(2 years ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Environmental Targets (Public Authorities) Bill [HL] 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, I thank the noble Lord, Lord Krebs, and congratulate him on securing this debate on his Private Member’s Bill this afternoon. I thank all Members who have stayed behind on a Friday afternoon to take part. It has been important to continue to highlight the intertwined issues of environmental decline and climate change. There are, of course, vital issues which this House must continue to highlight and help find solutions to.
The intention of the Bill to drive and strengthen local and other public authority action towards meeting national environmental and climate targets and objectives is important. Indeed, the noble Lord and I have discussed the need to ensure that such action is appropriately and proportionately considered, supported and delivered. This is clear from the Government’s commitment to the 13 legally binding environmental targets set out under the Environment Act, which have been discussed during this debate. These include targets on water, biodiversity, resource efficiency, and tree and woodland cover. We intend to share more delivery information about this in the future to help ensure that we get on track to meet these statutory targets.
The Government have wasted no time—it was one of the Secretary of State’s first actions—in announcing a rapid review of the statutory environmental improvement plan, the EIP, to make sure that it is fit for purpose. After our rapid review of the EIP, we will publish a revised version. This revised plan will focus on cleaning up our waterways, reducing waste across the economy, looking at the numbers of trees we will need to plant, improving air quality and, importantly, halting the decline in species by 2030. Ensuring nature’s recovery is a key priority and is fundamental to the Government’s approach to economic growth. We will develop the new plan working closely with representatives of the public, private and third sectors, and I would hope that that would include noble Members of this House.
Throughout this time, action to deliver against existing commitments will continue at pace. This includes action on regulatory and policy measures intended to deliver the kinds of action that this Bill sets out to ensure, notably those under the Climate Change Act 2008, including our targets in the net zero strategy to reduce direct emissions from public sector buildings by 75% by 2037, and the Environment Act 2021. The noble Baroness, Lady Bennett, asked about the land use framework. I said in a debate earlier this week that we were looking to publish a Green Paper by the end of the year. This will be for consultation as part of the development of the framework as we go forward.
I want to mention local nature recovery strategies. They are an important tool that we can use while we take action to deliver against our existing commitments. They will set the strategic priorities for nature recovery in a particular area and identify the best locations for land management actions to deliver these priorities. Forty-eight responsible authorities across the country are currently preparing nature recovery strategies for their area and we expect to see publication from March next year. They will be delivered through a combination of funding streams, such as biodiversity net gain, other green finance initiatives and public funding pots and, crucially, through an Environment Act requirement for public authorities to have regard to carrying out these activities.
This requirement, which is the biodiversity duty under Section 40 of the Natural Environment and Rural Communities Act, was strengthened through the Environment Act. Noble Lords who took part in that will remember our debates on this. It came into force in January of last year. Under the duty, all public authorities must consider the actions they can take to conserve and enhance biodiversity in England and, where actions are identified, set policies and objectives as soon as practicable to deliver actions and then take that action. In making their considerations and taking such action, all public authorities must have regard to any relevant LNRSs as well as to any relevant species conservation strategies or protected sites strategies prepared by Natural England.
Local authorities and local planning authorities must also publish five-yearly reports setting out the action they have taken under the duty. The first reports have to be published by 1 January 2026. We expect this strengthened duty to ensure that public authorities make the conservation and enhancement of biodiversity a core part of the delivery of their functions.
I want to make it very clear that this Government are fully committed to protecting 30% of land and sea for nature by 2030. We intend to take immediate action to realise the urgent step change needed to deliver 30 by 30 on land. We are currently in the process of reviewing our approach, and later this year we hope to confirm the criteria for land counting towards 30 by 30 in England. This will set a clear, ambitious standard to ensure that only areas that are effectively conserved and managed can contribute towards this commitment.
The noble Baroness, Lady Willis, the noble Earl, Lord Russell, and the noble Lord, Lord Blencathra, all mentioned protected landscapes. As the noble Lord, Lord Blencathra, said, we both understand the challenges that the Lake District National Park particularly faces. The Government are actively considering further options to ensure that our protected landscapes have the tools and powers they need to deliver for people and nature, including through regulation and guidance. Relevant authorities must now seek to further the purposes of protected landscapes to deliver better outcomes for nature, people, climate and place. The noble Baroness, Lady Willis, also asked about marine protected environments. The Government have taken significant steps to protect this environment. At the moment, there are 181 NPAs, including three highly protected marine areas. They cover about 38% of UK seas. Our priority now is to ensure that those areas are properly protected.
The Bill from the noble Lord, Lord Krebs, rightly recognises the crucial role for climate adaptation. England’s third national adaptation programme summarises the collective actions that the UK Government are taking to address risks and opportunities from climate change and to ensure that adaptation is incorporated into government programmes. As the noble Lord, Lord Krebs, said in his introduction, this is a legal requirement under the Climate Change Act 2008 and government departments are required to respond to the risks and opportunities raised in the most recent climate change risk assessment report.
The Climate Change Committee monitors and evaluates the performance of governmental organisations that have actions to address climate risks, as set out in this national adaptation programme. It publishes its findings in a biannual progress report on climate adaptation. The last report was published in March 2023; the next will be in 2025. We will then review the CCC’s recommendations from that report.
I recognise the importance of the proposed Bill’s ambition and principles. However, there are measures in place seeking to realise this ambition. Some, I know, will need time to take form, but we are fully committed to this and are closely monitoring progress. Furthermore, the review and revision of our environmental improvement plan provides the ideal vehicle to consider the Bill’s principles and their practical implications, in the manner they deserve and in collaboration across society.
I turn briefly to the question of access, which was mentioned by the noble Earl, Lord Russell. This is part of my portfolio and something that I am keen to work on in a proactive way. I am currently looking at our existing access to blue and green spaces, so that we can build on our manifesto commitment to create new river walks, and further access, going forward.
I finish by saying that, although time is not on nature’s side—the noble Baroness, Lady Bennett, made that very clear—by working hand in hand across sectors on these vital issues, I am confident that we can use the opportunity of the Bill in front of us today to discuss and collectively agree on a way to deliver what sits at the heart of the vision of the noble Lord, Lord Krebs: to reduce and adapt to the impacts of climate change and restore and improve our natural environment.
I thank the noble Lord again for bringing this Bill to the House and enabling this debate. I have been very pleased to have discussions on this with him and with other noble Lords. I look forward to working with him and other noble Lords who take a keen interest in this area as we review and revise our environmental improvement plan. I assure noble Lords that this Government are firmly committed to working collaboratively as we move forward to improve the natural environment.
(1 year, 4 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Environmental Targets (Public Authorities) Bill [HL] 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lord in Waiting/Government Whip (Lord Katz) (Lab)
My Lords, I congratulate the noble Lord, Lord Krebs, on his Private Member’s Bill, and thank him and all noble Lords who took part in the debate on Amendment 1. I look forward to hearing the noble Lord’s remarks shortly. He rightly highlights through his Bill, and his contributions so far during its passage through your Lordships’ House, the intertwined issues of environmental decline and climate change, on which this House must continue to engage.
As my noble friend Lady Hayman of Ullock has noted, the intention of the Bill to drive and strengthen public authority action towards meeting national, environmental and climate targets and objectives is important. Of this the Government are in no doubt. Encouraging nature’s recovery is a key priority, fundamental to the Government’s approach to economic growth. However, at the risk of repeating my noble friend’s comments at Second Reading, there are already measures in place seeking to realise this Bill’s ambition.
For example, we expect that the Natural Environment and Rural Communities Act’s biodiversity duty, strengthened through the Environment Act, will ensure public authorities make conservation and enhancement of biodiversity a core part of the delivery of their functions. Local nature recovery strategies will set the strategic priorities for nature recovery in an area and identify the best locations for land management actions to deliver those priorities. These are progressing well, and we expect most or all to be published this year or shortly after, covering the length and breadth of England.
On climate adaptations, England’s third national adaptation programme, NAP3, summarises the collective actions the Government are taking to address risks and opportunities from climate change and to ensure that adaptation is incorporated into government programmes. Recently, through the Water (Special Measures) Act, this Government introduced a requirement on Ofwat to have regard to the need to contribute to achieving targets in the Environment Act 2021 and the Climate Change Act 2008 when carrying out its functions. We intend to strengthen the statutory purposes of protected landscapes, our most iconic and inspiring places, to give them a clear mandate to recover nature and to widen the public’s access to it.
This Government are firmly committed to working collaboratively to improve the natural environment. As we have already heard in noble Lords’ contributions this afternoon, the Secretary of State for Environment, Food and Rural Affairs wasted no time in announcing a rapid review of the statutory environmental improvement plan, and we will publish a revised EIP this year. This revised plan will focus on cleaning up our waterways, reducing waste across the economy, planting millions more trees, improving air quality and halting the decline in species by 2030. To answer the question posed by my noble friend Lady Young of Old Scone on wider alignment, there are already measures in place to realise the Bill’s ambitions through this collection of actions.
Further, on net zero, the Government will deliver an updated plan that sets out the policy package to the end of carbon budget 6 in 2037 for all sectors by October 2025. This will outline the policies and proposals needed to deliver carbon budgets 4 to 6 and our nationally determined contribution commitments on a pathway to net zero.
The amendment in the name of the noble Lord, Lord Hamilton, effectively proposes the removal of climate adaptation from the remit of this Bill. I agree with my noble friend Lady Young of Old Scone and the noble Earl, Lord Russell, that the noble Lord’s speech seemed more focused on net-zero targets than climate adaptation, which is the focus of his amendment.
Climate adaptation is essential for supporting our natural environment and biodiversity, as the Bill from the noble Lord, Lord Krebs, recognises, as well as protecting our communities and economy. Climate change is now an inevitable part of our present and future, posing many challenges with severe impacts on our lives, health and prosperity. It is therefore essential that we continue to adapt to climate change, not only for the environment’s sake but to reduce its significant economic and growth impacts. As my noble friend Lady Hayman of Ullock made clear at Second Reading, this Government are fully committed to addressing net zero and the role that climate change plays, as summarised in NAP3.
I will briefly address the points the noble Lord, Lord Hamilton, made about net zero. The British people deserve lower-cost, clean and secure power—we are all in agreement on that—and the good jobs that will come along with that. Certainly, it is the role of all Governments to protect us from the long-term threats we face in energy security. The economic case, the national security case and the environmental case all point in the same direction, which is our clean green energy mission that will protect the country from exposure to unstable international markets and give greater security and stability to both family and national finances in terms of energy costs. We will achieve this through delivering clean power by 2030 and accelerating to net zero. Our mission will bring energy security, protect bill payers, create good jobs and help protect future generations from the costs of climate breakdown.
The noble Baroness, Lady Parminter, spoke with passion and knowledge about the importance of engaging every level of society—local authorities, businesses, individuals and other stakeholder groups—in our mission to tackle climate adaptation and pursue net zero. Defra and DESNZ are working on a public participation strategy. The noble Baroness made some well-observed comments about the importance of engagement at all levels of society and I will take that back to colleagues in both departments.
In conclusion, I thank the noble Lord, Lord Krebs, for bringing this Bill to the House and enabling this debate, and I look forward to hearing his comments.
My Lords, I declare my interests as set out in the register—in particular, as the noble Lord, Lord Hamilton of Epsom, has already mentioned, that I chair the independent advisory group on sustainability for the Drax Group.
I thank the noble Baroness, Lady Hayman of Ullock, for meeting me to discuss the Bill and the noble Lord, Lord Katz, for discussing it with me just a couple of days ago. I thank all noble Lords for their contributions to this debate. It was heartening to hear support for the Bill from all sides of the House, although there were some voices of scepticism. It is important to recognise that the environment and climate are not partisan issues; they are things that affect future generations. We are concerned about it for the future of our children, grandchildren and future generations in general. I thank the noble Earl, Lord Effingham, for his kind words about me personally.
When I read Amendment 1 in the name of the noble Lord, Lord Hamilton of Epsom, its purpose was not clear to me. As others have said, including the noble Baroness, Lady Young of Old Scone and Lady Coffey, the noble Earl, Lord Russell, and the Minister, it removes the adaptation element of the environmental recovery objective by deleting lines seven and eight of Clause 1. It also removes the environmental recovery objective itself by deleting lines nine to 11. As others have pointed out, without this objective, the rest of the Bill would make no sense, as it is all about how the listed public authorities deliver the environmental recovery objective. I was therefore tempted to conclude that the noble Lord intended it as a wrecking amendment. However, I now understand that the amendment is based on scepticism about achieving the targets in the Environment Act and, particularly, the net-zero target of the Climate Change Act.
In other words, the amendment is not directed at my Bill, but at these two Acts of Parliament. I could rebut in detail the arguments made about net zero by the noble Lord, Lord Hamilton, but because I believe the amendment is out of scope, I prefer not to engage in the detail. I suggest that if the noble Lord objects to the net-zero target passed by the previous Conservative Government, it would be more appropriate to try to change that Act rather than this Bill.
It is therefore perhaps worth restating what this Bill is about, and some of these points have already been made. It introduces an objective for the many public authorities, regulators, land managers, infrastructure providers, planning authorities and so on to contribute to the specific targets in the Environment Act and the Climate Change Act. As the noble Earl, Lord Russell, said, these public authorities are the bodies that make the daily decisions that affect the state of our environment, our resilience to climate change and our greenhouse gas footprint. In fact, the truth is that, without the contributions of these public authorities, there is no hope of meeting the targets—a point made by a number of noble Lords.
I will briefly allude to local authorities, since they were mentioned by the noble Baroness, Lady Parminter, and the noble Lord, Lord Jamieson, among others. It is worth noting that, in spite of what has been said, on Wednesday this week the LGA published its position on my Bill, in which it said it is in principle in favour of a statutory climate duty. There you have it: the LGA, which represents local authorities, supports the intention of this Bill.
The Minister has said that the Government are not going accept the Bill, although they agree with the principles in it. However, I point out that the Government have recently said that they will
“clarify how the environmental improvement plan will be delivered, including the role of government departments and bodies, environmental NGOs, businesses, farmers, landowners/managers, local government and the public”.
This Bill should be a godsend. It provides the clarity that the Government is seeking on how to deliver the environmental improvement plan.
Furthermore, two recent reports, commissioned by Defra, also point in the same direction as my Bill. The interim Cunliffe report, on the water sector, concludes that
“the sector needs a clearer and more consistent long-term direction—one that aligns environmental ambition, the provision of water supply and wastewater removal, and the expectations of customers … We believe the legislative framework that underpins the sector must be revisited”,
which is what this Bill is in part doing. The report goes on to mention resilience and adaptation.
The Corry review of the regulatory system in Defra states that the system is now
“inefficient and difficult for customers to navigate. It needs to work in a fundamentally different way, to become a system focused on delivering positive outcomes for nature and the environment and to be an aid not an impediment to sustainable growth”.
So there you have it. The Government’s own plans for the environmental improvement plan and the two reviews that Defra, commissioned by Cunliffe and Corry, all point in the same direction as my Bill: make the regulatory regime simpler, clearer and more effective. At the same time, ensure that public authorities are helping to deliver the specific legally binding targets for nature and climate.
During the debate, the Minister and other noble Lords referred to a number of existing initiatives: for example, the biodiversity duty that the noble Baroness, Lady Coffey, mentioned; the local nature recovery strategies that a number of noble Lords referred to; the devolution framework, which has been implicit, although not specifically referred to; and the protected landscapes targets and outcomes framework, referred to by the noble Earl, Lord Effingham, among others. These initiatives are, without doubt, important, but they could be enhanced by specific guidance on timelines for meeting the targets in the two Acts. The biodiversity duty, for instance, has the rather weak guidance:
“Consider what you can do to conserve and enhance biodiversity. Agree policies and specific objectives based on your consideration. Act to deliver your policies and achieve your objectives”.
There is no link to the Environment Act or the Climate Change Act, so we could strengthen the guidance for those duties.
To summarise, my three asks of the Government in the future, would be—
My Lords, it might be helpful if I inform your Lordships’ House that we will be finishing all the business on today’s Order Paper, so Members may want to consider the length of their contributions.
Lord Jamieson (Con)
Perhaps I might clarify that that has not been agreed by the usual channels and the convention is that we finish at 3 pm. We have already had two very late sittings this week, if not three.
My Lords, I did just put it in the Teams chat. I did try to talk to the noble Lord about it this afternoon. I am happy to continue such conversations, but having this conversation is also eating into our time. It may be helpful, given that noble Lords are here waiting for their business to commence, that we commence with the business.
Clause 2: Duty on public bodies to take steps to achieve environmental targets
Amendment 2
The Earl of Effingham (Con)
My Lords, Amendment 2, tabled by my noble friend Lord Trenchard, seeks to remove Great British Nuclear, now re-named Great British Energy-Nuclear, from the scope of this Bill. In adding this amendment, my noble friend recognises the unique role of nuclear energy in our national energy strategy. He cautions against implementing duplicative regulatory burdens that could hinder the progress of a key part of the nation’s energy infrastructure.
Nuclear power is already one of the most tightly regulated industries in the UK, subject to the most stringent environmental and safety standards. The existing framework ensures that nuclear development aligns with our broader environmental goals without the need for additional oversight. Imposing further targets through this Bill may simply add another layer of unnecessary obligations, delaying projects that are critical to our energy security and His Majesty’s Government’s net-zero ambitions.
We must confront the reality that nuclear energy is different from other forms of power generation. The upfront costs are substantial, the lead times are long, investors and operators need stability and clarity, not shifting regulatory sands that might deter investment. If we are serious about expanding nuclear capacity, as His Majesty’s Government say they are, we must avoid measures that might make those projects even more challenging to deliver.
We do not believe that this amendment weakens our commitment to the environment. On the contrary, it recognises that nuclear energy is already a low-carbon, reliable baseload power source that will be indispensable as we transition from fossil fuels. By exempting Great British Nuclear from the Bill, we are not rolling back environmental safeguards but ensuring that nuclear can fulfil its vital role to society without the risk of being impacted by well-intentioned but ultimately unnecessary additional regulation.
We urge your Lordships’ House to carefully consider the amendment. A laser focus on delivering clean, secure and affordable energy, which is already highly regulated by experts, will pay dividends for future generations of this country.
Lord Katz (Lab)
My Lords, I thank the noble Viscount, Lord Trenchard, for his amendment. He made some points about the new formation of Great British Energy-Nuclear. I am afraid that some of the detail that he asked for regarding the corporate structure of that body is a little beyond my bailiwick, so I undertake to write to him with more detail.
However, let me reassure the noble Viscount that Great British Energy-Nuclear, as it is now called, will continue to drive forward the UK small modular reactor programme as part of this Government’s commitment to net zero and mission to make the UK a clean energy superpower. I agree with the comments made by the noble Earl, Lord Russell, in relation to the amendment and its contribution to the Bill, and I have already spoken at some length in my comments on the previous amendment about the Government’s commitment to making the UK a clean energy superpower.
After the spending review this week and the commitments that we have made not just to the SMR programme but to Sizewell C, we can be in no doubt that this is the biggest nuclear rollout for a generation, and we see nuclear as very much a part of creating that clean energy superpower. For the sake of brevity, I will leave my comments at that.
My Lords, I thank the noble Viscount, Lord Trenchard, for bringing forward this amendment and all noble Lords who have taken part in this very short debate. I will not speak at length, because I can make my point very briefly.
At Second Reading, I pointed out that there are two classic objections to the proposals in my Bill: on the one hand, they are unnecessary; on the other, they are too burdensome. Both cannot be true at the same time. Yet it seemed to me that in the debate we have just had, the point was made that the nuclear industry, of which I am in full support, is very tightly regulated, therefore, this additional layer of regulation is unnecessary. On the other hand, we heard that this additional layer of regulation would be too burdensome and impose duties on the nuclear industry that would discourage investment. Both simply cannot be true. If it is doing it anyway, it cannot be burdensome; if it is not doing it anyway, maybe it needs a bit of extra burden.
In truth, when we look at what the Government’s website says about GBE-N, we see that it says that it will deliver the Government’s long-term nuclear energy programme and support the UK’s energy security and contribute to our net-zero targets—so tick the box, job done. It is already contributing to net zero.
One of the other tasks that GBE-N will have, alongside the competition to build up to three SMRs, is, along with Rolls-Royce, to choose the sites where the SMRs are to be built. Those choices will have environmental implications. It seems to me perfectly reasonable, when those choices are made, that they should reflect the targets in the Environment Act. If they were clearly going to be detrimental to the target of reversing the decline in species diversity by 2030, it would be reasonable for GBE-N and Rolls-Royce to be asked to think again.
So, although I have heard an argument for removing GBE-N from the list of public authorities, I am not convinced by it—although I will take it away and think about it further. In the meantime, I very much hope that the noble Viscount, Lord Trenchard, will withdraw his amendment.
Lord Katz (Lab)
My Lords, I thank the noble Lord, Lord Evans, for his amendment to include the Canal & River Trust in the list of authorities in Clause 2(2). I also pay some tribute to his creative way of raising concerns about the stewardship of the Canal & River Trust, such as the removal of litter bins and other associated issues relating to its environmental responsibilities. I will certainly bring his comments to the attention of my colleague, Minister Hardy, who has responsibility for the Canal & River Trust in the department.
The Canal & River Trust is an invaluable organisation with which Defra and other government departments work closely. The Government will continue to collaborate with the trust to ensure that its efforts are best directed and realised, to improve and protect the natural environment for the public. For the sake of brevity and the progress of business, I will leave it at that.
My Lords, I thank the noble Lord, Lord Evans of Rainow, for raising this question and all those who took part in this short debate. I have the good fortune to live in central Oxford, very close to the Oxford Canal. Indeed, when I set off this morning, I did my usual 10-minute walk down the canal towpath from my house to Oxford station. The canal in Oxford, together with its canal banks, forms a wonderful corridor for wildlife, leading right into the city centre. I often see a heron fishing on one of the weirs and occasionally glimpse the iridescent blue of a kingfisher flying past. In the winter, I see groups of goosander that have migrated south for the winter from Scotland or Scandinavia.
I am lucky. Unlike in the examples cited by the noble Lord, Lord Evans of Rainow, in my neighbourhood the canal towpath is well maintained and litter free. I very much wish that were true of the rest of the canal network. In fact, my only complaint about the canal in Oxford is a rather different one: a number of residential canal boats—already referred to by the noble Lord, Lord Evans—are allowed to burn dirty solid fuel, which would not be allowed in other residences. I wish the Government would do something about this. After all, one of the six key targets in the Environment Act is to cut exposure to the most harmful air pollutant to human health, PM2.5. The canal boats could be a good starting point for reducing that pollution exposure.
In principle, I think it would be very good to add the Canal & River Trust to the list. However, this is now above my pay grade because I do not fully understand the position of the CRT. As the noble Earl, Lord Russell, said, and I looked it up myself, it is a registered charity and therefore governed by the Charity Commission and not subject to the same regulations as public authorities. I assume it would have to change its charitable objects in order to comply with the intention of this Bill, so I would like to take it away and understand it. In the meantime, I very much hope that the noble Lord, Lord Evans of Rainow, will see fit to withdraw his amendment, recognising that it has had a very sympathetic hearing from all around the House.
Before I sit down, I once again thank all noble Lords who have contributed to the debate this afternoon. I have not mentioned the Wildlife and Countryside Link and Green Alliance, which were very helpful in preparing the material for this Bill. I particularly thank the noble Baroness, Lady Hayman of Ullock, for agreeing to continue the discussion of how the ideas in the Bill can be taken forward.
The noble Baronesses, Lady Young of Old Scone and Lady Parminter, have already mentioned that there are two routes ahead of us. We all agree with the intention of the Bill, plus or minus some points. I take the points made by the noble Lord, Lord Hamilton of Epsom, and the noble Viscount, Lord Trenchard, and we all agree in general with the principle of improving our environment. The two routes that the Government have are either to accept that there will be piecemeal chipping away as Bills come forward and people try to achieve amendments, which is inefficient and time-consuming, or they could do it at one fell swoop very simply by accepting the Bill that I have proposed.