An Update on the Retained EU Law (Revocation and Reform) Bill
The controversial Bill continues its progress towards Royal Assent, despite continued criticism and uncertainty over its impact.
What Is the Retained EU Law (Revocation and Reform) Bill?
The Bill is a piece of draft legislation which, if passed, will have the power to automatically remove thousands of pieces of retained EU law from our domestic legal framework. The Bill sets a default position whereby affected law will be automatically revoked on the 'sunset date' of 31 December 2023, unless Ministers step in to save specific pieces of legislation. In an employment context, key rights that could be at stake include holiday rights, the 48-hour working week, part-time worker protections and TUPE.
Why Has the Bill Attracted So Much Criticism?
The Bill has been widely criticised across the political spectrum and beyond. Critics of the Bill argue that automatically revoking EU law will create uncertainty and confusion. It will be a vast task to sift through all affected legislation in order to decide what law to save. Commentators have expressed significant concern that key pieces of legislation will be missed.
The Delegated Powers and Regulatory Reform Committee of the House of Lords has recently published a report on the Bill. The Committee's major criticism of the Bill is that it confers too much power on Ministers, in respect of matters it says should be a matter for Parliament to decide as a whole. Its recommendation is that the majority of the Bill's provisions containing delegated powers should be removed.
The Government has so far defended the Bill as a means of achieving freedom from EU law.
What Is the Current Status of the Bill?
The Bill has completed its passage through the House of Commons, and is to date largely unamended. It is now progressing through the House of Lords, having completed its second reading and with the Committee stage due to start later this month.
In response to the second reading debate, the Government has said that a major cross-Government programme is already underway to identify retained EU law that can be reformed, repealed or replaced. When the Bill receives Royal Assent, the intention is for change to be managed ahead of the sunset date. Hundreds of statutory instruments will need to be passed in order for the transition to be managed.