Moved by
Lord Cameron of Dillington
82: Before Clause 21, insert the following new Clause—
“Office of Commissioner for Environmental Protection
(1) The office of Commissioner for Environmental Protection is established.
(2) It is for Her Majesty by Letters Patent to appoint a person to be Commissioner for Environmental Protection.
(3) Her Majesty’s power is exercisable on an address of the House of Commons.
(4) It is for the Prime Minister to move the motion for the address.
(5) To do so the Prime Minister must have the agreement of the person who chairs the Environment Audit Committee.
(6) The person appointed holds office for 10 years, and may not be appointed again.
(7) The Commissioner for Environmental Protection is by that name to be a corporation sole.
(8) The Commissioner for Environmental Protection is to be an officer of the House of Commons.
(9) But section 4(4) of the House of Commons (Administration) Act 1978 (which provides for the application of provisions of that Act to staff employed in or for the purposes of the House of Commons) does not apply in relation to the office of Commissioner for Environmental Protection.
(10) The person who is Commissioner for Environmental Protection may not be a member of the House of Lords.
(11) The Commissioner for Environmental Protection is not to be regarded—
(a) as the servant or agent of the Crown, or
(b) as enjoying any status, immunity or privilege of the Crown.
(12) The person who is Commissioner for Environmental Protection may not hold any other office or position to which a person may be appointed, or recommended for appointment, by or on behalf of the Crown.
(13) Before a person is appointed as Commissioner for Environmental Protection, remuneration arrangements are to be made in relation to the person jointly by the Prime Minister and the person who chairs the Committee of Public Accounts.
(14) The Commissioner for Environmental Protection may resign from office by giving written notice to the Prime Minister.
(15) Her Majesty may remove the Commissioner for Environmental Protection from office on an address of both Houses of Parliament.”
Member’s explanatory statement
This amendment is to help secure the independence of the OEP by making its chief executive a separate office holder appointed by the House of Commons. It is modelled on provision made for the Comptroller and Auditor General under the Budget Responsibility and National Audit Act 2011.