Communication
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URGENT HIGH-LEVEL PRIORITY IN CONFIDENCE COMMUNICATION TO AARHUS CONVENTION COMPLIANCE COMMITTEE To: Secretary to the Aarhus Convention Compliance Committee United Nations Economic Commission for Europe Environment Division Palais des Nations CH-1211 Geneva 10, Switzerland A CORRESPONDENT SUBMITTING THE COMMUNICATION Christine Gibson Address for correspondence on this matter: As above Telephone Number: Diagram 1 Location of Warrenpoint in the District of Newry, Mourne and Down in NI B PARTIES CONCERNED (thereafter highlighted in RED) i. European Union (Council, Committee and Parliament inclusively) (EU) ii. European Court of Human Rights (ECHR) iii. Government of the United Kingdom (UKGOV) iv. Prime Ministers Theresa May/Boris Johnson (PM) v. Northern Ireland Assembly (NIA) i. Office of Nuclear Regulation (ONR) ii. Information Commissioner’s Office (ICO) iii. General Regulatory Chamber (GRC) iv. Northern Ireland Judiciary System (NIJUD) v. Northern Ireland Department of Agriculture, Environment and Rural Affairs (DAERA) vi. Northern Ireland Department for Infrastructure (DfI) vii. District Council of Newry, Mourne and Down (Council) viii. Warrenpoint Harbour Authority (WHA) ix. OFCOM (Telecommunications Regulator) (OFCOM) x. Department of Health Northern Ireland (DoHNI) 1 URGENT HIGH-LEVEL PRIORITY IN CONFIDENCE C FACTS OF THE COMMUNICATION Facts and Circumstances of Non-Compliance (1) Northern Ireland is deemed and referred to as a “Province” of the United Kingdom by those in the UK Parliament. It has not enjoyed equal rights afforded to those “Nations” that complement the full membership of the United Kingdom, (Scotland, Wales and England) due to the “Equality and Duty Act 1998” which excludes NI from being afforded its human rights protectionisms. Examples of this inequality which is afforded to the Nations but not the Province, include, inter alia, those affected by the legacy of terrorist crimes from “The Troubles” have been denied remedies, language and culture rights (eg the Irish language being an indigenous language is not recognised as a bone fide language) and environmental rights (eg no organisation has been set up to be accountable for the protection of the environment, ie one acting as an Environmental Protection Agency: EPA). Instead, bound in law, the Wildlife and Natural Environment Act (Northern Ireland) 20111 with reference to the protection of biodiversity, for example, does not stipulate which public body is responsible but makes it ambiguous and extensive in the numbers of bodies potentially responsible. (2) With regards specifically to the environment, as a member of the EU, however, NI did have recourse, albeit an arduous (and to date an unachievable) one to bring an environmental case to the European Courts (European Court of Justice), and to access the European Court of Human Rights and to follow particular EU complaint paths (eg EU Petitions). Further, as an EU Member State, the UK also enjoyed the legal protection of a codified Constitution as a Member State of the European Union and therefore the protection of laws being vetted against human rights; one being the protection of the environment in NI where it is evident that the status reports have demonstrated failings in all aspects of environmental protection2 and where the EU is aware of its ongoing failure3. (3) Upon the Brexit Referendum result in June 2016 the UK, has undertaken a somewhat contentious and disconcerting path in attempting to ensure its citizens that the protection afforded from the EU will remain post Brexit. After two initial attempts (31 March and 31 October 2019) at triggering a “leave date”, the UK formally left the EU on 31 January 2020 under the same Conservative Government who instigated the vote. (4) At that point, ie from 1 February 2020, the UK has lost the jurisprudence of a codified Constitution and is at the end of its “Transition Period” where EU legislation would be transposed across the UK. Environmental legislation in NI that was assumed to be part of this transition includes the reference in their titles of “EU Exit”4 in lieu of “Retained EU Law” (the latter being used in Agriculture Scotland Act 2020) and has not been vetted against civil or human rights5, a grave anomaly that has been evident in all legislation pertaining to NI in 2020. The UKGOV Environment Bill has some jurisdiction over the environmental protectionisms in NI, however, has proven to be lacking in substance and effectiveness in any attempt at a meaningful 1 Wildlife and Natural Environment Act (Northern Ireland) 2011 in Article 1 and in Section 1. 2 Environmental Status Report 2019 where it states (NI Summary) that information on Northern Ireland does not exist for biodiversity nor on water quality nor air quality (other than high levels of nitrates and ammonia). 3 EU FOI response at the bottom of the trail: Who is responsible for protecting Northern Ireland's Environment now and in the future? 4 The Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (Revocation) Regulations 2020 Under “Explanatory Note” demonstrates that no audit/assessment has been undertaken to ensure human rights have been adhered to. 5 ibid 2 URGENT HIGH-LEVEL PRIORITY IN CONFIDENCE transposition of European protection into Primary UK Law6 and further in its purpose with reference to NI7. Although NIA has, under the Environment Bill, authority to pass laws as a devolved nation, it has not done so to date8. As noted by the Institute for Government in 2018, in regard to the effective transposition of EU law into Primary law (which does not even consider Secondary law): “There is not enough time for Parliament to make all these changes through primary legislation”.9 (5) Our present situation is one that does not afford us any right to a judicial review of these current ongoing and outstanding environmental obligations to provide us time to challenge these. The PM is, according to the media, is, at this late hour, still negotiating the final arrangements with the EU. Further, the legislation that is being processed at speed in 2020 is that in regard to the coronavirus where the transition of EU legislation has been demoted in its priority yet no extension has been requested for the 31 December deadline. I nor any other person or organisation could bring a case based on a flawed decision or non- decision, be it for a local issue or one that challenges the making of new environmental law that may not be effective in its protectionisms due to the ambiguity of ownership of accountability and the lack of decisions being made. Further, in the potential situation where new laws were made in NI that were ineffective in protecting our environment, as has been the norm, there is no basis for a judicial review within the realms of UK law without the reliance on the legislative guidelines from the EU legislation as an ‘overseer’; a protection we have already lost. (6) The subject of this complaint, therefore, is far reaching, complex and one that invokes responsibility on a matrix of public bodies both within the UK and in the EU. Notwithstanding that each body has their individual role to play in the overall effectiveness of our environmental protectionisms, they together, in my opinion, are responsible for allowing that overarching yet fundamental responsibility to fall to no one and therefore, to ultimately fail. (7) I believe that each of these bodies individually and as a collective have failed in all accounts in their responsibility as representing a public body working for the UK (and in particular NI) and EU; both being Aarhus Convention Signatories since 2003. Fundamentally, they have, in combination with each other, failed to demonstrate that they should be “Affirming the need to protect, preserve and improve the state of the environment and to ensure sustainable and environmentally sound development” and indeed ALL objectives stated in the Convention (1998). Further, that they, individually and together, have breached Articles 1 to 9 within the Convention in that failure and failed to demonstrate their responsibility to achieve the Convention’s objective at Article 1. Articles 10 to 21 have been made, inadvertently or otherwise, moot and therefore ineffective in the Convention’s purpose, in NI. (See points a to z as evidence of how all Parties are non- compliant in carrying out of their function in adherence to the Aarhus Convention. (8) All Parties listed above have derogated their responsibility from the purpose of the Convention: “In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to 6 https://airqualitynews.com/2019/04/25/draft-environment-bill-severely-downgrades-uk-protections-post-brexit/ 7Northern NI Assembly Research Paper (P3 and P7 para 2 p.10 3.1) on the implications of the UK Environmental Bill demonstrating omissions for NI 8 (NI is the only nation who have not legislated in 2020 in regard to the transposition of EU legislation). 9Institute of Government Paper from 2018 (Para 3) 3 URGENT HIGH-LEVEL PRIORITY IN CONFIDENCE information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention.” (9) I, personally have taken numerous measures in my attempts to ensure the protection, preservation and improvement of the state of my local environment and all have failed due to processes out with my control and are attributed to either (or a combination of) the constricted remit of or due to the relationship between the aforementioned Parties (all who are defined under the Convention Article 2 (s) or due to the lack of (intentional or otherwise) oversight over all these Parties’ roles, of which combined, have complicity allowed the negligence, and disregard of effective environmental protection in Northern Ireland.