Secondary Legislation
As set out in the Government’s Contingency Action Plan and in the Update published on 30 January 2019, work has progressed in parallel to the Brexit Omnibus Bill on the required secondary legislation.
Today Government noted the 21 issues where secondary legislation is required in a no deal scenario. Following detailed engagement by each Department on its areas of responsibility with the Attorney General’s Office, 21 statutory instruments will be ready to be enacted before 29 March in a no deal scenario.
In general, statutory instruments will be required to give more detailed effect to some proposals in the Brexit Omnibus Bill, including the Common Travel area. They are also required in the case of certain contingency measures agreed at EU level and some work being progressed at national level. Statutory instruments will also be necessary to facilitate recognition of certain qualifications when the UK’s legal status changes to that of a third country.
The full list (see below) includes statutory instruments to give effect to the Common Travel Area arrangements, in the areas of Health and Social Protection. Similar secondary provisions are proposed in relation to the Omnibus Bill provisions on VAT, including on deferred VAT accounting, a significant business support measure. The proposed order in the area of extradition is also necessary to give practical effect to the contingency approach to extradition proposed in the Omnibus Bill.
The list of secondary legislation also includes certain areas where contingency measures have been agreed at EU level (such as vehicle type approval, dual use export authorisations and clearance of uncertificated securities) and may need a legislative base to be brought into effect in Ireland. When the UK becomes a third country, animal plant and food products arriving by ferry will need to be notified in advance of their arrival in Ireland, and new regulations will provide for this in a no deal scenario. Secondary legislation will also provide support to contingency measures being progressed at a national level, including for example the development of new infrastructure at ports and airports.
The third main area in which secondary legislation is required in a no deal scenario is to facilitate recognition of qualifications when the UK becomes a third country. This is reflected in the regulations proposed, for example, on recognition of ‘Safepass’ for construction workers, and solicitor qualifications.
List of secondary legislation ready to be enacted before 29 March[1] in a no deal scenario
| Secondary Legislation | Description | |
| 1 | Ministerial orders /Statutory Instrument(s) – Health | Detail regarding maintenance of current arrangements in the Health area will be set out in SIs. |
| 2 | European Union (National General Export Authorisation) Regulations 2018 | Provides a National General Export Authorisation for IE exports to UK of certain Dual-Use items. |
| 3 | Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2019 | Provision to ensure that UK equivalent to ‘Safepass’ can be recognised and provision to recognise UK equivalent of Construction Skills Certification Scheme registration card. |
| 4 | Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations 2019 | Ensure provision to recognise UK equivalent of Quarry Skills Certification Scheme registration card. |
| 5 | Safety, Health and Welfare at Work (Diving) (Amendment) Regulations 2019 | To enable HSA make agreements to recognise certs of medical fitness to dive w/other EU & third countries. |
| 6 | Safety, Health and Welfare at Work Act 2005 (Recognition Agreement) Order 2019 | To confer on the Health and Safety Authority the power to enter into agreements in regard to professional qualifications. |
| 7 | Companies Act 1990 (Uncertificated Securities) (Amendment) Regulations 2019 | To recognise the United Kingdom as a competent authority to approve persons to operate a relevant system. |
| 8 | European Union (Fluorinated Greenhouse Gas) (Amendment) Regulations 2019 | To provide, in the event that there is a Withdrawal Agreement, for recertification in Ireland of persons in the F-Gas sector who were previously certified in the UK. |
| 9 | Amendments to the Value-Added Tax Regulations 2010 (S.I. No. 639 of 2010) which are amended by the Value Added Tax (Amendment) Regulations 2012 (S.I. No. 458 of 2012). | Change to Regulation 37 of the VAT Regulations 2010 to provide that VAT refunds to third country businesses would only apply where there is a reciprocal arrangement in place for refunds with the third country. |
| 10 | Amendments to the Value-Added Tax Regulations 2010 (S.I. No. 639 of 2010) which are amended by the Value Added Tax (Amendment) Regulations 2012 (S.I. No. 458 of 2012). | Following on from the amendment to Section 56 of the VAT Consolidation Act 2010, this Regulation change specifies conditions to be included on application for the scheme, including confirmation of tax compliance, record keeping and non-conviction. |
| 11 | Amendments to the Value-Added Tax Regulations 2010 (S.I. No. 639 of 2010) which are amended by the Value Added Tax (Amendment) Regulations 2012 (S.I. No. 458 of 2012). | Following on from the introduction of postponed accounting, this Regulation change provides for the requirements, conditions and restrictions necessary for qualification for the scheme, including furnishing to Revenue documentation and financial transactions entered into. |
| 12 | European Union (Regulation of Railways) (Amendment) Regulations 2018 | Access to the Rail Market. |
| 13 | SI 158 of 2009 European Communities (Road Vehicles: Type-approval) (Amendment) Regulations 2018/2019 | To allow transfer of type-approval from one authority to another allowing manufacturers of vehicles, systems, components and separate technical units to obtain new approval and continue selling, registering and entry into service of those items. |
| 14 | Convention on Social Security between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland Regulations 2019 | To provide legal basis for reciprocity of social welfare rights/entitlements. |
| 15 | Amendments to Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (SI 142 of 2007) | To include references to the UK where required. |
| 16 | Regulation under the Protection of Employees (Employers’ Insolvency) Act 1984 | Transfer of data for the purposes of the insolvency payments scheme. |
| 17 | European Arrest Warrant Act 2003 (Designated Member States) Order 2019 | To remove the UK from the list of designated member states of the EU for the purposes of the European Arrest Warrant system. Order to be made under section 3 of the European Arrest Warrant Act 2003 removing the UK from the list of designated states set out at the schedule to the European Arrest Warrant Act 2003 (Designated Member States) Order 2004, SI No 4/2004. |
| 18 | European Communities (International Protection) (Safe Third Country) Regulations 2019 – safe third country | To designate the UK as a safe third country after Brexit for the purpose of processing international protection claims. |
| 19 | SI on recognition of UK solicitor qualifications | Recognition of UK solicitor qualifications. |
| 20 | European Union (Planning and Development) (Environmental Impact Assessment) (Amendment) Regulations 2019 | The Regulations will facilitate the use of emergency orders in relation to the provision of large-scale infrastructure at Dublin and Rosslare Ports, and ensure the necessary environment assessments are undertaken, if required. |
| 21 | European Communities (Amendment of Pre-notification of Imports) Regulations 2019 | This SI reduces the period for pre-notification of imports subject to sanitary and phytosanitary checks coming from third countries to 24 hours where those imports enter the State via Roll on Roll off ferries. |
