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 online ticket Data law for public lawyers, public law for data lawyers