the phrase used by the noble Lord, Lord Krebs, it is about human health as much as anything else.

I would be happy to vote for Amendment 37 but, to be quite honest, even if I did and it passed, would it be the complete list of all of the environmental protections that we want to see retained? Would it fulfil the Minister’s own commitment, which I am sure that he will make from the Dispatch Box, that the Government remain committed to supporting environmental legislation? The best thing that the Minister can do, apart from withdrawing the Bill, is get up at the Dispatch Box and say, “Amendment 37 is very good and I support it, but it leaves out all of these other measures that I have unearthed by Google-searching the National Archives. If we want to be a Government and Parliament that fully support the environmental legislation that we are so proud of, I would like to add the following range of other matters to the amendment”. We could then perhaps make a better attempt at improving what is, I am afraid, a very bad Bill.

[Lord Cormack (Con)]

My Lords, I apologise for not being present for very much of the Second Reading— I had other parliamentary duties.

We have had some very wise, brief speeches just now, from the noble Viscount, Lord Stansgate, and my noble friend sitting behind me, who made a very good brief speech. Various things stand out. It is never good to legislate by deadline. When you are dealing with such a vast amount of regulations—some complex, some simple —to say that all of them have to be effectively expunged by the end of the year, apart from some that may be retained, is not a sensible way to behave. It places an enormous burden upon Parliament and places enormous power into the hands of Ministers.

I share the respect and affection that people feel for my noble friend Lord Benyon, whose father and I entered the House of Commons on the same day, way back in 1970, along with my noble friend, Lord Clarke of Nottingham, who is with us this evening. He was an environmentalist par excellence, and I know that his son has inherited his love for the countryside and his determination that it should be properly preserved and used.

Many of the directives listed in Amendment 37 are of great importance. We have to remember—I do not want to cross swords with my noble friend Lady Lawlor, who made one very good point about the selling of caged birds—that we do not have the best record in this country. On loss of species, you have to look only at what were very common birds when I entered the House of Commons, such as the starling and the sparrow and many others. Some of them are hanging on by a thread. The wonderful counterexample of the red kite is not unique, but not many fall into that category. It seems very silly to decide that the Bill has to go through in this form.

We had a very good example yesterday of the Prime Minister realising, after painstaking negotiation, that the protocol Bill, which many of us in this House opposed and were determined not to let through, should be dropped. He achieved more than that Bill would ever have achieved, and not only that but he achieved a wonderful improvement in our relations with our European friends and neighbours, which is a very good example to take.

--- Later in debate ---

Amendment 37 seeks to exclude whole swathes of environmental retained law from the sunset. I stress again that these amendments are not necessary, as the Government have been clear that we will uphold our environmental protections. The UK is a world leader in environmental protection. In reviewing our retained EU law, we want to ensure that environmental law is fit for purpose and able to drive improved environmental outcomes. I referred earlier to the extension mechanism. That exists when the sunset date approaches and there is more work to do.

[Viscount Stansgate (Lab)]

The Minister raises this point about the extension mechanism. Does that mean in effect that the Government’s approach is now to retain, reform, remove or delay a decision? If so, we may be talking about four buckets.

[Lord Benyon (Con)]

A delay is reform, because it gives more time to get it right. There may be specific technical issues relating to a regulation that require more work to be done than can be allowed in the timeframe of the sunset.

On the marine issues, which the noble Viscount raised, we are committed to 30% of seas being protected. We have very clear policies on restoring fisheries and fish biomass in the sea, and we have provisions through the marine strategy framework and others to see that achieved.

A number of Peers have raised the issue of resources. We are putting huge resources into this. The noble Lord, Lord Fox, is right to raise this, and I understand the concerns. We want to make sure that we understand each and every one of the more than 1,700 areas of retained EU law. Our default position is to retain. Resources for retained EU law legislation will be needed from a range of policy officials, such as analysts and lawyers, to deliver a significant legislative programme. My officials are working closely with BEIS and the Cabinet Office to ensure that Defra has sufficient resources. Our aim will be to ensure that important work unrelated to retained EU law will continue.

Retained EU Law (Revocation and Reform) Bill

Viscount Stansgate Excerpts

Committee stage
Thursday 2nd March 2023 Lords Chamber

[Baroness Crawley (Lab)]

The Minister has not heard what points I make; I do not know how he can say I am making the same points. The Bill affects sectors right across the UK—people, businesses, trade unions and consumers—and that is why I am raising this. I think the Minister should not have intervened. It is Committee and I have every right to make a minute’s worth of comment.

[Viscount Stansgate (Lab)]

My Lords, this has been a very educational debate. On Monday this week, two groups of sixth-formers came to visit me here and we discussed things upstairs in Committee Room 1, chosen specifically because of its judicial resonance. They are studying for their A-level exams and the question they put to me was about Parliament’s role in scrutinising the Executive: how effective is it? They were very sharp and on the ball, and they wanted to know and to have examples. But when it comes to the Bill we are discussing today, I could not possibly say that this is a good example of Parliament’s ability to scrutinise the Executive. This Government, we know, claim that their major policy success was to take back control—but in my view it was never to take back control to the Executive but to Parliament. I am heartened by the speeches of the noble Lords, Lord Hamilton and Lord Hodgson, because I see reflected in both of them a wish to see Parliament as the centre of decision-making in Britain—the Executive are a part of it but Parliament is the heart of it.

We have a number of amendments before us, Amendments 32, 141A, 43, 44, 62A and so on, and each in its own way has a contribution to make. I would be minded to support them all because, whatever happens as a result of the debates we have on the Bill, everybody knows we need proper parliamentary scrutiny of what is about to happen—we do not even know what is going to happen to the vast range of legislation to be covered by the Bill.

History will not regard this Government well if future students of politics, of the kind I talked to on Monday, reach the conclusion that Parliament has lost its ability to scrutinise the Executive. In finishing, I quote one Member’s explanatory statement for one of the amendments we are discussing today: it seeks to give

“Parliament the ability to scrutinise these decisions. It would also allow Parliament to overrule the Executive”.

That is exactly what parliamentary democracy is supposed to be about.

[Baroness Chapman of Darlington (Lab)]

I shall be very brief, because I can see we are testing the Minister’s patience. He perhaps needs to indulge in some breathing exercises or something—maybe yoga, I do not know. We are not deliberately detaining Ministers here; we are trying to do our jobs thoroughly.

I quite rudely interrupted the noble Lord, Lord Kerr, earlier, in my enthusiasm to understand the point he was trying to make. He needed no help from me in making his case, but I do not want the point to get lost when the Minister responds. The noble Lord asked a really important question about what is going to happen if a piece of law is lost because the search process did not identify it. How will a court know that it should not be adjudicating based on that piece of law? How will a citizen know that a piece of law is no longer applicable because it was lost as a result of this process? This is such an important point that has not come up before this group of amendments. It will be very difficult for us to engage positively with subsequent groups without having a full, comprehensive answer to the question of the noble Lord, Lord Kerr. I do not want that to get lost in what I am sure is going to be a comprehensive and enlightening response from the Minister.

Retained EU Law (Revocation and Reform) Bill

Viscount Stansgate Excerpts

Report stage
Monday 15th May 2023 Lords Chamber

[Baroness Noakes (Con)]

With the greatest respect to the noble and learned Lord, I think the main substance of sunsetting has been removed by the amendments put forward by my noble friend because we do not reach a cliff edge at the end of this year, or such a later date as might have been put in place, for the whole of retained EU law to disappear if it had not been dealt with. That is the issue that I was referring to.

Perhaps I could just complete what I was saying. I hope that between now and our next day on Report we can have some constructive dialogue with my noble friend the Minister about how we can have some kind of process, information sources, or whatever, to ensure that what we have lost with these amendments—which is ensuring that we deal with the whole of retained EU law—can be salvaged.

[Viscount Stansgate (Lab)]

My Lords, it is not my intention to detain the House for long, because I think the House wants to move to a decision, but I will make one point about what might be described as the big picture. Today’s debate takes its place in the long history of debates about Europe and will be interesting to read afterwards. However, about a couple of weeks ago—I forget exactly how long ago it was—we had a short debate in this Chamber on the state of parliamentary democracy. The noble Baroness, Lady Neville-Rolfe, replied to it as the Minister. We did not have enough time, but it was a useful debate to have. I suggest to the House only that the sense expressed during that debate, that over a long period Parliament has lost power to the Executive and that what we need is to reclaim power for Parliament over the Executive, is best encapsulated by Amendment 2 in the name of the noble and learned Lord, Lord Hope. I very much hope that the House passes it.

[Baroness Jolly (LD)]

My Lords, I will speak briefly in support of Amendment 16, tabled in my name alongside those of the noble Baroness, Lady Finlay of Llandaff. and the noble Lords, Lord Clarke of Nottingham and Lord Collins of Highbury. I declare an interest as president of the Royal Society for the Prevention of Accidents, RoSPA. I am sure I speak on behalf of many Peers from across the House in expressing relief at the U-turn. It is testament to the House, as well as to organisations such as RoSPA, that swathes of life-saving health and safety legislation are saved from the REUL bonfire.

Health and safety impacts every area of our lives and it is not limited to certain sectors. I hope the debate around the specifics of the Bill has shone a light on the need for a holistic approach when addressing these issues. The House will have heard me say before that the UK is a global beacon for safety. Thanks to the Minister’s amendment, I am hugely reassured and say that this continues to be the case.

Retained EU Law (Revocation and Reform) Bill

Viscount Stansgate Excerpts

Consideration of Commons amendments
Tuesday 6th June 2023 Lords Chamber

[Baroness Altmann (Con)]

My Lords, from my perspective, the way in which the noble Lord, Lord Anderson, moved and explained his Motion was extraordinarily powerful. My summation is that this is an existential issue—we are way down a slippery slope. I respect the views of the elected Chamber. Had we been subject to a general election or a referendum which asked the British people whether they wanted control given to an Executive, consisting of a number of Ministers, or to each of their elected Members of Parliament equally, and the British people had supported the idea that we become an elected dictatorship of some kind, that would be a different matter. However, I do not believe that that has been put to the British people. I believe that the constitutional safeguards which this House represents, and which are there to protect ordinary citizens, need to be better safeguarded. I will therefore support Motion B1.

[Viscount Stansgate (Lab)]

My Lords, I was not intending to speak so I shall be brief. This House is not elected—we know that—but that is not to say that it does not have a role, which it does. We heard a speech just a moment ago suggesting that ping-pong, the stage in which we are at the moment, is a game that should have just one exchange and leave it at that. There is no urgency about the time that it might take to ask the elected Chamber to think again. I am in favour of allowing the other place to think again. When you consider the wider history—we have just had reference made to it, quite rightly—we are going to allow a Bill of such magnitude to go through, shifting the balance of power between the Executive and the legislature in such a way, that people later on will look back and wonder why on earth the House did not express some degree of steadfastness in its view that the Government should think again. I shall vote for the amendment for that reason.

[Lord Fox (LD)]

My Lords, this has been a fascinating debate, and I will not prolong it much. On Motion B1, the noble Lord, Lord Anderson, and indeed the noble and learned Lord, Lord Hope, who is unable to be here today, deserve, as they have already received, great congratulations. The Minister also should be commended on his flexibility in assuring and reassuring us that we will get the information we need. I hope the Minister can either talk to my noble friend’s question as to the timing and mechanics of keeping the dashboard up to date or give us a detailed letter at some point to let us know how that would happen; that would be helpful.

The substantive debate is around Motion E1. Again, the noble Lord, Lord Anderson, outlined with great detail and clarity the mechanics of how his amendment would work. He made it very clear that the debate in the Commons on the previous amendment has been taken on board very thoroughly in the formulation of this further amendment.

The noble Lord, Lord Jackson, used the word “invalidate” twice, but if he looks at this amendment again he will find that it does not invalidate anything around the purpose and intent of the Bill. What it would do is bring Parliament back into the frame, which is what the majority of your Lordships have been talking about today. That is important. Clause 15 takes very wide powers to revoke and replace retained EU regulation, and as the noble Lord, Lord Anderson, said, the level of this regulation is not normal bits-and-pieces regulation but is essentially primary law. It is not appropriate for statutory instruments to be used to not just change but completely replace primary law without a substantial role for Parliament.

The Minister talked about parliamentary scrutiny being at an appropriate level. It is clear that your Lordships have set out that we do not consider the current level to be appropriate, which is why this amendment is very important. The Government see it as a slippery slope, and will use that argument, but clearly, the exceptional nature of this situation means that it is not so.