18 January 2023
Peter Aldous raises concerns at sunset clause in Retained EU Law (Revocation and Reform) Bill

Peter Aldous speaks in the debate on the Retained EU Law (Revocation and Reform) Bill and raises concerns that the sunset clause at the end of this year is unrealistic, will result in hasty lawmaking and put the ultimate objective, to have better legislation than when we were in the EU, at risk.

Peter Aldous (Waveney) (Con)

I have concerns about the Bill in its current form. Those concerns are informed partly by the National Farmers Union, of which I am a member through the family farm of which I am a partner, but they also apply to all other sectors of the economy and to all means of protection and regulation, whether they relate to the environment, to consumers or to workers. They are concerns of practicality, not of principle, and are driven by a desire to improve the UK’s regulatory and legal framework after our departure from the EU.

My principal worry is that the requirement to revoke all EU legislation by the end of this year is unrealistic. Such a sudden sunset clause sets a framework for bad and hasty lawmaking, although I acknowledge that the Bill makes provision for the deadline to be extended in certain circumstances.

Let me make some brief observations. Nearly seven years after the referendum, it is right that this process is finally being legislated for. There are many aspects of the law that require improvement and reform, but that needs to be carried out in a considered, not rushed, manner, with a proper review process set out and with full consultation.

The scale of the task, given the timescale proposed, is enormous. There is real worry about whether Departments such as DEFRA have the capacity to carry out the work, or whether other important work, of which there is much in these challenging times, will be given a lower priority as an unintended consequence. DEFRA alone has approximately 600 pieces of legislation to go through, and there may well be regulations of which it is unaware. A rash striking out of all laws by a set date could leave gaps in the law and the regulatory framework.

We should keep in mind the implications for the Government Legal Profession, in which morale is already low. A recent survey found that a third of its staff want to leave within a year. As well as the possible environmental and consumer protection risks that might inadvertently be created, there is also a worry that there will be a negative impact from a business perspective, with attention being diverted, uncertainty created and investment decisions delayed or cancelled.

In conclusion, I am worried that the Bill appears to be a continuation of the approach that has been adopted since Brexit: a rush, with no considered long-term plan in place, to carry out work such as agreeing trade deals that justify Brexit. We seem to be striving for quantity rather than quality. We are in danger of losing sight of what should be our ultimate objective: to put better arrangements in place than we had when we were in the EU. I fear that in its present form the Bill puts that aim at risk. I hope that in the Minister’s winding-up speech and in the other place, the Government will allay my concerns. They would do well to adopt the four-point improvement plan that my right hon. Friend the Member for Chelmsford (Vicky Ford), who is not in her place, set out earlier in the debate.

Hansard