My Lords, I add my thanks to my noble friend for bringing this statutory instrument before us today. I associate myself entirely with the comments of the noble and learned Lord, Lord Hope of Craighead, particularly on Part 3. I am minded to ask whether adopting this is not really the preserve of the Scottish Parliament. I remember only too well the long hours we spent discussing Section 8 and I hope that that is not something that will be repeated in later statutory instruments when it should be the preserve of the devolved Parliaments. The noble and learned Lord entirely concentrated his comments on the fact that the Northern Ireland Assembly is not sitting, and I wonder whether that is an issue which it is appropriate to bring before the Committee.
Page 1 of the Explanatory Memorandum refers to “non-ambulatory references”, a rather curious expression repeated by the Minister which I do not recall from the Act itself. They are references which are not automatically updated. The memorandum goes on to state in paragraph 2.5:
“These repeals and revocations are needed to remove redundant provisions of domestic legislation”.
This was identified when it was discussed in the equivalent Committee in the other place by our honourable friend Chris Heaton-Harris, the Parliamentary Under-Secretary of State who responded to questions raised by Matthew Pennycook from the Opposition Benches. The second question asked why no references are in fact made to non-ambulatory references in the European Union (Withdrawal) Act itself or indeed in the debate. What my honourable friend Chris Heaton-Harris, as the Parliamentary Under-Secretary of State, said in reply was quite astounding. I should like to quote him:
“I honestly do not know what my Department might have been thinking at that time. However, I believe that we have tried to go through this process in the best possible way, so I guess we are heading towards the second of the hon. Gentleman’s suggested answers to his own question, rather than the first. We have gone through a quite legitimate tidying-up exercise”. ”—[Official Report, Commons, Delegated Legislation Committee, 21/2/19; col. 6.]
The question to my noble friend the Minister is: was “non-ambulatory references” omitted from the debate by accident or by design? Can he assure the House that this will not recur, that we might not expect any other omissions in the short time available before Brexit day?