Environment Bill

Baroness Watkins of Tavistock Excerpts

Committee stage
Wednesday 30th June 2021 Lords Chamber

Before I end, I will directly address the challenge laid down by the noble Lord, Lord Anderson. Although I do not have a copy of the letter in front of me and therefore cannot repeat it word for word, I assure him that it is the Government’s view that the OEP’s complaints and enforcement functions would not affect the rights of other persons to bring legal challenges against public authorities by way of a judicial review. However, it is within the court’s jurisdiction to hear and decide cases as it sees fit. I hope that addresses his final challenge. I hope this reassures all noble Lords, and I therefore beg them not to press their amendments.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

I have received requests to speak after the Minister from the noble Lord, Lord Berkeley, and the noble Baroness, Lady McIntosh.

[Lord Berkeley (Lab)]

My Lords, I have listened very carefully to this debate, particularly to the many noble and learned Lords who gave very powerful arguments in support of the amendments we have been discussing. I certainly believe that they have made some very strong cases. I was particularly interested in the comment from the noble and learned Lord, Lord Mackay, about the two levels of law, environmental and other ones. That is pretty fundamental. We have had a lot of discussion about penalties, enforcement, fines and the relationship with the ECJ, and whether fines are important or whether reputational damage is perhaps worse. There is also judicial review, which I will not go into now.

I am sad that it appears that the Minister has rejected all the arguments in these amendments. If they get through in Report, they will make a much better Bill than we have at the moment. I was really impressed with the suggestion from the noble Lord, Lord Cormack, that there needs to be much more round-table discussion on this before the next phase. If not, I foresee big problems on Report. The most important thing is that the House and Members from all sides achieve something that we can all be proud of. From listening today, I certainly am not proud of it at the moment, but I hope that the Minister will reflect on this and organise something before the next stage.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

We now come to the group beginning with Amendment 108A. Anyone wishing to press this, or anything else in this group, to a Division, must make that clear in debate.

Clause 42: Confidentiality of proceedings

Amendment 108A

Moved by

--- Later in debate ---

Amendment 109 not moved.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

We come to the group beginning with Amendment 110. Anyone wishing to press this or anything else in the group to a Division must make that clear in debate.

Clause 43: Meaning of “natural environment”

Amendment 110

Moved by