Introduction
- This evidence
seeks to highlight the challenges with respect to environmental
protection that exist as a result of the UK’s impending exit
from the European Union (EU).
- Much attention
has already been focused on these challenges and significant
progress has been made in recognising the problems and considering
appropriate responses. Nevertheless, environmental protection
should remain a key concern for Wales’ in the preparations
for our exit from the EU.
The Report on the Implications
for Wales of Leaving the European Union
- The previous
report of the External Affairs and Additional Legislation Committee
on the Implications for Wales of Leaving the European Union
published in January 2017 identified the following issues as
particularly relevant to this field:
- The work of the
CCERA Committee on the future of sustainable land management in
Wales, especially with regard to the arrangements for the
replacement of the Common Agricultural Policy.
- The
significance of arrangements for scrutiny with respect to climate
change.
- The need to
maintain current EU standards with respect to nature
conservation.
One year on
these continue to be very relevant issues.
Issues addressed in
2017
- The UK
government has listened to concerns raised about the need for an
independent body to hold government to account on issues of
environmental protection and to consider the role of environmental
principles. Perhaps most significantly, attention is also being
given to the development of common frameworks for environmental
protection. All of these issues will, of course, have significant
implications for devolved governments.
- There is much
to be gained from working with Scotland and Northern Ireland in
developing approaches to these issues, but it is also important to
consider these challenges from a specifically Welsh
perspective.
- For
example:
- Any policy
statement on the retention of EU environmental principles should be
cognisant of the impact on the principles of sustainable natural
resource management and their significance to policy making in
Wales.
- The
arrangements for an independent environmental body will have to
address the relationship to the existing position of the Future
Generations Commissioner for Wales.
The Importance of a Distinctly
Welsh Perspective
- The political
position and constitutional arrangements in Wales are clearly
distinct as is the nature of the ‘environment’ itself
particularly as it relates to sustainable land management.
Perhaps most importantly the Well-Being of Future Generations
(Wales) Act 2015 and Environment (Wales) Act 2016 have created new
structures for policy, law-making and environmental management that
should be essential in considering our future approach.
- In a recent
report I have noted that these legal frameworks will “provide
a positive basis for strategic thinking around the challenges that
will be presented in the future development of Welsh law. They also
have the potential to create stability in what will undoubtedly
prove to be a period of uncertainty.” (Wales, Brexit and
Environmental Law, UKELA 2017).
- The way in
which these frameworks can help us to consider the future
environmental challenges in Wales is clearly demonstrated in a
recent paper by Wales Environment Link on a Sustainable Land
Management Vision.
A Continuing Relationship with
the EU
- Although much
attention has focused on the position in the UK after Brexit it is
important not to lose sight of the perspective from the European
Union. The European Parliament as well as the other institutions of
Europe, will have a significant role in establishing any future
agreement. It is, therefore, particularly significant that the
European Parliament has indicated that it will not agree to any
future deal that does not ensure the UK’s compliance with EU
environmental laws (Resolution 13th
December).
- The extent to
which EU institutions might be willing to develop a continuing
relationship with government and third sector institutions in Wales
after Brexit is currently underexplored. This is also an area that
might benefit from a distinctly Welsh approach. For example,
Wales has adopted a proactive approach to the international agenda
for sustainable development as is evidenced, in particular, by its
work with the global Network of Regional Governments for
Sustainable Development (NRG4SD).