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Sunset abolished & kill list proposed

11 May 2023
Categories: Legal News , EU , Brexit
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The government is dropping the sunset clause from the controversial Retained EU Law (Revocation and Reform) Bill, business secretary Kemi Badenoch has confirmed.

In a written statement to Parliament this week that is likely to bring a sigh of relief to many lawyers, Badenoch stated: ‘As the Bill is currently drafted, almost all REUL [retained EU law] is automatically revoked at the end of 2023, unless a statutory instrument is passed to preserve it.

‘However, with the growing volume of REUL being identified, and the risks of legal uncertainty posed by sunsetting instruments made under EU law, it has become clear that the programme was becoming more about reducing legal risk by preserving EU laws than prioritising meaningful reform. That is why today I am proposing a new approach: one that will ensure ministers and officials can focus more on reforming REUL, and doing that faster.’

Badenoch went on to say the government is tabling an amendment for Lords report that will replace the current sunset clause with a list of the retained EU laws that it intends to revoke at the end of 2023.

Welcoming the announcement, Law Society president Lubna Shuja said: ‘The government’s decision to remove the sunset clause and replace it with a list of the retained EU laws that it intends should fall away at the end of 2023 is the right decision.

‘This should provide some certainty for businesses, lawyers and citizens alike. We await the list being published. It is essential there is sufficient time to review affected legislation and consider the repercussions in all areas of law.’

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