Navigating the Green Path: Environmental Policy Making in a Post-Brexit UK

Introduction

In the wake of Brexit, the United Kingdom (UK) has embarked on the task of detangling the environmental policy that they wish to keep from the European Union’s directives they have been tied to for decades. The UK possesses the autonomy to craft their own green path. This is, however, a more complex task than civil servants simply trudging through policy documents. It comes with a plethora of challenges and with critics claiming that the UK has already fallen way behind on almost every area of Environmental Policy , it is clear there is a way to go. Despite this, it is not all doom and gloom. The UK is in a unique position to expand and become a global leader in the environment by constructing policy to meet domestic needs and embark on international cooperation.

British Countryside, Creator/Credit: rawpixel.com

Current challenges being faced post-Brexit

The EU has a large effect upon its members environmental policies (Zito et al, 2020:87), and the case of the UK was no different. It had long been characterised by a profound amount of Europeanisation of the policy (Gravey and Jordan, 2023:2350). It is now the job of the UK to think on its own feet about what they require, and how they wish to implement it.

A major challenge lies in the devolved governments. Environmental regulation comes as a devolved power, and thus naturally are pursuing different frameworks. Scotland has declared that it will follow EU regulations, whilst in the special case of Northern Ireland, the formal alignment with the European Single Market in key areas means that it is also committed to continuing to shadow aspects of EU Environmental Law (Baldock, 2022:1). In England there is no preference for aligning with EU partners in addressing environmental questions (Baldock, 2022:3). This means that while Westminster is trying to show its independence post-Brexit, they are struggling to depart from the overarching European policies.

Another of these challenges comes from the loss of the collaborative framework within the EU, which removes certain standards and protections which have previously been in place. Critics have expressed that without the oversight of EU regulations, the UK Government may prioritise economic interests over environmental conservation leading to weaker standards (Burns, 2015:1). Leaving the EU means that the UK needs to form its own, independent regulatory bodies to address issues in policy.

Concerns: an Example

Many environmental concerns have arisen since Brexit, some of which are substantiated. It has been found that since Brexit, the UK has weakened its environmental rules in key policy areas, from chemicals to climate. In tandem with environmental policy, the uncertainty pertaining to future trade agreements could result in deregulation in attempt to facilitate foreign investment.

An example of this concern can be found in chemical policy. The UK has left the EU chemical regulatory body called EU Reach and has created its own, UK Reach. The Reach bodies contain a list of substances they deem to be a concern. The last additions to the UK’s list were made more than three years ago in June 2020, whereas in comparison the European Chemicals Agency has added 26 substances to its equivalent list. This lack of proactivity leads to questions on whether the UK is doing enough to protect its citizens from the harmful effects of toxins, as well as numerous other areas of concern.

Chemical Engineers and Scientists, Creator: This is Engineering/Credit: Harry Parvin

Opportunities and What has been done already

Although this is a time when almost all areas of policy in the UK need changes, it is the embodiment of the opportunity Brexit presents. The UK has the option to now position itself as a champion of sustainability and good practice. Positive strides have been made toward a greener UK through tailoring of regulations.

The Environment Act

The Environment Act which became law in 2021 acts as the UK’s framework for environmental protection. This Act was intended to fill the gaps that would be left after removal of the original directions from the EU. Amongst its lines contained a new environmental watchdog, the Office for Environmental Protection and other government bodies to ensure that environmental laws are complied with. This is the first major step taken by the UK toward bringing policy to the same standard as the continually assessd European counterpart.

Conclusion

The exercising of the flexibility of no longer being tied to EU directive remains in early days for the UK Government, and what other strides will be made still remains to be seen. However, despite the concerns of critics around what has not been achieved; there is benefit in looking at the number of positive steps that have been taken.

References

Baldock, D. (2022) Environmental regulation in the UK after Brexit, Friedrich Ebert Stuftung. Available at: https://library.fes.de/pdf-files/bueros/london/19842.pdf (Accessed: 21 February 2024). 

Burns, C. (2015) The EU referendum and the environment, Friends of the Earth. Available at: https://friendsoftheearth.uk/sites/default/files/downloads/eu-referendum-environment-81600.pdf (Accessed: 21 February 2024). 

ClientEarth Communications (2022) The UK environment act – what’s happening now?, ClientEarth. Available at: https://www.clientearth.org/latest/news/why-the-uk-environment-bill-matters/#:~:text=The%20Environment%20Act%2C%20which%20became,intended%20to%20fill%20the%20gap (Accessed: 21 February 2024). 

Gravey, V. and Jordan, A.J. (2023) ‘UK environmental policy and Brexit: Simultaneously de-europeanising, disengaging and (Re)-engaging?’, Journal of European Public Policy, 30(11), pp. 2349–2371. doi:10.1080/13501763.2023.2201613. 

Horton, H. (2024) Brexit divergence from EU destroying UK’s vital environmental protections, The Guardian. Available at: https://www.theguardian.com/environment/2024/jan/19/brexit-divergence-from-eu-destroying-vital-environmental-protections (Accessed: 21 February 2024). 

Niranjan, A. (2024) UK ‘used to be a leader on climate’, lament European lawmakers, The Guardian. Available at: https://www.theguardian.com/environment/2024/jan/20/uk-used-to-be-a-leader-on-climate-lament-european-lawmakers (Accessed: 21 February 2024). 

Zito, A.R. et al. (2020) The Future of European Union Environmental Politics and policy. London, UK: Routledge.