Environmental Principles Policy Statement
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)
My Lords, I am very grateful to all noble Lords for their questions and points today, and many congratulations to the noble Baroness, Lady Parminter, on introducing this debate so forcefully. I shall endeavour to answer as many of the points as I can.
The Government have committed that we will be the first generation to leave the environment in a better state than we found it. To do this, we need to put environmental considerations at the heart of policy-making. The environmental principles policy statement will enable us to do so, helping us to achieve the ambitious environmental objectives set out in the Environment Act.
At the risk of sounding oversensitive to some of the points made, it was suggested that I was somehow a journeyman Minister who had just come into this and will be gone tomorrow—I may indeed be gone tomorrow. However, I want to assure noble Lords. The Government brought forward the Environment Act because we mind about leaving the environment in a better state. I have been involved in it from the position of an insignificant Back-Bencher in the other place, working with people such as my noble friend Lord Goldsmith, also then on the Back-Benches, and Sir Oliver Letwin.
Getting these principles in the Bill and then the Act was really important, and their implementation is equally important. I should hate anyone to think that—while I might be put out to grass tomorrow—this is just parliamentary chaff for me. It really matters, and it matters that we get this right and that Parliament can continue to hold Ministers of whatever persuasion to the terms of the Act. It places a legal duty on Ministers of the Crown to have “due regard” to an environmental principles policy statement when making policy. The statement must cover the principles set out in the Act: the integration principle, the prevention principle, the “rectification at source” principle, the “polluter pays” principle and, much spoken about today, the precautionary principle.
The draft statement has been laid before Parliament and has been developed with the input of stakeholders, including environmental NGOs, as well as colleagues from across government. Their feedback and support have been valuable, and we have adapted the statement in response. For example, we have changed the statement so that it guides policymakers towards opportunities to enhance the environment, as well as preventing harm. Text was also added on the links to commitments such as net zero and the 25-year environment plan, as well as further defining the scope of the duty—for example, to arm’s-length bodies.
I would also like to thank the committees that have provided their feedback. We note that the Secondary Legislation Scrutiny Committee has requested a change to the accompanying Explanatory Memorandum to include the definitions of each of the five principles, which we commit to actioning when we lay the final statement. In answer to the question of the noble Baroness, Lady Jones, this will be in the autumn.
The noble Lord, Lord Hodgson, asked about the scrutiny process. We have worked with parliamentary clerks throughout our scrutiny process. The Government are open to feedback on that process, both for this piece of legislation and others. The scrutiny process on the principles was stated in the Act, which was, of course, approved by Parliament.
I turn now to points raised about some of the individual principles. The Environment Act states that environmental protection should be integrated into the making of policies. The policy statement builds on and strengthens this by setting out how this should be done. It states that, in applying the integration principle,
“policymakers should look for opportunities to embed environmental protection”
and enhancement in all policies, subject to the exemptions set out in the Act. I will come to talk about some of those that were raised. This emphasises the need for the environment to be considered as a system across all policy areas from the earliest stages of policy design. This will also help us meet our wider environmental targets, such as climate change mitigation via our net-zero commitments.
I am the Minister for Rural Affairs, so I proof write-arounds from all departments that affect rural communities, the rural economy and rural livelihoods. In the same way, Environment Ministers do that for any policy across government. They make sure that the principles about considering the environment are developed as early as possible in the policy process. That is a job Defra has to do. It is our role in government and one that we are happy to be held to account for.
The prevention principle is intended for use at the earliest stages of policy development. For the principles to be most cost effective and lead to better environmental outcomes, it is preferable for environmental damage to be prevented under the prevention principle. If it is to be addressed after it has occurred, the “rectification at source” and “polluter pays” principles should be considered to reduce, mitigate or disincentivise damage.
Our draft policy statement uses the 1992 Rio declaration definition of the precautionary principle. Its definition states that
“Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”
I suspect I am one of the few people in this Committee, and possibly in this country, who has actually read the European Union’s guidance on the use of the precautionary principle. It is fundamental to the protection of our environment that we interpret it in the right way and are held to account for that. This principle is an important tool that can be used to manage risk and protect the environment. The principle should not hinder innovation but instead support innovative policy approaches.
I reiterate that evidence is as important as ever within policymaking, and we are not undermining this important and well-established principle. I reiterate that to the noble Baroness, Lady Parminter, who made an important and absolutely justified point about the use of words. Sometimes there is one word, whether it is “likely” or “possibly”, and that used in the 1992 Rio declaration definition is “impossible”. We need some evidence of a threat, even where there is lack of certainty of likelihood or severity, to make sure that it is used in the right way.
This principle is being placed on a statutory footing through the Act to reflect its important role in international, as well as domestic, environmental policy. For example, the successful Montreal protocol, which effectively tackled damage to the ozone layer caused by CFC gases, comes right down to these kinds of principles.
The point that the noble Baroness, Lady Boycott, made about Southern Water was absolutely justified, but I expect its chief executive ate his words when he faced a £96 million fine for what it had released into the Solent. More such fines will come as and when—we hope never—further such acts of what is, effectively, criminality take place.
I reiterate that this is an ambitious policy statement that fully meets the requirements of the Act. This includes the requirement placed on the Secretary of State that the statement will, when it comes into effect, contribute to the improvement of environmental protection—I emphasise that—and, of course, sustainable development.
Taking a proportionate approach plays an important part in policy-making. The new duty will ensure that environmental considerations are factored into policy-making, and this must be done in parallel with other policy considerations. This means that Ministers should balance social, economic, and environmental considerations in making policy. Therefore, we have not substantially altered the role of proportionality in the policy statement from the draft we consulted on. We have reviewed the statement as a whole to ensure that the definition of proportionality is consistent and clear.
We understand how important it is to ensure that government departments are prepared for the duty to have regard to the policy statement when it comes into force. I hope that addresses the point made by the noble Baroness, Lady Bakewell. Engagement is therefore already ongoing ahead of the final statement publication, so we are open and listening to suggestions that are being made.
We have engaged with key departments, such as BEIS, the Department for Transport, the Department for Levelling Up, Housing and Communities, and others. This has included workshops and presentations to build understanding of their approach to the new duty and to identify what support would be useful. Several departments are already looking at developing their own tools, such as their own templates. We are working closely with them to share ideas and identify best practice as we develop a toolkit of resources. Within Defra, we are developing pilot studies to test materials and help establish best practice. That toolkit of resources will be shared across government in advance of the final policy statement. It will contain notes, an introductory video, case studies and other materials to support the application of the principles.
We are also developing an online training package for Civil Service Learning. This is aimed at policymakers and legal professionals and is accessible to civil servants across government.
We are engaging at senior level with other departments through the cross-government 25 Year Environment Plan Board and a network of senior ambassadors. We are working to embed the principles in cross-government guidance and processes, including the Treasury Green Book.
We are currently considering arrangements for the implementation period that will follow publication of the policy statement. I understand that noble Lords want clarity on this, but we will have more clarity by the time we publish it and we will be happy to share it, as we know the amount of work that is involved. We are discussing the possible length of that period across government.
The noble Baroness, Lady Bakewell, asked about enforcement and the OEP’s role in it. The duty for Ministers to have due regard to the policy statement on environmental principles falls within the definition of environmental law. As such, once the duty is in force, individuals—any citizen or organisation—could make a complaint to the OEP regarding Ministers’ compliance with this duty. The OEP has powers to investigate and, where necessary, take enforcement action in relation to serious failures by public authorities to comply with environmental law. Nobody doubts its determination or its wonderful chairman’s indefatigable independence. It is flexing its muscles as it develops, and it will be a force for good across government policy-making.
At the end of the implementation period, the legal duty will come into effect and apply to policies made after this date. This includes policies that are in development leading up to this. We must therefore ensure that we balance the importance of bringing the new duty into force as soon as possible with the time needed for departments effectively to implement it. I am sure all noble Lords understand that.
We are discussing and considering internally the best way to evaluate the effectiveness of how the environmental principles are applied—this was the concern of the noble Baroness, Lady Parminter—and how they are applied in the future. However, neither the policy statement nor the Act is prescriptive about how departments should apply and document their implementation of the duty. The most appropriate way to do this will depend on the policy. Different government departments may have different approaches.
My concern is not for my tenure in this office but that future Ministers will be held to account if they do not stick to the letter of this law. Ministers will be responsible for implementing the new duty within their departments and our toolkit will provide templates, guidance and support. Departments will need to consider what records should be kept to demonstrate that the due regard duty has been satisfied.
The question of exemptions was raised, and I remember this lengthy debate during the passage of the Environment Act. As for which policy areas will be exempt from the statement, work is already under way in the Ministry of Defence to design processes that will achieve the outcomes required by the principles duty and to report on actions taken. The work is being led in the MoD’s new climate change and sustainability directorate, which is also responsible for its wider environmental sustainability work and will actively work with Defra and other government colleagues to maintain a coherent and robust approach.
Taxation, spending and the allocation of resources within government are excluded from the remit of the duty. The exemption on the allocation of resources refers to central spending decisions only. Individual policies that require spending will be within scope of the duty to have due regard to the policy statement. The Treasury’s world-leading Green Book already mandates the consideration of environmental impacts, climate change and natural capital on spending.
I add that the new duty goes further than corresponding provisions under the Treaty on the Functioning of the European Union, which are not legally binding for member states. We want to ensure that these principles not only guide our domestic policy, but that they are used properly and transparently, and on all policies that have an environmental impact—not just on environmental policies.
I say to my noble friend Lady McIntosh that the Agriculture Act says:
“In framing any financial assistance scheme, the Secretary of State must have regard to the need to encourage the production of food by producers in England and its production by them in an environmentally sustainable way.”
No farmer in this country should be in any doubt that we want them to produce food, but to do it sustainably. That is the direction of travel of our farming reforms.
I am grateful for this opportunity to hear views on the environmental principles policy statement, and I thank noble Lords here today for this discussion, which has highlighted some really important considerations. It is important that we are able to agree on and implement the final policy statement quickly and effectively. To put environmental protection and enhancement at the heart of policy-making in government, the Government will consider all comments from within this House and beyond received during the parliamentary scrutiny period and will publish a response alongside the final policy statement in the autumn. By integrating these principles into our policy-making, we will contribute to the wider environmental goals set out in the 25-year environment plan, including reducing carbon emissions, improving biodiversity and helping us to become the first generation to leave the environment in a better state than we found it.