Retained EU Law (Revocation and Reform) Bill

Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:24 pm on 9 November 2022.

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Photo of Mick Antoniw Mick Antoniw Labour 2:24, 9 November 2022

Thank you. The Bill is obviously something that is very significant; it transfers enormous powers to UK Government Ministers, who would have the option of not instating, or not retaining, certain legislation in UK Government, almost at their discretion. The example that I know has been publicised very well is the one, for example, of statutory holiday pay, which derives from the EU retained law. Were that not to be retained and reinstated into UK law, it would at a stroke actually be eliminated, so we would lose that, and there are many other examples where individual rights that individuals have could disappear at a stroke with virtually no scrutiny from UK Government. Our concern as a Welsh Government is, of course, that the Bill contains issues in respect of concurrent powers for UK Government Ministers in the retained EU law Bill that can be exercised in devolved areas. It has a sunsetting clause that was set for 31 December 2023. This relates to something like 2,400 pieces of legislation. I think I've already commented, as, indeed, have other nations of the UK commented, that, basically, this would almost completely overwhelm not only the UK Government's legislative programme, but ours as well, if we were to try and address this. So, we are looking at very careful options on that.

I suppose there is some hope in terms of some comments that maybe there will be a review of it. My view is that this piece of legislation is wholly unnecessary. It doesn't actually achieve anything or do anything of any significance when you consider all the particular challenges that exist. I'm very moved by the comment from the former environment Secretary Theresa Villiers. She was a Brexiteer, so she has a vested interest in Brexit and these issues, but she said that the proposals would take up vast amounts of civil service time and would involve undoing legislation that, in many cases, was broadly popular and good for the country. Others have expressed a view that this Bill is potentially an ideological millstone. So, we're monitoring it very, very closely. I had two meetings with the previous Minister, Rees-Mogg. That, of course, has changed, but there will be opportunities for further discussions, and this is very much on the Welsh Government's and on my radar.