A number of reports in The Guardian in January 2022 (for example, here) revealed the EA’s inability to effectively regulate the water industry or respond to pollution incidents:
‘Staff at England’s Environment Agency say it has been cut back to such an extent that they cannot do their jobs and the regulator is no longer a deterrent to polluters.’
The EA themselves have admitted that funding cuts have affected their ability to effectively enforce pollutions regulations. Emma Howard-Boyd, EA Chair, wrote to George Eustice (Secretary of State for Environment) in June 2021 saying:
‘Over the last few years the drop in grant has forced us to reduce or stop work it used to fund, with real-world impacts (eg on our ability to protect water quality) for which we and the government are now facing mounting criticism.’
Campaigning group River Action set up a petition to double environmental protection budgets in England and Wales. They say: ‘England’s Environment Agency’s environmental protection funding has been cut by 75% in the last decade’. As at 16 Feb 2022, the petition had 56,000 signatures.
The EA have stated that they ‘prioritise’ more severe pollution incidents and they do not have the funding to follow up all (or many?) incidents. For our water environment, the issue here is that such effectively unregulated pollution will produce chronic, damaging impacts for our rivers and lakes.
The EA have long been criticised by many campaigners for a lack of enforcement of existing regulations, preferring instead to advise and persuade (specifically with regard to farming and the Farming Rules for Water). Much of the compliance reporting of water companies and sewage pollution is carried out by the water companies themselves. Environment Minister Rebecca Pow stated in an interview with ENDS report that ‘they won’t be self-monitoring anymore, we’ve dealt with that… we are absolutely cracking down’.
In November 2021, the EA started an investigation into sewage treatment works. This is a criminal investigation and will take some time (into 2023) before prosecutions take place. Clearly an investigation of this scale (2,200 STWs) with the intention of building evidence for criminal prosecutions will require significant resources. In parallel, Ofwat are also investigating the water companies’ performance.
On 22 February 2022, Sir James Bevan, Chief Executive of the Environment Agency, made a speech with the title ‘Myths, Facts and Inconvenient Truths’ to the World Water Tech Innovation Summit in which he said: ‘Clean and plentiful water is everyone’s responsibility, not just mine or the water companies’.