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Brexit in England, Scotland, Wales and Northern Ireland

The UK's relationship with the EU

Between now and the date UK formally withdraws

The UK will remain a full member of the European Union until it completes the process of withdrawal under Article 50 of the Treaty on European Union (also known as the Lisbon Treaty). This process was started by letter of 29 March 2017 to European Council President Donald Tusk. It could take up to two years to complete.

Until the Article 50 process is completed, the UK will remain bound by EU law. Governments, regulators and courts across the UK will be required to continue to enforce our domestic laws and measures that implement European environmental law.

Relationship after the date of withdrawal from the EU

The exact nature of the future relationship between the UK and the EU will be decided in the course of negotiations.

The UK Government has indicated that it intends to leave not only the EU, but also the single market. In broad terms, in the future the UK will no longer be bound to give effect to EU environmental laws, and there will be an end to the jurisdiction of the European Court of Justice.

For more information about the UK's negotiating objectives read Prime Minister Theresa May's statement to the House of Commons on triggering Article 50.

Domestic Environmental Law After Brexit

UK position

The UK Government intends to keep in place immediately after withdrawal those EU environmental laws and rules that currently apply in the UK, 'wherever practicable and sensible'. This will be achieved through The Great Repeal Bill and other legislation.

The UK Government's Great Repeal Bill White Paper gives more information about how this will work. The Bill is expected to be published in May 2017.

Scotland

On 20 December 2016 the First Minister published proposals to keep Scotland in the European Single Market, retain freedom of movement, and to equip the Scottish Parliament with powers to serve Scotland's interests post-Brexit.

Scotland’s Place in Europe, 20 December 2016

As stated by the Cabinet Secretary for Environment, Climate Change and Land Reform, Roseanna Cunningham, there are no plans to amend or revoke any environmental legislation as a result of the EU referendum. Similarly, the Scottish Government has no plans to alter its domestic policies and priorities on the environment, such as delivery of climate change targets, as a result of the referendum. See the following press release from Scottish Government for further information.

Europe and the Environment, press release of 3 October 2016

EU environment pledge

News Releases

http://news.scotland.gov.uk/News/Europe-and-the-environment-2c58.aspx

http://news.scotland.gov.uk/News/New-Minister-appointment-2968.aspx

http://news.scotland.gov.uk/News/Council-of-Economic-Advisers-28fa.aspx

http://news.scotland.gov.uk/News/EU-environment-pledge-2766.aspx

http://news.scotland.gov.uk/News/Reassurance-following-EU-referendum-25fe.aspx

Wales

The Welsh First Minister Carwyn Jones has made clear it is Wales' priority that UK should retain access to the single market (a 'soft Brexit'). The Cabinet Secretary for the Environment and Rural Affairs, Lesley Griffiths has indicated that the Welsh Government will be looking at how to develop Welsh-specific policies that build upon EU environmental policies and legislation concerning the environment, health, farming and fisheries so as to meet Welsh needs.

The future of farming policy (and its implications for the environment) is a particularly important issue in Wales, which has access to considerable EU funding. UK minister George Eustace has said he cannot guarantee that future agricultural support programmes will be as generous as current EU subsidies. Any future Welsh agriculture policy will have to sit within a UK wide framework.

Press Articles and New Releases

Brexit: Talks over Wales' farming and agriculture future, 4 July 2016

No post-Brexit farming subsidies guarantee from minister, 20 July 2016

First Minister sets out his vision for post-Brexit Wales, Friday 9 September 2016

Welsh Environment Secretary Holds Talks Over Post-Brexit EU Partnership, September 2016

Northern Ireland

First Minister Arlene Foster has indicated she has "no time for those who want to re-fight the referendum", and that the government should be looking forward to the opportunities Brexit presents. This follows a High Court ruling that rejected a claim that the Good Friday Agreement prevented the government from triggering the Article 50 Brexit process. Minister for Agriculture, Environment and Rural Affairs Michelle McIlveen has stated that Northern Ireland must be closely and directly involved in UK's domestic agricultural, environmental and fisheries policy and trade agendas as they unfold in order to maximise the opportunities that will come with Brexit.

Northern Ireland will need to decide how to regulate on cross-border environmental matters, in the event of a hard Brexit where European laws only continue to apply in the Republic of Ireland. Key issues include transfrontier shipments of waste, pollution of cross-border water bodies, and environmental impact assessment of developments.

Press articles and new releases

Arlene Foster: Brexit 'UK's biggest economic opportunity for decades', 29 October 2016

Belfast High Court rejects Brexit challenges, 28 October 2016

McIlveen discusses EU exit with Cabinet Ministers, 1 September 2016

This page was printed from the website of the UK Environmental Law Association at www.ukela.org.
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