New Healthcare (International Arrangements) Bill (UK)

UPDATE : second reading is today 14 November 2018. Research briefing is here.

The UK Government introduced yesterday (26th October 2018) a Brexit Bill on the matter of international arrangements for healthcare once the UK has left the EU. The Bill and its Explanatory Notes are here.

The Bill provides the Secretary of State with powers to fund and arrange healthcare outside the UK, to give effect to healthcare agreements between the UK and other countries, territories or international organisations, such as the European Union (EU), and make provision in relation to data processing, which is necessary to underpin these arrangements and agreements.

The Bill was introduced as a result of the decision to leave the EU and is intended to enable the Government to respond to the wider range of possible outcomes of EU Exit in relation to reciprocal healthcare including the implementation of new reciprocal healthcare agreements.

A couple of aspects to note :

(1) The EU (Withdrawal Agreement) Bill (not yet lodged, and dependent on a deal being reached between the UK and the EU) would allow the UK to continue reciprocal healthcare during the Implementation/Transition Period (as provided for by the Withdrawal Agreement) following Exit day (and after the implementation period for those people covered by the Withdrawal Agreement).

But, it does not support long-term arrangements covering the general UK population after the Implementation Period. Further, the powers in the EU (Withdrawal) Act would not be sufficient for the UK to make provision in the event the UK does not reach agreement with the EU, but wishes to arrange for healthcare overseas for UK citizens, either on a unilateral basis or by means of bilateral agreements with individual countries.

(2) So the Bill provides the Secretary of State with powers which are necessary to arrange for the provision of healthcare overseas and to fund this, after the UK leaves the EU. The powers are required both in a deal and in a no deal scenario, and go beyond the EU sphere, to allow the Secretary of State to implement any new agreements on reciprocal healthcare which the UK puts in place with both EU and non-EU states should this be part of a global strategy.

(3) The powers enable the Secretary of State to address the essential matters relating to healthcare overseas, including defining individual entitlements to healthcare, and operational and administrative matters, including data sharing where necessary to facilitate treatment. This also includes being able to reimburse other states for healthcare costs, and to recover health care costs from them.

More Technical Notices (UK Brexit Preparedness)

Further Technical Notices are published today. The collection is found here.

I will be shortly adding the Brexit Law list to Cardinal Environment EHS Legislation Registers and Checklists. Please look out for the links appearing in both ENV and OHS. This Brexit Law list will be added to over the coming months.

The UK Technical Notices identify a large number of new systems, new consultations, and new processes that will be brought on stream. Please continue to follow this Blog closely.

More Technical Notices (UK Brexit Preparedness)

The UK has today (24th September 2018) published more Technical Notices, some have a slightly earlier date. The collection to date is here.

Please note in particular the new Notices issued in the topics of Importing and Exporting, and Product Labelling.

Please note there is now a Technical Notice on REACH. This only covers the registration side. Given its tone, I would envisage in the first instance Safety Data Sheets and Marketing and Use Restrictions might not alter much, if at all. I will Blog post again if there is further information issued or made available on this.

(1) The Health and Safety Executive (HSE) would act as the lead UK regulatory authority, from the day the UK leaves the EU, building on its existing capacity and capability.

(2) The new regulatory framework would: enable the registration of new chemicals through a UK IT system that is similar to the existing EU IT system; provide specialist capacity to evaluate the impact of chemicals on health and the environment; ensure sufficient regulatory and enforcement capacity in the HSE, the Environment Agency (EA) and other regulators, enabling them to recommend controls in response to the hazards and risks of substances; and provide for an appropriate policy function in Department for Environment, Food & Rural Affairs (Defra) and the devolved administrations.

(3) In a ‘no deal’ scenario the UK would not be legally committed to medium- or long-term regulatory alignment with the EEA.

Please note there is now a Technical Notice on the CTA between the UK and Ireland.

(1) If you are an Irish citizen you would continue to have the right to enter and remain in the UK, as now. You are not required to do anything to protect your status.

(2) In addition, you would continue to enjoy the reciprocal rights associated with the CTA in the same way that British citizens in Ireland would if there is no deal. These rights include the right to work, study and vote, access to social welfare benefits and health services. Where required domestic legislation and agreements would be updated to ensure that the CTA rights continue to have a clear legal basis.

(3) There would be no practical changes to the UK’s approach to immigration on journeys within the CTA: as now there would be no routine immigration controls on journeys from within the CTA to the UK. The legislation governing this approach will remain unchanged when the UK leaves the EU. So too will the legislative framework of integrated immigration laws between the UK and the Crown Dependencies. The CTA arrangements would be maintained, promoting the benefits of migration between these islands.

Please note the consultations proposed re GMOs.

Please email me if you need to discuss any matter.

More Technical Notices (UK Brexit Preparedness)

The UK has today issued further Brexit Preparedness Notices. The existing online location is updated – here.

Please note particularly :

(1) CE marking – in the “Labelling products and making them safe” group

(2) Driving

(3) BAT standards – in the “Protecting the environment” group

(4) F-gases and ODS – in the “Protecting the environment” group

(5) The three Notices in the “Travelling between the UK and the EU” group

(6) Oil and gas activities – in the “Regulating energy” group

(7) European Works Councils in the “Workplace rights” group (already issued)

Any questions, please email me.

Agriculture Bill 2017-19 (UK)

UPDATE : initial reaction from Scottish Ministers – here.

The Brexit bill – the Agriculture Bill 2017-19 was published today, its second reading is tomorrow. The document is here.

The Agriculture Bill (“the Bill”) will provide the legal framework for the United Kingdom (UK) to leave the Common Agricultural Policy (CAP) and establish a new system based on public money for public goods for the next generation of farmers and land managers. It is the first Agriculture Bill to be published in 70 years.

The Agriculture Bill includes the following:

(1) Powers to give financial assistance and move towards a new system based on paying public money for public goods. Such payments may encompass (but are not limited to) environmental protection, public access to the countryside and measures to reduce flooding.

(2) Powers to collect and share data from those within or closely connected to the agri- food supply chain. The data collected and shared under these provisions will help farmers and producers increase productivity, help producers to manage risk and market volatility, and support animal and plant health and traceability.

(3) Powers to make regulations setting and amending marketing standards for agricultural products and to make provision about the classification of carcasses by slaughterhouses.

(4) Provisions to create a domestic system of recognition of Producer Organisations to encourage collaboration amongst growers. These provisions will provide for exemptions from competition law for recognised organisations.

(5) Provisions for the Secretary of State to make regulations imposing obligations on first purchasers of agricultural products in relation to contracts with producers. This is aimed at protecting producers and consumers from unfair trading practices.

Once the Bill becomes an Act of Parliament the following provisions will extend to England and Wales only:

(1) Part 1 which relates to new financial assistance powers
(2) Part 3 which relates to the collection and sharing of data
(3) Clause 20 which relates to the power to make regulations for marketing standards and carcass classification.

Schedule 3 extends mostly identical powers to the Welsh Ministers as those conferred on the Secretary of State in Parts 1-5 of the Bill.

Schedule 4 extends similar powers to DAERA (Northern Ireland) as those conferred on the Secretary of State in Parts 2-5 of the Bill.

The rest of the Act will extend to the UK. This is because the relevant provisions:

(a) Relate to a reserved matter; or
(b) Amend, or give powers to amend retained EU legislation which will extend to the UK. Such provisions may, however, apply more narrowly to a particular jurisdiction.

Annex A gives more information. Please refer to it for details re Scotland.

Brexit Law Tracker (UK)

UPDATE (6th Sept) : it is today confirmed around half of the new statutory instruments are needed in any event, and the rest are connected with the possible new UK-EU deal.

Four Brexit laws have Royal Assent and the Customs Bill (Taxation (Cross-border Trade)) passed its second reading in the Lords last night. No progress has yet begun on the Migration Bill, but all other Bills are underway or at White Paper consultation stage.

Some 800 new statutory instruments are now expected by February.

I will commence compiling in October the Brexit Law List for EHS Legislation Registers , so please look out for that appearing in systems.

Indicative Occupational Exposure Limits (EU)

Directive 2017/164/EU – indicative occupational exposure limit values of 31 January 2017 establishing a fourth list of indicative occupational exposure limit values pursuant to Council Directive 98/24/EC, and amending Commission Directives 91/322/EEC, 2000/39/EC and 2009/161/EU (Text with EEA relevance) – is in force.

The Cardinal Environment EHS Legislation Registers and Law Checklists have the third list of indicative occupational exposure limit values. The fourth list is being added shortly.

The fourth list is based on Council Directive 98/24/EC concerning the protection of the health and safety of workers from the risks related to chemical agents in the workplace. This was the case for previous indicative lists.

Indicative occupational exposure limit values (IOELV) are health-based, non-binding values, derived from the most recent scientific data available and taking into account the availability of reliable measurement techniques.

For any chemical agent for which an IOELV has been set at European Union level, Member States are required to establish a national occupational exposure limit value. They also are required to take into account the European Union limit value, determining the nature of the national limit value in accordance with national legislation and practice.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 August 2018 at the latest.

Regarding the limit values for nitrogen monoxide, nitrogen dioxide and carbon monoxide, Member States will be able to benefit from a transitional period ending at the latest on 21 August 2023.

The 2017 Directive establishes limit values for the following chemical agents:

Manganese and inorganic manganese compounds (as manganese)

Glycerol trinitrate

Carbon tetrachloride; Tetrachloromethane

Amitrole

Acetic acid

Hydrogen cyanide (as cyanide)

Methylene chloride; Dichloromethane

Vinylidene chloride; 1,1-Dichloroethylene

Tetraethyl orthosilicate

Acrylic acid; Prop-2-enoic acid

Nitroethane

Bisphenol A; 4,4′-Isopropylidenediphenol

Diphenyl ether

2-ethylhexan-1-ol

1,4-Dichlorobenzene; p-Dichlorobenzene

Acrolein; Acrylaldehyde; Prop-2-enal

Methyl formate

But-2-yne-1,4-diol

Tetrachloroethylene

Ethyl acetate

Sodium cyanide (as cyanide)

Potassium cyanide (as cyanide)

Diacetyl; Butanedione

Carbon monoxide

Calcium dihydroxide

Calcium oxide

Sulphur dioxide

Lithium hydride

Nitrogen monoxide

Nitrogen dioxide

Terphenyl, hydrogenated

Skin absorption feature of ten substances is noted.

Of the 33 substances above, 4 were already listed in the Annex to Commission Directive 91/322/EEC, one was listed in the Annex to Commission Directive 2000/39/EC and one in the Annex to Commission Directive 2009/161/EU. The establishment of new indicative limit values was recommended by SCOEL for the above six substances listed in the Annex to this Directive. They will be deleted from the Annexes to the previous directives on 21 August 2018.

The further lists on indicative occupational exposure limit values (in Cardinal Environment EHS Legislation Registers and Law Checklists):

• Commission Directive 91/322/EEC establishing indicative limit values

• Commission Directive 2000/39/EC establishing a first list of indicative occupational exposure limit values

• Commission Directive 2006/15/EC establishing a second list of indicative occupational exposure limit values

• Commission Directive 2009/161/EU establishing a third list of indicative occupational exposure limit values

UK – the EH40 list is reissuedhere (and will be added shortly to Registers and Law Checklists)

Ditto the Ireland list is updated, and Continental European Registers and Law Checklists will have their current lists updated.