Retained EU Law (Revocation and Reform) Bill

William Cash Excerpts

Wednesday 24th May 2023 Commons Chamber

[The Solicitor General]

I am very grateful indeed to the right hon. Gentleman for his engagement throughout the debate, not only today but previously. He and I have engaged on certain related, like-minded campaigns, and I pay tribute to him for the work he does in his constituency. I reassure him that the Bill’s provisions apply equally to all parts of the United Kingdom and that Northern Ireland Ministers will benefit from the same powers as Ministers of the Crown, not least thanks to amendments tabled in the other place.

As for the criticisms of the mechanisms of the statutory instruments that are being used, I wish those concerns about lack of scrutiny had been raised during our membership of the EU. Where were they? Where were the cries? Where were the complaints? They were simply absent.

[Sir William Cash]

Will my hon. and learned Friend give way?

[The Solicitor General]

I will, but it will be the last intervention that I take.

[Sir William Cash]

Does my hon. and learned Friend agree that under section 2, they all came in almost entirely? There was some primary legislation, but it was almost entirely done through statutory instrument, and against the background of the undemocratic process that took place at the Council of Ministers.

[The Solicitor General]

I am very grateful to my hon. Friend, the Chairman of the European Scrutiny Committee, for that point. I believe he has been a member of the Committee since 1985 and has chaired it for almost as long, but not quite. I served on his Committee, and he has seen thousands of regulations pass through, unseen apart from his work and that of his Committee. Once again, I pay tribute to him for that work.

In terms of environmental protections, I remind the House of the repeated commitments made by Ministers at all stages of the Bill’s passage. I pay tribute again to the right hon. Member for East Antrim (Sammy Wilson) for his very clear interventions, amplifying so well the point made by my hon. Friend the Member for North Dorset and made so powerfully by my right hon. Friend the Member for Chelmsford early on in her speech, with which I agree in its entirety. I will just touch on that point, and amplify it briefly: since leaving the European Union, this Government have passed the landmark Environment Act 2021. We have produced our 2023 environment implementation plan, our storm overflows discharge reduction plan, and our plan for water. There are other plans, Madam Deputy Speaker, but I will not try your patience by reading out each and every one of them. [Hon. Members: “Go on!”] Well, only because I am being encouraged to, I will mention the Agriculture Act 2020 and—because the Attorney General is here—the Fisheries Act 2020. That will gladden her heart.

There it is: any accusation that Government Members are any less concerned about environmental protections than Opposition Members is totally false. Under the Environment Act, we are committed to deliver a legally binding target to halt nature’s decline by 2030. In reviewing its retained EU law, DEFRA’s aim is to ensure that environmental law is fit for purpose, able to drive improved environmental outcomes while ensuring regulators can deliver efficiently. That will ensure that the UK regulatory framework is appropriate and tailored for our needs in our country—in the United Kingdom. The Government have clear environmental and climate goals, which have been repeatedly set out. I could say the same in relation to workers’ rights, for which my hon. Friend the Member for Watford made the case so powerfully in his earlier intervention.

I will mention two more points before I close, the first of which relates to page 16 of the Bill. The port services regulations have been mentioned: that legislation has never been appropriate in the context of the United Kingdom’s decentralised and competitive ports sector. Removing the port services regulations from our statute book will reduce the bureaucracy in our ports sector, doing away with unnecessary reporting burdens.

[Sir William Cash]

Hear, hear!

[The Solicitor General]

I am delighted that my hon. Friend is “Hear, hear”-ing so loudly from the Back Benches.

I will now turn to interpretive effects and Lords amendment 6, and some of the concerns that have been raised. I take this opportunity to again thank my hon. Friend the Member for Stone, who has ceaselessly campaigned to end what he calls the shadow statute book. The fact is that the amendment replaces the section of the Bill developed by my right hon. Friend the Member for North East Somerset—who introduced the Bill—whereby section 4 of the European Union (Withdrawal) Act will be repealed after 31 December this year. The matters saved by section 4 consist largely of retained rights, obligations and remedies developed in the case law, no less, of the Court of Justice of the European Union, and the vast majority of those overlap with rights that we already have. Those overlaps can cause confusion and legal uncertainty, and I invite right hon. and hon. Members to join us in the Government Lobbies this evening.

I once again thank all Members for their contributions to the debate. This schedule is by no means the limit to our ambition for reforms of EU law: we have the power and we will continue to amend EU laws. It is imperative that we ensure this Bill reaches Royal Assent promptly; and as to the Government amendments, I commend them to the House.

Question put, That this House disagrees with Lords amendment 6.