The Retained EU Law Bill, introduced to Parliament in September of last year, will see thousands of EU laws ditched by the end of 2023 and this has been criticised by the devolved legislatures of the UK.
A culmination of the Brexit journey, the bill will allow Welsh and UK ministers to scrap, amend or replace EU law that was retained during the Brexit transition period. While there has been a slight shift away from these laws during the transition period, thousands of regulations are still in force. According to the government however, they “never intended to sit on the statute book indefinitely”.
The bill contains a “sunset clause” which details that by the end of the year, laws that have not been saved, reformed or removed will automatically expire.
The UK government said the bill will prevent EU laws from “dragging down the UK” and allow the UK to take “advantage of the benefits of Brexit.
One report says that these plans will concentrate too much power in the hands of Welsh and UK government ministers, creating an “unacceptable power imbalance”. Boris Johnston’s prorogation of Parliament in 2019, which the Supreme Court ruled to be unlawful, shows that this is not the first time the actions of the executive risk side-lining the parliaments of the UK.
One report says that these plans will concentrate too much power in the hands of Welsh and UK government ministers, creating an “unacceptable power imbalance”.
Members of the Senedd are particularly concerned with the Bill as it impacts many laws it is responsible for. Mick Antoniw, Welsh government senior advisor on legal matters, fears that the bill would give UK ministers “unfettered authority to legislate in devolved areas,” risking a “reduction of standards in important areas including employment, health and the environment”.
The chair of the Senedd committee, Huw-Irranca Davies, holds that the bill will reduce “proper scrutiny from the Senedd” and that in order for there to be “good laws” in Wales, they must have “proper oversight and time to consider legislation”. He calls the sunset clause an “unnecessary deadline”.
The chair of the Senedd committee, Huw-Irranca Davies, holds that the bill will reduce “proper scrutiny from the Senedd”
The Welsh government has encouraged Senedd members to not give their consent to the legislation. The Sewel convention sets out that the UK parliament “will not normally legislate with regard to devolved matters without the consent” of the devolved legislatures. Despite this, the Senedd’s decision will not block the bill from coming into effect.
The Bill has been through the House of Commons and is currently in the House of Lords, where it is expected to experience significant opposition.