1 INTRODUCTION
1. In order to improve our scrutiny of the Department
of Environment, Food and Rural Affairs (Defra), we decided to
undertake a new style of inquiry into Defra's implementation of
the European Union Environmental Liability Directive (ELD). We
announced that the written evidence received by the Committee
would provide the background information upon which to base a
single evidence session with the Minister. This form of inquiry
is designed to allow the Committee to examine additional areas
of Defra activity when time does not permit the traditional long
form of inquiry with a number of evidence sessions.
2. Our terms of reference were as follows:
What consultations Defra has had on the Directive
since it was adopted in 2004 and with whom, and whether Defra
has listened to consultees' views. Why Defra has taken so long
to consult formally on the ELD. Whether any important questions
were omitted from the formal consultation.
What discretion Member States have in the implementation
of the ELD, and the reasons for Defra seeking to apply the 'permit'
and 'state of knowledge' defences under Article 8 (4). Which other
Member States will be imposing strict liability to a wider range
of activities than is Defra, and which are applying a more sensitive
test of damage.
Why the Government is proposing to limit the
scope of the ELD to EU-protected biodiversity, and which SSSIs
would be affected.
What effect implementing the ELD in the manner
proposed by the Government is likely to have on its meeting the
2010 targets under the Biodiversity Action Plan and its PSA target
to bring 95% of nationally important wildlife sites into favourable
condition; and whether the ELD may take resources away from achieving
these targets.
The timescale for implementation of the Directive.
The capacity of organisations such as the Environment
Agency, Natural England and NGOs to take action under the Directive.
3. We are grateful to those who took the trouble
to send memoranda to us; the material we received was very useful
in preparing for our evidence session with Ian Pearson MP, the
then Minister of State for Climate Change and the Environment,
on 13 June. We also express our thanks to Sandy Luk, an environmental
consultant, who briefed us informally on the ELD.
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