European Union (Withdrawal) Bill

Baroness Jones of Whitchurch Excerpts

2nd reading (Hansard - continued): House of Lords
Wednesday 31st January 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, having stood on Hove beach with a cross-party group of MPs and campaigners in May 2016 to highlight the dangers to the environment of a leave vote in the referendum, sadly I find it necessary this afternoon to continue the argument I made then. Despite the Government’s rhetoric on the environment, there is a great deal more that this Bill will need to do to make those promises a reality. It is pertinent that that very beach was one that helped to earn the UK the nickname “the dirty man of Europe” when it joined the EU in 1970. Fast forward to 2018 and the beach is now one of 97% of UK bathing waters which have passed the EU quality test, thanks in no small part to the strict standards put in place at EU level.

We have to ask ourselves why, over the years, we have had to rely on EU directives to clean up our water, our waste, our air and our soil, and why we have had to rely on the 527 EU regulations that set standards for the environment and health protection, not to mention the 922 affecting agriculture and the 1,122 shaping a sustainable fishing policy. These have all played their part in transforming our environment, with the result that something like 80% of UK environmental legislation is derived from the EU. Therefore, it is no wonder that environmental and animal charities are concerned about what the future holds, and why we are keen to pin down the detail of the legislative transfer to UK law.

So we have to be concerned when, in the Commons, the Government voted against amendments that would have entrenched all the EU regulations in UK law, free from ministerial interference via their Henry VIII powers. Equally, their rejection of the precautionary principle and the “polluter pays” principle in managing our natural assets showed a disregard for the fundamental protections that have made the EU a global environmental leader. As we know, they rejected the animal sentience amendments, which have now been superseded by a separate draft Bill. Many would argue that that would have been completely unnecessary if only the Government had heeded our advice in the first place.

The Government would have us believe that they are now converted to the cause and that the environment is safe in their hands. Forgive us for being rather sceptical, because evidence is in rather short supply. Although of course we are pleased to have seen Michael Gove carrying his reusable coffee cup, I would rather have seen him wielding a comprehensive list of amendments guaranteeing that the environmental protections will be at least as good as those delivered by the EU in the past. So we will be supporting amendments that address that deficit.

In the debate yesterday it was argued that we now have three categories of legislation: primary, secondary and EU retained. I would add a fourth: the environmental principles currently set out in the introduction to EU law but not due to be transposed. For example, I have already referred to the precautionary principle, which is crucial in its application to pesticides. As we know, bee species and other pollinators are in decline, and evidence mounts that neonicotinoids are to blame. We need to heed the scientific advice and take urgent steps to protect our ecosystems before the damage becomes irreversible. Similarly, the “polluter pays” principle has been crucial in cleaning up our water supply, with water companies given large fines for polluting rivers and killing fish. This principle is an important deterrent for those who would otherwise be cavalier about their impact on the environment and put profit before people.

We will also be seeking guarantees regarding our continued involvement in the European institutions which have provided effective monitoring and enforcement of environmental standards. Organisations such as the European Food Safety Authority have been crucial in clamping down on misleading labelling and tackling salmonella and the horsemeat scandal. Another example is the REACH chemical regulation, which sets safety standards for trading and usage across the EU and stops toxic dumping.

Finally, and crucially, we will want to ensure that any new UK green watchdog is up and running by exit day, is placed on a statutory footing, is truly independent, and has the powers to fine Ministers when environmental rules are broken.

Organisations such as ClientEarth, which act on behalf of citizens, have been able to tackle illegal air pollution because they can take government to court. We have to ensure that access to justice, without prohibitive cost, remains in the new legislative framework. The Government have said that they are consulting on the composition of this new body but, like many other outstanding issues, it is vital that this is resolved and brought into legislation before exit day.

Many other environmental challenges arising from Brexit are not covered by this withdrawal Bill. We await details of the agriculture Bill, the fisheries Bill and even a separate environment Bill. It will be a real challenge to meet the timescales to deliver these before exit day and we need to be clear on what will happen if that deadline is not met. Therefore, we will seek guarantees that, on exit day, the whole package of environmental reforms is underpinned by the same protective principles that have provided such effective protection throughout our membership of the EU.