§ 7.35 p.m.
§ Viscount Montgomery of AlameinMy Lords, I beg to move that this Bill be now read a third time.
It has been a privilege for me to sponsor the Antarctic Bill. Its enactment will contribute materially to the preservation of the antarctic environment both now and for future generations. That this is a matter of widespread anxiety has been illustrated by all-party support both in this House and in another place.
The object of the Bill is to make the changes to United Kingdom law which are needed so that the United Kingdom can ratify the 1991 Environmental Protocol to the Antarctic Treaty. The speedy passage of this Bill will ensure that. I hope that the progress that we have made in this House will encourage other treaty parties to introduce similar domestic legislation and to complete their own ratification procedures as fast as possible so that the protocol can enter into force. I commend the Bill to the House.
Moved, That the Bill be now read a third time.— (Viscount Montgomery of Alamein.)
§ Lord HenleyMy Lords, I shall try to be brief. First, I should like to place on record our pleasure at the imminent passing into law of this Bill and to congratulate my noble friend Lord Montgomery on the work that he has done in sponsoring it.
I would like briefly to take the opportunity to confirm certain ministerial assurances contained in correspondence from my noble friend Lady Chalker addressing anxieties raised on Second Reading. Copies of the full correspondence have been placed in the Library. But it would be helpful, I believe, if those assurances were to be given to the House.
The first point relates to the fact that certain of the permits introduced by the Bill do not have the transparency provided for them by the Antarctic Treaty system in the same way as wildlife or protected area permits. The reason for this is that in this respect the Bill has gone beyond the provisions set out in the protocol by creating a permit system to ensure rigorous enforcement. With regard to Clauses 3 to 6, I can give the House an assurance that the regulations, which will be made under Clause 14, will provide that the fact that an application for a permit under any of those clauses has been made will have to be notified expeditiously in the London Gazette. The regulations will also require the applicant to make details of the application available on request.
I can also assure the House that, when the Secretary of State is considering applications for permits, he will, in addition to complying with the requirements of Clause 15, take into account any representations which he may receive from any quarter, whether governmental or non-governmental. It will, of course, be for the Secretary of State to determine, in the light of all the circumstances, what weight to give to such representations.
The second point relates to informing third parties of the reasons why a permit has been refused. I believe that this would be wholly inappropriate. It could give rise to 1879 a situation where information, even of a defamatory nature, would be required to be given to a third party. That cannot be right. I can, however, assure the House that the Secretary of State will provide in the regulations that the applicant must be given the reasons for refusal of his permit application. It would then be for the applicant to decide whether he wished the reasons for refusal of his permit application. It would then be for the applicant to decide whether he wished the reasons to be given to others or aired publicly.
The third point relates to the public availability of initial environmental evaluations. The protocol requires that a list of such evaluations must be prepared annually, circulated to the Committee for Environmental Protection (which is to be established under the protocol) and to the other treaty parties, and be made public. The Government will ensure that that is done. Article 6(2) of Annex I to the protocol also requires that such an evaluation must be made available on request. We shall ensure that that too is done.
I hope that with those assurances, this Bill will be given the blessing of the House.
§ Viscount Montgomery of AlameinMy Lords, the issues which my noble friend has mentioned were raised at an earlier stage by the noble and learned Lord, Lord Archer of Sandwell, and the noble Lord, Lord Beaumont of Whitley. They cannot be here this evening but I discussed those matters with them yesterday and I know that they will be grateful for the assurances which the Minister has given this evening.
For my part, I am most grateful to my noble friend for what he has said at all stages. I am grateful too for the support that the Bill has received in all parts of the House. I hope that the House will now give the Bill a Third Reading.
On Question, Bill read a third time, and passed.