COMMONS AMENDMENT (Hansard, 1 July 1991)

§ Baroness Blatch
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 39. In doing so, I shall speak also to Commons Amendment No. 98. These new clauses enable extensions to be made to the existing requirements for environmental assessment in respect of projects that require planning permission. They follow the extensive discussions which your Lordships had on this issue during the Bill's earlier stages. I am especially grateful to my noble friends Lord Renton and Lord Norrie.
The annexes to Directive 85/337 set out the types of project that require assessment. Annex I lists types of major projects which must always be assessed, while Annex II lists the much larger number of types of project which must be assessed if they are likely to have significant environmental effects. The directive has been implemented by regulations made under powers granted by the European Communities Act 1972, but those powers do not permit implementing regulations to amend primary legislation in such a way that provisions are made which are not required by Community law. Primary legislation is, therefore, needed to extend categories of project for which environmental assessment is required. These clauses will enable such extensions to be made for projects which are subject to planning control.
I should say that the powers are likely to be used sparingly to cover types of project which are demonstrably likely to have significant environmental effects yet are not contained within either Annexes I or II to the directive. There will be full consultation with 801 all those concerned, including operators, local authorities and other interested parties, before any type of project is added to the list. That is to ensure that any new requirement for environmental assessment is imposed only where it is essential to do so and where the environmental benefits will exceed the economic cost. These are important amendments which I believe are widely welcomed. I hope that the House will agree to them.

§ Lord Norrie
My Lords, it is with great pleasure that I rise to welcome Commons Amendments Nos. 39 and 98. I can only hazard a guess at the number of times that I have urged the Government to introduce legislation along these exact lines —certainly throughout the passage of last year's Environmental Protection Act, as well as during previous stages of this Bill.
Given the sympathy shown to my amendments both in Committee and on Report, I am very pleased that the Government have honoured their promise to look at the matter sympathetically by introducing these amendments in another place. The amendment before us does exactly what my earlier amendments sought to achieve: it provides power for the Secretary of State to extend the influence of environmental assessment in this country beyond the strict confines of the European Community's directive. When regulations are made under the proposed new clause, it will for example, allow the Secretary of State to ensure that EAs apply to water treatment plants, fish farms, wind farms and other projects which have been left out of the EC directive for one reason or another. That is most welcome and will reassure all those who have expressed concern about projects which have damaging effects on the environment and which are not fully covered by the European Community's text.
However, the amendment does more than that: it brings EA into primary legislation for the first time. That is where it ought to be. That demonstrates the Government's support for the concepts and the practice of EA and sends a signal to everyone concerned about its importance. That is all the more welcome because some parts of the Government have in the past shown less than wholehearted enthusiasm for EA. I am sure that my noble friend had to work very hard to secure the agreement of other government departments to the amendment. I congratulate her on her success in so doing.
Finally, the amendment before us is simply an enabling tool. It allows the Secretary of State to bring forward regulations to achieve its objectives. Therefore, can my noble friend say when we can expect these regulations to appear? I believe that she has already covered the point about consultation. However, I hope that the answer to my first question will be, "Very soon". I look forward to hearing her reply.

§ Lord Renton
My Lords, I too should like warmly to welcome the amendment and pay tribute to my noble friend for achieving its introduction and also for 802 securing the new clause as proposed in Commons Amendment No. 98. It is rather strange that both amendments which introduce new clauses are set out in identical terms. It is rather a cumbrous way of drafting. It tempts me to say, following a previous attempt to consolidate this legislation to prevent it becoming voluminous, complicated and overlapping, that one hopes that there will be another attempt at consolidation when the Bill is passed. Those who have to obey the tenets of the law, whatever good guidance is provided by the departments, have a terrific task ahead of them in finding out what the law is and what are their obligations, responsibilities and rights. Having said that, I welcome the amendment.
In Committee, when my noble friend Lord Norrie, who is to be congratulated on his initiative, first raised the matter, I suggested that the acceptance of a provision along these lines would be a test of the Government's environmental credibility. Through her own efforts, my noble friend Baroness Blatch has proved the Government's environmental credibility. For those of us who are keen that Parliament should do all that it can to protect the environment, it is also satisfactory to note in passing that a broadly similar result was achieved only last Monday in the New Roads and Street Works Bill by the Department of Transport and my noble friend Lord Brabazon. That is all very splendid.

§ Lord McIntosh of Haringey
My Lords, I am not much of a one for nice noises. As my last two speeches were not especially nice, it is only right that I should say how much we on these Benches echo the welcome given to the amendment by the noble Lords, Lord Norrie and Lord Renton. We supported their proposal when the Bill was in the House. We are glad that pressure, from whichever quarter, has succeeded and has achieved this result.
The reason that we sit silent when amendments are proposed is largely because we agree with them. The general thrust of Commons Amendments to the Bill is welcome. There are only a few points that we feel obliged to raise on Commons Amendments to the Bill.

§ Lord Skelmersdale
My Lords, this is an example of an amendment in your Lordships' House going a bridge too far, which is something I believe the noble Lord, Lord McIntosh of Haringey, did in Committee, yet having excellent results. He, too, should receive congratulations on promoting this matter and perhaps bullying my noble friend into achieving this satisfactory result.

§ Baroness Blatch
My Lords, I am grateful for all the remarks that have been made. As my noble friend Lord Skelmersdale has just said, I believe that everyone should bask in the glory of this achievement. I was a mere vehicle, but a willing one. My noble friend Lord Norrie asked about the timetable. It might help if I make a general comment upon the timetable. Clause 68(2) provides that the Bill shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different purposes.
803 The Government's intention is that a first commencement order will bring as much of the Bill as possible into force two months after Royal Assent. It is practice to allow a period of two months after any Act is printed. We expect that the provisions to be commenced in the first order will include among others the new compensation provisions; the provisions relating to the status of development plans; and the IDO provisions. We also hope to bring in some of the enforcement provisions at that time. The Bill provides for some of the compensation provisions to have effect from the time of the Bill's introduction in the House last November.
The provisions in question are the home loss payment provisions. The new entitlement will apply mostly to people displaced from their homes on and after 16th November 1990. Some of the planning compensation appeals will apply in cases where the relevant planning application was made on or after that date. Other provisions cannot be brought into force as quickly. That is mainly because subordinate legislation will be required before they can be operative. It applies, for example, to the development plan and simplified planning zone provisions; those provisions relating to planning obligations; advertisement control and some of those relating to enforcement.
In addition, extensive amendments will be required to the GDO to implement the provisions on fish farming; notice of planning applications; and demolition. A great deal of planning guidance will also have to be re-written. I hope that that general statement on the implementation timetable will help all noble Lords.