Retained EU Law (Revocation and Reform) Bill

Part of the debate – in the House of Commons at 5:41 pm on 25 October 2022.

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Photo of Alex Cunningham Alex Cunningham Shadow Minister (Justice) 5:41, 25 October 2022

No, I will leave it, thanks.

Rather than scrapping any chemicals regulation, the industry wants to ensure that the system for managing chemicals is both risk and science-based to ensure a high level of protection for our environment and society. Furthermore, the Bill places at risk the UK’s fulfilment of legal obligations outlined by the trade and co-operation agreement. Should there be a breach of that agreement, the EU could seek to impose tariffs on UK goods, increasing the impact on consumers during a cost of living crisis. The Bill in no way delivers the frictionless trade and consistency that the industry desperately needs. Instead, it creates barriers to trade and is loading billions of pounds in extra costs on an industry that is already under pressure due to the energy crisis.

I also fear the Bill’s impact on investment. It saddens me to say this, but why on earth would a multinational company opt to invest in Britain where business life is so much more complicated and expensive when it could be on the continent of Europe where such impediments do not exist? That is not what people on Teesside who voted in large numbers to leave the EU wanted or expected. I seek assurance from the Minister that he will think again about ditching and minimise any deviation from the EU REACH regulations to protect our chemical and other industries.

The Bill also poses a significant threat to workers’ rights, as the TUC made clear. EU-derived law—we have heard this several times—currently delivers: holiday pay; agency worker rights; data protection rights; protection of terms and conditions for outsourced workers; protection of pregnant workers; rights to maternity and parental leave; and rights relating to working time. In many areas, it is unclear what will happen to the protections that workers currently rely on as a basic necessity.

The legal system could very much do without untold chaos. Where EU-derived legislation is restated by Parliament, previous judgments relating to those instruments will no longer be binding. Issues will have to go through the judicial system yet again. The result will be workers and employers spending more time in court to establish what the law now means.

It is worth reporting that, at the weekend, Sir Jonathan Jones KC, the former head of the Government Legal Department, said:

“I think it is absolutely ideological and symbolic rather than about real policy”.

That is shown particularly by the failure of Ministers to provide answers on which areas will be affected.

The Bill also undermines the sovereignty of Parliament, removing the necessary opportunity for scrutiny and giving unwarranted powers to Ministers to revoke, modify or replace laws through secondary legislation. When people voted to leave the EU and take back control, they did not expect to be handing that control to a small bunch of Tory Ministers to do what they liked. We cannot allow Ministers to commandeer the parliamentary process for untold control, enabling them to change vast swathes of our law. Businesses, environmental groups, legal experts and unions are united on the desire to avoid the complications that the Bill will create.

The fundamental flaw on which the Bill rests is that well-established laws currently offering crucial protections on workers’ rights, businesses and the environment can essentially disappear. The former Business Secretary would have all forms of rights and regulations axed, but his days are over. It is important that Grant Shapps takes the opportunity to review this madness before it causes unbounded chaos and focuses instead on tackling the real problems that our country faces.