LGA submission to the Office for Environmental Protections draft strategy and draft enforcement policy consultation

The Local Government Association (LGA) is the national voice of local government. We are a politically-led, cross party membership organisation, representing councils from England and Wales. 

Our role is to support, promote and improve local government, and raise national awareness of the work of councils. Our ultimate ambition is to support councils to deliver local solutions to national problems.

• Local authorities take environmental protection very seriously and spend significant amounts of time and money ensuring compliance with environmental law. Strong relationships have been formed with the Environment Agency particularly with regards to flooding, fly tipping and illegal waste sites and we are keen for a similar strong relationship to be formed between the Office for Environmental Protection (OEP) and local councils.
• Councils want to work as partners with the OEP to defend environmental law and are well-placed to do this as place-shapers, convenors of communities and partners, delivery agents, commissioners, and owners of assets.
• How the OEP will work with others is incredibly important if it is going to be effective with the relatively small resources it plans to operate with. As it currently stands, public authorities have a duty to co-operate with the OEP, but public authorities do not all have a duty to co-operate with each other. The OEP has an opportunity to convene public authorities and effectively expand the duty to co-operate across all public authorities.
• The OEP is in a unique position of having a helicopter view of environmental protection in England and this oversight, combined with the strength the office has, should be used to enhance existing efforts. Much can be achieved by coordinating the efforts of all bodies that have a role in environmental protection and this is a role the LGA would like to see the OEP leading on. This could be through a number of local or regional environmental partnership boards. The purpose would be to bring together senior officials and elected members to facilitate a collaborative approach to environmental protection across the sphere and could draw on learning from statutory partnerships like Crime and Disorder Reduction Partnerships.
• ​​​​​​​The OEPs role in Scrutinising Environmental Improvement Plans (EIPs) and Targets is one of its most important roles. Government has committed to an elevated level of action in the Environment Act and therefore monitoring progress made by this and subsequent governments is critical in meeting the agreed objectives.

• Q1. Do you have any comments on Section 2.2 of our strategy (Sustained environmental improvement)?
• Q2. Do you have any comments on Section 2.3 of our strategy (Better environmental law, better implemented)?
• Q3. Do you have any comments on section 2.4 of our strategy (Improved compliance with environmental law)?
• Q4. Do you have any comments on section 2.5 of our strategy (Organisational excellence and influence)?
• Q5. Do you have any comments on whether our four strategic objectives will lead us to pursue our principal objective and achieve our mission?
• Q6. Do you have any comments on our approach to prioritisation?

Local authorities take environmental protection very seriously and spend significant amounts of time and money ensuring compliance with environmental law. Strong relationships have been formed with the Environment Agency particularly with regards to flooding, fly tipping and illegal waste sites and we are keen for a similar strong relationship to be formed between the OEP and local councils particularly in holding central government to account.

We agree that one of the strategic objectives of the OEP should be to hold government to account for delivery of environmental goals and targets and its role in delivering against the objective of the 25 Year Plan. We also agree that the OEP should have a role in ensuring new environmental law is fit for purpose.

Local councils would welcome the OEP engaging and advising on sentencing by the courts. One example of where local government has raised concerns about sentencing guidelines is in the case of fly tipping. Public authorities are working hard to tackle fly tipping, gathering evidence, and building cases to take to court. However, all too often the sentences handed down by the courts do not reflect the impact of the activity and do not act as a sufficient deterrent to stop repeat offending.  

The OEP is in a unique position of having a helicopter view of environmental protection in England and this oversight, combined with the strength the office has, should be used to enhance existing efforts. Much can be achieved by coordinating the efforts of all bodies that have a role in environmental protection and this is a role the LGA would like to see the OEP leading on. This could be through local or regional environmental partnership boards, or something similar. The purpose would be to bring together senior officials and elected members to facilitate a collaborative approach to environmental protection across the sphere and could draw on learning from statutory partnerships like Crime and Disorder Reduction Partnerships.

Regarding prioritisation, we would strongly recommend a period of targeted engagement with public authorities to understand the concerns and issues that public authorities are experiencing first-hand. Key issues local authorities are dealing with at present include fresh water and marine pollution by water companies’ discharges, air quality, soil health and erosion and access to green space.

Enforcement

• Q7. Do you have any comments on our approach to determining whether a failure is serious?
• Q8 Do you have any comments on our approach to determining whether damage is serious?
• Q9. Do you have any other comments on our approach to enforcement.

Local authorities are responsible for a considerable amount in their local area including Adult Social Care, Social Services and Public Transport to name a few. On rare occasions environmental targets can be missed due to lack of resources and the protection of the environment being less of a priority than something else. In these circumstances the LGA welcomes the OEP’s intended use of ‘Compounding factors’ and ‘Mitigating factors’ to determine the seriousness of a failure and what action, if any, is required.

The LGA considers that focusing on serious breaches of environmental law is the proportionate approach to enforcement. The LGA welcomes the OEPs intention to engage with public authorities to seek a solution before considering court action and considers this approach the most appropriate use of public money.

The LGA supports the free-to-use public complaints service but would recommend an addition channel, as well as the website e.g., PO Box, telephone number, to ensure all members of the public have easy and convenient access to the service.

It is likely the OEP will receive information that is relevant to local authorities but not of interest to the OEP via the complaints service. The LGA would be keen to work with the OEP on how effectively we can ensure the sharing of non-confidential information between the OEP and Local Authorities to ensure the public are not inconvenienced.

Scrutinising Environmental Improvement Plans (EIPs) and targets

• Q10. Do you have any comments on our approach to balancing our activities between monitoring overall progress and monitoring selected areas in more detail?
• Q11. Do you have any other comments on our approach to scrutinising EIPs and targets?

The LGA considers the OEPs role in Scrutinising Environmental Improvement Plans (EIPs) and Targets to be one of the most important roles of the OEP. Government has committed to an elevated level of action in the Environment Act and therefore monitoring progress made by this and subsequent governments is critical in meeting the agreed objectives.

​​​​​​​The OEPs mission to protect and improve the environment by holding government and other public bodies to account is supported but the LGA encourages the OEP to deliver this mission through collaboration and inclusivity. 

​​​​​​​The OEP should be thorough and meticulous in scrutinising EIPs and targets but should also be fleet-of-foot, enabling itself to change direction should the situation require it. Openness, transparency, and cooperation will help facilitate a more fleet-of-foot nature for the EOP by drawing on intelligence gathered as it happens. However, there is a need to strike the right balance between transparency and confidentiality.

Scrutinising environmental law

• ​​​​​​​Q12. To what extent do you agree with our interpretation of how we will scrutinise the implementation of environmental law?
• Q13. Are there any other approaches to scrutinising the implementation of environmental law you think we should consider?
• Q14. Do you have any other comments on our approach to scrutinising environmental law?

​​​​​​​The LGA welcomes the OEP’s intention to maintain an overview of the implementation of environmental law through stakeholder engagement and encourages the OEP to formalise such arrangements in the early years of the OEPs establishment. Public authorities, especially local councils, have considerable knowledge and experience of understanding how environmental law is implemented, where it works well and where it is lacking.

​​​​​​​Using a structure that includes national or regional environmental improvement boards would further support and enhance the OEPs role both in monitoring the implementation of environmental law but also in advising government on proposed changes to the law and other environmental matters.

​​​​​​​Transparency and openness will help public authorities identify potential breaches of environmental law, reduce occurrences, and save public money. The LGA encourages the OEP to be as transparent as possible in scrutinising the implementation of environmental law for the greater good.

Advice

• ​​​​​​​​​​​​​​Q15. Do you have any comments on our approach to advice?

No comments to submit on your approach to advice

How we will work with others

• ​​​​​​​Q16. Do you have any comments on how we will work with others?

​​​​​​​The LGA considers how the OEP will work with others to be one of the greatest opportunities for the OEP. As it currently stands, public authorities have a duty to co-operate with the OEP, but public authorities do not all have a duty to co-operate with each other. The OEP has an opportunity to convene public authorities and facilitate a collaborative approach to environmental protection across all public authorities.

​​​​​​​The OEP has an unprecedented oversight of environmental law in England and has the authority to convene all public bodies together at a senior level once or twice a year. This would provide an opportunity to discuss the more complex issues that can arise because of numerous authorities involved across the environmental protection spectrum.

​​​​​​​Local authorities sometimes receive complaints that should have been directed to other authorities, such as water companies, regarding environmental impacts. The establishment of local or regional environmental partnership boards, or something similar, would help to ensure that issues and complaints are directed to the appropriate authorities promptly and therefore facilitating timely resolution.

​​​​​​​It is important for the OEP to understand the distinct roles undertaken in local government and how they differ across unitary authorities and two-tier authorities. It is also important to ensure that the OEP engages departments across local councils and especially the local planning authorities.​​​​​​​

The consultation document rightly identifies that the Climate Change Committee (CCC) has a similar function to the OEP in monitoring and reporting on progress within the Climate Change Act 2008. We welcome this recognition and the intention to agree an MoU with the CCC but encourage that MoU be shared with all interested parties in the spirit of transparency.

Objectivity, impartiality, proportionality and transparency 

• ​​​​​​​Q17. Do you have any comments on our approach to objectivity?
• Q18. Do you have any comments on our approach to impartiality?
• Q19. Do you have any comments on our approach to proportionality?
• Q20. Do you have any comments on our approach to transparency?

​​​​​​​The LGA welcomes the requirement to act objectively and impartially, and to have regard to the need to act proportionately and transparently. Evidenced based approach to decision making is strongly supported and working without prejudgement or bias is very welcomed. Proportionality is subjective but as an approach it is welcomed.

​​​​​​​Transparency has the potential to be a powerful mechanism for ensuring environmental compliance both from and educational and deterrent perspective. 

General comments

• Q21. Do you have any other comments on our draft strategy?
• Q22. Do you have any other comments on our draft enforcement policy
• Q23. Overall, how satisfied are you that the draft strategy and enforcement policy provide a sound basis for the OEP to fulfil its remit?

No further comments to submit