In a speech to Parliament, the minister revealed his ideas to abolish the special status given to EU laws, investigate the creation of a “tailored mechanism” to change EU-first rules, and establish a new commission to assess which laws should be kept.
Lord Frost believes it is time to “normalise” EU rules so that they are on an equal footing with legislation approved in the Commons, restoring Parliament’s sovereignty.
Given the level of EU control over our political system over nearly 50 years, he warned that breaking free from Brussels would be a “mammoth task.”
“First of all, we’re going to conduct a review of so-called ‘retained EU law’, and by this I mean the very many pieces of legislation which we took onto our own statute book through the European Union Withdrawal Act of 2018,” Lord Frost told peers.
“We must now revisit this huge but, for us, anomalous category of law.”
“Doing so, we have two purposes in mind: first to remove the special status of retained EU law, so it is no longer a distinct category of UK domestic law but normalised within our law with a clear legislative status.
“Unless we do this, we risk giving undue precedence to laws derived from EU legislation over laws made properly by this Parliament.”
He said that the plans would empower UK courts to deviate from EU case law precedents.
“In so doing, we shall continue and finalise the process of restoring this sovereign parliament and our courts to their proper constitutional positions,” the minister continued.
Lord Frost, explaining phase two of the Government’s intentions, stated that the laws transferred to the UK statute book after the EU exit would be “comprehensively” reviewed.
To avert a legislative crisis, regulations passed while Britain was a member of the EU were en masse reproduced in UK law.
“I want to be clear. Eventually, our intention is to amend, to replace, or repeal all that retained EU law that is not right for the UK.” Lord Frost added.
The blueprint’s last step will see “rigorous tests” implemented to ensure that future regulation is required before it is implemented.
It is intended that the additional protections will prevent enterprises from being subjected to unnecessarily burdensome regulations.
“Now we have control of all of our laws, not just a subset of them”, the Brexit minister continued, “we will consider the re-introduction of a ‘one-in, two-out system’, which has been shown internationally to have a significant difference to how regulation proceeds.”
Lord Frost’s announcement expands on the proposals of Sir Iain Duncan (IDS) Smith’s Taskforce for Regulatory Reform, Innovation, and Growth (TIGRR).
Prime Minister Boris Johnson created the group earlier this year to look into EU-inherited regulation and offer recommendations on how to best use Brexit to increase UK competitiveness in the global arena.
“The problem that we had with being a member of the European Union is that they follow a different structure of law to us,” Sir Iain explained at the time to express.co.uk.
He went on to say that now that Britain is no longer a part of the EU after nearly 50 years, the country “should return to the common law principle” that has governed for generations.