Government accused of hypocrisy over Aussie trade challenge
© Adobe Stock The Labour government is under fire for attempting to block a legal challenge to the UK-Australia trade deal, with campaign group Feedback accusing it of deliberately inflating its costs to derail the case.
Last July, the High Court granted Feedback permission for a full judicial review of the agreement, citing its importance in relation to the UK’s climate obligations.
However, the UK government is challenging a cost-capping order, which limits the financial burden of the judicial review to £10,000 as set out under the Aarhus Convention, which aims to ensure public access to justice in environmental cases.
See also: Farming unions urged to back Aussie trade deal legal challenge
Critics question Labour’s defence of a deal they say harms British farming, contradicting its own manifesto promises to protect farmers.
A hearing is set for 7 March at the High Court, where lawyers for the government will seek to remove the costs capping order. If successful, it would make Feedback’s legal challenge significantly more expensive – meaning it will most likely be unable to proceed to the judicial review.
Feedback executive director Carina Millstone accused the government of attempting to discourage the legal challenge by imposing a financial burden. Without the cost cap, she said the charity could be forced to pay substantial legal costs if it loses.
In past cases where individuals or charities have lost the protection of a cost cap, they have often relied on crowdfunding or financial backing from wealthy supporters to fund their legal challenges.
Feedback claims that in negotiating the deal, which came into effect in mid-2023, the previous Conservative government’s assessment overlooked the global emissions consequences of increased imports from Australia, due to projected increased meat and dairy production in Australia.
Expert evidence provided to the court suggests that the emissions intensity of Australian beef and dairy is significantly higher than that of UK beef and dairy, and Feedback’s lawyers argue that the UK government, under international agreements like the and the Paris Agreement, is obliged to consider climate change and emissions reduction when setting trade policies.
Industry backing
Save British Farming (SBF) has backed Feedback’s challenge, urging other farming organisations, including the NFU, to join the effort.
SBF founder Liz Webster criticised Labour’s actions, accusing the government of insincerity in its opposition to the previous Conservative government’s trade policies.
“With an India trade deal now on the table, this legal challenge is crucial to ensure future deals are subject to proper parliamentary oversight and comply with international law,” she said.
“The Australian trade deal, in particular, never underwent the necessary impact assessment required under the Paris climate accord.”
The UK government declined to comment on the ongoing legal proceedings.