December 15th, 2023
ELF’s David Hall Conversation 2023: Reflecting on Nature’s Recovery Post-Brexit
ELF’s annual David Hall Conversation took place on Wednesday the 6th December kindly and expertly hosted by 39 Essex Chambers. Our discussion topic “Post Brexit: The State of Nature’s Recovery” we were delighted to welcome two excellent speakers, Ruth Chambers of Greener UK and Craig Bennett CEO of the Royal Society of Wildlife Trusts, chaired by Richard Wald KC, ELF’s chair.
The event, dedicated as it was to the memory of Martin Polden, ELF’s much missed founder, who died earlier this year, Stephen Tromans KC gave a lovely tribute to Martin, much missed by all at ELF. His wisdom and tenacity keenly missed. It was wonderful to have two of Martin’s daughters Esther and Ruth with us for the event.
Following the tribute to Martin, we kicked off a fascinating discussion. A whistle stop tour of the Brexit journey, from those pre-referendum, febrile days, to where we are now, nearly 4 years since the EU Withdrawal Act. Our speakers, have been and continue to be at the heart of parliamentary machinations since the Referendum vote.
There was a recognition that much of the legislation that we have adopted in the UK from the EU was environmental legislation. We were known as the “dirty man of Europe” in the 1970s and EU legislation has undoubtedly improved the UK environment for the better. Indeed the UK had put a lot of effort into the development of EU environmental regulation, including importantly the Habitats Regulations which has been so critical in UK environmental law. The blow to the environmental legal and policy landscape from the decision to leave the EU, was devastating and a hard Brexit the worst of all outcomes for the UK. We are already seeing instances of where the UK is being left behind as the EU develops environmental regulation for example the “Nature Recovery Directive”.
We listened to how the likes of Greener UK who bought together a coalition of NGO’s and the WT have been of such huge importance to hold the UK government to account for its landmark promise to ‘maintain and enhance’ protections in the UK on leaving the EU. Sadly the conclusions of Greener UK being that the government was failing to live up to this promise. For example Michael Gove’s ambition as Secretary of State at DEFRA post Brexit with regard to agricultural subsidies, and the replacement of the hated Common Agricultural Policy, gave some cause for hope. However since them the ambition of the Environmental Land Management Scheme which introduced the concept of Public Goods through environmental enhancement, for public money has been sincerely disappointing.
However I was still actually struck by how much these amazing organisations led by Ruth and Craig and the like, have been able to keep the government to at least some of their commitments. Despite much squirming from government and the cliff hanger that was the EU Retained Law Bill which would have seen thousands of EU derived legislation scrapped this winter, about which ELF has written in the past, this disaster has been happily avoided. The fact that the government has incorporated the 5 environmental principles including the precautionary principle and polluter pays into UK statute is a battle hard fought and won. And in England at least, the Office of Environmental Protection has been established to take the place of the European Commission. Though the jury is currently out on its effectiveness, it has lots of good people there. It would appear as characterised by Stephen Tromans in questions from the floor that the Habitats Regulations were a target, we are indeed lucky to still have them.
What is certainly the case is that there was an opportunity post Brexit, if we had had an enlightened government that we could have become the most environmentally progressive country in the world if we had wanted to. The fact that we are already being left behind by the EU as they continue to develop their own environmental law is tragic. The environment does not recognise boundaries and so the development of environmental law and regulation as a collective has nature benefits and for the UK not to be at the forefront of that will surely to be to the detriment of nature in the UK.
Art Exhibition: Elemental by Stephen Tromans
Following the event we were treated to a private viewing of Stephen Tromans most beautiful art, an exhibition of his environmentally themed paintings “Elemental” – Stephen says “I believe that both nature and art have the capacity to transcend the pressures and seductions of modern life and to take us to a better, more spiritual place.”
This unique collection blends environmental law insights with artistic expression, reflecting the beauty and challenges of the natural world. The exhibition features diverse artworks, from serene landscapes to pieces addressing critical environmental issues, each telling a visual narrative of our environment’s current state. Stephen generously donates all proceeds from the exhibition to the Environmental Law Foundation to support our environmental advocacy efforts.
We are immensely grateful to Stephen for sharing his artistry and for his generosity in donating the proceeds to ELF. To view Stephen’s work online and contribute to our cause, please visit the provided link for the JustGiving campaign supporting the Environmental Law Foundation.
You can find Stephen’s art catalogue here
Donate to the JustGiving Campaign here
Rewatch the David Hall Conversation (part 1 & 2) below:
David Hall Conversation Part 1
David Hall Conversation Part 2