My Lords, I begin by drawing attention to my interests in the register, notably the chairmanship of the National Forest.
I was pleased to put my name to Amendments 105 to 108, because they are necessary and they make the Bill better. We have heard echoed by a number of noble Lords how that can be achieved and I hope that
the Government hear that. In many ways, this clause is like a Monet painting. It looks fine from a distance, but the closer you get the more the detail seems to disappear. What we need now is clarity and for that detail to be recognisable. Non-compliance must affect validity. That is a simple statement of fact. The beneficiary of an environmental deterrent or damage cannot escape sanction because he is materially affected by the sanction. That cannot be a useful way of moving forward. The remedies available must be a deterrent. If they are not, the system will be gamed. Individuals will find ways through, between and under, and they will be able to make a mockery of what should be a very important institution.
The OEP is a successor to a body that was able by its threats to bring about fundamental change in how environmental laws were enforced—and it made the environment better, safer and healthier by doing that. The successor body must be able to do the same and have available to it each of the elements that can allow it to achieve that outcome. That is why I was very pleased to put my name to these amendments.