Environment Bill

Baroness Parminter Excerpts

Consideration of Commons amendments
Tuesday 26th October 2021 Lords Chamber

Moved by

[Baroness Parminter]

At end insert “, and do propose Amendment 28B in lieu—

28B: Clause 18, page 11, line 24, leave out paragraph (a) and insert—
“(a) safeguarding national security,””

[Baroness Parminter (LD)]

My Lords, I beg to move Motion E1, as an amendment to Motion E—I believe that is the correct phraseology. I read carefully in Hansard the debate on our amendment on the exemptions that we were calling for on the policy statement on environmental principles. I am disappointed that the Government did not support it, but I am grateful for the support for this case from the Labour Benches, the Greens and the SNP.

The Government cited financial privilege as a reason why we should not proceed with this amendment, and of course I accept that on the basis of the reference to the tax-and-spend points in the amendment that we proposed, when it went to the Commons. I am grateful that, in the Commons, the Minister made the point that all departments will be obliged to subject their policy decisions to the rigours of the policy statement on environmental principles. I am mindful that, clearly, the macroeconomic points that the Treasury has are outwith that—but I am grateful.

However, the Government gave no reasons for refusing the point, made by this House, that the MoD should not be completely exempt from having to take account of the policy statement on environmental principles. The Minister’s comments seemed to suggest that there was a fear of legal challenge. I find that quite surprising. I am not a lawyer, but I am well aware that the courts are very well equipped to filter out unmeritorious cases, as they stand. Equally, while we were in the European Union, the MoD was subject to all these provisions, with a very tiny exemption with regard only to security matters pertaining to munitions and arms. So it has been subject to all these requests to take account of environmental principles for, effectively, the last 30 years. There have not been any challenges, and it does not seem to have caused any problems. However, that is the reason that has been cited, so it is the one that I had to address.

For that reason, I narrowed the scope of the disapplication purely to “national security”, in the hope that that would reassure them. Again, I am not a lawyer, but my understanding from lawyers far more eminent that me is that the courts will always defer to the Executive on matters of national security. Therefore, it seemed to me that the proposal that I put forward was reasonable and met the needs, as they saw it, of the MoD to protect its fear of being challenged on urgent operational matters. It seemed to me that it also met this House’s clear desire that all government departments should be subject to having consideration of the environmental principles, with certain particular tightened safeguards. That was also the position of the Environmental Audit Committee, the EFRA committee in the other House and the office for environmental protection, when it gave its first and only advice to the Government, earlier this year.

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I thank all noble Lords who have contributed today, and in personal conversations with myself and my officials, on these measures. I hope that noble Lords have been reassured by my words and I commend the Motion to the House.

[Baroness Parminter (LD)]

I beg leave to withdraw Motion E1.

Motion E1 withdrawn.