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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