Moved by
Baroness Jones of Whitchurch
31: After Clause 37, insert the following new Clause—
“Non-regression in relation to environmental and animal welfare matters
After section 16 (maintenance of environmental principles etc.) of the European Union (Withdrawal) Act 2018 insert—
“16A Non-regression in relation to protected matters
(1) Any action taken by or on behalf of a Minister of the Crown under—
(a) this Act, or
(b) any other enactment, for the purposes of or in connection with the withdrawal of the United Kingdom from the EU,
is unlawful if it is intended to have, or in practice is reasonably likely to have, a regressive effect in relation to the protected matters.
(2) A public authority exercising a function in respect of a protected matter must not exercise that function in a way that is intended to have, or is reasonably likely to have, a regressive effect.
(3) Regulations may not be made under this Act if they are intended to have, or are reasonably likely to have, a regressive effect.
(4) The protected matters are—
(a) the environment,
(b) food safety standards,
(c) registration, evaluation, authorisation and restriction of chemicals, and
(d) animal welfare.
(5) For the purposes of this section an effect shall be considered regressive if it—
(a) reduces a level of protection provided for in retained EU law, or
(b) weakens governance processes associated with that protection.””
Member’s explanatory statement
This amendment prevents Ministers from using powers relating to EU withdrawal to diminish protections in retained EU law relating to the environment and animal welfare.