Following the ending of the implementation period on 1 January 2021, the UK will no longer be held accountable by European courts, which prosecuted governments when they breached laws, such as those enforcing environmental rules.
Earlier in 2018, the Ministers proposed a new watchdog in place of European courts following Brexit, an Office for Environmental Protection (OEP), which would be an independent body, holding the Government accountable on their environmental targets, including a reduction in pollution and implementing strategies to cut down on carbon emissions. However, the environmental activists now fear, that the body may not be as independent as they would like, as Ministers now wish to grant themselves powers to "advise" the new body.
The introduction of OEP is included in the Environment Bill, which is currently being passed back and forth in Parliament, functions of which may be adjusted by the Ministers to suit their needs.
Speaking to the BBC, Ruth Chambers from the group Greener UK said: "This provides a 'get out of jail free' card for the Government to direct the watchdog away from awkward or inconvenient cases.
"It completely undermines claims that it will be independent. This is a clear and simple weakening of environmental protection, Our nature, air and water quality is being put at further risk. We urge ministers to reconsider."
According to the Government, after the Environment Bill becomes law, the Secretary of State will not be able to intervene in the decision-making process of OEP about specific or individual cases and the body will have the power to scrutinise the environmental policies and legislation, investigate and take action against public authorities, if necessary.
However, the concerns of OEP not being so independent are echoed by Dr Stephanie Wray from the environmental consultancy RSK, who said to the BBC: "The Government says the OEP should focus resources on the most serious cases. But this assumes that only big, high-profile cases that seriously affect the environment.
"In fact, small-scale chipping away at biodiversity, or myriad small breaches of air pollution limits, all add up.
"This would allow the Government to potentially override the independence of the OPE by directing it towards or away from particular cases to suit political motives."
The BBC also bring to attention the story of the Environment Agency, which initially was created by the Labour Government to be independent, however, subsequent governments had enough of the criticisms, so over a period of time, the Environment Agency got silenced and told not to openly criticise ministers. Currently, even the Environment Agency's press enquires are handled by the Government itself.
The former Government adviser, Tom Burke said to the BBC: "People would be right to be highly suspicious. Ministers made a promise on the independence of the OEP they know they wouldn't keep. Now they're taking it back by stealth.
"The acid test will be whether the OEP gets its own website independent of Government - if not, it will be compromised."
