EA sets vision for future as ‘fast-paced’ regulator

The Environment Agency’s chief scientist has underlined the need for the body to become flexible, fast-paced and risk-based to adapt to the rapidly changing world it regulates.

Speaking at a Westminster Forum debate on the future of environmental regulation after the UK’s departure from the EU, Jo Nettleton described the current system as complicated, prescriptive and slow to adapt.

The EA, which has had its funding slashed in half compared to 10 years ago, has faced mounting criticism for the polluted state of rivers and waterways in the UK.

At present, Nettleton said: “The regulatory framework is complicated, in places too prescriptive, and can be slow to adapt as novel risks emerge from changing practices, new chemicals and substances, or as our knowledge and understanding of risks change.”

She acknowledged the failures of rivers and waterways to meet good ecological status are not restricted to the water industry, with farming responsible for 40% of water bodies not meeting the required standard.

“It is one of the sectors that causes a large number of serious pollution incidents, there’s no point just cleaning-up the water industry to improve water quality; action on pollution and discharges from farms and other polluters is also needed,” Nettleton said.

She said the future of environmental regulation will “ultimately be decided by government” and suggested there “is still a role for traditional regulation” to meet the aims of the 25-year environment plan to set standards, targets and limits.

Within that future, regulation needs: “to have sufficient scope, be adaptable, fast paced, risk based, outcome focused,” Nettleton said. She suggested a “progressive framework that is flexible and proportionate, and makes it easier to dial up and dial down the level of intervention as the risks and our understanding of the risks change.”

Speaking at the same event, Michael Barlow, environmental lawyer at Burges Salmon, highlighted challenges facing the Office for Environmental Protection, which formed after the UK left the EA. He said the body, which was created to be independent, had already admitted to being stretched and to receiving a lot of “complex complaints”. Meanwhile, he added, government has “backtracked on long-term funding commitment” for the OEP that it would be ring-fenced.

The OEP launched its first investigation in June to determine if regulators have met their duties relating to combined sewer overflows.

The future of regulation will feature at the Utility Week Forum in London on the 8 – 9 November with regulators past and present speaking. See the full line up and book your place here.