‘Momentous day’: Environment Bill finally becomes law despite lingering concerns from green groups
Legislation finally secures Lords’ approval but Greener UK warns ‘gaping holes’ in environmental protections remain
Long-awaited environmental legislation that promises to establish the UK’s first legally-binding nature targets overseen by a new, largely-independent watchdog has finally passed into law today, despite lingering concerns that the law may still leave “gaping holes” in green protections.
The Environment Bill has now officially become the Environment Act after the House of Lords officially gave Royal Assent to the legislation this evening, more than years since it was first announced by the government, and almost two years since it was first presented in Parliament.
The Bill had faced opposition from peers in recent weeks who had sought to add amendments requiring water companies to take stronger action to tackle sewage discharge into rivers, prompting a major row in Westminster.
However, following a characteristic U-turn from the government late last month, peers this evening agreed to back compromise amendments to the Bill that would place stronger requirements for water companies on sewage, and also strengthen courts’ powers to enforce green laws.
Environment Minister Rebecca Pow hailed the passage of the Environment Act as a “momentous day”.
A momentous day – Royal Assent granted by HM to the Environment Act 2021. After a remarkable 2 year passage thr Parliament we have a ground breaking framework for a sustainable future. Huge thx to ALL involved – truly honoured to have been a part of this@DefraGovUK @ZacGoldsmith pic.twitter.com/2QKFujlY76
— Rebecca Pow (@pow_rebecca) November 9, 2021
It marks the end of a long-running saga for the government’s flagship environmental legislation, which has faced numerous changes and additions since it was first proposed in 2018.
The UK’s 2016 decision to exit the European Union prompted a long-battle from green groups to ensure Brexit did not lead to a watering-down of environmental laws, regulations, targets and legal principles, the overwhelming majority of which were derived from and governed by the EU.
The government has repeatedly promised to deliver a ‘Green Brexit’ and leave the UK’s environment in a better state than when it entered office, but green groups have relentlessly sought to strengthen its proposals they warned could lead to a ‘race to the bottom’ on green standards once outside the auspices of the EU.
And with the Environment Act passed today, the UK now has its own domestic governance arrangements in place aimed at ensuring green laws are adhered to and enforced, alongside plans for a host of legally-binding targets covering air pollution, biodiversity, water quality, and waste.
The flagship environmental legislation also establishes a new Office for Environmental Protection (OEP) tasked with overseeing these laws and targets, which has been given the power to address climate law, launch its own investigations, and hold the government and public authorities to account on their green performance.
The new law will also extend some protections for the natural environment, such as beefing-up ‘biodiversity net-gain’ requirements for developers of nationally-significant infrastructure, and placing a ban on the import of products linked to illegal deforestation around the world.
Greener UK – the coalition of environmental groups campaigning for a ‘green Brexit’ – welcomed the many improvements to the Bill since it was first proposed in 2018, but also highlighted lingering concerns surrounding the country’s environmental governance regime under the Act.
Ruth Chambers, senior parliamentary affairs associate at Greener UK, said NGOs and parliamentarians had worked “tirelessly” over the past three years to build a “much strengthened Environment Act”, but warned that it was still not strong enough.
“We cannot view the Act as the world leading legislation we were promised,” Chambers said. “Environmental laws are less protected than before. The Scottish system will outstrip England’s for strength and independence. There are gaping holes in how key environmental principles will apply to government decisions.”
Greener UK warned that as the government had retained the power to issue ‘guidance’ to the OEP, including in cases that affect minister themselves, it risked compromising the watchdog’s independence and demonstrated a “serious conflict of interest”.
Moreover, it said the process for setting the proposed legally-binding environmental targets still lacked transparency in how expert advice could be utilised, and that there was also no requirement for setting binding interim goals, demonstrating a “far cry” from how UK climate targets are set.
And with key government agencies such as Natural England and the Environment Agency having suffered swingeing budget cuts over the past decade or so, their ability to deliver on the enhanced requirements set out in the Environment Bill could also be severely constricted, Greener UK said.
Calls have also come for the government to expand its ban on imports linked to illegal deforestation to also be extended to include legal deforestation, with campaigners pointing out that in some parts of the world damaging forest destruction may still be allowed under local laws.
“The Bill’s main strengths are frameworks and aspirations that now depend on government policies,” Chambers added. “Will ministers fund and deliver the programmes to meet those important targets and enrich our natural environment?”
However, the Act’s passage today has nevertheless prompted cautious hope among green groups businesses of a renewed focus on reversing the decline of nature and combatting pollution in the UK.
Katie White, WWF’s executive director of advocacy and campaigns, said the legislation “holds great promise and we welcome its passage into law”, as she stressed the importance of maintaining full independence for the new watchdog tasked with overseeing and enforcing Britain’s green rules.
“With nature in freefall and the climate in crisis, there isn’t a moment to waste in bringing good environmental laws into force,” she said. “Every promise must be kept if we’re to put nature on the path to recovery, and future generations won’t forgive or forget those who fail to act while there’s still time.”
It comes as the UK hosts the pivotal UN Climate Summit in Glasgow, which has already seen a host of global commitments on deforestation and nature-based solutions to the climate crisis.
Nick Molho, executive director of green business body the Aldersgate Group hailed the Environment Act as “a major milestone for the UK, particularly as it hosts the important COP26 Climate Summit”.
“Having a framework which supports nature restoration and looks at the whole of the environment – including land as well as sea – is a key step forward in efforts to reverse the decline of nature,” he said. “Businesses have long supported an ambitious and robust Environment Act, and having legally binding long-term targets will play a significant role in making continuous improvements to the natural environment.”
