Environment Bill

Debate between Baroness McIntosh of Pickering and Baroness Quin

Consideration of Commons amendments
Tuesday 26th October 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend the Duke of Wellington and our honourable friend Philip Dunne in the other place on bringing us to this place today. I pay a warm tribute to the Minister, who has managed to administer this Bill and be open to a number of amendments already.

As he is aware, I am concerned when he refers to the regulations giving a mandatory scheme for new developments for the simple reason we debated at earlier stages of the Bill. I seek his reassurance yet again: will he please give us a timetable for the regulations that he says he will bring forward under the Flood and Water Management Act 2010 to ensure that statutory responsibilities are placed on planning authorities to treat water companies as statutory consultees? It is very important that water companies are given the tools to do the job. Unless we end the automatic right to connect, you will have major developments of 30, 50 or sometimes 300 houses seeking to emit sewage into antiquated Victorian pipes that simply cannot take it. The sewage then goes into the combined sewers and often comes back into existing developments, meaning that those people have to be evacuated for between six and 12 months before they can be rehoused because it is a public health risk.

I urge my noble friend to bring forward these regulations before the end of the year, if possible, to end the automatic right to connect—not to make it conditional but to end it completely, as Sir Michael Pitt called for after the floods in 2007. That way, I believe that we will not offload all the sewage into the rivers and seas—that is the focus of the amendment before us this evening—but will actually front-end it and make sure that this problem never occurs again in any future development.

[Baroness Quin (Lab)]

My Lords, I very much congratulate the noble Duke, the Duke of Wellington, on all the work he has done on this issue. As a co-signatory of a similar amendment he moved on Report, I welcome the fact that he has retabled it to ask the other place—the House of Commons—to think again. Like him, I welcome the fact that there was a sizeable rebellion of the Government’s own supporters in the House of Commons; I hope that they will be joined by others if we return this amendment today, or that the Government will move even more in the direction that they have already signalled to us they are considering.

Of course, I deplore abusive tweets and messages and know the misery that they can cause, but I am glad, and welcome the fact, that people across the country are waking up to the extent of the problem of sewage discharges—which they certainly are. I hope that this proper public pressure will be brought to bear effectively in order to remedy this situation.

I will not repeat further what has been said but will simply make two points. The water industry itself seems to be behind other UK business sectors in its use of technology, yet if British expertise could be harnessed more effectively to tackle the problems of sewage discharges here at home, there is the consequent potential of being able to export environmental technology and equipment elsewhere, and thereby gain some economic benefits for the country as a whole.

My final point is to flag up an issue that has been touched on by the noble Baroness, Lady McIntosh, and about which I will write further to the Minister, rather than detaining the House. I think that planning authorities need to take much greater account of the state of sewers, drains and discharges into rivers when looking at applications for more housing. My neighbours are already having problems with the present inadequate draining and sewage systems and the problems of overflows and numerous sewage discharges into a very sensitive river, the River Coquet. This is happening at the same time as new housing developments are being planned. This is not about objecting to housing as such, but objecting to schemes that will overload and overwhelm already fragile and inadequate drainage and sewage systems.

As I say, I will write to the Minister further about this, but I hope that, in the meantime, a very clear message in support of the noble Duke, the Duke of Wellington, will be given by your Lordships’ House today.

Environment Bill

Debate between Baroness McIntosh of Pickering and Baroness Quin

Committee stage
Wednesday 14th July 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome Amendment 293C. I am sure we are all pleased to see the noble Lord in his place and that his wife was not called upon on this occasion. I am pleased to speak to this amendment because I am asking my noble friend the Minister to join me in applauding and valuing the work of local authorities in delivering schemes, particularly under this Bill, but also historically and to-date.

The noble Lord, Lord Khan, spoke with great authority on waste disposal schemes and recycling. I will speak of my experience of the role that they play so effectively in flood-prevention schemes. Being closely associated with the Pickering Slowing the Flow pilot scheme, I think that this was exemplary because it included just about every level of local authority—Ryedale District Council, North Yorkshire County Council, Pickering Town Council, the Environment Agency and many others—which enthusiastically supported and contributed financially to it.

The weight of responsibility on local authorities will be eased in this regard if we could rope more private partners into these schemes, as I know that the Government are trying to do. I look forward to supporting anything that the Government can come up with in this regard.

However, upper-tier councils and unitary authorities play another role: an ongoing role of monitoring flood risk and identifying and mapping the areas most at risk. This is a crucial role that is often forgotten in times outside flood periods. Councils have come under huge pressure and have performed extremely well during the pandemic, which should be noted and celebrated.

However, if we value their work in this regard, as I do, will my noble friend seek to use his good offices to ensure that the work they do and the money that is allocated to it are ring-fenced and do not come under increasing pressure from the other work that they do, particularly caring for the vulnerable, such as the elderly, and providing education for the very young? I am grateful for the opportunity, in the context of this amendment, to make those few points and applaud the work of local authorities in this regard.

[Baroness Quin (Lab) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering, whose work on the Bill has been so thorough and admired. I welcome the tabling of this new clause and agree very much with the points made by my noble friend Lord Khan in speaking to it. As we all know, the role of local authorities has been important—indeed, crucial—in the battle against Covid. These same local authorities will also play a key role in helping to deliver environmental and climate change targets.

I will supplement some of the points made by my noble friend Lord Khan, having taken some soundings from local authorities in my own area in the north-east, including one covering a large rural area, with Conservative control, and another in an urban area, with Labour control. It was interesting that, despite these obvious differences, the authorities were largely in agreement about the opportunities and challenges presented to them by the Bill.

The authorities concerned have a strong commitment to biodiversity and the principle of biodiversity net gain. Where I live in Northumberland, we are very much on the front line in the efforts to prevent the disappearance of the red squirrel, and, on this issue, there is not just local authority support but very strong public support. On Tyneside, the area that I used to represent in the other place, the importance of biodiversity was publicly understood by the presence of the farthest inland colony of kittiwakes and the establishment of the Kittiwake Tower local nature reserve around the Newcastle-Gateshead Quayside. For that reason, I was particularly interested in what the noble Lord, Lord Cameron of Dillington, said about kittiwakes earlier.

The authorities that I have consulted are strongly committed to the principles of the Bill; they all supported biodiversity net gain, the importance of local nature recovery strategies and the importance of consistency, and the highest standards of recycling and waste collection. However, all were agreed on the following points. First, they were concerned about having the necessary resources. Secondly, they felt that, in many ways, the devil was in the detail, so clear guidance would be crucial and their continued involvement in such guidance would also be very important.

On resources, it was felt that, if not properly resourced, outcomes would be unsatisfactory and not properly meet the obligations that the Government and the local authorities want to enter into. My noble friend made the point about additional skilled resources, and I ask the Government what assessment they have made of the availability of trained ecologists? Do they have a clear strategy in terms of how we can boost training schemes in a timely manner so that any shortfalls in skills can be addressed? I think that some local authorities worry that organisations like Natural England, which have understandably seen their budget increase in recent years, might be in a better place to recruit trained staff than local authorities, many of which, as was eloquently described by my noble friend, have experienced deep cuts in recent years and have had to concentrate on core services such as social care and cut back on other areas.

While there was strong support for the principle of biodiversity net gain, some worries were expressed in the response to the government consultation. I recognise that the Government have shown willingness to address the issues that arose in the consultation, but I also note that in their response, they said they did not think that any particular type of development would be disproportionately affected by their proposals. This puzzled me because it seems to me that there are concerns in urban areas that the proposals could cause problems.

Ironically, brownfield sites in urban areas can often be more biodiverse than sites in farmed countryside in rural areas because many of them have, in effect, been rewilded in recent years. However, because of low property values and the desire to see affordable housing built there, quite rightly, such sites may face financial viability issues. Rather than going into the details about this, I would like the Minister to engage with urban authorities to discuss in more detail their valid concerns about biodiversity net gain in such areas, simply to reassure them that they will not, for financial reasons, find difficulty in meeting the goals have been set and which they fully support.

There is also concern about the detail on waste and recycling standards, and there is keenness to see that money is spent to bring about the best environmental outcome. There are some concerns that what might seem cost effective or simply tick the right box on food collection, for example, is not the best environmental way forward. There is also the issue of current contracts, which needs to be looked at, if local authorities are already locked into longish or long-term contracts. In delivering these proposals, councils need to be fully funded and ring-fenced. They need to know how the funding will be sourced, calculated and allocated, and whether this will have implications for other areas of the local government settlement. In short, this needs to be resourced for the best outcome.

On the detail of what local authorities are being asked to do, the point has been made to me that we need to reflect in detail on some of the difficult trade-offs that may arise. For example, local authorities might be asked to achieve the right diversity in the wrong place. I will give a local example: in Northumberland, we have Kielder Forest, which used to be a huge and very densely planted forestry area. It has become a very valuable tourist resource these days, but felling is taking place, and there will be pressure to plant more trees. Yet planting trees in peat bogs is not environmentally sound, and new trees, particularly native trees and anything other than the dreaded Sitka spruce, about which the Minister knows my views, might be better situated in some of the arable farming areas. However, that also gives rise to questions.

There can also be complications about trade-offs between, for example, the habitats of particular birds that nest in open countryside. We have to set that against the need to plant more trees, which is also environmentally very important—so, to resolve these issues, it seems to me that there will be a need for good communication between local authorities and the Government to ensure that local decisions, taken perhaps for very good reasons, do none the less fit into the wider vital effort to save the planet and fulfil wider environmental obligations.

I am sure that it would help the Government on many issues to deal with groups of local authorities, particularly in the context of nature recovery strategies. In the case of my own part of the world, I express the personal hope that the maximum amount of local authority joint working can be agreed, from Berwick in the north to the south of County Durham on the other hand, rather than a divide between north and south of Tyne, which makes no economic or environmental sense and ignores the increasing willingness of the authorities to work together. On the environment, my understanding is that there is already a good network of officer engagement, driven by practical considerations.