Key Facts

• Amendments 26 and 28 propose changing the revocation date from 2023 to 2026.
• Over 3,800 pieces of EU legislation face the sunset clause by December 2023.
• The deadline was set despite the risk of significant disruption to economic sectors and society.
• The Bill aims to remove EU-derived laws by December 2023.
• There are approximately 3,800 statutory instruments under consideration.
• Doubling the number of statutory instruments from last year would be required if all are to be passed before the end of next year.
• Regulatory Policy Committee believes the analysis of the sunset date is inadequate.
• Government officials are considering whether to press ahead with or push back the 2023 deadline.
• Mark Fenhalls of the Bar Council expressed astonishment at the feasibility of covering all necessary work by the end date.
• Eleonor Duhs noted that preparing for Brexit took over two years and involved over 600 pieces of legislation, highlighting the complexity of the current task.
• George Peretz warned about the weakening of Parliament's ability to control ministerial powers due to the sunset clause.
• The Delegated Powers and Regulatory Reform Committee raised concerns about minimal parliamentary scrutiny under the Bill.
• The Bill is not about Brexit but rather a knee-jerk reaction against EU-related laws.
• Amendments 26 and 28 are critical in setting a calmer course of action.
• Six hundred statutory instruments were introduced during the Brexit process, compared to five times that number required under this bill.
• The sunset date in question is set for December 2023.
• Departments are working on plans for each piece of retained EU law within scope, including a Statutory Instrument programme and collaboration with the Brexit Opportunities Unit.
• Powers in the Bill allow for preservation, revocation or replacement, updating assimilated law until June 2026, and an extension mechanism is available to extend the sunset date if needed.
• Amendment 68 restricts automatic sunsetting of certain types of retained EU law.
• The amendment aims to protect legislation that is within the legislative competence of the Scottish Parliament.
• George Howarth proposes to remove a reference to Scotland in clause 23.
• Amendments tabled by the MP aim to remove the sunsetting of EU legislation where it falls within the competence of the Scottish Parliament.
• If the government continues its plan, the Scottish Parliament could decide to keep relevant domestic legislation aligned to that of the European Union in areas like environmental health and food standards.
• The UK Government is unable to specify which areas of competence are devolved and reserved to Westminster.
• The Bill aims to review and reform retained EU law across all four nations in the UK.
• Nothing in the sunset provision affects the devolution settlement.
• The Scottish Government believes there will be a substantial burden of administration on the Scottish civil service.
• Relevant national authorities must consult organizations affected by retained EU law before June 30, 2023.
• A report setting out objectives and legal consequences of revoking instruments must be published no later than June 30, 2023.
• Regulations adding or removing legislation from the Definitive List can be made no later than May 31, 2023.
• The Bill does not clearly identify which laws it covers.
• A former Minister acknowledged that the dashboard is not comprehensive or authoritative.
• Over 100 additional pieces of legislation are expected to be added to the REUL dashboard.
• Amendment 91 would require a definitive list by 31 May 2023 and consultations with affected organizations by 30 June 2023.
• Amendment 90 has received sympathy.
• Amendment 91 is perceived as dictating how devolved Administrations should perform their duties.
• The discussion involves the process by which devolved Administrations decide on retained EU law.
• Subsections (2C) and (2D) of amendment 91 aim to create a failsafe against attempts to frustrate the will of devolved nations.
• The Bar Council's written evidence highlighted that EU legislative processes include checks and balances, impact assessments, public consultations, and stakeholder meetings.
• Lord Frost stated the policy intention was to amend or repeal retained EU law if it is “not right” for the UK.
• The amendment aims to rectify the lack of clarity regarding the extent of the Bill's impact.
• Creasy warns that constituents expect parliamentarians to know what they are legislating on.
• She references the possibility of rights such as bank holidays and maternity rights being affected by the legislation.
• The sunset provision is central to accelerating reform and ensuring outdated EU laws are reviewed.
• The retained EU law dashboard covers over 300 policy areas across 21 sectors of the economy, led by the Brexit Opportunities Unit.
• Clause 2 allows for extensions to the sunset date if needed for further amendment or reform.
• Amendment 22 seeks to add conditions for revoking legislation.
• Amendment 23 introduces new provisions in clause 15 regarding ministerial powers to make regulations.
• Amendment 24 includes additional requirements for motions approving the revocation of secondary retained EU law.
• Amendment 22 requires UK Government to seek consent from all devolved legislatures before revoking any secondary retained EU law.
• Amendments 23 and 24 aim to prevent efficient removal of regulations deemed outdated or unduly burdensome.
• Specific worker protection regulations listed in amendment include Working Time Regulations 1998, Agency Workers Regulations 2010, and Maternity and Parental Leave etc Regulations 1999.
• Amendment 76 seeks to exclude specified instruments related to employment protection.
• The amendments cover regulations such as Management of Health and Safety at Work Regulations 1999, Children and Young Person Working Time Regulations 1933, and the Transfer of Undertakings (Protection of Employment) Regulations 2006.
• New clause 4 requires the Secretary of State to publish a list of provisions that confer rights or protections on workers by January 1, 2023.