Are there environmental barriers to implementing infrastructure projects in the UK?

UKELA

9 December 2013

Janice Morphet, Visiting Professor, Bartlett School of Planning, UCL

j.morphet@ucl.ac.uk twitter: @janicemorphet

Introduction – the role of the EU in UK legislation and delivery

• Joining the EU the role of the acquis communitaire• EU role in WTO negotiations and implementation• Pooled policy areas

– Trade– Transport– Energy– Marine– Water– Information/data– Telecomms

• Leading to regulation within states and regulation of states

2. EU Policy Making processes

• EU moves by Treaties and Acts• These are jointly agreed by all member states• Implementation approaches proposed by the European Commission

– Directives – what and when– Regulations – how and when– Open Method of Coordination (OMC) – what and when by agreement not

legislation– European Administrative Space (EAS)

• Implementation by member states – to same end, but could be through different routes, depending on starting points – e.g. legislation, culture, elections

• Works in programmes – usually 7 years• Works in FLOWS not EPISODES

FLOWS not EPISODES

‘whenever the Government comes in, you wipe the slate clean and you start anew. The European Commission has no similar process’

Gisela Stuart MP

evidence to European Scrutiny Select Committee 13 Feb 2013

Examining the EU – some different lenses

• Integration – moving towards convergence• Europeanisation – effects of moving towards

convergence

• Intergovernmentalism – agreeing to work together independently (may still result in Europeanisation)

• Multi Level Governance (MLG) – internal relations between scales of governance

The EU – two key principles to consider

• Competition – – Internal:1986 Single European Act, Maastricht Treaty 1992

(Accession states, and Europe 2020, – External: WTO, OECD– Policy areas: transport, energy, telecomms, marine

• Environment– Internal: 1957 Treaty of Rome, ; 1972 Stockholm Conference;

1986 Single European Act, subsequent action programmes– External: UN, OECD, WTO– Policy areas: water, air, transport, cities, health, marine

Current EU context for infrastructure projects1. external

Trade:• New WTO Bali agreement on world trade,

focussing on deregulation (Dec 2013);• Concern re US – new trade deal TTIP• Concern re China – recent visits and spats eg

between Germany and China on solar panelsEnvironment• Climate change negotiations• OECD benchmarking

Current EU context for infrastructure projects:2. internal

Trade• Monti review of single market leading to Europe 2020 includes

deregulation, infrastructure • National reform programmes to achieve Europe 2020 – UK’s focus

on improving planning, infrastructure delivery, housing and youth employment by 2020

• Trans European Networks – TEN-T new regulation adopted 4th December 2013 (first since 1996) ; TEN-E just started eg energy grids

Environment • CAP programme 2014-2020• Cohesion Regulation and programme 2014-2020• Functional Economic Area /city plans ands programmes for local

improvements in transport, air quality, green space etc, green jobs

Why should pooling policy within the EU create problems for infrastructure delivery in the UK?

1. Denial: that these are EU pooled policies2. Dismissal: they these policies aren’t binding3. Disengagement – denial means that no long tail of

expectation and involvement in policy and legislative development

4. Delay: leaving it too late so incurring later costs5. Distraction: EU pooled policies are give UK political

coating – current example LEPs – failure to advise LEPs to apply SA to their programmes

6. Disobedience: once adopted the UK reluctant to implement eg ECJ cases on EIA and current issues re failing to meet Aarhus Convention

Another way?

• Honesty: in where we are in relation to pooled policies

• Hierarchy: recognising that pooled policies have the appropriate weighting

• Habitual references: more openness on the processes, meetings etc; publishing EU documents as they are available within Gov websites