European Union (Withdrawal) Bill

Debate between Caroline Lucas and Jim Cunningham

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Caroline Lucas]

I am grateful to the hon. Lady for that helpful update. There are many myths about what the EU prevents us from doing, so it is useful to get that clarification.

I was just explaining the different areas in which we need these environmental principles to apply. My concern is that the Bill delivers on only the first: the interpretation of retained EU environmental law. Clause 6(3) states that general principles of EU law will be retained in UK law, and that the courts will be able to interpret EU-derived law in accordance with the retained general principles of EU law, but it is not yet clear whether the environmental principles will be considered to be general principles of EU law. Neither the ECJ nor the treaties have defined “general principles”. The concern is that if the Bill does not explicitly recognise environmental principles as general principles, they could be lost altogether. Even if they are retained, as they should be, the Bill explicitly limits how they could then be applied in two ways: first, UK courts will not be able to overturn decisions or challenge actions that do not conform to the principles; and, secondly, there will be no compulsion on public bodies or businesses to refer to the principles in future actions and decisions.

[Mr Jim Cunningham]

The environmental protections should be enshrined in UK law because we do not want the Government to go the way of the United States on the environment, given the damage that the Trump Administration have done. The Government could be tempted to follow that.

[Caroline Lucas]

I agree. This country will be very interested in forming more free trade agreements as soon as possible, and under circumstances that might not necessarily be in the best interests of our own environment and standards. It therefore even more important that these things are enshrined in law, as the hon. Gentleman says.

Paragraph 3 of schedule 1 explicitly limits the legal remedies available when general principles are contravened. It will not be possible to take an action in court, or to challenge or quash any law or activity on the basis of the principles. The courts will be unable to overturn decisions, and individuals and non-governmental organisations will not be able to challenge decisions on the basis that they are not compatible with environmental principles such as sustainable development. In short, as the Bill stands, if a business or public body contravenes the principles of environmental law, it will not be possible to challenge that in court.

That is a clear departure from continuity, as the EU courts have strongly upheld the environmental principles, such as by overturning planning decisions that contravene the precautionary principle. The level of environmental protection after exit day will not therefore be as strong and rigorous as it was before exit day, unless we accept new clause 60 and do something right now to enshrine these principles in our law.