Clause 1 - Sunset of EU-derived subordinate legislation and retained direct EU legislation

Retained EU Law (Revocation and Reform) Bill – in the House of Commons at 5:45 pm on 18 January 2023.

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Amendment proposed: 18, page 1, line 4, leave out “2023” and insert “2026”.—(Justin Madders.)

This amendment moves the sunset of legislation from 2023 to 2026.

Question put, That the amendment be made.

Division number 146 Retained EU Law (Revocation and Reform) Bill — Clause 1 - Sunset of EU-derived subordinate legislation and retained direct EU legislation

Aye: 237 MPs

No: 297 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

The House divided: Ayes 239, Noes 297.

Question accordingly negatived.

Proceedings interrupted (Programme Order, 25 October 2022).

The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

Amendment proposed: 28, page 1, line 6, at end insert—

“(1A) Subsection (1) does not apply to an instrument, or a provision of an instrument, that—

(a) would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament, or

(b) could be made in subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone.”—(Alyn Smith.)

This amendment restricts the automatic revocation or “sunsetting” of EU-derived subordinate legislation and retained direct EU legislation under Clause 1 of the Bill so that it does not apply to legislation that is within the legislative competence of the Scottish Parliament.

Question put, That the amendment be made.

Division number 147 Retained EU Law (Revocation and Reform) Bill — Clause 1 - Sunset of EU-derived subordinate legislation and retained direct EU legislation

Aye: 236 MPs

No: 299 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

The House divided: Ayes 239, Noes 300.

Question accordingly negatived.

Amendment proposed: 19, page 1, line 9, at end insert—

“(2A) Subsection (1) does not apply to the following instruments—

(a) Management of Health and Safety at Work Regulations 1999,

(b) Children and Young Person Working Time Regulations 1933,

(c) Posted Workers (Enforcement of Employment Rights) Regulations 2020,

(d) Part Time Employees (Prevention of Less Favourable Treatment) Regulations 2000,

(e) Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002,

(f) Transfer of Undertakings (Protection of Employment) Regulations 2006,

(g) Information and Consultation of Employees Regulations 2004,

(h) Road Transport (Working Time) Regulations 2005,

(i) Working Time Regulations 1998,

(j) Agency Workers Regulations 2010,

(k) Maternity and Parental Leave etc Regulations 1999,

(l) Trade Secrets (Enforcement etc) Regulations 2018 and

(m) The Health and Safety (Consultation with Employees) Regulations 1996.”—(Justin Madders.)

This amendment would exclude certain regulations which provide for workers’ protections from the sunset in subsection (1).

Question put, That the amendment be made.

Division number 148 Retained EU Law (Revocation and Reform) Bill — Clause 1 - Sunset of EU-derived subordinate legislation and retained direct EU legislation

Aye: 234 MPs

No: 300 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

The House divided: Ayes 238, Noes 301.

Question accordingly negatived.

Amendment proposed: 36, page 1, line 12, at end insert—

“(3A) The Secretary of State must, no later than three months before the date specified in subsection (1), publish a list of all legislation being revoked under this section (the “revocation list”) and lay a copy before Parliament.

(3B) With each update of the revocation list up to the date specified in subsection (1), the Secretary of State must lay an updated copy of the revocation list before Parliament.

(3C) Any legislation not included in the revocation list, as updated, on the date specified in subsection (1) is not revoked.

(3D) At any time before the date specified in subsection (1), the House of Commons may by resolution amend the revocation list by adding or removing instruments specified in the resolution, and the Secretary of State must accordingly lay the updated revocation list before Parliament.

(3E) At any time before the date specified in subsection (1), the House of Lords may by resolution propose amendment of the revocation list by adding or removing instruments specified in the resolution.

(3F) If the House of Commons does not pass a motion disagreeing with a resolution of the House of Lords under subsection (3E) within ten days of the date of that resolution, the Secretary of State must amend the revocation list in accordance with the resolution of the House of Lords and lay the updated version before Parliament.

(3G) If the Secretary of State does not amend the revocation list when required to do so by paragraphs (3D) or (3F) before the date specified in paragraph (1), the revocation list will be deemed to have been amended as specified in the resolution of the relevant House of Parliament, and the relevant legislation will be treated as though the change has been made.

(3H) Any legislation to which section (3C) applies is not to be considered as either retained EU law or assimilated law.”—(Stella Creasy.)

This amendment would require the Government to publish an exhaustive list of every piece of legislation being revoked under the Sunset Clause, and allow for Parliamentary oversight of this process so that it is the House of Commons which has the ultimate say on which legislation is affected.

Question put, That the amendment be made.

Division number 149 Retained EU Law (Revocation and Reform) Bill — Clause 1 - Sunset of EU-derived subordinate legislation and retained direct EU legislation

Aye: 236 MPs

No: 291 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

The House divided: Ayes 242, Noes 295.

Question accordingly negatived.