Environment Bill — Report (2nd Day) — Amendment 27 — 8 Sep 2021 at 19:45
Moved by Lord Anderson of Ipswich
27: Clause 38, page 23, line 8, leave out subsection (8) and insert-“(8) Where the court makes a statement of non-compliance it may grant any remedy that may be granted by it on a judicial review other than damages.(8A) In determining whether it would be in the interests of justice to grant a remedy, the court must have regard to-(a) the nature and consequences of the authority’s failure to comply with environmental law, and(b) the likelihood that the grant of a remedy would cause-(i) substantial hardship to, or substantial prejudice to the rights of, any person other than the authority, or(ii) any detriment to good administration.”Member’s explanatory statementThis amendment removes the restrictions on the discretion of a court to grant a remedy where the court has found there to be a breach of environmental law, while requiring the court to have regard to relevant factors. The bar on awarding damages to the OEP is retained.
Ayes 153, Noes 143.
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (Content)||Minority (Not-Content)||Turnout|
|Lord Duncan of Springbank||Con (front bench)||aye|
|Lord Garnier||Con (front bench)||aye|
|Lord Mackay of Clashfern||Con||aye|
|Baroness Stowell of Beeston||Non-affiliated (front bench)||no|
|Lord Taylor of Warwick||Non-affiliated||no|