Further progress towards ambitious 2018 goals for improving
England’s natural environment are being put at risk by weaknesses
in the Department for Environment, Food and Rural Affairs’
(Defra) oversight of regulation, a new National Audit Office
(NAO) report says.
The NAO’s report, ‘Regulating to achieve
environmental outcomes’, examines whether Defra and
the associated arm’s-length bodies involved in regulating for
environmental outcomes are using regulation1
effectively to achieve environmental objectives.
Defra has lead responsibility in government for all environmental
policy areas except net zero. In 2018, Defra published a 25 Year
Environmental Plan to position the UK as a global environmental
leader, setting 10 overarching goals including clean air, water,
and wildlife2.
In 2023 the department set binding statutory targets in four
priority areas: air quality; water; biodiversity; and waste
reduction. In January 2023 Defra published the Environmental
Improvement Plan, setting out the importance of both existing and
planned regulatory interventions in achieving these environmental
goals.
Defra is still at an early stage in understanding how existing
regulations affect its plans. In 2011 Defra published a
biodiversity strategy on how it would implement international and
EU commitments up until 2020. It is yet to publish an update.
Defra published detailed strategies on resources and waste in
2018 and air quality in 2019. Defra published its water strategy
in April 2023. Work is underway to set outcome reporting for each
of the statutory targets.
The Environment Agency (EA) and Natural England have key roles
and are two of around 30 bodies involved in regulating for
environmental outcomes. Both EA and Natural England face
workforce challenges. In February 2023 the EA had vacancies of
around 600 full-time equivalent posts (FTE), 5% of its planned
staffing. Natural England has reduced its vacancy gap from over
250 in September 2022 to one in February 2023 but recognises that
it has a significant risk around capability.
They are also facing demand to increase activity in some areas,
such as monitoring and inspections to respond to failures on
water quality. The report’s case studies identify areas where
they and Defra are falling behind with their work, for example
backlogs in permit applications or delays in developing plans to
administer new waste regulations.
On water quality, the report notes that as of 2020 only 16% of
water bodies in England were deemed as being in good ecological
status; the Water Framework Directive3 is working to a
target of 75% by 20274.
The NAO found that Defra had a backlog of 63
Post-Implementation Reviews, as of March 2023, limiting its
insight into how well regulation is working or the burden on
business. The department also has limited data
on the effectiveness of its regulation to inform decisions about
future activities and where to prioritise resources. Defra
developed a department-wide evaluation strategy in February 2023
and is in the early stages of taking this forward.
As Defra takes forward its environmental plans it has decisions
to make about the design and operation of regulation to ensure it
is meeting its targets. The NAO recommends that Defra sets out a
detailed operational plan for how it will achieve the goals of
the Environmental Improvement Plan, including the role of
regulation alongside other policy interventions, by December
2024.
The NAO has also recommended that, by December 2024, the
department has a better administrative handle on its
Post-Implementation Reviews. This includes clearing the current
backlog.
, the head of the NAO,
said: “If the government is to achieve its
ambitious environmental goals, Defra will have to be much clearer
on the detailed changes to regulation required as part of its
overall approach.”
ENDS
Notes for Editors
1.We use the term regulation to describe a set of rules and
expected behaviours that people and organisations should follow,
which will often involve bodies with regulatory powers enforcing
and influencing compliance with those rules or behaviours. Defra
already uses regulation extensively in achieving environmental
outcomes, particularly through arm's-length bodies such as the
Environment Agency and Natural England.
- The 10 Goals of the 25 Year Environment Plan, as restated
in the Environmental Improvement Plan
- Goal 1: Thriving plants and wildlife
- Goal 2: Clean air
- Goal 3: Clean and plentiful water
- Goal 4: Managing exposure to chemicals and pesticides
- Goal 5: Maximise our resources, minimise our waste
- Goal 6: Using resources from nature sustainably
- Goal 7: Mitigating and adapting to climate change
- Goal 8: Reduced risk of harm from environmental hazards
- Goal 9: Enhancing biosecurity
- Goal 10: Enhanced beauty, heritage, and engagement with the
natural environment
- The Water Framework Directive (WFD)
Regulations are a mechanism for assessing and managing the water
environment in the UK. It originates from the EU Water Framework
Directive, but still forms part of UK law post-Brexit.
- In November 2022, Defra indicated
that it may want to make changes to improve the operation of the
Water Framework Directive.
