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Government proposals on retained EU law to be scrutinised by Committee

25 February 2022

The European Scrutiny Committee questions legal experts on Government proposals to create an ‘accelerated process’ to amend or repeal retained EU law.

Witnesses

Wednesday 2 March 2022

At 2.30pm

  • Martin Howe QC, Barrister, 8 New Square Chambers
  • Sir Stephen Laws QC (Hon), Senior Research Fellow at Policy Exchange and the Institute for Advance Legal Studies
  • Dr Oliver Garner, Maurice Wohl Research Fellow in European Rule of Law, Bingham Centre for the Rule of Law
  • Dr Tom West; Researcher, Hansard Society

The Government’s ‘Benefits of Brexit’ policy paper argues that new powers are necessary to optimise the use of Parliamentary time. The Government’s review of retained EU law will accordingly consider a new targeted power to amend retained EU law.

However, concerns have been raised that the proposals, if implemented, would need to be matched by new scrutiny processes to ensure adequate Parliamentary oversight.

Retained EU law was kept on the statute book as an expedient to avoid a legal cliff-edge following Brexit. There are thousands of examples from chemical regulations to the maximum number of hours people can work per week.

MPs will also enquire about the accessibility of retained EU laws for the people and businesses that have to follow them. Currently, those that need to follow regulations set out in these laws often have to look up both UK Government and EU documents to get the full picture of the rules.

Further information

Image: PA