Brexit: Environment and Climate Change

Lord Teverson Excerpts

Thursday 23rd March 2017 Lords Chamber

Moved by

[Lord Teverson]

That this House takes note of the Report from the European Union Committee Brexit: environment and climate change (12th Report, HL Paper 109).

[Lord Teverson (LD)]

My Lords, as Members depart or come in and Ministers shuffle their seats, I shall note that I am a board member of the Marine Management Organisation, which has responsibility for the marine environment that might be covered to some degree in this debate.

It is important for us to remember that all the reports from the European Union Committee are looking at not just the challenges but the opportunities of Brexit, the pluses and the minuses, the good things that can happen and the things that we have to beware of and look out for. In this report, there is probably more that we have to look out for than benefits. Some of the benefits on the environmental side are probably better described in the fisheries report that the House has already debated and in the report on the common agricultural policy, for which my committee has finished taking evidence but which has yet to be published. Both those areas have important environmental aspects. There are a number of positives and opportunities in those areas, and in this report as well.

I will concentrate on some of the areas where we have to be careful. As recognised in the Conservative Party manifesto, looking 25 years or even further ahead, the environment is key in our quality of life as a country and as a continent. Opinion polls suggest that the environment is an area on which British citizens think that Europe has an important role. It did not figure greatly in the referendum campaign, but citizens have generally understood and believed that working together as nations is important in protecting and enhancing the environment for the future.

Those on the side of leaving the European Union were right that European legislation on the environment dwarfs UK legislation in all sorts of ways. The estimate is that something like 80% of all our environmental regulations emanate from Europe. We have a strong base of environmental legislation that springs from European regulations and directives and European Court of Justice decisions. That creates a great challenge. When we wrote to Defra about a number of issues, part of the evidence it gave was that something like 1,100 instruments have to be translated into United Kingdom law. Over the next two years, the Minister is going to be very busy in effecting that.

The committee welcomed unreservedly the Government’s objective of making sure that environmental standards do not go down in the process of Brexit, but there are huge challenges ahead in achieving that. Just think of the breadth of the area that we are talking about. It covers climate change, energy efficiency, standards for chemicals, biodiversity, migrating species, biosecurity, clean seas, the atmosphere, wastewater and the circular economy—the list goes on. I shall not go any further but that gives noble Lords an idea of the huge spectrum of issues that are vital to our future which we are talking about.

I shall highlight and headline some of the key issues. A number of them were not ones that I or the committee expected to be at the top of the list when we started this report. The first issue I shall go into, on which I could speak for many minutes but shall not, is the great repeal Bill. We welcome the Government’s undertaking that they will transfer the current legislation into UK domestic law. One of the questions is what it includes. Findings and case law from the European Court of Justice have been particularly important in environmental legislation. I will be interested to hear from the Minister whether that case law will also be incorporated into how UK courts look at European environmental legislation post Brexit.

There are 1,100 instruments that need to be translated. One of the areas that particularly concerned us is that the Secretary of State said that one-third of environmental legislation is going to be quite difficult to bring into UK law. I welcome her candid openness about this. We pursued that further and asked her and her officials what that one-third is. We had a very flaky reply, which suggested to us that not only is that roughly one-third going to be difficult but we do not yet know what it is going to be. As in other areas, there is concern about how much will be in primary legislation or in secondary legislation, but I will leave that debate for other reports.

One of the strongest points that was made to the committee was that the key issue is not regulations or laws but implementation and enforcement. We can have lots of laws and lots of good intentions, but we have to have adequate enforcement. One of the key areas of success in environmental legislation in protecting and improving our environment has been that we have strong enforcement mechanisms. I am sure other members of the committee will talk about this. The Commission as an overseer of implementation and the European Court of Justice as a strong enforcement mechanism behind that legislation have meant that not only have Governments of all stripes been careful to make sure that environmental legislation is implemented but so have citizens and other organisations. There have been a number of instances where the UK has not been that keen on implementing environmental laws—I think back couple of decades ago on wastewater and more recently on clean air—and the role of the ECJ and the Commission has been particularly important. I know from experience that the threat of infraction by the Commission is a strong motivator for senior officials of departments and Ministers and Secretaries of State to make sure that European environmental law is implemented, as it is not only a reputational issue for the nation but a financial one. Infraction means fines, which can be considerable, and departments do not wish to lose their budgets because they have not performed. It was the very strong opinion of our witnesses that enforcement in the UK as it is at the moment would not be sufficient. There is judicial review and other areas, but this is key and one that other members of the committee will wish to discuss.

The other area which I have not really thought about quite enough, which also applies to the agricultural reports that are due to come out, is that of certainty. One thing relevant to the environment and indeed to agriculture is the acronym MAFF. We always think of MAFF as being the old Ministry of Agriculture, Fisheries and Food, but in this instance I am talking about the multiannual financial framework from Europe, which lasts for seven years and gives a degree of financial certainty to programmes that cannot be changed year on year, or in domestic terms, Budget to Budget. It is also quite difficult to change legislation and update laws throughout Europe. That can be negative, but it does provide certainty and time horizons in which investment can take place. In the environmental area, that is important for flood defences, clean energy and all sorts of other areas where investment takes a long time. The challenge is going from a seven-year financial framework—legislatively perhaps sometimes even longer—to a framework where we have annual Budgets, and laws that can change maybe year to year but certainly Parliament to Parliament. So we have that greater uncertainty.

There is even more uncertainty in financial areas and investment when it comes to the role of the European Investment Bank. This might seem not that important for the environment, but the figures show that something like €37 billion has been invested since 2000 in the environmental sector, particularly in energy. That is a huge sum. Since we have been a member of the European Union, particularly through the wastewater directive, some €12 billion has been invested in the water industry in the UK by the EIB. Yet we were unable to pinpoint where this sort of core foundation investment was going to come from in the future. Outside the EU, we are still entitled to European Investment Bank expenditure or investment, but it will be on a much lower scale than we have at the moment. So there are challenges there.

I will very quickly go through the other key areas. The first is trade and industry. We had a number of witnesses who I suspect we expected to say, “Great, let’s be buccaneering: let’s go ahead and deregulate and be successful without European red tape”. I am being perfectly objective in saying that that was not the case at all. Concerns were expressed that we should be able to enter the single market easily and that therefore our product standards needed to be the same, in terms of energy efficiency and similar areas. There was particular concern around chemicals, where there has been huge investment by companies that have had products approved by European agencies. There was a great fear of having to go through another process if we have a bespoke UK system, which would not only be expensive but would not necessarily allow access through equivalence into European markets. On trade and industry, there was a concern that we should keep equivalence when it comes to standards.

I will leave the noble Lord, Lord Krebs, to talk about climate change. I conclude by saying there are two other elephants in the room, one of which is devolution. Like agriculture and fisheries, the environment is a devolved area of policy-making. How do we bring all of this legislation back into the UK and then distribute it among the nations and various parliamentary assemblies of the UK, while keeping some semblance of common ground within? That of course will also be the responsibility of Defra; given all the responsibilities that the noble Lord will have over the next two years, we are deeply concerned about Defra’s capacity and influence with the Brexit departments to make sure all this can be achieved. There is a huge and extremely challenging agenda here. It is regrettable in a way that we do not yet have Defra’s 25-year environmental plan, which we look forward to. We would also like to see this great repeal Bill and everything that needs to be done within that context. I would be interested to hear from the Minister when that will be produced.

The environment is one area where Brexit does not mean Brexit. We are inevitably tied to the European environment through our seas, our atmosphere, our migrating species and many other aspects. It is imperative that we continue to be strongly involved with our European neighbours. I would be interested to hear from the Minister how he would pursue, for the benefit of all our peoples, that co-operation into the future. I beg to move.

--- Later in debate ---

[Lord Teverson]

My Lords, I thank noble Lords for their contributions. I will be as brief as I can. I will not be long. The right reverend Prelate referred to this as an onion. The more the committee looked at this, the bigger and more complex the challenge was. I say to the Minister: the report is not meant to be pessimistic. It is supposed to help find a way through to the other side, and to show what a challenge that is. We are very concerned that the Government have the resources to do it. The Minister’s reassurances tell us that they do.

I thank the noble Earl, Lord Caithness, for adding an element of opposition to the debate. Yes, we are leaders and that is one of the things we say. As the Minister said, Britain has been a leader on climate change. In fact, our concern is that the rest of Europe might backslide without us being there, to our prejudice. I thank the noble Lord, Lord Krebs, for time-sharing with me in looking after the climate change side.

I will just say something about the institutional side. The point here is that Lords committees get evidence from as wide a range of people as possible, who are not nutters and do not have a single agenda. The biggest message that came through was about how the ECJ and the Commission do not have a role at the moment. We may not like that but that is the message that was given to the committee. Just as the noble Lord, Lord Trees, said, however good the wish of the present Government—I believe completely in their environment side—that is not necessarily true of future Governments. It would be great if somehow we could solve this institutional thing with the present Government to make sure that future Governments also have to pursue that agenda properly.

I thank everybody for their contributions. I particularly thank Celia Stenderup-Petersen, our clerk; Jennifer Mills, our policy analyst; and David Baldock, our special adviser. We have had an hors d’oeuvre for the agricultural debate that we will have in due course. We look forward to that. Yes, agriculture is integrated but so are energy and transport in terms of the environment; I am sorry we could not do the whole thing.

Motion agreed.