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Environmental Bill Progresses to Report Stage
The Environmental Bill 2019-21 returned to parliament on 26th January 2021 to begin the report stage, which gives MPs the chance to consider any further amendments to the bill. Once this stage is completed the bill will progress to a third reading in the Commons, before reaching the House of Lords where further amendments can be made and the bill can be given royal assent.
Committee Stage
During the Committee stage there were several amendments and new clauses introduced, many of which relate to the establishment and functions of the Office for Environmental Protection (OEP). It is hoped these changes will bring greater clarity about the role of the OEP and how the OEP operates with other legal mechanisms. For example, some of the changes included:
Labour proposed many amendments to the bill, but all were defeated. Of note was a proposal seeking to require manufacturers, processers, distributors and suppliers of packaging to contribute to the “social costs” (and not just to disposal costs), incurred throughout the lifecycle of the products or materials.
- To change the new environmental review process from being held in the upper tribunal to the High Court;
- To limit the OEP’s powers to intervene in judicial review proceedings to “serious” cases;
- To limit the OEP’s powers to initiate judicial review proceedings to “urgent” cases
Labour proposed many amendments to the bill, but all were defeated. Of note was a proposal seeking to require manufacturers, processers, distributors and suppliers of packaging to contribute to the “social costs” (and not just to disposal costs), incurred throughout the lifecycle of the products or materials.
Report Stage
Two days have been scheduled for the Bill’s remaining stage in the Commons (Report and Third Reading). Day one of the Report Stage took place on 26th January 2021, at which only Government amendments were added to the Bill, such as:
- Making clear that the English inshore and offshore region will be subject to the ‘significant improvement test’. This test relates to reviews of environmental targets that the Bill will outline. The test is satisfied where the Secretary of State believes that meeting the targets will result in significant improvements to the natural environment.
- A series of amendments which should align the clauses relating to the Office for Environmental Protection’s Northern Ireland enforcement functions with the equivalent provisions for England.
Delay
The Bill was considered during 22 sittings of the Public Bill Committee from 10th March 2020 to 26th November 2020. During these sittings there was a break because of the restrictions related to the Coronavirus pandemic.
There is now further delay as a carry-over motion has been tabled which means the Bill’s remaining stages will not take place until the next parliamentary session. The Government has pointed to pressures on parliamentary time due to the COVID-19 pandemic as the reason for the delay.
There is now further delay as a carry-over motion has been tabled which means the Bill’s remaining stages will not take place until the next parliamentary session. The Government has pointed to pressures on parliamentary time due to the COVID-19 pandemic as the reason for the delay.
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This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
