Environmental governance post-Brexit: closing the ‘governance gap’

EU bodies, such as the European Commission and the European Court of Justice had played an important governance role in implementing and enforcing EU derived environmental laws across the United Kingdom.

These laws, and how they were interpreted, were shaped by the ‘EU environmental principles’, which were designed to ensure high environmental standards.

There was wide concern across the environment sector that there would be a ‘governance gap’ if these governance bodies and environmental principles no longer applied in the UK after Brexit.

The Welsh Government had committed to ‘take the first proper legislative opportunity to enshrine the environmental principles into law and close the governance gap’. But what would fill this gap?

The UK Government (Defra) was currently consulting on this issue. The consultation was a precursor to an Environmental Principles and Governance Draft UK Bill which was expected in the autumn of 2018.

The consultation related to England and non-devolved matters only. However, the UK Government was inviting joint working with the devolved administrations to develop shared arrangements for both the environmental governance body and the environmental principles. In response to the consultation, Lesley Griffiths, Cabinet Secretary for Energy, Planning and Rural Affairs, said that the Welsh Government had not been ‘fully engaged’ prior to the announcement, but ’stands ready to work in collaboration.’

The National Assembly for Wales' Climate Change, Environment and Rural Affairs (CCERA) Committee considered these issues in its 2018 inquiry into environmental governance and principles post-Brexit.

Wales: National Assembly for Wales: Senedd Research: In Brief, 27.07.18: UK-EU Future Relationship: Environmental Protection https://seneddresearch.blog/2018/07/27/uk-eu-future-relationship-environmental-protection/

Institute of Welsh Affairs: Article, 28.08.18: A Green Brexit? http://www.iwa.wales/click/2018/08/a-green-brexit/

Institute for Government: Report, April 2018: Devolution after Brexit. Managing the environment, agriculture and fisheries http://www.europeansources.info/record/devolution-after-brexit-managing-the-environment-agriculture-and-fisheries/

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

National Assembly for Wales: Senedd Research: In Brief, 04.05.18: The future of the EU’s environmental principles: Wales’s unique role - guest blog post http://www.europeansources.info/record/the-future-of-the-eus-environmental-principles-waless-unique-role-guest-blog-post/

National Assembly for Wales: Assembly Business: Committees: Inquiry: Environmental governance body and environmental principles post-Brexit http://senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=22019

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