Baroness Coffey:

Moved by Baroness Coffey

94F: After Clause 28, insert the following new Clause—“Energy infrastructure projects: publication of environmental principles duty assessmentWhere an energy infrastructure project requires assessment by either—(a) the Secretary of State, or(b) the Gas and Electricity Markets Authority,the individual or body making that assessment must publish its assessment of the environmental principles duty in full, including advice provided and considered.”

My Lords, again, I have split this Amendment off from the other consideration of energy infrastructure projects. To cut to the chase, we need to make sure, bearing on some of the debate that we have had earlier about how we are going to achieve joint objectives, not only that we have a fit-for-purpose grid but about how we move the transition along. I have consistently tried to make the case that that cannot be done at the expense of the natural environment.

Arising from the Environment Act 2021 is a duty on Ministers specifically to consider policy in terms of environmental principles, but I think I am right in saying there is also a requirement to consider the genuine impact of projects when a Minister is giving consent to them. One element will be thinking about biodiversity as well as considering the natural capital accounts of the country—on which we do annual balance sheets which are put forward by the Treasury—and a key consideration should be what is happening as a consequence of the environment to any particular project. One of the things that I am afraid is somewhat shrouded in mystery here is that normally there is just the response, “Yes, we have considered this”, and nothing is shared with the country. My amendment is intended to ensure transparency.

I am conscious that the sub judice rule might apply, and there is already a legal case against the Deputy prime minister over her Section 20 statement regarding the Bill—I am assuming that, by extension, that applies to the Minister as well. However, it is important that not only Ministers but the wider country understand quite what is happening in this balance. The reason I say that is that primary legislation is already in place where the primary indicator is about the recovery of aspects of nature, particularly thinking of species. As a consequence, transparency is vital, and the OEP has been regularly pushing for a lot more transparency on exactly this sort of information so we have a sense of whether we are going to be anywhere close to hitting the targets that this Parliament has already agreed to in both primary and secondary legislation. On that basis, given the time of the evening, I simply beg to move.

My Lords, I thank my noble friend Lady Coffey for bringing Amendment 94F to the attention of your Lordships. It would ensure that the duty relating to environmental principles was published in full. I ask the Minister: how are the Government going to monitor compliance in relation to environmental principles? As importantly, how will Parliament be kept informed of progress in this area? I thank my noble friend Lady Coffey for tabling her amendment and allowing us to ask those questions, and I look forward to the Minister’s response.

My Lords, I was beginning to feel a bit of déjà vu before the noble Baroness, Lady Scott, spoke in place of the noble Lord, Lord Jamieson.

Amendment 94F, tabled by the noble Baroness, Lady Coffey, seeks to ensure that where an energy infrastructure project requires an assessment in relation to the environmental principles policy statement by the Secretary of State or the Gas and Electricity Markets Authority, this assessment and any advice provided and considered as part of that assessment is published.

As highlighted throughout today’s debate and in earlier discussions on the Bill, it is essential that we press ahead and deliver the critical infrastructure that we need to cut greenhouse gas emissions to net zero by 2050 and to achieve a clean power system by 2030. I thank the noble Baroness, Lady Coffey, for tabling this amendment and for the opportunity to set out both how the environmental principles policy statement and the environmental principles more broadly are given due regard by this Government.

The planning process plays a key role in safeguarding the environment. Environmental protections are embedded in planning regulations through mandatory environmental impact assessments and habitat regulation assessments, which ensure that projects are designed and delivered in a way that minimises harm and promotes sustainability. The Secretary of State will carefully consider the environmental impacts of the proposed development, ensuring that potential impacts on environmental receptors are understood and that plans are in place to manage these impacts appropriately before granting consent. These assessments are published as part of the documentation that goes out on the Planning Inspectorate website when a decision is taken.

Under the Environment Act 2021, Ministers are under a legal duty to give regard to the environmental principles policy statement when making policy decisions. The duty is not designed to capture individual regulatory planning or licensing decisions made by Ministers or authorities acting on their behalf. Indeed, they are specifically excluded from the duty. Therefore, decisions made by the Secretary of State on whether development consent should be granted to nationally significant energy infrastructure projects are not subject to the environmental principles policy statement duty, nor does the duty apply to the Gas and Electricity Markets Authority in respect of individual regulatory decisions.

In respect of planning, the principles apply to policies such as the national policy statements, which set the framework for decision-making on nationally significant energy infrastructure projects under the Planning Act 2008. The Government are currently updating the national policy statements for energy and expect to publish these before the end of 2025. Ministers will therefore give due regard to the environmental principles policy statement when considering updates that have been made to the national policy statements ahead of publication. For these reasons, I kindly ask the noble Baroness to withdraw this amendment.

My Lords, we will return to a lot of this in Part 3 of the Bill, so I beg leave to withdraw the Amendment.

Amendment 94F withdrawn.

Amendment 94FA not moved.

House resumed.

House adjourned at 10.47 pm