Office for Environmental Protection

Baroness McIntosh of Hudnall Excerpts

Monday 20th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

The intention of the enforcement options is clear: to get the transgression rectified. The OEP will have the ability to issue an information notice; if that is not resolved, it can issue a decision notice. If failure is still unresolved, the OEP may seek a legal challenge through an environmental review in the Upper Tribunal. There are all sorts of mechanisms by which the OEP’s intention and remit is to rectify whatever is contrary to environmental law.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, in an earlier answer, the Minister said—if I heard him right—that the OEP staff would be somewhere between 60 and 120 people. That is a very large margin. Since capacity will be critical to the OEP’s ability to fulfil its duties—indeed, to it having the teeth referred to by the noble Baroness, Lady Jones of Moulsecoomb—can he say how the numbers are to be determined and why that margin is quite so wide?

[Lord Gardiner of Kimble]

Yes, I asked rather the same question of officials, if I may say so. The OEP must lay its annual statement of accounts before Parliament, including an assessment of whether it has been provided with sufficient funds to carry out its functions. Clearly, we want to get the OEP set up and we need to establish a board and a chair before it becomes operational. We will have to see. As I say, I used the figure of 60 to 120 people. It may be 100. We are not setting a distinct figure. What we want is for the job to be done properly.