European Laws Following Article 50

Tuesday, 17. January 2017

What happens to the laws being introduced by the EU after Prime Minister May has started the Brexit process by enacting Article 50? Over the next couple of years, called the transition period, the EU will impose laws on all member countries but where does it leave us as we will still be part of the EU for two years after Article 50 is passed through parliament?

Take the European Court of Justice ruling in the Vnuk case. A Slovakian man was injured when a tractor reversed into a ladder that Mr Vnuk was on. Insurers refused to pay up as the accident happened on private land so it was up to Mr Vnuk to sue the driver privately for his injuries.

His claim went through the courts and failed at eac level until it was referred to the European Court of Justice. The European Court of Justice ruled in 2014 that it was compulsory for all vehicles to have insurance, whether on the road or not, and whether used as a vehicle or machine, which should have therefore protected Mr Vnuk.

The EU’s Motor Insurance Directive states that vehicles such as lawnmowers, disability scooters and golf buggies should all carry insurance, much to the annoyance of our own insurance industry. The Government is, as a result, consulting about changes to the Road Traffic Act in order to meet the EU regulations.

Having expressed concerns regarding the cost of conforming to the EU regulations it would seem that as we are expecting to be outside the EU when the changes have been formalised the lawmakers have introduced a ‘sunset’ clause which means that changes to our current laws, as a result of this directive, can be immediately ditched the minute we Brexit. What a waste of time and money.

The question is how many more regulations will be introduced with ‘sunset’ clauses incorporated into the UK laws before we fully exit the EU? And where do we stand when European workers come into the UK to work on farms and experience similar accidents, will we need regulations to cover UK workers and others to cover EU workers and will UK workers be happy to be refused the same protection as those working in EU countries? And so my concerns about the full implications of Brexit continue. By Graham Hill

The Effect Of Brexit On Air Quality – A Warning!

Tuesday, 22. November 2016

If, like me, you are worried about the damage that pollution is doing to our environment and to the health of our children then Brexit carries with it some additional concerns. The Government has lost a legal battle in the High Court against environmental campaigners over pollution levels and now have to take action by drawing up more ambitious plans to reduce emissions.

The ruling by the High Court was the result of an appeal by the Government over a Supreme Court ruling in favour of environmental lawyers, ClientEarth who successfully argued that the Government had continually failed to tackle the national air pollution crisis.

Mr Justice Garnham, presiding over the High Court case, said that the Government had continually failed to take steps to bring the UK into compliance with European pollution laws, and that they should take steps, as soon as possible, to correct the situation. However, this is fine whilst we are within the EU but when we are outside will the Government be as keen as the Europeans to keep pollution under control?

I somehow have my doubts which must be a worry to those of us who believe, unlike president elect Trump, that humans are the biggest contributors to the high pollution levels we see around the world, through the poorly controlled burning of fossil fuels. What a doughnut! By Graham Hill