What we do

UKELA's Brexit Task Force (BTF) was formally disbanded in February 2020. You can read about the extensive programme of activity undertaken by the BTF on our dedicated pages. In its place, the Governance and Devolution Group (GDG) has been established. Its role is to co-ordinate and lead UKELA’s work on environmental governance and devolution issues within a new, post-EU, environmental law and policy framework. You can read the Terms of Reference below.

The co-Chairs of the GDG are Professor Colin Reid, Professor of Law at the University of Dundee and Oliver Spencer, associate solicitor at BDB Pitmans group.

Terms of Reference

 

 

 

Chloe Anthony 

Lecturer in Law, School of Law, Politics and Sociology, University of Sussex

Oliver Spencer

Associate solicitor at BDB Pitmans LLP

 

Publications on post-Brexit and environmental law

The Governance and Devolution Group co-ordinate and lead UKELA’s work on environmental governance and devolution issues within a new, post-EU, environmental law and policy framework. Publications and briefing paper commissioned by GDG are listed here. 

 

Briefing paper on the Retained EU Law (Revocation and Reform) Act 2023 (November 2023)

UKELA's Governance and Devolution Group has prepared a new briefing giving an overview of the 2023 Act and making recommendations for the review and reform of environmental law under the Act. The Retained EU Law (Revocation and Reform) Act 2023 enacted in June 2023 will be critical for UK environmental law in the coming months and years. It provides for the revocation of 587 retained EU laws at the end of 2023. Ministers also have powers under the Act to restate, reproduce, replace or revoke retained EU law, which will be known as ‘assimilated law’ from 2024. Further, the Act changes the way the courts may depart from retained EU case law.  This UKELA briefing paper offers an overview of the Act and its implications for environmental law across the UK, with recommendations for the review and reform of environmental law. Read briefing paper


Briefing paper on Post-Brexit legal frameworks for environment and trade (March 2023)

The UK Government has committed to improving environmental protection post-Brexit. This briefing paper looks at the legal arrangements supporting this commitment and how far they safeguard against lowering levels of environmental protection. The focus is on the new UK-EU relationship, domestic arrangements for trade and environment, and three of the UK’s new trade agreements – those with Japan, Australia and New Zealand. Recommendations are made for strengthening the coherence between trade and environment post-Brexit. Read briefing paper

 

 

Responses to consultation papers

If you are seeking an older consultation paper, please email us. 

  

Response to the Scottish Government’s Report into the Effectiveness of Governance Arrangements

Posted on 11/10/2023
UKELA's response to the Scottish Government’s Report into the Effectiveness of Governance Arrangements, as required by section 41 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021.

  

Response to the Net Zero, Energy and Transport Committee

Posted on 11/10/2023
UKELA's response to the Net Zero, Energy and Transport Committee call for views on the Environmental Principles Statutory Guidance and Environmental Governance.

  

Response to the Scottish Parliament on the Circular Economy Bill

Posted on 31/08/2023
UKELA's submissions to the Net Zero, Energy and Transport Committee of the Scottish Parliament on the Circular Economy (Scotland) Bill, led by UKELA Scotland with input from the Governance and Devolution Group.

  

Response to the Scottish Parliament on REUL Bill

Posted on 24/11/2022
UKELA submissions to the Scottish Parliament on the legislative consent memorandum for the retained EU Law (Revocation and Reform) Bill

  

Response to the Public Bill Committee on REUL Bill

Posted on 21/11/2022
UKELA's response to call for evidence by the House of Commons Public Bill Committee on the REUL Bill, led by the Governance and Devolution Group.

  

Net Zero, Energy and Transport Committee

Posted on 18/10/2022
UKELA's response to the Net Zero, Energy and Transport Committee on proposals for environmental outcomes report, led by the Governance and Devolution Group.

  

Environmental Standards Scotland strategy consultation UKELA response

Posted on 16/08/2022
UKELA has submitted its response on 16 August 2022, welcoming the publication of the draft strategy. We also welcomed that ESS recognises that the environmental challenges facing Scotland are urgent and serious.

  

Response to Scotland's biodiversity strategy

Posted on 30/06/2022
UKELA's response to the Scottish Government’s Biodiversity Strategy consultation, led by the Governance and Devolution Group (June 2022)

  

Response to DEFRA's Environmental Targets consultation

Posted on 15/06/2022
UKELA's response to DEFRA's Environmental Targets consultation, led by the Governance and Devolution Group (June 2022).

  

House of Commons European Scrutiny Committee

Posted on 18/04/2022
UKELA's response to the House of Commons European Scrutiny Committee Inquiry: Retailed EU Law - where next? Led the Governance and Devolution Group.

  

Response to the Office of Environmental Protection

Posted on 18/03/2022
UKELA's response to the Office for Environmental Protection's strategy and enforcement policy, led by the Governance and devolution group, (March 2022).

  

Scottish Government statutory guidance

Posted on 03/03/2022
UKELA's response to the Scottish Government: 'Guiding principles: consultation on statutory guidance.

2021

  • UKELA's consultation response to the BEIS Regulation Reform, led by the Governance and Devolution Group (1 October 2021). Read paper
    Response to the call for evidence by the House of Lords Common Frameworks Scrutiny Committee, led by the Governance and Devolution Group (16 September 2021) . Read paper
  • Response to the consultation on amending the Civil Procedure Rules to establish Environmental Review, led by the Governance and Devolution Group (Defra, July 2021). Read paper
  • Response to the Law Commission's 14th Programme of Law Reform, led by Governance and Devolution Group (30 July 2021). Read paper
  • Response to the Environmental Governance Consultation on the draft policy statement of Environmental Principles - Defra, 10.3.21 (2 June 2021). Read paper
  • Response on Judicial Review Reform led by the Environmental Litigation Working Party, with input from the Governance and Devolution Group ((29 April 2021). Read paper
  • Consultation response on the UK-EU Trade and Cooperation Agreement (TCA) providing discussion and analysis in the policy area of environment and climate change, led by the Governance and  Devolution Group (February 2021). Read paper
  •  Consultation response on a Northern Ireland Climate Change Bill led by the Northern Ireland Working Party and the Governance and Devolution Group (February 2021) - Read paper