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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 4 May 2021
  6. Current session: 13 May 2021 to 14 September 2025
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Displaying 2246 contributions

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Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Sir Jonathan, you mentioned the word litigation. Paul Sweeney’s question was about clause 8, but it made me think about the bill as a whole.

The word “uncertainty” has been used a lot by witnesses today, about what may or may not happen. Do witnesses expect litigation to take place because of the lack of clarity that is caused by the number of regulations and the volume of legislation that will be covered by the bill? There are 2,400 pieces of retained EU legislation and potentially another 1,400—possibly up to 5,000. I dare say that, at some point in the future, some organisations will operate and take decisions on the basis of what they think is the law, but potentially, because of the sunset clause, the initial law might not exist any more, because it will have fallen off the statute book. Do you expect an increase in litigation as a consequence of this legislation from the UK Government?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

The final area of questioning is on the issue of Henry VIII powers, which tend to bring some controversy any time they are spoken about.

Prior to the publication of the bill, the Public Law Project, in written evidence to the House of Commons European Scrutiny Committee’s inquiry into retained EU law, stated:

“A broad Henry VIII power for the UK Executive to make law in any area of former EU competence would be constitutionally inappropriate.”

The Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee, in its recent report titled “The Impact of Brexit on Devolution”, stated:

“The Committee’s view is that the extent of UK Ministers’ new delegated powers in devolved areas amounts to a significant constitutional change. We have considerable concerns that this has happened and is continuing to happen on an ad hoc and iterative basis without any overarching consideration of the impact on how devolution works.”

Do the witnesses have any comment about the Henry VIII nature of many of the powers contained in the bill?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Colleagues have no further questions. Do panel members have anything to put on the record that they have not already highlighted?

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 13 December 2022

Stuart McMillan

Under agenda item 3, we are considering an instrument on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 13 December 2022

Stuart McMillan

Under agenda item 4, we are considering an instrument on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Made Affirmative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Under agenda item 2, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 6 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

10:13 Meeting continued in private until 11:50.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Does the committee wish to draw to the attention of the relevant lead committee the reasons that have been given for the breach of the 28-day rule in this instance?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Under agenda item 3, we are considering one instrument, on which no points have been raised.