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Implications of Brexit? One perspective

  • Writer: The Sustainable Lawyer
    The Sustainable Lawyer
  • Jun 10, 2020
  • 3 min read

At first, it seems that there will not be too many repercussions from ‘Brexit’ as a UK outside of the EU should still have the same pro-environmental attitude which is shared by most major political parties and groups.

In October 2016, Westminster published a briefing on the implications ‘Brexit’ might have on UK environmental policy. It found that “the UK’s climate goals have not changed", that “existing UK commitments need strong new policies that set a clearer direction across the economy, irrespective of Brexit”, that “some policy previously set at EU level should be preserved and strengthened in future”and that “the UK should take opportunities to improve on some EU policy approaches”.

On the surface then, it seems that the current UK government delivering ‘Brexit’ will continue to match EU standards on tackling climate change through upholding what it deems to be good EU policy and law and possibly changing it accordingly to make it “stronger”and maybe more advantageous for the UK climate and markets as well. For instance the UK government may like to address the Common Agricultural Policy (CAP) which “does not directly target greenhouse gas emissions reduction in agriculture although it provides funding for afforestation, which can reduce emissions. A UK-based policy framework should link farming support more closely to actions that would reduce emissions.”

It is likely that any other UK government over the coming years or at the next general election would adopt the same ideology and maintain EU policy and mechanisms which it sees as helpful and useful due to the pressure from “insider pressure groups”(Professor Wyn Grant), other political parties such as the ‘Green Party’ and the fact that the work will already have been started and negotiations regarding ‘Brexit’ already made in Brussels by the May Administration.

However, whilst all this sounds straight forward in theory and the idea of losing EU policy not a worry as we will keep a lot of it anyway, it will take a lot of time and work by our lawyers. A speaker on BBC Radio 4’s ‘Today Programme’ (July 2017)estimated that it could take up to fifteen years just to “untangle” EU law regarding agriculture and tailor it more to UK needs. Whilst it sounds positive to have more ‘UK specific’ environmental laws which meet UN guidelines as well, it raises the question of what we do in the meantime between receiving no help or guidance on updated EU policy and fully creating our own. It may be a difficult and long process which could be very beneficial but also unsuccessful.

The ‘Climate Change Committee’ noted that “after leaving, the UK may need to submit a national pledge of effort to the UN climate process, which could be based on legislated carbon budgets.”This, yet again seem to create more work and more difficulties however it could bring about new policy which is more beneficial to the UK’s environmental needs whilst being in-line with global needs and targets.


To conclude, it would be long-winded and difficult to sift through all the EU legislation and tailor it to UK needs but it could be very beneficial to the UK and to our trading partners. We will have to see how it works out whilst making sure that our government and law makers make an effective and efficient job of selecting an deselecting existing EU environmental policy whilst making sure we are independent of EU rules enough to maintain a good level of electoral consistency in adhering to the ideology behind ‘Brexit’: to be rid of most EU ties and rules


 
 
 

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