Commons Sense

House of Commons · Westminster Hall

Scottish Devolution Settlement: Retained EU Law

19 October 2022 · 4 other contributors · 11,210 words

Opened by Brendan O'Hara SNP Argyll, Bute and South Lochaber

Responding minister: Dean Russell

ScotlandAgriculture & Rural AffairsEnvironment

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Brendan O'Hara raised concerns about scottish devolution settlement: retained eu law in Westminster Hall. A government minister responded.

Key points

  • Mr Brendan O'Hara expresses concern that the Retained EU Law (Revocation and Reform) Bill may allow UK Ministers to override Scottish laws in key areas.
  • Mr O'Hara asks the Minister to confirm if Scotland's decision to preserve all retained EU law will be respected and if the Bill undermines devolution.
  • The Minister states the Government aims to abolish special status for retained EU law by the end of 2023, enabling reform while respecting devolved competence.

Key requests to Government

Mr. O'Hara asks the Minister to confirm if Scotland's decision to preserve all retained EU law would be respected, whether the Bill undermines devolution, why issues raised by the Scottish Government were not addressed before publication, what impact assessments have been done, and if the legislative consent motion from the Scottish Parliament will be accepted.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Brendan O'Hara SNP Argyll, Bute and South Lochaber

Mr. Brendan O'Hara is concerned that the Retained EU Law (Revocation and Reform) Bill will undermine Scotland's devolution settlement by allowing UK Ministers to override Scottish laws in areas such as food standards, environmental health, and animal welfare. He cites examples where Scottish protections could be undermined by decisions made at Westminster, including potential importation of substandard products that the Scottish Parliament seeks to ban. He also mentions farmers' concerns about falling incomes due to rising costs and worries over deregulation's impact on agricultural subsidies.

Other contributors (4)
  • Alan Brown SNP Carrick, Cumbrae and Rothesay

    Alan Brown argued that the issue is not just about standards, citing the trade deal between the UK and Australia/New Zealand as an example where these countries are given higher quotas for importing lambs to the UK than allowed by the EU. Mr. Brown criticised the lack of Scottish Conservative MPs during the debate, questioning their absence when discussing power grabs by the Westminster Government. He argued that the abolition of EU retained law undermines devolution and allows for forced standards in Scotland through mechanisms like the Internal Market Bill. Mr. Brown highlighted historical instances where the UK failed to meet environmental standards under EU regulations and mentioned the current issues with sewage discharges. He also criticised fishing communities being misled about benefits from Brexit, pointing out that promised opportunities have not materialised. The hon. Member mentioned a hard Brexit and attributed it to the Tories; however, Labour also favours a hard Brexit according to its shadow Chancellor's view that the UK needs to process and deport people back more quickly. Why has the hon. Member not defended Labour's stance against re-joining the single market or supporting freedom of movement? Asked the Minister to explain the benefits of untangling UK from EU legislation and requested a specific example of an EU law that will be abolished and benefit constituents.

  • Graeme Dey SNP Highlands and Islands

    Mr. Graeme Dey expresses concern that farmers feel forgotten and undervalued, having been battered by Brexit and struggling with rising costs of feed and fertiliser.

  • Jim Shannon DUP Strangford

    Jim Shannon agreed with Alan Brown's view on the Union but highlighted the significant impact that being slightly removed from the EU has had on constituents, particularly in Northern Ireland. He pointed out that many businesses face higher costs and lack representation when it comes to EU legislation.

  • Patrick Grady SNP Glasgow North West

    Highlights the concerns about the Retained EU Law (Revocation and Reform) Bill, arguing it represents an executive power grab from Parliament and devolved legislatures. Emphasizes that the bill undermines devolution and disregards Scotland's referendum result against leaving the EU. Warns of the chaos if retained EU regulations are dropped off the statute book without replacement. Suggested that the sunset clause for changing retained EU law is arbitrary, given Parliament's regained sovereignty after Brexit.

Government Response

Dean Russell

The Government are committed to the devolution settlements and safeguarding the Union. The Retained EU Law (Revocation and Reform) Bill will abolish special status for retained EU law on the statute book by 31 December 2023, enabling swift reform of over 2,500 pieces of legislation derived from EU membership. It aims to make UK laws more nimble and innovative while respecting devolved competence and engagement with Scottish Government on areas like food standards.

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