Nutrient Neutrality: Lib Dems urge ethics adviser to investigate potential breach of ministerial code

EMBARGO: Immediate Release 

Following the announcement by the government to scrap nutrient neutrality laws, the Liberal Democrats are urging for an investigation into a potential breach of the Ministerial Code by the Prime Minister. 

The nutrient neutrality announcement comes just weeks after the Solicitor General, Michael Tomlinson assured the House of Commons that environmental protections would be maintained. The Prime Minister also commented on environmental protections, going as far as saying that "only one party will protect the environment, and that is the Conservative party".  However since then the government announced it will be scrapping nutrient neutrality laws, thereby reducing environmental protections.

Tim Farron MP, the Liberal Democrat spokesperson for the environment, reported the Solicitor General and the Prime Minister to the Ethics Adviser for a potential breach of the Ministerial Code. Section 1.3 of the Ministerial Code outlines that knowingly misleading Parliament represents a breach. 

The Liberal Democrat spokesperson for the environment, Tim Farron MP said: 

“The Prime Minister’s contradiction on environmental protections is not only a grave concern for the environment, but also potentially a serious breach of the Ministerial code. 

“Ministers are expected to provide accurate information. We need an urgent investigation into this to get to the bottom of whether the Prime Minister and Solicitor General have knowingly misled the House of Commons.”

ENDS

Notes to editors: 

Rishi Sunak’s quote can be found here

The Ministerial code can be found here

Full text of the letter:

Dear Sir Laurie, 

I am writing following the announcement by the government to scrap nutrient neutrality rules, a protection which ensures that new development will not increase levels of pollution, including phosphates or nitrates into rivers.

Throughout the passage of the Retained EU Law Bill, Ministers made commitments on the floor of the House that environmental protections would not be removed, and standards would be retained. 

On 12th June 2023, during consideration of Lords Amendments, the Solicitor General, Michael Tomlinson, assured the House that “we will not lower environmental protections”. He repeated that promise on 21st June 2023, when further Lords Amendments were being considered.

It is clear that the decision to scrap nutrient neutrality rules do represent a clear lowering of environmental protections. I would therefore argue that this breaches the commitments made in the Chamber by the Solicitor General.

Furthermore, on 3rd May 2023, in response to a question about sewage in rivers from my colleague Munira Wilson MP, the Prime Minister replied that "only one party will protect the environment, and that is the Conservative party". 

I would make the case that the subsequent decision on nutrient neutrality, which removes environmental protections, contradicts the Prime Minister’s statement.

The Ministerial Code is clear on the “paramount importance” of providing “accurate and truthful information to Parliament”. Section 1.3 of the Code urges Ministers to “[correct] any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister.”

It seems reasonable to believe that if either the Solicitor General or the Prime Minister were aware of the plans to scrap these rules at the time then this would constitute knowingly misleading the House. I note that the Solicitor General made his commitments in an attempt to convince Members to vote against Lords Amendments. These statements were made just weeks before the nutrient neutrality decision was taken. I find it hard to believe that such plans were not being considered within Government at that time. 

I therefore would urge you to investigate both the Solicitor General and the Prime Minister for a potential breach of Section 1.3 of the Ministerial Code. 

I look forward to hearing from you as soon as possible. 

Yours sincerely, 

Tim Farron, Liberal Democrat MP for Westmorland and Lonsdale