The House of Lords has lastly caved in and ended its stand-off with the Government over its plans to scrap swathes of EU legal guidelines.
The Retained EU Law (REUL) Bill had been in a state of parliamentary ‘ping pong’ for weeks, with the invoice going forwards and backwards between the Commons and the Lords with neither facet backing down.
The Lords had been focussing on pushing for ‘non-regression’ of EU environmental guidelines, and to offer Parliament better say in deciding which EU legal guidelines may be revoked or amended, in a problem to the ability of the Government.
Last night time the higher chamber, which has typically been accused of making an attempt to frustrate or block Brexit previously, lastly caved in and handed the invoice.
Government minister Lord Callanan spent the afternoon urging friends to withdraw their amendments to the Bill and finish the back-and-forth between the Commons.
At one level he needed to remind the Lords that given they're unelected they couldn’t afford to frustrate the invoice rather more.
He mentioned: “The reality is the Commons has considered this bill once more and have come to the same conclusions as they did previously, again with significant majorities”.
“This is now the third time that they have made their will clear. They are the elected House and they have been firm in their position.
“We have to take that into account, along with their democratic legitimacy.”
One of the principle arguments was over EU environmental protections, which some Lords and lobbyists had wished to see enshrined in a ‘non-regression’ clause, which means the UK couldn’t weaken protections.
However the Government’s minister on obligation defined that given ‘non-regression’ is so ambiguous, placing it within the invoice would imply all modifications to environmental laws might be challenged within the courts, which means a shift in politics from Parliament to the judiciary.
"In impact, we'd be transferring the legislative course of from Parliament to the courts, on each particular person regulation.
“Although we are content to say that we will not row back on environmental protections, that is the reason we are unwilling to see such a phrase placed in primary legislation.
"I am sure some of the environmental lobbyists and their lawyers would be very happy about all the work it would generate for them if we were to do so, but this is not the way to make legislation.”
With the Lords’ amendments dropped, the invoice will now head off for Royal Assent and turn out to be regulation.
While the transfer might be seen as a Brexit victory, the Government has already come underneath hearth for watering the invoice down considerably.
Kemi Badenoch, the commerce and enterprise secretary, abolished Government plans to ‘sunset’ all EU-derived and retained home laws on 31 December 2023, which might have in impact abolished all legal guidelines handed down from the EU whereas we had been members.
The Government is now dedicated to revoking simply 600 items of retained EU regulation, laws the European Scrutiny Committee slammed as “trivial, obsolete and are not legally and/or politically important.”
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