One of the central promises of Brexit is being violated by the Government, a new report has suggested

Sign up for our weekly Behind the Headlines email and get a free copy of Byline Times posted to you

A committee of peers has condemned the Government’s plan to let ministers unilaterally repeal, amend or retain existing EU laws in the UK – calling it a betrayal of the Brexit campaign.

The Delegated Powers and Regulatory Reform Committee considers whether proposed legislation is given appropriate parliamentary oversight – and whether the government is overstepping its powers.

The committee has published a new report on the Retained EU Law Bill, which proposes granting ministers the power to revoke or amend the thousands of EU laws on the UK statute book. The Government proposes that any EU law that has not been reviewed by the end of 2023 will automatically fall off the statute book unless saved.

Notably, the committee says, these proposals explicitly contradict the promises made during the Brexit campaign and the European Union (Withdrawal) Act passed in 2018.

“The Government’s approach in this Bill is a significant departure from the position taken by successive governments since the EU Referendum in 2016,” it writes – namely, that Parliament would ‘take back control’ of laws, following our departure from the EU.

“The powers in the current Bill create a mechanism that allows [retained EU law] to be revoked, restated or amended by Ministers in secondary legislation rather than (as the Government committed in 2018) by Parliament in primary legislation,” it adds.

The normal procedure for changing the law involves debates, committees, amendments and several stages of parliamentary scrutiny – most of which would be sidestepped through this Bill.

FEARLESS, INDEPENDENT JOURNALISM
& INCREDIBLE VALUE

Receive the monthly Byline Times newspaper and support quality, investigative reporting.

In effect, the Bill constitutes a “blank cheque placed in the hands of ministers”, the committee writes. The number of retained EU laws that fall under the scope of the Bill (now estimated at 3,700), means that “Parliament’s limited powers to scrutinise the changes are likely to be wholly compromised”.

The peers emphasise that the EU laws to be ruled upon by ministers are not trivial either.

“Here we have very wide powers to make provision across multiple policy areas,” the committee says. “We are not talking about antiquated or redundant law but functioning law that is central to our everyday life. This includes laws concerning employment, health and safety, food safety, food labelling, animal welfare, consumer protection, habitats, environmental regulation, water and air pollution, tobacco, working time, competition and many others.”

The ‘sunset’ deadline for the potential expiration of EU laws has been “arbitrarily” set for the end of this year, yet the Government also has the power to extend this deadline if needed – potentially causing yet another period of uncertainty for business.

Brexit: Three Years OnThe Lie So Etched on Britain’s Body Politic

Jonathan Lis

Tony Danker, director-general of the Confederation of British Industry (CBI), has said that the Government is acting “foolishly” in trying to rush through its review of EU laws – claiming that it will cause “mass confusion and disruption” during a period of economic uncertainty.

A cross-party group of MPs, including senior Conservatives, are attempting to assert Parliament’s right to decide on the future of the EU laws – rather than ministers. The group is led by Labour’s Stella Creasy and includes former Brexit Secretary David Davis.

“If this Bill goes through, it will drive a coach and horses through parliamentary sovereignty – something we were told would be improved by Brexit,” Creasy has said.

The House of Lords committee says that five of the six most important provisions delegating power to ministers “should be removed… altogether”. It also proposes that the idea of a ‘sunset’ date for the EU legislation – whereby the laws expire at the end of the year – should be dropped.

Retained EU law “should continue to have effect on and after the sunset date unless the Bill contains express provision for that specific piece of legislation to be revoked from that date”, the peers say.

OUR JOURNALISM RELIES ON YOU

Byline Times is funded by its subscribers. Receive our monthly print edition and help to support fearless, independent journalism.

New to Byline Times? Find out more about us

SUBSCRIBE TO THE PRINT EDITION

A new type of newspaper – independent, fearless, outside the system. Fund a better media.

Don’t miss a story! Sign up to our newsletter (and get a free edition posted to you)

Our leading investigations include: empire & the culture warBrexit, crony contractsRussian interferencethe Coronavirus pandemicdemocracy in danger, and the crisis in British journalism. We also introduce new voices of colour in Our Lives Matter.

More stories filed under Boris Johnson’s Hard Brexit

Iraq and Brexit: A Common Thread of Hubris

, 23 March 2023
Both events were driven more by ideological conviction – than rational analysis – and against the advice of most experts, writes former diplomat Alexandra Hall Hall

Labour has ‘More Seats to Gain by Rejecting Brexit than it would Lose in Red Wall’, New Poll Suggests

, 22 March 2023
Keir Starmer could win an increased majority by turning against Brexit – but party officials are still rejecting any notion of rejoining the EU

Rishi Sunak’s Brexit Deal Shows what Britain Lost by Leaving the EU

, 28 February 2023
In seeking praise for repairing some of the damage caused by Brexit, Rishi Sunak's revised deal only highlights what we lost through cutting ties with the EU, reports Adam Bienkov

More stories filed under Fact

EXCLUSIVE The Downfalls of Johnson and Truss ‘Have Not Brought UK's Constitutional Chaos to an End’

, 23 March 2023
Nearly 100 areas of concern for UK democracy are highlighted in a worrying new report

Poor Health: Why are the British Dying Earlier than Expected?

, 22 March 2023
The UK has fallen to 29th in the global rankings of life expectancy. Matthew Gwyther looks at the economic and social reasons why the country has become the ‘sick man of Europe’ again

The Second-Jobbing MPs Earning Millions Outside Parliament

, 20 March 2023
A Byline Times investigation reveals 20 MPs working the equivalent of at least one day a week on second jobs

More from the Byline Family