The Law Society has suggested that the Retained EU Law (Revocation and Reform) Bill could damage legal certainty in the UK, noting that the sunset clause in the Bill would see various laws expire on 31 December 2023 unless ministers choose to retain them.
The society highlights the potential impact on employment law rights and protections, many of which are derived from EU law, but also the implications for tax and customs law, where significant divergence from the EU could make trade more difficult for UK businesses, potentially having a ‘chilling effect’ on investment decisions.
The society urges the UK government to provide certainty for business and the wider general public beyond 2023 by removing the ‘arbitrary and unrealistic’ deadline in the sunset clause, noting it allows insufficient time to properly review the thousands of pieces of law which otherwise will expire.
Law Society president, Lubna Shuja, said: ‘The Retained EU Law Bill would allow ministers to overhaul laws in the UK without appropriate parliamentary scrutiny or public oversight. This raises uncomfortable questions for parliamentary sovereignty, legal certainty, and the rule of law.’
The Law Society also considers that the power for courts to depart from retained EU case law should be restricted to the Supreme Court, to reinforce legal clarity and certainty.
The Law Society has suggested that the Retained EU Law (Revocation and Reform) Bill could damage legal certainty in the UK, noting that the sunset clause in the Bill would see various laws expire on 31 December 2023 unless ministers choose to retain them.
The society highlights the potential impact on employment law rights and protections, many of which are derived from EU law, but also the implications for tax and customs law, where significant divergence from the EU could make trade more difficult for UK businesses, potentially having a ‘chilling effect’ on investment decisions.
The society urges the UK government to provide certainty for business and the wider general public beyond 2023 by removing the ‘arbitrary and unrealistic’ deadline in the sunset clause, noting it allows insufficient time to properly review the thousands of pieces of law which otherwise will expire.
Law Society president, Lubna Shuja, said: ‘The Retained EU Law Bill would allow ministers to overhaul laws in the UK without appropriate parliamentary scrutiny or public oversight. This raises uncomfortable questions for parliamentary sovereignty, legal certainty, and the rule of law.’
The Law Society also considers that the power for courts to depart from retained EU case law should be restricted to the Supreme Court, to reinforce legal clarity and certainty.
