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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 1 July 2025
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Displaying 2374 contributions

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Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 6 December 2022

Mark Ruskell

It is very welcome to see the on-going alignment with EU law. Stakeholder engagement was one of the issues raised in the Constitution, Europe, External Affairs and Culture Committee. Obviously, stakeholder engagement in Europe is extremely detailed throughout the policy development process and the development of regulations. Now that we are out of that system, minister, how have we attempted to replicate that stakeholder engagement at an appropriate level with the adoption of the regulations? Indeed, how are you involving stakeholders with regard to what might come forward through the directive over time that we might wish to align to? We have lost that architecture of really in-depth stakeholder engagement.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Mark Ruskell

I am struggling to think through how all this law can be retained in a fast-tracked way. Is there a competent way to fast-track retention of law? I think that David Bowles said earlier that we could put it all in an appendix and have thousands and thousands of laws.

Is there a danger that if laws were fast-tracked, that might be seen as being inadequate and could be legally challenged because proper impact assessments were not done for every single one of the thousands of laws? I am trying to understand what the complexities might be and whether there is a genuinely simple way, should ministers wish to use it, to retain that law.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Mark Ruskell

Okay, but the main point here is that we have not adopted the acquis that the principles are part of, so we are no longer part of that. The principles might be in the treaty of Lisbon or whatever, but we are no longer part of that—we are not in that context any more—so where they get put is important.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Mark Ruskell

I want to pick up on a point that Professor Reid raised at the beginning of the meeting—it would be good to get others’ reflections on it as well—about EU case law and its status, which has been built up over many decades. There is a phrase in the bill about EU case law restricting

“the proper development of domestic law.”

The committee has been struggling to understand what constitutes “proper development”, so I wonder whether Professor Reid could offer some thoughts on that. It would be useful to hear whether others have concerns or questions about how they think that that might play out with regard to the habitats regulations or other EU case law.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Mark Ruskell

I was also interested in the interrelationship with the environmental principles. Lloyd Austin said that the environmental principles are not yet embedded, although they have been stated. Do the principles run through case law? For example, is the precautionary principle embedded in case law, but not embedded enough in legislation to ensure that it would remain in place?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 24 November 2022

Mark Ruskell

I should declare an interest in that I am an associate member of the British Veterinary Association, although not a doctor.

I want to pick up on the third theme, which is about practical considerations, although I think that we have covered some of that already in the answers. We know that it is only 13 months to the guillotine, as it has been described. Could the witnesses give us their reflections on what that means for their organisations and how they anticipate working directly with Government departments, particularly DEFRA?

You are having to review 570 laws. We have heard general concerns about resource and staff implications, but how are you practically trying to work with that challenge in engaging with your members and Government departments, setting up working groups and so on? What does that stakeholder engagement look like for you? These decisions will need to be made if there is a sunset timescale of 13 months, rather than a phased approach being taken or a much more distant deadline being put in place.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 24 November 2022

Mark Ruskell

That was a useful reflection on the impact. I am interested also in what practical measures you are putting in place, because the clock is really ticking on this.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 24 November 2022

Mark Ruskell

I am getting the sense that there is not a plan—no one has said to you, “These are the dates by which you need to respond”. Sarah Millar, do you have a view?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 24 November 2022

Mark Ruskell

If there is time for another question, I would like to ask what your preferred sunset clause is, if you would like there to be a sunset clause at all.

I think that Gareth Hateley said that he wanted the laws to be in place for as long as possible, and I think that Jonnie Hall said 2026. We have had evidence to suggest that that is quite an arbitrary date—it is 10 years after Brexit. Do you have any specific thoughts on when a sunset clause, if there should be a sunset clause at all, should be implemented, or do you think that a phased approach is the best way forward, which means that it is hard to pick a date?

Net Zero, Energy and Transport Committee

Scottish Water (Annual Report and Accounts 2021-22)

Meeting date: 22 November 2022

Mark Ruskell

Of the discharges that you know are happening, and which you recognise are problematic and are therefore monitoring, what proportion are deliberate and what proportion are accidental discharges?