Constituents have contacted me regarding the Retained EU Law (Revocation and Reform) Bill which is currently progressing through Parliament.
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 amend more easily, repeal and replace retained EU Law.
A variety of different aspects of the Bill have been raised with me, so I thought it would be helpful to set each of these out.
‘Sunset’ Provision
As the Bill is currently drafted, almost all REUL is automatically revoked at the end of 2023, unless a statutory instrument is passed to preserve it. This is known as a ‘sunset’ provision. The Government has tabled an amendment for Lords Report, which will replace the current sunset in the Bill with a list of all of the EU laws that it intends to revoke under the Bill at the end of 2023. The remainder will continue in force without the need to pass extra legislation. By making it clear which regulations will be removed from our statute book, businesses and all those affected by these laws will have certainty. The Government will retain the vitally important powers in the Bill that allow it to continue to amend REUL, so more complex regulation can still be revoked or reformed after further assessment and consultation.
Already, over 1,000 laws have been revoked or reformed since Britain's exit from the EU. This Bill would revoke around 600 more and other legislation will revoke a further 500. The Bill now provides certainty for business by making it clear which regulations will be removed from the statue book, instead of highlighting only the REUL that would be saved. Crucially, the powers included in the Bill that allow us to continue changing REUL have been retained. As such, more complex regulation can still be revoked or reformed after proper assessment and consultation.
Workers’ rights
I have been assured that 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, and I am determined to build on this progress. 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 build back better from the pandemic.
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.
Environmental protections
I am assured by my ministerial colleagues that 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.
It is my understanding that the Government does not intend to revoke the Water Framework Directive. The Department for Environment, Food and Rural Affairs has been assessing its retained EU law stock to determine what should be preserved as part of domestic law, and what should be repealed, or amended. This work will determine how powers in the Retained EU Law (Revocation and Reform) Bill will be used.
Animal testing
I understand that the Government has said that there has been no change to, and there is no plan to change, any of the legislation related to regulatory testing using animals in the UK. This includes and is not limited to, the Cosmetic Products Enforcement Act (2013), UK REACH (Registration, Evaluation, Authorisation and Registration of Chemicals), and the Animals (Scientific Procedures) Act. I am assured that animal testing may be legally performed, as a last resort, where no alternatives exist, where information is required under UK REACH to protect human or animal health and/ or the environment. This could include ingredients for which, at the time of testing, the sole anticipated use is in cosmetic products.
I would like to assure you further 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 https://www.gov.uk/government/publications/action-plan-for-animal-welfare/action-plan-for-animal-welfare
Intellectual Property Office
As you may be aware, this Bill will have an impact across all intellectual property rights, including protection and enforcement of trade marks, designs, copyright, patents, Supplementary Protection Certificates (SPC) and trade secrets.
The Government must decide whether retained EU law, in scope of the sunset provision should be allowed to lapse, or whether to retain, replace or reform it. I know that Ministers want to consider options for reform, which are beneficial to innovation and growth.
The UK is recognised as having one of the best IP systems in the world, with our strong Intellectual Property Office rights underpinning many science, innovation, and business success stories. The UK system is aligned internationally on many aspects of IP, which supports international trade.
While I am unaware of plans to change the hiring regulations for the Intellectual Property Office, I will pass on your concerns to my colleagues in the Department for Business and Trade.