(3 years, 3 months ago)
Lords ChamberMy Lords, I am delighted to move Amendment 5 in my name, which has also been signed by the noble Baronesses, Lady Parminter and Lady Jones of Whitchurch, and the noble Lord, Lord Krebs. This is something that we raised in Committee, and during the Summer Recess—or just before—we had a very useful meeting with a few chief executives of environmental and conservation NGOs and the Secretary of State. We reinforced our view on this, and I am delighted now that they are giving fulsome praise, because the Minister and his Secretary of State obviously persuaded those elements of government that were reticent about some of this. They have seen the error of their ways and introduced government Amendment 6, which is exactly the sort of thing that we have been asking for. In fact, this amendment was the one thing that I was really prepared to die in a ditch for. Although some people might be disappointed to find that the ditch is now unoccupied, there may be other ditches in future, but for the time being, I remain extremely happy. I trust that other people at that meeting are as well, although I can see another amendment that possibly just pushes it a little further, but it is always worth a try—that is the way I would put that.
The other amendment in this group that I want briefly to speak to is Amendment 9 in the name of the noble Baroness, Lady Young of Old Scone, to which I put my name, on habitats. I do not want to dwell on it for too long, especially because we have the amendment to get the target to halt the decline in the abundance of species, but I will say—I am sure we will hear a lot more from a much more erudite Member of your Lordships’ House—that species decline is inextricably linked with habitats. I promised the Secretary of State that I would be good on this if I got what I wanted, but I cannot resist saying that habitats are extremely important too.
I beg to move but I will withdraw my amendment; I do not know the procedure for that. I will move it, but then I won’t.
My Lords, after that stunning introduction by the noble Lord, Lord Randall, I feel I ought to speak to my amendment, although I do not think I can be as erudite as he thought. I am delighted that he, the noble Lord, Lord Krebs, and the noble Baroness, Lady Boycott, are my co-signatories.
First, in anticipation of him moving it, I thank the Minister for government Amendment 6, which toughens up the commitment to halt species decline. That is fine, but I am less well behaved than the noble Lord, Lord Randall. I am a bit like Oliver Twist—I want more—so I also support Amendment 7 from my noble friend Lady Jones of Whitchurch, which would go further and quite rightly seeks not just to halt but to begin to reverse species decline. It is a bit like target golf: I am not entirely sure that you could halt species decline without being on a trajectory that will take you towards recovery anyway. No doubt my noble friend will illuminate us.
The noble Lord, Lord Randall, was absolutely right in saying that species are not sufficient and we need to talk about habitats as well. The twin currency of biodiversity conservation has for generations been both species and habitats, so in speaking to my Amendment 9 I am trying to lay out that we need targets to be set to improve the extent and condition of important wildlife habitats by 2030 as a complementary and twin part of the effort towards the species recovery targets also being debated.
My amendment has three prongs. The first is an increase in the area of the national protected sites network, which is not complete yet. The second is an increase in the area of the important habitats that are not protected sites. Many of our important habitats have no protection whatever at the moment. Noble Lords have heard me bang on about ancient woodland many times; I promise that I will bring on more when we get to the tree bit of the Bill. The third prong is that at least 60% of our sites of special scientific interest—these jewels in the crown of nature conservation—need to be in a favourable condition.
Why should the Minister accept this amendment? I will give him five reasons; I will be brief. Protected sites, by which I mean sites of special scientific interest, European protected sites—heaven knows what they are called now; they used to be called Natura 2000 sites—and even sites such as national parks and areas of outstanding natural beauty have been, as I said, the jewels in the crown of our nature conservation effort for more than 70 years. It would be nothing short of weird if a government commitment to halt biodiversity loss by 2030 made no reference to this network of sites and ecosystems, because they support the species that we want to see recover. They are fundamental; they are the webs of life within which these species exist.
The second reason is that sites of special scientific interest are the most wildlife-rich places we have. They are absolutely fundamental for species recovery, yet we have gone backwards rather than forwards in improving their condition. Over the past decade, many of our SSSIs have not been monitored at all. Our current estimate is that only 39% of SSSIs are in favourable condition, so a commitment is needed urgently to improve their condition.
The third reason is ancient history. I am very old, in common with many Members of your Lordships’ House, and, once upon a time, in the 1990s, the NGOs worked incredibly hard and produced a detailed recovery plan for nature, the biodiversity action plan. This was so good it was adopted by government. It was judged essential that it contain action plans not just for declining species but for important habitat types, with measurable actions and outcomes. So why would we feel less able to do this now? That is ancient history, and they did it then.
The fourth reason why the Minister should adopt the amendment is that habitats are easy, not less easy, to assess and monitor. I know that his officials in Defra are telling him that habitats are very difficult to monitor, but that is absolutely not the case, especially with modern technologies such as satellites and drones. Habitats are big stretches of land; they do not move around; they are not complicated, like beetles with no names; they are pretty straightforward to assess and monitor.
Lastly, and this is my trump card, the Prime Minister’s father phoned me up and pointed out to me—I hope the Minister noted that, but I am sure he pointed it out to the Minister as well, because he told me he had—that the latest draft of the global biodiversity targets for 2030 under the convention on biodiversity, the CBD, which will be agreed in China, or remotely through China, in October at the Conference of the Parties 15, combines species abundance and habitat extent and quality. So if we do not have targets that combine the two, we will be out of step with what is being aimed at by the rest of the world. I know that the UK Government are playing a key leadership role in COP 15, and it would be pretty strange if they were settling here, back home, for a less effective target based solely on species abundance and not habitats.
(3 years, 3 months ago)
Lords ChamberMy Lords, I added my name to the amendment of the noble Baroness, Lady Bennett, and I was pleased to do so because I, like others who have spoken, realise the importance of soil. In fact, I doubt that there is anyone in this Chamber today who does not appreciate that.
The question is whether we should put this where it is on the face of the Bill. As has already been said, my noble friend Lord Caithness’s amendment about a soil strategy will come later. I am very taken with the idea of putting this in the Bill. However, I have one note of caution. The next amendment, which I will speak to, will put in something else that I think is a priority, and I dare say that there are plenty of, or quite a few, others that people could put forward as priorities—we have our own pet subjects. I really want to hear from my noble friend the Minister—I know that he believes in this—what Defra and the Government are taking seriously about this and how they will deal with it. This may not be the way to put it forward in the Bill, but at the moment it seems like the best way. I am very taken with my noble friend Lord Caithness’s amendment that we will come to later, which might be a better alternative. That said, I shall listen to what my noble friend says.
My Lords, I urge the noble Lord, Lord Randall, to be of good cheer and believe that this is the solution—because it seems to me that we have heard, from many noble Lords of high esteem, just how important soil is as a fundamental part of the environment. Indeed, two of the Government’s priorities in Clause 1(3), “water” and “biodiversity”, are crucially dependent on soils, apart from anything else. It is true to say that, as well as very many noble Lords being able to lay down the case very clearly for soil being part of the Government’s priority list, the Government themselves have said that: in their 25-year environment plan, they mentioned soil quality 17 times, so it does not seem to me to beyond the wit of man to believe that that looks like a bit of a priority and probably ought to be in this list.
I know that, in Committee, the Minister said that the science will not let us measure soil health, but there has been research on soil quality for the last 50 years, and lots of measures have been put forward as indicators of soil health, ranging from microbes to organic matter to earthworms. The Government just need to make a stab at a basket of indicators and get on with measuring and incentivising improvement.
Although I have banged on for many years about government needing to incentivise people to produce outcomes, in this particular case I want to recant from that and ask for the reverse practice, which is to incentivise practices that have a proven effect for good on soil health. If we can get farmers, land managers and others who have an impact on the soil to do the right things, good soil quality will result.
The noble Lord, Lord Deben, talked about a few of those things, such as minimum tillage, crop rotations, applications of manures and composts, use of cover crops and effective management of field margins. If farmers and land managers were incentivised to do all of those, we would be almost absolutely guaranteed to be improving the health of the soil. As such, I urge the Minister: soil health is too important to say, “It is too difficult” and to leave it out of the Government’s priority list.
(4 years, 1 month ago)
Grand CommitteeMy Lords, our break has given me time to absorb the wise words of my noble friend Lord Blencathra. It is always a pleasure to listen to him. He is far too modest but made some very good points.
I wanted to be someone who could support HS2, but my experience as a constituency MP led me to the decision that as a company, HS2 is probably one of the worst to deal with. Its people are their own worst enemies. While accepting that phase 1 has happened—it breaks my heart to see how it has ripped through so much of our countryside—I want to make sure that the people who live along the line of the proposed phase 2a have a better deal all round. I shall speak to Amendments 4 and 9.
My noble friend Lord Blencathra spoke eloquently and correctly about ancient woodland, and I know that I am to be followed by the noble Baroness, Lady Young of Old Scone, who will be able to tell us much more about the merits of this debate. Anyone who has an interest in biodiversity will know that ancient woodland is one of the treasures of this country, as it is all over, and we are losing too much of it. It is therefore important to look at exactly what is happening. He mentioned the replacements proposed by HS2, but of course you cannot replace an ancient woodland. I have to say also that some of the trees that have been planted in the Colne Valley and elsewhere are just sticks with a bit of plastic around them. HS2 did not water them, saying that it was not economic to do so when the weather is bad. We have to watch HS2 like a hawk on all these things.
I should draw attention to my interests not only as the president of the Colne Valley Regional Park, which is technically not a part of this project because it was in phase 1, but as a trustee of the Bat Conservation Trust and a council member of the Royal Society for the Protection of Birds. Noble Lords will know of my great interest in preserving biodiverse areas.
In phase 1, which was 240 kilometres long, 34 ancient woodlands were directly affected and 27 indirectly affected. “Indirectly affected” can mean anything from light pollution—there are ongoing problems in the Chilterns with the effect that has on bats, including on endangered and listed species—but I refer to the 34 woodlands that were directly affected. The phase we are now talking about involves some 64 kilometres in which 10 ancient woodlands will be directly affected and seven indirectly affected. As a proportion, more woodlands will be affected by phase 2a than in the first phase.
What can we do about this? I have to try to put myself in the position of those people, many of whom are with us in the Grand Committee today, who are such firm advocates of this project. What I want them to understand is that HS2 Ltd must deal with these subjects in a measured way by being honest and coming forward. I am not even going near the issues of inflation that my noble friend Lord Blencathra raised so eloquently. HS2 does not listen to the concerns of NGOs, Members of Parliament or ordinary members of the public. As an example, when I ceased to be the Member of Parliament for Uxbridge, I was succeeded by no less than the current Prime Minister, but he has just as much trouble getting answers out of HS2 as I did. It was not just because the company did not want to answer me, although it may have felt like that, so this is very important.
That is why Amendment 4, in the name of the noble Lord, Lord Berkeley, is absolutely crucial. We have already heard that the Government are saying there should be a review every six months, while the amendment asks for one every quarter. I think that a quarterly review is better because a lot can go on in those other months. I shall say this to the fans of HS2: if they want to get people on side, they have to be able to convince them that HS2 is a listening organisation and will do what it must to try to remedy the damage that it is doing, and indeed to avoid doing damage.
It is no good HS2 just riding roughshod. It is pretty obvious to me, and I hope to many noble Lords, that this project is deeply unpopular not just among those along the line, living in the countryside, whose lives are affected —it also affects urban areas, of course—but among a large part of the whole nation. They are concerned about the spiralling costs. It is time for us all to have a really close look at how this project is going, and I therefore support both amendments.
My Lords, I declare an interest as the chairman of the Woodland Trust, as previous noble Lords have indicated. Like other noble Lords, I thank the Select Committee, chaired so admirably by the noble and learned Lord, Lord Hope, for its work. It made some valuable recommendations on behalf of ancient woodland protection.
I speak in modified support of Amendment 4, in the name of my noble friend Lord Berkeley, and Amendment 9, in the name of my noble friend Lord Tunnicliffe. I will focus on the impact of HS2 on irreplaceable ancient woodland. I also pay tribute to the noble Lord, Lord Blencathra; I support everything that he said on Amendment 9. His defence of the importance of biodiversity and ancient woodland were quite lyrical and based on his huge in-depth knowledge of the policy framework for these areas and the practice on the ground. It would behove us all to listen to the noble Lord, Lord Blencathra, especially when he is offering us large drinks afterwards.
Phase 2a of HS2 is, in terms of ancient woodland, a bit like
“Just when you thought it was safe to go back in the water”,
that inimitable phrase from “Jaws 2”, because phase 1 is working out badly enough in its impact on ancient woodland—those natural cathedrals of biodiversity and trees. Phase 1 of HS2 directly affects 34 ancient woodlands and indirectly impacts 27. Phase 2a, which is covered by this Bill, is one-quarter of the length of phase 1; it directly impacts 10 ancient woodlands and has a number of indirect impacts. The rate of damage has increased per kilometre of track in phase 2a, compared pro rata to phase 1. There will be further loss and damage to ancient woodland caused by the subsequent phase 2b. This is strange, in my view, when seen against the current policy background.
Only last year, the Government increased the protection for ancient woodland in planning guidance. As the noble Lord, Lord Blencathra, said, there is now a policy steer from government about net biodiversity gain from all developments, apart from major infrastructure schemes. HS2 Ltd assured Parliament at the beginning that the project would deliver no net loss of biodiversity. But it has acknowledged that ancient woodland is irreplaceable and therefore cannot be damaged without there being a net loss of biodiversity. I would support the call of the noble Lord, Lord Blencathra, for the Government to commit to net gain in all their sponsored projects, including major infrastructure schemes.
If it were not so serious, it would be almost laughable to see HS2 Ltd digging up ancient woodlands in phase 1, carting them across the country and dropping them off elsewhere, in the pious hope that something might survive and re-establish. For the record, I assure the Committee that there is no evidence at all that this translocation of ancient woodland works. Let us not kid ourselves that these activities, which are quite expensive, do anything more than act as a fig leaf. The Minister has heard me bang on about this so many times that I am sure she is bored. She will no doubt tell me yet again that there are 52,000 fragments of ancient woodland still left in Britain, so losing a few is just regrettable. That is like saying, “If Salisbury Cathedral or York Minster bit the dust, let’s not worry—after all, there are lots more cathedrals”.
The amendment proposed by my noble friend Lord Berkeley would require the Secretary of State to publish quarterly reports on the environmental impact of the scheduled works. I very much support the concept of regular reports and I will explain why in my comments on the environmental performance of the scheme, although quarterly is perhaps a bit too frequent. The amendment tabled by my noble friend Lord Tunnicliffe would require the Secretary of State to publish an annual report detailing the impact specifically on ancient woodlands.
Such reports are important because it has not been at all easy to get reliable and up-to-date data on the HS2 project’s impact on ancient woodlands from either the Government or HS2 Ltd. However, although these reports would be valuable, they would do the job only if there is a process for the Government to review them, learn lessons and lay out the alterations they will require to reduce the impacts of forthcoming works, and how HS2 Ltd will be held to account for existing impacts which were sometimes in excess of those permitted, and reduce or avoid those yet to come. I hope that a toughening up of these amendments might be considered at Report.
Allan Cook, chairman of HS2 Ltd, is very proud of the engineering innovation and ingenuity this project is delivering. Regular reporting on ancient woodland impacts by HS2 would enable him to demonstrate that engineering and ecological innovation and ingenuity would be increasingly deployed to reduce and, I hope, eliminate adverse impact on ancient woodlands. I do not believe that this is impossible—where there’s a will, there’s a way—but it is about not just HS2 Ltd but the Department for Transport taking ancient woodland seriously and showing some leadership in bringing forward actions that put flesh on government policy commitments to better protection for ancient woodland.
This is a deeply unpopular scheme. I was amazed to hear that the vast majority of complaints received about it have been based on its biodiversity, ancient woodland and natural site-based impacts. There must be more we can do to address the distress of many people at what the scheme is doing to our natural habitats. If the Government do not favour these requirements to report, what changes to the process would the Minister propose to ensure that the lessons from previous destruction are taken on board openly and transparently and reduce the destruction of and damage to ancient woodland, rather than simply barrelling on, doing the same thing we have unsuccessfully and damagingly done in the past?
(4 years, 3 months ago)
Lords ChamberMy Lords, I shall speak to Amendment 14, in my name and those of the noble Baroness, Lady Bakewell, the noble Lord, Lord Randall, and the noble Earl, Lord Devon. I am very grateful for their support. Currently, all farmers in receipt of common agricultural policy payments have to deliver, under the cross-compliance regime, a range of standards described as “good agricultural and environmental conditions”—a snappy little title. Some of the standards have now been enshrined in UK law but some have not, and would disappear when the good agricultural and environmental conditions provision disappears with the end of direct payments to farmers and the end of the cross-compliance regime.
The standards that would be lost are primarily those covering the management of hedgerows, the protection of soils and the provision of watercourse buffer strips. My amendment is aimed at ensuring the delivery of all the standards for good agricultural and environmental conditions, which were previously assured by cross-compliance and which all farmers receiving subsidy had to respect, and to make sure that they will continue to be a condition of receiving public money under the new system.
The Minister very kindly organised a meeting with himself and Defra officials, and they acknowledged that the holes that I have identified, which would be left by the cessation of the cross-compliance regime, were indeed holes, and that something would have to be done to plug them. The Minister has indicated that the Government plan
“an intensive consultation on standards in the autumn, laying out what standards should be achieved by all farmers receiving public subsidy, but there is not yet any agreement on the mechanism for enforcing such standards and the design principles and regulatory strategy are still being worked up.”
As noble Lords know, direct payments are due to start to taper shortly, though the date will be a subject of debate in this House later on Report. It is not entirely clear when cross-compliance requirements may disappear. Can the Minister clarify that date? Whenever it is, we could well end up with a gap in hedgerow, watercourse and soil protection during the transitional phase, and possibly beyond, depending on the results of the intensive consultation on standards. I suggest that the holes that the Minister acknowledges in environmental protection would be very easily and, if I may say so, elegantly plugged by this amendment, so I hope that he will accept it. I beg to move.
My Lords, taking my cue from the noble Lord, Lord Rooker, on the previous group of amendments, I do not want to pontificate about this. The amendment has been eloquently proposed, and I am delighted to have added my name to that of the noble Baroness, Lady Young of Old Scone. She has previous talked about baubles on Christmas trees, and now she has provided us with an eminently suitable plug. I am concerned that if we are not careful, these things will, although maybe not on purpose, be allowed to slip down the plughole, so I urge the Minister to ensure that we have an ample plug, to stop this happening.
(4 years, 6 months ago)
Lords ChamberMy Lords, as previous speakers have said, this is a fundamental part of the Bill, and I feel very strongly that environmental sustainability is the crux of this matter. I heard the arguments of my noble friend Lord Blencathra, and as always, they are very strong. I do not doubt the Government’s intentions on the environment and on the sustainability of stocks, but it should be on the face of the Bill. If you do not have environmental sustainability, it is obvious that the other issues we are talking about are irrelevant, because there will be no fish, and no economic advantages. It is absolutely fundamental. I urge my noble friend the Minister to accept this amendment, otherwise I will find myself having to support it in the Division Lobby.
I support Amendment 2 in the name of the noble Lord, Lord Krebs. The end of our participation in the common fisheries policy is a real opportunity, which we must not miss if we are to ensure that this self-determined fisheries policy for the first time has a firm foundation in sustainability. I too was rather unconvinced by the account by the noble Lord, Lord Blencathra, of how balance needs to be achieved in these discussions and decisions. So often the environment does not get a fair shout in these questions of balance. Fisheries, aquaculture, economic and social interests all rightly have a voice, but in some cases those voices are disproportionately loud, and this amendment ensures that environmental sustainability also has a voice. This is fundamental, as many noble Lords have said, not only for our seas but to prevent overfishing and to support sustainable fisheries and coastal communities. In the truest sense, it would be a real shame if we did not ensure that this opportunity was enshrined on the face of the Bill.
My Lords, I will speak to Amendment 10 in the name of the noble Lord, Lord Teverson. I am attracted to the amendment and agree with the point, which he made very clearly, that there is a need for ambition. However, as I have looked at it more and more, I have not been convinced that this could be achieved in this manner. I do not see what “or above” actually means. Sustainable level surely means a minimum level, but if you then said that you were going to have the stocks higher, in order to fish higher, then they become sustainable. I agree 100% that we must be ambitious in restoring those stocks to previous levels as best we can, but I am not sure that this is the way forward. I wait to hear what the Minister says; I hope she will reassure me that the Government have every intention of helping the ambition to do more than just keep at sustainable levels.
On Amendment 10, the noble Lord, Lord Teverson, talked about having ambition beyond simply restoring stocks. This is also an issue of practicability. Fisheries management plans will, I hope, be science-based, but on occasion the management of stocks with a precautionary approach will mean that the stocks recover above sustainability levels. Under the Government’s proposed arrangements, fisheries management plans might not have that flexibility and would not envisage going above those levels. Therefore, this amendment is required to give the flexibility of fish not obeying science in every jot and tittle.
(4 years, 9 months ago)
Lords ChamberMy Lords, I rise to speak to Amendment 121 in my name, supported by the noble Lord, Lord Randall of Uxbridge. Better scrutiny of secondary legislation is a bit of a hobby-horse of mine. I hope that this is a good example of how we should look to improve methods of scrutiny of secondary legislation across the board but let us focus on this one for now.
When the various statutory instruments were going through the House, transposing European legislation into UK laws as part of the withdrawal process, we all bore the scars of quite restricted consultation and no publication of the statutory instruments in draft. The only real remedy available for those dissatisfied with the statutory instrument was to blow the whole thing out of the water, even under the affirmative procedure, a nuclear option that would have left us with no legislation in place at all.
The Minister, the noble Lord, Lord Gardiner, was excellent in talking to people about the statutory instruments he was responsible for. However, it still left us with the ability to talk about them but not to change them, because by that time they had been laid. This amendment reflects the fact that in this Bill a number of provisions give the Secretary of State powers to create secondary legislation, including for fishing industry or conservation purposes in Clause 36, and for aquatic animal disease purposes in Clause 38. These could be seminal and result in major changes to fisheries management measures. It is important that any changes are subject to a more extensive scrutiny process by stakeholders and the legislature.
Of course, the Bill requires the Secretary of State to consult before making new regulations, but this amendment provides an additional requirement for authorities to lay regulations before Parliament at the draft stage, while it is still possible to change them, and for the Secretary of State to have regard to any responses to consultations, including any parliamentary resolutions or recommendations. This reflects the super-affirmative requirements for scrutiny of secondary legislation in the Public Bodies Act 2011 and the existing consultation requirements for the joint fisheries statement, the Secretary of State fisheries statement and the fisheries management plans in Schedule 1, so it would not be out of line with other measures currently in the Bill. I beg to move.
My Lords, I support the noble Baroness in her amendment; she spoke very eloquently about the need for it. Having been in the other place for some considerable time, I know that it is always easier to change legislation when it is in the draft form. I have found that Governments of all colours are more loath to change once they have laid the actual regulations. Some of these are of sufficient importance that interested parties, including Parliament, should have a good look at anything being brought forward. That is the way forward and it will allow us to improve not just regulations. I am very keen to see this type of amendment in this Bill and others.
(4 years, 11 months ago)
Lords ChamberI do not come from Buckinghamshire—although very close to it—but I point out that HS2 goes through Buckinghamshire already.
Before my noble friend resumes, I point out that we are in the midst of electrifying the Midlands route. It is not pleasant but it is not the end of the world. It is happening while trains run.