The Environment, Food and Rural Affairs
Committee’s Scrutiny of the draft Environment (Principles
and Governance) Bill report is calling on the Government
to make significant revisions to the Bill before presenting it to
Parliament.
The Committee launched its inquiry following the publication of
the draft Environment (Principles and Governance) Bill in
December 2018, which will form part of the wider Bill which is
yet to be published.
The draft Bill sets out how the Government plans to maintain
environmental standards as we leave the European Union.
After receiving a range of evidence from a variety of witnesses,
the Committee has concluded that the draft Bill’s provisions do
not match the current environmental protections provided by
membership of the EU.
The Government has stated that “we will not only maintain our
current protections, but surpass them, taking new steps to ensure
our environment is even better protected in future”. For the
Government to meet its own ambition for the environment, the
Report recommends that the current draft Bill needs significant
revision.
The Committee seeks reassurance that any future legislation
relating to environmental principles must, at a minimum,
replicate the legal status and current levels of protection
granted in European Law. The Report concludes that the provisions
for a new policy statement on environmental principles in the
Bill mark a significant regression on current standards as part
of the EU.
The draft Bill also seeks to establish a new environmental
watchdog body – the Office for Environmental Protection (OEP) -
to deliver functions currently undertaken by European
institutions.
The Committee considers that, as currently drafted, the Bill
would not allow the OEP to operate with sufficient independence
from Government. The Report recommends that all decisions
relating to board membership of the OEP should require the
consent of the EFRA Committee and that the Government must commit
to a multi-annual budgetary framework in the Bill. This is
consistent with the independence given to the respected Office
for Budgetary Responsibility.
In addition, to strengthen the OEP’s enforcement powers, the OEP
must be provided with further compliance tools beyond the threat
of judicial review, and must be empowered to issue emergency and
interim measures in urgent cases of environmental harm.
The Report also addresses a possible gap in enforcing Climate
Change law. Currently, all Climate Change legislation is enforced
by the EU. However, Climate Change is excluded from the remit of
the new watchdog.
The Report highlights that the draft Bill leads to a potential
“governance gap” after we leave the EU, and recommends that the
OEPOEP be provided with the necessary powers to avert this.
MP, the Chair of the
Environment, Food and Rural Affairs Committee, said:
“Although the Government has made a real attempt to establish a
robust framework for environmental governance, the draft Bill
clearly fails to meet its own ambition to ‘ensure the environment
is even better protected in future’ as we exit the EU. In some
areas it actually marks a significant regression on current
standards.
“Given this unique opportunity to rethink how we protect the
environment in the future, we cannot afford to see the standards
we currently adhere to slip.
“There is also little point in setting up an environmental
watchdog if it is unable to fulfil its essential function of
holding the government to account. The new watchdog must not
solely be a creature of Government but needs real independence.
“To achieve real independence there needs to be a role for
Parliament in all decisions relating to the membership of the
OEP’s board. Funding for the OEP must also not be solely at the
whim of Defra ministers, as is currently the proposal. Sustained
cuts to arm’s length bodies such as the Environment Agency and
Natural England demonstrate the need for the OEP to have greater
budgetary protection to guarantee genuine independence.
“The watchdog will also need sharper enforcement teeth. The
Government must explore appropriate ways to ensure greater
personal accountability for Ministers and public servants if they
fail to uphold environmental law before presenting this Bill to
Parliament.
“It is imperative to future generations that the Government does
not squander its chance to get this right – it is unlikely they
will get another any time soon.”
