Following the recent judgment against Natural England, Conor O'Gorman calls for an urgent shift in how conservation is regulated
Credit: David Peperkamp/iStockphoto via Getty Images
As you may know, BASC recently won its High Court challenge against Natural England (NE), with Mr Justice Ritchie ruling that the regulator acted outside the law in its approach to the licensing of gamebird releases (News, 22 July).
A day after the ruling NE published an article on its website titled High Court judgment threatens protections for England’s internationally important wildlife sites and said it intended to appeal the decision.
Yet the rich biodiversity that gamebird shooting and releasing supports through habitat work and targeted predator control is exactly what designated areas including Special Protection Areas (SPAs) need and why they exist. These conservation efforts, spanning generations by shoots and farmers, are why many of these sites were designated for their biodiversity.
Shoots are releasing gamebirds responsibly; they adhere to density guidelines and deliver measurable environmental benefits. To unduly restrict those activities in and around SPAs is wrong. What is needed now is for NE to take a step back and rethink its approach, not spend more public money fighting against common sense.
NE’s approach has created uncertainty for shoots, forcing some to close with the loss of rural jobs. We expect NE to act lawfully, engage honestly and treat the shooting community as partners rather than problems.
As a community we spend £500m annually on conservation work. To put that into context, NE recently announced funding worth £60m from its Species Recovery Programme to 130 projects over the next three years. That works out at around £20m a year, or about 4% of the annual conservation spend by shooting.
The problems at NE have been growing for years, culminating in a recent National Audit Office review that highlighted a number of key failings. The Government has since published a Strategic Policy Statement that sets out expectations for NE. The message is clear – NE must address its over-precautionary culture.
In 2006 English Nature, the Countryside Agency and parts of the Rural Development Service merged to become NE. The ambition was a more joined-up approach to balancing the protection of nature with economic growth and the needs of rural communities. This was a tall task and perhaps if NE had stuck diligently to its remit and not been drawn into all sorts of off-piste projects and initiatives it would arguably not be in the mess it finds itself in today.
NE recently announced the selection of a new chief executive, Neil Hornby, and we look forward to working with him. This could be a turning point for NE to address the many problems in its regulatory culture, particularly its overly precautionary approach.
In principle, BASC and NE share the same aims for conservation and the sustainable use of natural resources. We have worked in partnership on many projects and we continue to do so. The countryside needs an environmental regulator like NE, but not one acting in the way it is currently.
The Government has recently committed to embedding rural proofing across its decision-making and ensuring all departments systematically assess real-world impacts on rural communities in policy and investment decisions. We have a new Government and the Prime Minister has scrapped the Department for Science, Innovation and Technology – its responsibilities will be rolled into a newly created Department for Business, Innovation, Science and Trade.
It’s 20 years since the restructure that led to the creation of NE. If this quango does not change its ways, perhaps it’s time for a new approach to environmental regulation.
Dr Conor O’Gorman is BASC’s head of policy and campaigns. He has over 25 years of experience in conservation and land management and a keen interest in wild grey partridges. Contact him at conor.ogorman@basc.org.uk.
Mr Justice Ritchie ruled that Natural England acted outside the law in its approach to the licensing of gamebird releases, upholding BASC’s High Court challenge. A day after the judgment, Natural England said it intended to appeal the decision.
The shooting community spends £500m a year on conservation work. By comparison, Natural England recently announced £60m from its Species Recovery Programme for 130 projects over three years, around £20m a year, or about 4% of shooting’s annual conservation spend.
BASC argues that Natural England’s approach has created uncertainty for shoots and forced some to close with the loss of rural jobs. It wants the regulator to act lawfully, engage honestly and treat the shooting community as partners rather than problems, and to address the over-precautionary culture identified in a recent National Audit Office review.
Natural England was formed in 2006, when English Nature, the Countryside Agency and parts of the Rural Development Service merged. The ambition was a more joined-up approach to balancing the protection of nature with economic growth and the needs of rural communities.
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