My Lords, I rise to speak to Amendment 92 in the name of the noble Baroness, Lady McIntosh of Pickering, and Amendment 93 in the name of my noble friend Lady Jones of Whitchurch. Both are similar in nature and one could assume that we, on the Labour Benches, and the noble Baroness, Lady McIntosh, have been sharing our homework. I thank the noble Baroness for moving her amendment so eloquently and reiterate the case she made for the OEP to have flexibility and longevity when setting budgets.
In June 2018, the Government recognised the value of multi-annual budgets. In announcing a five-year settlement for the NHS, the Government emphasised that this long-term funding commitment means the NHS has the financial security to develop a 10-year plan. If the OEP is to work strategically, it too will require a similar level of security. The noble Baroness, Lady Ritchie of Downpatrick, made the same point, looking at comparable bodies and the way they have operated in taking a long-term approach.
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As the noble Lord, Lord Cameron of Dillington, pointed out in an earlier debate, the OEP will have its budget set by the Secretary of State. Although this is not unusual for a non-departmental public body, and while we do not necessarily agree with the Government’s decision to establish the OEP in such a manner, we do understand why they made that decision. However, it is necessary to highlight that the OEP has a number of important roles to fulfil and it will need to be properly resourced to do the job properly—a point made by a number noble Lords, including, in particular, the noble Baroness, Lady McIntosh of Pickering—in order to ensure that it can be forward thinking and has direction.
Many noble Lords outlined during Second Reading and in recent days that this is a landmark Bill. It is hugely important that the OEP have the means and ability to fulfil an essential role and is fit for purpose. It is therefore important that the OEP have a degree of influence in the budget-setting process, beyond the normal minimum consultation by the Secretary of State. As well as monitoring implementation in general terms and taking enforcement action against public authorities, the OEP will be tasked with speaking truth to power at the highest levels of government. We must not find ourselves in a situation where the OEP’s output is influenced by politics around its next budget.
At the start of my response, I pointed to the similarity between Amendments 92 and 93, due to great minds thinking alike. The only difference between the amendment tabled by the noble Baroness, Lady McIntosh, and Labour’s Amendment 93 is the inclusion of an extra subsection that would allow the OEP to amend its budget at any time, which we feel is needed to ensure that it is ready to face changing circumstances. Such flexibility is important, as the Government may introduce new policies or sign new international pledges that expand the OEP’s remit, or there may be an unforeseen need for additional resources due to environmental events. There can be no bigger example of that than the current pandemic.
Throughout the progress of the Bill, we have been talking about climate and ecological emergency. In emergencies such as we are witnessing now, swift and robust responses are needed. The ability to amend its budgets will further strengthen the OEP, enabling it to be fit for purpose and deal with unexpected events. If the public, charities and international partners are to have confidence in the OEP and the UK’s enforcement regime, we need to ensure the correct relationship between the department and the OEP. This debate reaches far beyond budgets but ensuring that the OEP has a voice in financial matters will be a very important part of its independence. The comments of the noble Lord, Lord Krebs, are really important: we saw what happened to Natural England and we do not want the OEP to have the same fate. If Natural England cannot fulfil its statutory duty, that is a sad state of affairs.
I finish by turning to the point made by the noble Lord, Lord Cameron of Dillington. We have talked about environmental independence but this is also about financial independence, and we have to have a long-term approach. My final message to the Minister is this. The noble Lord, Lord Krebs, mentioned 25-0 and the noble Lord, Lord Cameron of Dillington, mentioned 30-0. I think this debate has said, 7-0 to the amendments. That is a reasonable scoreline, and perhaps England can achieve it tomorrow.