New Clause 1 - “Assimilated law”

Part of Retained EU Law (Revocation and Reform) Bill – in the House of Commons at 4:15 pm on 18 January 2023.

Alert me about debates like this

Photo of Bambos Charalambous Bambos Charalambous Shadow Minister (Foreign, Commonwealth and Development Affairs) 4:15, 18 January 2023

I rise to speak in support of amendments 18, 19, 21, 24 and 36. What is clear from the Government is that this Bill is ideologically driven, lacks common sense, avoids parliamentary scrutiny and puts rights and protections that we have had for many years at risk of being revoked and deleted. In short, the Bill plays Russian roulette with our rights and protections, and the Government cannot even tell us how many or give us an exhaustive list of which ones. When the Government unite groups ranging from the RSPB to the Law Society in opposition to the Bill, they should take note. This Bill creates uncertainty and is careering at great speed towards the edge of a cliff on 31 December 2023.

If the Government want to ensure that workers’ rights and environmental protections are not lost, they will have no problem in accepting amendments 19 and 21, which would exclude those rights and protections from the 31 December sunset clause and stop them from falling off a cliff edge. The Government have adopted 31 December as the date for the sunset clause, but they have not told us why. If they cannot even provide a definitive list of all the EU retained law that will be revoked in time for that date, surely that suggests we need more time to get the list ready.

Considering the wide range and extent of the rights and protections that we know about, surely having a longer sunset clause will help the Government to give greater certainty, which we were told was one of the reasons for the Bill. The Government should therefore have no problem at all in accepting amendment 18, which extends the sunset clause to 2026. It would also allow the Government greater opportunity to bring Bills for primary legislation, allowing greater scrutiny by the House in replacing the retained law that they propose to delete.

The Minister has continually failed to answer the question of exactly how many retained EU laws will be revoked under the sunset clause, and I do not understand why that is a problem. Surely all the retained EU law is there before us, and we should be able to find out exactly which regulations need to be retained and which will be deleted? There is no excuse. No new EU law has come about since we left the European Union, so that retained law should be easy to find. I cannot understand why we do not know which laws will be revoked under this Bill.

Amendment 36 requires the Government to publish an exhaustive list of every piece of legislation that is to be revoked under the sunset clause. Parliament should not be asked to vote on the revocation of these laws when we are not aware of which laws or how many there are. We need to be told, because that is one of the very points of having this Bill before us.

On the Henry VIII powers that the Bill gives to Ministers, which are designed to avoid parliamentary scrutiny, what are the Government afraid of? We should have parliamentary sovereignty; we should be the ones to decide which laws we want to retain and to revoke. Primary legislation should be brought for the laws that are revoked. There is no excuse for the clause to be there. Do the Government deny that there is a need for primary legislation? There will be laws revoked for which there will need to be legislation. Which ones are they and why can they not be put into a Bill and brought before this House? That would give the House greater scrutiny and allow us to ensure that we do not accidentally lose certain laws.

The Bill is a bonfire of our rights and protections. The haste with which it is being brought through Parliament and the 2023 sunset clause put us in serious danger of things being accidentally revoked and our rights and protections being lost. The amendments proposed make a bad Bill better, and the Government would be wise to support them. If the Government press ahead with the Bill unamended, they will have to explain to the House when any rights and protections are lost after 31 December, and they cannot then say that they were not warned.