Fairer and Better Environmental Enforcement Project
Background
The Government’s Review of Enforcement in Environmental Regulation highlighted some key underlying obstacles to more proportionate, consistent, transparent and effective environmental enforcement:
- The current enforcement system is not designed taking full account of what motivates operators to comply or otherwise – so it is much less likely to achieve changes in behaviour
- The criminal sanctions being imposed generally don’t do what people expect of them: rogue operators too often keep their gains during conviction; environmental damage is not routinely put right; communities may be left with spoiled amenities; and a limited range of enforcement responses means it is not always clear who are the worst offenders – all to the disadvantage of responsible businesses seeking fair competition
- Enforcement is not proportionate enough – regulators sometimes prosecute when an alternative option (if it was available) could more closely match the nature of the breach. And, the present patchwork of powers hinders achievement of a more joined up, purposeful approach
- Overall, there is no simple, easily understood framework for explaining how enforcement is meant to work; the role of everyone in it, from operators to courts to regulators; or enough data on how enforcement is working.
Page published: 2 July 2007