UK Plans to Adopt EU Single Market Rules Without Full Parliamentary Approval

The UK government is planning to introduce legislation that could allow the adoption of EU single market rules without a full parliamentary vote, as part of a broader effort to reset relations with the EU. This move is expected to be part of a new bill that will bring into force a food and drink trade deal with the EU, and will contain powers enabling the government to dynamically align with Europe on areas where it has already made agreements.

The bill will utilize so-called Henry VIII powers, which allow ministers to approve laws without full scrutiny from parliament using secondary legislation. This means that parliament can either approve or reject secondary legislation, but cannot amend it, likely resulting in MPs "rubber-stamping" new deals rather than debating and voting on every one.

Government Rationale

Ministers argue that this move will promote trade without breaking the government's red lines on rejoining the customs union, single market, or returning to freedom of movement. They claim that the bill will cut red tape and costs for businesses, allowing agreements on sectors such as food and drink, automotive agreements, and security and migration information sharing to be implemented more quickly.

A government source stated that the move is a recognition of the importance of the UK's trading relationship with the EU and a tacit acknowledgment of the economic damage caused by Brexit. The source noted that the EU is the UK's largest trading market, with almost half of the UK's total trade being with the EU in 2024.

Criticism and Opposition

However, critics argue that this move could amount to "integration with the EU by stealth", without the voting or veto rights conferred by membership of the bloc. Prof Anand Menon, director of the thinktank UK in a Changing Europe, said: "Changes to UK regulations should be debated in parliament and thrashed out by politicians. The reality of this is we are signing up to a deal with the European Union that commits us to follow their rules, whether we like it or not. The danger is you're doing integration with the EU by stealth."

Menon recognized the challenge facing the government if every regulatory alignment had to be debated, stating: "That's the ugly trade-off of Brexit. You're trading political control against economic access, without having a vote in the room."

The introduction of the sweeping powers is likely to put the government on a collision course with opposition parties, with the shadow business secretary, Andrew Griffith, saying: "Parliament reduced to a spectator while Brussels sets the terms is exactly what the country rejected. Labour's dire management of the economy has driven Starmer scurrying to Brussels to distract from his own failings."

A government spokesperson said that parliament will play its full constitutional role in scrutinizing, debating, and shaping the legislation, which will allow the government to deliver a food and drink trade deal worth £5.1bn a year, backing British jobs and slashing costly red tape for farmers, producers, and businesses.