Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, what weight his Department plans to give to advice from the Office for Environmental Protection given under Clause 29(3) of the Environment Bill; and whether that advice will be (a) requested and (b) published (i) in the event that any changes to the REACH Regulation are under consideration by his Department and (ii) in advance of any statutory change being laid.

The Government intends to fully consider any advice provided by the OEP. The OEP will build up comprehensive expertise and therefore a Minister may regularly ask it for advice. Clause 29(1) of the Environment Bill states that the Minister can ask the OEP to provide advice on proposed changes to environmental law, including any relevant amendments to the UK REACH Regulation. The Environment Bill states that the OEP must provide advice at the request of a Minister. The OEP may also provide advice on its own initiative to any proposed changes to environmental law as defined in clause 45. To maintain transparency and independence, the OEP must publish its advice as stated in clause 29(5). If a Minister required the OEP to provide advice, the OEP must also publish the request, along with any matters it was required to consider.

The regulation-making powers and associated duties contained in Schedule 20 to the Environment Bill are also subject to parliamentary scrutiny through the affirmative resolution procedure and potentially to judicial review.