Great British Energy Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Tuesday 11th February 2025 Lords Chamber

[Baroness Hayman (CB)]

My Lords, I have added my name to the new clause proposed in Amendment 38 by the noble Lord, Lord Hunt of Kings Heath. I thank him and his officials for the amount of time and effort that they have put into finding what is a very good resolution to the issues that we raised at earlier stages in the Bill. Obviously, in some ways, I would have preferred my own amendment as it stood in Committee, which would have put into the Bill an obligation on GBE to contribute to the targets under both the Environment Act and the Climate Change Act.

After discussion, I understand why the Minister wants to put in the phrase “Sustainable development” and to have that contribution. That is indeed the model that we adopted as a House during the passage of the Crown Estate Bill. I would not be happy with this amendment, were it not for the assurances that the Minister has just given at the Dispatch Box on what will be included in the framework document, so that we will actually see reference to contribution to achieving targets under both those Acts in the framework document. We will also see a commitment to tackling the issue of adaptation there, because none of us who has observed or experienced the weather—and the results coming out from international institutions—in the last six months will have any doubt that we have challenges already baked in by climate change and biodiversity loss that have to be met, as well as the efforts to stop things getting worse. I am very grateful for those assurances.

In some ways, a commitment to sustainable development may seem more nebulous than tying down to those particular commitments, but I believe it is really important that we acknowledge that there are differing forces—differing demands and aspirations—that have to be taken into account when we make decisions on infrastructure and investment, or whatever it is. Sustainable development, as defined by the UN, is about taking the economic, environmental and social effects of developments into account when decisions are made. Lots of difficult decisions will have to be made and there are lots of balances that have to be struck, whether about pylons or achieving net zero, and whether about growth or biodiversity and nature. We have to be able to walk and chew gum at the same time, and to actually recognise that all those strands have to be taken into account.

If we are going to get through and make the right decisions, frankly, we will have to be, first, very smart, and secondly, very frank with people about how we assess the different pressures and how we have come to individual decisions in individual cases. I have been very impressed by the work of the Crown Estate, looking at its different drivers and objectives and how it brings those into force when it looks at decision-making for investment, and I hope that GBE will be able to do exactly the same. So once again I end by thanking the Minister for the work he has done in bringing this amendment forward.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Hayman, for whom I have the greatest respect. I know that the whole of your Lordships’ House applauds her and Peers for the Planet for their enormous amount of work, but I am afraid that, on this occasion, I disagree with her. I speak to Amendment 40, to which I have attached my name, and government Amendment 38, to which the noble Baroness has offered her support. I am afraid that

“must keep under review … sustainable development”

is a very weak form of words.

I understand that the noble Baroness seeks compromise and is taking what she can get. It would be lovely to be in a situation where we can start with a government Bill that says these things and then look to improve it. None the less, in speaking to Amendment 40, I am in the curious position of agreeing with the noble Baroness, Lady McIntosh, about the amendment and totally disagreeing with lots of the things she said. If offshore wind farms are spaces from which fishers are barred, they can become wonderful marine refuges, and if we are talking about damage to the seafloor, then deep sea trawling is the issue we should be talking about, and, most of all, damage to marine life. Indeed, if we are talking about biodiversity, solar farms managed in the appropriate way can be vastly better for biodiversity than arable farmland, in which the soil and the whole environment are totally trashed.

I am aware of the time, so I will not take long, but I want to point to what this amendment says and contrast “take all reasonable steps” to achieve the legally binding targets versus “keep under review”. This is much stronger wording, it is the right wording for a country that has a state of nature that is in a state of collapse, where there is so much that needs to be protected and improved, and for which we have the legally binding targets to which this amendment refers.

[Earl Russell (LD)]

My Lords, I rise very briefly to say that I too have put my name to this amendment and I am delighted that the Minister, the noble Lord, Lord Hunt, and the noble Baroness, Lady Hayman, have been able to negotiate this compromise. It is important that this is in the Bill; it will make a difference and I am very pleased to see it here. It also reflects the language that was used in the Crown Estate Bill and that is particularly useful for GB Energy because of the strong connection they have with one another. I welcome the words that the Minister used at the Dispatch Box, mentioning the Climate Change Act 2008 and the Environment Act 2021. I welcome the monitoring that is taking place on this.

I have some sympathy with the noble Baroness, Lady McIntosh. These are obviously all very difficult conversations, and the noble Baroness, Lady Hayman, put that quite well. Actually, the way we talk about it, the spirit in which we put these things into place and how we make them work in practice are the big challenges that we all have, going ahead, but I am very pleased to see this here.

--- Later in debate ---

[Lord Hunt of Kings Heath (Lab)]

My Lords, how good it is to see so many Opposition Members taking such an interest in this Bill.

First, I thank the noble Baroness, Lady Hayman, for her support for my amendment. As she rightly said, it has to be seen alongside my Dispatch Box commitment in relation to the framework document. I agree with her about the frankness required in some of these difficult decisions and the balances that must be drawn. I take her point about the Crown Estate; I will draw her comment to the attention of Great British Energy.

The noble Baroness, Lady Bennett—who I thought might get up to support my amendment but, as ever, I remain disappointed in that regard—said that this is a weak amendment, but it is not so. It is a strong amendment that fits with the architecture of the Bill. One has to read it alongside the commitment that I have made tonight at the Dispatch Box. The one thing I can say is that it is not, and will not be, a tick-box approach. We will ensure that it is much more than that.

On Amendment 40, let me be clear: the core focus of Great British Energy is to tackle the energy crisis and deliver clean power. While its mission naturally aligns with environmental and biodiversity goals, additional statutory obligations might undermine its ability to execute its primary objectives effectively. The point here is that GBE will be fully subject to all existing environmental and climate regulations, ensuring strict compliance with environmental safeguards. If we place additional duties on a new organisation, that risks overcomplicating its mandate. My amendment already ensures that GBE will continually assess its impact on sustainable developments, aligning with climate and biodiversity commitments. In the light of my amendment and the commitments that I made regarding Great British Energy’s framework document, we are surely broadly aligned in terms of a dedication to ensure that the environment and the climate crisis are dealt with collectively.

If made, the effect of Amendments 47, 48, 51 and 53 in the names of the noble Lords, Lord Offord of Garvel and Lord Fuller, would be Great British Energy being required to cease facilitating, encouraging or participating in the relevant activity if it is found to be causing significant harm to local communities, environmental damage or significant welfare issues. Amendments 47, 48 and 51 propose a new clause after Clause 7 which would require the Secretary of State to assess the impact of Great British Energy’s activities in relation to offshore wind installations and generation, as well as the decommissioning of oil and gas structures.

I do not think that these amendments are necessary for three reasons. First, GBE projects will already be subject to the UK’s rigorous planning processes and environmental regulations, including environmental impact assessments, habitat regulations assessments and statutory community engagement. These ensure full consideration of local environmental and social impacts before any project proceeds.

Secondly, existing regulations—the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017, the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, and the Conservation of Habitats and Species Regulations 2017—already require scrutiny. GBE will be held to the same high standards as any other developer.

Thirdly, on decommissioning, let me clarify that GBE will not be involved in decommissioning oil and gas structures. Even if it were, the UK’s strict decommissioning regulations require robust safety and environmental assessments before any decision is made. More broadly, our environmental commitment remains firm. We will meet the Environment Act targets, halt biodiversity decline and safeguard marine protected areas. Given these reassurances, I hope that noble Lords will not press their amendments.

[Baroness Bennett of Manor Castle (GP)]

My Lords, before the Minister sits down—

[Noble Lords]

No!

[Baroness Bennett of Manor Castle (GP)]

My Lords, 30 seconds. The Minister referred to rigorous planning standards. I note a government press release of 26 January saying:

“Sweeping reforms under the Planning and Infrastructure Bill will take an axe to red tape that slows down approval of infrastructure projects”.


Is the Minister confident that there will still be rigorous planning standards after the changes that the Government have announced?

[Lord Hunt of Kings Heath (Lab)]

My Lords, we are on Report, but I will answer this. Of course, we are talking about speeding up the planning processes without impacting on the environmental protections that we have. That is our aim and what we will achieve.