Lexis®Library update: Among the amendments under consideration were a number of technical amendments proposed by the government, an opposition amendment with cross-party support requiring the Secretary of State to produce an exhaustive list of all legislation to be revoked under the sunset provision at least three months before the sunset deadline specified in the Bill, and to allow that list to be amended by Parliament, plus a number of amendments relating to protection of workers’ rights and environmental protections. Extension of the sunset deadline to 2026, as well as provisions excluding legislation within devolved competence from the sunset, were also among the amendments debated. At the time of publication the debate was ongoing. Further details to follow.
John Bell, LLM, former Schuman Trainee at the European Parliament, has commented on the debate.
To view the tabled amendments, see: Retained EU Law (Revocation and Reform) Bill, As Amended (Amendment Paper) and Speaker’s provisional grouping and selection of Amendments.
To view the Commons transcript, see: Hansard, House of Commons, 18 January 2023.
John Bell has commented:
'As it concludes its remaining stages in the Commons, the REULRR Bill continues to raise issues of legal certainty. The sunset clause would create a cliff edge bonfire of thousands of items of Retained EU Law at the end of 2023 with no provision for consultation.
As confirmed by the front bench, the number of REUL on the Cabinet Office Dashboard is unknown, placing practitioners and stakeholders in unchartered waters. This is a concern since thousands of items of REUL potentially captured by the sunset clause cover EU-derived environmental, food safety, product safety, and employment rights.
The REULRR Bill contains extensive use of Henry VIII powers, taking back control to Government rather than Parliament 6 years on from the Brexit referendum. Faced with this democratic deficit, it will likely fall on the unelected House of Lords to bring a modicum of legal certainty to this deeply flawed Bill.’
For further updates via Bill Tracker, see: LNB News 23/09/2022 11.
Sources:
• Hansard, House of Commons, 18 January 2023
• Retained EU Law (Revocation and Reform) Bill - Parliamentary Bills - UK Parliament
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 18 January 2023 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.
