My Lords, I beg to move Motion E1, as an amendment to Motion E—I believe that is the correct phraseology. I read carefully in
Hansard the debate on our amendment on the exemptions that we were calling for on the policy statement on environmental principles. I am disappointed that the Government did not support it, but I am grateful for the support for this case from the Labour Benches, the Greens and the SNP.
The Government cited financial privilege as a reason why we should not proceed with this amendment, and of course I accept that on the basis of the reference to the tax-and-spend points in the amendment that we proposed, when it went to the Commons. I am grateful that, in the Commons, the Minister made the point that all departments will be obliged to subject their policy decisions to the rigours of the policy statement on environmental principles. I am mindful that, clearly, the macroeconomic points that the Treasury has are outwith that—but I am grateful.
However, the Government gave no reasons for refusing the point, made by this House, that the MoD should not be completely exempt from having to take account of the policy statement on environmental principles. The Minister’s comments seemed to suggest that there was a fear of legal challenge. I find that quite surprising. I am not a lawyer, but I am well aware that the courts are very well equipped to filter out unmeritorious cases, as they stand. Equally, while we were in the European Union, the MoD was subject to all these provisions, with a very tiny exemption with regard only to security matters pertaining to munitions and arms. So it has been subject to all these requests to take account of environmental principles for, effectively, the last 30 years. There have not been any challenges, and it does not seem to have caused any problems. However, that is the reason that has been cited, so it is the one that I had to address.
For that reason, I narrowed the scope of the disapplication purely to “national security”, in the hope that that would reassure them. Again, I am not a lawyer, but my understanding from lawyers far more eminent that me is that the courts will always defer to the Executive on matters of national security. Therefore, it seemed to me that the proposal that I put forward was reasonable and met the needs, as they saw it, of the MoD to protect its fear of being challenged on urgent operational matters. It seemed to me that it also met this House’s clear desire that all government departments should be subject to having consideration of the environmental principles, with certain particular tightened safeguards. That was also the position of the Environmental Audit Committee, the EFRA committee in the other House and the office for environmental protection, when it gave its first and only advice to the Government, earlier this year.
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I think that the amendment that I proposed today was reasonable and fair, but I hear what the Minister has said, and I spot a red line when I see one. At this stage in the game, I will reluctantly up stumps—but I serve notice to the team opposite that this is an issue that this House takes extremely seriously. I heard the Minister say that I will be provided with reassurances. I am looking for a clear statement from the MoD that there is equivalence in how it deals with climate change
and with nature protection. Under the Climate Change Act, it is obliged to take climate change seriously. I want to see the word “equivalence”. I say again to the team opposite that, if we do not get that, this House, which takes this matter very seriously, will bring out its fastest spin bowlers, among whom I count my committee, the Environment and Climate Change Committee—I see members of it in this House today—and we and other Members will knock for six any pathetic excuses that the Government come up with, if they do not keep to that commitment.
On that basis, I am grateful for what the Minister has offered—a letter of reassurance. I hope that he can see that, again, I am trying to be consensual. If those words are in there, I will be temporarily reassured, but please be mindful: this is not an issue that will go away.