Witnesses were:
1. David Wolfe QC, Matrix Chambers
2. William Wilson, Barrister and Director, Wyeside Consulting
LTD
3. Professor Maria Lee, Professor of Law and co-director of the
Centre for Law and the Environment, UCL
4. Daniel Greenberg, Council for Domestic Legislation, Office of
Speaker's Council
Committee chairman MP asked for opinions about the
draft Bill.
Maria Lee said Defra was committed to improving the bill,
recognising it fell far short on what had been promised. Daniel
Greenberg said the intention of the bill was admirable, but
attention was required on implementation and enforcement. William
Wilson said the bill did not yet provide adequate enforcement.
The important test would be whether the UK would have the will
and means to enforce environmental law after Brexit.
Replying to MP, Maria Lee said a suggested
policy statement would not match the legal protections granted by
the EU. As things stood at the moment, the draft Bill would be a
major step backwards on the current law. Daniel Greenberg agreed,
adding that the committee should press the government
particularly on aspects of Clause 4 of the Bill.
MP asked about environmental
improvement plans and how the government could be held to
account.
Much of the questioning focussed on the role and independence of
the Office for Environmental Protection. David Wolfe said there
would be no need for the government to be involved in the
appointments to the OEP and communications with government should
be transparent. William Wilson pointed out that the government
itself wanted the OEP to be independent.
MP pointed out that select
committees would in the future have a significantly more
important role to play in terms of scrutiny.
Further questions related to the teeth of the OEP and binding
notices. MP said the bill would be
enabling and specific targets would be made by Statutory
Instruments.
William Wilson said there could be more effective methods of
accountability than judicial review, such as calling ministers or
officials before select committees.
