Enforcement
At home and at work we all value the environment. It is where we live, where we work and it provides us with valuable goods and services. It is important that we protect and enhance this valuable resource not only for ourselves but for also future generations.
Many aspects of the environment are protected by laws passed by Parliament. Many individuals and businesses comply with these laws. Non-compliance with the law can undermine law-abiding businesses, put at risk or actually harm the environment, and spoil our quality of life. Those who do not comply may be subject to enforcement by a range of regulators.
Fairer and Better Environmental Enforcement Project
The Fairer and Better Environmental Enforcement Project is exploring the possibilities for achieving more transparent, proportionate, consistent and effective enforcement through new regulator-imposed civil sanctions and strengthened criminal sentencing. At present, no decisions have been taken to introduce such measures – any proposals that might emerge would be the subject of public consultation.
Key aims of the project are that enforcement should be more effective at ensuring compliance; better at protecting the environment; and better at levelling the playing field for those who comply with the law.
The project aims to build on the 2006 recommendations of Professor Richard Macrory’s report on regulatory sanctions generally, and the conclusions of the government’s Review of Enforcement in Environmental Regulation.
- Professor Richard Macrory's report (BERR website)
- Government’s Review of Enforcement in Environmental Regulation
More proportionate sanctions
Part 3 of the Regulatory, Enforcement and Sanctions (RES) Act 2008 enables a range of civil sanctions to be introduced by secondary legislation. The project is exploring the potential for environmental regulators to have access these additional civil sanctions as part of a more flexible, proportionate and effective enforcement system in which sanctions more closely reflect the seriousness of non-compliance.
- Regulatory, Enforcement and Sanctions (RES) Act 2008 (BERR website)
Using civil sanctions could provide regulators with the means to make a fairer distinction between responsible operators and those who pay little regard to protecting the environment. Criminals would still be prosecuted - a criminal conviction for an environmental offence should carry a greater stigma and more deterrent effect if instances of non-compliance by more responsible operators could be taken out of the criminal system.
The RES Act allows consideration to be given to introducing the following civil sanctions for regulators to use:
The project will carefully consider the costs and benefits of introducing some or all of these sanctions in the area of environment.
More effective criminal sanctions
The criminal courts would continue to play a vital part in helping to punish the worst environmental offending and to deter non-compliance. The project will consider how to ensure that the following elements are seen to be addressed proportionately in criminal sanctions in environmental cases:
- removing any financial benefit from non–compliance
- restoring environmental damage
- making amends to local communities adversely affected by environmental offending
- punishing blameworthy behaviour.
The project will consider whether the courts have the necessary powers to do this.
Page last modified:
6 November 2008
Page published: 22 December 2005