The Law Society of England and Wales has issued damning criticism of the contents of the Retained EU Law (Revocation and Reform) Bill currently going through parliament.
Proposals within the Bill include the “sunset clause”, creating a deadline – which Chancery Lane says is “arbitrary and unrealistic” – of the end of 2023 for ministers to scrutinise and review EU law. Should ministers not choose to retain a law, it will expire by default.
Another key provision is to allow more UK courts to depart from retained EU case law – something only the Supreme Court can currently do.
“Giving more courts the ability to deviate from EU law would be a major shift in the administration of justice,” said President of the Law Society Lubna Shuja.
Explaining her concerns, she said it could lead to different UK courts coming to different, conflicting decisions. Shuja concluded:
“The Law Society believes the power to depart from retained case law should not be extended beyond the Supreme Court.
The legal test the Supreme Court uses to depart from its own rulings is necessarily high, uncodified and flexible. It reinforces legal clarity and certainty.
This clarity, coupled with the quality of the judges who apply the case law, has been seen as a strength when making arguments on the UK as the jurisdiction of choice.”
