Retained EU Law (Revocation and Reform) Bill

Written evidence submitted by the National Trust (REULB27) Retained EU Law (Revocation and Reform) Public Bill Committee

With our staff, members, volunteers and supporters, the National Trust is the biggest conservation charity in Europe. We protect and care for places so people and nature can thrive. Many millions share the belief that nature, beauty and history are for everyone. So we look after the nation’s coastline, historic sites, countryside and green spaces, ensuring everyone benefits. For everyone, for ever.

Key points

The National Trust is a member of Greener UK and supports the briefing and amendment proposals being made by that coalition. We note the key following points in addition:

· The scale of the change in UK law that the REUL Bill would provoke, within an arbitrary short deadline, is a matter of significant concern for the National Trust - from the perspective of the potential impact on environmental protections that are vital to protecting nature and heritage, and as a business and significant employer across England, Wales and Northern Ireland.

· The National Trust would welcome consultation on credible, considered proposals from Government to reform existing environmental law following the UK’s exit from the EU, and can see opportunity for improvement in many policy areas. However, our view is that the Bill as drafted does not create a credible path to achieving positive change.

· The sunset clause proposed in this Bill would create a ticking timebomb, requiring government departments and Ministers to review, understand, and make decisions about the future of thousands of pieces of law across a wide range of policy, or face their automatic repeal at the end of 2023. This includes some of our most fundamental laws protecting nature and historic features, and those with wider potential impact for landscape and heritage – for example Environmental Impact Assessment.

· Also, and perhaps of most concern, the Bill also creates a framework for replacing existing legislation through secondary powers that would limit Parliament’s ability to scrutinise and consent to substantial new legislation. Well-established legal frameworks which have helped protect people and the natural and historic environment from damage for many years could be transformed without opportunity for amendment or even debate in Parliament.

· The power to replace existing law says that Ministers could "replace it with such provisions as [they] consider appropriate and to achieve the same or similar objectives" or even simply "make such alternative provision as [they] consider appropriate". Ministers would therefore have very wide discretion to replace existing laws with something completely new that may or may not seek to achieve the same objectives as at present.

· Any changes to primary legislation will have to be made through affirmative statutory instrument (which requires a debate and vote in both Houses of Parliament), but the Bill as drafted enables changes to existing secondary legislation could be done through negative statutory instrument – without the requirement for a debate or a vote in either House. This means that replacing major legal frameworks such as the Habitats Regulations could be done without Parliamentary scrutiny or consent. This cannot be the right way to achieve positive, democratic change to vital, well-established protections that have an impact on everyone.

· It sets departments a huge task, and creates an unnecessary call on resources across Whitehall, at a time when departments are being asked to make savings. In our view this disruption is a distraction from taking real action to address the crisis in nature that we are facing, which will itself have significant economic implications in the UK over the long run.

· Government should instead focus its efforts on delivering on existing commitments to leave nature in a better condition for future generations, as set out in the 25 Year Environment Plan and the 2019 manifesto.

Georgina Holmes-Skelton
Head of Government Affairs, National Trust

November 2022