The Office for Environmental Protection believes Defra may have failed to comply with a number of environmental laws when granting emergency authorisations for use of a neonicotinoid pesticide in 2023 and 2024.
The OEP has given an Information Notice to Defra, setting out the details of the alleged failures, and the department now has until 28 January 2025 to formally respond.
This follows the launch of an investigation in June seeking to determine whether there were serious failures to comply with a number of environmental laws in relation to emergency authorisations granted for the use of Cruiser SB on sugar beet seeds.
In particular, the potential failures relate to Defra’s interpretation and application of the precautionary principle and compliance with its nature conservation obligations when it considered granting the emergency authorisations in 2023 and 2024 (1).
Helen Venn, the OEP’s Chief Regulatory Officer, said: “The investigation is looking at whether the appropriate assessments and considerations were undertaken in accordance with the law when those emergency authorisations were granted, rather than the outcome of the decisions themselves.
“We now await Defra’s response and will carefully consider that before deciding on any next steps.”
The investigation results from a complaint submitted to the OEP by ClientEarth.
ENDS
References
1: arts 1(4) and 53 of the Plant Protection Products Regulation (EC) No 1107/2009; s.19(1) of the Environment Act 2021; regs 9(1) and (3) and 63(1) and (3) of the Conservation of Habitats and Species Regulations 2017; ss.28G(1)-(2) and 28I(2) and (5) of the Wildlife and Countryside Act 1981.
Notes
The investigation is a statutory investigation under section 33 of the Environment Act 2021. We have given the information notice under section 35 of the Environment Act 2021. The information notice describes the alleged failures by the Secretary of State to comply with environmental law, explains why we believe this is serious and requests specific information relating to the allegations. The Secretary of State must respond in writing to the information notice. The deadline set for this response is 29 January, 2025. We will use this information to understand the facts of the situation, which can inform future decisions. Under section 41 Environment Act 2021, the OEP must publish a statement where it gives an information notice. This public notice is given pursuant to section 41 of the Environment Act 2021.
The OEP’s strategy and enforcement policy can be found here. The OEP has powers to carry out an investigation into whether a public authority has complied with environmental law. Public bodies, including the Secretary of State, have a statutory duty to cooperate with OEP and provide it with such reasonable assistance as it requests. An investigation may lead to enforcement action.
