Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, whether the remit of the proposed Office of Environmental Protection will include holding public bodies to account on compliance with duties to collect litter.

The Office of Environmental Protection (OEP) will be established with the principal objective of contributing to environmental protection and the improvement of the natural environment. The OEP will have powers that will enable it to hold all public authorities to account for their implementation of any legislative provisions that fall under the definition of environmental law as set out in the Environment Bill. In this context, the OEP’s remit is not defined by reference to specific subjects such as litter, but rather by reference to the question of whether legislation is mainly concerned with environmental protection. The OEP will also need to consider the seriousness of any alleged breach, and whether there are more appropriate avenues to resolve the matter, in determining where and how to act in relation to any specific case.

Legal duties in relation to litter, or indeed any other subject, would therefore need to be considered against the definition of environmental law in the Environment Bill in order to determine whether the OEP has powers to act. This will be for the OEP to assess in the first instance.