European Union (Withdrawal) Bill

Lord Puttnam Excerpts

Report: 1st sitting: House of Lords
Wednesday 18th April 2018 Lords Chamber

We therefore believe that this amendment is important to fill the governance gap which will occur when we no longer have to abide by EU policies or report on progress to EU institutions. It also protects our environment against inadvertent errors or incomplete transpositions, which, sadly but inevitably, will occur. I therefore hope that the Minister will take these comments seriously and will feel able to give a positive response, and if not, as the noble Lord, Lord Deben, said, that she will come back at Third Reading with an alternative proposition to the very well thought out amendment we have put forward this evening.

[Lord Puttnam (Lab)]

My Lords, I support the amendment spoken to by the noble Lord, Lord Deben, but I will comment briefly from a slightly different angle. During the 1980s, I spent seven very happy years as president of the Council for the Protection of Rural England—a title which I suggest would thrill even the most ardent Brexiter. It was a marvellous organisation. Founded in 1926, it was the pioneer of environmental protection—both urban and rural—here in the UK, and many of its policies were copied by other European nations. Since our accession to the European Union, they have in fact been enhanced within the EU. It would be quite extraordinary if there were any possibility that we would reverse out of those environmental benefits that have accrued over the years—pioneered, I repeat, by a British organisation, the CPRE. Any legislation that would go some way towards securing, developing and building on what we have would be entirely welcome, but anything that would endanger that I would oppose vehemently.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I will speak briefly to this amendment, to which I have added my name. There is little I can add to what the noble Lord, Lord Deben, and the noble Baroness, Lady Jones, said so eloquently. The current Clause 4 is unsuitable, so we have submitted a proposed new Clause 4, which covers a much broader area than the environmental concerns. However, because so much environmental legislation stems from the EU, it is particularly important for the Government’s environmental commitments that we carry these forward.

The amendment aims to preserve more comprehensively than the existing Clause 4 rights, powers, liabilities, obligations, restrictions, remedies and procedures, all derived from EU law and incorporated into domestic law via the ECA. Where such rights are incorrectly or incompletely transferred it imposes a duty to remedy this, and we feel that it is important that the Government take this duty on board. There will be transition gaps and incomplete transfers. Examples of transition gaps which put environmental protection at risk include, as the noble Baroness, Lady Jones, said, the requirement to review and report on adequacy and implementation of laws such as the air quality directive and the habitats directive. As the noble Lord, Lord Deben, said, if we are not doing this in the right way, will the Minister please tell us which way we should be doing it? I fully support this amendment and I will support the amendment that comes forward on Monday.