New jurisdiction in First-Tier Tribunal to plug environmental law gap, says judge
The creation of the environment jurisdiction within the First-tier General Regulatory chamber should help fill a perceived gap in environmental law, the Senior President of Tribunals has suggested.
Speaking at a seminar organised by the UK Environmental Law Association, Lord Justice Cornwath said: “Making use of the new tribunals structure and expert resources could provide a low cost solution to what has long been seen as a gap in environmental law.”
According to UKELA, there are now some 350 specialist environmental tribunals and courts around the world, most established since 2004. The UK “has some catching up to do”, it claimed, although it suggested that the new jurisdiction could put the country "on the map".
The environment jurisdiction makes use of judges and members already within the tribunal system who have environmental expertise. It will initially hear appeals against regulators – such as the penalties imposed by the Environment Agency against polluters – but over time its brief could increase, the association said.
Professor Richard Macrory, who wrote a recent report for the Senior President entitled Consistency and Effectiveness, Strengthening the New Environmental Tribunal, suggested that the First-tier Tribunal provided "an extraordinary new flexible approach".
He said: "I don't have a real criticism of many of the appeals bodies that exist but it could be a lot better – more coherent and consistent and reduce the overall cost. This all fits very well with the current agenda of regulatory reform and consolidation. I also hope it would reduce some pressures of judicial review in the High Court.”
Delegates at the seminar were also told that the new system could eventually integrate some of the work of the Planning Inspectorate, bringing together some environmental and planning concerns.
The government is currently reviewing the penalties regime for matters dealt with by the Environment Agency. Changes to this regime could impact on the role of the new Tribunal, UKELA predicted.
