Environment Bill — Clause 24 — Guidance on the OEP’s Enforcement Policy and Functions — 8 Nov 2021 at 20:07
The majority of MPs voted against complete independence for the Office for Environmental Protection and to ensure Parliament has the opportunity to comment on changes to Government guidance on its enforcement policies.
MPs were considering the Environment Bill.[1][2]
The motion supported by a majority of MPs in this vote was:
- That this House insists on its amendments 31A and 31B and disagrees with Lords amendment 31C.
Amendment 31A[4] stated:
- Page 14, line 35, leave out subsections (3) and (4)
This removes two subsections from a section titled: Guidance on the OEP’s enforcement policy and functions. The subsections state:
- (3) The Secretary of State may revise the guidance at any time.
- (4) The Secretary of State must lay before Parliament, and publish, the guidance (and any revised guidance).
Amendment 31B[4] stated:
- Page 14, line 38, at end insert—
- “(6) Before issuing the guidance, the Secretary of State must—
- (a) prepare a draft, and
- (b) lay the draft before Parliament.
- (7) If before the end of the 21 day period—
- (a) either House of Parliament passes a resolution in respect of the draft guidance, or
- (b) a committee of either House of Parliament, or a joint committee of both Houses, makes recommendations in respect of the draft guidance, the Secretary of State must produce a response and lay it before Parliament.
- (8) The Secretary of State may prepare and lay before Parliament the final guidance, but not before—
- (a) if subsection (7) applies, the day on which the Secretary of State lays the response required by that subsection, or (b) otherwise, the end of the 21 day period.
- (9) The final guidance has effect when it is laid before Parliament.
- (10) The Secretary of State must publish the guidance when it comes into effect.
- (11) The “21 day period” is the period of 21 sitting days beginning with the first sitting day after the day on which the draft guidance is laid under subsection (6).
- (12) “Sitting day” means a day on which both Houses of Parliament sit.
- (13) The Secretary of State may revise the guidance at any time (and subsections (6) to (12) apply in relation to any revised guidance).”
Lords amendment 31C began:
- Leave out Clause 24 and insert the following new Clause—
- “OEP independence
- (1) The OEP has complete discretion in the carrying out of its functions, including in—
- (a) preparing its enforcement policy,
- (b) exercising its enforcement functions, and
- (c) preparing and publishing its budget
- ...
--
- [1] Parliament's webpage on the Environment Bill, Parliament.uk
- [2] Explanatory notes to the Environment Bill, 30 January 2020, Parliament.uk
- [3] The Environment Bill as introduced to the House of Lords on 26 May 2021, Parliament.uk
- [4] Amendments to the Environment Bill, 8 November 2021, Parliament.uk
- [5] Explanatory notes to the Lords amendments to the Environment Bill, 14 October 2021, Parliament.uk
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