Select Committee on Environment, Food and Rural Affairs Fourth Report


4 Issues for Government

Resources

Specialist skills

28. During our inquiry into the Future of Waste Management we were told that Defra staff in particular were over-stretched, and that the Department lacked the skilled, expert staff needed to deal with complex European waste legislation.[49] The then Minister agreed that it was a matter of concern, but said that steps were being taken to address the problem. We are therefore particularly concerned that several of our witnesses to this inquiry again raised the matter. For example, Biffa told us that there was a "substantial skills gap within the Department", and that Defra's "economic skills appear limited".[50]

29. A particular question is whether specialist legal staff are over-stretched. The British Metals Recycling Association claimed that "there have been a number of occasions during the development of the ELV Directive when papers have been held up due to [a] lack of legal advisors in Defra, without which the drafts could not be released".[51] The Minister for Environment refuted the claim.[52] Nevertheless, we recommend that Defra re-examine the workload placed on its specialist staff, including its lawyers, to ensure that they are not being asked to do too much, and that they are thus able to act efficiently and effectively.

30. Before embarking on the negotiation of Directives such as the ELV and WEEE Directives the Departments involved should review whether they have available the specialist skills and other resources needed to do so effectively. The Government should not agree to this sort of European legislation without a clear understanding of all of its ramifications.

Understanding the sector

31. The British Retail Consortium raised a specific point. It complained about the "apparent lack of industry experience amongst officials", urging "Government departments to draw on the advice of a range of experts from outside Government at the earliest opportunity".[53] In doing so it echoed the comments of the Better Regulation Taskforce.[54] We strongly recommend that Defra (and other Government Departments such as the Department of Trade and Industry) take steps to develop its understanding of the waste and recycling sector. We urge it to institute a programme of seconding outside experts into the Department to help with the negotiation and implementation of European legislation, and a programme of seconding officials out to work for short periods in the waste and recycling industry.

Engagement in negotiations

32. A related point was made by the Environment Agency. It said that it would "welcome the opportunity, in a structured way, to become more directly involved in the negotiation of key Directives".[55] After all, much of the practical work in overseeing the operation of environmental Directives ends up with the Agency, so its engagement in their negotiation would have considerable benefits. Once again, this was a point made by the Better Regulation Taskforce.[56] We reiterate the recommendation made by the Better Regulation Taskforce that the Environment Agency should be directly involved at an early stage in the negotiation of European environmental legislation. We further recommend that the Government consider involving others, such as representatives of the waste and recycling industry, also at an early stage in the process.

Project management

33. One of the particular difficulties of the ELV and WEEE Directives is that the Department of Trade and Industry, Defra and the Environment Agency (as well as the DVLA in the case of the ELV Directive) all have a role to play in the implementation process. Several of our witnesses commented on the confusion and lack of clarity that had resulted. For example, the British Retail Consortium reported a "lack of any clear division of responsibilities between the Department of Trade and Industry and Defra. This confusion has led to unclear channels of communication for stakeholders and often misleading guidance in preparation for implementation".[57] The Better Regulation Taskforce reached a similar conclusion.[58]

34. Our witnesses tended to support the recommendation of the Better Regulation Taskforce that what was needed was a project management approach in which it was clear which Department had been appointed as 'leader', and it then set out a timetable against which progress could be measured. Some drew a contrast between the ELV Directive, where such an approach had not been adopted, and the WEEE Directive, where - to an extent - it had.[59] We support the recommendations of the Better Regulation Taskforce, and urge the Government to ensure (a) that a clear 'lead' Department is designated for each piece of environmental legislation, and (b) that a project management approach to the implementation of legislation is adopted. Doing so would go some way to avoiding a repeat of the confusion and lack of clarity which has afflicted the stakeholders of these two Directives.


49   The Future of Waste Management, HC (2002-03) 385-I, para.31 Back

50   Ev 27,para.IV(i) and (iv) Back

51   Ev 58, para.10 Back

52   Q318 Back

53   Ev 15, para.1.3 Back

54   Better Regulation Taskforce (2003) Environmental Regulation: Getting the message across, July 2003, p.6, recommendation 2 Back

55   Ev 47, Summary Back

56   Better Regulation Taskforce (2003) Environmental Regulation: Getting the message across, July 2003, p.17  Back

57   Ev 15, para.1.2 Back

58   Better Regulation Taskforce (2003) Environmental Regulation: Getting the message across, July 2003, p.20 Back

59   see Ev 48, para.4.2 Back


 
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