Who will be responsible for what after Brexit?
Chief reporter Martin Shipton enumerates the 64 powers that will return from the EU after the split
HERE is the list of 64 powers returning from the European Union at the point of Brexit that, according to the UK Government, “intersect with the devolution settlement in Wales”.
The Welsh Government is concerned about the possibility of a “power grab” by Westminster and says there is a need for full discussion between the two administrations about how things will work in the policy areas after Brexit.
Ten UK Government departments and bodies have been identified as having responsibility for the powers so far as England is concerned. As yet there is no clarity about the extent to which Westminster will seek to insist that it has overall control of the powers. The extent to which the Welsh Government will have a say in future arrangements once the UK has left the EU is also unclear.
In most cases the powers are selfexplanatory. Some, for example those relating to human tissues and organs, concern ethical regulations made by the EU that have already been incorporated into UK law.
Department for Business, Energy and Industrial Strategy 1. Carbon Capture & Storage. 2. Efficiency in energy use. 3. Environmental law concerning energy planning consents. 4. Environmental law concerning offshore oil and gas installations within territorial waters. 5. Implementation of EU Emissions Trading System. 6. Mutual recognition of professional qualifications. 7. Onshore hydrocarbons licensing. 8. Radioactive Source Notifications – Transfrontier shipments. 9. Radioactive waste treatment and disposal. 10. State Aid.
Cabinet Office 11. Public sector procurement. 12. Statistics. 13. Voting rights and candidacy rules for EU citizens in local government elections.
Department for Communities and Local Government. 14. Environmental Impact Assessment (EIA) Directive. 15. Energy Performance of Buildings Directive. 16. Hazardous Substances Planning. 17. Strategic Environmental Assessment (SEA) Directive.
Department for Digital, Culture, Media and Sport 18. Elements of the Network and Information Security (NIS) Directive. 19. Provision in the 1995 Data Protection Directive (soon to be replaced by the General Data Protection Regulation) that allows for more than one supervisory authority in each member state.
Department for the Environment, Food and Rural Affairs 20. Agricultural Support. 21. Agriculture – Fertiliser Regulations. 22. Agriculture – GMO Marketing & Cultivation (not food/feed law, see FSA return). 23. Agriculture – Organic Farming. 24. Agriculture – Zootech. 25. Animal Health and Traceability. 26. Animal Welfare. 27. Environmental quality – Air Quality. 28. Environmental quality – Biodiversity – access and benefit sharing of genetic resources (ABS). 29. Environmental quality – Chemicals. 30. Environmental quality – Flood Risk Management. 31. Environmental quality – International timber trade (EUTR and FLEGT). 32. Environmental quality – Marine environment. 33. Environmental quality – Natural Environment and Biodiversity. 34. Environmental quality – Ozonedepleting substances and F-gases. 35. Environmental quality – Pesticides. 36. Environmental quality – Spatial Data Infrastructure Standards. 37. Environmental quality – Waste Packaging & Product Regulations. 38. Environmental quality – Waste Producer Responsibility Regulations. 39. Environmental quality – Water Quality. 40. Environmental quality – Water Resources. 41. Fisheries Management & Support. 42. Food Compositional Standards (not hygiene / safety – see FSA return). 43. Food Geographical Indications (Protected Food Names). 44. Food Labelling. 45. Forestry (domestic). 46. Land use. 47. Plant Health, Seeds and Propagating Material.
Department for Health 48. Blood Safety and Quality. 49. Elements of Reciprocal Healthcare. 50. Free movement of healthcare (the right of EEA citizens to have their elective procedure in another MS). 51. Good laboratory practice. 52. Nutrition health claims, composition and labelling. 53. Organs. 54. Public health (serious cross-border threats to health) (notification system form pandemic flu, Zika etc). 55. Tissues and cells (apart from embryos and gametes). 56. Elements of Tobacco Regulation.
Department for Transport 57. Harbours. 58. Rail franchising rules.
Food Standards Agency 59. Food and Feed Law (Food and feed safety and hygiene; food and feed law enforcement (official controls); food labelling (Defra, DH and FSA all have responsibilities for different parts); Commission consents. Government Equalities Office 60. Equal Treatment Legislation.
Health and Safety Executive 61. Chemicals regulation (including pesticides). 62. Control of major accident hazards. 63. Genetically modified microorganisms contained use (ie rules on protection of human health and the environment during the development). 64. Ionising radiation.