Environment Bill

Neil Parish Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 26th February 2020 Commons Chamber

[Neil Parish (Tiverton and Honiton) (Con)]

It is a great pleasure to speak in this debate on the Second Reading of the Environment Bill. I am pleased that the Government have reintroduced the Bill and I am also pleased that there is a degree of co-operation with the Opposition. It is important that we get the Bill absolutely right.

In the previous Parliament, the Environment, Food and Rural Affairs Committee conducted pre-legislative scrutiny of the previous Bill, and I am pleased that the legislation has moved towards some of our recommendations. For example, I welcome the fact that the Government will set a multi-annual budget for the Office for Environmental Protection and have included climate change within its remit. We just need to make sure that there is enough money for the OEP to run properly.

I wish to make three points about how the Bill can be improved. First, concerns have been expressed that in some areas, such as target setting, the Bill might allow a weakening of standards—for example, on air quality. I welcome the plan to set a target for particulate matter, but it is planned only for 2022, and we do not know how ambitious the target might be. At this early stage, I urge the Government to set an example and match the World Health Organisation guidelines for dangerous emissions such as particulate matter. The British Heart Foundation estimates that the number of heart attacks and stroke deaths linked to air pollution could exceed 160,000 by 2030, unless action is taken. DEFRA has already carried out a study that shows that it can achieve World Health Organisation standards of 10 micrograms per cubic metre by 2030, so I urge the Government to set that target. Let us put that target into law now and use the Bill to improve human health as well as our natural environment.

Secondly, it is vital that we set up the Office for Environmental Protection now that we are outside the EU; however, it needs to be independent of Government and have the teeth to bite. The OEP will not be independent if it is constantly worrying about having its budgets cut, so will the Government commit to a multi-annual budget settlement, the enshrinement in law of which I would welcome?

[Carla Lockhart (Upper Bann) (DUP)]

I think we all agree that we certainly do not want an OEP that is a toothless tiger; we want one that can react to and govern the climate and nature emergency in which we find ourselves. We need clarity as to whether the OEP will be set up, particularly in England and Northern Ireland, as of 1 January 2021.

[Neil Parish]

Naturally, there is the matter of how the OEP works with the devolved Administration in Northern Ireland, but I agree that it needs to have those powers. I am sure that the Secretary of State will have listened to the hon. Lady’s intervention.

The appointments process in the setting up of the OEP should follow the Office for Budget Responsibility model, in which the Treasury Committee can veto the Chancellor’s choice. I am sure that my great friend the Secretary of State would not mind giving away some of his new fiefdom to the EFRA Committee, but we will wait and see. I offer that to him—or perhaps he might offer it to me.

My final point on the OEP is that my Committee concluded that judicial review is not the most appropriate enforcement mechanism for environmental cases because it focuses on process rather than outcomes and leaves the decision making to the lawyers. That is a really important point. I welcome the tribunal model in the Bill, because I hope that it will allow environmental specialists to have a role. We need practical solutions for when the Government are in breach—such as we have with air-pollution plans—rather than lawyers and going through process all the time. We really want to make sure that we get the experts in place.

[Anthony Mangnall (Totnes) (Con)]

Does my hon. Friend believe it is necessary to make sure that there is a time limit for the investigations that the OEP might undertake, so that we can see a speedy reaction to any issues that may arise?

[Neil Parish]

My hon. Friend makes a good point. We do not want to waste years in the courts; these things have to be done quickly. We need practical solutions for when the Government are in breach, just as we have with air pollution plans. I am still concerned that the environmental review outlined in the Bill is just a judicial review by another name. We have a great opportunity to build on our strong commitment to the environment. We all want to leave the environment in a better place than we found it. Will the Secretary of State look again at some of our Select Committee proposals, because the Bill can still be strengthened in many areas? One final point on the OEP is that the judicial review is not the most appropriate enforcement mechanism for environmental cases. We therefore need a more practical solution.

Finally, I ask the Government, as we have made a commitment to improve the environment, to look not only at the Environment Bill, but at the Agriculture Bill and the Fishing Bill, because they all fit together. As yet another round of flooding seems likely in the future, the Environment Bill will be important, as will be the Agriculture Bill. Fitting the two together with new land management projects will be a very good way of making sure that we can deliver a catchment-area basis for flooding. We can also improve our environment and work with the water companies on holding more water and on making sure that the reservoirs do not overflow. We can also look at the rewetting of peatland. All of those things can be done, but they must be linked with the Environment Bill.

Finally—I am sure that this is in the minds of Ministers and the Secretary of State—we must ensure that we join up the Environment Bill with the Agriculture and Fishing Bills, and also make sure that, as we drive towards a better environment, we do so across the whole of Government. This cannot just be done by the Department for Environment, Food and Rural Affairs, because things such as delivering on air quality can only be achieved across Government.

I look forward to the Bill being read a Second time. It is taking us in the right direction, but let us also look at the independence of the OEP. We also need to make sure that tribunals deal not just with legal matters, but with environmental matters. With that, I very much welcome the Second Reading of this Bill.