Key facts
- Environmental group Fighting Dirty is suing the UK government over proposed chemical safety regulations.
- The group claims the regulations could allow the UK to adopt hazard classifications from countries with lower standards.
- The Health and Safety Executive (HSE) is responsible for chemical regulation in Britain post-Brexit.
- The HSE had previously indicated it would recognize EU standards for hazard classifications.
- The final regulations laid before parliament omitted any mention of EU standards.
- Campaigners fear this omission grants unchecked power to approve chemicals from less regulated regions.
An environmental campaign group, Fighting Dirty, is initiating legal proceedings against the UK government, asserting that proposed regulatory changes could permit the adoption of chemical hazard classifications from countries with less stringent standards into British law. The group contends that these changes, which alter how hazardous chemicals are classified and labelled, risk weakening UK safety standards, particularly concerning carcinogens.
The Health and Safety Executive (HSE), now responsible for chemical regulation in Britain following Brexit, had consulted on plans to streamline hazard classifications. Initially, the HSE indicated it would recognize the European Union's high standards when adopting classifications from other nations. However, the regulations subsequently presented to Parliament omitted any reference to the EU.
Fighting Dirty, represented by law firm Leigh Day, argues this omission removes a crucial safeguard, potentially allowing the government to approve chemicals from countries with lower regulatory standards than the UK and EU. They cite hexavalent chromium, a known carcinogen, as an example of a substance more widely used in countries like the US, China, India, and Brazil compared to the EU.
"This is deregulation dressed up as efficiency, and the British public will pay for it with their health," stated Georgia Elliott-Smith, founder of Fighting Dirty. While the HSE maintains the regulations are designed to prevent the fast-tracking of evaluations from non-EU jurisdictions with weaker practices, campaigners like Chloe Topping of CHEM Trust express concern that the omission in the legal text could lead to future misuse.
Fighting Dirty is seeking a judicial review, urging the court to ensure that laws designed to protect public health from cancer-causing chemicals function as intended. They advocate for the precautionary principle to be applied, prioritizing citizen health over corporate profits. CHEM Trust has called for clarification in the legal text, specifying that the changes are intended solely to expedite the adoption of EU decisions, which represent the highest global standards in chemical safety.