UK '˜must remain vigilant on EU laws even after Brexit'

The British Government must continue to oppose the introduction of new European laws that are not in the UK's 'national interests', a group of MPs warn today, as they argue that Brexit is not an excuse for ministers to take their eye off the ball.

The latest report from Parliament’s European Scrutiny Committee claims that although Britain may be on its way out of the EU, it is vital that the country maintains a high level of engagement with day to day business of the trading bloc to ensure the most favourable terms for its exit.

The warning follows suggestions by the UK’s former ambassador to the EU, Sir Ivan Rogers, that there has been a “diminution of... attention and effort” in Whitehall towards Brussels in the months following the referendum.

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The committee also expresses concern about the capacity of Government departments to continue scrutinising new and existing European legislation “competently” whilst also juggling the demands of Brexit negotiations.

“While Ministers are clearly and commendably committed to playing a full part in continuing negotiations, the challenges of delivering this at the same time as Brexit are considerable,” the report states. “Whitehall departments... have naturally been challenged by the need to respond to the referendum result.

“The European Union is not standing still while the UK negotiates Brexit. Legislation and policy continue to be developed and to progress through the system.

“Whether or not changes at EU level involve the UK directly, they may make a significant difference to the context of negotiations.”

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The report’s publication follows a visit to Downing Street by the European Council President Donald Tusk to discuss the next stages for Brexit negotiations.

The meeting marked the first time the two leaders have spoken face to face since Theresa May trigger Article 50 last month.

Its release also follows the publication of the Great Repeal Bill white paper, which sets out how the Government aims to avoid a legislative “cliff-edge” after Brexit by transposing all existing EU regulation into UK law.

Presenting the document to the Commons last month, Brexit Secretary David Davis stated that the Bill will also transfer European case law which “will be frozen at the point when we leave”

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The select committee argues that the legal framework and policies adopted or under discussion at EU level will therefore continue to affect UK for at least the next two years – and potentially long after. It calls on the Government to continue engaging with the EU and be “more open about its attitude” to new European policies, including voting against proposals “it considers to be against the national interest”.

“The Government should come to a clear view on where the national interest lies in relation to each dossier, and ensuring that view is communicated... to our European counterparties,” said committee chairman and Tory MP Bill Cash. “The Government may consider that there will be occasions when it feels it should vote against proposals it considers to be against the national interest, rather than allowing agreement by consensus.”

In his evidence session with the committee earlier this year, Sir Ivan told MPs that in the six months following the EU referendum he had seen “a diminution of Whitehall attention and effort on day to day” policies. He said: “I had many of my officials coming to me... saying ‘We had no instructions in this area... I am not clear what our position is’.”

The committee claims it “noticed the same trend” in the information the Government provided for the inquiry. But it adds that his replacement in Brussels, Sir Tim Barrow, has “assured us that departments were now providing negotiating instructions satisfactorily, and we trust departmental engagement with the scrutiny system will similarly improve”.