Environment Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage
Wednesday 8th September 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl)]

My Lords, I rise to speak to my Amendment 30 in this group, which is similar in intent to Amendment 24 from the noble Lord, Lord Krebs. It is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering; I well recall her efforts on the EFRA Select Committee in the other place, as I was a member of it, in holding the Government to account on a wide range of environmental and agricultural matters.

My amendment also relates to the vital matter of the OEP’s independence. Its scope addresses how this needs to be strengthened in Northern Ireland where, subject to the approval of the Northern Ireland Assembly, we all hope that the body will operate and flourish. My cross-party amendment, also signed by the noble Baronesses, Lady Jones of Whitchurch and Lady Suttie, would provide the OEP with the necessary discretion to undertake its functions, including the enforcement function, in Northern Ireland. It would remove the power for DAERA Ministers to provide guidance to the OEP on its enforcement activity and strengthen the appointment process for the Northern Ireland member on the OEP’s board, requiring this appointment to be subject to the consent of the Committee for Agriculture, Environment and Rural Affairs of the Northern Ireland Assembly.

These amendments, as the noble Lord, Lord Krebs, set out very eloquently in speaking to Amendment 24, are necessary if the new environmental governance framework that this Bill will establish in England and Northern Ireland is to be robust and effective over the long term. I well recall explaining in Committee why the guidance power was inappropriate in principle, as this afternoon’s debate has powerfully reiterated. I also set out the different administrative and political context in Northern Ireland, which serves only to increase concern about such a widely cast power. To recap, my concerns related to the power-sharing nature of the Executive, how cross-cutting matters are dealt with and the potential for the power to be misused against specific parties or public authorities. I also explained my concern about the blurring of accountability that can result from the power, not least because front-line environmental regulation is currently carried out by the Northern Ireland Environment Agency, which resides within and is ultimately accountable to DAERA and its Minister.

In addressing the strong concerns raised by noble Lords across the House, the Government’s response has been to propose some extra procedure around the guidance power. I know the Minister has outlined those issues this evening through his various government amendments and in correspondence to us over the Recess, but those amendments fail to grasp the seriousness of the matters we have been raising. The amendments will not protect the OEP from directive guidance issued by an overly zealous Minister, nor do they require that any concerns that the Assembly might express be heeded. They are not an appropriate response to the depth and breadth of concern that many noble Lords outlined this afternoon and in Committee.

I carefully read the letter the Minister addressed to us, announcing the Government’s amendments, during the Recess. My understanding is that the Government’s noble objective of ensuring accountability for the proper use of public money and effective functioning of public bodies is driving the rationale for their approach to the OEP. As someone who has been involved in local and regional politics in Northern Ireland since 1985, I recognise and respect this. However, there are other and, I suggest, better ways to achieve the Government’s objective. It is about establishing the OEP as a non-departmental public body; the tailored review process which all such bodies undergo is a far more effective vehicle to discuss and address any issues regarding their operational effectiveness.

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Moved by

[Baroness Ritchie of Downpatrick]

30: Schedule 3, page 160, leave out lines 2 to 16 and insert—
““25A OEP independence in Northern Ireland(1) The OEP has complete discretion in the carrying out of its functions in Northern Ireland, including in—(a) preparing its enforcement policy,(b) exercising its enforcement functions, and(c) preparing and publishing its budget.(2) In making and terminating appointments under paragraph 2(2B) and paragraph 5(8B) of Schedule 1, the Northern Ireland Department must obtain the consent of the Committee for Agriculture, Environment and Rural Affairs of the Northern Ireland Assembly.””Member’s explanatory statement
This amendment aims to ensure that the OEP is as independent as possible in Northern Ireland.