02-06-2025
'Flaws' in Welsh Government plans for new environmental law 'must be corrected'
Plans to introduce a new independent body to monitor the Welsh Government's compliance with environmental laws need to be rethought, according to campaigners.
The Green Alliance, an organisation that campaigns for more political action on climate change, said it largely welcomed the Welsh Government's draft Environment Bill as a "major milestone" but "flaws in the bill must be corrected".
If the law is passed, it would require Welsh ministers to consider environmental impact more thoroughly when making policy and see a body established to monitor, report, and enforce environmental law compliance from Welsh Government and public authorities.
It would also introduce a biodiversity target setting framework, which includes requirements to evaluate, monitor and report on progress.
Huw Irranca-Davies MS, Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, said his government's plans represent a "significant step forward" in their efforts to protect the environment.
The Environment Bill is described by Welsh Government as enshrining environmental protection within all areas of policy-making. Natural Resources Wales and Senedd ministers would need to think about prevention, a precautionary approach and that "the polluter pays" principle, when making policy that impacts the environment.
Other key parts of the Bill include:
The establishment of the Office of Environmental Governance Wales, ('the OEGW') - a statutory body that will provide strategic oversight of environmental law. It will monitor, report, and enforce environmental law compliance.
A biodiversity target setting framework that includes requirements to evaluate, monitor and report on progress. Welsh Ministers will be required to lay draft regulations before the Senedd that set targets that focus on reducing the risk of extinction of native species; the effective management of ecosystems; reducing pollution; and the quality of evidence to inform decisions relating to biodiversity, access to that evidence and its use and application.
Welsh Ministers must take steps to promote awareness of the importance of biodiversity and the threats it faces.
The Deputy First Minister said the bill signifies a commitment to protect the environment for future generations.
The Bill has been mostly welcomed by environmental charities and groups. The RSPB said it was "delighted" the Bill had "finally" been laid out but it would like to see the legislation go even further to address the nature emergency.
That is a sentiment echoed by the Green Alliance, who have raised questions over how the independence of the OEGW will be protected.
The Green Alliance claimed: "At present, there is no provision in the bill to safeguard the body's independence or financial security, as there is in English and Scottish legislation.
"The Welsh Government is also proposing to require the OEGW to cede power on its enforcement decisions to a panel which will include people appointed by Welsh Ministers. This would undermine the body's governance and must be removed from the final version of the bill.
"No information has yet been provided on the timetable for setting up the new body or the transition from the non-statutory Interim Environmental Protection Assessor for Wales."
Ruth Chambers, senior fellow at the organisation said the Welsh Government has "swerved the issue" of the new body's independence.
She added that instead of ensuring independence, it instead holds "direct government control over its board appointments, budgets and enforcement decisions. Equivalent bodies in the rest of the UK are independent".
"Wales should rethink now if it really wants a body with teeth that can do its job properly," she said.
The Green Alliance also criticised the planned biodiversity target framework as not urgent enough, "with the first targets not due until three years after the bill has passed".
The Environment Bill will be introduced to the Senedd on Monday 2 June, with the Climate Change Secretary making a further statement on the plans in the chamber on Tuesday 3 June.
