It is my pleasure to open the debate on this group. It includes some amendments from some very esteemed noble Lords which I will no doubt comment on at the end. While all these amendments take different approaches, what is common is that we all recognise that this Bill will fall far short of what is needed without some significant changes to the enforcement mechanisms. I would not dare to disagree with a group of noble Lords that includes the noble Lords, Lord Anderson of Ipswich, Lord Krebs and Lord Duncan of Springbank, and the noble and learned Lord, Lord Thomas of Cwmgiedd.
These amendments can meld into something extremely positive. For example, the proposals by the noble Lord, Lord Anderson, will significantly improve the judicial process for environmental review. In particular, they remove from the Bill the absurd provision whereby an adverse ruling does not affect the validity of a government decision.
My amendment and Amendment 107A, tabled by the noble Baroness, Lady McIntosh of Pickering, take enforcement one step further. Our amendments recognise that there is a whole realm of conduct that goes further than a judge giving the Government a strong telling off, and which may require actual penalties to
be issued. Amendment 104 would enable penalties to be issued, taking into account a whole host of factors such as the gravity of the failure, any intention of negligence, and previous failures by the authority. The inclusion of the principles of effectiveness and proportionality makes my amendment wholly reasonable, and is necessary for ensuring that the ambition in this Bill is not trashed by poorly governed public authorities.
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Finally, my Amendment 104 would use these penalties to fund the NHS. This is an absolutely crucial point and, I have to admit, the issue of air pollution is one of my pet topics. Very few people seem to understand what a public health hazard it is. Here, I am saying we should fund the NHS and local authorities to reduce the harms of air pollution and treat the associated illnesses, which very much affect children as well as adults. I admit this is my pet project, but it is one of the gravest examples of where politicians are failing us. It has become more visible recently that air pollution is a killer and also reduces well-being in many people, particularly children of course. So I believe it is a worthwhile destination for these penalty fines. I beg to move.