Key Facts

• Amendment seeks to add specific Scottish public bodies to clause 24.
• The amendment aims to avoid overlapping duties between UK and Scottish regulators.
• Public authorities in Scotland would be excluded from sharing information with the OEP for devolved functions.
• The amendment aims to change 'may, if the Minister sees fit,' to 'must' in clause 27.
• Clause 27(6) allows Ministers to lay before Parliament the advice given by the OEP and any response made to this advice.
• Subsection (1) of clause 27 requires the OEP to publish its advice on changes to environmental law.
• Amendment 117 aims to clarify definitions under environmental law compliance.
• The amendment seeks to expand the scope of 'public authorities' to include Ministers, government departments, and public bodies.
• Amendment 192 seeks to remove subsection (4) of clause 29.
• The amendment aims to allow public bodies to report breaches by other public bodies.
• Brock argues that public bodies are likely to receive knowledge about breaches and should be able to aid in holding others accountable.
• The hon. Lady tabled an amendment regarding public authorities' ability to submit complaints to the OEP.
• Public authorities are expected to resolve disputes constructively and through existing mechanisms.
• A person working for a public authority can still make a complaint personally, not on behalf of their organisation.
• There are existing laws providing discretion for public bodies not to publish reports under certain circumstances.
• Some investigations may involve matters of significant sensitivity or confidentiality.
• Clause 38 already requires the OEP to publish a statement at key stages in the enforcement process.
• The amendment seeks to change 'may' to 'must' for issuing information notices.
• Clause 32 requires the OEP to have reasonable grounds to suspect a serious breach of environmental law before issuing an information notice.
• Amendment 205 and corresponding changes in amendment 206 aim to ensure all OEP's notices are clear and transparent.
• Amendment 118 is proposed to Clause 33 of the Environment Bill.
• The amendment allows the OEP to direct public authorities to rectify failures in compliance with environmental law.
• The amendment requires public authorities to comply with these directions.
• Amendments 207, 210, 211, 212, 214, and 216 are proposed.
• The change will ensure all OEP’s legal proceedings are heard in the High Court.
• Alleged breaches of environmental law by anyone will be heard in the same forum, the High Court.
• The amendments transfer proceedings from the Upper Tribunal to the High Court.
• The Government previously supported the Upper Tribunal approach for greater use of specialist environmental expertise.
• The amendment allows any person with sufficient interest to apply for an environmental review if the OEP decides not to.
• Amendment 123 allows any person with sufficient interest to apply for an environmental review if the OEP does not.
• Amendment 124 sets out how such a person may intervene in legal proceedings and be protected from costs.
• The Minister acknowledges that people will have an interest in cases brought by the OEP but believes it is inappropriate to override established procedures.
• Amendment 119 aims to define the purpose of environmental reviews.
• Amendment 120 would enable the upper tribunal to treat OEP notices as authoritative in related issues.
• The Government believes current provisions allow for proper review and weight to be given to OEP decisions.
• Amendment 121 would allow greater leeway for remedies granted by the upper tribunal.
• Amendment 80 would permit financial penalties to be issued by the upper tribunal if deemed necessary.
• Amendment 184 seeks to introduce remediation requirements that mandate the restoration of environmental harm caused.
• Amendment 217 provides that the OEP may only bring a judicial review under Clause 36 in urgent cases.
• Amendments 218 and 219 define what is meant by 'urgent'.
• The urgency condition must be necessary for the OEP to proceed through this route rather than normal enforcement procedures.
• Amendments 218 and 219 provide conditions under which a case is urgent for judicial review.
• Amendment 220 enables the OEP to intervene in proceedings if the alleged failure would be serious.
• Clause 36, as amended, was ordered to stand part of the Bill.