By Rebecca Speare-Cole

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The Environment Department (Defra) may have failed to comply with green laws over plans to restore and protect the UK’s seas, a watchdog has warned.

The Office for Environmental Protection (OEP), which aims to hold government and other public authorities to account over its green actions, launched an investigation into whether a key target to protect marine waters by the end of 2020 was met.

The Environment Secretary is under a legal duty to take the necessary measures to achieve or maintain good environment status (GES) in coastal and offshore waters by the statutory deadline.

However, the OEP said the marine environment in England and Northern Ireland remains in a highly degraded state, with evidence pointing to ongoing deterioration.

Alongside the possible failure to meet the 2020 target, the watchdog outlined further possible failures relating to the way in which the Government has sought to claim exceptions from the duty to achieve good environment status in marine waters as well as a suspected failure to publish a lawful programme of measures.

Since the probe was launched in January, the watchdog said the Government has consulted on an update to its assessment of the state of UK marine waters, which recognises that good environment status has not been achieved from a scientific perspective.

While the OEP welcomed the consultation and publication of a revised programme of measures, the watchdog said its findings of possible serious failures to comply with environmental law have been put to Defra, which has two months to respond.

Helen Venn, the OEP’s chief regulatory officer, said: “Our investigation is seeking to ensure accountability for the suspected failure to take the necessary measures to achieve GES of marine waters by 31 December 2020, and if that failure has occurred, ensure that it is addressed as soon as possible through the introduction and implementation of an evidenced, resourced and timebound delivery plan.

“Having a clear plan is key to ensuring that measures to protect and improve the marine environment can be effective in tackling the deeply concerning negative trends in our oceans.”

The UK is also part of a group of European countries that cooperate on regulation to protect the marine environment of the North-East Atlantic.

The OEP cited a recent report from this convention that said additional measures are needed to tackle declining biodiversity and continued habitat degradation while existing measures need to be more effective.

Ms Venn said this is potentially the first time a legally binding high-level green target has been missed since the introduction of a new approach to environmental governance through the Environment Act 2021.

“There are other similar environmental targets which fall due over the next few years, on climate, species abundance, air quality, water quality and so on, so there is wider interest in government’s approach to strategic delivery planning and meeting targets, and how it will respond should important targets be missed,” she said.

A Defra spokesperson said: “Restoring our oceans to good health is essential for both the marine environment and for fishing businesses.

“We are continuing to work towards achieving good environmental status.

“Recent action includes increasing our network of marine protected areas and banning fishing for sand eels within English waters.”