Environment Bill

Debate between Baroness Young of Old Scone and Lord Goldsmith of Richmond Park

Report stage
Wednesday 15th September 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

Turning to Amendment 101, in the name of the noble Baroness, Lady Jones of Whitchurch, I thank her for her amendment and for her ambition to see more trees planted and protected. It is an ambition that she knows I share. As I mentioned in Committee, we are taking steps to plant more trees and protect woodlands. This was set out in the England Trees Action Plan which was published in May. The Government have already committed to at least treble planting rates in England over this Parliament and to increase tree planting across the UK to 30,000 hectares per year by the end of the Parliament, which is broadly in line with the 75,000 hectares that the noble Lord, Lord Teverson, mentioned. In the England Trees Action Plan, the Government also took the significant step of committing to consulting on a new, long-term tree target through a public consultation on Environment Bill targets, expected in early next year. In response to the noble Baroness, Lady Jones, such a target would be legally binding, not just aspirational. This amendment is therefore not needed.

I thank the noble Baroness, Lady Young, for her amendment on ancient woodlands. Ancient woodlands are protected under the National Planning Policy Framework. The Government also have standing advice for local authority planners which is to be used as a material consideration when making planning decision proposals affecting ancient woodland, ancient trees and veteran trees. We think that the majority of the proposals suggested in this amendment are already covered under the National Planning Policy Framework and the Forestry Commission and Natural England’s ancient woodland standing advice. The Government will keep under review cases where loss or deterioration of ancient woodland has been or is justified on the basis of “wholly exceptional” circumstances and will encourage them to be brought to our attention at Defra at an early stage. That message has gone out. We will also revise guidance to planners making decisions on what is considered wholly exceptional to avoid some of the circumstances that the noble Baroness, Lady Brown, mentioned.

As recently committed to in the England Trees Action Plan, we will build on these protections, including by introducing a new category of long-established woodland—they are woodlands that have been around since 1840—and we will consult on the protections they are afforded in the planning system. We also committed within the action plan that the Government will update the ancient woodland inventory to cover the whole of England, including smaller ancient woodland sites of one-quarter of a hectare. As I mentioned in Committee, our England Trees Action Plan also includes new steps to protect and restore ancient woodlands through management and restoration. Our new England woodland creation offer will fund landowners to buffer and expand ancient woodland sites by planting native broad-leaf woodland, and the Government will update the Keepers of Time policy on the management of ancient woodland, veteran trees and other semi-natural woodland.

In addition, the Secretary of State and I have been in regular discussions with colleagues in MHCLG to explore further measures that can be included in the upcoming planning Bill to build on the protections that are there to avoid the kind of outcome that the noble Baroness, Lady Brown, fears. This will also be high on my list of issues to discuss with the new Secretary of State for MHCLG, Michael Gove, who shares this House’s interest in ancient trees and their protection.

I hope I have reassured the noble Baroness, Lady Young, about the action the Government are taking and will take to protect ancient woodland and of the importance of the such precious environments. I beg her to withdraw her amendment.

[Baroness Young of Old Scone (Lab)]

My Lords, I thank all noble Lords who have spoken in this debate for their comments and support, and thank the Minister for his response. I was particularly taken by the points made by the noble Baroness, Lady Boycott, and the noble Lord, Lord Marlesford, who basically said that we would not play as fast and loose with heritage buildings as we do with ancient woodland. I think the anxieties of the noble Lord, Lord Carrington, about how the additional protection would work can be met by saying that the amendment gives considerable leeway to government to design the protection measure, and many of his points could be addressed during that design effort.

As the Minister said, the current protection is enshrined in the National Planning Policy Framework and standing advice, but I am not reassured by that, because, with 800 cases of imminent damage on the books at the moment, it is clear that the NPPF and the standing advice are not working. No amount of revising guidance to planners will bring the level of statutory protection that is required.

I very much welcome all the changes that the Minister said, as he did in Committee, that they are hoping to make to the woodland inventory, management schemes and the Keepers of Time policy, but they do not really address the development issues. I would not want to hang my hat on measures in the planning Bill until we see the Bill and the colour of the new Minister’s coat, now that he will be running MHCLG.

Having heard considerable support around the House for my amendment, I should like to test the opinion of the House.

Environment Bill

Debate between Baroness Young of Old Scone and Lord Goldsmith of Richmond Park

Committee stage
Monday 12th July 2021 Lords Chamber

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I was not intending to speak to this group of amendments, especially as I was keen to keep the Minister sweet for my tree amendments in the next group, but I have become increasingly worried and suspicious. I support the amendments tabled by the noble Lord, Lord Krebs, and want to ask the Minister about the Government’s intentions.

Why the Government would want to put their head into this particular lions’ den mystifies me. Why were the clauses to weaken the habitat regulations introduced without consultation, late in the day in May? The habitat regulations, with protections for SACs and SPAs, are one of the jewels in the crown of EU environmental legislation. Even for Brexiteers there are such things, one of them being the habitats regulations. They give protection for the very small number of the most important priority sites and species, and there are only about 900 across the whole four nations of the UK. Quite a lot of them are in Scotland and out to sea, so it is not as if you would be falling over SPAs and SACs on every street corner and being prevented from doing anything as a result. We know that their protections are much valued by the public. They are also a bit of a coup for the UK. The UK led on negotiating these protections into EU law originally. It was the Prime Minister’s dad who played a substantial role in that, so threatening the habitats regulations is tantamount to a declaration of war. Why would the Government invite this sort of conflict? That is what is worrying me.

Clause 105 says that there will be no diminution of the habitats regulations’ requirements, but the judgment on this is left to the Minister, and, although he will consult and bring proposals to Parliament, he will to some extent mark his own homework—so noble Lords can see why I am suspicious. Speeches like that of the noble Baroness, Lady Neville-Rolfe, stir up that suspicion even further. The government proposals could quite easily be set alongside and be complementary to the habitats regulations’ requirements. The requirement to meet the Environment Bill targets and the environmental improvement plan targets could be additional and not instead of the habitats regulations’ requirements. The noble Lord, Lord Krebs, very clearly pointed out that they are not the same requirements.

In fact, of the targets that we discussed earlier in Committee, the one that the Government are prepared to move on is on species abundance, which is about species numbers, rather than habitats or sites. So the habitats regulations’ protection for these most important habitats and sites is still required. Why do the Government want to junk one of the decent pieces of EU legislation? Is it simply because it is a European law? Is the Minister being forced into sweeping the ground for a set of planning proposals that have not been seen across government yet, let alone by your Lordships or the public?

In these circumstances, Clause 106 ought to be deleted from the Bill—it is a pig in a poke, and we do not know enough about what is going to come in its wake. Above all, I would like to hear from the Minister why the Government are stepping into this maelstrom—because it will be one—and how the changes that they plan to make could be made more transparent so that your Lordships could be enabled to decide whether or not to be suspicious. I would also like to hear why we cannot have what the Minister is proposing as an addition to the existing habitats regulations’ requirements, rather than instead of them.

[Lord Goldsmith of Richmond Park (Con)]

I am sorry that I have raised the noble Baroness’s suspicions. I have described the safeguards that are in place, and I will not repeat them because she will have heard what I said. It is wrong to imply, as I think she did, that we are scrapping the habitats directive or that it is deemed to have no value by government—that is not the case, and I hope that I made that clear in my speech. However, it is equally wrong to pretend that it is unimprovable; clearly, it is improvable and clearly we need a better or improved set of rules to deliver on the ambition that we have set ourselves. The facts make that unarguable.

However, I will go further and say that describing what the Government are doing as a “declaration of war” against nature is very hard to reconcile with an Environment Bill that has unprecedented targets. I challenge the noble Baroness to find any other country with ambitions that come even close to those that we are setting out here in relation to peat, water, waste, species, tree planting, et cetera. I challenge her to find any other country that has as ambitious an approach in relation to land-use subsidies. Indeed, I can tell her that we are the only country to have attempted, let alone achieved, the transition from the kinds of subsidies that dominate worldwide to the subsidy system that we are replacing them with, based on the condition of the delivery of public goods. Through the Bill, we are the only country to legislate to clean up our international footprint. I believe that we are introducing a world first in net gain. I could go on with many other examples. The idea that the Bill represents a declaration of war on nature is frankly absurd.

--- Later in debate ---

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I am conscious of the hour. I thank the Minister for the initiatives that he spoke of on ancient woodland but ask that, when he continues to look at ancient woodland protection, he also raises the effectiveness of the implementation of the current planning guidance with the MHCLG, because it is clear that, if we have 1,200 cases of ancient woodlands at risk, the implementation simply cannot be working. I would be grateful if he would agree to raise that with the MHCLG and, while he is there, he could ask them about the planning reforms and get some guarantee that they will not reduce the level of protection for ancient woodland below the current NPPF and, preferably, improve it.

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I have had commitments from the MHCLG that our protections for trees will be improved and enhanced, and will not move backwards, but I will continue to press home that case. I am seeing the Secretary of State in a matter of days to talk about this and a number of other issues, and I will raise the points that the noble Baroness raised in her speech today.

Environment Bill: Royal Assent

Debate between Baroness Young of Old Scone and Lord Goldsmith of Richmond Park

Thursday 10th June 2021 Lords Chamber

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, our landmark Environment Bill was officially reintroduced in the Commons following the Queen’s Speech at the start of May. The Bill completed its passage through the Commons and entered the Lords at the end of May. First and Second Reading have been completed. We have publicly committed to Royal Assent by autumn as a key part of our domestic and international environment agenda ahead of COP 26.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I thank the Minister. The Environment Bill is big and important, and Peers at Second Reading showed its need for amendment; it must be given adequate time. Does the Minister accept that the Bill would go a lot faster if sensible amendments for improvement were accepted by the Government in a collaborative spirit rather than routinely rejected as if by rote? Would he accept that it would pretty difficult for the Government to show global leadership at COP 15 and COP 26 if they passed a Bill that is watering down previous environmental commitments —for example, on the office for environmental protection and halting biodiversity, climate and habitat regulations?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, it is absolutely right that this House will want to subject the Bill to full and proper scrutiny, but I hope noble Lords will agree that it represents a giant step forward in environmental protection: whether through biodiversity net gain, record-breaking targets, local nature recovery strategies, conservation covenants or the office for environmental protection. There is a whole package of measures to take us towards a zero-waste society. Of course I will approach debate on the Bill with an open mind, as all Ministers should, but it is already an important piece of work.

United Nations Biodiversity Conference

Debate between Baroness Young of Old Scone and Lord Goldsmith of Richmond Park

Tuesday 13th April 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

I wholeheartedly agree with the noble Lord about the scale of the crisis. We will be familiar with the numbers; they are shocking at every possible level, whether we are talking about terrestrial or ocean biodiversity. He is also right to say that targets have been set and missed many times in the past. What must be different about this convention is that, in addition to having those strong targets and ensuring we have the finance necessary to deliver them, we must have mechanisms enabling countries to be held to their promises—just as we have with climate and carbon emissions reduction commitments. We do not currently have them in relation to biodiversity. That is the bit that is missing and that the UK is pressing hardest for.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, biodiversity decline and climate change are twin crises and need equal and urgent concentration, so why are the Government continuing to refuse to accept a legally binding state of nature target in the current Environment Bill, in the way that there are already legally binding targets for climate change in UK legislation? Does the Minister agree that we will not get much credit for any heavy lifting or leverage at Kunming if the Government have just had a messy public punch-up as the Environment Bill goes through, refusing to adopt legally binding biodiversity targets here in the UK?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, it is absolutely right to say that climate change and biodiversity are two sides of the same coin. They represent the gravest threat we face, and we cannot tackle one effectively without also tackling the other. There is no pathway to net zero emissions without a major increase in support for nature and nature-based solutions, so I wholeheartedly agree with the noble Baroness. It is not the case that the Government are refusing to include the mechanism she proposes—the target around biodiversity and state of nature. This is a live issue and one we are engaging with very actively. I hope that when we bring the Bill to the House, we will be able to have a meaningful discussion about that.

Burning of Peat Moorlands

Debate between Baroness Young of Old Scone and Lord Goldsmith of Richmond Park

Wednesday 14th October 2020 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My noble friend is right that there is much debate around the issue. That debate has prompted a great deal of research, particularly over the last decade. The Government have kept abreast of all the latest scientific evidence to inform our policy approach. However, overall, the evidence shows that the burning on blanket bog is detrimental as it moves the bog away from its original wet state and risks vulnerable peat bogs being converted to drier heathland habitat. Defra’s view is therefore that ending burning on protected deep peat is the best approach for achieving habitat restoration and maximising the full suite of ecosystem benefits that would arise.

[Baroness Young of Old Scone (Lab) [V]]

I draw attention to my interests in the register. The Government hoped for a voluntary surrender of burning consents but no one volunteered and burning has increased. The heather and moorland burning regulations are 13 years out of date and do not meet the Government’s commitments to net zero, to biodiversity or to air and water quality. I understand that a draft of proposed new legislation has been prepared, so what conceivable legitimate excuse can the Minister give us for delaying any further the legislation that the Government promised to end the rotational burning of blanket bog by October 2019?

[Lord Goldsmith of Richmond Park (Con)]

We are currently engaging with stakeholders on the content of the England peat strategy and we expect it to be published later this year, but, as I said earlier, the Government are committed to phasing out rotational burning. We are considering all the evidence to ensure that any legislation actually works. It is undoubtedly a complex issue and it is important that we take the right steps to restore and protect this valuable habitat.