My Lords, I am grateful to the noble Lords who have added their names in support of this amendment on a cross-party basis. It would ensure that, post Brexit, the actions of Ministers and public bodies must not have a regressive impact on the environment, food safety, REACH and animal welfare. The amendment is necessary as the Government have seen fit to remove the provisions previously agreed in the 2018 withdrawal agreement, which provided for a legally binding commitment to non-regression in most areas of environmental law. The Government have said they remain committed to the principle of non-regression, so it is not at all clear why these provisions have been actively removed.
It goes without saying that there has never been a more important time for strong environmental legislation. The world is facing a climate change emergency, with global warming impacting food production, rising sea levels destroying habitats and catastrophic floods and fires threatening human life and livelihoods. The
Government have signed up to the UN climate change conference political declaration, but those promises need to be backed up by binding and robust action. The Government have said that they want an ambitious environmental programme—indeed, the Conservative manifesto promised to legislate for high standards of environmental protection—so it seems strange that their first act is to water down a Bill that would have helped to achieve those high standards. Our amendment would put the non-regression principle back into the Bill where it belongs, and where other environmental principles remain via the withdrawal agreement.
The great advantage of a non-regression clause is that it would give reassurance for the longer term. It would protect current and future generations against the weakening of environmental standards once the issue drops out of the headlines and out of the list of government priorities. It would also help the Government to hold public bodies to account in achieving their environmental standards.
It is still not clear why the Government have taken the clause out of the Bill. If, as the Minister claimed in the Commons, the Government are committed to non-regression, why not leave it in? If the Government plan to put it in the environment Bill instead, what is the harm in having it in both pieces of legislation? If, as the Minister claimed in the Commons, the plan is to diverge from EU environmental principles and go it alone, who will judge whether the outcome will be as good as the environmental benefits that we have enjoyed in the past or that we should have enjoyed in the future?
As I said at Second Reading, over the years our environment has hugely benefited from EU directives and regulations, with over 80% of our environmental legislation derived from the EU. It is the main reason our habitats and birds have been protected and our water, air and soil quality have improved. The Government are expecting us to take a leap in the dark with their commitments to becoming a world leader in environmental protection outside the EU regime. If they are so committed, it is still not clear why they cannot accept a non-regression clause. Surely that is the minimum promise that they ought to be able to make if they are so ambitious for the future.
I hope the Minister will feel able to support our amendment. If not, I hope he can spell out in some detail what kind of non-regression guarantees are being proposed for the environment Bill. These questions were posed by a number of noble Lords at Second Reading, so far without a response. I hope that on this occasion the Minister can rectify that and give us some guarantees. I beg to move.