Public Bill Committee: 19 March 2020                  

43

Environment Bill, continued

Dr Alan Whitehead

Luke Pollard

Ruth Jones

Daniel Zeichner

Jessica Morden

Thangam Debbonaire

Abena Oppong-Asare

153

Clause  131,  page  118,  line  29,  leave out “on such day as the Department of

Agriculture Environment and Rural affairs in Northern Ireland may appoint” and insert

“at the end of a period of six months beginning with the day on which this Act is passed”

Rebecca Pow

63

Clause  132,  page  119,  line  38,  leave out “the National Assembly for Wales” and

insert “Senedd Cymru”

Member’s explanatory statement

See Amendment 28.

Rebecca Pow

64

Clause  132,  page  119,  line  39,  leave out “Assembly” and insert “Senedd”

Member’s explanatory statement

See Amendment 28.

Rebecca Pow

NC4

To move the following Clause—

“Memorandum of understanding

(1)    

The OEP and the Committee on Climate Change must prepare a memorandum of

understanding.

(2)    

The memorandum must set out how the OEP and the Committee intend to co-

operate with one another and avoid overlap between the exercise by the OEP of

its functions and the exercise by the Committee of its functions.”

Member’s explanatory statement

This new clause requires the OEP and the Committee on Climate Change to prepare a

memorandum of understanding, setting out how they will co-operate with one another and avoid

overlap in the exercise of their functions.

Public Bill Committee: 19 March 2020                  

44

Environment Bill, continued

Dr Alan Whitehead

Luke Pollard

Ruth Jones

Daniel Zeichner

Thangam Debbonaire

Abena Oppong-Asare

Jessica Morden

Alex Sobel

NC1

To move the following Clause—

“The environmental objective

(1)    

The environmental objective is to achieve and maintain a healthy natural

environment.

(2)    

Any rights, powers, liabilities, obligations, restrictions, remedies and procedures

arising from this Act must be enforced, allowed and followed for the purpose of

contributing to achievement of the environmental objective.”

Member’s explanatory statement

This new clause is intended to aid coherence in the Bill by tying together separate parts under a

unifying aim. It strengthens links between the target setting framework and the delivery

mechanisms to focus delivery on targets.

Dr Alan Whitehead

Luke Pollard

Ruth Jones

Daniel Zeichner

Thangam Debbonaire

Abena Oppong-Asare

Jessica Morden

Alex Sobel

NC2

To move the following Clause—

“Environmental standards: non-regression

(1)    

The Secretary of State has a duty to ensure that there is no diminution in any

protection afforded by any environmental standard which was effective in UK

domestic law on IP completion day.

(2)    

In this section, “IP completion day” has the same meaning as in section 39 of the

European Union (Withdrawal Agreement) Act 2020.”

Member’s explanatory statement

This new clause looks to set a floor of environmental standards by taking a snapshot of EU

standards at the end of the implementation period and giving the Minister a duty to uphold those

standards as a minimum.

Public Bill Committee: 19 March 2020                  

45

Environment Bill, continued

Dr Alan Whitehead

Luke Pollard

Ruth Jones

Daniel Zeichner

Thangam Debbonaire

Abena Oppong-Asare

Jessica Morden

Alex Sobel

NC3

To move the following Clause—

“Well consents for hydraulic fracturing: cessation of issue and termination

(1)    

No well consent which permits associated hydraulic fracturing may be issued by

the Oil and Gas Authority (“OGA”).

(2)    

Sections 4A and 4B of the Petroleum Act 1998(as inserted by section 50 of the

Infrastructure Act 2015), are repealed.

(3)    

Any well consent which has been issued by the OGA which—

(a)    

permits associated hydraulic fracturing and

(b)    

is effective on the day on which this Act receives Royal Assent shall

cease to be valid three months after this Act receives Royal Assent.

(4)    

In this section—

“associated hydraulic fracturing” means hydraulic fracturing of shale or

strata encased in shale which—

(a)    

is carried out in connection with the use of the relevant well to

search or bore for or get petroleum, and

(b)    

involves, or is expected to involve, the injection of—

(i)    

more than 1,000 cubic metres of fluid at each stage, or

expected stage, of the hydraulic fracturing, or

(ii)    

more than 10,000 cubic metres of fluid in total, or

(iii)    

acid intended to dissolve rock; and

“well consent” means a consent in writing of the OGA to the

commencement of drilling of a well.”

Member’s explanatory statement

This new clause, as a response to recent hydraulic fracturing exploration activity including in

Rother Valley, would prevent the Oil and Gas Authority from being able to provide licences for

hydraulic fracturing, exploration or acidification, and would revoke current licences after a brief

period to wind down activity.

Kerry McCarthy

Alex Sobel

NC5

To move the following Clause—

“Environmental and human rights due diligence: duty to publish draft

legislation

(1)    

The Secretary of State must, within the period of six months beginning with the

day on which this Act is passed, publish a draft Bill on mandatory environmental

and human rights due diligence which imposes a duty on specified commercial,

financial and public sector persons to—

Public Bill Committee: 19 March 2020                  

46

Environment Bill, continued

(a)    

carry out due diligence in relation to all environmental and human rights

risks and impacts associated with the exercise of their functions, and

(b)    

identify, assess, prevent, or mitigate (where prevention is not possible)

the risks so that the impacts are negligible.

(2)    

The objective of the due diligence provided for pursuant to subsection (1) is to

ensure that the target set pursuant to sub-paragraph (e) of section 1(3) is met.

(3)    

The due diligence must be undertaken by specified persons in relation to—

(a)    

risks and impacts wherever they arise, and

(b)    

the entire supply chain and investment chain of the person specified.

(4)    

In order to address, in particular, ecosystem conversion and degradation and

deforestation and forest degradation (“deforestation and conversion”) the draft

Bill must seek to ensure that all goods placed on the UK market are—

(a)    

sustainable;

(b)    

traceable back to source through fully transparent supply chains; and

(c)    

do not cause adverse environmental and human rights impacts including

deforestation and conversion.

(5)    

The due diligence required to be carried out in accordance with subsection (1) by

providers of financial services must include (but not be limited to) the risk of

deforestation and conversion which may arise from or be enabled by the

provision of the financial services.

(6)    

The provisions of the draft Bill relating to due diligence must require compliance

with international standards and obligations relating to human rights, including

the rights of indigenous peoples and local communities.

(7)    

The draft Bill must—

(a)    

establish or designate a body to oversee implementation of and

compliance with the provisions of the Bill;

(b)    

provide proportionate, effective and deterrent sanctions for entities

failing to comply fully and promptly with their duties under the Bill;

(c)    

provide for an independent, transparent and public complaints

mechanism;

(d)    

establish a system which ensures effective and appropriate redress for

any person affected by environmental impacts and human rights

violations;

(e)    

require persons to report publicly on—

(i)    

their plans for due diligence,

(ii)    

the implementation of their plans, and

(iii)    

the action taken to comply with their plans including the

effectiveness of the action;

(f)    

require the regulatory body or other appropriate institution to undertake

periodic and public audits of the effectiveness of the due diligence

requirements, focusing on specified persons, sectors or supply chains;

and

Public Bill Committee: 19 March 2020                  

47

Environment Bill, continued

(g)    

require the Secretary of State to include in the annual report on

environmental improvement plans an assessment of the application of the

duties imposed in accordance with subsection (1), and to review the

effectiveness of those duties after 3 years (including by commissioning

an independent assessment).”

Member’s explanatory statement

This new clause would require the Secretary of State to publish a draft Bill on mandatory

environmental and human rights due diligence within six months of the Act passing.

Neil Parish

Alex Sobel

NC6

To move the following Clause—

“The environmental purpose

(1)    

The purpose of this Part is to provide a framework to enable the following

environmental objectives to be achieved and maintained—

(a)    

a healthy, resilient, and biodiverse natural environment;

(b)    

an environment that supports human health and wellbeing for everyone;

and

(c)    

sustainable use of resources.”

Member’s explanatory statement

The new clause is intended to give clear and coherent direction for applying targets and the other

governance mechanisms contained in the first Part of the Environment Bill.

Wera Hobhouse

Sir Edward Davey

Dr Matthew Offord

Caroline Lucas

Alex Sobel

Lilian Greenwood

Rosie Duffield

Anna McMorrin

Gareth Thomas

Stephen Doughty

Geraint Davies

Ruth Cadbury

Mr Alistair Carmichael

Christine Jardine

Layla Moran

Daisy Cooper

Munira Wilson

Wendy Chamberlain

Jamie Stone

Sarah Olney

Tim Farron

NC7

To move the following Clause—

“Waste Recycling: Duty to maintain an end use register

(1)    

The Secretary of State must, within 12 months of this Act coming into force, by

regulations make provision for a register of the end use of all recycled waste

created, collected or disposed of in England.

(2)    

These regulations must apply to—

(a)    

public authorities; and

(b)    

private businesses.

Public Bill Committee: 19 March 2020                  

48

Environment Bill, continued

(3)    

The register must be made available for public inspection.

(4)    

Regulations under this section are subject to the affirmative procedure.”

Tracey Crouch

NC8

To move the following Clause—

“Weeds Act 1959: repeal

The Weeds Act 1959 is hereby repealed.”

Member’s explanatory statement

This amendment would repeal the Weeds Act 1959, which contains powers to prevent the spread

of creeping thistle, spear thistle, curled dock, ragwort and other weeds which are important for

pollinators such as bees, butterflies and other insects.

Kerry McCarthy

Alex Sobel

NC9

To move the following Clause—

“Animal Testing: REACH Regulation

(1)    

The Secretary of State must by regulations set targets for the replacement of types

of tests on animals conducted to protect human health and the environment within

the scope of the REACH Regulation, and for the reduction pending replacement

of the numbers of animals used and the suffering they endure.

(2)    

A target under this section to reduce the suffering of animals must specify—

(a)    

a standard to be achieved, which must be capable of being objectively

measured, and

(b)    

a date by which it is to be achieved.

(3)    

Regulations under this section must make provision about how a set target is to

be measured.

(4)    

A target under this section is initially set when the regulations setting it come into

force.”

Member’s explanatory statement

This new clause would require the Secretary of State to set targets to reduce animal testing.

Public Bill Committee: 19 March 2020                  

49

Environment Bill, continued

Geraint Davies

Alex Sobel

NC10

To move the following Clause—

“OEP: Penalty notices

(1)    

If the OEP is satisfied that a public authority has failed to comply with a decision

notice, the OEP may, by written notice (a “penalty notice”) require the public

authority to pay to the OEP an amount in sterling specified in the notice.

(2)    

When deciding whether to give a penalty notice to a public authority and

determining the amount of the penalty, the OEP must have regard to the matters

listed in subsection (3).

(3)    

Those matters are—

(a)    

the nature, gravity and duration of the failure;

(b)    

the intentional or negligent character of the failure;

(c)    

any relevant previous failures by the public authority;

(d)    

the degree of co-operation with the Commissioner, in order to remedy the

failure and mitigate the possible adverse effects of the failure;

(e)    

the manner in which the infringement became known to the OEP,

including whether, and if so to what extent, the public authority notified

the OEP of the failure;

(f)    

the extent to which the public authority has complied with previous

enforcement notices or penalty notices;

(g)    

whether the penalty would be effective, proportionate and dissuasive.

(4)    

Once collected, penalties must be distributed to the NHS and local authorities to

be used for pollution reduction measures.

(5)    

The Secretary of State must, by regulations, set the minimum and maximum

amount of penalty.

(6)    

Regulations under this section are subject to the affirmative procedure.”

Member’s explanatory statement

This new clause would allow the OEP to impose fines.

Dr Matthew Offord

Alex Sobel

NC11

To move the following Clause—

“Ongoing relationship with EU-REACH

(1)    

The Secretary of State must not use regulations under Schedule 19 to diminish

protections provided by REACH legislation.

(2)    

The Secretary of State must by regulations seek to maintain regulatory parity with

any new or amended regulations of the European Parliament and of the Council

concerning the regulation of chemicals after IP completion day.

(3)    

It is an objective of Her Majesty’s Government as part of any trade negotiations

with the European Union to seek to secure associate membership of the European