My Lords, I support this excellent amendment, because it would create a duty to ensure that any governance or regulatory function currently exercised by an EU institution is transposed into UK law. It is not good enough to retain EU law that protects standards and protections if we lack the complementary functions of monitoring and measuring compliance with the requirements, of reporting on compliance, of enforcement, of setting standards and targets and of publicising information, all of which is cited in the amendment.
These rights will be empty of meaning unless they are monitored and enforced. One of the concerns is where we will find the capacity to fulfil these functions to match what the EU has built up by highly expert and specialised institutions such as the Food Standards Agency, the Environment Agency, the European Chemicals Agency, the European Medicines Agency and Euratom.
The 2017 White Paper on legislating for withdrawal gives an example that raises considerable concerns. It says:
“There will be law which will, upon leaving the EU, no longer work at all and which will need to be corrected to continue to work. An example of this”—
we might not all be familiar with these regulations—
“would be the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001. These domestic regulations contain a requirement to obtain an opinion from the European Commission on particular projects relating to offshore oil and gas activities. Once we leave the EU, the Commission will no longer provide such opinions to the UK”,
which is true.
“However, this requirement in the existing regulations would prevent certain projects from taking place unless we correct it”.
The Government were positing, in what is now this draft legislation, to allow the Government to amend our domestic legislation either to replace the reference to the Commission with a UK body or to remove this requirement entirely. It is the removal of the requirement entirely that is worrying. This is about when a company wishes to build an oil pipeline in a protected habitat, so it is not a negligible issue. So there is a series of regulatory hurdles at the moment. The Government argued that abolishing this reference to the Commission would be a mere “technical” change. However, protecting habitats from potential oil spills is not a technical change. Therefore, there needs to be some substitute for the European Commission.
The powers in the Bill, including in Section 8, which contains powers that could allow the Government to reduce the level of regulatory protection in the UK to align with international trade partners without consulting Parliament, could be of great concern. We have heard from Wilbur Ross, the US Commerce Secretary, who has specifically described the regulation and documentation of chemical exports, food safety geographical indicators—the things that protect Cornish pasties and Melton Mowbray pork pies, and so on—as presenting “key impediments” to expanded trade between the UK and the US. So this kind of thing will be very much at risk.
We have talked before in Committee about how we cannot implement things unilaterally; we have to be able to have some reciprocal enforcement. The Business Minister, Andrew Griffiths, told MPs last week that there is no,
“cast-iron assurance … that UK products will remain protected”.—[Official Report, Commons, 13/3/18; col. 711.]
They might in the UK but they will not elsewhere in the world. We need an infrastructure of regulatory enforcement, obviously on a reciprocal cross-border basis, to uphold the protection that the Government say they will give to retained EU law standards. The answers that we are supposed to understand that the Government cannot discuss this in any detail because it is part of negotiations, or that no plans are yet in place, are wearing pretty thin.
I therefore share the concerns of the noble Lord, Lord Haskel, and I would like to hear an assurance from the Minister that similarly high standards of regulation as well as of protective law will be guaranteed. Otherwise, if you have the law without the regulatory enforcement, it is not a lot of use.