Meeting of the Parliament 23 February 2023
Scottish Labour has been clear that we do not support the Retained EU Law (Revocation and Reform) Bill. I start by thanking all those who gave evidence to the Constitution, Europe, External Affairs and Culture Committee on the bill’s implications, and our clerks for their hard work in helping us pull together our report.
My view is that the bill joins a long list of mistakes made by the UK Conservative Government over the Brexit process, demonstrating an obsession with deregulation and destroying our relationships with our nearest neighbours without thinking through the damaging consequences.
The bill delivers a legal cliff edge. Its impact has not been thought through and it would mean that the UK Government would have to consider literally thousands of pieces of legislation and identify the ones that it wants to keep. That would be a massive diversion from the current issues facing our economy and our people.
I note Donald Cameron’s suggestion that our two Governments work together, which I of course agree with, but surely there is a better approach. This bill will create massive uncertainty, and there is a real danger that important legislation will be forgotten about and will disappear overnight.
The Constitution, Europe, External Affairs and Culture Committee report, which was published last week, highlights important concerns about disease control and implications for people’s health. It was suggested in evidence that we will see the impact of the bill when food standards drop and animal welfare is undermined. As the RSPB has highlighted, the bill puts at risk air and water quality, species and habitats protections and protections around pesticide and chemical levels in food and water. Surely, therefore, it would have been far better to consider which EU laws we would rather not have; consult with stakeholders, so that they were able to get involved; carry out risk assessments; ask lawyers about the legal implications; speak to producers and businesses; and discuss with campaigners and trade unions.
We should not only have discussed the laws that need to be retained; we should have thought about the global climate crisis that we are in and how we can accelerate our pace of change. I have to say that this is the worst possible time to be deleting legislation that protects the environment.
It is absolutely striking that stakeholders are deeply worried about the bill. Roger Barker, director of policy and governance at the Institute of Directors, said:
“Getting to grips with any resulting regulatory changes will impose a major new burden on business which it could well do without.”
The legislation will undermine workers’ rights, and the then Trades Union Congress general secretary, Frances O’Grady, described it as “a recipe for chaos”. Further, the Confederation of British Industry said that the Government should focus instead on improving its trading relationships with the EU. I totally agree. We should be rebuilding our relations with our nearest neighbours, not trashing them further.
Let us be clear: this bill is bad for business, the economy, trade, workers’ rights, health and safety and the environment. Critically, it also undermines devolution. It is another example of the Tory Government riding roughshod over devolution. That is not acceptable.
I hope that, as the bill progresses to the UK Parliament, there will be a rethink. By refusing to give consent, I hope that our Parliament will play a role in bringing about that rethink.
We cannot forget that the transfer of power from the legislature to the executive in this bill also extends to our Parliament. It is absolutely vital that we have parliamentary transparency and accountability. I would therefore be keen for the cabinet secretary to publish his Government’s plan for alignment and for ensuring that our stakeholders and our Parliament’s committees are consulted. Clare Adamson was absolutely right to say that we needed more comprehensive debate on this issue. Our stakeholders and our communities need certainty, accountability and transparency, not the legal cliff edge and bad government that this bill will deliver.
14:52