I thank noble Lords for their contributions to this debate. Beginning with Amendment 28B, the Government maintain the position that exempting the Armed Forces, defence and national security from the environmental principles duty is required to ensure the flexibility for our defence capability. I appreciate the comments made by the noble Baroness, Lady Parminter, but I am afraid that, as I said in my opening remarks, this is a red line for the MoD. I will secure the reassurance that we were promised together on a call that we made, which has been followed up since, and I very much hope that it directly addresses the plea that she has made to this House. We will continue those discussions afterwards.
In response to the noble Baroness, Lady Bennett, I am very happy to reiterate something that I, she and many others have said many times: nature and climate change are inextricably linked. Indeed, climate change is in many respects the fever that the planet is experiencing
as a consequence of the degradation of its natural environment. All the science tells us that there is no pathway to net zero, or to staying within 1.5 degrees, without massive efforts to protect and restore nature on a scale that we have never seen before. That is absolutely understood. I simply add that it is not just a reflection of my view but the position of this Government as they take us towards COP 26. We have sought to put nature at the very heart of our response to climate change, both here and internationally. I think, and hope, that we will see some real movement over the coming weeks from the global community.
I turn to amendments 31, 31A, 31B, 31C, 75, 75A, 75B and 75C. We believe that the guidance power is necessary to ensure that the OEP continues to operate effectively and provide appropriate accountability. To elaborate on a point I made earlier in response to comments by the noble Lord, Lord Krebs, the OEP will have an extremely broad scope and remit, encompassing all environmental law and with powers to investigate alleged serious breaches by any public authority, ranging from a local authority to a Minister of the Crown. Given this huge breadth, the guidance power is important to ensure that Ministers who are ultimately responsible for the OEP’s use of public money can ensure that it is functioning as intended, focusing on the most serious strategic cases. My noble friend Lady McIntosh asked for comparable examples of such guidance being issued. My understanding is that the Secretary of State has the power to provide guidance to the Climate Change Committee, and that power is enshrined in the Climate Change Act.
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I want to respond to the comments and questions put to me by my noble and learned friend Lord Mackay of Clashfern. As a non-departmental body, the OEP will be operationally independent from government. It will set its own strategy and have discretion in deciding how best to deliver on its principal objective by exercising its statutory functions, including whether to provide advice to Ministers and publish reports on its own initiative. The Bill also specifies that the Secretary of State must have regard to the need to protect the OEP’s independence.
The Government believe that Ministers should be properly accountable to Parliament for the governance and performance of their departments’ arm’s-length bodies, including in their use of public funds. For this reason, the Government consider the guidance power under Clause 24 to be necessary. The Secretary of State will agree with the Treasury sufficient funding for the OEP to carry out its functions and make the final decision on public appointments.
The OEP will be subject to routine monitoring of expenditure during the year and will have a duty also to arrange for its key financial reports to be laid before Parliament. The responsible Minister will account for the OEP in Parliament on all matters other than in respect of the OEP’s enforcement decisions and the content of its advice or reports.
In response to the noble Baroness, Lady Ritchie, the Bill makes provision for an equivalent guidance power for the Northern Ireland department. A similar Lords amendment seeks to remove this power.
Finally, on Amendments 33 and 33B, I am afraid that, as they would remove the protections for third parties, even despite the relevant factors for the court to consider, which the noble Lord has added, we are unable to accept them. Again, to elaborate, as the court will have access to court orders outside of the normal judicial review time limits, there is significantly increased risk that third parties may be negatively affected by the grant of a remedy. If it is necessary to prevent or mitigate serious damage to the environment or human health, the OEP can apply directly for an urgent judicial review, without going through its earlier notice period. In cases such as these, all remedies would be available at the discretion of the court.
I suspect—indeed, I am certain—that we will have to disagree at this time, but I do so acknowledging in all sincerity the case that the noble Lord has made and the constructive and compelling manner in which he has made it. I am afraid we are not able to accept the amendment.
I thank all noble Lords who have contributed today, and in personal conversations with myself and my officials, on these measures. I hope that noble Lords have been reassured by my words and I commend the Motion to the House.