The government has said it welcomes the Office for Environmental Protection’s (OEP’s) report ‘A review of implementation of the duty to have due regard to the Environmental Principles Policy Statement (EPPS) in England’.
The OEP’s report, published in February, makes eight recommendations for how the government can build on progress already made to improve implementation of the duty.
The government said it recognises the importance of the EPPS duty as one of the cornerstones of the Environment Act 2021, and is strongly committed to building on the progress made to date, including through working collaboratively with the OEP.
Section 19 of the Environment Act 2021 places a legal duty on Ministers of the Crown to have ‘due regard’ to the environmental principles policy statement when making policy.
The duty came into force on 1 November 2023. The 5 principles are:
- integration
- prevention
- rectification at source
- polluter pays
- the precautionary principle
The eight recommendations in the OEP report include recommendations for the EPPS to be updated to drive consideration of how policies can contribute to government’s environmental commitments, for departmental guidance to provide greater clarity, and for cross-government guidance to more effectively reflect the duty.
The report also recommends greater transparency in how departments apply the EPPS, ongoing support for embedding of the duty in departmental cultures, including stronger leadership across government, and for the Defra-led review of the duty to consider its impact on policy decisions.
In its response summary, Defra said:
“While there is no statutory requirement for policy-specific information relating to the application of the EPPS duty to be published, the government remains committed to ensuring transparency on the environmental implications of policies and will consider the OEP’s views in relation to broader transparency of information on environmental impacts of policies. The Defra-led review will help to address the OEP’s recommendations, including to evaluate the impact of the duty and the extent to which the application of the duty has interacted with government’s wider environmental commitments.
“The government notes that the OEP recognised signs of the duty helping policymakers formalise consideration of the environment. We agree that successful embedding of the duty depends on a range of factors, including the skills of officials and engagement of senior leaders, which the government will continue to consider on an ongoing basis and through the Defra-led review.
“The government remains strongly committed to continued embedding of environmental considerations at the heart of policymaking through the EPPS duty and ongoing cooperation with the OEP. We recognise the role of the duty as a cornerstone of the Environment Act and in supporting the clean energy mission under the Plan for Change.”
Government’s full response to all eight recommendations can be read here.
