Six years after the vote to Leave, only 8% of EU laws have been repealed

This report has been co-published with our affiliated organisation, Brexit Facts4EU.Org.

This is why the new Brexit Freedoms Bill is required, say CIBUK.Org and Facts4EU.Org

We explain the need, summarise where we are, and provide the numbers

At last. The axe is set to fall on up to 2,000 retained EU laws by the end of next year. The new Brexit Freedoms Bill’s provisions will deliver benefits in all areas of life.

Faced with the relative inaction of government departments in jettisoning the large swathes of EU legal straight-jackets imposed on the British people by the EU’s imposition of its laws over decades, the new UK Government of Liz Truss has now acted.

On Thursday in Parliament, the Rt Hon Jacob Rees Mogg MP announced the first reading of the new ‘Brexit Freedoms Bill’. This was then fully endorsed by Chancellor Kwasi Kwarteng in his revolutionary ‘mini-budget’ yesterday (23 Sept 2022).

Business Secretary, Jacob Rees Mogg said:

“Now that the UK has regained its independence, we have a fantastic opportunity to do away with outdated and burdensome EU laws, and to bring forward our own regulations that are tailor-made to our country’s needs.

“The Brexit Freedoms Bill will remove needless bureaucracy that prevents businesses from investing and innovating in the UK, cementing our position as a world class place to start and grow a business.”

– The Rt Hon Jacob Rees Mogg MP, Business Secretary, 22 Sept 2022

The size of the problem inherited from the EU

All EU member countries are required to incorporate the full body of EU laws and regulations – the so-called ‘EU acquis’ – into their domestic law.

On leaving the EU, these laws were simply passported into UK legislation as there was no time to be selective, thanks to the protracted withdrawal negotiations with the EU Commission. Below we summarise the size of the problem this left Parliament with.

Summary

“Retained EU Laws” (REUL)

1. Breakdown of what has been done so far

Total REUL : 2,417 (100%)
Unchanged : 2,006
Amended : 182
Repealed : 196 (Only 8.1%)
Replaced : 33

[Source : Official UK Government figures from BEIS, as at 24 Sept 2022.]

Former Brexit Minister, the Rt Hon David Jones MP, told us exclusively:

“The analysis carried out by CIBUK.org and Facts4EU.org makes clear why the Brexit Freedoms Bill is so essential.

“For almost half a century, the UK passively absorbed from the EU an elephantine body of legislation – much of it highly restrictive and anti-competitive – with little or no democratic input or oversight.

“Once enacted, the Bill will accelerate the process of clearing this legislative gunk out of the British legal system and replacing it with homegrown laws better suited to the UK’s own business, environmental and consumer needs.

“Creating a sunset date of 31st December 2023 will concentrate the minds of officials on getting on with the job of assessing the benefits or otherwise of retained EU law. Without it, it is more than probable that the necessary clear-out would never happen.”

– The Rt Hon David Jones MP, 24 Sept 2022, exclusive to CIBUK and Facts4EU

Summary

“Retained EU Laws” (REUL)

2. The areas of our national life where Brexit benefits will be enjoyed

2.1 Top 5 policy areas

Click to enlarge

[Source : Official UK Government figures from BEIS, as at 24 Sept 2022.]

2.2 Top 5 sectors

Click to enlarge

[Source : Official UK Government figures from BEIS, as at 24 Sept 2022.]

CIB’s thoughts

By and large, Governments do not de-regulate. Instead they bring in new legislation. In this case there is an urgent need to free up the newly-independent United Kingdom from the burden of thousands of EU laws and tens of thousands of regulations which stemmed from these.

If Governments tend to add to laws rather than repeal them, civil servants have an even greater reluctance to lessen the regulatory burden on individuals and companies. In the case of Brexit the problem was exacerbated by the fact that most civil servants voted to remain in the European Union.

From our sources, we have heard that civil servants “dragging their feet” doesn’t begin to express the inertia felt by some Government Ministers within their departments.

Now the new Government has acted

In essence, the new Brexit Freedoms Bill has as its default position that all remaining EU laws that have not been amended will be ‘sunsetted’ by the end of next year (2023) – unless a compelling case is made for their retention.

Up for grabs are over 2,000 pieces of legislation and they cover all walks of life. When readers consider the enormous number of regulations and rules stemming from these laws, it is clear that ‘Brexit Benefits’ are going to be delivered in their tens of thousands.

No longer will we be under the Napoleonic Code, but under the world-beating Common Law system developed in England centuries ago. The Napoleonic system means you can only do what the law says. The UK’s Common Law system means you can do anything provided it is not specifically illegal. This difference is fundamental.

Secondly, no longer will our laws and rules be drafted under the EU’s ‘Precautionary Principle’, where everything is legislated against unless it can be proved to be harmless, but under the assumption that everything is allowed unless it can be proved to be harmful.

Both CIBUK.Org and Facts4EU.Org welcome this new Bill and hope it will pass through both Houses swiftly.

For the original version of this article, click here: https://facts4eu.org/news/2022_sep_axing_eu_laws