Environment Bill

Lord Garnier Excerpts

Report stage
Wednesday 8th September 2021 Lords Chamber

[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.

[Lord Garnier (Con)]

My Lords, we are all being very diffident this evening. I apologise because I did not speak at Second Reading or in Committee on this Bill, but I am as concerned as my noble friend Lord Duncan and the two noble Lords on the Cross-Benches about the way this Bill is going to deal with this particular subject. Unless this amendment is made to the Bill, we will be the poorer for it.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I spoke to and signed the amendment in Committee. I entirely support the new wording. I said in Committee that the judges could be trusted. The Government might have had a little doubt about some of it but, with the changes to the clause, I cannot see what greater protection any Government could legitimately seek.