Key Facts

• Clause 7 is seen as a nudge to courts to depart from retained EU case law.
• Judges are expected to be conservative in departing from both retained EU and domestic case law.
• There are concerns about the delay and expense of higher court references.
• The provision in clause 7(3) gives three specific examples for departing from EU case law which are considered very narrow.
• Reynolds believes moving to a UK legal system will provide more certainty and benefit for businesses compared to the current EU-based approach.
• There could be some initial uncertainty during the transition but Reynolds trusts that judges will ensure legal certainty quickly.
• The Bill aims to address how retained EU law should be treated as UK law post-Brexit.
• Concerns are raised that the process may not be completed by the end of 2023 or even 2026 due to its complexity and volume.
• Secondary legislation is criticized for inviting challenges on grounds of political matters, legal compliance, and due process.
• The discussion involves clause 7(3) of the Retained EU Law (Revocation and Reform) Bill.
• The principle of supremacy of EU retained law is being abolished by the Bill.
• There are concerns about parliamentary scrutiny and potential Ministerial decisions on approximately 3,500 pieces of EU legislation.
• Sir Jonathan Jones KC, former Treasury Solicitor, and Dr Ruth Fox provided expert testimony.
• The Hansard Society report described the Bill as flawed due to its sunset clause's cliff-edge nature and lack of parliamentary oversight.
• There is concern about regulatory gaps if certain retained EU laws are missed by the Government's dashboard.
• The Bill creates uncertainty about the law's future beyond 2023.
• There are concerns over inadequate parliamentary scrutiny of the Bill.
• The National Archives' work shows potential issues with Ministers knowing the consequences of their legislation.
• Dr Fox suggested using Parliament as an ally through statutory reporting requirements linked to taskforces.
• The process involves assessing and addressing retained EU law before a deadline such as 2026 or 2028.
• Sir Jonathan Jones stated that the powers to extend and save do not work if an instrument has been missed altogether by the time you get to the sunset date.
• The process involves laying negative instruments before a sifting committee which has 10 sitting days to decide whether to upgrade them to affirmative procedure.
• Doing all necessary work by December 2023 is considered nearly impossible; smoother timelines of 2026 or 2028 may be more achievable.
• Clause 15 restricts Ministers from increasing the regulatory burden when changing retained EU law, creating uncertainty for non-governmental organisations and businesses.
• The Bill may strip away basic employment rights such as 20 days of statutory annual leave.
• Protection for eight additional bank holidays derived from working time regulations is unclear whether it would remain or be removed.
• TUPE (Transfer of Undertakings (Protection of Employment) Regulations) ensures employees are not dismissed during business transfers; its removal could leave workers without legal recourse.
• Family-friendly provisions, equal pay rights, and protections for part-time and fixed-term workers may face uncertainty under the Bill.
• The working time regulations contain provisions for eight bank holidays.
• There are between 2,400 and 3,800 pieces of legislation due to sunset within a year unless replaced.
• Retained EU law provides for minimum annual leave entitlements and protections against dismissal and parity of treatment.
• The Retained EU Law Bill is expected to cause chaos due to interpretive principles and case law falling away.
• Equality impact assessments identify detrimental effects from removing laws.
• Litigation will be costly and time-consuming to clarify legislation post-Bill implementation.
• The Beecroft report is referenced as an example of previous government considerations.
• Trade unions are willing to engage in a taskforce to draft clear employment rights.
• Witnesses include Ruth Chambers, Dr Richard Benwell, David Bowles, and Phoebe Clay from various environmental and animal welfare organisations.
• The Bill could lead to a situation where millions of pounds are spent on shifting laws without substantial improvements.
• DEFRA faces capacity crises affecting environmental principles, targets, and river basin management plans.
• There is concern about devolved powers and the inability of Welsh Ministers to extend deadlines for animal welfare legislation beyond 2023.
• The review has uncovered more than 500 pieces of retained EU law owned by DEFRA.
• Many of these laws relate to environmental regulations and protections dating back 20 years.
• The Retained EU Law (Revocation and Reform) Bill is under scrutiny for potentially interrupting legally binding targets set by the Environment Act to halt nature decline in England by 2030.
• Dr Benwell represents a coalition of organisations that view the Bill as threatening environmental protections without providing adequate scrutiny or safeguards.
• The Bill includes provisions like sunset clauses and delegated powers to Ministers which are seen as deregulatory measures.
• Greener UK coalition wishes the Bill to be paused and withdrawn.
• Government missed their first legal milestone on environmental targets, set for 31 October.
• There are 44 different animal welfare laws with significant uncertainty due to lack of clarity on which laws are retained EU law.
• The Bill defines 'burden' in purely financial and business terms.
• Witnesses are concerned about the potential for deregulation and the impact on environmental laws such as habitats regulations.
• There is uncertainty about the status of the conventional ban on battery hens.
• The Retained EU Law (Revocation and Reform) Bill is being discussed.
• The session includes testimony from Angus Robertson MSP, Cabinet Secretary for the Constitution, External Affairs and Culture in the Scottish Government.
• The discussion focuses on the bill's impact on environmental protections.
• Scottish Government deeply opposes the legislation.
• The Bill undermines devolution and democratic scrutiny.
• Businesses in Scotland benefit from high standards established over 47 years.
• Scotland rejected Brexit by a margin of 24%.
• A survey found that 63% of people in Scotland would vote to rejoin the EU.
• Scottish Government officials have begun analyzing the number of regulations covered by the Bill.
• The Bill confers significant powers on Scottish Ministers and UK Ministers in devolved areas.
• The Scottish Government and Welsh Government have withheld legislative consent for this legislation due to concerns over democratic deficit and undermining of devolution settlement.
• The Sewel convention allows the Scottish Parliament to say that the Bill is not workable, practical, or proportionate.
• Witnesses include Michael Clancy from the Law Society of Scotland.
• Dr Viviane Gravey is a senior lecturer in European politics at Queen’s University Belfast.
• Charles Whitmore is a research associate with Cardiff University’s Wales Governance Centre.
• The Law Society of Scotland is concerned about the potential legal confusion and lack of clarity in the sunset provisions.
• The sunset will operate by the end of 2023, lacking statutory precision.
• The Department for Infrastructure has identified around 500 REULs, while DAERA has identified approximately 600.
• There is significant uncertainty about how the legislation might interact with different levels of governance.
• The Retained EU Law (Revocation and Reform) Bill is under scrutiny.
• Concerns are raised about concurrent powers allowing UK Government to legislate without seeking consent from devolved Ministers.
• Sections of the United Kingdom Internal Market Act 2020 require UK Government to seek consent before making regulations in areas of devolved competence.
• Gary Streeter thanked the witnesses for their expert evidence.
• The Committee will next meet on Tuesday 22 November for line-by-line consideration of the Retained EU Law (Revocation and Reform) Bill.