Select Committee on Environment, Transport and Regional Affairs Appendices to the Minutes of Evidence


Supplementary Memorandum by the Environment Agency (EA 62(d))

  Thank you for your letter of 17 February 2000. I hope that this additional information will clarify the issue of "draft policy guidance" raised in the oral and written evidence to the committee.
EA29, Robert Long Consultancy, paragraph 3.6, page 65 of the printed volume of evidence HC829

EA54, Cleanaway Ltd, section headed Lack of transparent policy, first paragraph page 113

  The comments from Robert Long Consultancy and Cleanaway Ltd refer to waste related technical guidance issued by the Agency.

  When the Environment Agency was formed in 1996, there were no "national" policies or guidance in respect of waste other than that issued by Secretaries of State. Before the Agency was formed waste regulation was carried out by 83 different waste regulation authorities. The Agency has developed a range of national policies, procedures and technical guidance, the status of which is as follows:

Policy

  Policy as it is being developed is normally discussed with industry. For example the current range of transfrontier shipment of waste policies are being discussed with an industry forum which includes, amongst others, the Environmental Services Association. Such policy should not be used until it has been formally approved by the Agency. However, where the "new" policy is seen to be advantageous by industry, attempts are often made by companies to encourage local Agency staff to use it rather than the existing documentation.

  Once policy has been approved it is available internally and externally and is distributed to the relevant trade associations. In addition, where appropriate, it is sent to all relevant licence holders, as was the case with the new policy on the surrender of site licences.

Procedures/Process Handbooks

  These are produced primarily for internal use and are controlled documents but, in the interests of transparency, are made available to persons outside the Agency and contain a statement to this effect. Where external guidance is needed on a process, it is normally produced as a separate document designed for its intended audience.

Technical Guidance

  This is increasingly being developed in consultation with industry. Once draft guidance has been prepared, it is normally issued for external consultation and carries on it a statement of its status.

  The Agency received one formal enquiry about the availability of a specific piece of guidance from Cleanaway. Dr Leinster responded to this enquiry in a letter of 14 January 1999, a copy of which is attached[2].

EA33, RJB MINING, END OF SECTION 2, PAGE 75

(PARAGRAPH BEGINNING "AGAIN TWO KEY INTERNAL EA DOCUMENTS. . .")

  The specific issue raised by RJB concerns ". . . two key internal EA documents . . . (which) were not available. . .". The two documents referred to were Research and Development reports, entitled "Assessment of Sulphur Abatement Costs for the Electricity Supply Industry in England and Wales" and "Assessment of the Critical Load Impacts from the Electricity Supply Industry in England and Wales". The work for these reports was undertaken within a short period of time, to inform the consultation paper on the review of coal and oil-fired power stations. Rather than delay the publication of the consultation document, the Agency decided to prepare the final Research and Development reports in parallel with the consultation period. A copy of the Sulphur Cost report was sent to RJB Mining on 13 May 1999 and the Critical Load Report on 26 May 1999. In order to give RJB sufficient time to consider the reports and provide their comments to the Agency, the consultation period was extended into June. To this end, the Agency did everything possible to ensure the reports, once complete, were available to RJB. The reports were not draft policy but were supplementary information that would inform the debate on the consultation document.

Questions 152-153 of oral evidence, from the Environmental Services Association

  During oral evidence the Environmental Services Association raised the issue that ". . . the enforcement and prosecution policy was in existence and was being used by Agency staff for between seven and eight months before it was made available to industry".

  Extensive internal and external consultation on the Agency's Enforcement and Prosecution Policy was carried out between April and June 1998, with Ministerial approval being given on 13 October 1998. The policy was adopted on 1 November 1998 and was made public through a press release of its contents on 7 December 1998. It was also made available on the internet from that same date.

  Whilst the policy was being developed, the Agency was also developing detailed Functional Guidance on how the policy should be applied to the various activities of the Agency. The Functional Guidance was thoroughly evaluated during extensive staff training sessions which took place at the end of 1998 and beginning of 1999. There then followed a trial period of use to identify any problems and to ensure consistent application of the Guidance across the whole of the Agency. Following further improvements identified during the trial the Guidance was finalised and made public via the internet and in hard copy on 30 September 1999. Both the prosecution and enforcement policy and the methods of application are therefore fully available to the public.

  The Functional Guidance is of course subject to periodic review for effectiveness and to incorporate and add new aspects of the Agency's work, for example, New Duties. Although most enforcement agencies do not offer specific guidelines on their enforcement and prosecution policy, the Agency believes that by publicising this information it can improve the service given to its customers.

  The Agency values the input of companies such as the members of the Environmental Services Association in the development of policy and I will ensure that our consultation procedures meet the concerns expressed.

Ed Gallagher

Chief Executive

March 2000


2   Ev. not printed. Back


 
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