My Lords, I will pose a couple of brief questions to my noble friend the Minister. He will recall that I supported the original amendment on the independence of the OEP at earlier stages. I cannot think of any other body to which a department has issued guidance that is meant to be overseeing that department. To be honest, I preferred the original Amendment 31 and am struggling entirely to understand the contents of the new Amendment 31C.
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Can my noble friend confirm that the Scottish equivalent—Environmental Standards Scotland—does not have to follow guidance set by the Government of Scotland but is left to get on to apply environmental law as it best understands it? I also refer him to the report adopted earlier this year by the European Union Committee, specifically the Environment Sub-Committee on which I have the privilege to sit, under the chairmanship of the noble Lord, Lord Teverson. The report is titled Beyond Brexit: Food, Environment, Energy and Health. In paragraph 164, we concluded:
“Environment law will be more effectively enforced if the UK’s supervisory authorities cooperate closely with one another and with the European Commission. We urge them to enter into this cooperation openly and with the goal of ensuring the maximum level of protection for the environment.”
In evidence given by the Secretary of State to that committee, he was very open-minded about that co-operation and, if that is the case, I urge my noble friend that such co-operation take place and he allows the OEP, under the chairmanship of Dame Glenys Stacey, to work as effectively and independently as it possibly can.