I got into trouble with some of you when I wrote in
September that contracting-out our environmental legislation to the EU was
always a bad idea and I was surprised that the ‘great and the good’ such as
the National Trust, RSPB et al suddenly leapt to the defence of legislation
they had routinely trashed and derided as inadequate for decades.
However, it seems
I was not alone in my thinking as Henrietta Appleton, Policy Officer at the
Game and Wildlife Conservation Trust said something similar last week citing,
as an example, the ‘EU’s decision to ban the only effective herbicide for
bracken control, based on residue data submitted when the chemical was used
on spinach.’ Yes, rewriting 2,500 pieces of EU-derived legislation as
required by the end of 2023 will be difficult. Not all the outcomes will
always be good or to the satisfaction of everyone. But equally plenty will
be better and ultimately, we should have a framework of legislation suited
to the particular needs of our island.
If the legislative road will be a hard one for Coffey, then
she can take some comfort that the regulatory one need not be. Bodies such
as the Environment Agency, the Water Services Regulation Authority (Ofwat)
and Natural England are directly under her control. If fact, members of all
these bodies sit on the Executive Board of Defra. Here are some stark facts
she should lay out to our friends at the EA at the first board meeting as
detailed this week by New Civil Engineer magazine,
‘The 107 prosecution cases brought by the EA in 2021, are
more than the 2020 (70 cases) but less than 2019 (143 cases). Data analysis
provider Ends [a research group] has found that the number of prosecutions
has fallen by 76.4% in the past decade compared to the previous one –
an average of 710.6 prosecutions a year between 2000 and 2010, while
between 2011 and 2021 the yearly average stood at 167.6.’
Let us just chew on that final statistic for a moment: the
average number of EA prosecutions each year has fallen from 710 at the
start of the millennium to 167 last year. Really? Have our rivers got
cleaner with each passing year to warrant such a decline? Or course not. It
is time to relieve the EA of a task to which they are clearly unsuited.
Finally, it’s that public discourse thing. All the legislation
in the world will not change the parlous state of our rivers and coastline
in the short and medium term. The one thing that hit me right between the
eyes when I was doing the research for The Otters’ Tale was that it
took a full thirty years for the organophosphates that bought our otters to
the edge of extinction to work their way out of the food chain. However, we
could stop pouring sewage into our rivers overnight if we built decent
sewage processing plants. We could save our rivers from terminal
abstraction with a national water grid and desalination plants. If we
started today, and at less cost than HS2, within five years we could stop
the rot and in ten start to make things better.
I know with all the talk of a cost-of-living crisis proposing
higher bills comes with political risks but surely it is a conversation
worth having?
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