Crown Estate Bill [HL]

Baroness Smith of Llanfaes Excerpts

Committee stage
Monday 14th October 2024 Lords Chamber

I hope that there will be fresh thinking from this new Labour Government, although I fully recognise that the impossible financial predicament inherited from the bankrupt Tory Government means that finding the money to devolve management of the Crown Estate to Wales at this time would be very difficult. I also understand that this matter is not currently a priority, given all the other matters on health, education and local government that certainly are. I hope, therefore, that my noble friend the Minister, when he replies, will give me some encouragement that discussions will now take place with Welsh Labour First Minister Eluned Morgan—my noble friend Lady Morgan—and her colleagues on their firm desire to see powers over the Crown Estate devolved to Wales in the future, as they have long been in Scotland.

[Baroness Smith of Llanfaes (PC)]

My Lords, my Amendment 21 is included in this group. I endorse the contribution made by my noble friend Lord Wigley in making the case for the other amendments in this group, and thank him for supporting my amendment. I will now speak to Amendment 21.

I spoke at Second Reading outlining why the Bill, as drafted, does not deliver fairness for Wales. Therefore, I will not repeat my case today. However, I will highlight that at Second Reading there appeared to be a sense of agreement from around the House that Wales was not being treated fairly when it comes to powers over the Crown Estate—in particular, the stark contrast between the powers given to Scotland but not to Wales.

Amendment 21 simply aims to resolve this unfairness and would transfer the management of the Crown Estate in Wales to the Welsh Government within two years of commencement of this Act. Devolving these powers would also support the Welsh Government in the delivery of policies in the areas already in their control, such as energy and the environment. This lever would open up more opportunities to deliver for the people of Wales. I am grateful to the noble Lord, Lord Hain, for his support of this amendment and for his contribution, and to the noble and learned Lord, Lord Thomas of Cwmgiedd, for adding his name to it.

A move to devolve this power is supported by many in Wales, including senior colleagues in Wales of the new Labour Government here. Additionally, the Independent Commission on the Constitutional Future of Wales also recommends that the devolution of the Crown Estate is progressed, as the noble Lord, Lord Hain, outlined. Campaigning for this change has heated up across all parts of Wales in recent months. In addition to Cyngor Gwynedd’s motion, which my noble friend Lord Wigley raised, we have seen similar motions passed by Swansea Council, and I expect momentum to build across Wales if no progress continues to be made. This amendment offers this Committee and the new Labour Government an opportunity to make that progress, right this wrong and deliver fairness to Wales.

This amendment goes hand in hand with Amendment 23 in this group, which I support, as Wales must also receive the profits that result from the use of the land in Wales. These profits should be invested directly into the communities of Wales. I welcome support for this group of amendments from all corners of this Chamber, and I look forward to hearing the Government’s response.

--- Later in debate ---

[Earl Russell (LD)]

My Lords, I will speak to my Amendment 31. I apologise in advance that I have no “Monty Python” sketch references, but I support the amendments from the noble Lord, Lord Young, and the other amendments already spoken to.

Amendment 31 seeks to give an explicit power to Crown Estate commissioners to lease parts of their holding in exchange for either part or full ownership of any project or development, as the commissioners see fit. For the sake of clarity, the full wording of the proposed new Section 3(1)(a) of the Crown Estate Act 1961 is:

“The Commissioners may waive lease fees in exchange for full or part ownership of any project or development”.


I say this only as the Member’s explanatory statement used the word “land”. My amendment is intended to—and does, as far as I am concerned—cover all the Crown Estate’s holdings. That is particularly important because, as we all know, most of its money comes from the leases of the seabed. This amendment is designed to help the Government and the partnership with GB Energy. It is designed to help the Crown Estate itself. I want to see a transition to net-zero power by 2030. I welcome that commitment from this Government.

But I also want to see us grow and develop as an economy and as a country. I want the energy transition, which is arguably one of the greatest transitions in our use of energy since the Industrial Revolution, to be of benefit to ordinary people. I want the UK to be able to own at least parts of our new energy infrastructure—the energy infrastructure of the future. That is my thinking in my amendment. I want the UK to receive long-term benefits above and beyond just the green and environmental benefits that come with these things.

The Crown Estate generates its income primarily from the lease of seabed plots for offshore wind and floating offshore wind developments. The Crown Estate reported record profits for 2023-24 of £1.1 billion, boosted by round 4 sales. Round 5 of the offshore wind auction was not as successful but we have just had a successful round 6, which I welcome, which generated some 4.9 gigawatts of capacity but at somewhat lower prices than in round 4. Labour has plans to generate 20 to 30 gigawatts of offshore wind capacity by 2030. For context, that is enough to power 20 million homes.

We still have quite a long way to go with this offshore wind and floating offshore wind transition in particular. The hope is that £8.3 billion of investment by the Government will help to leverage some £60 billion of private investment. It is interesting that we are talking about this today, the day on which the Labour Government are holding their investment summit. I wish them well with that because the UK economy needs to grow and we need inward investment to do that.

We welcome, obviously, the plans for GB Energy and this partnership and tie-up with the Crown Estate. But although I very much welcome Labour’s ambition to decarbonise our power generation by 2030, it is worth noting that GB Energy will not be an energy supplier or own any energy generation assets. To my mind, that is a missed opportunity and I think we could do better.

To quote the Labour Energy Forum document title, Who Owns the Wind, Owns the Future. The Floating Offshore Wind Task Force has predicted that floating offshore wind could be the UK’s biggest industrial success by 2030, worth £47 billion to the UK economy and employing some 10,000 people. We should never lose sight of the fact that the UK is well placed and is estimated to be the third-best country in the world for the generation of wind energy. We are extremely lucky in that regard.

Other significant parts of the Bill seek to make rights that were implicit in the 1961 Act explicit. From my reading of the original Act, I can see no reason why the Crown Estate could not waive lease fees in exchange for part-ownership of offshore or floating offshore energy wind projects—but, at the same time, I can find no implicit right in the original Act. Frankly, I think there should be an implicit right.

As far as I can tell, the Crown Estate does not own or part-own any offshore wind installations now. It has a helpful page on its website that shows who owns all the offshore wind under its control. In many cases it is foreign Governments, hedge funds and other nations and their capital which own it. In 2022, for example, nearly half the UK’s offshore wind capacity was owned by state-owned or majority state-owned foreign companies. They are getting the long-term benefit of the investment in our third-best wind energy in the world and are using it to support their economies.

I want our wind energy to generate and support our economy. While leasing plots brings in revenues, part-ownership of the infrastructure itself could bring in much-needed longer-term and consistent revenue streams to the Crown Estate. I believe there is greater long-term financial gain from part-ownership of energy infrastructure than from simply leasing the seabed.

This would be good for the Crown Estate. As we have heard today, the Crown Estate is in a period of transition and allowing it the ability to explore this, if it wants to, would be useful at the start of the partnership. I also believe that allowing this to happen could be useful for the generation of small-scale community energy projects. This is something that I believe in strongly and would like to see the Government do a lot more of, and this amendment would be useful in helping that to happen. It could be the basis of a new model for the way the Crown Estate works, generating much smaller, local community benefit projects.

This would be good for energy transition, good for the Crown Estate, good for the UK economy and good for jobs and growth. I welcome your Lordships’ responses and look forward to hearing from the Minister. I hope that this amendment finds approval.

[Baroness Smith of Llanfaes (PC)]

My Lords, I will speak briefly to Amendment 22 in my name, which is included in this group of amendments. I also add my support to Amendment 18 from the noble Lord, Lord Holmes of Richmond, on inclusion in governance and Amendment 24—my noble friend Lord Wigley will follow with further commentary—on the transparency of financial reporting.

One of the aims of bringing forward the Crown Estate Bill was to increase the number of commissioners on the board. Increasing the size of the board is a good opportunity to reflect on its composition, and I share the curiosity of the noble Baroness, Lady Vere, in relation to what the Government hope the additional commissioners will add, specifically, to the committee.

At present there is no representation from our national Parliaments on the board, which makes investment and borrowing decisions across England, Wales and Northern Ireland. Having representation from our national Parliaments on the board will improve the Crown Estate’s alignment with the public policy aims of our national Parliament, in particular on crossovers with policy on devolved areas such as energy and the environment. My amendment would give each of our national Parliaments where the Crown Estate has activities the opportunity to nominate a representative to the board.

This amendment provides a meaningful mechanism for our democratically elected Parliaments to have a say on decisions made by the Crown Estate. I welcome support for this amendment from all corners of the Chamber and look forward to hearing the Government’s position too.

[Lord Lansley (Con)]

My Lords, I briefly intervene on this group of amendments, not least to support my noble friend Lord Young of Cookham in the point he made. I think it raised—as did Amendment 31 from the noble Earl, Lord Russell—the question of the interpretation and interaction of the powers in the 1961 Act and how they are being used. I want particularly to raise one issue with the Minister. I should also say that in the register of interests noble Lords will see that I chair the Cambridgeshire Development Forum, and the Crown Estate is a member of that, although I do not think any of its activities or that interest impinge on this Bill in any way.

My noble friend Lord Young of Cookham referred to the way in which the Crown Estate interprets its statutory duty in Section 3(1) of the 1961 Act, which says that it must secure

“the best consideration in money or money’s worth”

in

“all the circumstances of the case”.

That is indeed what the statute says, but I have had the benefit of looking at the Crown Estate Act and talking with officials. I am grateful for their time, not least because it seems to me that there is an inherent restriction on the function of the commissioners which, as the Minister earlier made clear, is in Section 1(3) and sets out that they should “maintain and enhance” the value and return obtained from the estate with

“regard to the requirements of good management”.

As far as I understand it, the view of the Government and the Crown Estate is that, over 60 years or thereabouts, the requirements to obtain best consideration in money or money’s worth have effectively been trumped where necessary by the function of the commissioners, particularly as regards securing the requirements of good management. My first question to the Minister is: in the light of what the noble Lord, Lord Young of Cookham, was saying, does he agree that the requirements of good management in that instance mean that the Crown Estate would live by the practice of other public authorities, or those with public responsibilities, in relation to the interests of the leaseholders?