My Lords, I am grateful for the opportunity to be here today to discuss the regulations before the Committee, which form one small part of the Government’s wider programme of secondary legislation that is being brought forward before exit day to ensure that the UK’s legal system continues to function effectively once we leave the EU.
So far my department, the Department for Exiting the European Union, has laid three statutory instruments using the consequential powers granted to us under the European Union (Withdrawal) Act 2018. This is the first of those SIs to be debated under the affirmative procedure. These three statutory instruments made using the consequential powers are of an essentially technical nature, as will become apparent. To be fair, during the passage of the European Union (Withdrawal) Act, some concern was raised in this place and the other place about the scope of those powers. The Government were clear at the time that these consequential powers would be used for changes of a small and technical nature. I hope noble Lords will see that this statutory instrument is indeed extremely technical, with the purpose of ensuring a functioning statute book upon exit from the EU.
Specifically, these draft regulations make technical consequential repeals and amendments to certain pieces of legislation using the consequential power in Section 23(1) of the European Union (Withdrawal) Act, for two main purposes. First, they repeal legislation that has become redundant in consequence of the repeal of Sections 1 to 13 of the European Union Act 2011 and Section 5 of the European Union (Amendment) Act 2008—I hope noble Lords are following this—which provided mechanisms for the approval or ratification of certain EU decisions or treaty changes that would result in the transfer of power from the UK Government to the EU.
Sections 1 to 13 of the 2011 Act and Section 5 of the 2008 Act were repealed on 4 July this year, following the acceptance by this House and the other place that these were redundant in the context of our exit from the EU. This matter was pursued particularly by the noble Lord, Lord Adonis, during the passage of the Act, and the Government set out on Report that the repeal of this legislation would be effected shortly after Royal Assent, and indeed that is what we did.
In consequence of those repeals, legislation that approved matters in accordance with those Acts has become redundant. That includes Sections 1 and 2 of the European Union (Croatian Accession and Irish Protocol) Act 2013, which approved the accession of
the Republic of Croatia to the EU and the protocol on the concerns of the Irish people on the Treaty of Lisbon. It also includes the European Union (Approvals) Act 2017, which approved decisions that allowed Albania and Serbia to participate as observers in the work of the European Union Agency for Fundamental Rights, and an agreement between the EU and the Government of Canada regarding the application of their competition laws.
Also now redundant is Section 23(1) of the Constitutional Reform and Governance Act 2010, which created an exemption from the normal procedures on scrutiny of treaties under that Act where a treaty was approved following the procedures in the 2008 or 2011 Acts instead.
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