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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 8 August 2025
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Displaying 617 contributions

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Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 8 December 2022

Sarah Boyack

I have a quick supplementary question as a result of the convener鈥檚 question. Is it possible to get an update on the work that the Scottish Government has done? You last gave us evidence a few weeks ago. It would be quite helpful to get a sense of the progress that you are making or the issues that you are identifying.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 8 December 2022

Sarah Boyack

I welcome that. In our first evidence session on the issue, the people round the table were all of the view that it would be far better to retain EU law and then decide what we do not want rather than, as you say, upend the entire process. I cannot remember, as a committee member, an evidence session where we have not heard evidence that disputes the approach. That is really unusual, given the range of organisations that we have had.

On how the Government responds, there is parliamentary accountability to us. I presume that, at UK level, there has to be a parallel to the work that we are doing and the work that is being done in Wales. The Northern Ireland Assembly is not in place at the moment, so there will be no scrutiny by elected representatives there, which must be an issue.

In your work and in the support from the civil service, do you have a ranking in deciding where to start? You mentioned biosecurity. We are not out of the pandemic yet, and there is an issue about transparency and safety, because this approach is potentially, without thought, putting people鈥檚 safety at risk.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 8 December 2022

Sarah Boyack

That would be helpful.

I have one final minor question, which is on work across the UK. Is the work on the common frameworks still going on and does it have any relation to the bill? I am thinking about how the current Tory Government is operating, because it is a whole set of different ministers.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Sarah Boyack

Lloyd, do you want to come in here? I have been hearing a lot of talk about water quality regulations not being enforced. The fact is that we take water and air quality for granted. Does the legislation put that quality at risk?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Sarah Boyack

Professor Reid, do you want to come in on that? It is unusual to have a bill in front of us with other bits of legislation being used to say that we should not worry about the bill because these other bits of legislation might help. We do not have the detail of those bits of legislation, either. Is that approach unprecedented?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Sarah Boyack

I thank the witnesses for all the written evidence that we have in front of us today. It has been really helpful, and I would just like to explore some of the issues raised in it.

Over the past couple of weeks, we have heard about the lack of clarity, the uncertainty and the complexity around the cliff edge for the legislation and its impact on producers and businesses. Everybody has mentioned the environment, but I wonder whether you can give us some examples in that respect. I know that David MacKenzie has talked about the impact on communities, but I would like to go to Isobel Mercer and the RSPB first for some examples; its submission talks about the habitats directive, air quality and water quality, while others have talked about chemicals. How will the bill impact on those areas and what legislation is potentially at risk?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Sarah Boyack

What will be the intended process for actually retaining law? We have talked about the scale of all this, but what does that actually mean? What is the process for saving a piece of legislation as currently construed by the bill?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Sarah Boyack

That was very helpful.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Sarah Boyack

We have heard that the Soil Association has concerns, too. David, can you say a bit more about the impact of losing some of the regulatory or legal environment on water quality and pesticides?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Sarah Boyack

I want to follow up on that point. RSPB Scotland made a point about uncertainty in its evidence, and about the fact that although ministers have given reassurances about the devolution settlement in various pieces of UK legislation, there is the chilling effect that you just talked about.

How can we have certainty? I will go to Isobel Mercer first. Reassurances have been given in the Levelling Up and Regeneration Bill and in the Environment Act 2021. However, if those are just words, what will be the legal impact, given the uncertainty and bodies not being prepared to push the envelope because they are worried about legal status?