The new Office for Office for Environmental Protection (OEP) will formally start work week when Parliament takes the steps needed for the establishment of its full powers and functions from Monday 24 January.

Speaking at the Westminster Energy, Environment and Transport Forum Policy Conference this week Dame Glenys Stacey, Chair of the OEP said that the new body would publish its draft strategy on 25 January and launch an eight-week consultation on its proposals. The draft strategy sets out how the OEP intend to carry out its functions in order to most effectively deliver on its principal objective – to contribute to environmental protection and the improvement of the natural environment

The OEP has four main functions:

• Scrutinising the Government’s Environmental Improvement plans and environmental targets
• Scrutinising environmental law
• Advising Government on proposed changes to environmental law and other environmental matters
• Investigation and enforcement activity where Government and public bodies fail to comply with environmental law.

The draft strategy will cover the new body’s proposed enforcement policy in some detail, together with its proposals on how it intends to work with other organisations to avoid overlaps and duplication.

The OEP is also currently preparing its 25YEP Monitoring Report commenting on the Government’s first Environmental Improvement plan, the 25 YEP, which was published in 2018 and sets out the Government’s overarching strategy for protecting and improving the environment across ten different goals. ​

The OEP’s role includes monitoring government's progress against the EIPs, and any targets set under the Bill. The OEP must report within six months of the government publishing its annual progress report.

The OEP is currently working towards anticipated publication date in March for its first 25 YEP monitoring report.

Dame Stacey told conference attendees:

“We have in mind the opportunity to set challenging statutory targets, and know that in 2023, government will be looking to produce a second 25 year plan, we want those targets and that plan to be the best they can be, and hope that our report will be helpful to government – and timely - as it considers those targets and plans.”

The OEP consultation will also be seeking comment on its proposals for enforcement policy – the OEP’s enforcement functions encompass a wide range of investigatory and enforcement powers and duties. The regulator can, amongst other things, receive complaints from members of the public, conduct investigations and take court proceedings regarding serious failures.

According to Dame Stacy, reputational penalties are more effective in changing behaviour – and the the OEP will not rely on financial fines as its go-to enforcement action.

She told delegates:

“I would encourage you to view our enforcement functions as we do, as part of our wider toolkit. While we will not be shy of using these powers where we need to, we aim to use them wisely alongside our other functions and activities to achieve the overall aim of bringing about solutions that protect and improve the environment.”

“…. as many of you will know, some of our other powers and functions will deliver what enforcement alone cannot.”