You are here:

Fairer and better environmental enforcement project

The Fairer and Better Environmental Enforcement Project has been working with regulators and other interested people and organisations with the aim of developing proposals for a more transparent, proportionate, consistent and effective enforcement in England and Wales.

Consultation

A public consultation took place from 21 July to 14 October 2009 seeking views on Government proposals to introduce the Regulatory Enforcement and Sanctions (RES) Act civil sanctions for existing environmental offences in England and Wales.  

Civil sanctions include enforcement notices requiring compliance, or restoration of harm; and fixed or variable monetary penalties.  Regulators would be able for the first time to accept a voluntary commitment from a business to remedy non-compliance, in place of other sanctions.

Civil sanctions provide an alternative to criminal prosecution in suitable cases, typically where non-compliance occurs despite a good general approach to compliance. Civil sanctions would enable regulators to more fairly recognise the efforts the majority of businesses make to comply.

The worst cases will be brought before the criminal courts.  A criminal conviction for an environmental offence would then carry a greater stigma and more deterrent effect, strengthening incentives to comply with the law.

Following careful analysis of the 84 responses to the 2009 public consultation, the Government has published a response to consultees’ views.

Overall, respondents supported the Government’s proposals for the introduction of civil sanctions.

The consultation document also included initial proposals to strengthen the powers of criminal courts in sentencing the worst environmental offenders, which respondents also generally supported. A further consultation will set out more detailed proposals.

Page last modified: 8 February 2010