Watchdog investigates Defra and Natural England over compliance with environmental law covering special protection areas for wild birds

The Department for Environment, Food and Rural Affairs (Defra), Environment Secretary Steve Barclay and Natural England are under investigation by the Office for Environmental Protection (OEP) over whether they have complied with the law on special protection areas (SPA) for wild birds.

This opens the way to potential legal action if any failures to comply cannot be resolved.

The OEP said it would also examine possible failures to implement recommendations given by the Joint Nature Conservation Committee and other conservation bodies on the classification and adaptation of SPAs. 

These are legally designated sites that protect rare and threatened wild birds, such as curlew, bittern and common tern and internationally important areas for breeding, overwintering, and migrating birds, the OEP said.

It noted wild bird populations continued to decline across England, with 70 species now on the Birds of Conservation Concern Red List, almost double the number included 25 years ago.

Conservation bodies have reviewed SPAs and recommended Defra create new ones and adapt those existing to protect certain wild bird populations. 

A Defra spokesperson said: “Since 2010 this government has restored an area the size of Dorset for nature, and we are continuing to work to meet our goal to restore 75% of protected sites to favourable condition by 2042.

“We also recently launched a multi-million-pound Species Survival Fund to help drive the action we need to halt the decline in species.  

“We note the Office for Environmental Protection’s investigation, and we will continue to work constructively with the OEP on this issue.” 

The OEP was formed to take over environmental regulation roles carried out by the European Commission before Brexit and oversees the performance of public bodies.

Alongside the Defra investigation, it said it would investigate the Department for Agriculture, Environment and Rural Affairs in Northern Ireland over possible failures related to SPAs.  The separate regulators in Scotland and Wales are also to examine the birds issue.

OEP chief executive Natalie Prosser said: “SPAs play a key role nationally and internationally in protecting populations of wild birds that are currently in regrettable decline.

“They are important for achieving government’s commitments in relation to nature.”

Prosser added: “Our investigation will seek to establish whether the recommendations of previous SPA reviews…have been fully implemented and if not, the reasons why.

“The background to our investigation is that recommendations from another review carried out between 2015 and 2017 have yet to be published. Another step in that review, which may include classifications of new SPAs and the adaptation of existing SPAs, has yet to begin.” 

If the OEP finds any failure to comply with environmental law it will try to resolve this with the departments concerned, but Prosser noted: “Where a satisfactory outcome cannot be reached through these means, the OEP can use its other enforcement powers including, if necessary, commencing court proceedings.”

Caroline Cotterell, director of resilient landscapes and seas at Natural England, said: “Protected sites, including Special Protection Areas, are our most important places for nature and vital for achieving nature recovery. 

“Natural England will work closely with the Office for Environmental Protection throughout this process.”

Mark Smulian