The Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill, aims to:
- embed environmental principles into law to underpin future policy decision-making (Part 1);
- establish an environmental governance body (the Office of Environmental Governance Wales – OEGW) which would hold public authorities to account on environmental law (Part 2); and
- introduce a statutory framework for legally binding biodiversity targets (Part 3).
The Climate Change, Environment and Infrastructure Committee’s Stage 1 scrutiny of the Bill resulted in many recommendations on how the Bill could be amended at Stage 2 of the legislative process (summarised in another article).
The Senedd agreed the general principles of the Bill on 11 November and the Committee held Stage 2 proceedings to consider amendments to the Bill on 11 December.
Overview
The Committee considered 165 amendments.
The Welsh Government submitted 47, many of which were to give effect to the Committee’s Stage 1 report recommendations. All were agreed.
The remaining 118 were tabled variously by Julie Morgan MS, Carolyn Thomas MS, Joyce Watson MS, Delyth Jewell MS, Janet Finch-Saunders MS and Rhys ab Owen MS. Of these, 13 were agreed. Several were withdrawn following commitments by the government to address their aims at Stage 3.
This article outlines key developments at Stage 2.
The marshalled list of amendments and voting record provide a comprehensive list of the Stage 2 amendments and their fate. An updated version of the Bill, as amended, has been published.
Part 1 – Environmental objective and principles
Scope of the Welsh Ministers’ principles duty
At Stage 1 many contributors raised concern that the Welsh Ministers’ duty to have special regard to the environmental principles and integrate environmental protection (section 3) did not extend to all policy-making, rather to policy-making that has, or could have any effect on the environment. The Committee recommended extending the duty to apply to all policy-making.
Welsh Government amendment 3 was agreed so the Welsh Ministers’ duty would apply to all policy-making, unless there is no or a negligible effect on the environment.
Delyth Jewell MS’s amendments 121 and 122 aimed to clarify the meaning of “policy” in Part 1 to help application of the principles. These amendments were withdrawn following a government commitment to expand on the meaning of policy in the Bill’s Explanatory Memorandum.
The environmental principles and integrating environmental protection statement
At Stage 1, several stakeholders noted there was no express requirement for the principles statement (section 6) to include definitions or interpretation of the environmental principles. They cautioned this would create uncertainty and could lead to legal challenge.
Amendment 50, tabled by Carolyn Thomas MS, was agreed, requiring the Welsh Ministers to explain in the section 6 statement how the environmental principles should be interpreted.
Stage 1 scrutiny also raised issues around the process for the development of the section 6 principles statement. Welsh Government amendment 13 was agreed to:
- set a date by when the section 6 principles statement must be laid before the Senedd and published (no later than 31 March 2027);
- include a process to enable Senedd scrutiny and recommendations before the section 6 statement is finalised; and
- require the Welsh Ministers to regularly review the section 6 statement, at least once per Senedd term.
Part 2 – The Office of Environmental Governance Wales (OEGW)
A fully operational OEGW
There were calls at Stage 1 for the OEGW to be established and fully operational within the shortest time possible, with stakeholders arguing the body is “long overdue”. Commencement of the Bill’s provisions to allow the OEGW to become fully operational would be a matter for the next Welsh Government. The Committee recommended an amendment so that all provisions in Part 2 would automatically come into force two years from Royal Assent.
Government amendment 39 was agreed so that the OEGW’s substantive functions would come into force no later than 24 months after Royal Assent. Government amendment 40 was also agreed to allow Welsh Ministers to amend the 24-month period (up to a maximum of 48 months), with the Senedd’s approval.
Independence of the OEGW
At Stage 1, the Committee called for various amendments to protect the independence of the OEGW.
Julie Morgan MS’s amendment 117 was agreed and inserts an express provision to require Welsh Ministers to have regard to protecting the OEGW’s independence when exercising functions relating to it.
Agreed amendment 118, tabled by Carolyn Thomas MS, aims to strengthen the independence of the OEGW appointment process by requiring a Member of the Senedd to be included on the appointments panel for non-executive roles and the first chief executive.
Government amendments 42, 43 and 44 were agreed to remove the role of the Welsh Government in compiling panel lists for the review committee (which would have the role of reviewing compliance notices issued by the OEGW if requested to do so by a public authority).
Sufficient funding
The Stage 1 Committee report recommended an amendment to require Welsh Ministers to provide sufficient funding to the OEGW.
An agreed amendment tabled by Delyth Jewell MS (150) inserts an express provision for Welsh Ministers to pay the OEGW with sums sufficient to carry out its functions.
Citizens’ access to environmental justice
The Stage 1 Committee report highlighted concern that the provisions on public representations were buried in Schedule 2 and that a citizen’s right to make representations was merely inferred.
Several amendments aimed to address this, including government amendment 14 which was agreed. However Delyth Jewell MS raised that amendment 14 “sets out only the process; it does not set out the right itself”. Her amendment 162 aimed to set out the right, but it was not agreed.
Part 3 – Biodiversity targets
A headline target and long-term ambition
At Stage 1 the Committee called for a “headline target” to reflect the overall ambition for biodiversity recovery by 2050, aligned with the Global Biodiversity Framework 2050 vision. It also called for a “2035 species abundance target”. Opposition amendments aimed at including these issues were not agreed.
Agreed government amendment 31 requires Welsh Ministers to set out in their section 6 biodiversity plan what action they propose to take to contribute to fulfilling the Global Biodiversity Framework’s 2050 vision.
Delyth Jewell MS’s amendment 133 aimed to strengthen the targets through introducing the underlying aim of “securing the substantial recovery of biodiversity” in the “longer term”. However it was withdrawn following a government commitment to work on this at Stage 3.
Timeframe for target introduction
The Committee has long argued that a three-year timeframe for setting the first suite of targets would fail to reflect the urgency of the nature emergency. At Stage 1 it called for biodiversity targets to be brought forward in 18 months following Royal Assent.
Though an opposition amendment was put forward to reduce the timescale to 18 months, government amendment 21, which reduces the timescale to two years, was agreed.
Target duration
The Committee was concerned that leaving future Welsh Ministers to determine the most appropriate duration for each target risks only long-term or short-term targets being set, when it felt both are needed.
Agreed amendment 53, tabled by Carolyn Thomas MS, requires Welsh Ministers to set both short-term and long-term targets for the species and ecosystems priority areas.
Monitoring progress towards targets
Delyth Jewell MS’s amendment 142 would require Welsh Ministers to collect the data needed to monitor progress against biodiversity targets “to ensure targets are not just aspirational but measurable”. The amendment was withdrawn following the government’s offer to work on this at Stage 3.
Next steps
The Bill is now at Stage 3 of the legislative process where Members of the Senedd can table further amendments. These will be debated, and voted on, during Stage 3 proceedings in Plenary later in the New Year.
For further background see our Bill resource page.
Article by Dr Katy Orford, Senedd Research, Welsh Parliament
