Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential merits of amending the Aarhus Convention provisions on costs in planning cases.

The Government remains committed to upholding its obligations under the Aarhus Convention, including maintaining access to environmental justice that is not prohibitively expensive. We set up the Environmental Costs Protection Regime (ECPR) in 2013 to enable this, and in May 2025 we committed to a series of measures to strengthen the regime. We keep all policies under review and, importantly, judges already have the power to vary the costs caps upwards or downwards, taking into account the particular circumstances of a case.

Between September and December 2024, the Government ran a Call for Evidence on access to justice in relation to the Aarhus Convention. This Call for Evidence considered the recommendations of the Aarhus Convention Compliance Committee regarding whether changes are required to the ECPR. The Government intends to publish a response to this Call for Evidence in due course.

Further, the Government published its response to the Nuclear Regulatory Taskforce’s Review on Friday 13 March 2026. The Government recognises the concerns raised by the Taskforce regarding delays caused by a small number of unmeritorious legal challenges against nuclear developments and other major infrastructure projects, which could jeopardise our goal of reaching net zero by 2050. That is why we have accepted the Taskforce’s proposals in recommendation 20 to adjust the costs caps.

These adjustments will be undertaken with a view to prioritising genuine legal challenges, whilst supporting the Government’s growth mission by supporting us to build the necessary infrastructure essential for energy security, economic growth, and net zero. We will therefore invite the Civil Procedure Rule Committee to adjust the ECPR with this aim in mind.