Environment Bill

Baroness Henig Excerpts

Committee stage
Wednesday 30th June 2021 Lords Chamber

Relevant documents: 3rd Report from the Delegated Powers Committee, 4th Report from the Constitution Committee

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

I will call Members to speak in the order listed. During the debate on each group, I invite Members, including those in the Chamber, to email the clerk if they wish to speak after the Minister. I will call Members to speak in order of request. The groupings are binding. A participant who might wish to press an amendment other than the lead amendment in a group to a Division must give notice in debate or by emailing the clerk. Leave should be given to withdraw amendments. When putting the Question, I will collect voices in the Chamber only. If a Member taking part remotely wants their voice accounted for if the Question is put, they must make this clear when speaking on the group.

Clause 29: Advising on changes to environmental law etc

Debate on Amendment 103 resumed.

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[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

The noble Baroness, Lady Boycott, has withdrawn from this amendment, so I call the noble Baroness, Lady Young of Old Scone.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I support Amendment 103 in the names of the noble Baroness, Lady Parminter, and the noble Lord, Lord Teverson. Clause 27 attempts to delineate the OEP’s scrutiny and advice functions, but it is too tightly drawn. It is much to be welcomed that the OEP can monitor and report on environmental improvement plans and targets, and on the implementation of and changes to environmental law, but, for the avoidance of doubt, the amendment is necessary to enable the OEP to give advice on any other matter relating to the natural environment. It is a sweeping-up amendment so that if there is some environmental ghastliness that otherwise would not be within the OEP’s ambit, this provision would allow it to take up the issue and give advice. It is a sensible provision which enhances the OEP’s independence and flexibility, and I hope that the Minister can simply accept it.

I also support the amendment from the noble Baroness, Lady Jones of Moulsecoomb, requiring the Secretary of State to report to the OEP anything he used to report to the European Commission. I know that the Government do not want to carry on as if Brexit had never happened, and unnecessary reporting could be ceased provided that it was reviewed by the OEP and an adequate reason was given. However, several areas of data and reporting have already been lost as a result of their no longer being reported to the Commission, including issues of ambient air quality, pollutant emissions and the implementation of some key fisheries rules.

The issues lying behind Amendment 114 have already been aired in the debate on Amendment 78, so I shall not labour them. Environmental protection is indeed as vital as defence and security to our well-being and our very existence. The importance of issues of taxation and spending or the allocation of resources for the environment has already been demonstrated. The exclusions listed in Clause 45 cannot go forward without the OEP being debarred from some key areas. Subsection (1) must also be challenged. Environmental law is there defined as

“legislative provision … that … is mainly concerned with environmental protection”.

Many laws would be not be considered to be

“mainly concerned with environmental protection”,

but they have a big impact on the environment. There is a huge list—I think immediately about planning legislation, transport legislation, energy, agriculture, fisheries, housing and food. I could keep on listing, but your Lordships would be here all day. We need to press the Minister on whether he truly believes that the OEP should be able to consider these issues and not just what is in the tightly prescribed provision in the Bill.

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Clauses 30 to 36 agreed.

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

We now come to the group beginning with Amendment 104. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 104

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