The comments follow the Secretary of State for Exiting the European Union David Davis’ ministerial statement to MPs on Monday (5 September) in which he outlined work that has taken place since the 23 June EU Referendum to prepare for exit negotiations.
Speaking in the House of Commons, Mr Davis reiterated the Prime Minister’s comments, stating “there will be no attempt to stay in the EU by the back door.”
But, the minister was widely criticised for failing to set out a concrete vision as to how the government intends to approach the exit negotiations, instead stating that his Department will be carrying out a period of ‘regulatory analysis’ to identify the ‘key factors’ that will shape the negotiations.
Commenting following the address, Roy Hathaway, European policy advisor for the waste sector trade body the Environmental Services Association (ESA) told letsrecycle.com that it is ‘too early’ to expect detailed plans from the minister on the status of environmental laws.
Framework
But, Mr Hathaway stressed that the government does need to “lay down a long-term policy framework” in order to encourage investment in the waste sector.
He said: “We don’t know yet whether the UK will still have access to the single market and whether EU environmental legislation will continue to apply or not. But regardless of that, the industry needs the government to lay down a long-term policy framework, so the industry can invest in a circular economy framework.”
“We don’t know yet whether the UK will still have access to the single market and whether EU environmental legislation will continue to apply or not. But regardless of that, the industry needs the government to lay down a long-term policy framework, so the industry can invest in a circular economy framework.”
Roy Hathaway
ESA
On the possibilities of current and even future EU environmental laws – such as the Circular Economy Package, which is currently being negotiated by EU politicians – continuing to apply in the UK even if it is no longer an EU member, he added that government needs to offer clarity.
He said: “Defra officials have been told to carry on negotiations [on the Circular Economy Package], because it’s possible they will still apply in the future. Of course it’s possible they won’t apply, in which case we’d want the government to put similar rules in place so that the industry has a long term policy framework and can invest in appropriate waste infrastructure.
“We weren’t expecting a statement from David Davis to say anything in detail on the government’s plans on environmental legislation. It would be unrealistic to expect that at this early stage.”
Dentons
Commenting on the “marked lack of clarity from the government on what approach will be taken to environmental legislation in the Brexit negotiation,” Sam Boileau, partner at global law firm Dentons, which specialises in waste legislation, echoed warnings over uncertainty and a potential impact on “investment in operational areas directly influenced by environmental standards and regulation.”
He added: “The waste industry is particularly at risk in this respect given that investment in the sector is in part driven directly by knowledge of current and impending regulatory requirements and restrictions on waste generation, handling, disposal and recovery.”
Mr Boileau concluded: “I think for environmental law, Brexit presents both a threat and an opportunity. A threat because if there is a poorly managed transition where important environmental rules and incentive systems fall away and are not replaced, this will discourage investment and cause confusion amongst operators. It may also lead to a drop in environmental standards even amongst law abiding businesses.
“An opportunity because the EU legal framework is inflexible and can be slow to react. Without it, the UK government and regulators will have the opportunity to design and consult upon a more sophisticated, flexible and effective environmental regime.
IEEP
Andrew Farmer, director of research and head of industry, waste and water programme at the Institute of European Environmental Policy (IEEP) – a London-based environmental policy think tank – told letsrecycle.com that the “lack of visibility on the environment has just mirrored the whole Brexit campaign from day one.”
He added: “We would like to see the environmental protection provided by EU law delivered in the UK – that doesn’t mean following every dot and comma of EU law, but we want to see that same level of environmental protection.”
letsrecycle.com has contacted the Department for Exiting the European Union for comment on progress in assessing environmental legislation ahead of EU exit negotiations, but the Department has yet to respond.
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