Key Facts

• James Gray reminds the committee about the correct procedure for speaking during amendments.
• He suggests standing up to catch the chair's attention while the amendment mover speaks.
• Amendment 93 is proposed by James Gray.
• The amendment targets Clause 18, page 11, line 19 of the Bill.
• It seeks to remove exceptions for armed forces and defence policy from considering environmental principles.
• The MP has submitted numerous parliamentary questions on the matter.
• A letter from the Minister for Defence People and Veterans regarding Cape Wrath is overdue since February of that year.
• Scientists for Global Responsibility estimate that 6% of global greenhouse gas emissions result from military-related activities.
• Environmental assessments made by the MOD are not published.
• The carbon footprint of UK military spending was approximately 11 million tonnes of CO2 in 2018.
• £38 billion was spent on defence last year alone—more than 2% of GDP.
• MOD manages 431,400 hectares of land within the UK used for training, accommodation and large bases.
• MOD is responsible for some of Britain's most unspoilt and remote areas with statutory obligations to protect habitats and species.
• The MOD controls approximately 431,000 hectares of land and has rights over an additional 207,400 hectares.
• This land is the size of Essex plus half of Greater London.
• The current legislation exempts the armed forces from environmental principles.
• James Gray's amendment aims to remove exceptions for armed forces and defence policy from having due regard to environmental principles.
• The amendment is defeated by a vote, with Ayes 6 and Noes 10.
• The MOD owns or controls nearly 2% of the UK’s landmass.
• More than a third (38%) of this area is designated as sites of special scientific interest.
• Amendment 94 seeks to remove exceptions for tax, spending and resources from the requirement to have due regard to environmental principles.
• The amendment aims to ensure that taxation decisions also consider environmental impacts.
• Rebecca Pow explains that maintaining the exemption is crucial for sound economic and fiscal decision-making.
• Amendment 195 requires consultation on criteria and thresholds for determining significance.
• Amendment 196 mandates inclusion of an independent assessment and government's proposed response in the report.
• Amendment 197 demands an oral statement to Parliament following the laying of the written report.
• Amendment 195 seeks to define what is meant by “significant” in reporting on international environmental protection legislation.
• The clause currently leaves it up to the Secretary of State's subjective judgment without any accompanying definition.
• The Government proposes retaining flexibility and subjectivity to ensure the report covers a wide range of developments.
• Amendments 195 to 197 are grouped together.
• Amendment 197 would require the Secretary of State to make an oral statement about the report as soon as reasonably practicable following its laying before Parliament.
• The amendments aim to improve transparency and accountability in environmental protection measures.
• The UK ratified the Aarhus convention in 2005.
• The UK remains a party to the convention independently of the EU.
• Clause 20 requires the Government to review significant developments in international environmental protection legislation.
• Amendment 179 would add the requirement that appointments must be with the consent of the Environmental Audit and Environment, Food and Rural Affairs Committees.
• Paragraph 2 of schedule 1 states the Secretary of State must consult the Chair before appointing other non-executive members.
• The amendment aims to prevent a cascading lack of independence in the OEP if the chair is appointed without proper scrutiny.
• The Environment, Food and Rural Affairs Committee and the Environmental Audit Committee will jointly carry out pre-appointment hearings with the Secretary of State’s preferred candidate for the OEP chair.
• Ministers are accountable to Parliament for public appointments but retain the ability to make final determinations.
• The OEP chair is classed as a significant appointment requiring a senior independent panel member on the advisory assessment panel.
• The appointment of the first chair of the Office for Environmental Protection has undergone scrutiny by two Select Committees.
• Select Committees pushed for and welcomed the opportunity to scrutinize potential chairs.
• There is debate over whether this process should be enshrined in legislation or left as a parliamentary procedure.
• Amendment 154 seeks to remove sub-paragraph (3).
• The amendment targets directions given by the Secretary of State to the interim chief executive.
• Paragraph 4(3) allows for an interim chief executive to act in accordance with any directions from the Secretary of State.
• Amendment 154 seeks to remove sub-paragraph (3) of paragraph 4 in the Environment Bill.
• The amendment challenges why a specific provision requiring an interim chief executive to act according to the Secretary of State's directions exists.
• There is concern about centralising power with the Secretary of State regarding the OEP's operations.
• The interim chief executive's role includes staff recruitment and administrative decisions.
• The permanent chief executive will be in place by autumn 2021.
• A team within Defra will receive and validate complaints against criteria for complaining to the OEP.
• If a quorate board is not in place, the Secretary of State can direct the interim chief executive.
• The amendment requires the Chair’s approval for civil servants or other external persons as interim chief executive.
• Paragraph 4(4) of schedule 1 allows for an interim chief executive who could be a civil servant, undermining the independence intended for the OEP.
• The current chair has the authority to act as a guardian of the OEP's independence once appointed.
• The role of the interim chief executive is crucial for ensuring the Office for Environmental Protection (OEP) is up and running on time.
• The Secretary of State has the power to appoint an interim chief executive if a quorate board is not in place soon enough to make necessary decisions.
• Appointment delays could undermine the OEP's timely operation.
• The OEP chair's appointment process is under way.
• The interim chief executive role may be short-term but will have decision-making powers for setup purposes only.
• The Secretary of State must legally regard protecting the OEP’s independence in making appointments as per paragraph 17 of schedule 1 to the Bill.
• The environment in Scotland is largely a devolved matter.
• Clause 40(2)(f) provides for information sharing between OEP and equivalent bodies in devolved Administrations.
• Clause 24(4) places a duty on the OEP to consult its devolved equivalents on relevant matters.
• The Law Society of Scotland provided feedback on the Environment Bill.
• BBIA and REA submitted their concerns regarding the bill.
• Aldersgate Group, Forest Peoples Programme, UKWIN among others have also provided input.