Retained EU Law: Acts of the Scottish Parliament

Martin Docherty-Hughes (West Dunbartonshire) (SNP)
10. Whether he has had recent discussions with the Scottish Government on the potential effect of provisions in the Retained EU Law (Revocation and Reform) Bill on EU law incorporated in Acts of the Scottish Parliament.

Kirsten Oswald (East Renfrewshire) (SNP)
16. Whether he has had recent discussions with the Scottish Government on the potential effect of provisions in the Retained EU Law (Revocation and Reform) Bill on EU law incorporated in Acts of the Scottish Parliament.

The Parliamentary Under-Secretary of State for Justice (Mike Freer)
The Ministry of Justice has been working closely with the Scottish Government and other devolved Administrations to consider the implications of the Retained EU Law (Revocation and Reform) Bill for retained EU law in justice policy areas across the UK. My officials have regular discussions with their devolved Administration counterparts to ensure that proposals to revoke or reform retained EU law are carefully considered to avoid any unintended divergence across the UK.

Martin Docherty-Hughes
I wonder whether the Minister agrees with Unison the trade union, which has warned that

“encroaching upon devolved areas, to actively make lives worse for working people will damage the democratic legitimacy of the Westminster Parliament in the eyes of people in devolved nations.”

Mike Freer
With regard to this specific Bill, given the announcement last week, I do not believe that there is any infringement on the Scottish competency.

Kirsten Oswald
The Bill restricts Scotland’s Lord Advocate’s reference and intervention powers to devolved Scottish legislation. However, there is no corresponding restriction on English law officers to limit them to reserved matters. Does the Minister feel it is right that English law officers would be able to refer Scottish legislation to the courts in that manner, or does he agree with the Law Society of Scotland that that should be left to Scottish law officers?

Mike Freer
I will have to look carefully at the references that the hon. Lady has made, but, as far as I am aware, the items of retained EU law in the Ministry of Justice’s remit that are intended to be revoked under the new schedule are all spent measures, and there will be no impact on Scotland.