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Environment Bill - Sitting 10

05 November 2020

Proposing MP
George Howarth Lab
Knowsley
Type
Public Bill Committee

At a Glance

Issue Summary

The amendment seeks to establish a five-year indicative budget for the Office for Environmental Protection (OEP) and allow it to request additional funding if necessary. MP George Howarth apologises for scheduling issues during the Environment Bill discussion and acknowledges his return after a long absence. The statement discusses the proposed amendment to schedule 1 of the Environment Bill to ensure the Office for Environmental Protection (OEP) has absolute independence. The statement addresses concerns about the independence of the Office for Environmental Protection (OEP) as outlined in the Environment Bill. George Howarth is discussing amendments related to the Environment Bill concerning the objectives of the Office of Environmental Protection (OEP) and its functions. The statement discusses amendments to clarify the roles and avoid overlap between the Office for Environmental Protection (OEP) and the Committee on Climate Change. The statement discusses an amendment to align Ofgem's responsibilities with environmental and climate change considerations as per the Climate Change Act 2008. George Howarth is discussing Government amendments 203, 208, and 209 which aim to clarify the circumstances under which the Office for Environmental Protection (OEP) may bring an environmental review. The statement addresses amendments to clause 22 regarding the Office for Environmental Protection's (OEP) ability to intervene in judicial reviews involving environmental law breaches. The statement discusses the procedural difficulties in voting on specific amendments within the Environment Bill and expresses a desire to record that members wished to vote on amendment 220 but were procedurally required not to.

Action Requested

The amendment proposes that at the start of each five-year period, the Secretary of State must publish an indicative budget for the OEP and respond to any requests for additional funding due to changes in its functions. The goal is to ensure financial independence and clarity for the OEP's operations.

Key Facts

  • At the beginning of each five-year period, the Secretary of State would publish a five-year budget for the OEP.
  • Each subsequent period of five years will also have an indicative budget laid before Parliament.
  • The amendment allows the OEP to request additional funding if its functions change.
  • George Howarth apologises for scheduling issues.
  • He mentions a seven-month absence.
  • Amendment 156 aims to change paragraph 17 of schedule 1.
  • Current wording: 'In exercising functions in respect of the OEP, the Secretary of State must have regard to the need to protect its independence.'
  • Proposed wording: 'In exercising functions in respect of the OEP, the Secretary of State must protect its independence.'
  • The current Bill fails to adequately protect the independence of the Office for Environmental Protection (OEP).
  • Amendment 156 would change the wording in the Bill to ensure that the Secretary of State 'must protect' rather than merely 'have regard to' the OEP’s independence.
  • Examples from Canada and the UK's Treasury Select Committee demonstrate successful models for independent watchdog appointments.
  • Amendment 189 seeks to remove subsection (5) of clause 22.
  • Government new clause 4 introduces a Memorandum of Understanding.
  • George Howarth expresses concern about areas of climate change committee activity being excluded from OEP oversight.
  • Government amendments 30 and 66 and new clause 4 aim to clarify roles between the OEP and the Committee on Climate Change.
  • Amendment 189 would remove clause 22(5), which is opposed by the government as it weakens the provision ensuring clarity of roles.
  • The amendments will be determined later in the proceedings.
  • Amendment seeks to amend the Energy Act 2013.
  • Ofgem currently lacks a formal climate and environmental brief.
  • Government plans to publish an energy White Paper ahead of COP26.
  • Amendment 203 is consequential on Amendment 208.
  • Government amendment 203 ensures the OEP's enforcement policy will set out a consistent approach in determining whether a serious failure has occurred throughout its enforcement process.
  • The amendments specify that an environmental review can only be brought if the OEP is satisfied on the balance of probabilities that there has been a failure to comply with environmental law.
  • Government amendment 220 focuses on OEP's ability to intervene in judicial reviews.
  • Amendment requires OEP to consider breaches as 'serious' before intervention.
  • There is no clear definition of what constitutes a 'serious' breach in the Bill.
  • Amendment 204 was agreed upon.
  • A Division occurred with Ayes 9 and Noes 5.
  • The speaker indicates a desire to record that members wanted to vote on amendment 220 but were procedurally unable to do so.
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