Environment Bill

Baroness Winterton of Doncaster Excerpts

Consideration of Lords amendments
Wednesday 20th October 2021 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendments 28, 40 and 59. If the House agrees to any of these Lords amendments, I shall ensure that the appropriate entry is made in the Journal.

Before Clause 1

Purpose and declaration of biodiversity and climate emergency

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

I beg to move, That this House disagrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Lords amendment 2, and Government motion to disagree.

Lords amendment 3, and Government motion to disagree.

Lords amendment 12, and Government motion to disagree.

Lords amendment 28, and Government motion to disagree.

Lords amendment 31, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 33, and Government motion to disagree.

Lords amendment 75, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendments 4 to 11, 13 to 27, 29, 30, 32, 34, 35, 64, 69 and 70.

[Rebecca Pow]

I am delighted to be cracking on with the Environment Bill. It has dominated my whole life as an Environment Minister, but I hope we all agree that it has only got the stronger for it. Make no mistake that this is a landmark piece of legislation that will increase our resource efficiency and biodiversity, drive improvements in air and water quality, and put us on the sustainable trajectory for the future that I believe we all want and need.

Even though the Bill has not been before the House for some time, it has grown, developed and strengthened in that time. My officials have been working tirelessly with all others involved to bring forward a whole range of measures in the Bill. We have already launched five local nature recovery strategy pilots, we have appointed Dame Glenys Stacey as chair-designate of the office for environmental protection, and we have consulted on the extended producer responsibility, the deposit return scheme and consistent recycling collections in England.

The Bill is packed with positive measures, but I am delighted that the Government have improved it even further. [Interruption.] There is lots of agreement from the Opposition Benches—excellent. Lords amendment 4 and its consequential amendments will require the Secretary of State to set a new, historic, legally binding target to halt the decline of species by 2030. That is a bold, vital and world-leading commitment. It forms the core of the Government’s pledge to leave the environment in a better state than we found it.

In the same vein, the Government acknowledge that the climate and biodiversity situation is an emergency. I am very pleased to say that that was referenced by the Prime Minister himself, who pledged to

“meet the global climate emergency”

in his foreword to the net zero strategy, which was published just yesterday. However, addressing those twin challenges requires action rather than declarations, which is why the Government are acting now. We have committed to set a new historic legally binding target to halt the decline in species abundance by 2030.

--- Later in debate ---

[Rebecca Pow]

For the last time, and then I will need to make some progress.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I am very conscious that a lot of Members want to speak and that the debate has to finish at 4.36 pm, so I think we need to bear that in mind.

[Caroline Lucas]

Apologies, Madam Deputy Speaker; it is only my second intervention, and it will be my last for the moment.

On environmental principles, may I ask the Minister about the consultation on the policy statement? As I understand it, the Government’s response to it is still delayed. Can she tell us when we can expect to see it and why it has been delayed for so long?

--- Later in debate ---

[Rebecca Pow]

Northern Ireland is included in this, but it has to decide whether it wants to commence the powers. It is up to it to do so.

Lords amendment 33 relates to the OEP’s enforcement powers—a complex issue, but an important one. I want to be clear with the House about what the amendment would do: it would remove protections for third parties brought into the OEP’s process of environmental review that have been specifically designed in recognition of the unique nature of this type of legal challenge. That is unacceptable. The OEP will be able to bring cases to court, potentially long after the decisions in question have been taken and outside the standard judicial review limits. Impacts on third parties must therefore be considered.

To give an example, quashing planning permission or consent for a block of flats many months or years after the decision was taken, when significant building works might already have commenced, would result in substantial hardship. We need to ensure that the key principles of fairness and certainty are upheld for third parties who have acted in good faith on the basis of certain decisions. The amendment would offer no such protections for third parties, so we cannot accept it.

I will conclude by briefly mentioning other Government amendments made in the Lords in relation to devolution, which I hope this House will support. Those amendments will, among other things, promote co-operation between the OEP and devolved environmental governance bodies and create clarity and consistency on the use of the environmental principles across the Union.

I am pleased to be backing the Environment Bill

Royal Assent

[Madam Deputy Speaker (Dame Rosie Winterton)]

I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts and Measure:

Health and Social Care Levy Act 2021

Compensation (London Capital & Finance plc and Fraud Compensation Fund) Act 2021

Safeguarding (Code of Practice) Measure 2021.