INSPIRE (Amendment) (EU Exit) Regulations 2020

Baroness Bakewell of Hardington Mandeville Excerpts
Wednesday 9th September 2020

(4 years, 2 months ago)

Grand Committee
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Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, I am grateful to the Minister for his introduction to this statutory instrument. On first reading it, I fear I did not understand what it was all about. I am grateful to the Library for the briefing it provided, which greatly assisted my understanding.

Like the majority of statutory instruments, this is a transference from EU law into UK law and makes little difference to how the country will operate post Brexit. In this case, data sharing is key to environmental planning. As this data is already collected, it may not add an additional burden to those who collect the data.

INSPIRE—the Infrastructure for Spatial Information in the European Community—is basically a data collection methodology. Regulation 2 provides for the common provision of monitoring and reporting. Proposed new article 2.2, to be introduced by Regulation 2(2), states:

“The appropriate authority shall make all results of monitoring in accordance with regulation 14(3)(b) of the INSPIRE Regulations … accessible to the public on the internet or using other appropriate means of telecommunication.”


That is to be welcomed, but just how easy is it for the public to access this information? Do they know that the information is there?

As the Minister said, INSPIRE was established in 2007 and requires public bodies in EU member states to produce certain datasets. The publication of this data is intended to improve environmental decision-making by government. Proposed new article 9, to be introduced by Regulation 2(9), covers the publication and updating of summary reports. Proposed new article 9.1 states:

“By no later than 31 March 2021, the appropriate authority shall publish a report containing summary descriptions of … how public sector providers and users of spatial data sets and services and intermediary bodies are coordinated, the relationship with third parties and the organisation of quality assurance … how the infrastructure for spatial information is used … how public authorities share data … the costs and benefits”,


et cetera.

All this is extremely interesting and important. Can the Minister say who these public bodies and public authorities are? Who is likely to want to access this information? Is it local authorities, the police, the fire service or the NHS? Who are the appropriate authorities collecting the information—and for whom, if not for their own purposes—in terms of environmental planning? The noble Baroness, Lady McIntosh of Pickering, asked a similar question. Accident statistics for highway improvements and data on river catchment areas to assist with flood alleviation are obvious targets. There is reference to charities. Can the Minister say which charities are required to collect this type of data?

The Explanatory Memorandum tells us:

“This instrument corrects deficiencies that arise in the INSPIRE Regulations 2009 … This instrument also amends The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 [1350/2019] to address deficiencies that arise from the amendments to the INSPIRE Directive.”


The Minister referred to that. However, neither he nor the Explanatory Memorandum says what those deficiencies are. Can he tell us what the deficiencies were and how this SI will improve the outcomes?

The Government have not produced an impact assessment for these regulations. However, they have said that they would not have a

“significant impact on business, charities or voluntary bodies”

or the public sector

“as existing regulatory standards have not changed.”

Can the Minister reassure us that the changes will result in fewer rather than more bureaucratic burdens?

I note that both the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee looked at this SI and have no concerns. I therefore feel I should be content to agree to its passage, but I would be grateful if the Minister could answer some of my queries.