Environment Bill

Michael Fabricant Excerpts

Wednesday 20th October 2021 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

I join colleagues in sending our love, prayers and thoughts to the families of David Amess and James Brokenshire on their terrible loss.

I want briefly to talk about the office for environmental protection and say why I hope the House will support Lords amendment 31. The OEP is the answer to the question. It is at the heart of the Bill. Having left the European Union, everyone asked themselves, “Who is going to oversee the enforcement of environmental law?” and the Government have come up with the OEP, which we all support. On many occasions, in answer to the question, “Who will ensure that these targets are met?”—for example, that on halting species’ decline—the reply from Ministers has been, “The office for environmental protection”.

Ministers have repeatedly said, as the Minister has again today, that they support the independence of the OEP, including in enforcement, yet they want the power to issue guidance to it about the way in which it enforces its responsibilities. I simply say that the great still unanswered question in this particular debate about the Bill is; why do the Government want this power?

When Lord Goldsmith was debating this in the other place, he said that

“a guidance power is necessary to help ensure that the OEP continues to carry out its functions as intended.”—[Official Report, House of Lords, 8 September 2021; Vol. 814, c. 880.]

That sentence is laden with meaning. We could say that it contains a touch of gentle warning. We could argue that it suggests that the Government are not wholly confident that the OEP will go about its work in the way that Ministers intended, because they want to be able to issue guidance about the way in which it does its job. I simply say that, having looked at the debates in the Lords and heard what the Minister had to say today, I still have not heard an answer as to why this guidance power is required. In practice, could the OEP ignore such guidance? We do not actually know what the guidance would contain, and I am not aware that Ministers have given a single example of what they would try to say in such guidance.

Other public bodies have very important functions. For example, as far as I am aware, the Equality and Human Rights Commission is not subject to similar guidance from Ministers about the way in which it carries out its work. Ministers have said that it is not about direction, but it is about accountability. Could someone explain to me exactly what the difference is between the two things? I am not sure that I see a difference and nor did the Lords in the other place. That is why I think we should stick with what is contained in Lords amendment 31.

[Michael Fabricant (Lichfield) (Con)]

On a point of order, Madam Deputy Speaker. I am sorry to interrupt this debate, but colleagues may or may not be aware that, this week of all weeks, there is now a demonstration in Parliament Square involving Piers Corbyn. The people there have erected a gallows—gallows to be used against Members of Parliament. I would suggest that at the very least it is not only crass and unthinking, but that it must also be a breach of public order. I simply rise to ask whether there is anything that can be done about it.

[Hilary Benn]

Further to that point of order, Madam Deputy Speaker. I am very glad that the hon. Member for Lichfield (Michael Fabricant) has raised this matter, because I saw that set of gallows as I was coming into the House today and I spoke to the police outside the gates. I said, “I don’t know who the protestors are; I couldn’t see. If they are protesting against capital punishment in other countries, good luck to them, but if they have put that gallows and that noose there, directed at us, especially given the events of the last week, it is not only crass—that is a very gentle description of what they have done—but scandalous.” The police officer to whom I spoke said, “Well, we could go over and have a word with them.” It is not acceptable, because it is a threat. We should be able to carry out our job without being threatened by people out in Parliament Square. I hope that the House authorities might be able to follow up the point, and I am grateful to the hon. Gentleman for raising it.