Labour's Dynamic Alignment with EU Rules Explained
Labour's Dynamic Alignment with EU Rules Explained

Ministers are planning to fundamentally reshape Britain’s relationship with the European Union, with new legislation that could result in the UK signing up to EU single market rules without a normal parliamentary vote. The Guardian understands that ministers are bracing to face down opposition to “dynamic alignment” with the EU from those who “scream treason” over the powers in a new EU-UK reset bill.

A new bill, which will bring into force the food and drink trade deal with the EU, will contain powers enabling the government to dynamically align with Europe on areas where it has already made agreements. It will also allow the UK to quickly implement evolving single market rules if it determines it is in the national interest, without having to face full parliamentary scrutiny each time. This is possible under so-called Henry VIII powers, which allow ministers to approve laws without full scrutiny from parliament using secondary legislation.

The bill will enable deals the government is negotiating on food and drink and emissions trading to come into force, and allow it to follow future EU changes in these areas. If passed, negotiators could seek to adopt EU rules on everything from cars to farming using secondary legislation. Parliament can either approve or reject secondary legislation, but cannot amend it, which would probably mean MPs will “rubber-stamp” new deals rather than debate and vote on every one.

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Ministers say the move will promote trade without breaking the government’s red lines on rejoining the customs union, single market, or returning to freedom of movement. However, critics argue it could amount to “integration with the EU by stealth”, without the voting or veto rights conferred by membership of the bloc. Prof Anand Menon, director of the thinktank UK in a Changing Europe, said: “Changes to UK regulations should be debated in parliament and thrashed out by politicians. The reality of this is we are signing up to a deal with the European Union that commits us to follow their rules, whether we like it or not.”

Sources said the government was ready to go into battle with hard Brexit advocates. One government insider said: “We expect a fight in this area from those who were in favour of leaving the EU on the harshest terms. They will scream treason but the reality is that all international agreements involve shared rules.” They added that the move was a recognition of the need to boost the economy and temper the cost of conflict, after weeks of Donald Trump’s war with Iran that have exposed the fragility of the UK’s damaged special relationship with the US.

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