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23rd December 2010

NEWS IN BRIEF

The Government last week set out a series of principles that it intends to use when introducing European measures into UK law.

The most important includes reproducing exactly the text of European directives directly into UK law to end the practice of so-called "gold-plating". This is when national bodies exceed the terms of a directive when implementing it into national law. According to the Government, this principle will mean that British interpretations of European law do not unfairly restrict British companies.

The new measures are part of a wider Government policy to tackle EU regulations at the source. They will also place an express duty on ministers to conduct a review of European legislation every five years.

The key elements of the principles are:

• Work on the implementation of an EU directive should start immediately after agreement is reached in Brussels. By starting implementation work early, businesses will have more chance to influence the approach, ensuring greater certainty and early warning about its impact.
• Early transposition of EU regulations will be avoided except where there are compelling reasons for early implementation. This will ensure that British businesses are not put at a disadvantage compared with their European competitors.
• European directives will normally be directly copied into UK legislation, except where it would adversely affect UK interests, for instance by putting UK businesses at a competitive disadvantage.
• A statutory duty will be placed on ministers to conduct a review of domestic legislation implementing a European directive every five years. This will allow businesses to influence any necessary improvements based on their own practical experience of applying the rules.

TUC General Secretary Brendan Barber said: 'This is a depressing, dangerous and counter-productive policy. For the government to say that it will always settle for the bare minimum of any European policy - whether it's designed to protect consumers, the environment or people at work - is a profoundly depressing position.

'It entirely bypasses the UK's democratic processes and for Euro-sceptics must be the ultimate surrender to Brussels as it leaves important areas of UK law to Brussels rule-makers and the UK courts.

'And it could well mean more uncertainty for business as Parliament will no longer set rules that are written specifically for UK circumstances.'

Also this week

Conflicting Opinion

Letter by Letter