My Lords, when these amendments were dealt with in the House of Commons, the Minister said that she was very satisfied to have the office of environmental protection independent. That is what I want, and I believe that that is what the Government want, but she went on to say that the Secretary of State will be accountable for the OEP. I am in difficulty about the precise nature of that accountability. This is not the easiest question to answer, so I gave notice this morning that I proposed to ask it, so that my noble friend might have an opportunity, if he wished, to think it over. Obviously, the Minister dealing with this in the House of Commons must have had an idea in mind.
This arises in connection with the giving of instructions. The strange thing about the instructions and guidance is that the guidance does not need to be followed. It has to be seen by the Houses of Parliament before it passes, but once it is passed, it need not be performed. To my mind, that is a rather exceptional situation. Why should Parliament be asked to study carefully what the department—the Secretary of State—is proposing but then the organisation that is to receive the instructions need do nothing about it? That is a remarkable situation, but it ties into the idea of the accountability of the Secretary of State for this independent body.
I should be glad to know precisely how this operation is supposed to work. How is the Secretary of State responsible, apart from saying that the OEP is independent and he must secure that at all costs? If that is all, very good, but I suspect that the Minister in the Commons was thinking of something a little more complicated than that, and I hope the Minister can explain it to us in due course.
I think that the Motions in the names of the noble Lords, Lord Krebs and Lord Anderson, are pretty essential to the working of this arrangement, but the principal fact that I wish established is that the OEP should be independent, as the Minister said in the House of Commons.