London, UK: Parliament is debating the Retained EU Law (Revocation and Reform) Bill which will see all retained EU law revoked by the end of the year.
Retained EU Law is domestic law created at the end of the transition period following Brexit, consisting of EU-derived subordinate legislation and retained direct EU legislation that was preserved in the UK domestic legal framework by the European Union (Withdrawal) Act 2018.
The bill will enable government, via Parliament, to amend more easily, repeal and replace Retained EU Law.
The bill affects around 2,400 regulations across 21 government departments. Some of the key pieces of regulatory legislation affected are health and safety at work regulations and food safety regulations.
The bill requires government departments and the devolved administrations to take action to determine which Retained EU Law can expire, and which needs to be incorporated into domestic law.
It is unlikely that government departments will be able to review and assess every piece of retained law by the end of the year, raising concerns of serious disruption. Temperature-controlled logistics will be affected by these changes which could pose a risk for the supply chain.
Shane Brennan, chief executive, Cold Chain Federation, warns of the risk: “I wish ministers would recognise that there is far more risk involved in this strategy than there is opportunity.
“Businesses across the cold chain have been through years of uncertainty and upheaval and as we face a precarious period of post pandemic recovery, we would prefer there to be a more ordered and considered process of policy change in these areas.”
“That said we should not be alarmed either, the worst predictions of removal of rights and protections are exaggerated. The best way for cold chain businesses to cope with the changes is to carry on as they are, focus on doing the right things and maintaining up-to-date policies across their HR, Health and Safety, food safety and all other affected functions,” Brennan said.
Kate Jennings, policy director, Logistics UK, said that while regulatory simplification has its benefits, the scale of the task ahead of the government must not be underestimated if the UK’s highly interconnected supply chain is to be protected.
“Logistics underpins the whole economy and so is affected by changes to legislation relating to a wide range of areas, including employment, safety, the environment, competition and finance. With so many processes subject to potential change, there is a real risk of putting our sector into limbo.”
“We have demonstrated time and again over the past few years that logistics is agile and flexible – coping with challenges ranging from the Covid-19 pandemic to EU exit, IR35 reforms and the supply chain shocks caused by driver shortages and the impact of the war in Ukraine, as well as political uncertainty and rising inflation. Easing the regulations governing our sector could save costs, drive efficiency and competition. However, our members want clarification that change will not compromise standards and safety for staff and businesses, as well as the wider public.”
“As the government’s own impact assessment recognises, businesses face uncertainty, familiarisation and implementation costs. With less than a year until the changes potentially come into force, we are urging government to work with our members to understand the non-negotiable standards which our industry works to, and allow them time to implement any new processes and procedures, to ensure UK business can continue to trade effectively both domestically and internationally. Failure to plan means planning to fail.”
The Retained EU Law (Revocation and Reform Bill) will create powers to reform or sunset retained EU law by December 2023 or 2026 at the latest. The Department for Transport has the second highest number of pieces of law in scope.
