Environment Secretary and Office for Environmental Protection at loggerheads over implications of Retained EU Law (Revocation and Reform) Act on environmental protections.

The Secretary of State for Environment, Food and Rural Affairs has rejected concerns expressed by the Office for Environmental Protection (OEP) over the implications of the Retained EU Law (Revocation and Reform) Act for environmental law.

The Act recently received Royal Assent.

In a letter last month to Thérèse Coffey, OEP Chair Dame Glenys Stacey wrote: “Environmental safeguards were not written into the Act, contrary to the advice of the OEP and others, but we have welcomed publicly the assurances from Government that environmental protections will not be weakened as a result of the Act, and that international commitments will be upheld.”

However, the letter also states that Schedule 1 to the Retained EU Law Act lists for revocation regulations 9 and 10 of the National Emission Ceilings Regulations 2018 (NECR).

Stacey noted that the NECR “drives review and triggers improvement of plans, allowing for corrective measures to be put in place to keep Government on track to meet air quality targets”.

The letter continued: “In our view, the revocation of these regulations weakens accountability and transparency and – in the absence of an alternative, comprehensive plan – it has the potential to weaken environmental protection.”

Commenting on the implications for “assimilated environmental Retained EU Law”, Dame Glenys said that further action would be required if environmental protections are to be maintained.

She wrote: “As you will be aware, without restatement under the powers of the REUL Act, directly effective rights and general principles of EU law will be lost at the end of this year.”

Responding to the letter on 25 July, Thérèse Coffey said that the Department for Environment, Food and Rural Affairs (DEFRA) “remain committed” to reducing emissions of the 5 key air pollutants and achieving the emission reduction targets set out in the NECR.

She wrote: “Our intent in removing regulations 9 and 10 of the NECR is to reduce administrative burdens and aid transparency regarding air quality emissions policy”.

She added that DEFRA are maintaining the reporting provisions contained in the NECR “to ensure transparency and scrutiny of the UK’s progress”.

Turning to the issue of the implications for assimilated environmental law, she wrote: “We do not share your concerns that the passing of the REUL Act has negative implications for environmental law.”

Coffey added: “We have been clear in Parliament about our commitment to uphold environmental protections. Moreover, from 1 November 2023 there will also be a legal duty on Ministers to have due regard to the Environmental Principles Policy Statement when making policies using the Act’s powers.”

Lottie Winson