Lords agrees improvements to Environment Bill

Explore further information on the new law

Read background on the draft law in the House of Lords Library Environment Bill briefing.

The Delegated Powers and Regulatory Reform Committee examines bills to ensure any power they give to ministers to make SIs is appropriate. Read its report on the Environment Bill.

The Constitution Committee examines the constitutional implications of bills coming before the House. Find out more about its report on the Environment Bill.

Progress of the draft law through the House of Lords

Consideration of Commons amendments: Tuesday 9 November

The House of Commons considered Lords changes (amendments) to the bill on Monday 8 November and returned it to the House of Lords.

Find out more about the changes discussed: catch up on Parliament TV or read a Lords Hansard transcript.

Consideration of Commons amendments: Tuesday 26 October

Members considered Commons reasons for disagreeing with Lords changes (amendments) to the bill.

Proposed changes

The proposed changes (PDF) covered subjects including:

• air quality targets
• soil quality
• independence and powers of the Office for Environmental Protection
• protection of pollinators
• discharge of untreated sewage into rivers.

The House of Commons has previously accepted a Lords amendment on extending measures to reduce single-use items.

Members voted on five further changes to the Bill, which were put forward in lieu of Lords amendments rejected by the Commons.

Soil quality

The first vote was an amendment to make soil quality a priority, with targets set against it.

Members voted 114 in favour and 207 against, so the change was not made.

Air quality

The second vote was an amendment to secure targets for the annual mean level of PM2.5 in ambient air.

Members voted 202 in favour and 210 against, so the change was not made.

Office for Environmental Protection (OEP)

The third vote was on an amendment to ensure that the OEP had sufficient independence to allow it to fulfil its function of holding public authorities, including ministers, to account in relation to breaches of environmental law. 

Members voted 223 in favour and 172 against, so the change was made.

Non-compliance with environment law

The fourth vote required a court to consider the nature of non-compliance, the impact of its decision and other relevant matters when deciding to grant a remedy for non-compliance.

Members voted 207 in favour and 172 against, so the change was made.

Untreated sewage

The final vote puts a duty on water companies to take all reasonable steps to reduce the impact of untreated sewage discharges from storm overflows into inland and coastal waters.

Members voted 213 in favour and 60 against, so the change was made.

Find out more about the issues discussed: catch up on Parliament TV or read a transcript in Lords Hansard.

Third reading: Wednesday 13 October

Third reading is the chance for members to ‘tidy up' a bill, making any small changes to ensure it is effective. 

No changes to the wording of the bill were put forward ahead of third reading. Members discussed the progress of the bill through the House at the conclusion of Lords stages.  

Catch up on Parliament TV or read a Lords Hansard transcript.

Report stage overview

Report stage is an extra chance for members to closely scrutinise elements of the bill and make changes. 

During the course of this stage, members voted to make 14 changes to the draft law as well as accepting amendments proposed by the government. The areas members agreed to make changes on include:

• air quality targets
• declaring a climate and biodiversity emergency
• the independence of the Office for Environmental Protection
• protecting pollinators
• reducing single-use items
• ending harm to the environment from discharging untreated sewage into rivers
• protecting ancient woodland.

Report stage day four: Wednesday 15 September

Proposed changes

Members put forward changes (PDF) (amendments) to consider at report stage.

There were four divisions (votes) on proposed amendments to the bill.

Important habitats

The first vote was on amendment 99, which ensures that powers to amend Habitats Regulations may only be used following consulation for the protection for important habitats, sites and species as well as overall environmental protection.

Members voted 201 in favour and 186 against, so the change was made.

Ancient woodland

The second vote was on amendment 100, which seeks to protect more than 800 ancient woodlands threatened by development through strenghthening current planning policy.

Members voted 193 in favour and 189 against, so the change was made.

Deforestation review

The third vote was on amendment 108A, which ensures a review of the efficacy of deforestation provisions at the earliest opportunity.

Members voted 183 in favour and 177 against, so the change was made.

Conservation covenants

The final vote was on amendment 110, which adds formality to the process of creating a conservation covenant to reflect the serious, long-term nature of the commitments being made, and include provisions regarding the obligation and consideration due to landowners.

Members voted 162 in favour and 144 against, so the change was made.

Catch up on Parliament TV (part one and part two) or read a transcript in Lords Hansard (part one and part two).

Report stage day three: Monday 13 September

Proposed changes

Members put forward changes (PDF) (amendments) to consider at report stage.

There were four divisions (votes) on proposed changes to the bill.

Single use materials

The first vote was on amendment 40, which enables regulations to be
made on charges for single use items, including plastic. This would provide the government with a tool to address single use culture and prevent existing materials being replaced by alternatives which cause environmental harm.

Members voted with 203 in favour and 167 against, so the change was made.

Application of pesticides

The second vote was on amendment 52, which requires the government to prohibit the application of chemical pesticides near buildings and open spaces used by residents and members of the public, in order to improve air quality and protect human health.

Members voted 52 in favour and 174 against, so the change was not made.

Protection of pollinators

The third vote was on amendment 53, which fixes a gap in the pesticide authorisation process which currently omits any assessment of the long-term effects of pesticides on honey bees and other wild pollinators.

Members voted 189 in favour and 177 against, so the change was made.

Untreated sewerage

The final vote was on amendment 60, which aims to eliminate the harm caused to the environment and human health by the discharge of untreated sewage into rivers, and ensures agencies use their powers of enforcement to prevent this.

Members voted 184 in favour and 147 against, so the change was made.

Catch up on Parliament TV (part one and part two) or read the transcripts in Lords Hansard (part one and part two).

Report stage day two: Wednesday 8 September

Proposed changes

Members put forward changes (PDF) (amendments) to consider at report stage.

Members speaking discussed subjects from the amendment list and voted on three changes to the bill.

Interim targets

The first vote was on amendment 11, which ensures the government has a duty to meet any interim targets they set relating to environmental strategy.

Members voted with 203 in favour and 181 against, so the change was made.

Policy exemptions

The second vote was on amendment 20, which removes exceptions for armed forces, defence policy, tax, spending and resources to have due regard to the policy statement on environmental principles.

Members voted with 184 in favour and 182 against, so the change was made.

Office of Environmental Protection

The third vote was amendment 24, which ensures the Office of Environmental Protection (OEP) is as independent as possible.

Members voted with 180 in favour and 151 against, so the change was made.

Court judgements

The final vote was on amendment 27, which removes restrictions on the discretion of the court to grant a remedy where the court finds there to be a breach of environmental law. The bar on awarding damages to the OEP is retained.

Members voted 153 and 143 against, so the change was made.

Members also agreed to government amendments including on parliamentary scrutiny of guidance to the enforcement policy of the Office for Environmental Protection.

Catch up on Parliament TV (part one and part two) or read a transcript in Lords Hansard (part one and part two).

Report stage day one: Monday 6 September

Proposed changes

Members put forward changes (PDF) (amendments) to consider at report stage. Members discussed subjects from the amendment list and voted on four changes to the bill. 

Biodiversity and climate emergency

The first was on a change (amendment 1) declaring a climate and biodiversity emergency, domestically and globally, as soon as reasonably practicable.

Members voted 209 in favour and 179 against, so the change was made. 

Soil health

The second vote was on a change (amendment 2) to ensure soil health and quality are a priority area for environmental improvement.

Members voted 209 in favour and 166 against, so the change was made. 

Air Quality

The third vote was on a change (amendment 4) which requires PM2.5 air quality targets, so far as practicable, to follow World Health Organization guidelines, with an attainment deadline of 2030 at the latest.

Members voted 181 in favour and 159 against, so the change was made.

Plastics reduction

The final vote was on a change (amendment 8) requiring the Secretary of State to introduce a target for reducing plastic pollution and the volume of non-essential single-use products (including but not limited to plastics) in circulation in the economy and society.

Members voted 81 in favour and 107 against, so the change was not made.

Species abundance

Members also accepted a government change (amendment 6) which requires the Secretary of State to set environmental targets that would halt a decline in the abundance of species.

Catch up on Parliament TV (part one) and (part two), or read a transcript in Lords Hansard (part one) and (part two).

Committee Stage

Members considered more than 300 changes during line by line scrutiny of the bill committee stage over eight days.

Committee stage day eight: Wednesday 14 July

Proposed changes 

Members put forward changes (PDF) (amendments) to consider at committee stage.

Members speaking on day eight discussed a wide range of subjects from the list of changes, including:

• monitoring marine environments and researching the impact of offshore windfarms
• banning fracking
• creating economic goals to deliver environmental protections
• supporting the creation of an international crime of 'ecocide'
• assessing local authorities abilities to deliver schemes in the bill.

Catch up on Parliament TV or read a transcript in Lords Hansard.

Committee stage day seven: Monday 12 July

Proposed changes

Members put forward changes (PDF) (amendments) to consider at committee stage.

Members speaking on day seven discussed a wide range of subjects from the list of changes, including:

• species conservation strategies
• protection of national parks
• protection of forests and ancient woodland, and preventing the importing of tree diseases
• creating a tree strategy in England with targets for protection, restoration and expansion of trees and woodland
• monitoring marine environment data.

Catch up on Parliament TV  or read a transcript in Lords Hansard.

Committee stage day six: Wednesday 7 July

Proposed changes

Members put forward changes (PDF) (amendments) to consider at committee stage.

Members speaking discussed changes on a range of issues, including:

• improvement of wastewater treatment, reporting of discharges into rivers and requiring grey water systems in new buildings
• changes to water abstraction licenses
• water quality standards and measures to reduce household water demand
• biodiversity gains in infrastructure projects and requiring public authorities to act to conserve and enhance biodiversity.

Catch up on Parliament TV or read a transcript in Lords Hansard.

Committee stage day five: Monday 5 July

Proposed changes

Members put forward changes (PDF) (amendments) to consider at committee stage.

Members speaking discussed changes on a range of subjects including:

• accelerating the start of a deposit return scheme
• prohibiting the export of plastics
• requiring supermarkets to reduce food waste by at least half by 2030
• improving air quality, including reducing speed limits and regulating use of pesticides
• plans for ensuring the supply of water and management of sewage.

Catch up on Parliament TV or read a transcript in Lords Hansard.

Committee stage day four: Wednesday 30 June

Proposed changes

Members put forward changes (PDF) (amendments) to consider at committee stage.

Members speaking discussed changes on a wide range of subjects including:

• the role and powers of the Office for Environmental Protection, including the ability to issue financial penalties to public authorities that do not comply with decisions
• expanding the definition of ‘natural environment’, which the bill aims to protect, to include soil and marine environments
• clearer marking on products that are not flushable
• reimbursing landowners, such as farmers, for removal of fly-tipped waste and extending the ‘polluter pays’ principle to fly-tipping
• accelerating the roll-out of a deposit return scheme for plastic bottles.

Catch up on Parliament TV or read a transcript in Lords Hansard.

Committee stage day three: Monday 28 June

Proposed changes

Members put forward changes (PDF) (amendments) to consider at committee stage.

Members speaking on day three discussed changes on a wide range of subjects including:

• requiring all government bodies to consider environmental impacts
• removing exceptions for the armed forces and other bodies 
• requirements relating to Scotland and Wales
• creation of an independent Commissioner for Environmental Protection.

Catch up on Parliament TV or read the Lords Hansard transcript.

Committee stage day two: Wednesday 23 June

Prosposed changes

Members put forward changes (PDF) (amendments) to consider at committee stage.

Members speaking discussed changes on a wide rage of subjects including:

• requiring targets for reduction of plastic packaging, improving air quality and species abundance
• strengthening environmental improvement plans by introducing minimum requirements
• changes to the creation and management of targets specified in the bill, including more frequent monitoring and evaluating reasons why targets are not being met.

Catch up on Parliament TV or read a transcript in Lords Hansard.

Committee stage day one: Monday 21 June

Proposed changes

Members put forward changes (PDF) to the bill, with 300 amendments on the list, including government amendments.

Members speaking discussed changes on topics including:

• defining the purpose of the bill
• making cleaning up rivers a priority
• targets for marine biodiversity, reducing resource usage, increasing public access to the natural environment and tackling light pollution.

Find out about all the issues members discussed: catch up on Parliament TV or read a transcipt in House of Lords Hansard.

Second reading: Monday 7 June

Members debated the main areas of the bill at second reading.

The bill was welcomed but members argued for stronger provisions to address the urgent challenge of climate change. In particular in relation to issues including: 

• the marine environment and water quality
• air quality and transport policy
• depleted biodiversity.

Targets and powers

Many members questioned how the government will ensure the bill's targets will be met, in light of previous missed targets. They said specific interim targets (as well as long term targets) would be needed to hold the government to account.

Thay also highlighted the need to give the Office for Environmental Protection (OFP) sufficient powers to fulfil its role.

Storm damage and decline of nature

The government outlined amendments it will put forward at committee stage to:

• reduce the harm from storm overflows to rivers, waterways and coastlines
• require a legally binding target on species abundance for 2030 to halt the decline of nature (acting on the recommendations of the Dasgupta Review).

Find out about all the issues discussed: catch on Parliament TV or read a transcript in House of Lords Hansard.

Image: Chris Walker on Unsplash