(2) by what mechanism draft UK legislation is checked to verify whether it complies with European law; and if she will make a statement.
The Government’s policy on implementing EU directives, and the procedures which Departments are required to follow, are contained in the Cabinet Office publication “Transposition Guide: how to implement European directives effectively”. This guide states that it is Government policy not to go beyond the minimum requirements of EU directives, unless there are exceptional circumstances justified by a cost-benefit analysis and extensive consultation with business. Instances of gold-plating must be explained in the Regulatory Impact Assessment and approved by the Panel for Regulatory Accountability. Furthermore, since March 2005, there has been a requirement that Transposition Notes, which accompany UK legislation enacting EU legislation when it is laid before Parliament, should include a statement on any over-implementation that is being proposed.
The Transposition Guide will be updated in line with the relevant recommendations contained in the Davidson Report, published on 28 November 2006, in order to strengthen further mechanisms to avoid gold-plating.
Copies of the Transposition Guide are available in the Library for the reference of Members. It is also available on the Cabinet Office’s website at:
www.cabinetoffice.gov.uk/regulation/documents/pdf/tpguide.pdf