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European Communities (Deregulation) Bill (T) [Failed Bill 2003/04 Session]
"The Bill is intended to introduce a new procedure in relation to regulations introduced pursuant to European directives."
Introducing his ten-minute rule Bill, Djanogly said:
"It has to be said that not all regulation affecting business is down to Europe. Examples of recent UK-inspired legislation affecting business in a significant way include the climate change levy and the aggregates tax. Those are very much creatures of our government's devising.
"However, excessive European legislation has become a growing political issue in the UK, where the CBI, the Institute of Directors, the British Chambers of Commerce and the Corporation of London, to name but a few, have all been heavily critical of the way in which rules are being applied, particularly without due regard to the cost of their implementation."
He continued:
"The current government have announced at various times that they will look into regulation, but never to much avail. It is important to realise that on its own, a deregulatory approach cannot reduce, or is very unlikely to reduce, the net amount of regulation, because regulations are continually being produced at a faster rate than they are being reviewed.
"The Bill that I am proposing today is designed to close this gap by introducing the right for businesses, individuals and public bodies alike to seek a declaration by the courts that UK regulations enacted under section 2 of the 1972 Act are ineffective, to the extent that their provisions go beyond the basic minimum required by Community law, first, where UK regulations contain burdensome regulations that are not required by Community law; secondly, where other member states have not implemented certain provisions of European law; or thirdly, where other member states have implemented such provisions in a less burdensome way.
"Such a declaration could be applied for by affected individuals or businesses in the administrative courts, as well as in any civil or criminal proceedings through which a person is prosecuted or sued for breach of such a regulation."
Progress
House of Commons
First reading: February 4 2004 (HC Bill 48)
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