Policy making framework and regulatory reform
Why do we need a framework?
This framework details how government will develop future policy on wildlife management. Its purpose is to set out the context within which we will make decisions where there is a conflict between human and wildlife interests. It also sets out the key principles that will underpin our approach; and the process we will go through before making a decision on a course of action. We have never had a document that sets out the overarching principles that apply to our policy making on wildlife management. By putting one in place the aim is that future policy will be developed in a consistent and transparent way.
Our research into public attitudes on Wildlife Management (PDF 685 KB) revealed broad support among the general public for wildlife to be managed for a range of reasons. However, it also showed they needed greater evidence to be convinced of the seriousness of issues before action was taken. This policy framework sets out in a clear way the policy making process, including how evidence and advice will be used to inform decisions. We will also develop a communications strategy to make sure decisions are better communicated more widely.
What does the policy making framework cover and who will use it?
This document focuses on the aspects of wildlife management that are not the subject of other strategies and initiatives. However it is important for it to seen as complementary to other measures which contribute to the broader definition of wildlife management eg the biodiversity duty placed on public bodies, agri-environment and other incentive schemes, the England Biodiversity Strategy and Natural England’s framework for delivering priority habitats and species in England.
As well as Defra and its delivery bodies it will be of interest to any organisation or individual with an interest in how policy is made. It is not intended to assist those managing wildlife on a daily basis by giving any practical species specific management advice. However, it will provide a much better understanding of the reasons behind various courses of action as well as a knowledge that decisions will have been made against a backdrop of a rigorous evidence based decision making process that has the protection of species and the value of biodiversity at its core.
What about the existing legislative framework?
The existing legislative framework which regulates the protection, exploitation and control of wildlife has evolved through a process of haphazard accumulation over the last 200 years. There is little logical, and still less structural, coherence in this framework of mostly dificult to change Acts. Its complexity and inflexibility has lead to unnecessary regulatory burden and encourages poor compliance.
The Law Commission held a consultation on its 11th Programme of Law Reform last year. Defra submitted wildlife law as an area that would benefit from reform. The Law Commission announced its 11th programme of work on 19 July 2011. This includes reform of wildlife law as part of that programme
The Commission’s overarching aim is to make the law work better for all concerned with wildlife. This includes ensuring that the statutory framework for wildlife management can facilitate the policy decisions of Government and allow for the appropriate balancing of human and animal interests. They aim to publish provisional proposals for reform in June 2012. This will be followed by a three month public consultation. They will then report its conclusions on law reform in this area to Defra in February 2013.
Background
The current suite of legislation, strategies and initiatives which apply to the management of wildlife has developed over the last two centuries reflecting the changing aims and objectives of Defra’s predecessor departments. Furthermore, this piecemeal approach fails to reflect the integrated approach to biodiversity now embraced by Defra. The need for a new way of formulating wildlife management policy which is more transparent and consistent with our biodiversity obligations was identified in 2007.
The new Policy Making Framework, previously known as the Wildlife Management Strategy, has been created following a public consultation on the principles that would underpin a wildlife management strategy in 2008. A summary of responses was published on 18 December 2008. The framework is very much forward looking and is not intended to review current legislative instruments, strategies and initiatives (this is being dealt with separately as explained above). In developing the document, it became clear changing the name would clarify its purpose.
The policy making framework document (PDF 485 KB) was published on 26 February 2010.