Mr. Andy StewartTo ask the Secretary of State for the Environment what representations he has received concerning the relationship between article 1.5 of Council directive 85/337/EEC, on the environmental assessment of certain projects, and the private Bill procedure; and if he will make a statement.
§ Mr. Michael Spicer[holding answer 25 June 1990]: A number of representations have been received in the last two years about article 1.5 of directive 85/337/EEC on environmental assessment which provides that the directive shall not apply to projects, the details of which are adopted by a specific act of national legislation. The Joint Committee on Private Bill Procedures included in its 1988 report (HC 625 Session 1987–88) a recommendation that promoters of works Bills must deposit either an environmental statement or a certificate from the appropriate Secretary of State saying that an assessment is not necessary as the project does not fall within the scope of the directive. The Government have welcomed this recommendation and are consulting the authorities in both Houses about its implementation.
Mr. Andy StewartTo ask the Secretary of State for the Environment what contacts he has had with the162W Commission of the European Communities concerning compliance by the United Kingdom with the requirements of Council directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, in respect of works intended to be authorised by the private Bill procedure.
§ Mr. Michael Spicer[holding answer 25 June 1990]: In the case of the King's Cross Railway Bill currently before Parliament the EC Commission forwarded a complaint in January this year alleging that directive 85/337/EEC was being infringed. The Commission was advised in response on 27 February that, although those proposals were exempt from the provisions of the directive because they were contained in a private Bill, British Rail—the promoters—had produced an environmental statement voluntarily. The Commission was advised of the recommendation of the Joint Committee on Private Bill Procedures in so far as it related to environmental assessment and the Government's acceptance of that particular recommendation.
§ Mr. BarronTo ask the Secretary of State for the Environment whether he has any proposals for further regulations to implement Commission directive 85/337/EEC on environmental assessment.
§ Mr. Moynihan[holding answer 25 June 1990]: As indicated in the recent consultation document on "Private Bills and New Procedures" (Cm. 1110) environmental assessment requirements would be included in the new procedure proposed in that document. Apart from some regulations which are currently in preparation to complete implementation of directive 85/337/EEC in Northern Ireland, the Government have no proposals at present for further regulations relating to environmental assessment.
§ Mr. BarronTo ask the Secretary of State for the Environment if he will amend paragraph 68 of "Environmental Assessment: A Guide to the Procedures", to give guidance to persons who could have obtained authorisation for proposed works by procedures under legislation to which the requirements of Council directive 85/337/EEC on environmental assessment have been applied by regulations, that private Bill procedure should not be seen as a possible means to avoiding the submission of an environmental statement.
§ Mr. Moynihan[holding answer 25 June 1990]: No. As the Joint Committee on Private Bill Procedures made clear in its report (HC 625), the private Bill procedure is not an alternative which is generally available to every developer since the purpose of the Bill must be one which cannot be effected without parliamentary authority. The procedure cannot therefore be chosen simply to avoid the need for environmental assessment. Paragraph 68 of the booklet "Environmental Assessment: a Guide to the Procedures" makes clear the Government's view that the promoter of a private Bill should provide an environmental statement if his project would otherwise require one.
§ Mr. BarronTo ask the Secretary of State for the Environment whether he has any plans to issue a revised statement of view as to legal requirements in connection with Council directive 85/337/EEC on environmental assessment published by his Department.
§ Mr. Moynihan[holding answer 25 June 1990]: I see no need for such a revision at present.