The government has been forced to defend itself after the results of its Red Tape Challenge have received widespread criticism. The government yesterday announced the results of the Environment portion of its ‘Red Tape Challenge’, which will see 185 of the 255 environmental regulations scrapped or reformed.  

Defra claims its sweeping deregulations are merely a streamlining exercise to facilitate environmental protection whilst improving growth and competitiveness for businesses. However, experts, including influential food policy professor Tim Lang of London’s City University, have pointed out the fundamental inconsistency of these ostensible goals.

Professor Lang said of the government’s food policy, "The notion that British food commerce should ‘compete’ is empty rhetoric. We need to bend competition around sustainability. This requires new frameworks, some of which need co-operation, not naive competitiveness."

Regulations are merely ‘streamlining’

Defra said yesterday that its reforms of environment regulations will provide £1 billion in savings to businesses over five years, based on the findings of an impact assessment, though this figure has been questioned. It said the government’s new approach to environmental regulation will see enforcement being targeted at companies that are not abiding by the rules and reducing paperwork, freeing up more time and resources for compliant businesses. These outcomes are similar to the professed results of the farming reforms, announced in February.

Defending the outcomes of the ‘Red Tape Challenge’, Environment Secretary Caroline Spelman said, “I want to be very clear that this is not about rolling back environmental safeguards, nor is it just about cutting regulation to stimulate growth. We’ve always said that we were going to keep the vitally important protection our environment needs. This was about getting better rules, not weaker ones.”

Defra claims to have liaised with green groups and listened to public responses online and in written submissions in forming its new policy. The package will see 132 regulations reformed, mainly through simplification or mergers, 70 kept as they are and 53 others repealed, which the department claims are obsolete.

The reforms mostly focus on paperwork, and are largely relevant to the construction and manufacturing industries. Reforms of legislation specifically related to farming were unveiled last month. A Defra spokesperson offered assurance that, “The changes are primarily focused on administrative issues, not removing the underlying regulations that provide environmental protection.”

However, concerns have been expressed over the effects certain reforms will have on the countryside and the potential for impacts on natural resources. Reforms including reducing the need for remediation of contaminated land, allowing more works to be carried out on common land without planning consent and reduced waste management consideration for construction companies have caused consternation amongst environmentalists.  

Handling of the Red Tape Challenge leads to criticism

In addition to uncertainties over the effects of liberalising legislation on organic pollutants, air and noise pollution, environmental groups have expressed concerns over the government’s suggestions that this is only the first stage of its overhauls. Fears persist that, as with planning regulations, the government may still seek to reduce thousands of pages of guidance to just 50. Defra said work is ongoing on a "significant rationalisation of guidance."

Furthermore, Defra’s claims that the reforms are in response to public consultation have been brought into question. Analysis by The Guardian has revealed 97 per cent of responses to the Red Tape Challenge’s online consultation "demanded stronger protection or no change in the rules on air pollution, wildlife and landscape management".

A Yougov poll commissioned by the RSPB and Greenpeace, the results of which were released yesterday, showed only 4 per cent of the British public support the deregulation of environmental law. Ten times as many respondents said they wanted more environmental regulation to protect the environment.

Mike Clarke, Chief Executive of the RSPB, questioned the impact existing regulation had on growth. He suggested Defra had not provided adequate evidence to justify its renovation of environmental regulation. The charity executive said, "Given his understandable need to create jobs and growth, the Chancellor has allowed himself to be led by anecdote from business and development interests rather than meaningful evidence on the needs of the British economy. 

"There is no evidence whatsoever to suggest protection of the environment is a barrier to economic growth but plenty to suggest smart regulation is actually a stimulus to growth."

He said the RSPB and other conservation groups would be closely monitoring the government’s reforms concerning habitats and wildlife, which are due for release later in the week, to ensure the government consults properly provides regulation which does not strip legislation vital to environmental protection.

Perhaps the most severe indictments of the announcement made yesterday by the Defra chief came from Green Party MEP Caroline Lucas. Dr Lucas pointed out that neither Ms Spelman, nor any other environment minister attended the ‘Star Chamber’ conducted by Cabinet Office Minister Oliver Letwin who is leading the ‘Red Tape Challenge’. She said, "The brazenness with which the government has sought to undermine the very principles of environmental protection is shocking enough, but it's also astonishing that ministers have been so willing to waste taxpayers' money on such an ideologically driven vanity project."

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