Motion

Retained EU Law (Revocation and Reform) Bill - Third Reading – in the House of Lords at 3:45 pm on 22 May 2023.

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Lord Callanan:

Moved by Lord Callanan

That the Bill do now pass.

Photo of Lord Callanan Lord Callanan Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)

My Lords, this Bill is crucial in ensuring, as I said earlier, that we can seize the regulatory reform opportunities of Brexit. It is the next step in reasserting the sovereignty of Parliament and untangling the United Kingdom from nearly 50 years of EU membership. Through the Bill we will improve legal certainty, removing confusion from our statute book where EU principles of interpretation overlap with those of UK domestic principles. This fulfils an important constitutional objective: that our law is clear and accessible, so that citizens can understand it and regulate their conduct accordingly.

There is a long list of people whom I wish to thank for their help on the Bill. Let me start with my noble friend Lady Bloomfield of Hinton Waldrist. Sadly, my noble friend is leaving the Front Bench and she will be missed by us all. My chances of getting to the Chamber on time are greatly reduced without the hurry-up texts from my noble friend Lady Bloomfield, who has kept me right many times in this Chamber and when we have debated statutory instruments in the Grand Committee. I am hugely grateful for all the help and support that she has given to me; I am sure other members of the Front Bench feel the same. She will be a great loss to the Government.

Let me also thank my noble friends Lady Neville-Rolfe and Lord Benyon, and my noble and learned friend Lord Bellamy, for their support during the Bill’s passage. I fear I would have continuously sat on this Bench for a great many days in addition to those when I did without their help and support, which has been greatly appreciated.

Let me also give my thanks to the Bill team. All the Bill teams I have worked with have worked extremely well and tirelessly, but I can tell the House that this Bill team in particular has gone above and beyond the call of duty. I said this when there were some frankly ill-considered remarks about the Civil Service while we were on Report, but many of them really did work all weekend to get the explainer out for the benefit of noble Lords when we were discussing the schedule. Their assistance has been great and their legal advice superb. If there were legal errors in anything that I said, I can assure noble Lords that it was not their fault. The fault was entirely mine, as they did a great job in trying to explain some of these complicated concepts.

I also thank members of the Opposition, including the noble Baroness, Lady Chapman, the noble and learned Lord, Lord Hope, my noble friend Lord Hodgson—who is of course not a member of the Opposition but is on our own Benches and played a big role in the Bill—and the noble Lord, Lord Fox, among many others who contributed to its passage. We did not always agree on many parts of it, of course; I apologise if, from my point of view, I sometimes expressed a little bit of irritation with some of the speeches that were made. Nevertheless, I do accept that it is the job of the House to scrutinise the Government, to look at our legislation closely and to propose amendments. If we could perhaps have a bit more constructive opposition sometimes, I would appreciate it.

Noble Lords:

Oh!

Photo of Lord Callanan Lord Callanan Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)

Nevertheless, the contributions are appreciated.

The Government have of course sought to address the concerns raised, notably around the sunset and courts provisions. We listened to the points made in the House and addressed those concerns via the amendments that we brought forward on Report. I hope that the House recognises how significant a move this was from the Government and takes that movement in the spirit in which it was intended. We really did try to alter the Bill to take account of many of the concerns that were addressed.

The House has also made its views known on some other areas of the Bill on which the Government do not agree, including the reform and repeal powers we believe are crucial to the ambitions we have in this space. Our work in producing the retained EU law dashboard highlighted that there are many defunct laws on our statute book relating to activities that the UK does not conduct, such as my famous example of regulating reindeer herdsmen in Lapland. Now that we have taken back control of our statute book, it is appropriate to update it by amending, repealing or replacing REUL that is no longer fit for the UK.

I do not think there is much argument on all sides of the House about the list of measures we have produced that deserve to be repealed. This will allow us to create new pro-growth, high-standard regulatory frameworks that give businesses the opportunities and confidence to innovate, invest and ultimately to create jobs. This Bill delivers, in addition to providing clarity and certainty. It provides the powers for the Government to make legislative changes that will benefit all of us in the United Kingdom. With that, I beg to move that the Bill do now pass.

Photo of Lord Fox Lord Fox Liberal Democrat Lords Spokesperson (Business)

My Lords, I thank the Minister for his speech. His answer to the question asked by the noble Lord, Lord Carlile, indicates why what I will call the Hope-Hamilton amendments are so important. I hope it is clear to the Minister that your Lordships’ House considers these to be very important and that they should be retained rather than reversed when they head to the other place.

Any Commons reversal of Amendment 48 will be seen as a show of intention by the Conservative Party on environmental legislation. Again, it would not be wise, given the very good reassurance we have had from the noble Lords, Lord Benyon and Lord Callanan, on retaining that legislation. Pushing out Amendment 48 would be moving things in the opposite direction.

Overall, the work of this House has achieved a major change and a U-turn. As I said before, it has achieved a reverse in the polarity of this Bill, and noble Lords should be very proud of that. It has been a fraught debate at times. I owe a mea culpa to the noble Baroness, Lady Fox. In the hubbub I misrepresented her use of the term “blob”, and I am happy to put the record straight—so apologies there. During that debate there was also a to and fro, which was very important. The Minister is right to say that that is the role of this House.

I thank the Ministers—the noble Baronesses, Lady Bloomfield and Lady Neville-Rolfe, and the noble Lords, Lord Benyon and Lord Bellamy—for their hard work in trying to bring us along; they have not often or always succeeded, of course. The Bill team, when we have met, have always been very helpful and courteous; they are a credit to their service. I hope that, for those of the team who want to visit the Cheshire salt mines, I have in some way helped them head that direction.

His Majesty’s Opposition have been a pleasure to work with: I thank the noble Baroness, Lady Chapman, the noble Lord, Lord Collins, and of course the team in their Whips’ Office. Many Cross-Benchers and other noble Lords across the House have participated fully. It would be difficult to mention them all, but for his virtuoso display during Report, the noble and learned Lord, Lord Hope, deserves the full gratitude of your Lordships’ House.

Quite a few Liberal Democrats have participated in the Bill, not least those who were mobilised over the weekend to try to review 600 laws and work out what they did. I am not going to name them all, but I thank them for their support. I will name my noble friend Lady Ludford, who unfortunately cannot be here; she has been able company for me on the Front Bench. Finally, I thank Elizabeth Plummer in our Whips’ Office, whose grasp of this Bill has been beyond compare.

Photo of Baroness Chapman of Darlington Baroness Chapman of Darlington Shadow Minister for the Cabinet Office, Shadow Spokesperson (Business and Trade), Shadow Spokesperson (Treasury)

My Lords, we have never argued with the Government’s right to want to find a way to assimilate fully some EU-derived pieces of legislation and to revoke or restate others. We have never had cause to fall out over the Government’s stated aims, but the Bill has been the definition of using a sledgehammer to crack a nut. I am quite sure that Ministers regret having attempted to undertake this task in this particular way. I am also very sure that the Minister is glad to see the back of the Bill, having sat through hour upon hour of deliberation in this place.

The Bill was designed to appeal to a group of people with a certain perspective, and as we have said repeatedly—I say it again—that is not the right way to initiate legislation; the Government have learned that lesson very publicly. It is slightly surprising to hear the Government say that they wish the opposition to the Bill had been more constructive, given that we were pleased to see the Government accept the substance, if not the letter, of our amendment on the sunset, which we tabled at the beginning of Committee. The Government moved substantially on that issue; we recognise and welcome that, and we give them credit for it.

We thank all noble lords who have contributed to our deliberations on the Bill. The noble Lords, Lord Hamilton and Lord Hodgson of Astley Abbotts, and, in particular, the noble and learned Lord, Lord Hope, deserve our thanks and recognition for the work they have done to improve parliamentary scrutiny and oversight. These amendments are vital to the Bill, and I hope the Government welcome them and will support them in the other place. I do not believe that anyone thinks the new amendments tabled today are adequate responses to the concerns we have raised, so we hope that our concerns are protected as the Bill proceeds.

Having said that, I very much thank the Minister for his constant patience, charm and warmth across the Dispatch Box—it is never in doubt—and I look forward to many such exchanges in the future. I also acknowledge the sterling work the noble Baroness, Lady Bloomfield, has done throughout the passage of the Bill. I echo what the Minister said about wishing her well in the coming months; I hope she has a wonderful summer. We value very much the work she has undertaken on the Bill. I also thank the noble Baroness, Lady Neville-Rolfe, the noble Lord, Lord Benyon, and the noble and learned Lord, Lord Bellamy, who were all corralled in as part of the support act on the Bill; they all did their best, did they not?

On these Benches, I especially thank my noble friend Lord Collins, who has been an absolute star; he has supported everything we have tried to do on these Benches throughout and has made some fantastic contributions. I also thank my noble friend Lady Hayman, who brought her experience and expertise on the environment to our deliberations; we have benefited hugely from her contributions.

I also thank the Opposition Bill team. Milton Brown, Tom Raines and Dan Stevens provided expert advice and have been extremely helpful in helping us prepare amendments. I thank both the Government Whips’ Office and my own Whips’ Office.

We are glad that the Bill leaves this place in slightly better shape than when it arrived. We hope the Government are able to receive in good grace the amendments we have made and will retain them, and that we do not need to consider the Bill further.

Bill passed and returned to the Commons with amendments.