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10 March 2023 / Michael Zander KC
Issue: 8016 / Categories: Features , Procedure & practice , EU , Brexit
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Taking back control over retained EU law (Pt 3)

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The Retained EU Law (Revocation and Reform) Bill: the criticisms mount. Michael Zander KC examines the scathing reports of two parliamentary committees
  • The reports of the Delegated Powers and Regulatory Reform Committee and the Secondary Legislation Scrutiny Committee in February were both withering in their indictments of the Retained EU Law (Revocation and Reform) Bill.

The storm of fierce criticism aimed at the Retained EU Law (Revocation and Reform) Bill has been swelled by reports from two House of Lords Select Committees: the Delegated Powers and Regulatory Reform Committee (25th Report) and the Secondary Legislation Scrutiny Committee (28th Report) both published on 2 February.

Delegated Powers Committee

The government’s delegated powers memorandum said that the main purpose of the Bill was to remove the precedence given to EU law and to firmly re-establish Parliament as the principal source of law in the UK. The second purpose, the committee says, had not been achieved. ‘[T]he Bill gives Ministers extraordinary powers exercised by statutory instrument to dispose of, retain or rewrite retained EU law (REUL)—including

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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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