British prime minister Theresa May triggered Article 50 of the Lisbon Treaty on Wednesday, beginning the two-year process in which the U.K. must negotiate an agreement for its withdrawal from the European Union. During this process, the U.K. government must decide the most efficient way to keep, repeal, or amend the thousands of EU regulations on the books.
One day after May triggered Article 50, the U.K. announced its intent to repeal the European Communities Act of 1972, which grants supremacy to EU law over U.K. law, and introduce a Great Repeal Bill that will incorporate EU law into U.K. law. Having imported the whole kit and caboodle, the British Parliament will begin the arduous task of scrapping any statutes it considers superfluous.
Iain Murray, co-author of “Cutting the Gordian Knot” and the vice president for strategy at the Competitive Enterprise Institute (CEI), argues that the “Great Repeal Bill will begin what may prove to be the greatest deregulatory endeavor undertaken by any modern government.” But that deregulatory effort will be successful only if Parliament chooses to cut these overbearing regulations; otherwise, these same laws will simply be enforced by legislators in Westminster rather than EU bureaucrats in Brussels.
Here, the “how?” is as important as the “what?” Asking Parliament to vote to keep, repeal, or amend each law separately would be impractical and could take years. In practice, such an approach would likely lead to few laws’ being repealed. In consequence, Murray and his colleague Rory Broomfield argue that the British government should establish a Royal Commission on Regulatory Reduction and assign it the daunting job of deregulation. The committee would be chaired by a current or former justice of the Supreme Court of the United Kingdom, and members would represent both the governing and opposition parties.
The commission “would essentially depoliticize the process of regulatory reduction,” Murray tells National Review. Each year, it would provide regulatory revisions to be voted on by Parliament — and, to keep the process efficient, members of Parliament would be prohibited from amending the commission’s proposal.
If such a commission is formed — and if, as Murray hopes, it ends up successfully repealing a quarter of the regulations imported from the EU — the U.K. economy would save between £33 billion ($43 billion) and £140 billion ($182 billion) annually.
There is a lot of work to do before Britain reaches that point. The U.K. “won’t be able to cut the rules until they are formally out of the EU,” Murray says. Thus, as the U.K. moves toward a deal that restores sovereignty to the British people, U.K. leaders such as Theresa May must decide sooner rather than later how they expect Brexit will impact the economy, the environment, trade negotiations, and more.