Retreat From Revocation and Reform
It doesn’t take a genius to work out the problems with the government’s proposed Retained EU Law (Revocation and Reform) Bill.
The project of former minister Jacob Rees-Mogg, even some of the most ardent Brexit supporters see little sense in the legislation. In essence it would dangle 4,000 EU-derived laws over the edge of a cliff until they are either saved, amended or ultimately dropped at the end of the year.
Such a bonfire of laws might appease those on the far-right of the Conservative party but the idea that we could truly get to grips with the impact of such widespread revocations in such a short period of time is fanciful. The laws were retained because they ensure a degree of continuity after Brexit. That continuity would be lost but, beyond that, the laws interact with each other, as well as with the UK statute book, so the real effects will not be felt until it is too late.
Opposition to the Bill has come from all quarters. Businesses have concerns that the Bill would start a trade war with Europe, unions worry that it would erode workers rights and environmental groups reckon that key protections would disappear overnight.
This has not gone unnoticed by Parliament and now The Observer reports that opposition from the House of Lords has forced ministers into “a full-scale retreat”. In particular, Conservative peers have indicated that they will join a wide-scale cross-party revolt that could lead to an embarrassing defeat for the government.
The concern in Number 10 is so real that the report stage in the Lords (which was due to take place shortly after the Easter recess) has apparently been pushed back until after local elections in May so that it does not appear that the government is in complete disarray.
Indeed it is not impossible that the proposals could be scrapped altogether. If the Bill is to move forward then the government will have to meet with the rebels and agree to some changes. That may mean Parliament having a greater say in what laws are retained (instead of it just being left to ministers and civil servants) and, importantly, a longer deadline before the remaining laws get sunsetted into oblivion.
As negotiations continue, that new sunset date is likely to move beyond the date of the next general election and the chances that the Bill takes any effect whatsoever are reduced significantly.
For many that will be the real aim and hope here. The Bill is a legal headache and a disaster waiting to happen. Brexit was about bringing control back to Parliament but this legislative effort is out of control and cuts Parliament out of the equation.
This week on the podcast we consider a paradox in tax legislation and the Supreme Court had to decide how to cut the Gordian knot.
Episode link: http://uklawweekly.com/2023-uksc-12/
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