I rise to put on the record my support for all seven still contested Lords amendments, but given that we are so short of time I will primarily focus on Lords amendment 3 and the environment. I am surprised that the Government have not accepted the amendment given that all it does is seek to give effect to the Government’s own much-vaunted environmental ambitions. In a written statement to the House in January, the Secretary of State for Environment, Food and Rural Affairs explained that the Government’s 25-year environment plan will be underpinned by
“a world-leading environmental watchdog, an independent, statutory body, to hold Government to account for upholding environmental standards.”
To me, that means at least a watchdog with a bite as well as a bark, not a toothless, neutered, three-legged mutt of a watchdog that cannot even impose financial penalties, much less launch legal action. However, that was all that the Environment Secretary’s overhyped and deeply underwhelming consultation was able to offer when it was belatedly published on 10 May.
Lords amendment 3 seeks to give the watchdog at least a few teeth by giving effect to the claim repeated by Government Members that withdrawal from the EU will not lead to any dilution of environmental standards. Given, I genuinely do not understand why the Government are objecting to the Lords amendment and instead supporting amendment (a) in lieu, which represents a significant watering down of what the Lords amendment contains.
The amendment in lieu makes no provision to guarantee the independence of the environment watchdog, so we may well end up with a green poodle, not a green watchdog. We need clear guarantees that the replacements for the Commission and the European Court of Justice will be protected from Ministers’ whims. The amendment in lieu massively limits the watchdog’s remit. By deleting the overarching subsection (1) of the Lords amendment, we will lose all the essential requirement for the Government not to remove or reduce any of the rights, powers, liabilities, obligations, remedies and procedures that currently contribute to the protection and, crucially, the improvement of our environment. For example, there is no explicit guarantee that we will have a freely accessible citizens’ complaint mechanism. All such things are all vital components of an effective governance system for protecting the environment. They are not optional add-ons to this lazy attempt at standing up for nature.
As I mentioned earlier, the amendment in lieu limits the scope of the watchdog to central Government, which is absurd given that local authorities are so much responsible for areas of compliance. Ministers would be compelled only to have regard to vital environmental principles, not to act in accordance with them. All those things are good reasons to have grave concerns about this weakening of Lords amendment 3 and to say to the Government that we are running out of time to get the joined-up approach to the environment that they have promised us.
In the minute I have left, I want to make a comment about the single market and customs union. It is notable that every single economic scenario that the Government have produced shows a country that will be worse off by leaving the EU. The only real protection for jobs and the economy is staying inside the single market and the customs union, which is also the only way of achieving a frictionless border in Northern Ireland. It is quite extraordinary to see the Government proudly and loudly leading the country to a poorer future, and it is almost as extraordinary to see the shadow Front-Bench team pretty much complicit in that. The Opposition’s amendment (a) to Lords amendment 51 would not be accepted by the EU and they know it, so I make this plea: do not give this shambles of a Tory Government a free pass to a hard Brexit. It is not too late to reconsider and to back Lords amendment 51. History will not judge kindly those who put party politics first at this crucial moment, when it is precisely those with the least who most need their politicians to be brave.