AN INTRODUCTION TO POLICY IN THE UK - POLICY GUIDE - Valuing Nature Network
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POLICY GUIDE
MAY 2017
AN INTRODUCTION TO POLICY
IN THE UK
KEY MESSAGES
The British Ecological Society (BES) is committed to making • Under the UK’s constitutional
the best ecological evidence accessible to decision-makers. monarchy, the Government
runs the country by
Policymaking processes are rarely straightforward, however,
implementing policies and is
and understanding how best to share their expertise with held to account by Parliament.
decision-makers can be challenging for scientists. Our Policy • A ‘government policy’ is a
Guides aim to improve communication between our members plan or course of action by the
Government.
and policymakers, increase the impact of ecological research
• Legislation is law. Policies
and support evidence-informed policymaking.
must always comply with
existing law, but may also lead
INTRODUCTION The Government is monitored and
scrutinised by Parliament, meaning all new
to the proposal of new laws.
• Some aspects of policymaking
legislation must go through Parliament
This first guide provides an introduction and legislation, such as the
before being passed into law. Parliament
to the policymaking process, focusing on environment and education,
also scrutinises existing legislation,
the UK Government and Parliament, how are devolved to the national
Government policies and their results.
policies are developed and the difference
level (England, Scotland, Wales
between policy and legislation.
WHAT IS A POLICY? and Northern Ireland).
THE POLITICAL SYSTEM A policy is a set of principles to guide
• The processes for formulating,
enacting and scrutinising
IN THE UK actions in order to achieve a goal. A policies are complex and
‘government policy’, therefore describes non-linear. Policy tends
The UK political system is a parliamentary an objective or course of action planned
to be evidence-informed,
democracy which functions under a by the Government on a particular
presenting opportunities for
constitutional monarchy. The monarch is subject. Policies are usually developed by
researchers to provide input
the constitutional head of state, but acts a Government Department, for example
and scientific evidence, but
mainly in a ceremonial capacity. Executive the Department for Environment, Food
powers, the power to implement and and Rural Affairs (Defra), in order to is also shaped by a number
enforce laws, lie with the Government. achieve their objectives. Documentation on of other factors, including
Government may propose a new law government policies is publicly available electoral considerations, public
or piece of legislation to give legal through the UK Government website opinion and decision-makers’
underpinning to some or all of a policy. (www.gov.uk/government). preferences and values.
WHERE DO POLICIES COME FROM? help meet binding objectives and goals,
for example, the commitment to reduce FACT BOX
Policies may emerge at different points greenhouse gases under the Kyoto Protocol.
during the political cycle. Some policies may A policy may have an associated piece of
WHAT IS THE DIFFERENCE
be outlined in party manifestos prior to an legislation that helps to enforce part of or
BETWEEN THE UK GOVERNMENT,
election, such as the commitment to a 25 all of it. The case study in the final section
PARLIAMENT AND THE
Year Plan to restore the UK’s biodiversity of this Guide examines the development
DEVOLVED ADMINISTRATIONS?
in the 2015 Conservative Party manifesto, of the Biodiversity 2020 strategy4, showing
how this was shaped by an international • The Government (also referred to
while others may emerge in response to
commitment to the Convention on as ‘the executive’) is responsible
particular situations or events, such as
Biological Diversity5 (CBD) and involved a for deciding how the country is
ash dieback. External organisations and
major process of stakeholder consultation. run and managing the process.
individuals can influence policy development
at all stages through formal consultation and POLICIES ARE OFTEN EXPRESSED IN: • The Parliament (‘the legislature’)
engagement, or through informal lobbying is responsible for monitoring and
• Government manifestos scrutinising the actions of the
of Ministers, Parliamentarians, and wider
public advocacy. • White Papers, such as the Natural Government and passing laws.
Environment White Paper6 • Parliament is composed of
WHO ARE POLICYMAKERS? • Thematic policies, such as those
two chambers; the House of
Commons, composed of Members
concerned with biodiversity (see the
For scientific evidence to play a part in of Parliament (650) who have
case study) or with invasive non-native
informing policy development it must be been elected by voters; and the
species7.
seen and understood by those responsible House of Lords, composed of
for making policy – but who is this? EXAMPLES OF LEGISLATION THAT Members who are appointed
ENFORCES A POLICY: (around 800).1
‘Policymaker’ is a broad term,
encompassing all people involved in • The Wildlife and Countryside Act • Some powers and
formulating, developing or amending policy. 1981 is the primary legislation that responsibilities, including
In the UK, Ministers of Government, their protects animals, plants, and certain environmental policy are
advisors, civil servants, Chief Scientific habitats in the UK. It consolidates and transferred from the UK
Advisors, Members of the House of amends existing national legislation to Government and Parliament to
Commons (MPs) and the House of Lords, implement the Bern Convention8 and the the devolved administrations.
as well as their staff, all fall under this Birds Directive9. This Act also provides These are the Scottish
umbrella. Staff working for government for the notification and confirmation of Parliament, the National
agencies such as Natural England, who Sites of Special Scientific Interest (SSSIs), Assembly for Wales and the
tend to have more expert knowledge in which are identified and protected Northern Ireland Assembly,
the ecological domain, play a critical role in for their flora, fauna, geological or whose executive agencies are
informing the development of policies. physiographical features10. the Scottish Government, the
Welsh Government and the
EXAMPLES OF POLICY • The UK Climate Change Act 200811
commits the UK to reducing emissions
Northern Ireland Executive2.
by at least 80% in 2050 from 1990 levels, • As England does not have a
The details of a policy and the steps
based on advice from the Committee devolved administration, the
needed to meet the policy ambitions
on Climate Change report: Building UK Government and Parliament
will often be set out within Government
a Low-Carbon Economy12. Under the consider English policy matters
strategies, which are usually developed
United Nations Framework Convention that are otherwise devolved. For
through stakeholder consultation. These
on Climate Change the UK is party to example Defra has responsibility
strategies are non-binding in themselves
commitments under this forum. for English environmental policy.
but have often been developed in order to
The British Ecological Society is a limited company, registered in England No. 01522897. Registered Charity No. 281213
FACT BOX
WHAT ARE GREEN PAPERS AND
WHITE PAPERS?
• Green Papers are consultation
documents produced by the
Government, which set out
proposals that are at a formative
stage for further discussion.
• They enable people inside
and outside of Parliament to
provide feedback to the relevant
department on its policy or
legislative proposals;13 an
example being the Defra Green
Paper on Biodiversity Offsetting
in England.
• Green Papers do not contain a
commitment to action, but often
form the basis of White Papers.
WHAT IS THE DISTINCTION WHAT IS THE DIFFERENCE • White Papers are policy
documents issued by the
BETWEEN POLICY AND BETWEEN PRIMARY AND government and often set
LEGISLATION? SECONDARY LEGISLATION? out their proposals for future
legislation. These proposals may
have their origins in the Green
Although policy and legislation are • Primary legislation usually takes the Paper process.
interrelated, each has a distinct function: form of an Act of Parliament, though it
• White Papers may include a draft
can also take the form of an Order of
• A policy is ‘a course or principle of version of a Bill that is being
Council under the Royal Prerogative.
action adopted or proposed by an planned. Some White Papers
organization or individual’. Legislation • A draft piece of primary legislation invite comments on the detail
sets out the law and therefore, the is called a Bill. When a Bill is passed of the implementation of the
procedure or standard that people and by Parliament it becomes an Act of policy and form the basis for
organisations must follow. Parliament and part of statute law. consultation and discussion with
The process by which a Bill becomes interested parties, allowing for
• Therefore, laws can be used to an Act will be covered in a separate changes before a Bill is formally
enforce the course of actions as set Policy Guide. presented to Parliament.14
out within a policy, but policies may
• The Department for Business,
also be adopted as a way of fulfilling • Secondary legislation allows the
Innovation and Skills’ White
legislative commitments. New laws Government to make changes to the
Paper on Higher Education:
may be developed to enforce part or all law, using powers conferred through
Success as a knowledge
of a policy. primary legislation, often an Act of
economy, is an example of a
Parliament. 3
• Policies tend to evolve and adapt over White Paper.
time under review processes, while • Most legislation passed in the UK each • Not all White Papers include
laws tend to be fixed for much longer year is secondary; thousands of pieces a proposal for legislation,
periods of time. Laws can be amended of secondary legislation, also referred for example the Natural
but this happens on a much less to as statutory instruments, are made Environment White Paper – The
frequent basis. each year, compared to a few dozen Natural Choice, which set out
Acts of Parliament. the then government’s vision
for the natural environment over
• Secondary legislation has several the next 50 years, including the
advantages: it stops Parliamentary actions to deliver that goal.
time being used up on overly-
technical matters, allows experts to
prepare laws, and offers flexibility to
deal with changing circumstances.
Disadvantages include: lack of
Parliamentary scrutiny, removal of
controversial issues from Parliament
to Government, and the huge quantity
of legislation generated without much
public debate or oversight.
The Parlimentary Archives CC UK Parliment
The British Ecological Society is a limited company, registered in England No. 01522897. Registered Charity No. 281213
REFERENCES
1. UK Parliament (2017) Parliament
and the Government.
2. UK Parliament (2017) Devolved
Parliaments and Assemblies.
3. UK Parliament (2017) Secondary
Legislation.
4. Defra (2011) Biodiversity 2020:
A Strategy for England’s wildlife
and ecosystem services.
5. Cbd.int (2010) The Convention
on Biodiversity (CBD).
CASE STUDY: Making Space For Nature21, an
independent review of England’s wildlife
6. HM Government (2011) The
Natural Choice: securing the
sites and their connectivity. The Natural value of nature.
BIODIVERSITY 2020: A CASE STUDY OF 7. GB Non-native Species
Choice and Biodiversity 2020 contain a
INTERNATIONAL COMMITMENTS AND Secretariat (2015) GB Invasive
suite of policies.
FORMATION OF NATIONAL POLICY. Non-native Species Strategy.
8. JNCC (2013) The Convention on
In the run up to 2020, we may expect
An example of how international the Conservation of European
a rapid period of development for Wildlife and Natural Habitats
commitments can shape and inform
environmental policies, both in response (The Bern Convention).
national policies is The Convention on 9. JNCC (2014) Directive 2009/147/
to current government commitments to
Biological Diversity15 (CBD). A treaty EC on the conservation of wild
publish a 25 year plan for the environment
of the United Nations, this provides a birds.
and to the UK leaving the European Union. 10. JNCC (2017) Guidelines for
legal basis for biodiversity conservation,
selection of biological SSSIs.
requiring its signatories to create and Key message: More comprehensive 11. UK Government (2008) Climate
implement strategies for biodiversity domestic policies often develop Change Act 2008.
conservation. Commitments made under in response to broad international 12. The Committee on Climate
the Nagoya protocol16 of the CBD led commitments, such as those within the Change (2008). Building a
the European Union to adopt its own low-carbon economy – the UK’s
Convention on Biodiversity. The details
contribution to tackling climate
strategy – the EU Biodiversity Strategy of the policy are informed through change - Committee on Climate
202017 – which itself committed member stakeholder consultation, of which Change.
states to a series of targets. Stimulated evidence forms a part. 13. UK Parliament (2017) Green
by these two key developments, and to Papers - Glossary page.
14. UK Parliament (2017) White
address the international commitments
made within them, each of the countries SUMMARY Papers - Glossary page.
15. Cbd.int (2010) The Convention
within the UK has developed their own on Biodiversity (CBD)
This Guide provides an introduction to 16. Cbd.int (2010) The Nagoya
biodiversity policy. Here we take a look at
the process of policymaking in the UK and Protocol.
the development of England’s biodiversity
the institutions involved, further details 17. The EU Biodiversity Strategy
policy as an example.
of which will be discussed in subsequent to 2020 (2011) Brussels:
Publications Office of the
In August 2011 Defra published Guides. The processes described,
European Union.
“Biodiversity 2020: A strategy for including the formulation of policies 18. Defra (2011) Biodiversity 2020:
England’s wildlife and ecosystem (e.g. in Green and White Papers), and A Strategy for England’s wildlife
services.18” This superseded the UK the scrutiny of proposed legislation and and ecosystem services.
policies, draw upon scientific evidence. 19. UK National Ecosystem
Biodiversity Action Plan, setting out
Assessment (2011) The
the strategic direction for England’s As such, they present opportunities for
UK National Ecosystem
biodiversity policy. Key to the development ecologists at any career stage to engage Assessment: Technical Report.
of this strategy were the UK National individually, collectively and as members UNEP-WCMC, Cambridge.
Ecosystem Assessment19 and the Natural of organisations, such as the BES. Building 20. HM Government (2011) The
on the background presented in this Natural Choice: securing the
Environment White Paper – The Natural
value of nature.
Choice20. The White Paper itself was Policy Guide, further Guides will explore
21. Lawton, J. et al (2010) Making
developed through consultation, with the details of the policymaking processes Space for Nature: A review of
Defra’s call for ideas eliciting responses introduced and highlight specific England’s Wildlife Sites and
from 15,000 individuals and organisations. opportunities to facilitate ecologists’ Ecological Network.
It also drew upon the Lawton Report: engagement with policymaking.
BRITISH ECOLOGICAL SOCIETY POLICY GUIDES
Policy Guides will provide an information resource for BES members, Contact: British Ecological Society, Charles Darwin House,
focusing on the policymaking process in the UK and the various avenues 12 Roger Street, London, WC1N 2JU, United Kingdom.
through which scientific evidence can be used to inform policy. T: +44 (0)20 7685 2500
The lead authors of this Policy Guide were BES members Rory O’Connor, E: policy@british ecological society.org
Beccy Wilebore and Miriam Grace, who were supported a number of britishecologicalsociety.org/policy
external reviewers.
The British Ecological Society is a limited company, registered in England No. 01522897. Registered Charity No. 281213
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