Brexit: Environment and Climate Change — House of Lords, 2017-03-23
Topic: Environment
John Eric Gardiner (Conservative, Centre-right): My Lords, I thank the noble Lord, Lord Teverson, and the sub-committee for holding this inquiry, and for the opportunity for this thought-provoking debate today. Although this has predominantly been an environment and climate change debate, I should declare my farming interests as set out in the register. There have been a number of questions that I would like to reflect upon and, given the hour, write a more detailed reply to. Any questions that I am not in a position to attend to, I shall of course respond to in writing to your Lordships The committee highlights the scale and complexity of repatriating environmental policy as we exit the EU. This is not something that the Government underestimate—and the noble Lord, Lord Teverson, elaborated on the range of issues at large. As the committee’s report indicates, it is of vital importance that policy stability is provided as we leave the EU and that no legislative gaps or uncertainties are created. To provide this stability, as noble Lords know, the Government have set out our plans for a repeal Bill that will convert current EU law into domestic law. We will ensure that the environment is properly protected in law and that—I emphasise this—the whole body of existing EU environmental law continues to be given effect in the law of our country, either as it stands or in a manner that ensures that it works as a UK regime The department is continuing its work on the operability assessment of EU legislation following exit. This is a matter of process—and I understand the issue, which has arisen before, about one-third and two-thirds. I emphasise that this work is to ensure that the whole body of EU environmental law continues to be given effect in the law of the UK. As I say, it is about ensuring the manner in which it works as a UK regime This is also in conjunction with our manifesto pledge to leave the natural environment of this country in a better state than we found it. We want to design an effective approach to driving environmental improvement, tailored to the needs of our country. We will continue to explore the scope for new approaches to regulation which deliver better environmental outcomes, in the context of our commitment to developing a 25-year plan for the environment The noble Lord, Lord Teverson—and perhaps the majority of your Lordships—found this more a challenge than an opportunity, but I do think that there are opportunities that we should grasp. We should be positive about our joint determination to improve the environment of this country. That is a great opportunity for us all to work on The committee considered the role played by EU institutions in ensuring effective enforcement of environmental protection and standards—I listened very carefully to what the noble Baroness, Lady Sheehan, said—but the UK has always had a strong legal framework for environmental protection which predates our membership of the EU and the oversight provided by its institutions. I was going to refer to the Clean Air Act 1956 as a first example, but my noble friend Lord Caithness took us as far back as the 19th century, when we gave a lead I say to the noble Lord, Lord Grantchester, in particular, that we were the first country in the world to introduce legally binding emission reduction targets through the Climate Change Act 2008. Our commitment to the environment can be seen through our action in extending the blue belt: 23 new areas were designated as marine conservation zones only last year. The blue belt now covers more than 20% of English waters, and our record for waters around our overseas territories is also impressive In considering the future enforcement mechanism for environmental law, we should recognise the fundamental roles of Parliament, the UK courts and, indeed, the electorate. Parliament is the UK’s supreme law-making body. As we have seen, particularly in this Chamber, it holds Governments to account by questioning and challenging the laws they seek to make and amend. Parliament in turn is accountable to the electorate. Our system of judicial review and its body of public law enables any interested party to challenge the decisions and actions of the Government through the UK courts I very much regret the lack of confidence of the noble Baroness, Lady Featherstone, in what I believe are our exceptional UK institutions. The noble Lord, Lord Grantchester, referred to the Thames Water case and the fine of £20 million. I listened very carefully to the commentary of the Environment Agency spokesperson. It shows exactly that such environmental issues are taken with extreme seriousness and rigour in our domestic courts Countries that are not EU members are well capable of driving environmental improvements in their countries. Many countries around the world with strong environmental records would think it extraordinary if we were to say to them, "By the way, you need a supranational body and court to ensure that you behave yourself". They would feel extremely insulted. I will give way, but time is short.