Select Committee on Environment, Food and Rural Affairs Written Evidence


Memorandum submitted by the British Ecological Society (Appendix 22)

INTRODUCTION

  1.  The British Ecological Society is pleased to provide written evidence to the Environment, Food and Rural Affairs Committee's inquiry into the Draft Natural Environment and Rural Communities Bill. The British Ecological Society, founded in 1913, is an independent learned society with an international membership of over 4,000. Its primary objectives are to advance research in ecology, promote ecological education and provide science policy advice.

SUMMARY

  2.  The British Ecological Society believes that the draft Bill does differ significantly from the institutional arrangements proposed in the Government's Rural Strategy with respect to its independence.

  3.  The Society also believes that if the draft Bill is enacted that it will not adequately provide the Integrated Agency with the framework to:

    —  Build upon on existing scientific expertise.

    —  Resolve conflicts between conservation and the use of nature.

INDEPENDENCE

  4.  Rural Strategy 2004 stated that the Integrated Agency will be an independent statutory organisation. The draft Bill contains a number of clauses that would undermine the independence of the Integrated Agency if it were to be adopted.

  5.  Clause 15 allows the Secretary of State to give guidance as to the exercise of its functions. Procedural safeguards are needed to ensure the Secretary of State's "guidance" does not undermine the independence of the Integrated Agency.

  6.  Clause 16 gives the Secretary of State unlimited power in directing the Integrated Agency in relation to the exercise of its functions. Limitations on the Secretary of State's power of direction in relation to English Nature were provided for in S131(4) and S132(1) of the Environmental Protection Act 1990. To ensure the Integrated Agency's independence the final Bill needs to provide clear limitations on the Secretary of State's power of direction.

  7.  Schedule 1, Clauses 3 and 4 outline the proposed membership of the Agency. The Secretary of State is given unlimited power to set the number and composition of the Board. The Secretary of State is also given unlimited discretion in appointing members. To ensure the Integrated Agency's independence there needs to be a minimum and maximum number of members. Members should also be appointed with regard to their experience and knowledge of areas relevant to the Agency's general purpose.

SCIENTIFIC EXPERTISE

  8.  Rural Strategy 2004 stated the proposed Integrated Agency would build upon the scientific expertise of each organisation and create a stronger evidence-base for informing policy and delivery. The Society was, therefore, concerned that the draft Bill's policy statement did not convey the importance of scientific expertise in carrying out its general purpose and that its advice and actions should be based on the best available evidence.

  9.  The Society strongly welcomes Clauses 3 and 4, which requires the Integrated Agency to keep under review and the power to undertake or commission research on all matters relating to its general purpose.

  10.  The final Bill should also give the Integrated Agency powers to carry out surveying and monitoring. The Integrated Agency should be required in the final Bill to produce regular statements on the quantity and quality of natural resources it is responsible for and provide an account of factors driving its change.

  11.  The final Bill should also include provisions for establishing an independent Scientific Advisory Committee to provide advice on scientific matters, review the quality of its research and contribute specialist knowledge on the wide range of issues that it will face.

CONFLICT BETWEEN CONSERVATION AND THE USE OF NATURE

  12.  Rural Strategy 2004 stated the Integrated Agency will provide a clear framework for resolving potential conflicts between conservation and the use of the natural environment. The Society is concerned that the general purposes in Clause 2(2) might at times come into conflict with the general purpose in 2(1).

  13.  It is possible that "enjoyment of nature" in clause 2(2)(c), "open air recreation" in clause 2(2)(d), and "contribute in other ways to social and economic well-being through the management of the natural environment" in clause 2(2)(e) may encourage forms of recreation and activities which would not be consistent with the conservation of the natural environment in the Agency's general purpose 2(1). The Society encourages the definitions of these clauses to be more clearly defined to ensure that the Agency can be a clear champion for protecting the natural environment.

British Ecological Survey

February 2005





 
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