Select Committee on Environmental Audit Minutes of Evidence


Examination of Witnesses (Questions 160 - 178)

TUESDAY 26 OCTOBER 1999

THE RT HON MICHAEL MEACHER, MP, MS GLENYS PARRY AND MR TONY BRENTON

  160. Is that not a weakness in that everyone knows what the status of an Environmental Action Programme is, it is quite clear, and yet we do not know what the status of a Sustainable Development Strategy is.
  (Mr Brenton) We are firmly in the area of hypothesis here as we do not know. We know what the legal status of an Environmental Action Programme is because we have had one before. Its legal status was of a Commission document which the Council had expressed support of and approval of. There is absolutely no reason why a Sustainable Development Strategy should not take exactly the same form, but this is a question for once we have agreed, if we are going to agree, that there is going to be a Sustainable Development Strategy.

  161. Also, if there is a sixth Environmental Action Programme, and you are talking about a Sustainable Development Strategy maybe in 2002, are you not putting the cart before the horse? Should not a Sustainable Development Strategy come before an Environmental Action Programme so that there can be the appropriate trade-offs of the two legs of a Sustainable Development Strategy, namely economic and social?
  (Mr Meacher) No, I would not take that view. I would see the Environmental Action Programme as feeding into, infusing the Sustainable Development Strategy, and I take what Mr Brenton has said that it could be legally based in exactly the same way. An alternative, and I am just really thinking aloud, an alternative would be that it could be adopted at a Summit Council, at the European Council.

  162. But not at this one?
  (Mr Meacher) No, no, it has not been prepared.

  163. Exactly.
  (Mr Meacher) But if there is a commitment that we need a Sustainable Development EU-wide Strategy and if that is agreed at the Helsinki Council, it would be reasonable to suppose that when a strategy had been prepared, it would come back to that Council for endorsement and if it were endorsed, then it would be mandatory on all the relevant bodies within the Community.

  164. I think you were rather kind to the fifth Environmental Action Programme in what you said.
  (Mr Meacher) I am always kind!

  165. Be careful—that is maybe a fault in negotiating terms! But certainly some of the evidence that we have had has been that the environment has really done rather badly in the past few years and particularly this year when there has been all the commotion with the change of the Commissioner and so on and so forth and very little progress has been made. You will no doubt obviously be aware of the European Environment Agency's own analysis in its report, that the Agency marks the EU environmental score card in 15 policy areas. It finds that environmental quality has currently changed for the worst in eight of those areas, while there are some positive developments, but insufficient, in six more. There is also a legend for unambiguously positive developments and there is no single sector which merits that play and indeed Commissioner Wallstrom, when she was being interviewed by the European Parliament, asserted that more or less everything needs to be done, and she was not very positive about what had been done, so it looks pretty bad, does it not?
  (Mr Meacher) I do not demur from that. I am not sure that that is the fault of the fifth Environmental Action Programme. I think that in the absence of a Sustainable Development Strategy which feeds into all the relevant councils, we are not going to see a fundamental improvement and we are still not quite there. The European Environment Agency report did show some improvements and you did allude to those—trans-boundary air pollution, pollution of rivers, ozone depletion—but I agree that in terms of greenhouse gas emissions, threats to biodiversity and particularly risks from chemicals, we are continuing, if not to go backwards, not to make progress. I do think specifically in those areas that the Kyoto Protocol, the European bubble, the commitment to achieve our targets, to look at interim progress by 2005, I do anticipate that we are going to see progress on greenhouse gas emissions, and that on threats to biodiversity, again the UK has a very good record which began under the last Government and it continues now with 400 species and habitat action plans, costed, quantified, specified now in place, a model for Europe. The EU Biodiversity Action Plan is now being put together and I would expect that to be complete in the next year or two and to begin to have a real impact on biodiversity, I hope, including on birds in France, and the risk from chemicals, I hope, will be reduced when we do have in place a European strategy for chemical assessment. That has never been the case and only a handful of chemicals, amazing as it may seem, have ever been subjected to systematic assessment. It has now been agreed with CEFIC, which is the association of European chemical manufacturers, that over 1,000 of the high production volume chemicals, which includes some of the most toxic and some of those we are most concerned about, such as endocrine disruptors, will be subject to full assessment by the year 2004, so there are already plans in place which within the next five years, even on the weak areas, I think will begin to allow for noticeable improvement.

Joan Walley

  166. I think we are getting to the stage now where everything depends on everything else, but if I can turn a bit towards the sectoral strategies, I think you have told us that it is going to be important that we get the structure right and if then everything is all about how we implement and enforce what the structure pre-determines, how do you think that the sectoral strategies, which were actually agreed at the Cardiff Summit, can really now make progress? You mentioned that we have this wave of sectoral policies, that we have got three first of all with transport, energy and agriculture, but do you feel that those are the key areas for the first three that come forward or do you feel, for example, that all the different sectors should be taking their priorities at the same time and can we wait for the other ones to come on board? Do you feel that this process of the different sectors and the different councils making their individual progress is now as it should be or that more needs to be done?
  (Mr Meacher) I think it is a sensible way to proceed, to request each of the councils, and transport, energy and agriculture are absolutely central in terms of environmental impacts, to address systematically the environmental impacts that their policy area has. It is only by getting them to think systematically on that issue and to make proposals that I think we can make progress. They have made a lot of progress. The Transport Council report recognises the need to decouple economic growth without necessitating an increase in traffic, that greenhouse gas emissions from transport must be Kyoto compatible and they have said that. They have accepted that there are constraints in terms of the Air Quality Directive and the UNECE Protocol on acidification and ground-level ozone. They have recognised that those are all areas where transport policy needs to change. If you look at the Energy Council Report, they have proposed an action plan for energy efficiency, an increased use of renewables and CHP, combined heat and power, that the Council should internalise external costs exactly as we would propose and meet Kyoto Protocol commitments. The Agriculture Council report, which I think is the least satisfactory of the three for well understood reasons, nevertheless, recognises the need to reduce agrochemicals and biocides, the need to assess GMOs on a systematic case-by-case basis, which is exactly what is now happening, a promotion of further reductions in methane, which is a greenhouse gas, and ammonia, which is particularly an agricultural area, the increased use of renewables from biomass and biofuels, and the promotion of sustainable forestry management. It is all there. These are excellent reports in the sense that they recognise what needs to be done and what we now need to hold them to is the implementation and enforcement within an agreed timescale.

  167. I think that is exactly it. I think that comes back to Mr Shaw's questions previously about whether or not these papers that we have now got contain targets, contain the indicators so that your implementation and enforcement can actually take place. Do you think that they are sufficiently strong in targets and timetables or do you think that they are still bland documents? What role have you got as the Environment Minister in assessing whether or not they are too bland or whether or not you can put more targets and milestones into them?
  (Mr Meacher) First of all, you are right, that they are too bland. The timescales are not there in most cases. I think they are most likely to be in the case of transport, to some extent in energy, not in the case of agriculture and not, I think, in the case of the other reports, so you are quite right, that whilst they have been giving some systematic thought to this, perhaps, I do not say for the first time, but doing it more thoroughly than they have done it before, but they have not tied themselves down to action with a specific timescale. They have just recognised that there needs to be a change of policy, there needs to be a change of procedure, that it has not been sufficiently tied down and not within a timescale.

  168. That is what I really want to get at because given what we had at Cardiff and given the Environment Agency's report about perhaps progress not going forwards, but going two steps backwards possibly, how do you think you can really make these particular sectoral reports be that much more tight and actually have targets and be able to get the inputs that you have talked so much about? What role have you got, what role has the Council of Ministers got? How can they be tightened up? How can they be more than just bland statements of intent? How can we keep these targets in there and actually get the targets met and enforced?
  (Mr Meacher) Well, that is a good question and when you ask what can we do, what can the UK do or through the Environment Council, not as much as I would like. We come back to Mr Brenton's Chinese walls. I would be in favour personally of inviting the President of the Agriculture Council perhaps with the Commissioner to attend our Committee, to explain what they have proposed and to listen to what we say, which I think would probably be many of the things that you are saying, that these things are excellent objectives, but how actually are they going to deliver these grand objectives and in what timescale, "Can you do it?", and if they say, "Well, we have not had a chance yet to work that out, then to say, "Well, perhaps in six months we could meet again and you could have a specific implementation plan, action plan". Now, I think given the Protocol's procedures of the European Community, I am not sure that we can do that. Each of the councils and the directorates regard themselves, if not as a law unto themselves, certainly as autonomous bodies and they do not like to receive suggestions, proposals, criticism from other bodies. Nevertheless, the publications of these bodies means that this is into the general pool of data, of ideas, and it does permeate. We will find a way of commenting, not, I think, of systematic calling people to account, asking them to attend, cross-questioning them like you are cross-questioning me because I do not think we can do that yet, but it is coming.
  (Mr Brenton) An obvious route for dealing with this deficiency in these strategies is for the European Council, when it looks at them, to underline the importance of indicators and timetables and to express the hope that the councils, in pursuing their strategies, will set themselves timetables and indicators for their achievement and that is a matter for us to try and negotiate through the machinery which produces the European Council conclusions.

  169. Can I just get back on to that because I think that one of the questions I wanted to ask in terms of that machinery is that in terms of the contribution that our own Committee set up under the Greening Government initiative makes, as far as I understand it, that does not have a direct say in the sort of competence as far as what goes on in Europe is concerned, so how can we get our own Greening Government initiative and our own Environment Minister to have a greater input into that level of the setting of policies at that European level?
  (Mr Brenton) Well, the Minister does. We in the UK have Cabinet Office machinery which brings in the views of all departments into setting European policy.

  170. But that is indirect, is it not, not direct?
  (Mr Brenton) Well, just to finish, through that machinery our line for the European Council at Helsinki will be agreed and put to the Prime Minister, so it is possible for the Department of the Environment, through that machinery, to put in the idea that we press for the European Council to press for indicators and timetables as part of the conclusions of Helsinki. The links are all there; it is a matter of using them.

  171. Can I just ask the Minister, is it actually possible to access that process through the structure that has just been outlined?
  (Mr Meacher) I think it is. I do not think that is the only one, but I think it is a very forceful and effective one. If we can get Heads of Government to endorse the need for clear programmes of action with timetables, that undoubtedly has a very great deal of effect. That does not again stop us also at the lower level of councils or directorates from trying to improve communication, trying to get more dialogue, and I am strongly in favour of having that. We have tried to do that, as you yourself said, Mrs Walley, in terms of the Greening Government initiative in the UK. We have just issued, as you well know, our first report which does set down benchmarks with targets for particularly energy efficiency and waste and transport impacts, and I think we could say, "This is the way we are doing it in the UK. Is this perhaps something that we could also follow in Europe? Does this provide some kind of model?" I think we have to press for action at all points.

Mr Grieve

  172. We have already touched on this in part, but can we go back to Commission procedures. The process of integration also clearly involves the Commission developing systems to produce more integrated policy proposals and I think it is already looking at one or two things like the Green Star system. There is ample evidence, you may agree, that it does not work very well, so what can be done and what is your opinion of what should be done in order to improve that? I know that there are some suggestions that there are going to be reforms, greening policy, green starring, appointing environmental correspondents in each directorate-general, an analysis of European Union funding, but, firstly, do you see those as important reforms?
  (Mr Meacher) I do, although I think that they have had a limited impact, but one has to be thankful for small mercies, I suppose. You have mentioned several things. Global assessment with regard to the fifth and sixth Environmental Action Programmes, what that was about was analysing the effectiveness of this programme, the fifth programme, and I think that they were right to do so. They were right that there does need, as I keep on saying, to be more effective implementation and enforcement, and that traditional environmental legislation is not going to be adequate to reverse negative social and economic developments, in other words, if we need more integration. Now, that is basically what came out of that process and I think that is useful learning, but it does not take you too far. The Commission's Green Star appraisal system, which was put into operation after Maastricht, was aimed to integrate the environment into EU policies, but again it lacked leverage. I do also note that in 1997 the Commission adopted an action plan to integrate the environment into the Commission's administration, again an admirable thing to try and do, for example, in regard to purchasing policy for the goods and services it needed for its building policy. It made a report to the Cologne Council and it said that real progress had been made, but we have not seen the report and we have got no details, so I think there is movement in the undergrowth, but in terms of systematic and effective improvement, I do not think we are there yet.

  173. Who should be evaluating improvements in the Commission? We touched earlier, albeit slightly tongue in cheek, on the idea of a European Environmental Audit Committee, but should the Court of Auditors have a wider role in looking at the environmental impacts as well as their other responsibilities or the Inspectorate-General or the Financial Control Directorate? What is the Government's view about how the Commission should be overseen in that respect?
  (Mr Meacher) Well, the Commission in its various formations should of course be overseen by the ministerial councils, just as it is Ministers' responsibility to oversee what is done in their departments. I think that again is not exercised as systematically as it could be. Of course there is the rather important difference in the case of the EU, that responsibility for bringing forward policy lies with the Commission, and some people would say that it is true of the British Government as well, but in general that is not supposed to be the case. You mentioned the Court of Auditors. It is concerned with audit in a rather traditional sense, but the role does extend to ensuring economy and efficiency and effectiveness and it can submit observations on specific questions which are raised with it at any time by one of the Community institutions. Perhaps the best example, but it is now seven years old and it is a bit dated, is that it did publish in 1992 a special report on the environment in a response to a resolution of the European Parliament and we do think that that may have had some influence, some beneficial influence in inserting environmental considerations into the allocation of the Structural Funds, so again I do think that the Court of Auditors has some relevance and some value, but I do not think it answers your question and actually I accept that at the moment, if not a vacuum, there is an uncertainty with different players playing minor and rather unconnected roles.
  (Mr Brenton) The Commission is of course an independent EU institution with its own functions under the Treaty. Its proposals to the Council of course are amended and changed by the Council who have to respond to the wills of Member States. The Commission has quite a lot of autonomy in how it carries out its key Treaty roles of making legislative proposals and implementing policies. The body to which it is probably most politically responsive is the European Parliament, which has been rather little mentioned in the course of our discussion here this morning, but I worked in the European Commission for two and a half years and one thing that that brought home to me very forcefully is how very sensitive the Commissioners and their bureaucrats are to currents of opinion in the European Parliament.
  (Mr Meacher) Particularly after being sacked!
  (Mr Brenton) They have been more sensitive since then. It is not a full answer to your question, but to the extent that there is one body which can exercise an effective oversight function on the European Commission in this area is probably the European Parliament.

  174. It is interesting because it has been suggested that the Parliament, from recollection, should refuse to discuss policies which have not been screened for an environmental appraisal. Could one do the same for the Council of Ministers and say that the Council of Ministers should not be discussing matters which are brought before them by the Commission which are not accompanied by an environmental appraisal?
  (Mr Brenton) The Commission is, first of all, very conscious of the pressure they are under because of the failure of the Green Star scheme to come up with a more effective process of environmental evaluation of their legislative proposals and their implementing actions. I do not know what ideas they are going to come up with for Helsinki, but given the pressure they are under, we would hope that they will come up with a more substantial and effective system than has so far prevailed in the Community, and the sorts of checks and balances which you are suggesting may form part of it for all we know.
  (Mr Meacher) To return to your EAC idea, it is not a joke. I think it is a serious proposal and it is a matter for the European Parliament and again I think we will advance the excellent precedent which has been set in the UK. I also think it is very important that Mr Prodi has established the precedent that Commissioners should attend Parliament when they are requested to do so. It is astonishing that that has not been the case up to now. It is like Ministers skulking in their departments and engaging in written correspondence. As we all know, face-to-face presentations are very important and being subjected to detailed and lengthy cross-examination and I think exactly the same should apply to Commissioners as applies to Ministers here.

Chairman

  175. Just following on from that point, we have had some evidence from Anita Pollock who was the Labour MEP for London South-West and on the Environment Committee during her whole ten years in the European Parliament and she makes the point that the focus of the European Parliament is legislative, that there is actually very little means of bringing a Commissioner to Parliament, except in the rather extraordinary way where you have got to get the agreement of everyone else and it is quite difficult to do. Therefore, one thing she believes is that there is a democratic deficit in this respect at the moment and, therefore, what she thinks that Helsinki should do is to establish a mechanism whereby the Parliament can regularly, without undue effort, as it were, scrutinise progress on environmental matters and maybe, for example, there should be an annual report, as we have suggested to you, to the present Government in the UK so that the UK Parliament can look at it and see what progress has been made, and similarly for the European Parliament.
  (Mr Meacher) I very much support that. I think that is extremely sensible, and I hope that you may perhaps communicate what the European Parliament has suggested to them. It is of course absolutely a matter for them, but there is no doubt that they can and will exert increasing influence and their demand for particular procedures and presentations before them is something that I do not think can be resisted. It is simply for them to exercise it.

  176. But if the Helsinki Council Conclusions included something like an annual report or some kind of regular thing which Parliament could look at, it would be one step towards that.
  (Mr Meacher) I agree. I think that would be extremely helpful.

Joan Walley

  177. Just to follow that up, I think it would be useful perhaps for our Committee to consider a recommendation along those lines also to be included in what you put forward, but just going back to the idea of a parallel Environmental Audit Committee at the European level and given what you were saying about the lack of audit earlier on, I just wonder, if we are thinking about a model for a European Environmental Audit Committee of some kind, how that would link in with the European Environment Agency which I think is doing very useful and sterling work in actually looking at the whole issue of integration so that we have got some means of actual measurement as well.
  (Mr Meacher) I think they would have a very different function. The European Environment Agency is a research body. It is a resource. It prepares the bullets for others to fire if they so wish, for example, an EAC in Europe. I think they complement each other. They do not in any way overlap and, as you say, I do think the EEA is doing extremely good work, very systematic, very thorough and very clearly presented, and that does make it more high profile within the Community and I very much hope that the European Parliament will take it on board and press for progress in each of the areas where there is a deficiency now, which of course is exactly what I think Ministers in their various councils, particularly the Environment Council, ought to do. I have to say, when we discussed that report, it had a very big impact on Ministers in the Environment Council, so we intend to invite the EEA back on a regular basis to examine what has happened, what changes there have been and the adequacy of policies and to encourage them to come forward with the policies which they believe are necessary to address these issues.

Chairman

  178. Well, unless my colleagues have got any further questions, thank you very much indeed, Minister, and we wish you very satisfactory progress at Helsinki.
  (Mr Meacher) Thank you very much, and I look forward to appearing before the European EAC!





 
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