Archived press release

FOE comment on environment agency

1 April 1996

The Environment Agency started operating on 1 April 1996. The Agency is responsible for integrated environmental regulation of the air, water and land environments and is formed from Her Majesty's Inspectorate of Pollution (HMIP), the National Rivers Authority (NRA) and local Waste Regulation Authorities.

Although welcoming in principle the formation of the Agency, FOE warned that the potential benefits of a one-stop environmental regulation shop may not be realised, for the following reasons:

1 Too little freedom of information The Agency claims it is committed to openness, but has tripped at the first hurdle. Photocopying charges have been increased by nearly 70% from the rates that were charged by HMIP. Furthermore, if it were to respond to information requests from the public according to time limits stated in its newly published guidance, it would be acting unlawfully.[1] Lord Crickhowell, outgoing chair of the NRA, has said that if too much of the Agency's advice were given behind the scenes it "would quickly lose the public respect and support."[2]

2 Underresourcing The Agency may not be given the resources to do its job effectively.HMIP said in 1995 that it could only find the staff for fewer than three out of five necessary site visits to ensure compliance with regulation by industry.[3] Staffing levels have not been increased - indeed the Agency has 1200 fewer staff than anticipated two years ago.[4]

3 Too close to Government The Agency will operate under close ministerial guidance, which means that instead of being an independent regulator it could become a political football - especially as so many environmental issues are becoming more politically and socially prominent.

4 Let-out for Industry Under the Environment Act 1995, the costs of many actions of the Agency have to be justified before They can be implemented. So, for example, a company may choose to challenge an Agency decision that it should install expensive pollution abatement equipment, by a legal battle about this 'cost-benefit analysis.' This gives industry a stalling mechanism, and is likely to tie up Agency resources - a situation known as 'paralysis by analysis'.

Roger Lilley of Friends of the Earth said:

"We are watching and waiting to see how things shape up. In principle,an integrated Agency should be in a far better position to protect the air,water and land on which we all depend. We hope that it will turn out to be a guard dog that uses its teeth, rather than the sort that just goes up and licks the burglars."

ENDS

NOTES TO EDITORS:

[1] Specifically the Agency has said that "information made available under the Environmental Information Regulations will normally be provided within 60 working days" (i.e. about 3 months) - a clear conflict with the regulations which require requests to be responded to 'as soon as possible' and in no case more than two months after it is made. See the Environmental Information Regulations 1992 - Statutory Instrument No 3240/1992

[2] Quote from "Fears over Role of Environment 'Regulator'" - The Independent 1/4/96

[3] MINIS 16, Part 4. Department of the Environment 1995

[4] Speech by Ed Gallagher, Chief Executive of the Agency,at press launch, 6/2/96

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Published by Friends of the Earth Trust