Environment Bill

Lord Duncan of Springbank Excerpts

Report stage
Wednesday 8th September 2021 Lords Chamber

The OEP, in seeking relief, and the courts in deciding whether or not to grant it, can be counted upon to weigh the competing considerations and to act responsibly. I think the Minister well understands—whatever he is required to say from the Dispatch Box—that the Government cannot credibly claim to have independent and effective safeguards while protecting themselves from being held to account by the very body established for the purpose. The Minister continues to offer discussions and I thank him for that, but if those discussions are to be productive, I sense that one of two things will have to happen this evening: that he undertakes to think again, or your Lordships encourage him to. With that in mind, I propose to test the opinion of the House, if necessary, on Amendment 27.

[Lord Duncan of Springbank (Con)]

My Lords, I am not a natural rebel but I stand in rebellion today. I am troubled by what I see before me. It is always difficult to follow the noble Lord, Lord Anderson, because he has nailed all the key elements. I seek not to repeat but rather to associate myself with what he has said.

I will draw attention to only one aspect. The Explanatory Notes, which, very helpfully, were sent out earlier today, drew attention to one aspect: that the smooth functioning of the planning system depends on investors and developers having confidence that, past a certain point, permission will be upheld. I cannot help but think that we are looking at the smooth functioning of the planning system rather than of the environment, and that would cause me some unease.

For that reason, I am afraid that I must support the noble Lord, Lord Anderson, and will continue to do so until we can achieve a change, which I believe is both necessary and proper.

[Lord Hope of Craighead (CB)]

My Lords, I spoke in support of the amendment in Committee, and I think it is right that I comment on the slightly changed amendment before us. I support it entirely and there are elements in it I would have thought the Government would welcome, particularly proposed new subsection 8A(b), where the court has to have regard to

“the likelihood that the grant of a remedy would cause”,

among other things,

“any detriment to good administration.”

This is a very carefully drafted amendment. It has all the elements one would expect to find in a Bill dealing with the subject we are concerned with. It is also looking at the interests of justice, which any court would want to do in any case. I support the amendment.