The Government have published the details of the Retained EU law (Revocation and Reform) Bill which will be debated in Parliament. The aim is to get rid of the special status of these legal instruments. Many organisations from Government departments, NGO’s, charities and business have highlighted real concerns over this move.
When Brexit took place all the EU derived legislation was preserved in the UK legal framework by the European Union (withdrawal) Act 2018 and became retained EU law. These pieces of legislation were adopted in the UK in December 2021 and have been reviewed over the last year by the government.
The new bill will aim to revoke or ‘sunset’ EU derived subordinate legislation and retained direct EU legislation by the end of 2023. The Bill also provides some leeway for extension until 2026. Any pieces of legislation that continue to be in force after this time will become ‘assimilated’.
Just when businesses had got used to the initial upheaval as a result of Brexit this new reform is set to have wide ranging and significant consequences for business. The areas that could be affected cover Environmental legal requirements such as waste, water, pollution prevention, wildlife as well as other areas of legislation such as H&S, working time, food safety, timber and many others.
The result of these changes could be costly for businesses to adjust their working practices to as has been seen with the REACH regulations which controls Chemicals. Some may choose to continue to work to these requirements because it is responsible business practice and has become so ingrained in ways of working. Others may see this as a welcome reduction in the burden of regulatory requirements.
The scrapping of these controls however could potentially have a significant and damaging effect on the environment which needs our protection.
Melissa Mooney 6th October 2022
