Environment Bill

Baroness Boycott Excerpts

Committee stage
Monday 12th July 2021 Lords Chamber

[Baroness Boycott (CB)]

My Lords, I just want to make a couple of quick points in support of the noble Lord, Lord Teverson. It is always a pleasure to follow the noble Baroness, Lady Jones, and I completely agree with her.

According to Greenpeace, supertrawlers spent 5,590 hours fishing in UK protected waters. I had a meeting, by chance, with Minister Prentis from the other place about four weeks ago. She was on her way to Brixham, and she said that about 80% of our fishing fleet’s catches were as a result of bottom trawling. Bottom trawling is effectively like bulldozing your house every time you have lost your car keys. It is an absolute travesty for the seabed, and I do not see any reference at the moment to curbing and taming this industry. As the noble Baroness, Lady Jones, said, these are simultaneous ecosystems that come together, and what happens with fish farming, especially in the north of England, is putting incredible quantities of pollutants into our waters for the sake of cheap fish. It is sold to the consumer on the grounds of being healthy, but the salmon that are reared in this way are unhealthy, unhappy and covered in sea lice.

Finally, in terms of policies not adding up, will the Government agree to stop giving out new oil and gas leases with the North Sea in mind? How is that going to fit with our marine protection commitments at COP? I hope the Minister will answer those three questions.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the noble Lord, Lord Teverson, for, as ever, giving us an excellent explanation of why he has tabled these amendments and for raising these very important issues. I also thank the Minister for confirming in the earlier debate that net gain will be extended to major projects in the marine environment in the future, once a suitable approach has been developed. This is certainly a step forward.

The noble Lord, Lord Teverson, rightly made the point that our coastal territorial waters are in urgent need of protection and recovery, and, if we do not use this Bill to make that happen, what other opportunities will we have? The latest Committee on Climate Change adaptation report has highlighted concerns about the quality of our terrestrial waters. It says:

“There is clear evidence that warming seas, reduced oxygen, ocean acidification and sea-level rise are already affecting UK coasts and seas … with effects seen in seabed-dwelling species, as well as plankton, fish, birds and mammals.”


It also reports that there has been a decline in the overall condition of protected coastal sites.

So, on the one hand, we need to tackle the hazardous pollution, including plastic waste, that has led to the failure to meet the environmental targets to which the noble Lord referred. On the other hand, there is an opportunity to harness the power of nature in our coastal waters to sequestrate carbon through the growth of seagrasses and seaweed, such as at the innovative kelp farm being developed in Shoreham. But a strategy is needed to provide a framework for the change, which is why preparing and publishing a nature recovery strategy for the UK exclusive economic zone seems such a good idea. It is also why linking our coastal waters into local nature recovery strategies will ensure that those initiatives do not end at the shoreline.

The noble Lord, Lord Teverson, rightly referred back to our consideration of the then Fisheries Bill and our frustration that sustainable fishing was not allowed to be at the heart of the Bill, despite all our efforts. As a result, it seems that fishing quotas are very much business as usual, and overfishing—above the recommended scientific limits—remains rife. I agree with the noble Baroness, Lady Boycott, that this continues to be unacceptable and needs to be addressed by the Government. A nature recovery strategy would allow the opportunity to revisit that strategy, taking different criteria into account.

I agree with the noble Baroness, Lady Jones of Moulsecoomb, that we need a joined-up strategy between the Agriculture and Fisheries Acts and the Environment Bill. We have said that all along; every time a Bill comes along, we ask, “How come these pieces of legislation do not speak to each other?” She is right to raise again today our need for a joined-up approach.

Finally, I am pleased that the noble Lord has given us the opportunity to implement the recommendations of the Benyon Review into Highly Protected Marine Areas. The limits of the current standard marine protected areas are all too obvious, as damaging human activities are still allowed to destroy the marine habitat. Therefore, we very much welcome the definition of highly protected marine areas as those that allow the recovery of marine ecosystems while prohibiting “extractive, destructive and depositional” human activities. We welcome the amendment that sets out that the proposals for the initial locations should be published within six months of the Bill passing. The noble Lord said that he felt that the Government had caught up with his amendment; he might be on to something, but I feel that there are great advantages to having this spelled out in the Bill just to make sure that that progress is followed through. These are indeed key amendments, which could help to transform the quality of our marine environment. I hope that the Minister agrees and will feel able to turn these into government amendments, which I am sure would receive widespread support.

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[The Earl of Devon (CB)]

My Lords, I sought to add my name to the amendments of the noble Duke, the Duke of Montrose, but I did so a little late so it does not appear in the current Marshalled List. However, I echo wholeheartedly the sentiments he so expertly expressed and the vital importance when setting these habitat regulations—and indeed all the various worthy strategies we have been debating in the Bill—of supporting sustainable rural development.

I mentioned previously in Committee the danger of the Bill unwittingly inflicting environmental tyranny upon our landscape. If we are not very careful, we will forget that the rural environment that we all know and love and seek to preserve is a place of work for many and was created and sustained by that very same rural enterprise that we are in danger of sweeping away. The only way that our rural landscape will survive and meet the environmental challenges of this era is if it remains a viable and sustainable workplace, supporting farming and a host of diverse rural enterprises.

I know that there is a great enthusiasm among your Lordships for rewilding and large-scale—landscape-scale—interventions in the countryside. However, the Knepp estate is simply not easily replicable, in the same way that not every abandoned mine can become an Eden Project. If we do not conserve small local rural enterprise and local business and employment, our countryside will become a suburban plaything of super-rich environmentalists, supported by a second-home-owning elite able to remote access their white-collar jobs from the comfort of their converted barn while enjoying the view. Local land management will be supported by well-meaning charitable handouts, but we will create a rural life in which there are no local jobs and no affordable homes necessary for a vibrant and diverse local community.

I will also address Amendments 255, 256 and 257AA in the name of the noble Lord, Lord Krebs. I had not intended to, but given that he gave a shout-out to the Exe estuary Ramsar site and that that sits within the Powderham estate, I thought that I ought to offer a comment, particularly with respect to Amendment 257AA and the need for consultation. I would hate for the protections on the River Exe estuary to be in any way weakened. It is a remarkable landscape and it has been created and established that way over many centuries. It is currently managed by the Exe Estuary Management Partnership, which is a remarkable amalgam of vested interests, from the RSPB to local parish councils, and from Exeter City Council to boat clubs, rowing clubs, sailing clubs and shellfishers. It works incredibly well. Can the Minister in his reply say whether the consultation requirements that are proposed would include consultation with local enterprises such as the Exe Estuary Management Partnership, which is so important to the proper management of these very sensitive ecosystems?

[Baroness Boycott (CB)]

My Lords, I support Amendment 257AA in the name of the noble Lord, Lord Krebs, and the noble Baroness, Lady Bennett of Manor Castle. As the noble Baroness said, this is a very neat amendment which wraps up an awful lot of things that the Government need to pay attention to.

Further on the thought expressed by the noble Duke, the Duke of Montrose, that we could trust the Government, I draw the attention of the House and Minister to a project which seems to fly in the face of all the aims of noble Lords in this House and indeed of all these amendments. That is the £3.5 billion theme park called the London Resort, which is on the Swanscombe peninsula on the Thames estuary. The concept for this site, which is spread across 535 acres in Kent, is of a union jack-designed dome, a Disneyesque castle lit up by fireworks, and a Paramount Pictures entryway. It will be the first European development of its kind. It is inspired by Hollywood blockbusters and will have swords, sorcery, dragons and legends. There will even be a jungle where the ancient ruins of a long-extinct Mesoamerican civilisation will sprout out of the ground—which seems ironic. This is in partnership with EDF Energy—always a good one for a bit of greenwash—plus the BBC, ITV, Hollywood and all the rest of it. That is all online. It is aiming to be an attraction claiming to have net-zero emissions—which I personally do not believe. However, it will be built on a recently named SSSI.

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[The Duke of Wellington (CB) [V]]

My Lords, I support Amendment 259, tabled by the noble Baroness, Lady Young of Old Scone. It is tragic how many of our native trees have died and are dying from imported diseases. I hope that the noble Viscount, Lord Trenchard, will not mind me gently correcting him on one point. The giant sequoia tree—known in this country as the Wellingtonia—was imported from California many years after Capability Brown and Humphry Repton. I also support Amendment 260A, tabled by the noble Earl, Lord Kinnoull, and particularly the need, as has been mentioned by a number of noble Lords, to try to find a way to control grey squirrels, who are certainly destructive of so many tree species in this country.

I now turn to Amendment 283 and wish to pose some questions. The amendment has been tabled by the much-respected noble Baronesses, Lady Jones of Whitchurch, Lady Jones of Moulsecoomb and Lady Bennett, and the noble Lord, Lord Teverson. I often agree with them on their amendments, but on this one I fear it is far too complex a matter to be solved simply by a ban on burning heather, bracken and other vegetation. I must make it clear that I have no interest to declare, other than that one of my children is trying in Scotland—which I think is outside the scope of this Bill—to regenerate heather in an area where there are no grouse and have not been for many decades. So far there, they have not burnt heather but are experimenting with cutting. Heather burning has become controversial, but it has been used for generations for moorland management and often in areas where there are no grouse.

I commend to noble Lords two papers that I have read recently. One is entitled “Experimental evidence for sustained carbon sequestration in fire-managed, peat moorlands”, published in Nature Geoscience in December 2018, and I quote from it:

“we quantify the effects of prescribed burning … and show that the impacts … are not as bad as is widely thought.”

The second paper I commend is the report of the Molland Moor project on Exmoor, where also there is no grouse interest. This study was co-ordinated by the Exmoor National Park Authority and brought together landowners, conservationists, farmers, ecologists and academics. The lessons learned from the project include:

“We can regenerate heather by burning on as large a scale as possible … We can control the Molinia and reduce the stands of bracken”.


The report comments that it is necessary to micromanage each small area, as there are so many variables. It continues:

“National policy makers must understand this. Molland Moor is hugely different”


from the moor next door.

In March, we debated the Heather and Grass etc. Burning (England) Regulations 2021, which ban the burning without licence of heather on peat over 40 centimetres in depth, on sites of special scientific interest, in special areas of conservation and in special protection areas. In that debate, the noble Baroness, Lady Bakewell of Hardington Mandeville, talked with local knowledge about terrible wildfires on Dartmoor and Bodmin Moor. The noble Earl, Lord Caithness, described a horrendous fire in Caithness and Sutherland in 2019. It burned for six days and emitted 700,000 tonnes of CO₂ equivalent. I mention these fires as there is plenty of evidence that controlled burning in relatively small strips at the right time of year and in the right place creates, among other outcomes, firebreaks against wildfires. The risk of wildfires is greater on unmanaged moorland, as old heather becomes woody and tinder-dry. Wildfires do much more damage to peat and to the environment generally than controlled, limited burns, sometimes described as “cool burns”.

All I am saying, and I repeat that I have no direct interest, is that this is a complicated matter on which the science is still evolving. Therefore, to include a ban in the Bill would be inappropriate. I suggest to Ministers that they consider and gather more evidence. Clearly, there should be rules, and perhaps they should be in a future regulation, but such rules must recognise that no two areas of land are ever exactly the same. Of course, this general point may be one of the difficulties of the new environmental land management schemes.

In conclusion, I could not support Amendment 283, but I look forward to hearing the Minister’s view.

[Baroness Boycott (CB)]

My Lords, it is a great pleasure to follow the noble Duke, the Duke of Wellington. I absolutely agree with him that no two pieces of land are exactly the same.

I support Amendment 260 in the names of the noble Baronesses, Lady Young and Lady Jones, the noble Earl, Lord Caithness, and the noble Lord, Lord Teverson, in particular proposed subsection (3) about the percentage of native woodland and the new native woodland that is achieved by natural regeneration.

I draw the Committee’s attention to the work of Professor Simard at the University of British Columbia. When she was 20, she was put to work on commercial forestry—the process of clear-cutting large areas of old-growth forest and planting individual seedlings, pine or birch, in neat and regimented rows. The thinking was that, without any competitors, trees would grow faster, taller and stronger. Instead, they were more frequently found to be vulnerable to disease and climatic stress than the older trees, which shared their patch of soil with other plants, mosses, firs and associated lifeforms. In particular, she studied the newly planted Douglas firs—great giants which provided valuable wood to the logging companies. Ten per cent of those plants invariably got sick and died whenever nearby aspen, paper birch and cottonwood were removed. Initially, when she was 20—she is now 60—she did not know why, because the trees had plenty of light and water, more than the old trees in the crowded forest. She worked through her life and in the end revealed and became the inventor of what is known as the “wood wide web”. The forest, she wrote, is like the internet, but instead of computers linked by radio waves, the trees are connected by fungi. There are centres and satellites, with the oldest trees as the biggest communication hubs. When the piece with her theory was published in Nature in 1997, it had that title of “Wood Wide Web”, and the name has stuck.

Once the underground pattern is understood, it is easy to see how seedlings can emerge in clear ground, because they have been nurtured underground by other trees, waiting for their moment to start growing. They are being fed by the mother trees—the central hub that the saplings and seedlings spring from—with threads of different fungal species, of different colours and weights, linking them layer upon layer in the strong and complex web. When the forest is cleared and the mother trees are cut down, the forests lose their way.

Professor Simard’s discoveries have kept coming, and she now finds that trees support each other in times of stress, drought or disease, and they can communicate needs and send supplies. Since Darwin, biologists have always maintained that survival is all about the selfish gene, doing anything to get ahead in the evolutionary race. But her work tosses that on its head.

We now understand that monocultures, whether of crops, trees or any plant species, are not healthy. My plea would be that in the tree strategy we understand that all new planted forests and woods must be of multiple trees. I absolutely agree with the noble Earl, Lord Devon, when he says we should start experimenting with trees, especially in the south of England, that will thrive in our newly warmed environment. But please do not let us spend all our tree-planting money on monocultures which end up leaving dead soil beneath that is not home to myriad mosses and animals and, in fact, ends up sequestering much less carbon than a mixed forest growth.