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
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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 Once draft guidance has been prepared, it is normally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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