Group 1: Environmental Principles and Governance (Amendment 9)

Part of the debate – in the Senedd at 5:45 pm on 21 March 2018.

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Photo of Julie James Julie James Labour 5:45, 21 March 2018

Well, I was going to start by thanking Members for their contributions, but I'm a little hesitant to do that. I am, though, grateful that Simon Thomas has again demonstrated the great importance the Assembly places on ensuring the environment in Wales is preserved for future generations, and I'm grateful for that, because, as a Government, we do wholeheartedly agree with the sentiments behind the amendment. We've been clear and consistent in our message that Brexit must not result in any dilution of the rights that currently flow from our membership of the EU or of the standards that apply across member states. This includes environmental standards.

I referred yesterday, during the Stage 2 debate, to our proven track record on the environment. This includes the Environment (Wales) Act 2016, which provides an important overarching framework for environmental protection in Wales. The Well-being of Future Generations (Wales) Act 2015, a landmark piece of legislation, will guide our use of the powers in the Law Derived from the European Union (Wales) Bill. It places the environment and sustainable development at the heart of our Government here in Wales. I emphasise again how Lesley Griffiths, the Cabinet Secretary for Energy, Planning and Rural Affairs, has already made clear that we are committed to maintaining and enhancing environmental standards, and we will continue to build on the positive outcomes we have achieved to date. This clearly demonstrates the Government's commitment to the environment.

While we are unequivocal in our support for the environmental principles cited in Simon Thomas's amendment, we have to consider the amendment in the context of the Bill before us today and recognise the implications that passing the amendment would have. The LDEU Bill already sets out how the various types of EU law are to be converted into, and secured within, our domestic legal system after we leave the EU. Because environmental principles do not have a single legal status or effect, this Bill will apply differently to them, depending on the matter at issue. For example, the precautionary principle, as a general principle of EU law, is given effect by section 7 of the Bill. It requires that all EU derived law must be interpreted in accordance with it. The polluter-pays principle will be subject to section 5 of the Bill and will continue to be part of the domestic law in Wales after exit.

The amendment Simon Thomas has tabled today differs from the amendment he tabled at Stage 2 in one important way—and you made specific reference to this. It makes reference to environmental governance and the functions currently carried out by EU institutions with regard to the protection of the environment. Can I reassure Members that we are absolutely committed—although I'm not sure I'm reassuring Neil Hamilton, but I reassure everybody else—that we are absolutely committed to ensuring that we do not leave any gaps in environmental protections after we leave the EU? It's in all our interests to ensure that, for example, any environmental damage continues to be monitored and that action to enforce the law is taken. This Bill confers all the powers needed to transfer any existing functions relating to the policing, monitoring or enforcement of all environmental EU law. 

Llywydd, the primary purpose of this Bill is to fill the legislative gaps that will arise as a result of the UK leaving the EU, including those in relation to the environment. This is a Bill designed to provide legislative continuity as we leave the EU. It has been introduced to this Assembly via the emergency procedure, and, as such, there has been minimal time for scrutiny of new and emerging issues. This is not the vehicle to provide for the new legislative framework for the environment post Brexit, which this amendment seeks to do. [Interruption.] Well, I can hear David Melding muttering from below. I was glad to see him take part in the debate today—I will take an intervention.