In January 2022, the Government announced plans to bring forward a Bill to create a more innovative regulatory regime that would not have been possible were the UK still a member of the European Union. The Bill will abolish this special status and will enable the Government, via Parliament, to more easily amend, repeal and replace retained EU Law. The Bill will also include a sunset date by which all remaining retained EU Law will either be repealed or assimilated into UK domestic law.
The process of cataloguing retained EU law across government has been ongoing, and a dashboard was published on 22 June 2022, as part of the cross-Whitehall substance review of retained EU law. The dashboard presents an authoritative catalogue of retained EU law, not a comprehensive list of retained EU law. The Government will continue to work across government departments to develop this catalogue where EU-derived legislation remains on our statute book and the data will be updated on a quarterly basis. Allowing outdated retained EU laws to languish on our statute book where they do not work in the best interests of the UK would be irresponsible.
Amendment proposed by Stella Creasy and David Davis – this was not passed at the Second Reading Stage of the Bill. The process of cataloguing retained EU law across government has been ongoing, and a dashboard was published on 22 June 2022, as part of the cross-Whitehall substance review of retained EU law. The dashboard presents an authoritative catalogue of retained EU law, not a comprehensive list of retained EU law. The Government will continue to work across government departments to develop this catalogue where EU-derived legislation remains on our statute book and the data will be updated on a quarterly basis. This amendment, however, would have created the preservation of a default position and therefore removing the key impetus for reform. Allowing outdated retained EU laws to languish on our statute book where they do not work in the best interests of the UK would be irresponsible. The sunset provision was drafted to incentivise government departments to review their respective retained EU legislation and actively make a decision on whether to preserve something.
Workers’ rights - as a former employment barrister I have a strong commitment to maintaining workers’ rights in the UK and I have spoken about this on many occasions in the House of Commons. The Government is committed to maintaining and enhancing workers’ rights following the UK’s departure from the EU. The Working Time Directive has been transposed into UK law through the Working Time Regulations 1998, and under the EU (Withdrawal) Act 2018 these and other Regulations have been retained. The regulations provide that, subject to certain exceptions where the nature of the work makes it impractical, employees cannot work more than 48 hours a week averaged, normally, over a period of 17 weeks. It is possible for employees to opt out of this provision voluntarily and in writing, either indefinitely or for a specified period. Employers can request that an employee opts out but cannot terminate their employment or treat them unfairly if they decline.
Ultimately, the UK has one of the best records on workers’ rights, going further than the EU in many areas. By further protecting workers, supporting business to comply with the law, and preventing them from being undercut by a minority of irresponsible employers, the UK can continue to have a high-wage, high-employment economy that works for everyone as we recover from the pandemic. I have also been given specific assurances that employment and maternity laws will not be weakened.
Health and safety - the Health and Safety at Work etc. Act 1974 has led to the UK having one of the best records on health and safety in the world, and I am confident that this record will continue. The Health and Safety Executive (HSE) remains focused on ensuring that regulatory frameworks maintain the UK's high standards of health and safety protection and continue to reduce burdens for business.
Animal welfare - I would like to assure you that the Government is committed to upholding our world-leading animal welfare standards and to delivering a series of ambitious reforms, as outlined in the Action Plan for Animal Welfare. More information about the Government’s commitment to upholding only the highest standards can be found at:
Environment - the Bill will not weaken environmental protections. Indeed, the Government has acted to significantly increase environmental protection. In 2021, the Government passed a new Environment Act which sets in law a series of environmental targets, enforced by a new Office for Environmental Protection. This landmark Act will clean up the country’s air, restore natural habitats, increase biodiversity, reduce waste and make better use of our resources.
I appreciate that there are a number of concerns about the Bill but would like to reiterate that the impact of the Bill is being given, and will continue to be given, proper scrutiny by Parliament. It has passed through both Committee and Second Reading stage in the House of Commons, which involved line-by-line scrutiny of the Bill and its implications. It will now go to the House of Lords for further stages.
(February 2023)
