Alister Jack urged to help scrap EU Retained Law Bill

The Retained EU Law (Revocation and Reform) Bill will, when passed, see 2,400 pieces of legislation carried over from the UK’s 47-year membership of the EU revoked.

Civil servants have suggested it could take six years to go through all the European laws on the statute books.

However, the government’s self-imposed sunset clause means that ministers have until the end of 2023.

That short time frame has sparked fears that some of the UK’s environmental protections could end up being ditched all together.

In a letter to Mr Jack, Scottish Environment LINK, which represents the environmental groups, said they had “considerable concerns” and also warned that the Bill could have “significant implications for nature protections in Scotland.”

They described the legislation as the “single biggest potential modification of environmental law in the UK in recent history,” warning that it could put at risk “hundreds of laws that are crucial to conserving and restoring the natural environment, as well as to protecting public health and creating a sustainable economy.”

“We are also concerned at the timescales in the Bill, as there is just over one year until the first sunsetting of retained EU law, which will amount to hundreds of environmental regulations.

They add that the legislation could hamper Scottish Government promises to “maintain or exceed EU environmental standards in areas of devolved competence” as it could derail Holyrood’s legislative timetable.

The letter goes on to say that weakening UK Habitats Regulations – “our most important wildlife protections” – could have “negative consequences for Scotland’s wildlife and wild places.”

Anne McCall, Director of RSPB Scotland, told The Herald: “The last few weeks have shown how passionately people in Scotland feel about our precious wildlife and habitats, with thousands responding to our call and writing to their MPs.

"The new Prime Minister, in his first speech, acknowledged that there is a clear public mandate to protect the environment.

"Our central concern is the totally unworkable Retained EU Law Bill, which threatens to do away with important protections for health, the environment and workers’ rights.

“It includes the habitats regulations which ensure our best sites for wildlife are not damaged by development.

“If it proceeds, this Bill will also jeopardise the timetable for important environmental legislation already planned in the Scottish Parliament, such as grouse moor licensing, the agriculture bill and natural environment bill.

"Scottish Government and parliament resources could be tied up prioritising the retention of protections that we shouldn't be losing in the first place.

"Nature and the climate are in crisis, and although the new UK government has made positive noises about listening to nature conservation bodies, actions speak louder than words, so we hope to see the UK Government revoke this Bill urgently."

Deborah Long, Chief Officer of Scottish Environment LINK described the legislation as an "attack on nature". 

She said: “We are deeply concerned over the consequences of the Retained EU Law Bill, which would force the Scottish Government to race against a ticking clock simply to keep environmental standards as they are today.

“This could have a knock-on effect on the legislative timetable, which includes vital legislation to reform farm funding and to improve the natural environment."

There is some hope of movement on the government's plans. 

Rishi Sunak has already dropped a pledge made during the leadership contest to scrap all retained EU laws within 100 days of taking office.

A Defra spokesperson said: “The UK is a world leader in environmental protection, and in reviewing our retained EU law, we want to ensure that environmental law is fit for purpose.

“We are considering this legislation in detail, retaining the laws which will help deliver our environmental and climate goals, while ensuring the UK regulatory framework is appropriate and tailored to our needs.”