Lord Anderson of Ipswich:
Moved by Lord Anderson of Ipswich
At end insert “, and do propose Amendment 33B in lieu—
33B: Clause 37, page 22, line 23, leave out subsection (8) and insert—“(8) Where the court makes a statement of non-compliance it may grant any remedy that may be granted by it on a judicial review other than damages.(8A) In deciding whether to grant such a remedy, the court must have regard to—(a) the nature and circumstances of the non-compliance;(b) any detriment to good administration that would result from granting or failing to grant a remedy;(c) the interests or expectations of persons who would benefit from the grant of a remedy;(d) the interests or expectations of persons who have relied on the failure by the public authority to comply with environmental law;(e) any other matter that appears to the court to be relevant.””
Ayes 207, Noes 172.