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Unlike RSPB, Worldwide Fund for Nature, and the Wildlife Trusts (which are environmental pressure groups, or NGOs), English Nature is the statutory adviser to Government on nature conservation. It heads up to DEFRA and is funded entirely by government. Until very recently it had no powers of prosecution, but can now prosecute anyone damaging an SSSI. At least that is the theory.
Unfortunately, nature conservation legislation, whether UK or Brussels originated, is written in absolute terms. Although English Nature does not grant any consents (except insofar as it endorses management agreements with landowners of SSSIs), it provides advice to all the other bodies that do as part of the planning process. As these bodies do not have the expertise to challenge English Nature, this in effect gives English Nature a veto on most coastal decisions. They vehemently deny that this is so; that all they do is give advice to the bodies that make the decision. But in giving this advice, they cannot (and should not) take into account the social and economic factors. Such is the weight of environmental pressure that these bodies, which are supposed to ‘have regard to the environment’, but must also satisfy the government policy of sustainable development, that the social and economic factors are not given proper weight. That this is so is not the fault of English Nature, but more a result of a supine ‘path of least resistance’ attitude of bureaucrats in other disciplines.
Worse, in reaching their advice, English Nature not only decide what should be designated, but also what factors should be taken into account. It is an absolutely classic example of the Whitehall Loop. English Nature are judge, jury and executioner! This has plagued the implementation of their principal legislatory tool in the Solent, the Habitats Regulations
Many of the junior English Nature staff are conservationists. Some are scientists too. Few have a wide experience of public policy and they often do not realise the consequences of their decisions. Fortunately, in recent months, there have been very encouraging signs that the Solent English Nature team are realising that they will only succeed in winning hearts and minds if their decisions are transparent and consistent. They are looking very hard at their Solent strategy and it is to be hoped that they will succeed in integrating their requirements into the common good in a manner that is better than we have seen over the years.
Lets hope they succeed, because we depend on them to get it right; to maintain this wonderful Solent in good condition - while at the same time enabling leisure users and commercial interests to access this wonderful maritime area.
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