It is good news that the Environment Bill will resume its parliamentary journey on 3 November after a delay of more than six months. The not-so-good news is that the government has proposed some amendments to the Bill (for example, see NC24 on page 50) which would weaken the already precarious independence of the new green watchdog, the Office for Environmental Protection (OEP).

The OEP will replace the EU Commission and Court of Justice in monitoring and enforcing environmental laws in England and Northern Ireland from 1 January 2021. The UK Government has given the OEP certain powers, including the ability to start its own investigations – but serious questions have already been raised over the body’s independence. Defra ministers will appoint the OEP’s chair and other board members and determine its budget, with a limited role for Parliament.

The Government’s amendments would see ministers give themselves power to issue guidance to the OEP on how to enforce potential breaches of environmental law, including cases involving the Government; the OEP would then be required to consider this advice in preparing its enforcement policy and enforcing the law. The guidance could include how the OEP decides the meaning of ‘serious’ breaches and how it prioritises its cases. Guidance could be published as frequently as the Government feels is needed.  SEE MORE.....