Time for tough environmental justice
The EU has one of the best systems of environmental justice in the world. To deliver Mr Gove’s Green Brexit promise, the UK Government must design one that’s even better. But time is running out—in the Parliamentary calendar, in the Brexit countdown, and for the world’s wildlife.
At WWT, we’ve called for a new Environment Commission to hold Government to account and a new Office for Environmental Responsibility to provide expert advice on saving nature. Now, we’re joining our colleagues in Greener UK to challenge Government to deliver its green promises to Parliament in time for Brexit day. We need a new Environment Act to set a new green gold standard for the world.
The best in the world
EU justice is open. When an EU Member State breaks environmental law, there’s a complaints mechanism that’s free and accessible for any EU citizen.
UK justice must be more open. At the moment, judicial review is costly and closed to many people. The new watchdog must enable citizens, communities and NGOs to bring complaints without cost or delay. The UK can go further in complying with the Aarhus Convention on access to environmental justice by ensuring citizens are free to challenge executive decisions affecting our environment.
EU justice is expert. When the European Commission isn’t satisfied with implementation, it can begin legal proceedings of its own volition, drawing on expert bodies and regular reporting.
UK justice must be more expert. The UK Supreme Court cannot initiate its own environment cases. The new watchdog must have the independence, expertise and access to information needed to fight against government in court and in a complaints mechanism, and the power to bring its own cases.
EU justice is tough. When the European Court of Justice judges that a government is in breach of green laws, it has a powerful range of remedies to force governments to comply, including daily fines. In the last 15 years, almost half the legal challenges brought by the EU against the UK relate to environmental laws like water and wildlife protection. The UK has been repeatedly defeated.
UK justice must be tougher. The new watchdog must have a legal arsenal available, from conciliation and negotiation processes to the power to quash or overturn Government decisions.
Time for action
The EU Withdrawal Bill is reaching its final stages in Parliament, with just four more days of detailed debate left in the House of Lords. Unless Parliament has a fully-fledged proposal to consider by then, MPs and Peers will have to decide whether to be satisfied with promises or whether to amend the bill.
Even if the Government can agree the law in time, the twelve month window before Brexit day is small. There can be no lapse in environmental justice in March 2019, so the new watchdog or some other arrangement will need to be put in place quickly.
Most importantly, wildlife can’t wait. With 15% of UK species facing extinction, we can’t afford to spend years simply reconstructing a version of the environmental justice we have now. It’s good, but it’s not yet good enough for nature.
Campaign with us
WWT is calling for a new Environment Act to protect nature and ensure a healthy environment for everyone. The watchdog is a first step, because there’s no point having strong laws without strong enforcement. When it’s published, respond to the Government’s proposals and join our call: a powerful watchdog and a new Environment Act for clean air, water and thriving wildlife.
