NGO Threatens to Sue UK Government Over Post-Brexit Plans

A UK non-profit is threatening to take the British government to court over its post-Brexit plans, accusing it of substantially weakening protections against pesticides, and reducing oversight of its process for regulating industrial chemicals.

CHEM Trust says this “dilution of vital regulatory standards” contradicts government assurances that environmental standards would be maintained, if not strengthened, post-Brexit. The NGO says the government’s actions could have far-reaching implications on wildlife and human health.

In a ‘pre-action protocol’ letter to environment minister Michael Gove, the NGO threatens action in the high court of England and Wales if the government does not amend the REACH statutory instrument to replicate the relevant provisions of EU law.

UK legislation designed to mirror EU regulations would only be instigated if the UK left the European Union without a deal. In April 2019, European Union leaders granted the UK a six-month extension to Brexit, with a current deadline of 31 October 2019.

Current EU law regulating the use of pesticides bans pesticides that can disrupt the sensitive hormonal control systems of people or wildlife. However, CHEM Trust says the UK’s Plant Protection Products (PPP) SI, which will come into force on exit day, erases a significant paragraph from EU law on restricting substances with endocrine disrupting properties.

“CHEM Trust finds it shocking that a detailed analysis of the laws that the Government claimed would copy-over EU environmental and health protections actually finds that a number of key protections, including against endocrine disrupting pesticides, have been deleted,” Kate Young, a Brexit campaigner at CHEM Trust, said.

“The Government must amend these laws now, to re-introduce these protections, otherwise we will be forced to consider making an application to the High Court for a judicial review”.

CHEM Trust is also accusing the UK government of “shutting out” representatives of public health, environment and consumers from discussions on chemical controls.

“The EU chemicals agency ECHA has a number of layers of oversight for its activities, with a Management Board which includes Member States and stakeholders such as health, environment and consumer groups (as well as industry).”

“It also has various technical committees where Member States have a voting role and where stakeholders can participate. This approach means that the work of ECHA can be challenged and made more effective.”

“The SI weakens oversight of the UK Agency (replacing it with an ability or obligation on the Agency to simply obtain external scientific advice) and removes opportunities for stakeholder participation. This is not an effective way of ensuring well informed and well-balanced decision making.”