My Lords, I am grateful to all noble Lords who have contributed to this important debate. Amendments 117 to 119, 127, 135 and 143 seek to amend the way in which the powers operate in areas of devolved competence. I should say at the outset in response to the query about Sue Gray leaving her post, it is really not my place to comment on Civil Service appointments, but the work that her team does will not stop just because she has moved on. There was a competent team around her, and I am sure more announcements will be made in due course.
Amendment 117 exempts legislation relating to common frameworks from the powers under Clause 15(2) and (3) to replace revoked REUL unless relevant instruments or provisions have been subject to the full process between the UK Government and the devolved Administrations. This would prevent the powers being able to operate on these instruments to create replacement provision unless a process agreed between the UK Government and the devolved Governments is followed. Common frameworks are integral to managing regulatory divergence in the areas they cover and provide a flexible governance tool for the UK Government and the devolved Governments. I reassure the noble Lord, Lord Bruce of Bennachie, that the UK Government value the committee’s work and regard it as essential to ensure that the common frameworks are as good as they can be, including by helping to ensure the functioning of the UK internal market.
Retained EU law is in scope of the common frame- works. This includes not just REUL operating within devolved competence but that same REUL operating in England. In some cases, this REUL will be UK-wide. This is a point I have made in earlier debates on this subject.
The Government believe that it is simply not necessary to carve out REUL in scope of common frameworks from the powers to revoke or replace. Common frame- works are purposely designed to manage any potential divergence which may result from the Government’s use of the powers in the Bill. When using the powers in the Bill, we will use common frameworks to engage with the devolved Governments on decision-making across the UK. The UK Government and the devolved Governments agree that where common frameworks are operating they are the right mechanism for discussing REUL reform in the areas they cover.
To respond to the question asked by the noble Baroness, Lady Randerson, about extending the sunset applicable to REUL within the scope of common frameworks, it will be possible to extend REUL within the scope of common frameworks as the Clause 2 power enables extending the sunset for specified instruments or descriptions of legislation. In response to her queries around exemptions for food, there is simply no need to have specific exemptions or carve-out areas in the Bill. As I outlined earlier, the common frameworks are purposely designed to manage any potential divergence which may result from the Government’s use of the powers in the Bill.
Amendments 119 and 127, tabled by the noble Baroness, Lady Ritchie of Downpatrick, would restrict the use of the powers to revoke or replace and the power to update by requiring that any new regulations must not bring about substantial policy change for regulations relating to human rights, equality or environmental protection with effect in Northern Ireland. First, I emphasise that the Government recognise the unique challenges that Northern Ireland departments are facing in delivering plans for the reform of retained EU law in the continued absence of the Northern Ireland Executive and Assembly. Our officials are working closely with the Northern Ireland Civil Service and the UK Government are committed to ensuring that the necessary legislation is in place to uphold the UK’s international obligations.
Responding to the noble Baroness’s point about Article 2, as outlined by my noble friend Lord Callanan in the debate on assimilation last Thursday, I can assure the noble Baroness that the Bill provides powers to restate rights and obligations required for Article 2 of the Northern Ireland protocol as needed. The Government will ensure that all necessary legislation is in place by the sunset date to uphold commitments made under Article 2. Departments will take into account the assessment of whether a restatement would meet the Article 2 non- diminution right when reviewing their retained EU law.
I turn to the delegated powers in the Bill. The Bill sets out the circumstances under which the powers can be used appropriately. The powers to revoke or replace are important, cross-cutting enablers of REUL reform in the Bill and will allow the Government to overhaul EU laws and secondary legislation, while the power to update is intended to facilitate technical updates to keep pace with scientific and technological developments
over time. The REUL dashboard has identified more than 3,700 pieces of retained EU law, many of which are unduly burdensome and not fit for purpose. It is therefore necessary to have broad, forward-leaning powers capable of acting on wide-ranging REUL across different policy areas. Furthermore, we fully intend to maintain the UK’s leading role in the promotion and protection of human rights and equality, and environmental protections. We are proud of our long and diverse history of freedoms and are committed to ensuring that the UK’s international human rights obligations continue to be met.
The provisions within the Bill, including the powers, are not intended to undermine these hard-won human rights or equality legislation, nor our world-leading environmental protections, which this Government have also committed to uphold. The UK is a world leader in environmental protection, and we want to ensure that environmental law is fit for purpose and able to drive improved environmental outcomes.
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Amendment 118 seeks to prevent Ministers of the Crown exercising the Clause 15 powers in devolved areas entirely unless legislative consent is granted. This requires that the powers to revoke or replace cannot be used on retained EU law or post-2023 assimilated law within areas of devolved competence to create replacement provision, unless the relevant legislature has provided legislative consent on that particular instrument. Amendment 135, tabled by the noble and learned Lord, Lord Hope of Craighead, places a similar consent requirement on the use of concurrent powers when exercised by a Minister of the Crown in devolved areas.
The majority of the powers in the Bill will be conferred concurrently on the devolved Governments. This will enable them to make active decisions regarding their retained EU law within their respective devolved competences and provide them with greater flexibility. The concurrent nature of the powers is not intended to influence decision-making in devolved Governments; rather, it is intended to reduce additional resource pressure by enabling the UK Government to legislate on behalf of a devolved Government where they do not intend to take a different position.
However, the edges of where UK government competence ends and devolved competence begins for retained EU law are not always clear. Therefore, it is essential that UK Ministers can make provision in devolved areas to ensure that nothing important falls between the reserved and devolved areas. It is hoped that this will ensure that the most efficient and appropriate approach can be taken in every situation.
The Government therefore believe it is not necessary to limit the use of the powers within devolved areas by requiring legislative consent. It is pivotal that there are no impediments to or delays in delivering this much-needed retained EU law reform. Furthermore, having a delay to seek consent from devolved Ministers will make it much more difficult for the regulations required for retained EU law reform to be laid before the sunset date.
Lastly, Amendment 143 confers the power to make transitory, transitional and savings provision on Scottish and Welsh Ministers. This standard power is in connection
with the bringing into force of provisions in the Bill and is commonly included in Bills. It will ensure a smooth transition of affairs under the law as it currently stands and the law as it will stand after the provisions of the Bill come into force. As currently drafted, this power is conferred on a Minister of the Crown only, as is standard practice for this power. However, UK Ministers will be able to make provisions on behalf of the devolved Governments where appropriate.
As I have set out above, none of the provisions within the Bill, including the powers, affect the devolution settlements, and nor is the Bill intended to restrict the competence of either the devolved legislatures or the devolved Governments. Indeed, the Government remain committed to continuing discussions with the devolved Governments to ensure that the most efficient and appropriate approach to REUL reform can be taken in every situation in a way that works and provides certainty for all parts of the UK.
For the reasons outlined, I therefore ask the noble Baroness, Lady Randerson, to withdraw her amendment. I promise to write to the noble Lord, Lord Collins. There were a number of questions there and I think they demand a full response, so I would rather write in due course.