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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

Harry Cockburn
Friday 21 June 2019 02:01 EDT
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Campaigners say they are concerned the government has 'unlawfully introduced sweeping new powers behind the scenes that weaken environmental protection'
Campaigners say they are concerned the government has 'unlawfully introduced sweeping new powers behind the scenes that weaken environmental protection' (Getty)

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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.

“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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