Environment Bill brings mixed Christmas offerings
The Government has published its Environment Bill – just in time for Christmas!
Over recent months WWT has been working to ensure vital environmental protections are stronger, not weaker, after we leave the EU. The importance of this was reflected in Defra’s postbag, with over 170,000 responses (including from WWT supporters) to its consultation – one of the largest ever!
And the Government has listened, publishing a landmark Environment Bill which would set its ambitions into law. It starts promisingly - “Leaving the European Union is a once-in-a-lifetime opportunity for this country to help make our planet greener and cleaner, healthier and happier” – and some of the measures within the Bill are ambitious and positive.
Key features
So what’s in the Bill as it stands? What have we been dished up: plum puddings or turkeys?
1. Environmental principles
The Bill enshrines key principles which currently exist and apply to the UK via EU legislation. These include: that polluters pay for damage, that development should be sustainable, and that all public decision making should take environmental protection into account.
This is however, the bare minimum that is legally required, and there is a concerning amount of wriggle room. For example, Ministers only have to have ‘regard to’ the policy statement which will set out these principles when making, developing or revising policies.
Furthermore, these principles apply only to central government rather than all public authorities whose own policies and activities have a huge impact on our environment. Significant areas are also exempted, including national security, taxation and spending policy as well as “any other matter” specified by government.
2. Environmental Improvement Plans (EIPs)
The Bill requires the Environment Secretary to produce a plan setting out how the government will improve the natural environment and report back on progress. It also enshrines the Government’s 25 Year Plan for the Environment – launched by the Prime Minister at WWT London Wetland Centre (main pic, aerial view) last year – in law as the first EIP. Thumbs up, however the really important stuff – actual targets for nature’s recovery - is yet to come.
The Government suggests there is more to come here; we hope to see legally-binding, time-bound, progressive and ambitious targets. Crucially we also expect to see improvements to those water-related targets set out in the 25 Year Plan, which were disappointingly weak and well… insipid.
3. Office of Environmental Protection (OEP)
We have a new environmental watchdog, which will monitor and report on progress, advise ministers (but only when asked) and hold public authorities to account for failing to comply with environmental law. Break out the crackers!
But wait! There’s a dodgy joke inside. As it stands the OEP lacks crucial independence (Ministers will get to set its OEP’s budget and appoint its Board) and its enforcement powers are limited. Judicial review is the strongest weapon in the OEP’s armoury; it is unclear whether this power is robust enough and it’s certainly less effective than the power to issue fines.
Without an equivalent power to that of the European Court of Justice to impose large fines, we will lose a major driver for big environmental investment such as the £4.2 billion Thames Tideway ‘super sewer’ currently being built to clean up the Thames in London.
So what next?
This is only the first part of the Bill, with more to come ahead of its formal passage through Parliament. So we can hope for more.
Alongside targets, we would like to see provision made for a nature recovery network, as set out in the 25 Year Plan as well as more effort to involve the UK’s devolved nations in a joined-up approach.
We agree with Ministers that this is a once-in-a-lifetime opportunity to begin the process of restoring and protecting our environment for future generations, and we mustn’t let this opportunity slip or the Bill’s ambition to be compromised.
While the Bill as it stands may feel more like a turkey than a plum pudding it is worth recognising that it has taken a lot of hard work by Defra (some of which it appears to have been undermined by other Departments) to get it Bill this far. Significant progress has been made and there will be more opportunities to improve it further.
Working through the Greener UK coalition of conservation organisations WWT stand ready to help move this vital piece of legislation along to the next stage. 2019 promises to be a decisive year for our wetlands and the wildlife that depends upon it. If you value these places, we would love you to help us by making your own voice heard. Watch this space and if you haven’t already please voice your support for our Green Bill campaign.
