Memorandum submitted by Wildlife and Countryside
Link (Appendix 24)
1. Wildlife and Countryside Link (Link)
brings together voluntary organisations concerned with the conservation
and protection of wildlife and the countryside. Our members practise
and advocate environmentally sensitive land management and food
production and encourage respect for and enjoyment of natural
landscapes and features, the historic environment and biodiversity.
Taken together, our members have the support of seven million
people in the UK and manage over 398,000 hectares of land.
This statement is supported by:
— Bat Conservation Trust;
— British Mountaineering Council;
— Buglife—The Invertebrate Conservation
Trust;
— Butterfly Conservation;
— Council for British Archaeology;
— Council for National Parks;
— Campaign to Protect Rural England;
— The Herpetological Conservation Trust;
— National Federation of Biological
Recording;
— Plantlife International;
— Ponds Conservation Trust;
— Royal Society for the Protection
of Birds;
— Zoological Society of London.
2. Link welcomes the publication of the
Draft Natural Environment and Rural Communities Bill. Wildlife
and Countryside Link's interest in the Government's Modernising
Rural Delivery process is in the strengthening and renewal of
both policy and delivery, bringing about real improvements in
achieving environmental enhancement, public engagement and leadership.
In particular, Link supports the establishment of the Integrated
Agency as a powerful champion for our natural environment, recognising
the importance of the need for the Agency to provide the Government
with independent policy advice.
3. Link has identified a number of concerns
in the Draft Bill that we believe may prevent the Government from
implementing its proposals in an effective way. These are outlined
in this written submission.
4. The Integrated Agency's general purpose
Link members have identified a number of concerns
with specific issues within the Integrated Agency's purpose:
4.1 Landscape protection: the wording
of the Agency's general purpose clause 2(2)(b) should be amended
to afford a duty of protection to the landscape. We consider this
is required to ensure that the current statutory duties of the
Countryside Agency to "preserve the natural beauty in England"
will be transferred to the new Agency. Landscapes in England are
richly diverse and represent long term interactions between natural
and human factors. This diversity and cultural heritage is of
great value and the Integrated Agency should be responsible for
protecting as well as enhancing it. This amendment should also
ensure more integrated delivery of landscape and wildlife responsibilities,
which are inter-dependent.
4.2 Open air recreation: The wide
definitions of "enjoyment of nature" in clause 2(2)(c),
and "open air recreation" in clause 2(2)(d), may encourage
inappropriate forms of recreation which would not be consistent
with the conservation of the natural environment specified in
the Agency's general purpose. Link would encourage the definitions
of these phrases to be more clearly defined and restricted to
those activities which promote quiet enjoyment.
4.3 Social and economic well being:
Clause 2(2)(e) may be interpreted to cause the Agency to engage
in, support or promote activities that are harmful to the natural
environment, thus conflicting with the Agency's general purpose
as outlined in clause 2(1). The policy statement states that the
Agency should ". . . work with best intent to ensure that,
in pursuing environmental objectives, it actively seeks to generate
long term social and economic benefits alongside sustainable environmental
gains . . ." (paragraph 23, policy statement). Link believes
that the Agency should ensure that it does not engage in any activity
that may lead to damage in the quality of the natural environment.
Link would like to see this addressed as we believe the clause
as currently outlined in 2(2)(e) may encourage a conflict of interest
within the Agency's general purpose. The Integrated Agency should
only contribute to social and economic well-being in ways which
support the protection and enhancement of the natural environment.
5. Research function
Link is encouraged that research will be an
important component of the Agency's functions, but is concerned
that the research function of the Agency is currently defined
too narrowly to enable the Agency to fulfil its purpose. We therefore
suggest that this be broadened to include "survey and monitoring"
in clause 4(a) and 4(b) to read "research, survey and monitoring"
in each clause. By inserting these words it will ensure that the
Agency retains English Nature's role in the gathering, management
and dissemination of information.
6. Integrated agency & powers of the
Secretary of State
Given the Agency's status as an independent
body there may be times when the advice given by the Agency is
at odds with the Government position. The Draft Bill currently
contains a number of areas which Link believes require amendment
in order to enable the Government to ensure the independence of
the new agency.
6.1 Membership: Schedule 1, clauses
3 and 4 outline the proposed membership of the Agency. Link is
concerned that these clauses contain no reference to the size
of membership, with neither an upper or lower limit set.
6.2 Composition of the Board: The
unlimited ability of the Secretary of State to alter the composition
of the board of the Agency may compromise the Agency's independence.
Link recommends that a majority of Board members should have experience
and knowledge relevant to the purposes of the Agency.
6.3 Guidance: Clause 15 provides
no limit on guidance the Secretary of State may provide as to
the exercise of its functions.
6.4 Directions: Limitations on the
Secretary of State's power of direction in relation to English
Nature contained in S131(4) and S132(1) of the Environmental Protection
Act 1990, have not been carried forward in the Bill, with clause
16 providing no limit on the powers of direction the Secretary
of State has in relation to the exercise of its functions.
Wildlife and Countryside Link
February 2005
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