Environment Bill

Debate between Baroness McIntosh of Hudnall and Baroness McIntosh of Pickering

Committee stage
Monday 28th June 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to support Amendment 81A, which I have co-signed. I support entirely the comments made by the noble and learned Lord, Lord Hope of Craighead, in moving it.

I want to raise a very narrow point with my noble friend the Minister. It relates to the second part of Clause 19(8). Subsection (8) states:

“‘Existing environmental law’, in relation to a statement under this section, means environmental law existing at the time that the Bill to which the statement relates is introduced into the House in question, whether or not the environmental law is in force.”


This posed quite a question at the time of the withdrawal Act and the subsequent statutory instruments on retained EU law, particularly as the water framework directive was being considered and revised. Unfortunately, we had an empty-chair policy at the time, so were not at the council meetings when this was discussed, but it begs the question of which water framework directive, for example, is now enshrined in UK law. Is it the one that we previously agreed to or is it the one that was subsequently revised at the time of our departure from the European Union?

The second and last question that I have for my noble friend the Minister relates to a jolly good read which I commend to him: the 22nd and final report of the European Union Committee, Beyond Brexit: Food, Environment, Energy and Health. It was adopted by the European Union Sub-Committee, on which I was privileged to serve. In paragraph 148, the report sets out that the trade and co-operation agreement

“negotiated by the Government will affect the policy choices available to devolved administrations and legislatures in areas of devolved competence including the environment.”

That perhaps relates more to the previous amendment, Amendment 80A, but also to the amendment before us now.

The report goes on:

“There are already diverging environment and climate change goals across the UK, which could indicate challenges ahead. We urge the Government to address any concerns raised by the devolved administrations regarding the TCA’s environment and climate change provisions—via the Common Frameworks programme or other routes—as fully and promptly as possible.”


Scotland has now set up its equivalent to the office for environmental protection, the name of which escapes me completely—I think it is Environment Services Scotland—so it has an operation that is already up and running. We will not have ours in place until July. Have any issues already arisen in this regard, as we are slightly later in our programme than we would have hoped to be? Also, have any of these issues been identified and raised under the common frameworks programme? That is in addition to my earlier question about, for example, the water framework directive.

With those few remarks, I am delighted to lend my support to Amendment 81A.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I understood that the noble Baroness, Lady Bennett, had withdrawn from this debate—but she is shaking her head at me, so I assume that she wishes to speak. I think I should make it clear that her name is listed as having withdrawn; however, I will call her now.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to move Amendment 89 and speak to Amendment 90. I am grateful to the noble Lord, Lord Bruce of Bennachie, for his support. I also thank the Law Society of Scotland for suggesting that this was worthy of probing by way of an amendment at this stage. It follows on from the little debate we have just had.

As my noble friend the Minister said in summing up the last group of amendments—and as Schedule 1 very clearly sets out—the appointment of a chief executive is to be by non-executive members of the OEP and the other executive members are to be appointed by the OEP. There are regrettably, and unusually, a couple of typos in the amendment on the Marshalled List. Clearly, it should not state that “he member” but “the member” has become insolvent or has been convicted of a criminal offence. I just mention that in the rare event that the Committee might want to adopt the two amendments, which—I hasten to add—I do not intend to press at this stage.

I have tabled these two amendments to introduce a definition for being unable or unfit to remain a member. This would give greater legal certainty as to the circumstances in which a person may be removed from office as a non-executive member of the OEP. As present, the Bill does not provide further detail as to the basis for determining whether a member is unable or unfit to carry out their functions. The amendment specifies that this would be the case when a member becomes insolvent or has been convicted of a criminal offence. The amendment is intended to bring greater specificity to the provisions of the Bill while still providing sufficiently wide scope to take account of other circumstances where the individual is otherwise unable or unfit to discharge the functions of a member or is unsuitable to continue as a member. I understand that there are similar appointee-removal processes in relation to other bodies, such as the Scottish Police Services Authority, set up under the Police, Public Order and Criminal Justice (Scotland) Act 2006, and the Scottish Legal Complaints Commission, set up under the Legal Profession and Legal Aid (Scotland) Act 2007.

On Amendment 90, where prior notice should be given for the removal of such a person, it is intended that the Secretary of State would consult with the chair of the OEP in this regard. This would impose a duty, which I understand is currently not in the Bill, on the Secretary of State to consult with the chair of the OEP prior to giving notice to remove a non-executive member from office. The reason for this is that the consultation provides for an additional layer of scrutiny; the requirement for the Secretary of State to consult with the chair of the OEP will help to ensure openness and transparency regarding the Secretary of State’s actions.

Does any procedure exist that I am not currently aware of whereby such a person deemed unfit can be disqualified from holding office in these arrangements? What procedure is intended other than what I have set out in Amendments 89 and 90? With those few words, I beg to move.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I had thought that the noble Baroness, Lady Jones of Moulsecoomb, intended to speak, but she is not in her place. The noble Duke, the Duke of Wellington, has withdrawn, so I call the next speaker, the noble Viscount, Lord Trenchard.

Domestic Abuse Bill

Debate between Baroness McIntosh of Hudnall and Baroness McIntosh of Pickering

Report stage
Wednesday 10th March 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I will speak briefly in support of my noble friend the Minister and congratulate her on bringing forward this group of amendments. It shows that a serious issue has been raised and the Government have risen to the challenge and addressed it. It is extremely important, for the reasons that others have set out. I congratulate my noble friend Lord Polak and others on the work that they have done in bringing us to this place.

I will raise one concern with my noble friend the Minister, which was addressed by the noble Lord, Lord Hunt, and which I think we are all aware of. We are yet to assess the implications of the pandemic and the recent Budget on local government finances. I seek assurance from my noble friend because there is a genuine concern out there. I know that many authorities, such as North Yorkshire and many others in rural areas, prioritise the most vulnerable in society—young people, children and the elderly—but there is concern that their budget and resources are severely stretched. While I welcome the amendments, particularly government Amendment 17 and the others set out by my noble friend, we are entirely dependent on local authorities having the provision to make this happen. Is she entirely convinced that they will have the resources to enable them to do so?

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I should make it clear that the noble Baroness, Lady Watkins of Tavistock, has withdrawn from the debate, so we shall not be hearing from her on this occasion. I call the next speaker, the noble Baroness, Lady Finlay of Llandaff

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[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

I have a request to ask the Minister a short question from the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, may I address head on two points that the Minister has raised? First, the case has been made of how difficult it is to access the evidence and whether it is in the public interest to put this in the public domain. This is an extremely sensitive area and we have done our best to provide the evidence on the two occasions when my noble friend has requested it. Secondly, there is a legislative loophole. The Government undertook to come forward with regulations to establish the regulatory framework to set the standards in place and they have failed to do so. For what reason have the Government not brought forward these regulations and why are they not prepared to bring them forward at this time? I am at a loss to understand why that is the case.

Economy: Update

Debate between Baroness McIntosh of Hudnall and Baroness McIntosh of Pickering

Tuesday 28th April 2020 Lords Chamber

[The Deputy Speaker]

Yes. As the Minister was not able to hear, the noble Lord should indeed ask his question again.

[Baroness McIntosh of Pickering (Con)]

Will the noble Baroness be able to stop the clock, if questions are being repeated?

[The Deputy Speaker]

I will seek clarification on that point, but I anticipate that we will be able to do that. Now we have the noble Lord, Lord Agnew, again—splendid. Would you kindly say a few words so that we can be sure that everyone can hear you?