Last week a House of Lords Committee published a paper outlining recommendations to ensure environmental protections are not eroded as a result of Brexit, following reports from MPs’ Committees, notably January’s inquiry and call for a new Environmental Protection Act from the Environmental Audit Committee (EAC).

The latest of a spate of papers from government and policy groups, the Lords’ paper comes from the EU Energy and Environment Sub-Committee, which is looking at various implications of the UK’s decision to leave the EU in a series of reports.

The report notes that the EU is the source of the majority of environmental law in the UK; in particular, the UK’s work to tackle climate change is entangled with EU legislation. However, last year, giving evidence to the EAC, environment secretary Andrea Leadsom acknowledged that between a third and a quarter of environment law would be difficult to transfer directly from EU law into the UK statute, as per the government’s plans, even suggesting that some laws need technical attention and some could “fall away” over the course of the shift.   

The Lords warn that the UK's withdrawal from the EU stands to have a significant impact on environment and climate change policies in particular, whilst the effects of climate change will ignore borders. They note that the UK and EU will continue to be affected by one another’s climate and environment policies.

Echoing earlier papers that look at the issues Brexit will bring, the Lords express concerns for maintaining environmental protection after Brexit. They note that, even if a transfer of laws through the Great Repeal Bill comes off successfully, there could be a vacuum with no UK-specific bodies to enforce laws. A lot of EU legislation relies on the European Commission and Court of Justice to keep member states compliant with laws, but without these bodies there will be no-one to ensure the government meets its own targets. the Lords said this is particularly important “Given the significant impact those institutions [the Commission etc.] have had on the UK's compliance in the past.”

Making recommendations in the report, Peers on the Committee say the UK government should look now at areas where the Great Repeal Bill won’t offer the same protections or a continuity of environment policy. They note that “Stakeholders are now concerned that environmental protections and ambitions will be diminished” as Brexit goes ahead.   

The Lords urge the government to introduce independent bodies or mechanisms to ensure that the UK remains compliant with its environment and climate change targets, to replace the loss of the EU’s executive bodies, and recommend ministers begin to explore diplomatic avenues to maintain the UK’s influence in climate negotiations post-Brexit. They say government self-regulation won’t be enough in this area, but suggest it will be down to Defra to design the new regulatory bodies, as well as handling the mammoth task of repatriating and redesigning the Common Agriculture Policy for the UK.

Commenting on the report's release, CLA President Ross Murray said, “We are pleased to see the Lords agree with our call for policy stability during Brexit and in the immediate aftermath. Security of legislation is crucial in order to give public authorities and private investors the confidence to make long-term decisions. Investment by farmers and landowners is critical in maintaining high standards for on-farm environmental work.

“A replacement for the CAP must build on the progress in environmental protection that has been made in the past few decades, and we would ask the Government to clarify how they intend to fund reaching environmental goals.”