Explanatory Notes

Part 1: Workers’ Retained EU rights

Acts of Parliament: statements of non-regression

486 Schedule 4 inserts new Schedule 5A into the EU (Withdrawal) Act 2018.

487 Paragraph 1 of new Schedule 5A requires a Minister in charge of a relevant Bill to make a statement as to whether that Bill reduces workers’ rights (namely rights such as those contained in the Directives listed in paragraph 4 of this schedule which the UK was obliged to confer) as they were at the end of the implementation period.

488 Sub-paragraph (1) places a requirement on the Minister to make a statement (a ‘statement of non-regression’) that the Bill will not reduce employment or health and safety standards below what is required by EU law at the end of the implementation period, or if that isn’t possible to make a statement to that effect and that the Government nevertheless wishes to proceed with the Bill.

489 Sub-paragraph (2) requires these statements to be made in writing and to be published.

490 Sub-paragraph (3) specifies who must be consulted before the statement can be made. This must include at least representatives of workers and of employers, as well as other interested bodies.

491 Sub-paragraph (4) makes exceptions to the requirement to consult. A consultation is not required if the urgency of introducing and making the legislation means that it is not possible. It also is not required where a Bill reaches second reading in the second House without it having been amended since the statement was made in the first House.

492 Sub-paragraph (5) contains a number of definitions for terms used in this section.


Prepared 21st October 2019