Additional 1,400 laws to be scrapped under Brexit bill
Government researchers have found a further 1,400 laws that could be “wiped off” the statute books next year by Brexit legislation, in addition to 2,400 laws ranging from environmental protections to workers’ rights and passenger compensation rules already identified by the former Brexit opportunities and business secretary, Jacob Rees-Mogg.
The discovery adds further detail to an admission that a government dashboard listing the laws was “not comprehensive”.
The discovery was made in response to a series of questions from the Labour MP Stella Creasy, who asked about the civil service’s capacity to advise ministers on what laws should be retained, amended or ditched in the retained EU law (revocation and reform) bill.
She was told that the equivalent of only three full-time officials were working on the estimated 137 laws in the Department of Health and Social Care, while 77 full-time staff at the Department for Business, Energy and Industrial Strategy (BEIS) are working on the bill.
According to the Financial Times, it has emerged that 1,400 pieces of EU law had been found by researchers at the National Archives.
A spokesperson for BEIS said:
“The process of identifying and recording EU-derived legislation is an ongoing process and an essential exercise in accelerating regulatory reform and reclaiming the UK statute book. The government’s record of legislation will be refined over time, as more retained EU legislation is repealed, replaced, or identified.”
Legal experts, including the former Brexit department lawyer Eleonor Duhs, have criticised the bill as “undemocratic” for the unprecedented powers it gives ministers to decide what laws to save or discard.
If the proposed laws are enacted, all EU law unless otherwise amended will be wiped out on 31 December 2023 under a sunset clause, without consultation with the public or parliament unless they have been actively saved by a minister.
The Government’s Retained EU law dashboard says:
“Now that we have taken back control of our statute book, we will work to update it by amending, repealing or replacing REUL that is no longer fit for the UK. This will allow us to create a new pro-growth, high standards regulatory framework that gives businesses the confidence to innovate, invest and create jobs, transforming the UK into the best regulated economy in the world. In terms of next steps, we will bring forward the Brexit Freedoms Bill, as announced in the Queen’s Speech, to make it easier to amend, repeal or replace REUL to deliver the UK’s regulatory, economic and environmental priorities.
“Alongside the Bill, government will continue to engage with stakeholders to identify where we can maximise the benefits of Brexit and test opportunities for reform, from artificial intelligence and data protection, to the future of transport and health and safety. Any future reforms will prioritise making a tangible difference to improving people’s lives in the UK.”
The list of laws targeted by the government includes bans on animal testing for cosmetics, passenger compensation rights for those whose flights are delayed, equal pay for men and women, and pension rights for widows of same-sex marriages.
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