Environment Bill — Commons Reasons and Amendments — Motion G1 (as an amendment to Motion G) — 26 Oct 2021 at 18:33

Moved by Lord Anderson of Ipswich

33B: Clause 37, page 22, line 23, 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 deciding whether to grant such a remedy, the court must have regard to-(a) the nature and circumstances of the non-compliance;(b) any detriment to good administration that would result from granting or failing to grant a remedy;(c) the interests or expectations of persons who would benefit from the grant of a remedy;(d) the interests or expectations of persons who have relied on the failure by the public authority to comply with environmental law;(e) any other matter that appears to the court to be relevant.””

Ayes 207, Noes 172.

Debate in Parliament |