A UN compliance committee is considering a complaint submitted by Sustain member Friends of the Earth, alleging that the UK government has breached the Aarhus Convention by not consulting the British public over the EU Withdrawal Bill
The British government may have breached a major “environmental democracy” law by failing to consult the public when drawing up Brexit legislation.
A UN-backed committee has confirmed it is considering a complaint from Friends of the Earth that the government’s EU withdrawal bill breached the Aarhus convention, which requires public consultation on any new environmental law.
Most of the UK’s environmental laws derive from or interact with EU law, and Friends of the Earth (FoE) has raised concerns that the bill gives ministers “unique and wide-ranging powers” to amend or delete EU-derived environmental law without public consultation, if ministers consider it appropriate.
According to Defra, “over 1,100 core pieces of directly applicable EU legislation and national implementing legislation” fall within the department’s remit.
William Rundle, lawyer for Friends of the Earth, said: “The government said Brexit was about taking back control, yet it has ignored the views of the UK people in taking it forwards. There has been no consultation on what the withdrawal bill could mean for the environment and environmental legal protections, or what is the best way forwards.
“The Aarhus convention requires effective consultation when new laws are being prepared that can significantly affect the environment, such as the EU withdrawal bill. Thiswould have allowed environmental issues to be debated and understood, but also built democratic accountability and public confidence."
“The current approach by government in conducting Brexit fails to do this; they didn’t even try. Nobody thought Brexit would be easy, but the government cannot ignore its legal obligations, or the views of the people.”
Read the full story in The Guardian.
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