Wednesday, 11 October 2017

IMPACT ASSESSMENTS

A lot of the legislation passed in this country is accompanied by an "impact assessment" to look at what the government thinks will be the effect of the proposed changes. It examines the costs and benefits as well as the potential risks. Impact Assessments are generally required for all UK government interventions of a regulatory nature that affect the private sector, the third sector and public services - see the guidance HERE.



As you would expect, impact assessments (IAs) have been produced for Brexit to gauge its impact on various sectors. The government acknowledges that there are more than fifty IAs but steadfastly refuses to publish them on the grounds it will help EU negotiators to understand our weaknesses. On Monday the PM said in the House (HERE Hansard Column 58) that the list of sectors where IAs have been prepared will be published "shortly". This is not the IAs themselves but simply a list of what they are.

David Davis is being urged to publish them in full and 120 Labour, Lib Dem and SNP MPs have now signed a letter  (HERE) which says:

“Leaving the European Union will have a huge impact on our economy for generations to come. We believe it is important that there is a full and frank debate about the impact of Brexit on our economy, jobs, trade and living standards and what can be done to mitigate risks. That is only possible if analysis of the impact of Brexit is published.”

I note the guidance says that following the IA procedure reduces the risk of legal challenges to the government. So I assume if the assessments are not published and any particular sector or sectors are adversely impacted by Brexit in a way that was foreseen but not mitigated by ministers then the government may be open to legal action.