4. Will the Minister make a statement on the effect of Brexit on environmental policy in Wales? OAQ(5)0064(ERA)[W]

Diolch. Our world-leading Well-being of Future Generations (Wales) Act 2015 and Environment (Wales) Act 2016 put in place a strong foundation ahead of Brexit and deliver on the Convention on Biological Diversity, the Paris agreement and the UN global goals. They provide a clear direction based on key international obligations, which will not change as a result of Brexit.

Could I ask what assessment of the implications of Brexit for Wales as a GM-free nation has been made? Can I ask you to commit to protect that status in any negotiations that you have?

That hasn’t been looked at initially as part of the implications, but, certainly, we will continue to take the precautionary approach we have taken over the past years.

Clearly, the environment knows no borders or boundaries. What is the Welsh Government’s view on the form of enforcement mechanism that will be required at a UK level for environment policy after we leave the EU? Evidence to the External Affairs and Additional Legislation Committee from Aberystwyth University refers to discussions about the creation of a UK environment court. A representative from the University of York said,

‘Whether or not it needs to be an environmental court, I’m not quite sure… but if I were a lawyer, I’d be sitting here saying, “No, we need a new court”.’

Again, I haven’t looked into the issue of a court in great detail. I’m actually meeting Andrea Leadsom tomorrow, so it’s certainly something I can discuss. We’ve been very clear that the powers that have been devolved to this place since 1999 will be here. They may go into the repeal Act initially, but any powers will then come to us for us to have our own environmental policies going forward.

The air quality directive is one of the most important EU directives. Governments are required to achieve compliance by the soonest possible date that reduces exposure as quickly as possible. The Air Quality Standards (Wales) Regulations 2010 require Welsh Ministers to draw up and implement air quality plans to address pollution in the relevant zones, one of which is Cardiff. You will, I’m sure, be aware that the Government has been found wanting in the High Court, acting on behalf of the devolved administrations, and that Mr Justice Garnham has now ordered the UK Government and, presumably, the Welsh Government to produce new plans by the end of April 2017. I just wondered whether you could, in your discussions with Andrea Leadsom, tell us how we are going to accelerate our plans to reduce air pollution in Cardiff, which, as you know, is killing over 40,000 people across the UK before their time.

I am, of course, aware of the UK Government High Court ruling. Members will be aware that I’m out to consultation at the moment regarding air quality and noise management. That consultation is open until 6 December. I plan to use the evidence and the responses we get as part of that consultation—use the evidence going forward to when we have to then come forward with our response by the spring of next year.