Alexandra Sinclair Published: 18th May 2022 In recently published evidence to the European Scrutiny Committee, we set out why the process for amending retained EU law should not be reduced to a wholesale transfer of power from the legislature to the Executive. Read the full briefing We argue it would be constitutionally inappropriate for a Bill to give the Government a broad general power to amend all categories of retained EU law by Statutory Instrument. This type of power is unprecedented in the UK’s legal system and would constitute a significant – and concerning – transfer of legislative competence from Parliament to the Executive. As such, the following 5 points must be thoroughly considered to ensure any potential fast-track procedure to amend retained EU law is fair and lawful: Not all retained EU law suffers from a democratic deficit; Delegated legislation made under any proposed fast-track procedure should not be used to create policy; Different categories of retained EU law need different powers of amendment; Changes to retained EU law must be made in subject-matter specific Acts because any general power to amend retained EU law would be necessarily broad and would undermine parliamentary sovereignty; and Parliamentary scrutiny of delegated legislation alone cannot provide a sufficient check on overly broad delegated powers. Read the full briefing You might be interested in… Data law for public lawyers, public law for data lawyers Data law for public lawyers, public law for data lawyers