Financial penalties will not be the go-to enforcement option for the newly formed Office for Environmental Protection (OEP), which will pursue other options for environmental offences, its independent chair Glenys Stacey has indicated.
The OEP was created to independently enforce environmental laws in the UK following Brexit. Stacey and the board were appointed in 2020, and Natalie Prosser was subsequently named as chief executive.
Speaking at a Westminster Forum on water regulation, Stacey explained fines will be one enforcement tool available to the OEP. However, she said the the body’s philosophy would be to use its inherent authority and raise concerns directly with offending organisations to resolve issues without prosecution.
She said powers to fine do not make significant difference to behaviours and money from fines would not directly benefit the environment. Therefore the chair suggested reputational penalties may be sufficient to avoid the enforcement process without resorting to fines.
After being legally formed in November, when the Environment Act passed into law, Stacey said the organisation “is coming to life” with currently around 50 staff. Parliament will grant the OEP its full powers on 24 January and already has a board in place and the executive team will begin later this month.
The OEP will then prepare to launch its draft strategy outlining four main functions: to scrutinise environmental improvement plans (EIP) and targets; to scrutinise legislation; to advise on changes to law; and to investigate and enforce where other bodies did not comply with the law.
Stacey explained the strategy would set out how the OEP will work with other bodies while maintaining independence and how it will prioritise issues.
“As a small organisation with a large remit we want to make sure our actions have a big impact,” Stacey said, but added that the OEP would not be able to address every environmental concern.
“We will prioritise selectively and strategically and target our action where we the OEP can make the best impact,” she said and highlighted the importance of stakeholder engagement to informing priorities.
The body will monitor and update on progress made against the government’s 25-year environment plan, with its first report to be published in March.
It will take a “constructive” approach to overcoming any barriers that prevent government making progress on its commitments, which Stacey said would maximise the benefits the OEP can bring about for the environment.
Similar to the Environmental Audit Committee’s Water Quality in Rivers report last week, Stacey said meeting environmental targets would require increased monitoring to understand the starting point.
On funding, which the EAC’s report found to be lacking for the Environment Agency to carry out its duties, Stacey said the new organisation “requires fuel”.
“We cannot be all things to all people but we must be resourced sufficiently,” she said. Further resources will be sought if necessary when the group is fully functional following a review and budget, Stacey added.