Moved by
Baroness Brown of Cambridge
27: After Clause 6, insert the following new Clause—
“Maintenance of EU environmental principles and standards
(1) The Secretary of State must take steps designed to ensure that the United Kingdom’s withdrawal from the EU does not result in the removal or diminution of any rights, powers, liabilities, obligations, restrictions, remedies and procedures that contribute to the protection and improvement of the environment.
(2) In particular, the Secretary of State must carry out the activities required by subsections (3) to (6) within the period of three months beginning with the date on which this Act is passed.
(3) The Secretary of State must publish proposals for primary legislation establishing a duty on public authorities to apply principles of environmental law established in EU law or on which EU environmental law is based in the exercise of relevant functions after exit day.
(4) The Secretary of State must publish proposals for the establishment before exit day of an independent institution with the purpose of ensuring compliance with environmental law by relevant public authorities.
(5) In making proposals under subsection (4), the Secretary of State must include proposals to the effect that—
(a) the chair of the independent institution must be appointed by the Secretary of State with the agreement of the first ministers of the devolved administrations and the approval of a committee of either House of Parliament charged with approving such an appointment;
(b) the independent body must receive funds judged by the Comptroller and Auditor General to be sufficient for it to carry out its functions;
(c) the independent body must report annually before 30 June on compliance with environmental law by relevant public authorities, including the Secretary of State’s compliance with the terms of the Statement of Environmental Policy published in accordance with subsection (7); and
(d) the Secretary of State must publish a response to such a report annually before 30 September.
(6) The Secretary of State must publish—
(a) a list of statutory functions that can be exercised so as to achieve the objective in subsection (1); and
(b) a list of functions currently exercised by EU bodies that must be retained or replicated in UK law in order to achieve the objective in subsection (1).
(7) The Secretary of State must before 1 January 2020 lay before Parliament a Statement of Environmental Policy which sets out how the Government will give effect to the principles set out in subsection (8).
(8) The principles referred to in subsection (3) include—
(a) the precautionary principle as it relates to the environment,
(b) the principle of preventive action to avert environmental damage,
(c) the principle that environmental damage should as a priority be rectified at source,
(d) the polluter pays principle,
(e) sustainable development,
(f) prudent and rational utilisation of natural resources,
(g) public access to environmental information,
(h) public participation in environmental decision making,
(i) access to justice in relation to environmental matters, and
(j) full regard to the welfare requirements of animals as sentient beings.
(9) Before complying with subsections (3) to (7) the Secretary of State must consult—
(a) each of the devolved administrations;
(b) persons appearing to represent the interests of local government;
(c) persons appearing to represent environmental interests; and
(d) such other persons as the Secretary of State thinks appropriate.”