The Office for Environmental Protection

Urgent action must be taken to better protect and restore Northern Ireland’s most precious places for nature, our latest report has found.    We have looked in detail at how well laws designed to protect key areas for nature, such as the Antrim Hills, Upper Lough Erne, Lough Neagh and Rathlin Island, are working.    These areas and others represent the most important of Northern Ireland’s natural landscapes and biodiversity. They support rare or threatened plants, animals and habitats. Because of their importance to nature, they are legally designated as protected sites, with the aim they will be properly protected and managed.    However, not enough sites are being designated, and the condition of those that have been is getting worse rather than better.    The habitats and species features of these sites that were in favourable condition dropped from 61.7% in 2008, to 51.5% in 2024. While work to earmark further sites for protection has slowed, with Northern Ireland lagging behind the rest of the UK, Ireland and Europe in its coverage of protected sites.  Natalie Prosser, our Chief Executive Officer (CEO), said: “The need to act is urgent. Instead of seeing the improvement of these precious sites we see deterioration. And the designation of areas as protected sites has effectively stalled with no new sites being designated since 2018, leaving important places for nature unprotected. “Our report identifies that the failings are largely not in the legal framework for protecting these natural treasures, instead it is the implementation of these important laws that is falling short.”     The report makes 14 recommendations to the Department of Agriculture, Environment and Rural Affairs (DAERA). The report can be found here: https://lnkd.in/ejM9unJz

We welcome today’s (Wednesday, 2 April) Court of Appeal decision on the correct interpretation of the law to protect and improve water quality. The Court has handed down its judgment in the appeal of the case of R (Pickering Fishery Association) v the Secretary of State for Environment, Food and Rural Affairs. It has found that government programmes of measures under the Water Framework Directive (WFD) Regulations must identify actions for each water body to achieve the environmental objectives for that water body. Dismissing the Defra Secretary of State’s appeal, the court confirmed that the approach taken by Defra and the Environment Agency to the preparation and approval of River Basin Management Plans (RBMPs) is unlawful. The OEP intervened in the appeal to highlight the importance of clarity in the law to promote positive outcomes for the water environment following its report into implementation of the WFD Regulations and River Basin Management Planning in England. Our General Counsel, Peter Ashford, said: “We are pleased the Court of Appeal has agreed with the OEP’s submissions in our intervention, finding that our interpretation of the relevant legislation is ‘essentially correct’. The judgment upholds the decision of the High Court and clarifies the requirements for there to be programmes of measures tailored to improving the environment in individual water bodies. “The judgment will also be relevant to our recently launched investigation into possible failures by Defra and the Environment Agency to comply with the WFD Regulations, which includes consideration of generic programmes of measures that do not address specific issues in individual water bodies. It also considers the fact that government adopted plans with low confidence that they would achieve relevant environmental objectives. “We will consider the judgment carefully and engage with Defra and the Environment Agency to understand the action they intend to take to address the court’s findings and deliver improvements in water quality. “The findings of the court are also of wider significance, supporting the OEP’s continued calls for other government environmental targets to be accompanied by transparent delivery plans that demonstrate how those targets will be met.”

We have launched an investigation into possible failures by Defra and the Environment Agency to comply with the Water Framework Directive (WFD) Regulations, one of the key laws in place to protect and improve water quality.  This follows a report into the implementation of the WFD Regulations, which we published in May 2024, which found that issues with implementation meant key targets for improvement of water bodies by 2027 were highly likely to be missed. Key issues identified in the report included plans that are too generic and therefore don’t address specific issues at individual sites, and plans being put in place despite low government confidence that their objectives can be achieved.   Defra has formally responded to that report and broadly accepted its findings, but that response did not provide direct assurances that the issues identified would be addressed in a timely manner. The follow-up OEP investigation will look at whether those issues raised in the report represent failures to comply with environmental law.  If it is determined that there have been such failures, the investigation will aim to accelerate progress to achieving the environmental outcomes for water bodies, inform any changes or developments to legislation, and raise public awareness and participation in the process to improve accountability. Helen Venn, our Chief Regulatory Officer, said: “We recognise and welcome that much is being done on the issue of water quality at this time, with cleaning up rivers, lakes and seas being one of Defra’s five core priorities.  “We are engaged with the Independent Water Commission led by Sir Jon Cunliffe, which will be looking at aspects of the WFD Regulations, and we await the outcome of the appeal in the case brought by Pickering Fishery Association relating to the correct interpretation of the Regulations, which we intervened in. “Our aim is for this investigation to be a valuable part of that bigger picture, informing any reforms, changes and actions through clarifying what is required of government and the Environment Agency under the current regulations, so any issues are not carried forward. “But we also believe that more urgent actions may be needed. We are concerned that there is an indication of potential failures to comply with environmental laws which are having ongoing negative consequences for water bodies, and this is why the important targets for water quality are highly likely to be missed. “Even with all the other activities taking place, none involve firm commitments to address the issues we have identified, and the timeline and extent of any resulting changes are currently uncertain. Clarifying the requirements under the current regulations can help drive action to ensure those targets for water bodies are met as quickly as possible.” 

Government Urged to Build on Positive Start in Implementing Key Legal Obligation to Help Hit Environmental Targets, says OEP Today we published our report on a key law designed to put the environment at the heart of government. We found the Environmental Principles Policy Statement (EPPS) is being supported by government but more needs to be done for it to help hit environment targets. Government ministers and officials have a legal duty to consider the Environmental Principles Policy Statement (EPPS), when making policy. The EPPS is important because it sets out how Ministers (and officials acting on their behalf) should apply five well established environmental principles to support environmental protection and improvement. It means government policymakers are legally obliged to consider the potential positive and negative effects on the environment from the outset, and as they develop policy.     In our latest report, we scrutinise and monitor how the EPPS has been implemented across a number of government departments since it came into effect on 1 November 2023.    We are now urging strong government leadership to strengthen the EPPS and help drive progress towards government’s legally binding environment targets, commitments and goals, such as those in the Environmental Improvement Plan (EIP). Government is currently largely off-track to meet statutory and other targets.    The OEP’s Chair, Dame Glenys Stacey, said: “Strong leadership is needed from government to strengthen the EPPS to better reflect legally binding targets and government’s strategies and plans to help increase the prospects of meeting them. The EIP is government's plan and not just the responsibility of one department. It requires cross departmental support and policy coherence, and that is where effective implementation of the EPPS can make so much difference.  “There is so much to be done to protect and improve the environment. In our most recent EIP annual progress report, we found that government is largely off-track to meet its targets. The window of opportunity to turn things around is closing fast. The responsibility is not Defra’s alone: the EPPS is such a valuable tool, stretching beyond Defra to all government departments, and implemented well it can help change this trajectory.”   Read more 👉 https://bit.ly/3QzNabs

We have welcomed improvements to the latest Fisheries Management Plans (FMPs) released for consultation by Defra, but think there are still areas for improvement. Responding to the latest package of FMPs, we have said the new approach makes it easier to identify specific actions that will restore or maintain relevant fish stocks. The use of specific performance indicators to track implementation of the actions in one plan is particularly welcome and should be replicated in others. Our consultation response also welcomes an improved approach to applying the precautionary principle. This principle states that a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. We think some areas for improvement remain. We reiterate our recommendation from a previous consultation on FMPs that the plans should place stronger emphasis still on how goals will be achieved, with measures proposed that can be effectively assessed for progress. We also recommend that details on how the Environmental Principles Policy Statement has been applied should be published alongside the final FMPs. Our Chair, Dame Glenys Stacey, said: “We are pleased to see meaningful improvements in the latest package of FMPs. “Our comments are intended to support the continued strengthening of the plans as they enter their implementation phase. It is essential that the final plans are published as soon as possible, and robust measures are identified, adopted and implemented at pace to ensure government’s plans for achieving its stated objectives and statutory targets are credible and coherent.” Defra released the latest package of FMPs for consultation in September last year. FMPs are an important vehicle for Government to meet its environmental targets and commitment to deliver sustainable fisheries.  Our consultation response can be read in full here: https://lnkd.in/eNEPPs-w

📢 We are recruiting! Executive Assistant to the Chief Executive and Chair Would you thrive working alongside senior leaders and supporting them to enable an organisation to work well and succeed? Do you want to play a role in helping the OEP achieve its mission to protect and improve the environment? We are excited to be looking for an Executive Assistant to our Chief Executive and Chair to come and join our organisation. This pivotal role in our Business Strategy and Planning team ensures the OEP operates effectively, aligning strategy, governance, and planning to our mission: protecting and improving the environment. Join us at the heart of the OEP and make a meaningful impact! Find out more ➡️ https://bit.ly/4h2H5Qx

📢 We are recruiting! Head of Intelligence Do you have experience in assimilating information and developing intelligence products to help identify risks, issues and opportunities? Can you use this information to produce intelligence products that informs better evidence-based decision making and supports the delivery of an organisational mission? We are seeking a skilled Head of Intelligence to join our Regulatory Directorate. This key role will oversee our intelligence function, synthesizing data from across the OEP and external sources to produce insights that drive evidence-based decision-making. If you're motivated to support our mission through strategic intelligence, we’d love to hear from you! Find out more ➡️ https://bit.ly/4jmWzjP

Professor Robbie McDonald and Dr Cathy Maguire explain the findings of our latest annual progress report in the video below. They also explain our recommendations to Government on how things must be turned around if Government is to meet their legally binding environmental commitments. 👇 https://lnkd.in/ecRSp4rr

Progress towards improving the environment has slowed with government still largely off track in achieving its legal environmental commitments, our latest annual progress assessment has found. Read more about our report 👉 https://bit.ly/4hj23Kw

This Government has the chance to get on track to meet legal environmental commitments – but the window of opportunity is closing fast, we warn in our latest annual progress report found here 👉 https://bit.ly/4hj23Kw. Progress towards improving the environment has slowed with government still largely off track in achieving its legal environmental commitments, we have found in our latest annual assessment.   Our report, published today (Thursday, 16 Jan) provides an assessment of progress towards legally-binding environment targets, commitments and goals (including those in the statutory Environmental Improvement Plan (EIP)) such as obligations to halt declines in water, air quality and nature. The report covers the period 1 April 2023 to 31 March 2024.  We conclude that while there have been some areas of improvement, very substantial challenges remain with less progress being made overall compared to the previous 12 months. Government is still largely off track to achieve obligations endorsed by Parliament to significantly improve the natural environment.   Key deadlines are fast approaching. There is still opportunity for this government to catch up and to get on track, and to change the trajectory we are on. To do so, urgent and decisive action is needed, we say.    The report also warns that unless things change materially, key targets, such as the 30 by 30 target for land and sea will not be met.  Our chair Dame Glenys Stacey, said: “Once again, our annual EIP progress report is a worrying read. Due to the reporting cycle, it assesses the progress made under the previous government, but our recommendations and advice still very much apply to the current government as it must deal with mounting environmental challenges. “However, prospects are not fixed. There are opportunities for this government to get on track.    “But with each passing month, the window of opportunity to redress environmental harms is closing, while the effort needed and cost to do so increases." Read more about our report https://bit.ly/4hj23Kw