Supplementary memorandum submitted by
English Nature (Appendix 5a)
1.The Select Committee requested further information
fro million English Nature on three separate issues at the oral
evidence hearing on 2 March—the apportioning of Rural Development
Service (RDS) functions, potential financial savings, and safeguards
on Ministerial guidance/direction; these are set out below.
2.Additionally, English Nature would like to endorse
the suggestion, which arose in discussion between the Select Committee
and representatives from the voluntary conservation organisations,
that explicit reference to the marine environment may be helpful
when describing the remit of the Integrated Agency. A clear recognition
that the functions of the Integrated Agency will extend across
land and sea would be helpful.
APPORTIONING OF
RDS FUNCTIONS
3.There are nearly 40 functions or schemes that are
currently delivered by the Rural Development Service, some delivered
by the England Rural Development Programme (ERDP) some not. It
has become generally accepted, and English Nature continue to
support, that "environmental" schemes should go to the
new Integrated Agency, whilst "socio-economic" schemes
should go to the Regional Development Agencies.
4.The most appropriate location for the other RDS
schemes and functions has not yet been agreed although there is
a process underway, as part of the Modernising Rural Delivery
Programme, for the main stakeholders to discuss these issues.
To meet the request from the Select Committee, and in advance
of but without prejudice to, this discussion, English Nature offers
Table 1 (Annex A below). This summarises the schemes, their funding
derivation and our opinion on the most appropriate location for
the schemes in the new delivery landscape after enactment of the
NERC Bill.
FINANCIAL EFFICIENCY
SAVINGS
5.There are clear opportunities for efficiency savings
to be gained from the merger of English Nature, much of RDS and
the Landscape, Access and Recreation Divisions of Countryside
Agency. We have agreed collectively to targets of £1 million
in 2005-06, £3 million in 2006-07 and £6.5 million in
2007-08. Some of the detail remains to be worked through but it
is already evident that compared with the current costs of the
existing bodies savings can be made in the areas of management,
transactional aspects of corporate services, estates rationalisation
and through integrated approaches to operational delivery.
6.The organisational structure design is expected
to result in a reduction in the number of senior and middle managers
compared with current staffing levels. Merger of corporate service
functions provides scope for cost reductions as well as savings
expected from other back office efficiency gains. A detailed estates
strategy is being developed but in advance of the specific plan
it is clear there is surplus capacity within the office estate
and scope for more efficient use of space which will deliver efficiency
savings. On this basis we are confident that the agreed efficiency
targets are demanding but achievable.
IA INDEPENDENCE—COUNCIL
NUMBERS, AND
MINISTERIAL INSTRUCTION
7.In the written and oral evidence English Nature
(and others) noted the potential dangers that might result from
an undermining, or perceived undermining, of the independence
of the Integrated Agency. This might arise both from changes to
Council constitution and also via clauses 15 and 16 of the existing
draft Bill, which give the Secretary of State broad powers to
issue "guidance" and "direction".
8.We welcome the comments from Defra to the Select
Committee that they would be open to reconsider the issue of minima
and maxima for Council members, and believe this model (which
applies both to English Nature's existing Council and to the Environment
Agency) is better suited to large NDPBs than the completely open
scenario currently proposed in the draft Bill.
9.With respect to "guidance" and "direction",
English Nature understands the Department's wish for flexible
future delivery and therefore we offer the following suggestions
for inclusion in the Bill, which are both consistent with existing
organisational precedents (particularly with respect to the Environment
Agency) and which safeguard independence without compromising
Governmental flexibility. These measures would complement the
existing safeguard that any such Ministerial influence be made
public.
10.Firstly, both "direction" and "guidance"
should be made after consultation with the Integrated Agency.
Secondly, the effect of both should be clarified in statute—we
believe the Integrated Agency should "have regard to"
Ministerial guidance, but should "comply" with Ministerial
direction. Further, it should be made clear that Ministerial direction
will normally only be appropriate where the Integrated Agency
has failed to deliver agreed functions or have proper regard to
either Government Policy or Ministerial guidance.
English Nature
March 2005
Annex A
Table 1
SHOWING THE RANGE OF (EXISTING) RDS SCHEMES
AND FUNCTIONS, AND ENGLISH NATURE'S PRELIMINARY OPINION ON THE
MOST APPROPRIATE FUTURE LOCATION
| Scheme | Future location
|
RDS ERDP (Land Based Scheme) Functions
Energy Crops Scheme (ECS)
| IA |
| Countryside Stewardship (CS) and Environmentally Sensitive Areas (ESA)
| IA |
| Arable Stewardship Scheme (ASS) | IA
|
| Organic Farming Scheme (OFS) | IA
|
| Farm Woodland Premium Scheme (FWPS) | FC
|
| Environmental Stewardship (ES) | IA
|
RDS ERDP (Project Based Scheme) Functions
Rural Enterprise Scheme (RES)
| RDAs |
| Processing & Marketing Grants Scheme (PMG)
| RDAs |
| Vocational training scheme (VTS) | RDAs
|
RDS Wildlife Functions
Advice to Government
| IA |
| Licensing [should encompass game licensing?]
| IA |
| Investigation & Enforcement [wildlife poisoning]
| IA |
| Disease contingency [Includes livestock disease, quarantine, etc.]
| SVS? |
RDS Non-ERDP Functions
Agric. Dwelling House Adv. Comm. (ADHAC)
| Defra/RPA? |
| Agricultural Land Tribunals (ALT) | Defra/RPA?
|
| Agricultural Wages Committee | Defra/RPA?
|
| Agricultural Land Classification (ALC) |
IA |
| Compulsory Purchase | Defra/RPA?
|
| Dairy Hygiene Inspectorate (DHI) | FSA/SVS?
|
| Environmental Impact Assessment (EIA) | IA
|
| Farm Waste Grant (NVZs) Scheme | EA?
|
| Habitat Scheme | IA |
| Flood and defence mapping | EA
|
| Geographical Information | IA
|
| Grazing Management | IA |
| Heather and grass burning licences | IA
|
| Weeds | IA or LPAs? |
| Minerals and Waste Planning | IA
|
| Planning | IA |
| Rural Support | RDAs/CRC? |
| Structural Funds: LEADER+ & LEADER2 |
RDAs |
| Structural Funds: Objective 1 & Objective 5b
| RDAs |
| Technical advice to Government and partners.
| IA |
| University and Colleges Estates | IA
|
| Technical Advice within RDS (TAU) | IA
|
| Farm Advice | IA |
| Organisational acronyms | |
IA | Integrated Agency
| RDS | Rural Development Service
|
| EA | Environment Agency |
CRC | Commission for Rural Communities
|
| TAU | Technical Advisory Unit
| FC | Forestry Commission |
| RDA | Regional Development Agency
| LPAs | Local Planning Authorities
|
| SVS | State Veterinary Service
| FSA | Food Standards Agency
|
English Nature
March 2005
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