On Monday our local MP Caroline Lucas asked several questions on the theme of the European Law. There were two questions which were responded by Mark Spencer who is the Minister of State for Defra (Department for Environment, Food and Rural Affairs) and there was another question that was responded by Trudy Harrison who is the Under Secretary of Defra. Here are the three questions and answers but the fact that the call from the first on this list from Mark Spencer includes “Defra is in the process of analysing its REUL stock and determining what should be preserved as part of domestic law, as well as REUL that should be repealed, or amended. The Department is currently undertaking a programme to coordinate this analysis. Confirmed REUL is available on the public dashboard, owned by the Brexit Opportunities Unit. This will be updated quarterly.” indicates that Defra is clearly needing a great deal more support so it can speed up the responses.
Here is the first question and answer from Caroline and Mark Spencer
Q: To ask the Secretary of State for Environment, Food and Rural Affairs, when he will publish the details of all the legislation that falls under his Department’s remit that will be subject to (a) revocation or (b) reform under the Retained EU Law (Revocation and Reform) Bill; and if he will make a statement.
A: Defra is in the process of analysing its REUL stock and determining what should be preserved as part of domestic law, as well as REUL that should be repealed, or amended. The Department is currently undertaking a programme to coordinate this analysis. Confirmed REUL is available on the public dashboard, owned by the Brexit Opportunities Unit. This will be updated quarterly. Defra will continue to review its position to identify any remaining REUL and to update the dashboard as required should further REUL be confirmed. Where appropriate, the department will also continue to make use of powers within our Agriculture, Fisheries and Environment Acts in parallel.
This is the second question and answer from Caroline and Mark Spencer
Q: To ask the Secretary of State for Environment, Food and Rural Affairs, if he will publish (a) the cost to his department of delivering the EU Exit Statutory Instrument programme in (i) 2018 and (ii) 2019 and (b) how much cumulative staff time was spent on this work in terms of FTEs; and if he will make a statement.
A: The information requested is not collated centrally and could only be provided at disproportionate cost. Defra held one of the largest EU Exit Statutory Instrument programmes across HM Government. The Department laid 108 Statutory Instruments directly related to EU Exit in 2018 and 161 in 2019. The REUL Bill will make it easier to amend, repeal or replace REUL and build on this previous work, the Department is currently assessing where these new secondary powers should be utilised, which will inform our approach to resourcing.
This is the third question and answer from Caroline and Trudy Harrison
Q: To ask the Secretary of State for Environment, Food and Rural Affairs, if he will make it his policy to retain the nature protections contained within the EU Habitats Directive in UK law beyond December 2023; and if he will make a statement.
A: We have been clear about the importance of environmental protection across the United Kingdom, not least through our world leading Environment Act, which includes a legally binding target to halt the decline of nature by 2030. We are committed to meeting this target and will not undermine our obligations to the environment in pursuit of growth.
Earlier this year we published a Nature Recovery Green Paper, setting out proposals to reform our system of protections, including the Habitats Regulations. The Nature Recovery Green Paper consultation closed in May and we are now in the process of analysing responses with our response to be published in due course.
My department is carefully considering the scope of the delegated powers in the Retained EU Law (Revocation and Reform) Bill, and whether they can be used to deliver a better, bespoke British system of nature protections to replace the provisions in the Conservation of Habitats and Species Regulations 2017 (as amended).