28/01/2019
In December the Government published the Draft Environment (Principles and Governance) Bill its aim is stated as being – a
“once-in-a-lifetime opportunity for this country to help make our planet greener and cleaner, healthier and happier”.
A good aspiration – but unless there is environmental law and enforcement – it is unlikely to succeed.
Aims
The Bill aims to set up an Office for Environmental Protection (OEP) a sort of green watchdog which will have the power to take the Government to court over environmental failings. The OEP will be there to scrutinise environmental policy and law and will prepare annual progress reports against the governments environmental improvement plans – but as the OEP has no ability to levy fines so it’s hard to see what teeth it actually has.
Cost Implications
The creation of the OEP has financial implications as it will be funded through grant-in-aid provided as part of DEFRA's overall Estimate paid from out of consolidated fund. How much this will be and when it will be made available has not yet been decided.
The cost implications are:
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One-off set up costs including for public appointments, staff recruitment and enabling IT systems
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Governance costs including remuneration and expenses for non-executive members
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Direct staffing and other operating costs for its enforcement, complaints and scrutiny functions
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Corporate back-office costs including finance premises communications HR and IT
It is anticipated that the OEP will lead to reduced expenditure incurred in judicial reviews as breaches of the environmental law will be flagged and the body will initially serve advisory notices on these breaches – so the Government and public bodies will be able to take corrective action before the court action is undertaken.
What the Bill is missing is a reference to climate change – which could mean there is a Governance gap after Brexit. All we can do now is wait and see. Having had so much environment law in line with that of Europe it would be sad to see this rigor disappear – although the aspiration of the Bill is to be applauded. Let’s hope it proves to be what is needed and not just another level of paperwork and red tape.
To contact Dr Louise Smail call 01614457872 or email her at smail@fsw-law.com.
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