UK Parliament / Open data

Retained EU Law (Revocation and Reform) Bill

My Lords, I speak to Amendment 27 in the name of my noble friend Lady McIntosh of Pickering and the noble and learned Lord, Lord Hope. I have always had great reservations about extending the sunset clause by any time at all, and I am quite surprised that nobody has mentioned this. The Bill gives the Government astronomical powers to use secondary legislation not only to amend EU law but to create completely new laws. I have great worries about doing this for any longer than is absolutely necessary. We have to think very carefully about whether we want to extend this period at all.

The noble Lord, Lord Benyon, has said—at least, it has been attributed to him— that, by default, if we cannot think what else we are going to do with these laws, we will keep them. If the Government keep just to the sunset clause of the end of this year, they will have to keep virtually everything—I do not know why anybody has an argument with that—and they can then revise it under primary legislation later if we do not have this extension at all. We have to very seriously think about this.

The real solution to all this is, of course, Amendment 44 in the name of the noble Lord, Lord Carlile, which says that we must have a sifting system to decide what we do with all this legislation. An awful lot of it can go through under secondary legislation, particularly if we are keeping it, but, at the same time, some bits of legislation will make major changes to EU law, and that should be done under primary legislation. If we have that as a sifting system—I am not sure I agree with the mechanism that he suggests, but I agree in principle with his amendment—all this falls by the side, because we then have a system where all this can be dealt with. We can extend the period beyond the end of this year and it can all be dealt with sensibly like that. As long as we are viewing this amendment on its own, I certainly could not support it and would advocate for saying that we should have sudden death at the end of this year, concentrate the minds of everybody and either keep this law or get rid of it, but do not muck about with it for endless years to come.

Type
Proceeding contribution
Reference
828 c226 
Session
2022-23
Chamber / Committee
House of Lords chamber
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