Defra's rolling review of its regulation

Defra is exploring the potential for standards and certification to play a larger role in waste regulation and enforcement, and reduce the "burden" imposed on business by the department as part of the coalition government's review of red tape.

In June 2010, the then-new business secretary, Vince Cable, outlined an action plan that included setting up a regulatory policy committee to examine new laws to ensure they do not impose too high a cost on businesses, and introducing a “one-in, one-out” principle or regulatory balance, so that new “red tape” is only brought in when reductions are made to existing regulation.

Unlike other Whitehall departments, Defra is engaged in a rolling programme of reviews to inform its position on one-in, one-out, according to a new report from the National Audit Office.

“Defra is reviewing all of its stock of regulation in order to identify opportunities to reduce regulatory costs in order to offset the cost of proposed new regulations. Other departments are not [doing this but] should consider such a review,” it says.

The environment department, however, is not best placed to significantly reduce regulatory burdens: 70%–80% of its regulations originate from the EU, while its regulatory stock, although one of the biggest, only accounts for about 3% of the government’s net administrative burden on business and civil society.

“Defra doesn’t really have the scope to make a big impact on the regulatory landscape,” says Martin Baxter, director of policy at IEMA. “Nevertheless, it’s a good opportunity to take stock: to see what is and isn’t working well in terms of adding value and protecting the environment in an appropriate and proportionate way.”

One of the first areas of focus is waste regulation, and Defra is currently working with the Department of Business, Innovation & Skills (BIS) on a range of proposals as part of this review.

BIS has asked the British Standards Institution to assess existing standards and produce a roadmap to show how businesses can take greater responsibility for performance and how certification or permitting can reflect the level of assurance required to demonstrate compliance. For its part, Defra has instructed the Environment Agency, working with the UK Accreditation Service and other accreditation bodies as well as businesses, to develop a strategy for how companies can earn more freedom from regulatory inspection.

Internally, Defra officials are receiving training and guidance on how to improve the quality of impact assessment and to encourage them to develop non-regulatory approaches.