Schedule 2: Improving the natural environment: Northern Ireland Part 2: Policy statement on environmental principles Policy statement on environmental principles: effect
Paragraph 8 sets out the legal duty on Northern Ireland departments and Ministers of the Crown in respect of the environmental principles policy statement, where the duty applies. It also details the relevant exemptions to the duty to have due regard to the policy statement.
	Sub-paragraph (1) requires the Northern Ireland departments to have due regard to the environmental principles policy statement when making policies included in the scope of the duty (that is, policy that is not excluded). This means that when making policy, departments must have consider the environmental principles policy statement with substance, rigour and an open mind.
	Sub-paragraph (2) places the same duty on Ministers of the Crown when they are making policies relating to Northern Ireland.
	Sub-paragraph (3) sets out that the policy statement does not require departments or Ministers of the Crown to do, or refrain from doing, anything if doing something (or not doing it) has no significant environmental benefit or would be in any other way disproportionate to the environmental benefit. In this context:
No significant environmental benefit means that the policy statement does not need to be used to change a policy direction if the environmental impact would be negligible.
Disproportionate indicates situations in which action would not be reflective of the benefit or costs, environmental or otherwise. Action taken must reflect the potential for environmental benefit as well as other costs and benefits. For example, there is no need for a Department to change a policy in light of the principles policy statement if the cost of this change would be very high and the benefit to the environment would be very low. Equally, if the potential environmental benefit is high, then it is proportionate to take a more significant action based on the policy statement.
	Sub-paragraph (4) sets out which policies are excluded from the requirement to have due regard to the policy statement during the policy-making process. In the equivalent provision for England – section 19(3) – the armed forces, defence, and national security, taxation, spending and the allocation of resources within the government are excluded. These matters are similarly excluded for Ministers of the Crown when making policy in relation to Northern Ireland. However, armed forces, defence, and national security do not need to be specifically excluded for Northern Ireland departments as they are excepted matters and, on that basis, Northern Ireland departments have no powers to make policies relating to these subjects.