30 May 2023

Press Release

For immediate release

Lack of public scrutiny breaching Aarhus Convention claim coalition of NGOs

Leading environmental, farming and trade justice organisations have called for urgent reform of the UK Government’s inadequate scrutiny procedures for trade deals.

In a joint statement (below) WWF, Greenpeace and others have raised concern about the Government’s response to a complaint under the Aarhus Convention.

They argue that the Government is in breach of the Convention because it has not made adequate provision for public consultation on trade deals, which have huge implications for environmental goals.

The coalition say:

“The UK Government’s response to the complaint argues that trade negotiations do not require public participation under the Aarhus Convention and, even if required, their current processes for scrutiny are satisfactory.

“However, these trade deals risk harming the environment at home and globally with no way for MPs or the public to stop this happening. There is very little transparency and no meaningful public consultation, which the coalition argue are legally required as part of the Aarhus Convention.

“Together, we are urgently calling on the UK Government to allow Parliament and the public a voice on trade agreements now. We must ensure our wild isles in the UK and climate and nature abroad are not sold down the river in exchange for a trade deal.”

NOTES TO EDITORS

The Aarhus Convention requires law with environmental impacts to receive meaningful public consultation while “options are still open” to change the contents of such law.

In 2022 WWF and other NGOs filed a complaint under the Convention arguing current scrutiny arrangements put the UK Government in breach of their international commitments.

The coalition recommends a significantly enhanced scrutiny process to improve environmental outcomes of trade agreements. At a minimum this should include:

A published trade policy, setting out the overarching approach to trade, subject to regular reviews by Parliament, and consulted upon with the public.
A parliamentary vote and public consultation on negotiating objectives for individual trade deals.
Greater transparency in the process of negotiations, including publishing draft UK negotiating texts.
Strengthening the role for Select Committees during the process of negotiations.
Providing for public input during the negotiations, for example through a citizens’ advisory group, alongside strengthened stakeholder engagement.
Increased involvement for devolved administrations throughout the process.
A guaranteed debate and decisive vote for Parliament on the final deal

Far from accepting that their arrangements for public engagement fall short, government argues (in its response) that the Aarhus Convention does not even apply to free trade agreements.

One reason for this is that they claim free trade agreements are normally bilateral – that is concluded between just two states. This seems odd coming from a government which has just finished negotiating accession to the Comprehensive and Progressive Trans-Pacific Partnership which is a multilateral free trade agreement (which 11 countries are party to).

Signatories:

WWF-UK
Trade Justice Movement
Sustain: The alliance for better food and farming
Tenant Farmers’ Association
Green Alliance
Compassion in World Farming
Soil Association
Greenpeace UK