The Government’s own environmental watchdog has found Defra broke environmental law when it allowed emergency use of a bee-harming pesticide without properly considering the impact on protected nature sites.
The Office for Environmental Protection said Defra’s decisions to authorise restricted use of Cruiser SB in 2023 and 2024 were in breach of environmental law because the department failed to assess the potential effect on protected areas.
The case centred on emergency authorisations for the use of Cruiser SB on sugar beet seeds.
The pesticide contains thiamethoxam, a neonicotinoid which has been banned in the EU because of concerns over its effects on bees and other pollinators.
The OEP investigation followed concerns first raised by environmental lawyers at ClientEarth in November 2023.
Reports by the Health and Safety Executive and the Expert Committee on Pesticides had previously raised serious concerns about Cruiser SB, including risks to freshwater species and pollinators such as honeybees.
Those concerns included evidence that even non-lethal doses could affect pollinators’ ability to forage and navigate.
The OEP’s findings have led to a commitment to change the assessment process for future emergency pesticide approvals.
Defra and the HSE will now have to consult Natural England before approving emergency authorisations for pesticides that could harm protected sites.
That means the potential impact on protected nature areas will need to be considered at the point of authorisation, rather than being treated as a secondary issue.
Campaigners say the decision marks another important shift in policy on neonicotinoids.
Cruiser SB had been authorised annually for emergency use by the UK sugar beet industry since 2021. Defra has since proposed a permanent ban on neonicotinoids and last year confirmed Cruiser SB would not be reapproved for use in 2025.
Kyle Lischak, Head of UK at ClientEarth, said: “As well as the direct impact on our struggling pollinators, we know these harmful chemicals can remain active in the soil for years, making their way into streams, rivers and protected areas – it’s only right that they are subject to proper scrutiny and regulation.”
The finding leaves Defra in an awkward position: the department responsible for protecting nature was found to have unlawfully overlooked risks to some of the places meant to be protected.
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