, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Those are the two main options. We want to explore what ways we could encourage or achieve any of that in our own right. I think that's a very, very difficult area, but, obviously, you want to keep an open mind in terms of what possible further options there…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, firstly, if nothing is done, the potential there is that we have 3,800 pieces of legislation that have to be trawled through, analysed and scrutinised, to actually work out which bits relate to Wales, which bits are important to us, and it's the scale…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
What is different about this legislation is that, by a particular deadline, everything that falls within that category—that is, retained EU law—is revoked, unless certain things are done within certain categories. So, if you don't take measures to be able to…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, it's not a question of whether we want them; we will probably have no choice, because if we want to do anything about retaining legislation that maintains standards and so on, things that we agree with them in devolved areas, then we're going to have to…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, you know, as a Government and, again, as a Parliament, we don't have the power to amend UK Government legislation; we can either give or refuse consent to those areas in accordance with the terms of our own Standing Orders. We raise with the UK…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, we don't—
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, I think, in the process of changes to Bill, as it goes along—and there are moves to make changes, to make amendments at the different stages to that—what we will be doing is encouraging changes to be made that give us the guarantees that we have sought…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, I think the appropriate place for us to set out what our views are in terms of legislative consent and the analysis of the Bill is in the legislative consent process. We could be drafting all sorts of amendments and be suggesting that, but I think the…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, there is the inter-governmental process that has been established and which has not been used yet, but which I think is probably not going to be particularly ideal process for what we're talking about, although it might be. It seems to me the first…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
In terms of a change in position on the Bill, its need, the sunset clauses and so on, I'm not aware of any particular change yet. Of course, the Bill has got to go through its stages and there may well be changes, there may well be points that are taken into…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Because it's in a devolved area, though, we could bring our own legislation forward to actually do that, but it would be outside this particular legislation. We couldn't do it within this particular Bill.
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Yes.
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Yes, we would have—. Depending on how the Bill eventually works out, we will have the ability to identify those bits that are devolved and say we are going to retain those, so, basically, we're not going to see any diminution of standards, et cetera. So, we…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, the other parts that we've challenged and said—. Well, with regard to concurrent powers, we've said that, basically, it can't be right that the UK Government should be able to revoke or allow legislation to be revoked in devolved areas, that this is a…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Ah, sorry. Yes.
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, that is a risk, and these are the points that we've made, that I've made, in discussions with my counterparts; it was partly the purpose to some of the correspondence that we've had between ourselves and UK Government. They're points that the Scottish…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
The answer to that is 'yes, it is creating a problem, it's creating an unnecessary problem.' Because where it has been necessary to amend or change EU law, then that is what has been happening—as you know yourselves from all the items of legislation that come…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
We're not carrying out our own impact assessment, other than to the extent that we agree with, really, some of the analysis of the impact assessment that's already been made, that it really isn't fit for purpose, that it is very weak, it doesn't do the sort…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
I think the reality is that there is uncertainty and there is confusion, but I think that arises, really, as a consequence of the Bill and the direction in which the Bill is being taken and the work that is being done to support that Bill in terms of an…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Yes, Robert.
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Yes, maybe if I bring in either Rob Parry or Lisa at this stage, in terms of just to say a little bit about the engagement that is taking place in terms of the preparations that are under way.
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
I think maybe presentationally in terms of what you mean by 'we are reviewing' may be something that needs to be looked at. I can't speak for what Scotland and Northern Ireland are doing, but I think the reality is they can't be doing much more than we're…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
The best I can work out is they're actually doing pretty much the same as what we're doing.
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, listen, my understanding is that really what is happening, certainly in Scotland, and I suspect the same in Northern Ireland, is that we're all actually in very much the same boat and very much in the same position. The first thing is that the…
, Legislation, Justice and Constitution Committee
Legislative Consent Memorandum on the Retained EU Law (Revocation and Reform) Bill: Ministerial evidence session
Well, because I think it's the scale of what's required. Assessing 3,800 pieces of legislation, analysing it, understanding what is devolved, what is not devolved, where they may be disputes over where that is, where there are interdependencies and so on, is…
