Press release: Investigatory Powers Commissioner appointed: Lord Justice Fulford

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The Prime Minister has approved the appointment of Lord Justice Fulford as the first Investigatory Powers Commissioner for a 3-year term. Lord Justice Fulford will take up appointment with immediate effect.

Prime Minister Theresa May said:

I’m pleased to announce the appointment of Lord Justice Fulford as the first Investigatory Powers Commissioner. He brings a wealth of experience in the judiciary and expertise in matters of law which will be crucial to his vital role scrutinising the use of investigatory powers, as part of a world-leading oversight regime.

Biographical notes

The Rt Hon Sir Adrian Fulford qualified as a barrister in 1978 and took Silk in 1994. He was appointed a Recorder of the Crown Court in 1995. He was appointed a High Court Judge of the Queen’s Bench Division on 21 November 2002. He was elected to serve as 1 of the 18 judges of the International Criminal Court in 2003 for a term of 9 years, and was assigned to the Trial Division. He was sworn into office on 11 March 2003. He was appointed as a Lord Justice of Appeal on 10 May 2013.

With effect from 1 January 2015, Sir Adrian was the Deputy Senior Presiding Judge for England and Wales. From 1 January 2016 he became the Senior Presiding Judge. He is currently the Judge in Charge of IT and leads for the judiciary on HM Courts & Tribunals Service reform.

Whilst holding the appointment as the Investigatory Powers Commissioner, Sir Adrian will remain a Judge of the Court of Appeal.

Background

Section 227 of the Investigatory Powers Act 2016 provides for the Prime Minister to appoint the Investigatory Powers Commissioner (IPC). The role of the IPC is to authorise and oversee the use of Investigatory Powers by public authorities.

Sir Adrian will now begin work on establishing his office, and will take on the statutory functions of the IPC in due course.

Corporate report: Results-Based Agri-environment Payment Scheme (RBAPS) pilot study in England

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Updated: Issue 2 of newsletter added.

The EU Directorate General awarded a 3-year grant to Natural England and the Yorkshire Dales National Park Authority (YDNPA) in 2016 to jointly run a pilot study, known as the Results-Based Agri-environment Payment Scheme (RBAPS).

There are 2 other pilot studies funded by the EU in:

Agreement holders get paid by results, not by following set methods. Management actions taken are not assessed. Agreement holders can choose the most suitable method to achieve the agreed end result.

The results of all 3 pilot studies will shape land management scheme design in England and the EU for the future.

RBAPS is being applied to 4 land management options – 2 options each in 2 locations in England. The tables show how RBAPS management options compare to current Environmental Stewardship (ES) and Countryside Stewardship (CS) options.

Study areas

The 2 pilot study areas test grassland and arable management options.

Grassland options – Wensleydale, North Yorkshire

RBAPS option Species rich hay meadow
ES comparable options HK6 – maintenance of species rich, semi-natural grassland, HK7 – restoration of species rich, semi-natural grassland
CS comparable options GS6 – management of species rich grassland, GS7 – restoration towards species rich grassland
RBAPS option Habitat for breeding waders
ES comparable options HL7 – maintenance of rough grazing birds, HL8 – restoration of rough grazing for birds
CS comparable option UP2 – management of rough grazing for birds

Read the grassland factsheet (attached on this page) for progress in Wensleydale.

Arable options – Norfolk and Suffolk

RBAPS option Winter bird food
ES comparable options EF2/HF2 – wild bird seed mixture, HF12 – enhanced wild bird seed mixture
CS comparable option AB9 – winter bird food
RBAPS option Pollen and nectar
ES comparable option EF4/HF4 – nectar flower mix
CS comparable option AB1 – nectar flower mix

Read the arable factsheet (attached on this page) for progress in Norfolk and Suffolk.

Study aims

Natural England and the YDNPA will:

  • design and implement the pilot scheme
  • develop ways of measuring results for the 4 management options
  • monitor control sites
  • analyse results

Measuring success

Results will test how:

  • RBAPS affects environmental performance
  • accurately farmers carry out self-assessment as part of the new approach
  • cost effective the approach is
  • well farmers and stakeholders respond to the approach

The pilot study will publish 2 newsletters each year providing updates for the lifetime of the scheme. Read issue 1 attached on this page.

Read the National Audit Office summary report on government’s use of payment by results schemes. The report concludes that sharing good practice and gathering strong evidence is vital for the success of these schemes.