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 the government is preparing 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. The move 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. However, if the bill is 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.
The introduction of the sweeping powers is likely to put the government on a collision course with opposition parties. Though unlikely to be voted down in the Commons, the bill could face obstruction in the House of Lords. 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: “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. The danger is you’re doing integration with the EU by stealth.”
Ministers argue the bill will cut red tape and costs for businesses so that agreements on sectors such as food and drink, automotive agreements and security and migration information sharing can be implemented more quickly. Sources said any disputes about regulations would be decided by an independent tribunal, not an EU court. A 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.”
