Open consultation: Environment: developing environmental principles and accountability

We want to know what you think about plans to create a new independent environmental watchdog. What functions and powers should the watchdog have to oversee environmental law and policy?

We’re also seeking views on what environmental principles we should apply in England to guide and shape environmental law and policy making.




News story: New environment law to deliver a Green Brexit

A new Environmental Principles and Governance Bill will ensure environmental protections will not be weakened as we leave the EU, the government has confirmed.

A consultation has started today on the contents of the Environmental Principles and Governance Bill, which will establish a world-leading body to hold government to account for environmental outcomes.

The body will support our commitment to be the first generation to leave our environment in a better state than that in which we inherited it. It will provide scrutiny and advice as we protect and enhance our precious landscapes, wildlife and natural assets and would be able to hold government to account on environmental legislation.

Subject to consultation, the new body could specifically be responsible for:

  • providing independent scrutiny and advice on existing and future government environmental law and policy;
  • responding to complaints about government’s delivery of environmental law; and
  • holding government to account publicly over its delivery of environmental law and exercising enforcement powers where necessary.

The Government is also consulting on its intention to require ministers to produce – and then have regard to –a statutory and comprehensive policy statement setting out how they will apply core environmental principles as they develop policy and discharge their responsibilities. Currently environmental decisions made in the UK – from improving air and water quality to protecting endangered species – are overseen by the European Commission and underpinned by a number of these principles, such as the precautionary principle, sustainable development and the ‘polluter pays’ principle.

While these principles are already central to government environmental policy, they are not set out in one place besides the EU treaties. The new Environmental Principles and Governance Bill will ensure governments continue to have regard to important environmental principles through the policy statement, which would be scrutinised by Parliament. The consultation seeks views on whether or not the principles to be contained in the policy statement should be listed in primary legislation.

Environment Secretary Michael Gove said:

As the Prime Minister has made clear, we will not weaken environmental protections when we leave the EU. A new Environmental Principles and Governance Bill will ensure core environmental principles remain central to government policy and decision-making. This will help us to deliver a Green Brexit and the vision set out in our 25 Year Environment Plan.

But we will only achieve our aims by also creating a strong and objective voice that champions and enforces environmental standards. That’s why our Environmental Principles and Governance Bill will also create an independent and statutory watchdog. This will hold governments to account for delivering their commitments to the natural world.

The consultation, which will run for 12 weeks, seeks views on the most effective way for the new body to hold government to account, which would include, as a minimum, the power to issue advisory notices. The consultation asks what further enforcement mechanisms may be necessary.

The Environmental Principles and Governance Bill will be published in draft in the autumn. Public consultation on the environmental principles policy statement will follow in due course. The Bill will be introduced early in the second session of this Parliament, ensuring these measures are introduced in time for the end of the implementation period in December 2020. EU environmental governance structures will continue to apply during the implementation period.

The consultation is concerned with environmental governance in England and reserved matters throughout the UK, for which the UK government has responsibility. However, we are exploring with the devolved administrations whether they wish to take a similar approach. We would welcome the opportunity to co-design proposals with them to ensure they work across the whole UK, taking account of the different government and legal systems in the individual nations.

Background

  1. You can respond to our consultation on the Citizen Space website
  2. Read ‘A Green Future: Our 25 Year Plan to Improve the Environment’



Consultation outcome: Open access restriction at Lymington Yacht Haven (marina): consultation outcome

Updated: Link to consultation outcome added.

Natural England is seeking views on proposals that will restrict public access to open access land at this site.




Press release: More than 44,000 responses to future farming consultation

In the last week alone, nearly 20,000 responses were submitted to the ‘Health & Harmony’ consultation which closed on Tuesday 8 May, with farmers, food producers and environmentalists sharing their views on everything from the support we give to farmers and food producers to the broader direction of policy post-Brexit when it comes to the natural world.

Throughout the 10 week consultation, Defra hosted 17 events across the country alongside groups including the National Trust, NFU and the Eden Project, to hear first-hand from more than 1,250 representatives of the UK’s food and farming sectors.

The Environment Secretary Michael Gove said:

It’s great news that so many people have responded so enthusiastically to our consultation. Leaving the European Union gives us the opportunity to improve the support we give to Britain’s farmers. We can make farming more productive, improve the quality of the food we eat and enhance our natural environment. We’ll reflect on the many thoughtful ideas put forward in response to our consultation and bring forward our plans for legislation later this year.

The consultation included proposals to redirect payments under the Common Agriculture Policy (CAP) which are based on the amount of land farmed, to a new system of paying farmers public money for public goods, principally their work to enhance the environment. It highlighted a number of public goods which could be supported such as biodiversity, high animal welfare standards and improved soil health.

A recent WWF poll, undertaken by Populus, found that 91 per cent of the UK public want to see farmers paid to protect nature.

Responses to the consultation will now be analysed carefully and the Government will publish a response shortly.




Press release: Arrest as Environment Agency cracks down on waste crime

Environment Agency and Yorkshire & Humber Regional Organised Crime Unit carried out enforcement action at a residential address this morning (Tuesday 9 May 2018) following an in-depth investigation into illegal dumping of waste. One 46 year old male was arrested and evidence was seized.

This arrest follows successful enforcement action taken in April 2017 as part of an ongoing investigation into the illegal dumping of 20,000 to 25,000 tonnes of waste at 17 sites across the Midlands, North West and North East.

The investigation known as Operation Cesium is looking into illegally dumped baled waste at 17 sites. The investigation will continue with the evidence seized today and is expected to continue for many more months.

Michael Brown, lead investigator, part of the Environment Agency’s National Investigation Team said:

We are determined to tackle waste crime and bring those responsible to account; in this case we are thoroughly following and interrogating the evidence so that we have a robust case to take to court.

This investigation is complex, with waste being illegally dumped across many parts of the country, blighting those communities. Some of the sites have already caught fire causing a significant impact on communities, the environment and our emergency service partners.

Illegal waste and the criminals behind waste crimes divert as much as £1 billion every year from legitimate businesses and the treasury, which is why we take tough action against serious offenders. In 2016 our prosecutions resulted in fines totalling £8 million.

It’s our job to do everything we can investigate these crimes and prosecute those we believe responsible.

Convictions for waste crime can include large fines and a custodial sentence.

DC John Davies, of the Yorkshire & Humber Regional Organised Crime Unit, said:

We’re committed to working with our partner agencies to effectively investigate and relentlessly disrupt criminal activity.

By working together, we can utilise our collective knowledge, experience and powers to bring offenders to justice.

This investigation has been ongoing since 2016 and we will continue to examine the evidence to determine the full extent of the suspected offences in efforts to being those responsible to account.

Waste crime is taken extremely seriously. If anyone has information connected to this investigation or suspects other waste crime contact Crimestoppers on 0800 555 111 or the Environment Agency on 0800 80 70 60.