Who replaces the EU on environmental protection?

When the UK leaves the European Union the rules and accountability around the environment will change.

The institutions in Europe, which make sure our Government is accountable for its environmental impact, will no longer be available to the UK.

The Department for Environment, Food and Rural Affairs (DEFRA) has been planning for the changes with a new piece of legislation, the Environment Bill.

Draft clauses for the Environment Bill were published in December, giving Committees and other bodies the opportunity to feedback on changes that might need to be made before the final Bill is published.

What does the draft Bill say?

The draft Bill outlines how the Government plans to maintain environmental standards as we leave the European Union.

It also outlines how environmental principles, like the precautionary principle and the polluter pays principle, will be applied after the UK leaves the EU.

The Government will also establish a new environmental watchdog body – the Office for Environmental Protection (OEP) – to replace the existing European institutions for environmental governance.

We've heard from various experts about the issues with the draft Environment Bill. Watch the evidence sessions.

Set out a clear objective for the future of the UK’s environmental governance and to ensure that environmental principles do not lose their current legal status.

We have recommended that an ultimate objective to ensure a “high level of protection for the environment” be inserted into the Bill to give meaning to the other environmental principles.

Make sure that Ministers and public authorities have to act in accordance with environmental principles

The draft Bill says that Ministers must "have regard to" environmental principles. Experts have told us that this wording represents too weak a legal commitment, and will make it too easy for environmental principles to be ignored.

We have urged the Government to include stronger commitments in the Bill to ensure that Ministers are legally bound by the environmental principles which protect the environment.

Strengthen the Office for Environmental Protection’s independence from Government

Currently the OEP will be funded directly by DEFRA, the Government Department it is set up to scrutinise. The Secretary of State will also make all decisions relating to the appointment and make-up of the new watchdog’s Board.

To ensure the watchdog has enough resources and is genuinely independent we advise that the Government commits to a multi-annual budgetary framework, and that all decisions relating to the membership of the OEP's Board require the consent of our Committee.

Sharpen the teeth of the Office for Environmental Protection’s proposed enforcement powers

In order for the OEP to be an effective watchdog it needs to have the appropriate investigatory and enforcement powers to ensure all public authorities follow environmental law.

Given the potentially irreversible nature of harm to the environment, the OEP needs appropriate powers to compel action. We have suggested that the OEP should be empowered to issue emergency and interim measures in urgent cases of environmental harm.

Ensure the Government targets and objectives relating to climate change are enforced

Climate change must not be left out of our new legislation to protect the environment. Currently, the Bill excludes climate change from the remit of the new watchdog and its enforcement powers.

Given the lack of enforcement powers for existing UK bodies, such as the Committee on Climate Change, the OEP's responsibilities should be suitably extended to ensure that the Government meets its objectives.

The Government must now respond to our Report

Our Report, Pre-legislative scrutiny of the draft Environment (Principles and Governance) Bill was published on 30th April 2019.

Detailed information from our inquiry can be found on our website.

If you’re interested in our work, you can find our more on the House of Commons Environment, Food and Rural Affairs Select Committee website. You can also follow our work on Twitter.

The Environment, Food and Rural Affairs Select Committee is a cross-party committee of MPs that scrutinises government policy.