In the wake of Brexit, British companies are battling to adapt to this brave new landscape. The transition is no easy feat. Perhaps unsurprisingly, the shift has dramatically impacted the chemical regulation sector, leading to delays, problems, and overlooked details. In the following article, environmental lawyer and sustainability advocate, Rachel Pickles, shares her view of why we need a dedicated Chemicals Agency in the United Kingdom.
An Efficient Approach to Chemicals Regulation
Prior to Brexit — and the turmoil that ensued — the United Kingdom was subject to the EU REACH regulation. However, when the country left the EU, this legislation no longer applied to the domestic region. For that reason, we registered under UK REACH instead.
According to the government statement, “It included transitional provisions to help industry with the move from the European Union (EU) to the domestic regime. Registrations made under the EU regime were transferred into the domestic regime, with a requirement for registrants to provide the Health and Safety Executive with an initial notification.”
The case for a UK-centric Chemicals Agency first appeared last year. At that time, expert and EA board member, Nigel Haigh, wrote a compelling letter to the Department for Environment Food & Rural Affairs (DEFRA). Within it, he argued that “the UK’s primary legislation on chemicals is no longer fit for purpose” while also proposing that we needed a new approach to chemicals regulation in this country.
It’s important to note that we, as a country, have been awaiting a Chemicals Strategy for a matter of years. In fact, we are now in year four of delays, as a direct result of ongoing disruptions, policy changes, and turbulence in the sector. As a result of these mounting issues, the Department for Environment Food & Rural Affairs (DEFRA) asked Nigel Haigh to share his vision for the future of such policies as part of the UK Chemical Stakeholder Forum (CSF). The bold move was backed by a variety of industry leaders at this time.
More Chemical Controls to Be Applied
When presenting his ideas for the future, Nigel Haigh, said that we currently don’t have a fitting UK chemicals strategy. However, he has also suggested that we need to be selective about the policies we put in place in the coming years. It all rides on the upcoming chemicals strategy. In an interview, he stated to the ENDS report “any strategy worthy of the name must discuss all the points along the commercial and environmental life-cycle of chemicals at which monitoring takes place and controls are applied.”
“At present no one is responsible for looking at the whole life-cycle. Someone should be responsible and that someone can be called a Chemicals Agency,” he continued.
According to him, a UK-centric Chemicals Agency could take charge of managing the UK REACH and ensuring that the legislation is correctly put into practice. The agency would work in much the same capacity as the Health and Safety Executive (HSE). He also suggested that this policy change would need to work alongside a new Chemicals Act. The latter would allow the Chemicals Agency to oversee chemical data and periodically publish its findings. This would create a seamless ecosystem overseeing UK chemicals.
While there may be naysayers, Nigel Haigh is confident in this proposal. “A lot of people said to me, nice idea, but this is unrealistic, it won’t happen,” he recently explained. “Well, for so many things I’ve been involved in my long career in the environment, people have said that. Some do happen, but they may take a long time. You’ve to work at it.”
Nigel Haigh is not the only expert to have backed the notion of a UK Chemicals Agency. RCS Policy Advisor Stephanie Metzger has also supported this idea, noting that the agency would need to act independently and not as part of the wider British government. “Chemicals, pollution, and things like that are a worldwide problem, they don’t respect borders so it’s important to be able to coordinate with our partner countries,” she said.
Conclusion
The jury is still out on whether we will have a UK-based Chemicals Agency. However, it is my recommendation, along with countless experts in the field, that this move would lead to a smoother overall experience. The creation of such an agency would allow us to have greater jurisdiction over the existing regulatory processes via a body acting independently of the government.
At present, the United Kingdom is using somewhat fragmented policies to dictate the chemicals regulation. The ramifications of Brexit and the subsequent changes in legislation have jeopardised the status quo. For that exact reason, we must act quickly if we want to create a chemicals regulation system that is watertight and ubiquitous.
About Rachel Pickles
Rachel Pickles is an award-winning environmental lawyer and sustainability advocate. She holds a Masters of Law (LLM) with honours from the University of Bristol Law School in 2016 and a law degree from the University of Edinburgh.
She’s worked in private practice since 2019, dealing with high-profile litigation cases with non-governmental organisations (NGOs) and regulatory bodies including the Environment Agency. Her career has focussed on environmental issues including conservation, pollution, and wildlife protection. As such, she has written highly-respected legal papers on the topics which have gained traction among her peers.
Backed by her foundation of knowledge in Corporate Social Responsibility, she has expertly advised business leaders and CEOs on how to become more sustainable. She is an outspoken advocate on the prevention of climate change, deforestation, and Ozone layer depletion. She also subscribed to a range of organisations including the Legal Sustainability Alliance, Lawyers for NetZero, and the Law Firm Sustainability Network.
Rachel is working on her first book, entitled “Net Zero to One Hundred: Advice on How FTSE 100 Companies Can (and Should) Be Saving the Planet.” She currently lives in Walthamstow, London with her long-time partner, three children, and a Cocker-spaniel.
