Ministers in Britain are planning a new bill that would implement the food and drink trade deal with the EU but would also include powers to enable the government to “dynamically engage” with Europe. This would allow the UK to quickly implement devolved single market rules if it determines it is in the national interest, without facing full parliamentary scrutiny.
Why is the government bringing this change?
Keir Starmer has made it clear that he wants Britain to go much further in terms of economic relations with the EU.
A summit with Brussels is planned for early summer, which Starmer has said he hopes will also build on the agreement reached at Lancaster House last year, which included plans for food and drink imports as well as emissions trading and electricity.
To implement the food and drink deal, the government will introduce a bill with a so-called “dynamic alignment mechanism” that would allow the government to align UK standards as the EU develops its own rules.
But it would allow ministers to go even further – to make changes to the economy based on negotiations with Brussels, without introducing a new bill each time.
Is this not evading parliamentary scrutiny?
The bill would need to be passed by Parliament in the normal way, but once passed the government could use secondary legislation to make further changes. This is common practice for many bills, but it takes on extra importance when it comes to Brexit rules.
Changes are possible under the so-called Henry VIII powers – It is named after a law of 1539 that enables the king to rule by decree – allowing ministers to approve laws without full scrutiny from Parliament. secondary legislation.
Parliament gets to vote on secondary legislation – it can either approve or reject secondary legislation, but cannot amend it. In practice, secondary legislation is often just rubber-stamped without debate and often passed “on approval” without even a full vote.
Will the government be able to pass this bill?
This should be easier in the Commons with a large Labor majority, although the Lords could cause disruption.
The bill is expected in the King’s Speech in May, but details are still being finalized with the EU on basic food and drink details, so the legislation is likely to run parallel to those negotiations, adding an extra layer of complexity.
The Liberal Democrats may seek to amend the bill to make it even more pro-EU, including introducing a customs union, which could lead to a Labor rebellion. Both the Conservatives and Reform have opposed the bill and have said they would try to repeal it if voted to power.
Why does the government want to give itself these powers?
The bill would give ministers bigger powers to engage with new EU rules without requiring a full vote in Parliament. That would make Britain a more stable negotiating partner for the EU, which is wary after years of Brexit crunching parliamentary antics. Government sources have compared the changes to how agencies, such as the Food Standards Agency, update their rules without a vote on each issue – although they are given this power by law.
Starmer has defended the plans, saying that closer ties with Europe are “in the best interests of the UK”.
But even pro-EU lawmakers may be reluctant to hand the government significant powers over sectors such as the automotive industry, defence, agriculture and pharmaceuticals without full parliamentary scrutiny, which could have significant impacts in their local areas.
