The Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill is expected to be introduced this summer. It is anticipated to include powers to establish an environmental governance body for Wales - which would hold the Welsh Government and other public authorities to account on environmental performance. These powers are being proposed to address, what stakeholders refer to as, the ‘environmental governance gap’ following EU-exit.
Wales is the last of the UK nations to establish an environmental governance body. The Office for Environmental Protection (OEP) (covering England and Northern Ireland) and Environmental Standards Scotland (ESS) became statutory environmental governance bodies in 2021.
Wales therefore has the benefit of being able to learn from the establishment of these bodies when setting up its own.
This briefing compares the Welsh proposals to the OEP and ESS, highlighting differences in their functions and exploring their legal foundations. It examines issues raised during legislative scrutiny in the UK Parliament and Scottish Parliament of the Bills establishing the OEP and ESS. It also draws on lessons learned now those bodies have been functioning for a number of years. It concludes with key questions to consider for the establishment of the Welsh body.
Article by Dr Katy Orford, Senedd Research, Welsh Parliament
