Examination of Witnesses (Questions 500-504)
2 MARCH 2005
SIR MARTIN
DOUGHTY, DR
ANDY BROWN
AND DR
TOM TEW
Q500 Chairman: The quicker
you can make the change happen the better because there is a cost
in delay, is there not?
Sir Martin Doughty:
And there is momentum.
Q501 Mr Jack: Just a quick
question about section 11, which is powers to raise money in respect
of the issuance of licences. What are these licences for?
Dr Tew: At the
moment English Nature has a variety of licensing functions, European
protected species and so on and we do not charge for that service.
The RDS has a wider variety of licensing functions and I do not
know whether they charge or not.
Q502 Mr Jack: So this
is a carry through power more like in relation to the RDS?
Dr Tew: Yes. It
is a power to charge if appropriate. It is not saying you have
to charge.
Dr Brown: I think
that is right. It is giving the option that if there is a need
for cost recovery then you have got the legislative powers to
do it.
Q503 Mr Jack: You also
express some concern about the powers to bring criminal proceedings
in section 12. Would you like to expand a little bit more on why
you are worried about that?
Dr Tew: As we say
in the evidence, the issue there is about potential widening of
the prosecutory authority role. At the moment English Nature is
very comfortable with its balance as an incentiviser and encourager
and adviser and we see a distinction between us and the Environment
Agency which has largely a regulatory role. We have some prosecutory
powers and those are perfectly adequate at the moment. We do not
prosecute under Part I, we do not caution people and we do not
get involved in sending people to jail because it is the police's
job to do that.
Q504 Mr Jack: In paragraph
11 of your evidence you register a concern that you think more
responsibilities vis-a"-vis prosecution would be coming
in the direction of the Integrated Agency, which would, in the
light of your wider functions, make you feel uncomfortable. Have
you had sight of that?
Dr Tew: We do not
know that it will. We are worried that it leaves that option.
Chairman: Martin and colleagues,
thank you all very much.
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