The Office for Environmental Protection (OEP) has identified potential failures to comply with environmental law by Defra in relation to plans for achieving Good Environmental Status (GES) of marine waters.
The GES target creates the framework for assessing and safeguarding the health of our seas. Yet, the marine environment in England and Northern Ireland remains in a highly degraded state, with evidence pointing to ongoing deterioration.
Under the Marine Strategy Regulations 2010, the Secretary of State is under a duty to have taken the necessary measures to achieve or maintain GES of marine waters within the marine strategy area by the statutory deadline of 31 December 2020.
The OEP launched an investigation in January as it believed that the available evidence indicated that this key target had not been met. Government has since consulted on an update to its assessment of the state of UK marine waters (UK Marine Strategy Part One Assessment) which recognises that GES has not been achieved from a scientific perspective.
Helen Venn, the OEP’s Chief Regulatory Officer, said:
“A recent report by OSPAR, which brings governments together to protect the marine environment, said that additional measures are needed and existing measures need to be more effective if declining biodiversity and continued habitat degradation are to be addressed.
“Our investigation is seeking to ensure accountability for the suspected failure to take the necessary measures to achieve GES of marine waters by 31 December 2020, and if that failure has occurred, ensure that it is addressed as soon as possible through the introduction and implementation of an evidenced, resourced and timebound delivery plan.
“Having a clear plan is key to ensuring that measures to protect and improve the marine environment can be effective in tackling the deeply concerning negative trends in our oceans.
“Since the investigation was launched, we have seen publication of a revised programme of measures, and a consultation on an updated UK Marine Strategy Part One Assessment. While we welcome the publication of these important documents, our investigation has identified possible serious failures to comply with environmental law.
“We have put these to Defra in an information notice in accordance with our enforcement policy. We will consider its response before deciding next steps.”
Defra has two months to respond to the OEP’s information notice.
Alongside the possible failure to meet the 2020 target, further possible failures set out in the OEP information notice relate to the way in which government has sought to claim exceptions from the duty to achieve GES, and a suspected failure to publish a lawful programme of measures.
“There is also a broader element to the investigation,” added Ms Venn. “This is potentially the first time a legally binding ‘apex target’ representing the final environmental outcomes government is trying to achieve has been missed since the introduction of the new approach to environmental governance through the Environment Act 2021.
“There are other similar environmental targets which fall due over the next few years, on climate, species abundance, air quality, water quality and so on, so there is wider interest in government’s approach to strategic delivery planning and meeting targets, and how it will respond should important targets be missed.”
