On Wednesday 18 January 2023, the UK government will proceed to the Report stage, and all remaining stages in the House of Commons of the Retained EU Law (Revocation and Reform) Bill.
It has ignored, and voted down, all amendments to the Bill except its own. Even amendments suggesting that it might be useful if the government could actually make a full list of the laws which it may revoke or re-write.
It has ignored principled opposition to the Bill from all opposition parties, from the governments of Wales and Scotland, from environmental NGOs representing many millions of members, from all trades unions, from some business groups including the Institute of Directors. It has ignored concerns about the application of the measure in Northern Ireland, where no Executive exists to take the decisions that the Bill requires.
In terms of the environment, I noted in posts from June to October 2022 that some 570 environmental laws were caught by the Bill’s ‘sunset clause’ which will take effect on 31 December 2023. At this point these laws could be automatically revoked, or, at the discretion of Ministers, amended, extended or re-enacted, without reference to Parliament except by the abbreviated Affirmative Resolution procedure, and with no public participation whatsoever.
I have pointed out in earlier posts that this could cover major implementing legislation on –
Drinking Water
Bathing Waters
Air Quality
Habitats
Water Quality, and the basis of the Water Framework Directive
Urban Waste Water
Waste / Hazardous Waste / Landfill
Plant Products
Countryside Stewardship
Environmentally Sensitive Areas
Chemicals
Genetically Modified Organisms
Animal welfare
Pesticides, and Maximum Residue Levels for Pesticides in Foods
Persistent Organic Pollutants
Mercury contamination
Sewage Sludge in Agriculture
Nitrate pollution
Packaging... and so on.
Discovery in the National Archives of a further 1,400 laws, which the Bill’s careful framers had overlooked, has added to the burdens of government departments. In evidence to the House of Lords Environment & Climate Change Committee on 30 November 2022, Therese Coffey, Secretary of State for Environment, Food & Rural Affairs, said that her department had “about’ 1,100 environmental laws to review. This would be done, not by Parliament, not in public, but by means of an “internal Star Chamber” meeting in February or March 2023.
While Therese Coffey said that she thought that she might exercise her discretion so as to retain many of these environmental laws, some would face amendment or revocation of they were found to be ‘bureaucratic’. She mentioned proposed amendments to weaken further the targets under the Water Framework Directive, targets for good chemical status and good ecological status in rivers and waters which the UK government has failed to meet in the 22 years since that measure was enacted.
It would be great to be able to move on from consideration of this Bill, and to consider some of the good news stories concerning biodiversity, nature restoration or corporate sustainability. But this Bill remains unfinished business, and the reason to ‘go on’ about it is because it is a ruthless, unprincipled and completely unnecessary attack on basic environmental laws which could do them, and the environment, lasting damage. Nobody could object to properly debated improvements on environmental legislation being brought to Parliament. What they object to is the wantonly destructive and completely undemocratic revocation of legislation that is doing an important job, where the government cannot even be bothered to identify or propose a better law.
Earlier coverage of these proposals:
BREXIT FREEDOMS BILL, PARLIAMENT AND A BONFIRE OF ENVIRONMENTAL LAWS
1 June 2022
UK GOVERNMENT PROPOSES REVOCATION OF 570 ENVIRONMENTAL LAWS
5.10.2022
https://www.wyesideconsulting.com/news/uk-government-proposes-revocation-of-570-environmental-laws
ENVIRONMENTAL PROTECTION UK ANNUAL CONFERENCE
19.10.2022
LinkedIn
6.11.2022
‘Rees-Mogg’s plans to axe EU laws will cripple Whitehall, says leading Brexiter’
RETAINED EU LAW (REVOCATION AND REFORM) BILL PASSES SECOND READING
7.11.2022
LinkedIn
24.11.2022
‘Business and Unions Demand Sunak Scraps Bonfire of EU Rules”
RETAINED EU LAW (REVOCATION AND REFORM) BILL IN COMMITTEE – AND IT NOW COVERS 1,100 ENVIRONMENTAL LAWS
6.12.2022
IES WEBINAR: CURRENT CHALLENGES TO REGULATION AND LAW ON NET ZERO, ENVIRONMENTAL PROTECTION AND NATURE
7.12.2022
PAPER ON WALES AND IMPACTS OF RETAINED EU LAW (REVOCATION AND REFORM) BILL