Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-03-21
Topic: Mixed Topics
Peta Buscombe (Conservative, Centre-right): My Lords, I think I can say confidently that in our discussions with the HSE it has said that it is confident that it could carry out this—albeit laborious—assessment as our competent national, domestic authority were we to leave without a deal The noble Lord, Lord McKenzie, asked specifically about impact assessments. The department has been provided with guidance that the impact of EU exit statutory instruments should be assessed in line with standard practice by following the existing better regulation framework, in accordance with Her Majesty’s Treasury’s Green Book guidance. The proposed amendments in this instrument relate to the maintenance of existing regulatory standards. Therefore, as I said, this instrument has been calculated to have a net direct impact on business of £5 million annually. This approach is in line with published guidance, and departmental chief analysts are responsible for ensuring that the proportionate level of analysis is provided. Costs arising for duty holders will be costs of exit rather than of this instrument, which are not applicable to this assessment. An analysis of the wider impacts of the UK’s exit from the EU was published in November 2018 in EU Exit: Long-Term Economic Analysis The noble Lord, Lord McKenzie, asked about transparency. The UK Government are committed to transparency so that citizens can hold the Government to account with regard to how decisions that will affect their lives are made. Therefore, in a no-deal scenario the Government would ensure that regulatory decisions are made with justification, in an open manner, with regular and full consultation on key decisions, in line with the Regulators’ Code, committed to transparency. The UK remains a signatory to the Aarhus convention, which guarantees the public rights on access to information, public participation and justice in environmental matters The noble Lord, Lord McKenzie, also asked for assurances with regard to scientific and technical updates. The Health and Safety Executive is a world leader in the regulation of chemicals and will continue to be so following EU exit. The Government will ensure that the best scientific and technical advice is available during the process. Indeed, we have to be proud of the extraordinary expertise and skills we have in this area; we must ensure that the best skills and advice continue to be available and that decisions are transparent and involve the opportunity for public participation On fees and cost recovery provisions—I apologise in advance if I am being repetitive—the UK will charge fees in line with Her Majesty’s Treasury’s policy and the Regulators’ Code, which requires regulators to clearly explain the basis on which fees and charges are calculated. Industry will be charged only for the work and advice provided by the Health and Safety Executive. This approach is a well-established procedure for ensuring a 100% cost recovery Potential changes to fee levels would require legislation to be passed through Parliament. The principle of transparency underpins any changes to fees, so there would be a wide consultation process. This instrument is a purely formal change of the location of powers. In response to the question from the noble Lord, Lord McKenzie, about paragraph 2.7 of the Explanatory Notes, I can say that the situation will not be operable after exit unless we make these changes to ensure clarity about the formal location of powers—that is, powers resting with the HSE I think that I am almost there. I think I said that the competent authority involved in scientific advice will be the HSE, alongside the Environment Agency and the devolved authorities’ relevant competent authorities, such as HSENI. It is important to make clear our involvement with the devolved Administrations. All the competent authorities will be involved in decision-making There was a question on enforcement. The Government are extremely committed to the protection of workers, the public and the environment. The Health and Safety Executive has sufficient enforcement capacity to police non-compliance with chemical regulations, but enforcement action will be proportionate to the health and safety risks and to the seriousness of any breach of the law, as the HSE enforcement policy statement sets out. HSE’s approach to enforcement will not change as a result of exit. Although some duty holders will have new or different roles to fulfil, depending on their position in the supply chain, the scope of the regulation and the number of duty holders affected will remain broadly the same. HSE has planned a modest increase in enforcement resource to cope with the potential increase in the number of enforcement cases that could arise as a result of increased scrutiny from other agencies, such as Border Force or HMRC I think that that covers pretty much all the questions. I hope that noble Lords will bear with me. I put it differently from the noble Lord, Lord Fox: I always call this the graveyard slot. But I want to touch on consultation, because I know that this has been of concern to noble Lords across the House in relation to a number of SIs. We have a very good story to tell about what the Government, working with the HSE, have been doing to ensure that those who are impacted by these changes are aware of what is going on Consultation on chemicals was conducted on an informal basis, although, until very recently, this was constrained due to sensitivities arising from the ongoing negotiations with the EU. At the beginning of February, HSE consulted all the major chemical trade associations and it has held a series of workshops and events to discuss changes with representatives of industry and non-governmental organisations. Indeed, in the past month alone, a series of roadshows was held in Belfast, Hull, Cardiff, London, Chester and Edinburgh. In total, across all events since February 2018, HSE has engaged with approximately 1,240 attendees and, since August, the EU exit chemicals regulations guidance pages on HSE’s website have had just under 100,000 views. In the past month, pages with specific EU exit guidance on each EU chemicals regulation have had approximately 3,600 views. So we take the issue of consultation seriously. It is not formal consultation, because there are no policy changes in the legislation, but we believe that it is necessary to ensure that all those who are impacted either directly or indirectly by the regulations and changes associated with our exit from the European Union are aware of what we are doing and the impact of this statutory instrument This instrument will provide clarity to the chemical industry and regulators, ensuring that the legal requirements that apply in relation to chemicals regulations are clear immediately after exit, and it will provide certainty to consumers that the use of chemicals in the UK will continue to be desirable and safe. I commend the regulations.