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Brexit: UK plan to remove EU law sparks nations' anger Brexit: UK plan to remove EU law sparks nations' anger
(about 8 hours later)
The government has set out a plan to overhaul "outdated" EU laws copied over after Brexit - a move it says will cut £1bn of red tape for businesses. The government has set out a plan to overhaul EU laws copied over after Brexit - a move it says will cut unnecessary "red tape" for businesses.
Downing Street said a Brexit Freedoms Bill will change how Parliament can amend or remove thousands of EU-era regulations that remain in force. Downing Street said a "Brexit Freedoms Bill" will change how Parliament can amend or remove thousands of EU-era regulations that remain in force.
Boris Johnson said the move would "unleash the benefits of Brexit" and make British business more competitive.Boris Johnson said the move would "unleash the benefits of Brexit" and make British business more competitive.
But the plan was criticised by the devolved administrations.But the plan was criticised by the devolved administrations.
A source said Scottish, Welsh, and Northern Irish ministers believe the plans undermine the devolution settlement. Since Brexit the UK has moved away from EU laws in certain areas, including on immigration, payments to farmers, and gene-editing rules for crops.
They added that a meeting between the Attorney General Suella Braverman and devolved ministers on Saturday was "last-minute, fractious, and cack-handed". But the prime minister has been under increasing pressure in recent months from MPs on the right of his party to go further.
The Scottish Government's Cabinet Secretary for the Constitution Angus Robertson said: "This makes a mockery of the UK government's recent commitment to reset relationships with the devolved governments." Former Brexit minister Lord Frost resigned last year, calling for the government to deliver on the opportunities Brexit presented, adding in his letter to the PM: "You know my concerns about the current direction of travel."
And Mick Antoniw, the Welsh Minister for the Constitution, said the UK government was driving a "coach and horses through the concept of mutual consent".
The UK government said it would "continue to work closely with the devolved administrations".
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In an announcement for the two-year anniversary of the UK's exit from the EU, No 10 said its new bill would ensure changes can be made more easily.
The government has signalled it wants to move away from EU rules over areas like artificial intelligence, data protection and clinical trials for new medicines.
Downing Street said the changes would build on others since Brexit, which include:
a move to simplify alcohol duties from 2023 by moving way from EU-wide rules
scrapping the EU-mandated 5% rate of VAT on tampons
creating a new UK regime for regulating government support to industry
The UK copied over the laws to smooth its exit from the EU on 31 January 2020, and kept them during a transition period that ended in January 2021.The UK copied over the laws to smooth its exit from the EU on 31 January 2020, and kept them during a transition period that ended in January 2021.
Since September, the government has been reviewing which of these it wants to keep in place, ditch or amend.Since September, the government has been reviewing which of these it wants to keep in place, ditch or amend.
Under Brexit withdrawal legislation passed in 2018, retained EU laws have a legal status of their own - and a special process for changing them.Under Brexit withdrawal legislation passed in 2018, retained EU laws have a legal status of their own - and a special process for changing them.
In an announcement for the two-year anniversary of the UK's exit from the EU, No 10 said its new bill would ensure changes can be made more easily. Downing Street said it wanted to make it easier for MPs to change these laws, arguing that removing or changing them could otherwise take years.
The prime minister said: "The plans we have set out today will further unleash the benefits of Brexit and ensure that businesses can spend more of their money investing, innovating and creating jobs." It did not specify the provisions in the bill or how it calculated the claim that businesses would save £1bn through the cutting of red tape.
Ms Braverman said: "This work is key to us taking charge of our regained sovereignty which the British people voted for in 2016 and 2019." The prime minister said the government's bill would "further unleash the benefits of Brexit and ensure that businesses can spend more of their money investing, innovating and creating jobs".
The government has not set out which EU laws it intends to change, but said it would promote a "distinctive approach" to UK law, with a focus on promoting new technologies. Legislation inherited after Brexit - "retained EU law" in the jargon - can only be changed if Parliament passes new laws.
Downing Street said the changes would build on others since Brexit - such as the simplification of alcohol duties and decision to scrap the EU-mandated 5% scrap VAT on tampons. But the "Brexit Freedoms Bill" will change that, by giving ministers more power to alter retained EU law more quickly, and not necessarily with votes in Parliament.
It's very unlikely that the fussy clerks in the House of Commons will allow the government to give the bill such a political name, and so I bet it gets relabelled as something much more boring.
Whatever it's called, to Conservative backbenchers it promises a bout of post-Brexit deregulation.
But the same MPs will also worry that it's a power-grab by ministers at their expense.
It's part of a policy blitz this week that's visible from space.
There's going to be a new compensation scheme for airline passengers whose flights are delayed. Also due is the paper fleshing out the PM's flagship policy of "levelling up".
But all of this could be made to look like a sideshow by two things the government has no control over: Sue Gray's report into lockdown-busting parties in Whitehall that could drop at any time, and the diplomatic crisis between Ukraine and Russia.
However, the bill has sparked concerns in the devolved administrations - which have obtained new powers in certain policy areas since Brexit.
A source said that a meeting between the Attorney General Suella Braverman and devolved ministers on Saturday was "last-minute, fractious, and cack-handed".
The Scottish Government's Cabinet Secretary for the Constitution Angus Robertson said the bill would "undermine devolution".
And Mick Antoniw, the Welsh Minister for the Constitution, said the UK government was driving a "coach and horses through the concept of mutual consent".
The situation in Northern Ireland is more complicated because of its special Brexit deal, known as the Protocol, which the UK is currently trying to renegotiate.
It keeps Northern Ireland inside the EU's single market for goods, meaning that a significant amount of EU law continues to apply. For example, there are question marks over whether the changes to alcohol taxes will be allowed.
The UK government said it would "continue to work closely with the devolved administrations".
Meanwhile, Labour criticised ministers for not using Brexit to scrap VAT on energy bills, which had to be at least 5% in the EU.
Shadow attorney general Emily Thornberry said the public "overwhelmingly support" the change, adding: "It is time the government started listening".
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But there was anger after the changes were discussed with the devolved nations on Saturday.
Mr Robertson said: "Within days of the UK government promising more respectful ways of working, we were informed of what is clearly a rushed exercise over the weekend with nothing more than a vague verbal briefing.
"If these proposals involve changing the law in devolved policy areas, then pressing ahead without the consent of the Scottish Parliament would demonstrate yet again the UK government's intent to undermine devolution."
While in Wales, Mr Antoniw said: "The government has been unable to provide assurances that it's plans for future changes in dealing with 'retained' EU law would not affect the devolution settlement."
A UK government spokesperson said: "We continue to work closely with the devolved administrations to ensure that a common approach can be taken where powers and law have returned from the EU which intersect with policy areas that fall within devolved competence.
"The details of the bill will be brought forward in due course. Our objective is to make it easier to amend or remove outdated EU law which is no longer right for the UK and end its special status in our legal framework."
Meanwhile, Labour criticised ministers for not using Brexit to scrap VAT on energy bills, which had to be at least 5% in the EU.
Shadow attorney general Emily Thornberry said the public "overwhelmingly support" the change, adding: "It is time the government started listening."