RE: Fed not alone in spoofing the people!26 Feb 2023 11:35
Petroc, UK law: What proportion is influenced by the EU?
n brief: Simply counting laws does not consider that some laws have more impact than others. Quoted figures have varied wildly from under 10% to 70%. It's possible to justify many of these, depending on which definition of 'UK law' you look at, but those at the higher end count EU rules that aren’t really laws in any meaningful sense.
Counting the uncountable
It makes little sense to treat major Acts of Parliament such as the 457-page Health and Social Care Act 2012 which reformed the whole NHS the same as, say, three pages of technical regulations on VAT fraud.
The House of Commons Library has warned that "there is no totally accurate, rational or useful way of calculating the percentage of national laws based on or influenced by the EU."
So no set of figures can give us a good measure of the influence of the EU on law in the UK.
It’s more meaningful to look at specific sectors and areas of law.
In agriculture, fisheries, external trade, and the environment, it’s fair to say that EU legislation and policy is indeed the main driver of UK law and policy, although the UK retains some freedom of action in these areas.
In other important areas—for example, welfare and social security, education, criminal law, family law and the NHS—the direct influence of the EU is far more limited.
Estimates range from 13% to 65%, although all have problems
In 2010, the House of Commons library published a comprehensive analysis of the variety of ways this percentage can be calculated. There are difficulties with all measurements, but it concluded "it is possible to justify any measure between 15% and 50% or thereabouts".
Since then, part of its analysis has been updated, and other estimates have been produced, for example by the campaign group Business for Britain.
The figures depend on which UK law is included in the calculation, and the extent of 'EU influence' are the key factors.
There’s no single definition of ‘UK law’. Rules made by judges have the force of law, for example, but counting them up is probably impossible.
Those aside, the main types of laws in the UK are Acts put in place by the UK Parliament, rules and regulations drawn up by ministers known as Statutory Instruments, and regulations produced by the EU which apply automatically.
An estimated 13% of Acts and Statutory Instruments have an EU influence, whereas that rises to 62% when EU regulations are included in addition to Acts and Statutory Instruments.
So simply counting up the variety of 'EU influenced' UK laws, which vary from Acts to protect against terrorism through to restrictions on Moldovan milk, does not provide a conclusive picture.
The other thing to bear in mind is that in areas for which the EU is responsible, EU laws override any conflicting laws of member countries. So there’s an overall influence in these areas that is harder to count.
Cont