The UK's primary health and safety regulator, the Health and Safety Executive (HSE), is facing a high-stakes legal challenge over its handling of post-Brexit chemical regulations. Environmental law organisation ClientEarth has launched judicial review proceedings, alleging the HSE's new approach creates a "dangerous loophole" that could leave people and wildlife exposed to harmful substances.
The core of the dispute lies in the UK's version of the EU's REACH chemical regulation system. ClientEarth claims the HSE is permitting companies to keep their chemicals on the market for years, even after they have been officially identified as being of "very high concern," without requiring them to seek special authorisation. This authorisation process is designed to control the use of the most hazardous substances.
A Systemic Weakening of Protections
ClientEarth argues this practice fundamentally undermines the purpose of the UK's chemical safety framework. "The HSE is giving companies a free pass to continue using some of the most dangerous chemicals on the market without any scrutiny," said a lawyer for the group. They contend that this creates a two-tier system where companies can bypass the strict controls that were a cornerstone of the original EU regulations.
The HSE, however, defends its position. A spokesperson stated that its approach is "fully in line with the law" and is a "pragmatic and proportionate" way to manage the transition to a independent UK chemical regime. They maintain that their processes still ensure a high level of protection for both human health and the environment.
The Brexit Context
This legal battle is a direct consequence of the UK's departure from the European Union. When the UK left the EU, it established its own standalone chemicals regulation framework, UK REACH, which was intended to mirror the EU's stringent standards. However, critics have consistently warned that the system is under-resourced and risks diverging from, and weakening compared to, the EU model.
This case highlights the complex and often contentious process of replicating and managing vast, pre-existing EU regulatory systems within a new UK context. The outcome of the judicial review could have significant implications for the future of environmental and public health regulation in post-Brexit Britain.
