Key Facts

• Clause 38 of the Environment Bill permits the OEP to decide not to publish a statement if it deems it not in the public interest.
• The speaker questions the criteria for such decisions and seeks assurance on transparency and accountability.
• Paragraph 340 of the explanatory notes compares this clause to how the European Commission operates.
• Amendment 113 has not been signed by any member of the Committee.
• No one wishes to move the amendment.
• The Committee will proceed to clause 41.
• Amendment 126 seeks to insert 'but including sites of archaeological, architectural, artistic, cultural or historic interest insofar as they form part of the landscape' into clause 41.
• Example sites include Maiden castle near Dorchester and Twmbarlwm mountain with an iron age burial mound.
• The amendment does not give the Office for Environmental Protection any additional duties regarding these monuments.
• The amendment aims to bring buildings or other structures that have become part of the natural environment into consideration.
• The Office for Environmental Protection (OEP) must remain focused on environmental protection, not cultural heritage issues.
• The 25-year Environment Plan includes a commitment to safeguarding and enhancing natural scenery while considering its heritage.
• The amendment seeks to add “(d) the marine environment,” to clause 41 of the Environment Bill.
• The UK has a uniquely extensive coastline in Europe and relies heavily on maritime resources.
• Paragraph 355 of the explanatory notes states that 'water' includes both seawater and freshwater.
• The clause defines natural environment as "plants, wild animals and other living organisms", their habitats, land, air, and water.
• Cherilyn Mackrory argues that land extends under the sea, which should be covered by the Bill.
• Alan Whitehead suggests defining 'water' to include internal waterways but not necessarily territorial waters beyond the coast.
• The Committee has been discussing clause 41 for over an hour.
• James Gray is chairing the Committee.
• Government amendments 31 and 65 insert the word “advising” into clause 42(d) of the Bill.
• The OEP would not be able to monitor or enforce legislative provisions without including “advising”.
• Alan Whitehead questions why the word “advising” was omitted in previous iterations of the Bill.
• The amendment would remove exceptions for legislative provisions relating to armed forces and national security matters from the definition of 'environmental law'.
• Rebecca Pow suggests that removing the word 'mainly' could bring a large amount of legislation into OEP's scope.
• Deidre Brock highlights the need for oversight on potential environmental damage caused by the armed forces in Scotland.
• Exemptions cover highly sensitive matters vital to protection and defence of the UK.
• Legislative provisions concerning national security include the continuous at-sea nuclear deterrent.
• The MOD has its own environmental policies, including work with protected species and habitats.
• Amendment 78 was tabled by previous members who are no longer part of the committee.
• The Government proposed to table new amendments concerning illegal deforestation in supply chains and due diligence requirements.
• Alan Whitehead's amendment is an essential defining element of a future new clause (new clause 5) about due diligence for overseas timber supplies.
• Amendment proposed: page 127, line 6 in schedule 2 to ensure Northern Ireland has interim and long-term environmental targets.
• The Department of Agriculture, Environment and Rural Affairs is given a duty to meet these targets with annual reports.
• New clause 24 discusses guidance on OEP’s enforcement policy and functions for Northern Ireland.
• The amendment provides power for the Secretary of State to issue guidance on matters listed in clause 22(6).
• The OEP must have regard to this guidance when preparing its enforcement policy and exercising functions.
• Schedule 1(17) requires the Secretary of State to protect the independence of the OEP.