The UK Government’s Brexit bill, which is currently making its way through the lower chamber, is being considered by the UN as to whether it breaks international law by failing to consult the public over its legislation.
The complaint originated from Friends of the Earth (FoE), an environmental campaigning community, which noted that the withdrawal bill breached the Aarhus Convention, an agreement that establishes the rights of the public regarding the environment.
What is the Aarhus Convention and how is it being breached?
Adopted on 25 June 1998, it ascertains that the public has a right to receive environmental information that is held by public authorities who are obliged to actively disseminate it. The public also has a right to take part in environmental decisions and law preparation at an early stage.
FoE’s complaint considers that most environmental laws in with UK are derived from EU laws, so the bill gives ministers “unique and wide-ranging powers” to alter or outright remove environmental laws originating from the EU without consulting the public.
According to The Guardian, Associate Professor at the London School of Economics Michael Mason explained that the Government remains legally bound to the Aarhus Convention even after withdrawal from the EU, and would be in breach of treaty if it tried to abolish any laws relating to it.
He concludes with: “A withdrawal from the Aarhus convention would be disastrous for UK environmental policy.”
William Rundle, a legal representative for Friends of the Earth told The Guardian that “the Government said Brexit was about taking back control, yet it has ignored the views of the UK people in taking it forwards.”
At this point in time, the bill fails to require that environmental standards are continued and maintained after Brexit, and says nothing on the requirement that the public should be consulted regarding significant changes to environmental legislation and law. While there is time for this to be included, there are still concerns over its exclusion from the bill.
A similar case was filed and won by campaigners against the Ministry of Justice in February 2017, over proposed amendments to cost protection orders that could have made it too unreliable to pursue legal challenges against the Government over environmental issues.
On the matter, a Government spokesperson said: “The purpose of the withdrawal bill is to provide a functioning statute book on the day we leave the EU – it is an essential bill in the national interest. While we can’t comment on proceedings, we believe we have complied with all of the relevant obligations in developing this crucial legislation and remain committed to maintaining the highest environmental standards. We will be submitting our full response in due course.”
The committee will decide whether the UK Government is in breach of its obligations after it has received a response - the Government has until 5 June.
