Environmental watchdog lacks resources to carry out water pollution investigations

The watchdog overseeing environmental regulation lacks resources to complete the work it wishes to, its chair has said.

The Office for Environmental Protection (OEP)’s Glenys Stacey said the organisation wants to complete a piece of work into diffuse pollution from agriculture, but is unlikely to do so without better resourcing.

Stacey told the Lords Environment and Climate Change Committee that earlier discussions on staffing levels indicated the OEP would have around 100 direct staff, but it does not yet have that number.

The OEP asked Defra for around 20 additional people, which Stacey said would be required to be a “credible organisation” and “just above the bare legal minimum” to operate.

With funding and resourcing routinely blamed for the Environment Agency (EA) not being able to carry out its work, the limitations on the OEP raised concerns among the members of the Committee.

Stacey said the organisation’s ability to conduct the proposed investigation into agricultural pollution in a timely way to influence regulatory decisions would depend on resourcing.

Agricultural pollution in waterways is a major contributing factor to waterbodies not meeting good ecological status, however it is challenging to control at source. The EA previously admitted having insufficient staff to properly regulate activities on farms.

The OEP was formed two years ago to bridge the gap left by leaving the European Union to ensure central and devolved governments were meeting  statutory commitments and have sufficient work underway to meet future targets.

In January, the organisation published its annual report into progress made by government against environmental improvement targets. It warned that the level of focus given to CSOs risked other clean water targets being overlooked.

The OEP’s first formal investigation launched in 2022 related to permitting and regulatory responsibilities for combined sewer overflows (CSOs).

Chief executive Natalie Posser said a decision was imminent on this case. While the investigation is live the OEP cannot comment, however Posser added the work showed the need for clarity of responsibilities in the water sector and its regulators.

“We think we understand now he respective roles and responsibilities of various bodies,” Posser said. “There is a clear interdependency between the roles of Ofwat and EA that has created material issues into the regulation of water companies.”

The body honed in on water targets soon after its formation, partly in response to heightened public and political anger about pollution entering waterbodies.

It has launched work into the regulations related to the Water Framework Directive, which Posser said would be published in the next few months, which together with the investigation into Ofwat and EA’s responsibilities would “give an awful lot of clarity about how things are and how could be improved in the future”.

The chair told the committee there was sufficient legislation in place, and that on many areas the strategy was well understood across departments, however issues arose around implementation.

“There is a lack of clarity about what is to be done by who and when, or the priority to be afforded to it or the resources to be able to do it,” Stacey said.