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Government faces legal action over changes to Brexit laws which 'weaken environmental protections'

‘Henry VIII powers’ threaten to weaken protections safeguarding seals, otters, dolphins and seabirds, say environmental groups

Friday 21 June 2019 07:01 BST

Campaigners say they are concerned the government has 'unlawfully introduced sweeping new powers behind the scenes that weaken environmental protection' (Getty)

The government’s repeated promises of a “green Brexit” with the introduction of strong environmental protections to replace existing EU laws appear to be in doubt due to “behind the scenes” changes to government powers in the Withdrawal Act, campaigners say.

Environmental law firm ClientEarth and the Marine Conservation Society (MCS) are working with lawyers at Leigh Day Solicitors to take the government to court over Brexit laws they claim could weaken protections for wildlife and the seas.

The new measures, which they describe as “Henry VIII powers”, will allow ministers to alter and reduce standards for protected sites, the groups say.

Such a move could put seals, otters, dolphins and seabirds and other animals, plants and precious sites around the UK at risk, the environmental organisations say.

ClientEarth UK law and policy adviser Dr Tom West said: “The UK government has repeatedly promised that the environment would be safeguarded after Brexit.

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Davos 2019: David Attenborough issues stark warning about future of civilisation as he demands ‘practical solutions’ to combat climate change

Sir David Attenborough has issued a stark warning about climate change to business figures gathered in Davos, telling them that "what we do now...will profoundly affect the next few thousand years". On the eve of this year's World Economic Forum, the renowned naturalist told the audience that the worlds of business and politics should "get on with the practical solutions" needed to prevent environmental damage. "As a species we are expert problem solvers. But we've not yet applied ourselves to this problem with the focus it requires. "We can create a world with clean air and water, unlimited energy, and fish stocks that will sustain us well into the future. But to do that, we need a plan," he said. The broadcaster made his speech after receiving a Crystal Award, which is awarded by the forum to "exceptional cultural leaders".

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Two decades of research have revealed that 60 per cent of the world’s coffee species face extinction due to the combined threats of deforestation, disease and climate change. The wild strain of arabica, the most widely consumed coffee on the planet, is among those now recognised as endangered, raising concerns about its long-term survival. These results are worrying for the millions of farmers around the world who depend on the continued survival of coffee for their livelihoods. As conditions for coffee farming become tougher, scientists predict the industry will need to rely on wild varieties to develop more resilient strains

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Warming Antarctic waters are speeding the rate at which glaciers are melting

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Greater Manchester to ban fracking, paving way for confrontation with government over controversial industry

Greater Manchester is to effectively ban fracking, raising the prospect of fresh confrontation with the government over the controversial industry. All of the region’s 10 councils are to implement planning policies which create a “presumption” against drilling for shale gas in their areas, Manchester mayor Andy Burnham has announced. Campaigners said the move was the latest sign that the tide was turning against fracking, which has been the subject of multiple legal battles across the country. Critics of fracking say it poses environmental and health risks. Drilling at the UK’s only operational fracking site, run by Cuadrilla in Lancashire, has repeatedly been halted due to earth tremors. But ministers support the industry and last year unveiled plans to accelerate the development of new drilling sites

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Japan confirms plan to resume commercial whaling in its waters from next year

Japan will resume commercial whaling next year for the first time in more than three decades, in a move that has provoked strong criticism from campaigners and the international community. Chief cabinet secretary Yoshihide Suga said his nation would leave the International Whaling Commission (IWC) to resume hunting the marine mammals in Japanese waters. However, he stated the activity would be limited to Japan’s territory and the 200 mile exclusive economic zone along its coasts. This means controversial “scientific” trips to Antarctica in which Japanese vessels killed hundreds of whales, as well as activity in the northwest Pacific, will stop in 2019

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COP24: Environmental groups criticise ‘morally unacceptable’ climate deal reached after major Poland summit

Diplomats from around the world have agreed a major climate deal after two weeks of United Nations talks in Poland. But climate campaigners warned the deal – effectively a set of rules for how to govern the 2015 Paris climate accord – agreed between almost 200 countries lacked ambition or a clear promise of enhanced climate action. Activists cautiously welcomed elements of the plan, saying “important progress” had been made on ensuring that efforts to tackle climate change by individual nations can be measured and compared. But environmental groups were also highly critical of the agreement, warning it lacked ambition and clarity on key issues, including financing for climate projects for developing countries. The COP24 deal, which is aimed at providing firm guidelines for countries on how to transparently report their greenhouse gas emissions and their efforts to reduce them, was confirmed on 15 December, after talks overran

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DNA taken from massive shipments of ivory has been used to identify the three largest wildlife trafficking gangs operating at the height of Africa’s elephant poaching epidemic. Ivory tends to be shipped around the world from African ports in bulk, and scientists have used genetic evidence gleaned from intercepted batches to reveal their origins. Led by Dr Samuel Wasser from the University of Washington, they traced a number of these shipments to three cartels operating out of Kenya, Uganda and Togo. Evidence collected by Dr Wasser has already helped convict ivory kingpin Feisal Mohamed Ali, and as his team joins the dots between shipments they plan to shore up the cases against more of the continent’s most prolific smugglers

Art Wolfe

“So, it is extremely concerning that the government has quietly and unlawfully introduced sweeping new powers behind the scenes that weaken environmental protection.

“Quite rightly the public has been concerned by the use of so-called Henry VIII powers that give too much discretion to ministers to make new laws, with little scrutiny from Parliament, the public or civil society.”

Marine Conservation Society chief executive Sandy Luk said: “Whatever you think of Brexit, the government must keep its promise to the UK public that its seas, countryside and wildlife will not be worse off if EU protections are no longer in place.

“The management of marine protected areas is not strong enough under current legislation and allowing these changes will mean weaker protections for vulnerable species and habitats.

“We could even see the possibility of protected areas being abolished after Brexit.

“We cannot allow hard-won ocean protections, which will safeguard future generations and marine wildlife such as treasured dolphins and seabirds, to be lost or watered down.”

Additional reporting by PA

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