Fears UK Could 'Cheat' as Climate Change Excluded from Brexit Watchdog Remit

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By Megan Darby,ย Climate Homeย News

The UKย governmentย has excluded climate change from a proposed post-Brexit green watchdog, raising concerns about enforcement of climate lawsย when the country leaves the EU.

In a consultation document,ย the department for environment, food and rural affairs (Defra) outlined plans to establish a body that could issue โ€œadvisory noticesโ€ if the government fell short of its duty to implement environmentalย law.

It would not be empowered to take the government to court, nor would it cover โ€œmatters related to climate changeโ€, which Defra argued were covered by existing bodies, principally the Committee on Climate Change (CCC).

CCC chair John Gummer, also known as Lord Deben, told the Observerย that was not good enough. He is part of a group of lords seeking to injectย strict environmentalย safeguards into the EU withdrawal bill going throughย parliament.

โ€œThe new watchdog has got to have the power that we now have as members of the European Union โ€“ to call the government to account,โ€ he said.ย โ€œThere is no such power in the current consultationย document.โ€

Underย its 2008 Climate Change Act, the UK already has stronger commitments than under EU law, but Brussels acts as aย backstop.

At present, the European Commission can launch infringement proceedings against member states and ultimately fine them through the European Court of Justice if they breach the rules. When the UK leaves the bloc, a process due to finishย by the end of 2020, it is not clear who can take on thatย role.

The CCC has warnedย of โ€œsignificant gapsโ€ in government climate policies. European regulationsย would have driven around 55% of the emissions cuts needed by 2030, it estimates โ€“ so quitting the blocย may make targets harder toย meet.

Amy Mount of Greener UK, a coalition of 13 environmental charities, told Climate Home News it was โ€œreally surprisingโ€ to see climate change excluded from the watchdogโ€™s brief. โ€œIt is quite an artificial carve-out,โ€ she said, as many environmental policies have climate benefits and viceย versa.

โ€œThe Committee on Climate Change is a really important body and we are not saying that any of its functions should be taken away from it,โ€ she said. โ€œWhat we are saying is in addition to that, you need a process for enforcing all of the environment laws including climate-relatedย laws.โ€

Interdepartmental turf wars may come into it, as climate change falls under the remit of the business, energy and industrial strategy departmentย (Beis).

That is overlaid by political differences between ministers. Environmentย secretary Michael Gove is an ardent Brexiter, while business secretary Greg Clarkย declared his support forย staying in the EU.

โ€œGiven the very significant splits there about Brexit in cabinet at the moment, it is very difficult to drive consensus over cross-departmental policy areas,โ€ saidย Shane Tomlinson of think-tank E3G. โ€œThis consultation reflectsย that.โ€

European negotiators are keen to ensureย a โ€œlevel playing fieldโ€ for trade between Britain and the EU27, said Tomlinson, which means meeting similar environmentalย standards.

โ€œThere is a real concern on the EU side that the UK will try to cheat post-Brexit,โ€ he said. โ€œDomestic enforcement is one of the things they are looking at and the strength ofย enforcement.โ€

This article was originally published on Climate Homeย News.

Image: CC0ย Pixabay

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