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Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

"I beg to move amendment 38, in clause 7, page 5, line 39, after “court)” insert

“in England and Wales or Northern Ireland”.

This amendment, together with Amendments 39 to 47 and (a) to Amendment 5, would remove the Scottish courts and Scottish law officers from the case law reference …..."

Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

"Anyone sufficiently interested in knowing the list of amendments I am addressing can read them in Hansard. As we have heard, clause 7 seeks to relax domestic rules on judicial precedent, which will make it easier for appellate courts across the UK to depart from retained case law. The …..."
Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

"I absolutely associate myself with the comments made by my hon. Friend the Member for Glenrothes. It is for the Scottish Parliament and the Scottish Law Officers to decide what they can and cannot do and it is not for this place to impose that. I have always imagined that, …..."
Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

"I beg to move amendment 35, in clause 7, page 7, line 4, leave out

“, if the point of law relates to the meaning or effect of relevant Scotland legislation”.

This amendment, together with Amendment 36, modifies the points of law on which the Lord Advocate may make a …..."

Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

"I will speak briefly about the amendments, which will remove any restraint the Bill would place on Scotland’s Lord Advocate in making reference to retained EU law.

As it stands, the Bill restricts the Lord Advocate’s power to make reference only to points of law that relate to the meaning …..."

Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

"I congratulate my hon. Friend the Member for Glenrothes for his very thoughtful contribution. Again, that goes to the heart of the Bill and the bonfire that the Government are setting if they get it wrong, time and again. There are dangers in treating this state as one country—that is …..."
Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

"I beg to move amendment 49, in clause 7, page 9, line 33, at end insert—

“(11) Within three months of the passage of this Act, the Secretary of State must lay before both Houses of Parliament an assessment of the impact of this section on the commitment of the …..."

Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

"I will not push the amendment to a vote, but we will return to it on Report. I remain completely unclear, given the timeframe, how EU law will be removed by the Bill, but be maintained and reaffirmed in the protocol. I am unclear how that actually works...."
Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

"I absolutely agree with the hon. Lady. Such muddled thinking and the unintended consequences of pushing it through so quickly go to the heart of the Bill. There are consequences to setting a ridiculously unachievable sunset clause. The thinking time that should have gone into the Bill has not happened. …..."
Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Speech in Public Bill Committees - Thu 24 Nov 2022
Retained EU Law (Revocation and Reform) Bill (Sixth sitting)

"I beg to move amendment 51, in clause 10, page 11, line 18, leave out from “paragraph 3” to the end of line 23 and insert

“may not be so made, confirmed or approved unless a draft of the legislation has been laid before, and approved by resolution of, (as …..."

Brendan O'Hara - View Speech

View all Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) contributions to the debate on: Retained EU Law (Revocation and Reform) Bill (Sixth sitting)