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UK government urgently readies environment watchdog for no-deal Brexit

Work is underway to have a version of the Office for Environmental Protection (OEP) established almost immediately after a no deal Brexit, to avoid a hiatus in environmental protection
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A post-EU environmental watchdog could be ready soon
Russell Hart / Alamy Stock Photo

The government has begun preparations to have its environmental watchdog ready within a month of a no deal Brexit, a source close to the process has told Âé¶¹´«Ã½.

In a sign of how seriously the government is taking the prospect of the UK exiting the EU without a deal on 31 October, work is underway to have a version of the Office for Environmental Protection (OEP) established almost immediately to avoid a substantial hiatus in environmental protection. Government staff are already in place. “Plans are afoot to react to the political situation,†the source said, speaking on condition of anonymity.

Environment secretary Michael Gove the independent watchdog, designed to take on powers of European institutions over post-Brexit environmental breaches such as illegal levels of air pollution, will ensure a “green Brexitâ€. The OEP was originally planned to be ready by the end of the two year transition period if the UK-EU withdrawal agreement is passed by parliament.

But there is an increasing prospect of the UK leaving the EU with no deal, as both Conservative leadership contenders have indicated they are willing to do. That would leave no enforcement bodies in place, which would be “suboptimalâ€. Ministers have suggested an interim secretariat could provide a holding role in the event of a no deal Brexit.

However, sources with knowledge of the process now say a version of the OEP, not the interim body, would be ready within a month of no deal. “There is a plan in place to allow the requirements of the OEP to be delivered as quickly as possible as we exit,†they said.

The urgency of establishing the watchdog is to avoid the prospect of EU environmental laws being transposed to British law but – in the absence of an authority such as the European Court of Justice – without an enforcement body to back it up. “It’s so we are not in a compromised position once we exit,†the source said.

The Department for Environment, Food and Rural Affairs told  Âé¶¹´«Ã½Â â€œIn a no deal scenario, we will work to ensure that the OEP is in place as soon as possible, subject to the approval of parliament and the Environment Act receiving royal assent.â€

Caroline Lucas, a member of parliament for the Green party, says: “Without a body to ensure compliance and the regular updating of our laws, we’ll end up with zombie legislation that simply doesn’t work. Given the growing threat of a no deal, it’s essential that preparations are massively accelerated to ensure the watchdog is ready and raring to go as soon as it’s needed, and that its powers are enhanced.â€

But establishing the OEP would require the government to publish its environment bill in full and have it passed by parliament, potentially in October. While difficult, that is feasible, the source said.

“The next prime minister must urgently bring forward an ambitious environment bill that can restore nature and tackle air pollution,†says Ruth Chambers of environmental coalition Greener UK. “To tackle the environmental crisis the bill needs to establish legally binding targets and a strong new independent body to enforce them.â€

Topics: Environment