Overview
Green Alliance’s Legislation and Governance Unit was launched in January 2024. It picks up the baton on the work of the ground breaking post-Brexit initiative Greener UK, steered by Green Alliance, which came to a close in December 2023.
As the successor to Greener UK, the new unit is a unique hub for environmental sector activity focusing on important legal and governmental processes.
The unit’s priorities include tracking the implementation of the Environment Act 2021 to ensure its important provisions are realised, maintaining a close watch on how the sweeping powers in the Retained EU Law Act 2023 are used and pressing for stronger environmental governance and laws in Wales.
Building on the considerable expertise and networks developed during the seven years of the Greener UK coalition, the unit will produce briefings for parliament and expert analysis, scrutinise legislative and regulatory changes, and support the sector on parliamentary responses and knowledge sharing.
Letters
Exchange of letters between the Department for Food, Environment and Rural Affairs and Green Alliance on the department’s retained EU law revocation list, February 2024
Green Alliance was invited to give feedback on the Department for Food, Environment and Rural Affairs’ proposed list of retained EU laws to revoke under the Retained EU Law (Revocation and Reform) Act 2023 in January 2024. We welcomed this opportunity to engage and scrutinised the list alongside experts from partner organisations in the sector to make sure that the government’s commitments to uphold environmental protections and respect international obligations is delivered. We responded with some technical questions for Defra on specific laws which were answered by the department. The revocation list has now been laid before parliament via secondary legislation.
Briefings and consultation responses
Environmental principles, governance and biodiversity targets for a greener Wales 
The Welsh Government has published a White Paper setting out proposals to embed environmental principles in Welsh law, establish an environmental governance body, and introduce targets and statutory duties for the protection and restoration of biodiversity in Wales.
This is an opportunity to deliver a step change in the health of Wales’ natural environment and to close the gap in environmental governance and oversight that has existed in Wales since the UK left the EU.
In our response, we welcome the proposals and recommend that:
- The independence of the governance body should be strengthened by giving it a ring-fenced budget, with Senedd oversight on the appointment of its Chair and board.
- The duty on environmental principles should cover Welsh public authorities as well as ministers and be strengthened from ‘due regard’ to ‘apply’ or act in accordance with’.
- Binding interim targets should be set, alongside a strong link between targets and delivery plans to help propel the change needed to restore nature.
- The new governance system in Wales should be a cross government priority, properly resourced and informed by stakeholder input, with legislation passed swiftly in this Senedd term.
Three questions for the Welsh Cabinet Secretary on the new government governance body
Earlier this year the Welsh Government published proposals for a new environmental governance body and to enshrine a set of environmental principles and biodiversity targets in law. Although a welcome move, important details are yet to be clarified and the slow action on it to date is seriously worrying.
On 26 June, the Welsh Government Cabinet Secretary for Climate Change and Rural Affairs, Huw Irranca-Davies, will appear before the Senedd’s Climate Change, Environment and Infrastructure Committee. While the session will scrutinise the Cabinet Secretary’s entire and varied brief, this is a timely opportunity to check progress on the new governance body.
The Welsh Government’s evidence paper for the scrutiny session provides a brief update on the work of the interim environmental protection assessor for Wales, and on the white paper on environmental principles, governance and biodiversity targets. This states that analysis of consultation responses and a consultation report are underway, and that a policy response will be published before the summer recess. Officials will also work on the supporting bill documentation, including the regulatory impact assessment.
There are many policy questions where greater clarification from the Welsh Government would be helpful, but there are three issues of significant public interest on which the committee could usefully interrogate the Cabinet Secretary.
Government review of the Environmental Improvement Plan
We support a government review of the Environmental Improvement Plan (EIP). This should prioritise actions for delivering Environment Act targets, and ensure that the scale, pace and delivery of those actions is capable of meeting the targets. It should not entail a full scale review of the plan’s goals.
The review should be done as a policy sprint, concluded within three months of being announced and with rapid stakeholder engagement with those groups who are experts in delivery. The review must be conducted and completed swiftly because of the urgent need to make progress towards achieving the 2030 species abundance target and the risks that a lengthy and convoluted process would present to this timetable.
The desired outcome of the review would be a credible and transparent delivery plan to accompany the existing EIP.
This is a joint briefing from Green Alliance and Wildlife and Countryside Link.
How the new government should legislate for people and the planet
The last parliament had to grapple with a rush of poorly drafted legislation, much of which had to be amended substantially during its passage to address errors and oversights.
Successive governments have had a preference for seeking unfettered powers and capitalising on political opportunities, above the primary purpose of law making for the effective functioning of society, to protect citizens and the environment, and to provide clear rules for government, businesses and the public.
The dawn of a new government offers an opportunity to reset how laws are made and implemented, including on environmental protection. We propose ten priorities for a new approach.