Risk to water regulation from European law sunsetting Bill draws more criticism

Criticism of the jeopardy into which the Government’s Retained EU Law Bill puts water environment regulation continued last week.

During a debate in the Lords on Clause 15, which allows ministers to amend important retained EU environmental law on nature, water and chemicals, a number of peers voiced their concerns and proposed amendments.

Shadow environment spokesperson Baroness Hayman of Ullock argued in favour of Amendment 130, which she said "would ensure that the powers to amend the important pieces of retained EU environment law do not reduce the level of environmental protection that is provided for in them”.

She explained: “My Amendment 130 focuses on regulations that have been earmarked as priorities for review and on which the Government already have amending powers. For example, during the evidence session with the House of Lords Environment and Climate Change Committee, the Defra Secretary of State referred to the goal of the Environment Agency to change quite a lot of the water framework directive. What does she mean by that?”

However Defra minister Lord Benyon said: "I recognise that the noble Baroness, Lady Hayman, may have concerns about the powers within the Bill and the impact their use may have on regulations related to environmental standards. I reassure her that such concerns are unfounded.”

Meanwhile on Twitter, the RSPB pointed out the irony of the fact that: “Defra’s response to the Our Troubled Rivers documentary [Paul Whitehouse, BBC2] is hailing the very protections UK Government is threatening to reduce or remove through the Retained EU Law Bill.”

The RSPB argued: “The disastrous Retained EU Law Bill has put all of our water quality regulations on notice,” and criticised Defra for having "shared none of their thinking about how this process will maintain, let alone enhance, existing levels of protection”.

The group said flagship water quality rules the Water Environment Regulations (the WFD), the Urban Wastewater Treatment Regulations and the permitting regulations themselves are all in danger. Meanwhile “the longer-term Environment Act targets that have been introduced don’t have an equivalent objective to get water bodies into good overall health”.

The RSPB called for a clear statement from Defra that it remains committed to retaining and meeting our existing water quality rules: the WFD target for 75% of waterbodies to be in good health by 2027.