The Retained EU Law Bill (“REUL Bill”) was significantly amended during Report Stage in the House of Lords, which concluded on 17 May. Changes introduced by the UK Government reflect “a new approach” announced on the 10 May.

This article looks at key changes between Report Stage and Third Reading on 22 May.

The amendments bring changes to the timeline, including for the Senedd, meaning 2023 will remain a key year for REUL.

The new basics

The automatic sunset that would’ve removed the majority of REUL on 31 December is no more. It’s been replaced by a new Schedule listing REUL to be revoked by 31 December 2023. EU-derived rights will still end on this date, too.

UK and devolved Ministers can exempt REUL from the Schedule before 31 October 2023, thereby saving it. In devolved areas, this can be done by:

• Welsh Ministers laying regulations in the Senedd; or
• UK Ministers laying regulations in the UK Parliament, bypassing the Welsh Government and the Senedd.

So all eyes are on the Schedule?

Yes and no.

Yes because the Schedule is important, and no because parts of the Bill, like its broad Ministerial powers, remain unchanged. Its concurrent powers are a particular concern of the Welsh Government and the Legislation, Justice and Constitution (LJC) Committee.

The Schedule lists around 600 pieces of REUL, including in devolved areas like air quality.

The House of Commons’ European Scrutiny Committee has questioned whether removing the REUL listed in the Schedule will deliver the...

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