Key Facts

• The REUL reform programme has been ongoing for more than a year.
• Clause 4 of the Bill aims to maintain legislative hierarchy between domestic legislation and retained direct EU legislation.
• Under clause 9, courts have discretion to issue incompatibility orders where retained direct EU legislation cannot be read consistently with other domestic legislation.
• The Government recognises the role of Parliament in scrutinising instruments.
• Statutory instruments must be accompanied by explanatory memorandums providing information required by Parliament.
• Impact assessments will be conducted for reforms above the de minimis threshold set out in the 'Better regulation framework' guidance.
• Clause 10 of the Retained EU Law (Revocation and Reform) Bill allows changes to retained EU legislation via delegated powers.
• The minister argues that existing delegated powers provide appropriate parliamentary scrutiny for updates to retained direct EU legislation.
• Updating minor provisions, such as adding cheese and honey to a simplified active substance list, does not require approval from multiple parliaments.
• Clause 11 modifies powers for making secondary legislation amending former directly effective EU law.
• Schedule 1 contains amendments that are consequential on the changes to the EU withdrawal Act in clause 10.
• The amendment would remove subsections that omit and replace paragraphs 13, 14, and 15 from the European Withdrawal Act 2018.
• Amendment 81 aims to restore scrutiny powers for Back-Bench MPs.
• Constituents may raise questions about laws that were passed when Ministers had the power to revoke them.
• Paragraph 15 requires the Government to explain why they have chosen not to retain a piece of legislation.
• The amendment aims to preserve additional parliamentary scrutiny requirements established in the EU Withdrawal Act for secondary legislation under section 2(2) of the European Communities Act 1972.
• Subsections (1) and (2) will ensure that only delegated powers' parliamentary scrutiny procedures apply when amending or revoking legislation containing section 2(2) ECA provisions.
• The minister cites evidence from Dr Ruth Fox of the Hansard Society indicating no tangible benefits from these scrutiny requirements.
• The objective is to ensure appropriate levels of parliamentary scrutiny for amendments or revocations made to subordinate legislation.
• Additional parliamentary scrutiny requirements were agreed in relation to the amendment or revocation of secondary legislation under section 2(2) of the European Communities Act 1972 when the EU Withdrawal Agreement was implemented in 2020.
• The Bill seeks to remove these requirements as they are deemed inappropriate for legislation that is no longer necessary given the UK's departure from the EU.
• Clause 12 allows UK Ministers to restate or protect retained EU law.
• Subsection (3) clarifies that restated legislation will no longer be considered retained EU law.
• The power in clause 12 expires on December 31, 2023, aligning with the sunset of most retained EU law.
• Each Department is responsible for determining whether retained EU law needs assimilation, amendment or update.
• The Government has proposed simple clarificatory amendments under clauses 12 and 13 of the Bill.
• Amendments ensure that restatement powers cannot be used to bring back EU concepts like supremacy principles.
• Amendment 82 would mandate consultation on any restatement of retained EU law.
• Consultation can help identify minor issues, unintended consequences, and drafting errors before a law is enacted.
• The process for replacing or removing REUL could lead to the disappearance of fundamental rights with little opportunity for public debate.
• The amendments aim to restrict the use of Henry VIII powers.
• Amendment 14 prevents Ministers from making any changes that might appear to have originated in the European Union.
• Government amendment 55 calls for proper consultation before secondary legislation can be implemented.
• The Bill contains provisions for the draft affirmative procedure where powers are used to amend primary legislation.
• A sifting procedure applies under clauses 12 and 13 for regulations proposed under the negative procedure.
• There is a statutory instrument programme involving work across Whitehall.
• Amendment 85 removes restrictions on replacing EU law.
• Amendment 94 adds conditions related to environmental protection.
• New clause 9 requires consultations, reports, and a sixty-day waiting period for proposed regulations.
• Amendments 84, 87, new clause 9, and amendment 94 are proposed.
• Clause 15 includes powers for Ministers to act without observing oversight provisions like consultation.
• New clause 9 would require proper consultation before exercising revocation or replacement powers.
• DEFRA is behind schedule on setting long-term environmental targets due by October 31, 2022.
• The Bill's Clause 15 promotes deregulation.
• Amendments aim to remove the ratchet provision (Amendments 85 and 86).
• Creasy suggests higher protections for agency workers, equal pay improvements, and legislation against pregnancy discrimination.
• Clause 15 allows for the repeal of up to 4,000 pieces of legislation.
• Subsection (5) restricts regulations that impose burdens or administrative inconveniences without thresholds or limits.
• The Bill could potentially be used by right-wing extremists to dismantle protective legislation.
• Clause 15 aims to ensure appropriate regulations are in place by removing unduly burdensome, outdated, or unfit-for-purpose retained EU law.
• Departments will be able to maintain current regulation levels where deemed necessary, with safeguards ensuring significant policy changes go through the affirmative procedure.
• The dashboard has identified over 2,500 pieces of retained EU law requiring review.