Brexit: Environmental Regulation

Baroness McIntosh of Pickering Excerpts

Monday 4th November 2019 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what will be the arrangements for environmental protection and upholding environmental standards between the date of the United Kingdom leaving the European Union and the establishment of any new environmental regulation regime.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, the European Union (Withdrawal) Act 2018 and secondary legislation will bring existing EU environmental law into domestic law so that it continues to operate after exit. We will enhance standards through the world-leading Environment Bill and the office for environmental protection, the OEP. Our intention is for the OEP to be operational from 1 January 2021. Before that, we will remain subject to EU oversight during the transitional period in the withdrawal agreement until 31 December 2020.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to my noble friend for that Answer. There is concern that the level of “appropriate” standards has been reduced to “adequate” standards in the revised EU withdrawal legislation. Can my noble friend put my mind—and the minds of environmentalists at large—at rest that that will not mean a reduction of standards and that the Government are committed to keeping the highest possible level of environmental standards and protection? What will the compliance mechanism be in the interim period before the OEP is legally given effect?

[Lord Gardiner of Kimble]

My Lords, as I said, the interim arrangements would not apply under the description of events that I have, which is that we bring forward a deal, that deal is agreed and there is a withdrawal Act. As my noble friend said, that legislation is very important, and I am sure that during its passage it will be made absolutely clear that we intend to champion the environment. We want the highest possible standards and understand that the situation is grave. As to “adequate” and other measures, I am not a lawyer but I can only assure your Lordships that we are very determined to enhance the environment.