Retained EU Law: Acts of the Scottish Parliament

Justice – in the House of Commons at on 16 May 2023.

Alert me about debates like this

Photo of Martin Docherty Martin Docherty Scottish National Party, West Dunbartonshire

Whether he has had recent discussions with the Scottish Government on the potential effect of provisions in the Retained EU Law (Revocation and Reform) Bill on EU law incorporated in Acts of the Scottish Parliament.

Photo of Kirsten Oswald Kirsten Oswald Shadow SNP Spokesperson (Women), Shadow SNP Spokesperson (Equalities)

Whether he has had recent discussions with the Scottish Government on the potential effect of provisions in the Retained EU Law (Revocation and Reform) Bill on EU law incorporated in Acts of the Scottish Parliament.

Photo of Mike Freer Mike Freer Assistant Whip, The Parliamentary Under-Secretary of State for Justice

The Ministry of Justice has been working closely with the Scottish Government and other devolved Administrations to consider the implications of the Retained EU Law (Revocation and Reform) Bill for retained EU law in justice policy areas across the UK. My officials have regular discussions with their devolved Administration counterparts to ensure that proposals to revoke or reform retained EU law are carefully considered to avoid any unintended divergence across the UK.

Photo of Martin Docherty Martin Docherty Scottish National Party, West Dunbartonshire

I wonder whether the Minister agrees with Unison the trade union, which has warned that

“encroaching upon devolved areas, to actively make lives worse for working people will damage the democratic legitimacy of the Westminster Parliament in the eyes of people in devolved nations.”

Photo of Mike Freer Mike Freer Assistant Whip, The Parliamentary Under-Secretary of State for Justice

With regard to this specific Bill, given the announcement last week, I do not believe that there is any infringement on the Scottish competency.

Photo of Kirsten Oswald Kirsten Oswald Shadow SNP Spokesperson (Women), Shadow SNP Spokesperson (Equalities)

The Bill restricts Scotland’s Lord Advocate’s reference and Intervention powers to devolved Scottish legislation. However, there is no corresponding restriction on English law officers to limit them to reserved matters. Does the Minister feel it is right that English law officers would be able to refer Scottish legislation to the courts in that manner, or does he agree with the Law Society of Scotland that that should be left to Scottish law officers?

Photo of Mike Freer Mike Freer Assistant Whip, The Parliamentary Under-Secretary of State for Justice

I will have to look carefully at the references that the hon. Lady has made, but, as far as I am aware, the items of retained EU law in the Ministry of Justice’s remit that are intended to be revoked under the new schedule are all spent measures, and there will be no impact on Scotland.

trade union

A group of workers who have united to promote their common interests.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

intervention

An intervention is when the MP making a speech is interrupted by another MP and asked to 'give way' to allow the other MP to intervene on the speech to ask a question or comment on what has just been said.