The British Safety Council is urging the Government to rethink the deadline in its legislation, of 31 December 2023, for all European Union (EU) regulations to be automatically repealed unless a Minister decides otherwise.
The British Safety Council says the Government needs to allow more time for departments to review and decide what to do with EU regulations it is proposing to revoke, revise or retain under the Retained EU Law Bill, or businesses will face a legal “black hole” from the end of next year.
British Safety Council chairman, Peter McGettrick, said: “Having left the EU, it is right that the UK should set its laws. But the Government’s Retained EU Law Bill allows too little time for too little scrutiny on changes to regulations which govern our safety, health and well-being. It risks opening a legal black hole, which will leave businesses in the dark and expose people to greater risk.
“The Government’s Bill creates huge uncertainty for UK businesses at a time when they already face other significant challenges, including sharply rising costs, a slowing global economy and continuing market turbulence.”
The Government’s Bill creates huge uncertainty for UK businesses at a time when they already face other significant challenges.
McGettrick argues that the current timetable on this Bill is unrealistic given the “vast amount of work” required by government departments to review and then potentially replace many thousands of pieces of regulation with new secondary legislation.
“While improvements could no doubt be made to some existing regulations, the sweeping way the Government is going about this risks leaving businesses, workers and the UK public open to future abuse, harm and unreasonable change.
“British Safety Council does not believe this is acceptable either to people in work or their employers who will have to manage the level of risk this creates for them and their businesses.”
While workers in the UK will still be covered by the Health and Safety at Work Act (1974), as well as common law, the British Safety Council says the Bill creates uncertainty as to exactly what will and will not remain in UK law covering “huge swathes” of employment practice beyond the end of 2023.
We also know that regulators are already struggling to fulfil their expanded roles following Brexit.
Regulators will also be under increased pressure and may require more resources to fulfil their remit without a workable regulatory framework, the Council says.
McGettrick added: “There is a danger of big gaps being created in our regulatory landscape and divergence between businesses selling into Europe, which still need to comply with EU law and those which do not.
“We also know that regulators are already struggling to fulfil their expanded roles following Brexit, with a lack of resource and recruitment challenges meaning businesses and consumers are already facing increased safety risks.”