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

1. 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.uktwitter: @janicemorphet

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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 panels Environment • Climate change negotiations • OECD benchmarking

8. 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

9. Why should pooling policy within the EU create problems for infrastructure delivery in the UK? • Denial: that these are EU pooled policies • Dismissal: they these policies aren’t binding • Disengagement – denial means that no long tail of expectation and involvement in policy and legislative development • Delay: leaving it too late so incurring later costs • Distraction: EU pooled policies are give UK political coating – current example LEPs – failure to advise LEPs to apply SA to their programmes • Disobedience: once adopted the UK reluctant to implement eg ECJ cases on EIA and current issues re failing to meet Aarhus Convention

10. 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