Ms Nusrat Ghani
MP for Sussex Weald · Conservative · United Kingdom
“Before we come to the urgent question, I must say how disappointing it is that the Government were not forthcoming with a proactive ministerial statement on this matter. The disruption to aviation and the impact on many constituents has been considerable.”
“The point of order and its content are not a matter for the Chair. I have not been notified of any Minister coming forward at this point, but I have only just come into the Chair. If the hon.”
“(3) Regulations under section 14Z45B must provide that, where an out-of-hospital service is to be provided to a patient, the integrated care board must— (a) offer the patient a choice of at least two providers capable of providing the service, which may include NHS bodies and independent sector providers approved to provide that service u…”
“(2) For the purposes of subsection (1), the relevant requirements are— (a) that the special educational provision set out in section F of an EHC plan meets the needs identified by an EHC needs assessment; (b) that ICBs can be required to provide such special educational provision; (c) that ICBs must provide such special educational provis…”
“(3) The Charter must— (a) set out the fundamental principles and responsibilities for assessing whether a data sharing partnership is in the interest of the public and the NHS; (b) include the primary goal of protecting people’s privacy and their data from exploitation, while promoting trust in data systems and the handling of health data…”
“(2) Arrangements under subsection (1) must, so far as reasonably practicable, provide for— (a) general practitioners, dentists, pharmacists and other relevant primary care professionals to work together as part of integrated local primary care teams; (b) the sharing of relevant patient information between those professionals through secur…”
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“As with the current scheme, the new one will be aimed at everyone on a non-domestic contract, including businesses, voluntary sector organisations and public sector organisations such as schools, hospitals and care homes. This will provide a discount on gas and electricity unit prices for energy bills during the 12-month period from April 2023 to March 2024, subject to a maximum discount. The relative discount will be applied if wholesale prices are above a certain price threshold. Also as with the current scheme, suppliers will automatically apply reductions to the bills of all eligible non-domestic customers.”
“In October 2022 we announced the introduction of the energy bills relief scheme for Great Britain and Northern Ireland, which provides a price reduction to ensure that all eligible businesses and other non-domestic customers are protected from excessively high energy bills over the winter. The relevant price reduction for each business is being automatically applied to its bills by its supplier on the basis of eligibility, but I will come to the case that my hon. Friend mentioned. As soon as that scheme was under way, we started a review of it to help to inform our next steps when it comes to an end on 31 March 2023. Last week we announced the successor to the energy bill relief scheme, which will be called—they love their titles—the energy bills discount scheme.”
“We know that there is a huge amount of potential in those transformative forms of energy, which will support the UK on its journey to energy independence and offer vital British industries such as the ceramics sector an opportunity to make the transition away from expensive oil and gas. These are technologies in which we are at the cutting edge globally, and we have set our ambitions high. We are aiming for up to 10 GW of low-carbon hydrogen production capacity by 2030, including four carbon capture, utilisation and storage clusters, and we are delighted that industry is doing the same. We support the British Ceramic Confederation’s ambition to use hydrogen technology, and we would be happy to discuss its plans further. In recognition of the increased pressure facing all businesses, the Government took bold action.”
“We have already made enormous progress: between 1990 and 2019 we grew our economy by 76% and cut our emissions by 44%, decarbonising faster than any other G7 country. However, there is a long way still to go, and given our present economic conditions it is more important than ever to accelerate the move away from fossil fuels and towards clean, affordable energy. We are clear about the fact that we must do all we can to ensure that we drive the green transition in a way that is resolutely pro-business and pro-growth, ensuring that no one is left behind on our journey to a low-carbon future, and as we do so we will consider carefully the recommendations of the Skidmore review, published last week. My hon. Friend talked about low-carbon hydrogen and carbon capture.”
“Friend spoke so passionately, they will also be crucial to the manufacture of everything from electric cars to wind turbines, and we will do all we can to support them. In my role as Minister for Industry, I have engaged with business and trade associations, and have witnessed at first hand their drive and passion to work with the Government to find a sustainable solution to those challenges that works for us all. We can all agree that the last few years have been exceptionally difficult for everyone, and energy-intensive industries were no exception. Looking forward, however, I am confident that we can deliver a better future, unlocking the opportunities that net zero offers to build resilient industries bringing growth and jobs to communities across the country and providing security, opportunity and prosperity in the years to come.”
“We know how valuable they are to local economies and communities, providing about 375,000 jobs directly, and millions more in the industries that they support through supply chains. That is particularly true of Stoke-on-Trent North, the birthplace of Wedgwood, some of whose china now sits proudly in my hon. Friend’s former Department, and whose strong connection with the ceramics sector continues to this day. My right hon. Friend the Prime Minister has set out our objective, which is to grow the economy with better-paid jobs and improved opportunities throughout the country. If we are to meet that objective, energy-intensive industries such as ceramics, glass and steel will be crucial. As we continue our transition to net zero, about which my hon.”
“I congratulate my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) on securing the debate. As usual, he made a sensible and well-rounded speech. He is always lobbying the Department very hard, and he continues to be a champion for UK ceramics manufacturers. I am grateful to him for describing the impacts on the sector so clearly, and I can confirm that we in the Government are indeed steadfast in our support for it. Following Putin’s barbaric invasion of Ukraine, we committed billions of pounds to help households and businesses keep the lights on this winter, and I can reassure Members that we want to keep the kilns firing as well. The Government recognise the significant contribution that energy-intensive industries make to this country.”
“Friend once again for his contribution to this debate and for working so closely with the Department on behalf of the ceramics sector. I look forward to our next meeting. Question put and agreed to.”
“We made it very clear when we wrote to Ofgem that we meet regularly with the British Ceramic Confederation and that we are incredibly concerned on behalf of the industry when savings are not passed on. I have a copy of the letter, but I do not have authorisation to share it with my hon. Friend the Member for Stoke-on-Trent North. Hopefully I will get authorisation soon so he can share the letter with the sector. I know that I am going over time, but it is incredibly important that we support the ceramics sector, which is important to so many jobs up and down the country. We do not want it to fail because of cheap Chinese imports. We know the sector faces challenges, and we will do everything we can to support it to rebuild and to unlock its potential for clean technologies that drive the green transition. I thank my hon.”
“With this in mind, we have already extended the EII compensation scheme for a further three years through to 2025 and doubled the budget for the scheme in the process. We are also actively considering other measures to support business, including increasing the renewables obligation to 100%. The carbon adjustment mechanism has been mentioned, and I want to make it clear that we are consulting on that. My hon. Friend raised the dreadful case of the £3 million bill where these savings were not passed on. I want to put on record that a letter has been sent to Ofgem by the Secretary of State, and that my hon. Friends the Members for Stoke-on-Trent North, for Stoke-on-Trent South (Jack Brereton) and for Newcastle-under-Lyme (Aaron Bell) are doing a fantastic job for the ceramics sector.”
“My hon. Friend makes a sensible intervention, and I must put on record that he has made a number of recommendations to the Department on behalf of the sector. This is a discussion that is taking place with the Minister responsible for small businesses, so I cannot make a commitment here, but I do not doubt that that will indeed be on the table in the meeting that will take place with my hon. Friend the Member for Stoke-on-Trent North. I do not have long and I want to respond to two further points that my hon. Friend made. We know that there is more to do. In the 2022 British energy security strategy, the Government recognised that UK industrial electricity prices were higher than those of other countries and said that they would act to address this.”
“Greater information sharing is crucial for bolstering our understanding of lending patterns, and this Government are committed to securing this transparency.”
“In Business & Proud” report from the Black Business Network and Lloyds Bank, 67% of black business people state that they have experienced some form of discrimination in their past entrepreneurial efforts, with only 40% trusting banks to have their best interests in mind. That has to change. The report’s recommendations rightly focus on improving the link between financial institutions, Government and the ethnic minority community as the best way forward. I will come back to some of the points raised to show how we are supporting ethnic minority entrepreneurs in accessing finance. The issue of data was raised. In addition to the difficulties in accessing finance, the ongoing lack of data collection continues to inhibit funding opportunities for ethnic minority business leaders.”
“Even more excitingly, these businesses are most likely to export, which puts them at the forefront of our efforts to harness global opportunities, which include our changing how we do business and diversifying our business models, especially now that we have left the EU. Let me respond to some of the questions raised, starting with those about opportunities to access finance. Despite the impact of ethnic minority businesses, there is evidence to suggest that there are still barriers preventing them from reaching their full potential. Access to finance is regularly raised as one of the most significant issues holding those businesses back; there are reports of ethnic minority entrepreneurs keeping reservations about accessing financial assistance from traditional lenders. As noted in the latest “Black. British.”
“Their impact reaches much further than across the business ecosystem. As was mentioned, these businesses are most likely to invest in innovation, which is critical in helping us to achieve our ambitions around research and development investment and making the UK a science superpower. With more innovation comes improvement in productivity, so building on the potential of these businesses will be crucial to improving our productivity record. What really matters to me is that these businesses operate in every region of the UK, including the most deprived parts. I doubt that East Ham is different from where I was brought up, Small Heath—an area often overlooked and underestimated. The efforts of black and Asian businesses are invaluable to ensuring that we level up across the country.”
“I am pleased to have an opportunity to shine a light on this community and what they do for the broader community. On all of the issues raised, there are no challenges from this side of the House, but let me focus on some of the barriers that were mentioned, and talk about what the Government are doing to support ethnic minority businesses and to encourage an inclusive entrepreneurship environment for all. As has been said, if we get this right, and fundamentally get finance right as well, we could make that environment incredibly dynamic, which would be a boost to all our local economies. The economic impact of ethnic minority entrepreneurs is far-reaching, with some estimating the contribution to the UK economy to be worth up to £25 billion. However, the crucial role of these businesses is much more than just economic.”
“Friend the Member for Thirsk and Malton (Kevin Hollinrake), who is responsible for enterprise, markets and small business, because I want to make sure that we take all the issues raised incredibly seriously. To continue with the Christmas spirit, we can certainly agree on the importance of ethnic minority entrepreneurs and their valuable contribution to our vibrant business landscape. I will not disagree with the right hon. Member on the challenges that have been mentioned. It is testament to the dynamism and resilience of ethnic minority entrepreneurs that they continue to adapt, and that they overcome so much, especially during covid. From small retail stalls to tech unicorns, the value of ethnic minority founders must not be understated.”
“It is a pleasure to serve under your chairmanship, Mr Hosie. First, I congratulate the right hon. Member for East Ham (Sir Stephen Timms) on securing the debate, and on raising this important issue. I do not want anyone to think I am consumed by Christmas spirit, but I very much respect him, as does everyone in the Department for Business, Energy and Industrial Strategy. We take every point that he raises very seriously. The right hon. Member talked about his constituents, the fact that the majority of them were not born in the UK, and the challenges they face. That is me and my community. I am delighted to speak on behalf of the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon.”
“Member for East Ham for raising this issue and, if I may be so bold, I wish you a happy Christmas, Mr Hosie. Question put and agreed to.”
“I conclude by reiterating the importance and the wealth of ethnic minority talent across the UK, which we are committed to nurturing and celebrating. On the one point that the right hon. Gentleman raised that I could not respond to, I will ensure that he is written to by the appropriate Minister with a formal response. I reiterate that we want to work closely with parliamentarians across the House, and with business and financial institutions to ensure that access is equitable. We want to improve our understanding of the issues faced, and to identify practical solutions that we can offer. I remind all colleagues from across the House that we are committed to bolstering the potential of ethnic minority entrepreneurs who, in turn, will help the UK economy to thrive. I thank the right hon.”
“The right hon. Member for East Ham raised the Government’s update on the ethnicity pay gap data. As the Government have set out, ethnicity pay gap reporting continues to be voluntary. We will not be legislating for mandatory ethnicity pay reporting at this stage, but good firms, obviously, will want to make sure that their data is on record. Again, I thank the right hon. Member for East Ham for introducing this important debate. Separately, I congratulate him, in his role as Chair of the Work and Pensions Committee, on today’s publication of the “Universal Credit and childcare costs” report. Affordable, accessible childcare is key to enabling parents to work and to increase their working hours; that is linked to today’s debate on entrepreneurial activity.”
“The latest figures show that the number of FTSE 100 companies with an ethnic minority director on their board has increased to 89, with 42 companies having exceeded the target. The progress made so far is encouraging, but I argue that we have much further to go. We look forward to those figures increasing further, to reflect the real diversity of talent in the UK. A question was raised by the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) on dealing with disability and other issues—I would expect that question from her, as she is the chair of the APPG for disability. Of course, that is another issue that we need to explore. The Father of the House talked about unkinking the pipeline of black talent, and I do not doubt that the Department will now be looking very closely at the report that he mentioned.”
“The Department is dedicated to continued engagement with ethnic minority entrepreneurs through valuable events, including those hosted by the APPG, as well as through the ethnic minority business group, a forum that convenes bimonthly to discuss priority issues affecting entrepreneurs from diverse backgrounds to see how we can work together to find practical solutions. Ethnic minority leaders want to see themselves represented in the business landscape. That could be through their mentors, or through wider representation in senior leadership positions. The value of visibility and its longer-term impact on entrepreneurs cannot be overstated. Through the Parker review, we acknowledged that building a fairer economy means ensuring that the UK’s organisations reflect the nation’s diversity.”
“The Procurement Bill includes a new duty on contracting authorities to have regard to the barriers facing small and medium-sized enterprises. Among other things, they must consider whether there is a diverse representation of businesses in the pre-market engagements. We are always looking to engage with ethnic minority business leaders and networks to better understand the issues facing them. There was a recent opportunity to do so: the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Thirsk and Malton, was asked to speak at the third anniversary reception for the all-party parliamentary group for black, Asian and minority ethnic business owners.”
“More than half—61.6%, to the value of £683.5 million—of the convertible loan agreements approved have been for companies with management teams consisting solely of ethnic minority team members and those with both ethnic minority and white team members. This is promising progress, but, of course, there is no denying that we have much further to go. As previously mentioned, we are also delivering actions 55 and 56, set out in the inclusive written report, which aim to support and encourage those from less-advantaged backgrounds to thrive—this is where I am thinking of those from my community of Small Heath and the community represented by the right hon. Member for East Ham. Through these specific actions, we will support ethnic minority entrepreneurs in accessing finance more effectively and becoming more productive.”
“While we should celebrate the success and impressive contributions of these businesses, we must acknowledge our role in helping to tackle the remaining barriers to growth and prosperity, which were mentioned. Off the back of the British Business Bank’s “Alone together” report, which emphasises the difficulties faced by ethnic minority entrepreneurs in accessing funding, we are working with stakeholders to understand what further interventions we can take. Since its launch in 2012, the Government-backed start-up loans programme has issued around 20% of its loans to black, Asian and ethnic minority businesses. The future fund has also approved 1,190 convertible loans, totalling more than £1.1 billion.”
“One way that we are trying to help is by improving the communication flow between Government and the ethnic minority business community, engaging with businesses and the organisations that represent them directly to understand their specific needs. In terms of business support, black, Asian and ethnic minority business leaders value mentors more than any other ethnic group; they are more likely to want a mentor and more likely to value the impact of having one. It is reassuring to see organisations such as Be the Business championing the role of mentoring. Furthermore, our Help to Grow Management programme, with its delegated mentorship component, offers businesses a subsidised training course designed to improve leadership and management skills and address firm-level productivity challenges.”
“That is a very important point. As I am not the Minister responsible for that portfolio, I do not have an exact answer. Let me get through this speech; if the right hon. Gentleman is not satisfied, I will ensure that he is written to with that information. Turning back to action 55, the Department for Business, Energy and Industrial Strategy is working with the Investing in Women code signatories and with trade associations to pilot data collection on the ethnicity of entrepreneurs applying for finance. Trust in institutions is low in many ethnic minority communities, who often struggle to get the experience or even the exposure required, or the support that they need to run a business effectively.”
“He said that 63% of land is used by farmers, so it will be incredibly important to ensure that the new process puts in place arbitration, compensation and communication. I assure my right hon. Friend the Member for North Somerset that we agree that he is right. We need to make sure that we have appropriate processes for compensation, and that any compulsion agreements are in line with the laws that are already established and in place. We want to make sure that the process is clear, affordable and fair. I recommit that the Government are prepared and will work with him to develop the best solution to the issue. We look forward to working with him in Committee and I hope that he is pleased with the outcome of the debate.”
“As she is an expert on these issues, I am nervous to touch on what she already knows, but we will work with colleagues to understand their issues with regard to water infrastructure, and we encourage discussions on this matter. I will ensure that meetings take place with my right hon. Friend the Secretary of State, so that she can continue to represent her constituents on that issue. My hon. Friend the Member for North Herefordshire, who is a farmer not just a landowner, talked about compensation and access rights. Of course, he raised the grassroots perspective; we are all here to represent our constituents—the David against the Goliath—when we are dealing with big energy and infrastructure companies.”
“Friend the Member for Newcastle-under-Lyme talked about the luck it takes to win the ballot. I am not sure what is involved there, but he raised an important point about infrastructure, distribution, network cabling and compensation. We hope that, by taking the Bill forward, those issues can be addressed. My hon. Friend the Member for Bury North talked about the mechanisms to allow constituents to access compensation. We have discussed how important it is to make people aware of where this compensation is available. He also mentioned 5G. That sits with the Department for Digital, Culture, Media and Sport, but he will no doubt get a response on that. My hon. Friend the Member for North Devon talked about stored carbon in peat and seabed.”
“In addition, different situations will suit different types of dispute resolution—for example, mediation, evaluation or arbitration. Prescribing a one-size-fits-all approach would likely increase costs and timescales for certain types of dispute. In summary, I hope Members will agree that alternative dispute resolution should be encouraged. The Government are prepared to work with my right hon. Friend to develop the best solution to this issue, and we look forward to working with him in Committee. As I have a few minutes, I will try to address some of the points raised by Members. My hon. Friend the Member for Darlington raised the issue of land rights, the rights of landowners and how legal costs can constrain constituents in bringing their cases forward. Hopefully, through this private Member’s Bill, we can try to resolve that. My hon.”
“The evidence suggests that the issue here is about both raising awareness of existing alternative dispute resolution and increasing its use where relevant. We wish to see a clear, cheap, quick and enforceable solution, in line with what I understand to be my right hon. Friend’s objectives. We agree that there should be a quicker, affordable alternative to the upper tribunal readily available for landowners, and I thank my right hon. Friend for raising these issues for us to consider. As alternative dispute resolution mechanisms are already in use, we want to ensure that any legislative approach avoids prescribing a specific mechanism that duplicates existing options, creating unnecessary bureaucracy and costs for bill payers or taxpayers.”
“Indeed, failure by a party to pursue alternative dispute resolution without good reason can have cost implications in tribunal proceedings—for example, limiting the ability of a party to recover costs or potentially leading to an adverse cost order being made against the refusing party. The Department for Business, Energy and Industrial Strategy published a call for evidence earlier this year seeking views on whether the current land rights and consenting processes for electricity network infrastructure are fit to accommodate the rapid, transformative change that will be required in the coming decades. Our call for evidence closed on 15 September, and increasing the use of alternative dispute resolution was mentioned by many respondents.”
“An unprecedented expansion of our electricity network is required, but the Government agree that this new network infrastructure must be built in a way that protects the rights of landowners and communities. If landowners are not happy with their settlements, there must be an avenue for redress. I agree that the upper tribunal can be expensive for claimants who lose a case. While the vast majority of cases between the network operator and the landowner end in amicable agreement, disputes do arise. That is where the alternative dispute resolution that already exists and is in use can play a valuable role. It can provide a quicker, cheaper, more flexible route of resolving a dispute. The upper tribunal encourages the use of alternative dispute resolution before a case is referred to it.”
“Friend the Member for North Somerset mentioned the meetings he has had with the energy Minister, which I believe have been incredibly productive, and they will continue. He is right that we must bring people with us as we ramp up delivery of this critical infrastructure. He raised the important issue of determining claims for compensation in cases where land has been subject to the acquisition of rights or land either through compulsion or by agreement for the purposes of building electricity and gas transmission network infrastructure. I have highlighted the importance of network infrastructure for our climate and energy security ambitions. However, we recognise the concerns raised by my right hon. Friend.”
“Building new network infrastructure reduces these constraints and, therefore, the cost of managing them by enabling electricity to move more efficiently from where it is generated to areas of high demand. However, it currently takes between 11 and 13 years to build or reinforce new onshore transmission network infrastructure, from initial planning to final completion and commissioning. Consequently, the system operator estimates that constraint costs funding via consumer bills could increase by £1 billion per year in 2022 to £4 billion per year in 2030. That explains why the electricity network is such a critical enabler of our net zero, affordability and energy security objectives and why the Government aim to dramatically accelerate these build timelines. My right hon.”
“To give colleagues an idea of the scale of the challenge we face in this country, the onshore electricity network had more than 20,000 km of high-voltage transmission cables and approximately 800,000 km of low-voltage distribution lines in 2021, which is enough to stretch around the world 20 times. By 2050, we will need between 1 million and 1.5 million km of distribution network cabling. As more renewable generation joins the network, its physical capacity to transport electricity can be exceeded if new network infrastructure is not ready in time. National Grid, the electricity system operator, has to monitor and sometimes curtail generation to ensure it does not overload the network.”
“Friend the Member for Hemel Hempstead (Sir Mike Penning), for their thoughtful contributions. If I have time, I will go through each of their questions. The Government have a clear long-term plan to accelerate our transition away from expensive fossil fuels and to meet our net zero targets. The electricity network is fundamental to this transition, and it needs to be transformed at an unprecedented scale and pace to allow the system to accommodate new renewable and low-carbon generation. The network also needs to accommodate an expected doubling in overall electricity demand by 2050, as we electrify sectors including transport, heat and industry. My right hon. Friend the Member for North Somerset identifies a clear problem that needs to be addressed.”
“I thank my right hon. Friend the Member for North Somerset (Dr Fox) for raising awareness of this important issue and for his serious, measured and thoughtful contribution, as have been so many contributions from both sides of the House. He is, indeed, a private Member’s Bill specialist and, in my experience, it is best not to go against what he wants to achieve with his Bills. Hopefully I can satisfy him today. I thank my hon. Friends the Members for Broadland (Jerome Mayhew), for North Herefordshire (Sir Bill Wiggin), for Meon Valley (Mrs Drummond), for North Devon (Selaine Saxby), for Newcastle-under-Lyme (Aaron Bell), for Darlington (Peter Gibson), for Southend West (Anna Firth), for Bury North (James Daly) and for South West Hertfordshire (Mr Mohindra), and my right hon.”
“I congratulate my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) on promoting the Bill. Briefly, may I confirm that the present Minister will work closely with her, as the previous Minister, my hon. Friend the Member for Watford (Dean Russell), did? I also congratulate my hon. Friend the Member for Cities of London and Westminster on the fertility workplace pledge, which I think she is just about to come to.”
“It is a pleasure to serve under your chairmanship once again, Sir George. The clause is a vital part of the Government’s retained EU law reform programme and will make sure that EU rights, obligations and remedies saved by section 4 of the European Union (Withdrawal) Act 2018 cease to apply in the UK after 31 December 2023.”
“All of that will provide additional clarity, making rights clearly accessible in UK law. That is why I recommend that the clause stand part of the Bill. Question put and agreed to. Clause 3 accordingly ordered to stand part of the Bill. Clause 4 Abolition of supremacy of EU law Question proposed, That the clause stand part of the Bill.”
“Section 4 of the EU withdrawal Act incorporated the effect and interpretation of certain rights that previously had effect in the UK legal system through section 2(1) of the European Communities Act 1972. Section 4 rights largely overlap with rights that are already available in UK domestic law, and it is domestic legislation where they should be clearly expressed. This Bill seeks to rectify that constitutional anomaly by repealing section 4 of the 2018 Act. That does not mean the blanket removal of individual rights; rather, combined with other measures in the Bill, it will result in the codification of rights in specific policy. Ministers in each Department, which will be responsible for their own elements of the Bill, will work with the appropriate bodies to ensure that they share what they will be assimilating, repealing and updating.”
“It is curious that Opposition Members say they do not want to prevent Brexit or accept the supremacy of EU law, but then they come up with every which way to stop these things actually being delivered. The matters saved by section 4 of the EU withdrawal Act consist largely of rights, obligations and remedies developed in the case law of the Court of Justice of the European Union. Many of those overlap with rights already well established by domestic law, and those overlaps can cause confusion. The Bill allows the Government to codify any specific rights that may otherwise cease to apply if they consider it a requirement. A question was raised about whether we are ending section 4 rights; that is not the case.”
“Upon finding that pre-2021 domestic law is incompatible with retained EU law, courts may place conditions in the incompatibility order to mitigate the effect of that finding.”
“The risk will be mitigated in areas where Departments use the Bill’s powers to maintain the effect of our current law, if necessary, for desired policy outcomes. In other cases, proactive management of the removal of retained EU law will allow a controlled and positive introduction of a new legal regime that seeks to mitigate any risks posed by increases in litigation. For instance, the Bill contains powers allowing the Government to retain the current legislative hierarchy between specified pieces of legislation. The effects of repealing supremacy will only be considered relevant to matters arising after the enactment of policy. The change is not retrospective, and cases that have already been concluded will not reopen.”
“The rulebook contains provisions to enable the UK Government and the devolved Administrations to safeguard the rights and protections of citizens of the United Kingdom. The Bill includes a restatement power so that Departments can codify rights into domestic legislation. On Tuesday, we spoke at length about scrutiny, the sifting process and the role that Parliament will play, so I am not sure what further response I can make today. That programme has been made clear. The Government recognise Parliament’s significant role in scrutinising statutory instruments to date and are committed to ensure appropriate scrutiny of any secondary legislation made under the Bill’s delegated powers. Changes in the law can give rise to litigation—that is normal—but we would never change the law if people wanted no change whatsoever.”
“The clause establishes a new priority rule, which ensures domestic legislation prevails over retained direct EU legislation where there is a conflict. Thanks to the clause, an Act of Parliament will once again be the foremost law in the land. Clause 5 ensures general principles of EU law will no longer be part of the UK statute book from the end of 2023. Clause 6 establishes that after the end of 2023 all retained EU law preserved from the sunset provisions will be known as “assimilated law”. In response to some of the questions raised, I put on the record once again that the rulebook does not seek to remove rights. In most instances, those rights already operate and are available in domestic legislation.”
“With regard to the delegated powers in the Bill, the Government are committed to ensuring robust scrutiny for the secondary legislation made under these powers while ensuring the most effective use of Parliamentary time; I believe, Chairman, that we spent many hours discussing this issue just on Tuesday. This means that legislation made using the delegated powers in the Bill will be subject to either the negative or draft affirmative procedure, depending on the legislation that is being amended and the power used. A sifting procedure will also apply to regulations to be made under the power to restate, which affords additional scrutiny of the use of power. Clause 4 ends the principle of supremacy of retained EU law in so far as it applies to pre-2021 legislation.”