REUL Bill Second Update

Author Punch Source Wikimedia Commons

 

Jane Lambert

I have already discussed this bill in Retained EU Law (Revocation and Reform) Bill on 26 Oct 2022 and REUL Bill First Update on 6 Dec 2022,  It has now completed its passage through the House of Commons and will proceed to the House of Lords tomorrow.  The latest version of the bill can be read here.

Ahead of its second reading in the Lords, the Secondary Legislation Scrutiny Committee, which considers the policy effects of statutory instruments and other types of secondary legislation, has published Losing Control?: The Implications for Parliament of the retained EU Law (Revocation and Reform) Bill.  The members of the Committee (Baroness Bakewell of Hardington Mandeville, The Earl of Lindsay, Lord De Mauley, Lord Lisvane, Lord German, Lord Powell of Bayswater, Viscount Hanworth, Lord Rowlands. Lord Hodgson of Astley Abbotts, Baroness Watkins of Tavistock and Lord Hutton of Furness) have done so because they believe that the proposed legislation is an extreme example of a skeleton bill which would lead to a significant shift of power from Parliament to ministers.  

As their mandate is to scrutinize secondary legislation it is unusual for the Committee to report on primary legislation.  They explain that they have taken that exceptional step because they have power to consider “general matters relating to the effective scrutiny of secondary legislation” which this bill is likely to affect.

Their concern with the sunset clauses is that important legislation may disappear inadvertently from the statute book. They fear that ministers and their officials may simply overlook important provisions.  They add that there is no machinery for MPs to intervene on behalf of concerned constituents.  As to the proposed power of ministers to amend EU regulations and directives by statutory instrument, they call for an amendment of the bill to enable Parliament as a whole to amend important legislative instruments.  They call for explanatory memoranda to be produced on every piece of legislation likely to lapse or be modified.

The Bar Council, which had previously briefed peers on the bill, welcomes the Committee's report. In his press release Retained EU Law Bill will damage UK’s reputation, says Bar Council of 3 Feb 2023  the Chair of the Bar warned that "the bill in its present form, will damage the UK’s reputation for regulatory stability, predictability, and competence on which growth-promoting investment in critical sectors of our economy depends."

Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 during office hours or send me a message through my contact form.

European Union (Withdrawal Agreement) Bill - Index Page

Author O Flammger London (Stengel & Co. Dresden)
Source Wikipedia, The Palace of Westminster

Jane Lambert

On 19 Oct 2019 HM Government negotiated a draft agreement on the terms of the UK's withdrawal from the European Union and a political declaration setting out the framework for the UK's future relationship with the EU in accordance with art 50 (2) of the Treaty on European Union which I discussed in The Revised Draft Withdrawal Agreement and Political Declaration on 21 Oct 2019.  The UK will leave the EU in accordance with art 50 (3) of the Treaty when this Agreement comes into effect.  In order to come into effect, the agreement must be ratified by the UK Parliament.

A bill to ratify the agreement known as the European Union (Withdrawal Agreement) Bill was introduced in the last Parliament which I discussed in the European Union (Withdrawal Bill on 22 Oct 2019.  The Bill received a second reading but MPs could not accept the very tight time limits for debate in a programme motion. The Bill was withdrawn and a general election was held in which the public was given a choice between parties with very different positions on brexit.  The Conservatives favoured withdrawal on the terms of the draft agreement, the Labour Party favoured negotiating an alternative agreement the terms of which were to be put to the public in a second referendum, the Liberal Democrats favoured withdrawing the notice to quit the EU and the Brexit Party favoured leaving the EU with no withdrawal agreement at all.

The election was won by the Conservative Party which introduced a new European Union (Withdrawal Agreement) Bill on 19 Dec 2019.  The new Bill was similar but not identical to the previous one and I discussed those similarities and differences in European Union (Withdrawal Agreement) Bill Second Time Around on 22 Dec 2019.  That Bill received its second reading on 20 Dec 2019 (see Hansard 2nd reading) and is now in committee.  To assist readers to follow the progress of the legislation I have created an index page on the Bill which will be updated regularly.  Readers may wish to bookmark this page and return to it from time to time until the Bill becomes law.

Anyone wishing to discuss this article or brexit generally may call me on +44 (0)20 7404 5252 or get in touch through my contact page.