Environment Bill

Lord Oates Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Lord Oates (LD)]

I declare my interest as chairman of the advisory board of Weber Shandwick UK.

The Bill comes before the House following Professor Dasgupta’s influential review of the economics of biodiversity. The opening paragraph of that review sets out the stark challenge that we face.

“We are totally dependent upon the natural world”,


it reminds us, and goes on to say:

“It supplies us with every oxygen-laden breath we take and every mouthful of food we eat. But we are currently damaging it so profoundly that many of its natural systems are now on the verge of breakdown.”


The report goes on to highlight that

“our demands … far exceed Nature’s capacity to supply”

us with the goods and services that we all rely on; that biodiversity is declining faster than at any time in human history; that our unsustainable engagement with nature is endangering the prosperity of current and future generations; and that at the heart of the problem lies deep-rooted, widespread institutional failure. The report warns us that reversing these trends requires action now. The Bill has to be measured against these challenges and, while I welcome much of it, regrettably, it falls short in a number of respects.

The first of these is on targets. Instead of action now, we have action sometime in the future. While the framework for setting environmental targets is to be welcomed, we need to have binding interim targets alongside the long-term ones so that we can ensure that we get started on the journey, underline the urgency of taking action now and ensure that Ministers can be held accountable for targets in the immediate future. In some cases, such as air and water pollution and water conservation, we simply need far more ambitious measures now.

Secondly, where we needed a powerful, independent office for environmental protection, backed up by the full force of the law, the Bill gives us a hobbled regulator, its independence compromised by the ability of Ministers to interfere in how it carries out its enforcement functions and its effectiveness undermined by the constraints placed on judicial enforcement, as my noble friend Lady Parminter pointed out. As briefings from the Bingham Centre and ClientEarth have highlighted, the Bill curtails the power and discretion of the courts. Extraordinarily, Clause 37(7) states:

“A statement of non-compliance”


by the court

“does not affect the validity of the conduct in respect of which it is given.”

Clause 37(8) compounds this reversal of legal precedent by constraining the power of the court to provide a remedy if that would

“cause substantial hardship to, or substantially prejudice the rights of”

any third party.

In its briefing, ClientEarth gave an indicative example of how absurd this is. If a permit for a new mine was granted with a failure to consider the impact on air quality, such that the operation would cause serious pollution and adverse health impacts for many years, the court could not quash it unless it could show that it would not cause serious hardship to the mine owner or substantially prejudice their right to operate the mine. The court would obviously not be able to do that; as a result, the mine could operate indefinitely, regardless of its impact. Far from addressing the institutional failures that Professor Dasgupta highlighted, the compromises to the independence of the OEP, and the constraints on the courts’ ability to enforce environmental law, bake that failure in from the very start. I am sure that noble Lords will wish to improve the Bill in this area during its passage through this House.

Another area that will need to be addressed is the role of local authorities in protecting biodiversity. While the Bill has much to say about the duties of local authorities—as my noble friend Lady Parminter said, that is welcome—it has next to nothing to say about their powers to carry out these duties. Local authorities are on the front line in protecting biodiversity and they need to be empowered to do so. Consequently, I intend to table amendments in Committee that would allow local authorities to designate land as a site at risk of biodiversity loss, with associated powers to inspect such land and enter into conservation covenant agreements with landowners, as provided for in Part 7 of the Bill.

We welcome the fact that this Bill is finally before this House but we regret that the urgency of action that the Dasgupta Review called for is largely absent, despite the Minister’s declaration just a few minutes ago that we can wait no longer to act. We regret that institutional weaknesses remain abundant and are, in fact, reinforced by the Bill. Improvements to the Bill need to be made across a wide range of issues, including tackling air pollution, protecting local and international biodiversity, acting to end the financing of deforestation, enforcing packaging waste responsibilities, conserving water resources and protecting rivers from pollution.

However, there is good news for the Minister, who I do not doubt would prefer a much more effective Bill, given his personal commitment to this subject. We intend to help him out by working across the House to bring forward constructive amendments to strengthen the Bill and tackle the urgent challenges that noble Lords, including the Minister, have so starkly highlighted.