Natural Environment and Rural Communities Bill

I am grateful to the noble Viscount, Lord Eccles, for having raised this subject. Clause 16 does not go any wider than existing powers of this kind. As with most NDPBs which deliver the democratically elected government’s policies, the Secretary of State needs to be able to give Natural England directions, because they provide a bottom line to ensure that the Secretary of State is accountable to Parliament for the NDPB—so that no Secretary of State can say, ““I would have stopped this or that NDPB doing that, but I couldn’t””. It is difficult to give the Committee practical examples because we are not aware of any situation where English Nature or the Countryside Agency has been directed to act in a certain manner despite the powers to direct these organisations in relation to many of their existing functions. Also covered could be actions that might expose the board to legal challenge, perhaps in a public health emergency. This clause is not an effort to undermine Natural England’s independence. As the noble Viscount hinted, the Environment Agency, English Nature and the Countryside Agency are all subject to directions and none of them lacks independence, as the noble Baroness, Lady Young—the chief executive of the Environment Agency—attested on the first day in Committee. Powers for the Secretary of State to give directions are normal throughout Whitehall and are essential for accountability. I hope that the noble Viscount approves of the requirement that we have included for any directions to be published to ensure openness and transparency. The parliamentary briefing from the confederation of the three organisations that will come together to make up Natural England stated:"““As a non Departmental Public Bodies we accept the need to account to government in fulfilling our statutory duties as set down by Parliament. We therefore accept also the powers for Government to guide and, in the last resort, direct Natural England””." It welcomed,"““the reassurance given in Clauses 15 and/or 16 by the requirements to consult, the transparency of publication and the specificity of the obligation set out therein””." Those are important words. The reassurances are, if anything, greater than those that currently apply to English Nature and the Countryside Agency, which have never been accused of lacking independence and have a strong track record of influential policy advice. The fears expressed by the noble Viscount this afternoon do not have credence because these directions are in line with the directions given to other such bodies.