Meeting of the Parliament 08 June 2023
I rise to speak for Scottish Labour in this debate and to support the Scottish Government’s motion in the name of the cabinet secretary to withhold consent to the UK Government’s Retained EU Law (Revocation and Reform) Bill.
I thank the officials from the Constitution, Europe, External Affairs and Culture Committee for their assistance in turning round a report on the issue very quickly.
I suspect that, at decision time, Labour will join every party bar one in the chamber in refusing consent and reaffirming our opposition to the Retained EU Law (Revocation and Reform) Bill. We recognise that there have been amendments, but we also recognise that the amendments that have been made since we last discussed the matter are inadequate. That unity across four of the five parties here as well as across the devolved nations, with the Welsh Government taking the same approach, should encourage reflection on the part of the UK Government and be enough for it to ditch its reckless assault on the environmental, food, health and workers’ rights contained in the bill. However, history tells us how unlikely that is. The approach of UK Government ministers to leaving the EU has been arrogant and disrespectful. They have trashed conventions, ruined governmental relations and tarnished Britain’s reputation on the world stage—and for what?
The disastrous bill carries little confidence given the uncertainty in law that it will generate, and it has already been rejected once by the Scottish Parliament, as well as by the Welsh Senedd. The UK Government’s marching on demonstrates just how out of touch it is.
As the cabinet secretary has said, the amendments from last month were constructed to such a tight timescale that proper scrutiny has been avoided. That re-emphasises our concern about the approach that the bill fosters.
The Labour Party, here and at Westminster, repeatedly called on the UK Government to remove the automatic sunset clause, which would have resulted in hundreds of laws dropping off the statute book at the end of the year. We therefore welcome the significant U-turn, which flips the original approach on its head and assimilates all EU law into domestic law, with the exception of those in schedule 1 to the bill. However, as we have heard, concerns remain.
The cabinet secretary’s evidence to the committee outlined that there are nine areas in which concurrent powers between the Scottish ministers and UK Government ministers could mean that the Scottish Government’s and, indeed, the Scottish Parliament’s aims are frustrated when UK ministers have a different policy objective in those areas. That amounts to the creation of uncertainty and a potential encroachment on devolved competence.
It is essential that we see more co-operative working to ensure that possible areas of disagreement are avoided. When the bill receives royal assent, as it undoubtedly will, we must ensure that there is enough transparency in how it is operated.
Amendments to the bill mean that UK ministers will be expected to present a progress report to MPs every six months. Given the vast broadening of executive power that is contained in the legislation, it would be appropriate for the Scottish Government to follow suit and ensure that we in this Parliament are updated on the actions of Scottish ministers as regularly as possible. I do not believe that the current commitment to do so annually is good enough in an area in which there are likely to be many developments throughout the year. I agree with what the convener has said on that issue. I also acknowledge what the cabinet secretary said to me in the committee in that regard, and I hope that we will see progress on that matter.
Labour will vote to withhold consent to the bill. Pressing ahead is the wrong approach. The bill poses a significant and serious threat to devolution. It will mean large-scale deregulation and a race to the bottom, and its enactment will result in a weakening of rights awarded through 47 years of EU membership.
Businesses, trade unions and campaigners in Scotland and across the UK have called for the bill to be stopped. This Parliament, the Welsh Senedd and many MPs agree. Those warnings must not be ignored, and the bill should be scrapped before it is too late.
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