Environment Test From Patch Testing (First sitting)

Debate between Deidre Brock and Alan Whitehead

Monday 16th August 2021 Public Bill Committees

[Dr Whitehead]

[Deidre Brock]

Environment Bill (Twenty Second sitting)

Debate between Deidre Brock and Alan Whitehead

Committee stage & Committee Debate: 22nd sitting: House of Commons
Thursday 26th November 2020 Public Bill Committees

[Dr Whitehead]

Further to that point of order, Mr Gray. At the risk of straining the point of order, I would like to add my thanks at the conclusion of our Bill Committee proceedings. They have been immensely long, as my hon. Friend the Member for Putney has enumerated, with 230 amendments and 35 new clauses. I thank you, Mr Gray, for your purposeful, elegant and impartial chairing of our proceedings, and I hope you will pass on our thanks to Sir George for his part in proceedings. I thank the Minister for her immense optimism and terrific jackets, and for the courteous and good-hearted way she has conducted proceedings throughout. I appreciate that undertaking a Bill of this length is a tremendous burden, and I appreciate her fortitude and perseverance in carrying through that job.

I want to single out the Committee Clerks for thanks. They have been a wonderful source of assistance, help and wise guidance, and they have enabled us to do our part as well as we have been able to. Finally, I thank other Opposition Members. I think it will be agreed that they are not a team of journeymen and women; they are a team of Galácticos in their own right, and I thank them for their contributions to scrutinising this Bill so well.

We are, naturally, very disappointed that we have not been able to strengthen the Bill as we had hoped to do, but we will continue with that task on Report and in the other place. We hope that our doing so will help to make it a Bill that we can all be proud of, when it comes to strengthening our country’s natural environment resources and providing the protections that must flow from that; we all agree that we want the Bill to do those things. I welcome the end of this Committee, for obvious reasons, but we can all be proud of our contribution to getting the Bill to this point, and I thank everybody on the Committee for their part in proceedings.

[Deidre Brock]

Further to that point of order, Mr Gray. On behalf of my hon. Friend the Member for Gordon and myself, and with a slightly nervous eye on the clock, I thank all Members of the Committee for their good-humoured and thorough approach to the Bill. I have certainly appreciated that. I thank you, Mr Gray, and Sir George for your chairship. I thank the Clerks for their assistance, which has been much appreciated, and I thank the various representatives from Hansard who have sat through lengthy hours of this Committee. Although much of what we have debated has not covered Scotland, it has been instructive to hear from Members from all parts of the Committee about the approaches that are being taken. I wish England very well in all its efforts to create a much healthier and more vibrant, biodiverse and attractive environment for all its citizens.

Environment Bill (Twelfth sitting)

Debate between Deidre Brock and Alan Whitehead

Committee stage & Committee Debate: 12th sitting: House of Commons
Tuesday 10th November 2020 Public Bill Committees

[Dr Whitehead]

The hon. Gentleman tempts me to go down a detailed path of discussing subterranean water outlets. I assume, because water is within our land mass, that those would be covered by the elision of land mass and water, which is suggested by the clause. Without going into a lengthy disposition about how far under the ground water might be counted as being covered under this arrangement, we can rest assured that those matters are not a serious issue of dispute.

That is why I do not want to go into enormous detail. The amendment is straightforward and short. It proposes several words that would put the matter to rest. It just states in a modest way that the definition should include the marine environment, so that if anyone is in any doubt, there it is in the Bill. That is all we are suggesting. There is no side to that. There are no additional consequences. It merely says we should be clear that that is what it includes. I think we all agree that it should include that.

This morning, we were treated to a quote from the explanatory notes, which indicated that the marine environment should be included, but it is not. We are just doing a modest labour in the vineyard by attempting to ensure that when people say something, they mean what they say. The best way to ensure that people mean what they say is to say it. That is what we propose to do on the face of the Bill.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Amendments 125 and 193 have similar intentions. My amendment was meant as a probing amendment. I will not revisit the areas that the shadow Minister has eloquently gone through. My assumption was that the marine environment was considered for inclusion here and the decision was taken to exclude it. I would be interested to hear from the Minister what the rationale was for that.

Obviously, marine life is just as vital to the global ecosystem as terrestrial life, and the health of marine environments also needs to be protected. There may be some other agencies responsible, which the Government reckon should do the job, but surely there is a good case to be made for an agency with an overarching view of these tasks and challenges for the whole environment. I look forward to the Minister’s comments.

--- Later in debate ---

[Dr Whitehead]

I thank the Minister for her response—she had a good go at it. We will not withdraw our concern, but as the Minister has given some reassurance about how the term “mainly” might be interpreted and has indicated that some thought was given to that prior to the Bill’s drafting, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Deidre Brock]

I beg to move amendment 115, in clause 43, page 26, line 10, leave out paragraph (b).

This amendment removes the exceptions for legislative provisions relating to armed forces and national security matters from the definition of ‘environmental law’ for the purposes of the scope of the OEP’s functions.

I thank the Minister for her kind words and would like to correct myself slightly because I did not welcome her back to her place earlier. I am very pleased to see her and am glad that she has recovered.

The armed forces are potentially among the biggest polluters. The evidence from Scotland demonstrates that there has to be some oversight of the potential for environmental damage. I mentioned that previously in respect of the issues that have arisen. The nuclear bases on the Clyde do some work with SEPA—the Scottish Environment Protection Agency—and local authorities to alert them to some instances, but not all. Even those scant measures are the subject of voluntary agreements rather than obligations or regulatory oversight. No information is forthcoming, however, on the rest of the defence estate across Scotland. I imagine there is nothing about the estates across England either.

We know that the MOD does environmental assessments because it told me so in answer to written questions, but that information is kept secret. That is not good enough. We all have to play our part. As I have said, no individual Department should be completely excused from shouldering that responsibility. The phrase “so far as is reasonably practical” is used in a lot of legislation from which defence and our armed forces are exempt, and it could be too easily used as a get-out when that suited. It is time for that loophole to be removed, and for oversight to be in a place whereby such activities could receive independent and robust scrutiny that—while allowing for sensitivities around national security and similar matters—ensured that activities could be monitored satisfactorily. I look forward to the Minister’s response.

Environment Bill (Tenth sitting)

Debate between Deidre Brock and Alan Whitehead

Committee stage & Committee Debate: 10th sitting: House of Commons
Thursday 5th November 2020 Public Bill Committees

[Dr Whitehead]

My hon. Friends have made powerful contributions on the overall independence of the OEP and the circumstances under which that independence can be enhanced or undermined. In terms of our general discussions this morning, hon. Members will see that the importance of the OEP—its crucial role in holding other bodies to account and possibly taking them to court—puts the OEP into a reasonably unique category as far as such bodies are concerned. Comparisons with some of those other bodies fall rather short in terms of making a distinction between the importance of the OEP and, indeed, the importance originally attached to it by previous Secretaries of State in introducing the Bill in the first place.

That, essentially, is a theme that we will be pursuing today, and amendment 156 is part of that. While I hear what the Minister says about the Department’s ability to guide and control part of the OEP’s actions, it is not good enough, in the context of the formulation before us, to say that the independence of the OEP can be compromised for the purposes set out. We do not intend to pursue the point to a Division this morning, but in terms of the corpus of our contributions on this clause, I want to place on record that the same goes for the debate later today, and we hope that those comments will be heard.I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 1 agreed to.

Clause 22

Principal objectives of the OEP and exercise of its functions

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I beg to move amendment 189, in clause 22, page 13, line 16, leave out subsection (5).

This amendment removes the restriction on the OEP overlapping with the Committee on Climate Change.

--- Later in debate ---

[Deidre Brock]

I thank the Minister for that brief but adequate explanation.

[Dr Whitehead]

I think we can claim a little collective win on this. We have been concerned about the possible clash between the remit of the Committee on Climate Change and that of the OEP, almost since the publication of the Bill. I think the matter was raised in proceedings before they were suspended earlier in the year. To avoid duplication and a possible treading on each other’s toes, it is really important that there is not a mix-up between what the OEP does on elements of the climate change and environmental remit, and what the Committee on Climate Change is doing.

The amendments that the Government tabled to clarify and codify that distinction, which also refer to Northern Ireland, seem a positive step forward in how we decide what we are going to do. In a moment, we will come to an amendment that tries to clarify that for another Government body. I welcome these amendments.

Environment Bill (Eleventh sitting)

Debate between Deidre Brock and Alan Whitehead

Thursday 5th November 2020 Public Bill Committees

[Deidre Brock]

I am just trying to establish this from the Minister: all these bodies are included in the reference to the Scottish Government—to “the Scottish Ministers”. I think that that is what the Minister is saying. If that is indeed the case, although I stick to my point that all matters of the environment should be under the aegis of the Scottish Government, I am content to withdraw my amendment at this point, but I might revisit it on Report and Third Reading. We will, of course, be speaking to other amendments relating to the same matter later on. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 24 ordered to stand part of the Bill.

Clause 25

Monitoring and reporting on environmental improvement plans and targets

[Dr Alan Whitehead (Southampton, Test) (Lab)]

I beg to move amendment 98, in clause 25, page 15, line 26, at end insert

“including setting out what action will be taken”.

This is a fairly simple and straightforward amendment, which I hope will be taken in a fairly simple and straightforward manner. In subsections (9) and (10) of clause 25, there is provision for the Secretary of State to do certain things. By the way, I cannot resist emphasising that on this occasion the Secretary of State “must” do them. Subsection (9) states:

“The Secretary of State must—

(a) respond to a report under this section, and

(b) lay before Parliament, and publish, a copy of the response.”

Subsection (10) states:

“Where a report under this section contains a recommendation for how progress could be improved, the response must address that recommendation.”

But the clause does not include a provision for setting out what action the Secretary of State might take in response to that report. Amendment 98 would add the words,

“including setting out what action will be taken”.

It would be a prudent addition to the Bill, ensuring that when the Secretary of State is responding to an annual reporting process, he or she responds to the fact not just that there is a report, but that there is a report and that action should be taken. The Secretary of State ought to record at the same time as responding to the report what actions he or she is going to undertake.

--- Later in debate ---

[Deidre Brock]

I am somewhat reassured by the Minister’s comments. He has basically given me the same assurance as he gave for amendment 190—that all the bodies covered in the amendment are already covered by references to either “(d) a devolved legislature” or “(e) the Scottish Ministers”. I am happy with that assurance and will not press amendment 191.

[Dr Whitehead]

Likewise, although we think it would be a good idea to have the words in amendment 117 in the Bill, we are a little reassured by what the Minister has said, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 28 ordered to stand part of the Bill.

Clause 29

Complaints

[Deidre Brock]

I beg to move amendment 192, in clause 29, page 17, line 5, leave out subsection (4).

This amendment would allow public bodies to report the actions of other public bodies where they are at fault.

The amendment has come about because it seems a little strange to me that public bodies would be excluded from the reporting side of the system, particularly as public bodies might be reckoned to be rather more likely to receive knowledge about breaches. If public bodies should be held to account, why is it sensible for them to not aid in holding other public bodies to account? Reports made by those carrying out public functions are not likely to be less valid, or less based on true concern, so I do not feel they should be discounted. I am keen to hear the Minister’s response, because, as I say, it seems a strange part of the Bill.

[Deidre Brock]

I am not entirely convinced by the Minister’s response. My point about public bodies being more likely to hear of potential breaches from other public bodies still stands, but I will reflect a little more on what he has said. I will withdraw the amendment, but I might revisit it in future. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 29 ordered to stand part of the Bill.

Clause 30

Investigations

[Dr Whitehead]

I beg to move amendment 5, in clause 30, page 18, line 6, leave out “may” and insert “must”

Where the OEP carries out an investigation this amendment seeks to ensure that it is made public.

This is another “may” and “must” amendment, which draws attention to an interesting passage of “mays” and “musts” in this clause that culminates in letting the OEP off. Subsection (1) states:

“The OEP may carry out an investigation under this section if it receives a complaint”

made under the previous section. Subsection (2) states that it

“may carry out an investigation under this section without having received such a complaint if it has information that, in its view, indicates that…a public authority may have failed to comply with environmental law, and…if…the failure would be a serious failure.”

So it can carry out an investigation.

However, subsection (4) states:

“The OEP must notify the public authority of the commencement of the investigation.”

So there is a requirement and a duty on the OEP to tell the public authority what it is doing about the investigation. Not only must it tell the public authority, but under subsection (5) it must

“prepare a report on the investigation and provide it to the public authority.”

Then, subsection (8) states that the report should set out

“whether the OEP considers that the public authority has failed to comply with environmental law…the reasons the OEP came to that conclusion, and…any recommendations the OEP may have”.

So there is quite a powerful set of instructions to the OEP as to what it may do when it carries out an investigation into a public authority and how it is supposed to prepare a report. It must set out the things that I have just cited.

After all that, subsection (9) states:

“The OEP may publish the report or parts of it.”

Or it may not; it may keep it to itself and put it in a cupboard. Having done all that, the OEP is not required to do anything about it. However, subsection (10) states:

“If the public authority is not a Minister of the Crown, the OEP must also…notify the…Minister of the commencement of the investigation, and…provide the relevant Minister with the report prepared under subsection (5).”

So the OEP must provide the Minister with something if the public authority is not a Minister of the Crown, but it does not have to publish the report. It is not clear whether the Minister has to do anything if the OEP does not, although the OEP, instead of leaving the report in the cupboard, might send it across the Minister’s desk.

We therefore have a circularity that ends in a dead end, if it is possible to conceive of such a thing. That concerns me, because if I were the interim chair of the OEP and I was not completely au fait with everything that it ought to do or not do, I would take that passage to mean that the OEP does not actually have to do very much. I do not think that is good enough; the OEP should be bound by what it is required to do in the case of these investigations.

Environment Bill (Ninth sitting)

Debate between Deidre Brock and Alan Whitehead

Committee stage & Committee Debate: 9th sitting: House of Commons
Tuesday 3rd November 2020 Public Bill Committees

[Dr Whitehead]

I beg to move amendment 94, in clause 18, page 11, line 20, leave out paragraph (b).

This amendment removes the exceptions for tax, spending and resources from the requirement to have due regard to the policy statement on environmental principles.

Bearing in mind that we have had something of a debate on this subsection overall, I need not detain the Committee long on this amendment, other than to say that it is a mystery to me that taxation, spending or the allocation of resources should be exempted in the same way that the armed forces should be exempted. The Minister defined why the armed forces should be exempted: they are doing things in the national interest and pursuing our defence. But taxation, spending and the allocation of resources are not doing that. They are doing things that are important to the country but do not come under that definition at all. I cannot understand the justification for exempting them from the provisions on the policy statements on environmental principles or what the exemption’s effect will be. I look forward to hearing from the Minister what her justification for this particular exemption is. I presume that it does not relate to national security or defence manoeuvres or activities that we should be pleased happen but do not need to know too much about. It would seem that this falls outside all those categories. There must therefore be some other reason and I am sure that we are about to hear about it.

[Deidre Brock]

The amendment would bring tax and spend into the scope of the Bill. I am glad that Labour is also addressing this because when I mentioned this on Second Reading, few Members seemed to have grasped it. It is a really important point. If we are not considering the big issues of politics and the spending on them, we are not putting the environment high on the list of priorities. Likewise, if environmental considerations do not play a part in taxation decisions, we are missing a great chance to influence people’s behaviour and help save our planet.