As the Environment Bill starts Report stage in the House of Lords today, I am making this statement on the actions taken and commitments made to establish the Office for Environmental Protection (OEP) as an independent body, given the significant interest from Members of both Houses.
This Government were elected on a manifesto that committed to setting up a new independent environmental body in the OEP, which will help ensure that our high environmental standards are upheld.
OEP independence
The Environment Bill includes several provisions to enshrine the OEP’s independence in law. These include a specific duty on the Secretary of State when exercising his or her functions to have regard to the need to protect the OEP’s independence.
The Bill also states that the OEP must prepare its own strategy that sets out how it intends to exercise its functions. The OEP is required to lay this strategy before Parliament to allow for proper scrutiny and transparency. The Bill also requires the OEP to act objectively and impartially. In addition to the protections that the Bill provides, the Government have made several commitments to ensure the OEP’s operational independence.
OEP appointments
The Office for Environmental Protection will be included in the schedule to the Public Appointments Order in Council and non-executive members will be independently regulated by Her Majesty’s Commissioner for Public Appointments. The Bill also requires that the OEP Chair be consulted on all non-executive appointments.
The Equality and Human Rights Commission took a similar approach as its board members are appointed by Ministers. The Commission has had an “A” rating as a national human rights institution from the United Nations since 2009, based partly on its independence and autonomy from Government.
The appointments of the OEP chair designate and non-executive members designate have already been made, following a regulated public appointments process, which will also be followed for future appointments.
The Government took the necessary steps to ensure that the role of chair was listed as a significant appointment with the Commissioner for Public Appointments, providing an added level of scrutiny and independence in the recruitment process. The Environment, Food and Rural Affairs and Environmental Audit Committees conducted a pre-appointment scrutiny hearing before the appointment of Dame Glenys Stacey as OEP chair designate. I am happy to confirm our intention that future chair appointments should follow a similar process, ensuring fairness, accountability and independence in the future.