Her Late Majesty Queen Elizabeth II

Earl of Caithness Excerpts

Friday 9th September 2022 Lords Chamber

This afternoon, we have managed to capture the flavour of having such an astounding person as our monarch. At a time when the constitution is—shall we say?—challenged in some respects, to have had her there at the head of a constitutional monarchy has been a benefit to us all.

[The Earl of Caithness (Con)]

My Lords, truly yesterday even the heavens cried, or, as they would say at Balmoral, they greeted.

I mention Balmoral because that is where I was lucky enough to be brought up for the early part of my life. Yes, Her Majesty was the Queen, but, to me, she was a mother. To any boy aged six, as I was then, and upwards, she was primarily a mother; she was a mother who drove her children over to play with us occasionally. She was a mother who behaved as every mother I knew did. When she brought her children over, she sometimes joined in the game that we were going to play. To me, she was just another ordinary mother, as well as the Queen. She was a mother who was also interested in other people’s children. Most mothers did not bother to talk to a six or seven year-old, but the Queen did. I remember that very vividly, and the time that she was able to give to everybody and how she made us feel very special.

A little later, I remember going to a small dance hosted by Queen Elizabeth the Queen Mother. We were doing one dance. I managed to catch my mother’s eye—that was a mistake—and I got one of those looks that only a parent can give their child. My sister and I were dancing a dance totally different to everybody else in the room. There was that lovely hiatus where I thought, “What’s going to happen now?” Well, the first thing that happened was that the Queen came over and said, “What are you dancing?” My sister explained that it was a new modern dance that she had just learned in London. The Queen said, “I’d like to learn how to do it”, and, very soon, we got the whole room doing it. It was a slight change from Scottish reels, but that is an example of the human side of Her Majesty.

I remember Her Majesty’s love of the estate and the people who worked on it. We have heard tributes to how she cares for people. I remember her concern for everybody on that estate. I remember one particular conversation I had with her. We were sitting there on the hill, in glorious sunshine, and she said, “Malcolm, this is a very special environment. We have got to keep environments like this and our country, because that is what is important in the world.” She was way ahead of her time in thinking like that, because that is a fragile environment subject to all sorts of pressures, which we talked about only yesterday in this House.

Nobody has mentioned the Queen’s love of animals. She was always very knowledgeable and interested in her garrons—I am not going to talk about her racehorses. The garrons played an integral part in life on the hill at Balmoral. She knew their pedigree; she knew what they did, and she knew them all by name. If one was ill, she would be very concerned as to its future. Besides her corgis, she was absolutely brilliant with Labradors. It is astonishing when you see somebody who is naturally good with dogs working a dog. There is that invisible thread that you have to be able to communicate with a working dog. The Queen had it in spades. How this person could come on to the hill, take the dog off the keeper, with the dog knowing who exactly was boss—not the keeper, but the Queen—and doing exactly what the Queen wanted it to do, was something very nice to watch and showed her great abilities.

There were obviously times when, as a young boy, you would tend to forget that you were actually in the presence of the monarch. I remember the occasional proverbial clip round the ear by my father for some of the things I did, and I apologised to him for that, but I think that any youthful child would have done that.

There were also times when the Queen suddenly slipped away to do something else—duty called. It was only much later in my life that I realised what that duty and that role was. Many of your Lordships have mentioned that, and I commend in particular the speeches of the Front Benches; I shall not say anything more on that.

I would like to thank you, Ma’am, for all those wonderful happy memories and the great light that you shone in all our lives.

[Lord Singh of Wimbledon (CB)]

My Lords, on behalf of myself and the wider Sikh community, I too want to pass on our sense of loss and sorrow on the death of Her Majesty the Queen. Her passing marks a moment of great sorrow and reflection for us all. As has been said, her life was one of selfless and unparalleled service to her subjects, conducted with both dignity and humility throughout her 70-year reign.

I have had the good fortune of meeting the Queen on several occasions and being invited to lunch at Buckingham Palace and admiring her wit, wisdom and depth of knowledge. I recall the privilege of accompanying Her Majesty during her first visit to a gurdwara in Leicester in 2002. I remember standing on the steps as the car drew up and the Queen got out a little nervously. Then she saw me and said with a broad grin, “I know him.” It is measure of the high esteem in which she was held by the Sikh community that, in that small gurdwara, after the visit we needed a large truck to take away the many bouquets and posies of flowers.

It was during her Golden Jubilee celebrations that the Queen made it clear that she was the sovereign for all her people and that our different religions show that God’s love extends in equal measure to the whole of humanity—a resonant echo of Sikh teachings that show the important commonalities between our different faiths. I have been taking part in the annual Commonwealth Day service for many years. One year, it was suggested that the service move away from Westminster Abbey, which allows contributions of different faiths, to another church which did not. The Queen very promptly said, “If you do that, I won’t come.”

Her Majesty’s commitment to the service of others, contribution to society and humility in all she did are qualities that Sikhs aspire to embody in their lives. Sikhs will always remember her with love and affection.

Smuggling: Kittens and Puppies

Earl of Caithness Excerpts

Tuesday 7th December 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I am aware of the position taken by the Dogs Trust. We conducted extensive research and engagement right across the sector to try to understand the ideal limit that would disrupt this grim illegal trade while minimising the impact on genuine owners. A report from PDSA in May found that less than 2% of pet owners have six or more pet cats and dogs. That is why, to ensure that we minimise the impact on genuine pet owners, we decided to put in place a limit of five pets per vehicle, but there again we will be guided by the outcome of the consultation.

[The Earl of Caithness (Con)]

My Lords, what more is my noble friend going to do to encourage high-quality breeding of dogs and cats so that hereditary diseases such as hip dysplasia are not passed on?

[Lord Goldsmith of Richmond Park (Con)]

My noble friend makes an important point. That is not addressed in this legislation or the proposals that we have put forward, but we are raising standards of animal welfare across the board from an enforcement and penalties point of view, and across the sector in a number of different ways. I hope that one outcome of the package of measures that we are bringing in is that we eliminate the unscrupulous breeders and boost the quantity of high-welfare puppies and kittens on the market.

Brexit: Food, Environment, Energy and Health (European Union Committee Report)

Earl of Caithness Excerpts

Monday 15th November 2021 Grand Committee

[The Earl of Caithness (Con)]

My Lords, I thank the noble Lord, Lord Teverson, and his committee for their excellent report. As he rightly said, some of it is out of date, but the basic questions are very important and still relevant, despite the Government’s response. I am the odd one out this afternoon, as I am the only Back-Bencher here who did not serve on the committee. I shall ask my noble friend a host of questions. I know that he will not be able to reply to them all today, but I hope that he will give me detailed responses in due course.

I start with fishing. Just before the Trade and Cooperation Agreement was finalised, the Government told us all that there would be an incremental benefit to the fishing industry to the tune of about £148 million by 2026. Where are the figures to justify this? We do not have them yet and we do not have a balance sheet, and it is quite wrong that the Government have not produced them. The National Federation of Fishermen’s Organisations has produced its own report, which shows a totally different figure; it shows that the fishing industry is likely to lose £300 million by 2026 and that the UK fishing fleet has serious problems ahead of it. That report was prepared by a former Defra official, so I presume it to be well based and fairly accurate.

To continue on the theme of a full report from the Government, does my noble friend agree that no assessment of the TCA provisions is relevant for fishing without including the non-quota species? Fundamentally, does my noble friend agree that any deal that allows EU fleets to catch 42,000 tonnes of fish in our waters and for us to catch only 12,000 tonnes in EU waters is doomed to be a failure and a continuation of a rather disastrous 1983 agreement?

Inevitably, leaving Europe has led to more bureaucracy. Does my noble friend agree that the cost of extra bureaucracy and filling in forms for the non-tariff barriers, health certificates, catch certificates and border checks is going to cost the fishing industry a further £24 million?

I want a vibrant, economic fishing industry, but I also want one that is environmentally friendly. British trawlers catch fish by dragging nets along the seabed; they are not the only ones to do so. On average, bottom trawling fisheries release about 1 billion metric tonnes of CO₂ annually. Of that, Britain produces about 90 million metric tonnes of CO₂. Why were these figures not included in the COP discussions? We produce more CO₂ from the seabed than the aviation industry does—and the aviation industry is getting stick, but the fishing industry is not. Why does my noble friend not stop this abysmal habit? Only 1% of UK waters are fully protected, and 97% of our offshore MPAs are subjected to destructive practices of bottom trawling and dredging. What plans has my noble friend to change those figures?

Finally on fishing, does my noble friend agree that the economics of deep-sea trawling do not stand up, and that the UK’s marine heritage is being damaged to destruction by other nations’ fisheries in the vast majority of cases? I hope that he agrees with that; it was a statement made by his fellow Minister and our noble friend Lord Benyon when he was in another place.

Moving on to agriculture, we recently had the trade deals with New Zealand and Australia, which have put the fear of God into our farmers. There is no detail from our Government about how they are going to work with farmers to promote exports, to drive efficiency and to increase productivity in the same way that the Governments of Australia and New Zealand have been doing for many years. Let us not forget that the cost of producing lamb in New Zealand is 63% lower than in the UK, and milk is 25% lower in New Zealand.

In the foreword to the Government’s reply to the Trade and Agriculture Commission report, we find the words:

“Promoting the interests of our farmers … is a priority of our trade policy and our trade deals are delivering on this.”


How do the Australia and New Zealand trade deals tangibly benefit UK farmers? We have had no reply to that, and it is time we had one. Could my noble friend tell me how he expects the bilateral safeguard to work and for how long it will apply?

I return to the Trade and Agriculture Commission report and the Government’s response to it. Any government response that states that a report makes “innovative and far-reaching proposals” means that that report is condemned to the shelf that gathers the most dust. It is obviously too difficult for the Government to get their minds around it. What is happening to the new export council to open up these new market opportunities? Where are the details? Where is the budget? There was nothing in this year’s Budget on export promotion, so where is the money coming from for that?

As we look to the future, we must not achieve our climate change ambitions by exporting UK production of food. In the way that farmers are being treated at the moment, it is likely that we will increase the percentage of food that is brought in from abroad, rather than the home-use percentage. It must be galling for our farmers to produce high-quality food to the highest standards, only for most of it to be turned into processed food that is bad for our health. Why do we have the highest standards and the highest level of processed foods in western Europe? If that is not enough, farmers have to plough in and lose a vast amount of crops because of a lack of workforce. The crop wastage in 2021, so far, is estimated at £61 million and there is a labour shortage of 18.8%. Can my noble friend tell me what plans he has for that?

Finally and quickly on the environment, I agree with the noble Lord, Lord Teverson, about Europe not coming up to the mark on COP 26. Will my noble friend confirm that he is looking at the question of land management, and biodiversity and nature management? We have just done the Environment Bill and have ELMS coming up, but nowhere in there have we looked at how management will happen. There has never been a time when more surveys have been carried out by the Government into nature and how we treat it, and never have they changed the goalposts so often. The farmers, who are under pressure anyway, are the custodians of our countryside. We need to help them in order to help nature and biodiversity.

Environment Bill

Earl of Caithness Excerpts

Consideration of Commons amendments
Tuesday 26th October 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Teverson, and to agree with every word that he just said. I thank the Minister for his introduction to this debate and thank him and his officials for the very detailed and useful discussion this morning, particularly with such a lively avian accompaniment.

I shall take a second to reflect on the place of your Lordships’ House. I had a discussion a couple of days ago with a Cross-Bench Peer for whom I have the greatest respect, who expressed great frustration at the huge amount of work done in your Lordships’ House, which so often—as the noble Lord, Lord Teverson, has just said—gets casually dismissed in the other place. Yet we are so often told, “Oh, we can’t send too many things back to them; we can’t resist too hard; we’re the unelected House.” That, of course, raises a whole other question about the constitution. None the less I fear—and we have seen some cases of this already—that many of our strong, fine Peers are getting fed up and really considering whether they are going to continue to devote their time to your Lordships’ House. It is crucial that we recognise that we are in a different political time and that we are crucial to the future of this country, its environment and people, and we need to stand firm.

I have come under strong pressure, as I am sure many are aware, not to push forward with the soils amendment. Those looking closely will notice that I have not pushed forward with the same amendment as was sent to the other place. My amendment in lieu simply refers to soil quality rather than soil quality and soil health, as in the amendment sent to the other place. Health very often talks about the biology of the soil; quality is frequently used to refer to the structure. I am guided here particularly by the Sustainable Soils Alliance but also by academics, independent experts and farmers, who say that it is possible to use the metrics from the soil structure monitoring scheme to establish a target specifically for soil structure which would fit the definition of quality. As the Minister said on Report, targets can be iterative—they can be developed, evolved and finessed over time.

I acknowledge that the Minister here and those in the other place have spoken often and very clearly, and clearly are engaged with the issues of soil that are so crucial, but we all know that Ministers change. The only thing that will guarantee a way forward is with soil being on the face of the Bill. I put it to noble Lords that this Bill will be fundamentally deficient if we do not have soils there with equal weighting and place alongside air and water. I am afraid that the Minister in debate also said at one point that, if we were looking after air and water, we will sort of be looking after soils as well. I am afraid that very powerfully makes the argument for me—that soil risks falling into a second order unless it is given the same status.

I note that, in your Lordships’ House on Report, the margin by which this vote was won was equal top with that for the amendment on sewage tabled by the noble Duke, the Duke of Wellington. This was a very clear voice from your Lordships’ House on Report.

I also particularly wish to acknowledge the very strong efforts in this area by the noble Earl, Lord Caithness, who has done a tremendous job and has seen some steps forward from the Government. But those steps are still not enough.

I finish, given the pressure of time, by noting that I do not believe that the amendments we are looking at today are either/or. All the amendments that have been retabled today are crucial. My noble friend Lady Jones of Moulsecoomb will address interim targets in more detail, but I stress that that is crucial as well. I also want to acknowledge the efforts of the noble Lord, Lord Deben, and the noble Baroness, Lady Brown, in supporting my amendment last time. I urge your Lordships to show that we are really here to make a difference. I give notice of my intention to push this Motion to a vote.

[The Earl of Caithness (Con)]

My Lords, I rise to support the amendment on soil from the noble Baroness who has just spoken. This is a crucial issue. But first I want to ask my noble friend the Minister a question about what he said when he introduced the discussion on this. He quoted the Prime Minister, who said that there is a climate crisis that will be solved but not by panicked measures. That seemed to indicate that he thought some of the amendments put forward by this House were “panicked measures.” If that is the case, I would be grateful if my noble friend could tell us which of these amendments, which we so carefully debated in Committee and on Report, could be classed as a “panicked measure”.

The noble Lord, Lord Teverson, was absolutely right to tell us that the Prime Minister did not acknowledge that there is a biodiversity crisis. One-quarter of the world’s biodiversity crisis is in the soil, and that is a major problem for us. There ought to be an alignment between the Environment Bill and the Agriculture Act. We got soil into the Agriculture Act and we were then told that that was not the right place for it and that it ought to go in the Environment Bill; now we have got to the Environment Bill and my noble friend tells us it is not necessary in this Bill. It is necessary in this Bill. It should be put into this Bill.

Only 0.4% of 1% of England’s environmental monitoring budget is spent on soil. That is derisory. Could my noble friend tell me what he anticipates that spend to be within one year and within five years? Soil is the basis of everything. The Game & Wildlife Conservation Trust, which has done a huge amount of research over many years on soil, says that we cannot reach net zero without dealing with soil. That has been taken up by the Climate Change Committee, which has said exactly the same thing, and even my noble friend the Minister has said that we cannot solve the problem without addressing soil; yet soil is not going to be in this Bill.

I remember my noble friend Lord Deben said something on Report to the effect of: unless it is in the Bill, it is not going to be done. At that stage, I backed my noble friend the Minister against my noble friend Lord Deben’s advice. This time, I back my noble friend Lord Deben and say that this ought to be in the Bill.

[Lord Deben (Con)]

My Lords, I merely say this: I really wanted to support the Minister and I thank him for the conversations we had. I understand the argument that says soil cannot be exactly parallel with water and air because we have an agreed measure for both which enables us to put a date, but there is no reason we could not have a date, but a different date, to make sure that this Bill actually covers soil. I say this to my noble friend: I have been very disappointed that the promises made by the Government on trade have so clearly not been fulfilled. Therefore, it is very difficult to ask this House to accept the Minister’s personal support for this—which I entirely believe; I do not think there is any doubt about that. But we now have to accept that, unless we have soil in the Bill, it will not have the incredibly important emphasis that it needs.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I apologise; I thought I had answered. I will certainly reply on any questions that I have not answered—I commit to that. I am afraid I cannot do so now as I am not sure which questions are unanswered.

I understand the strength of feeling and thank noble Lords for the amendments they have put forward. I would be grateful if, in return, they could carefully consider the arguments made today.

[The Earl of Caithness (Con)]

Before the Minister sits down, he has not answered the points raised by my noble friend Lord Deben. Notwithstanding the evidence that the noble Baroness, Lady Bennett, and I have received that you can in fact set a target by the appropriate time limit within Clause 1, my noble friend Lord Deben raised the point that you could have a different date for bringing in soil quality targets. As I understand it, the only way that that is possible is for the soil amendment to be passed by your Lordships and for the Government to bring in an amendment in another place to meet the specific concern. If the Minister is convinced that his advice is right and the advice I had is wrong, he could at least bring soil into the Bill with a deferred date by which the target ought to be brought in.

--- Later in debate ---

[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.

[The Earl of Caithness (Con)]

My Lords, first, I thank my noble friend for Motion M and what he has done on conservation covenants. I was a great supporter of the noble Earl, Lord Devon, because, having been a surveyor, I know just how difficult those conservation covenants would be for some farmers, so the new wording is very much appreciated.

My second point is to support very much what my noble friend Lady McIntosh of Pickering said about automatic connection for new developments. This is absolutely crucial. I spoke about it in Committee and on Report. Given the amount of new development there will be, the new regulations need to be brought in as quickly as possible.

Environment Bill

Earl of Caithness Excerpts

Wednesday 15th September 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I was delighted to add my name to the amendment tabled by the noble Baroness, Lady Boycott. I congratulate her on moving it so eloquently. Given this opportunity, I just ask my noble friend when the Government will respond to both parts 1 and 2 of the national food strategy. When does he expect the Government to publish the food strategy plan and what will the timetable for its adoption be? That will be the conclusion of a fantastic debate, started by the Dimbleby report, both parts 1 and 2, on the national food strategy.

I say in passing that farming wishes to play an active role in reducing emissions and achieving net zero. There are additional ways to those outlined by the noble Baroness, Lady Boycott, such as seeking to substitute food imports with home produce. Closest to home, Shepherds Purse cheese is benefiting from this, with Mrs Bell’s Blue and other of its blue cheeses competing favourably with Roquefort. That is not to say anything is wrong with Roquefort, but the food miles are less if we buy cheese closer to where it is produced, and it contributes to the local economy and provides jobs, as well.

I also echo earlier disappointment. I congratulate the new incoming International Trade Secretary, and hope this is something she runs with, but I hope the Government pay more than lip service to maintaining high standards of animal welfare in imported food and ensuring food standards of any imports into this country match the very high standards that our farmers meet. I believe this is a timely amendment, and I hope my noble friend uses this opportunity to tell us more about the Government’s thinking about the food strategy plan.

[The Earl of Caithness (Con)]

My Lords, I have my name on this amendment. I congratulate the noble Baroness, Lady Boycott, on the way she introduced it and am grateful to my noble friend Lady McIntosh of Pickering for what she just said. The timing of this amendment today is particularly appropriate. It is Back British Farming Day, and I am glad that the Minister supports that. I hope that he, like me, will congratulate all the farmers in this country, who have done so much to produce good food, as well as to maintain and try to improve our biodiversity and nature. They have had severe difficulties because of what we politicians have asked them to do in the past. That is why biodiversity has been declining in some areas, but a lot of farmers have bucked that trend and, with the help of organisations such as the Game & Wildlife Conservation Trust, have increased biodiversity on their farms and farmed profitably.

It must be galling for a farmer to produce first-class food, only for it to be turned into processed rubbish that is fed to the processed food capital of the western world—the UK. That processing of food has undoubtedly affected the way farmers farm and if we, with the help of the national food strategy, can change our diets, it will help to change the farming system, as well. That can only be to the benefit of this country and farmers. We must never again go down the route of nature being separated from farming. I know that my noble friend is particularly keen that we get back to a more united and comprehensive approach to farming, and I thoroughly support him on that.

Environment Bill

Earl of Caithness Excerpts

Report stage
Wednesday 15th September 2021 Lords Chamber

[The Earl of Devon (CB)]

My Lords, this is a groundbreaking Bill in many ways but, from the perspective of English property law, no provisions are more revolutionary than Part 7 and the introduction of conservation covenants. This is a seismic shift, meaning that, for the first time since the Normans introduced common law, owners of land will be able to bind successors in perpetuity to positive obligations to manage land in a particular way. More radical still, and in a departure from the recommendations of the Law Commission, the counterparties to these obligations will now include for-profit companies—private enterprise. As a farmer and a former property barrister now practising at an agricultural law firm with clients in this space, I support this scheme and want it to succeed, but there are glaring imperfections in Part 7, causing major concern to, among others, the NFU, the Bar Council and the RICS. Because of that I have tabled Amendments 109, 110, 112, 113, 114 and 115.

Amendments 109 and 110 focus on the formalities by which conservation covenants are created, ensuring that they say what they are and what they do on their face and are created by deed rather than, as currently drafted, by a simple exchange of emails. Amendment 112 ensures that for-profit responsible bodies are conservation- focused, not distracted by other, competing duties, such as making profits for their shareholders at the expense of the environment. Amendments 113 through 115 resolve the untenable position when a responsible body defaults, such that the Secretary of State steps in and, in perpetuity, binds a landowner to a positive obligation without any reciprocal duty to pay the fees covenanted. Since Committee, I am grateful for the support of the noble Baroness, Lady Jones of Whitchurch, the noble Lord, Lord Oates, and the noble Viscount, Lord Ridley, and many others, including the noble Baroness, Lady Jones of Moulsecoomb, indicating a very broad consensus across your Lordships’ House for these modest but vital amendments.

I am also grateful to the Ministers in Defra and the Bill team for their engagement, although I remain concerned that there is a failure to grasp the significance of the issues raised. Given the time, I do not propose to restate the hypothetical parade of horribles that I set out in Committee, but I note that no one has argued that those hypotheticals are wrong. The Government erroneously asserted that conservation covenants needed to be executed by deed in order to be registered as local land charges, but they have since accepted that that was inaccurate. That is appreciated; however, this only reinforces the sense that this radical change to property law is being rushed through without due consideration or understanding. It is our duty to build in necessary safeguards to protect farmers, the environment and future generations from the threat of zombie covenants blighting our green and pleasant land in perpetuity.

Key to resolving these concerns is Amendment 110, requiring that conservation covenants be executed by a deed which contains its key terms as to duration and payments on its face. This is the traditional and best way to ensure that advice is taken such that the potentially punitive and perpetual implications of entering a conservation covenant are properly understood at the outset. The Government say that their draft guidance recommends legal advice, and this should be sufficient, but anyone willing to enter a perpetual covenant by a mere exchange of emails is hardly going to sit down and read the guidance first. Defra wants no brake on the uptake of these covenants and, rather unusually, it is farmers seeking greater formality and not the Government. Defra has directed me to other statutory covenants created without necessarily using a deed, but none of these contains positive covenants, perpetual in nature, with a for-profit private counterparty. These are largely restrictive covenants with trusted statutory authorities.

Amendment 111 in the name of the noble Earl, Lord Caithness, sets out at considerable length the full formalities to be considered in executing a conservation covenant, formalities the RICS would no doubt recommend. Such extensive formalities may not be warranted within the legislation, but they are exactly what will be considered by properly advised parties executing such a covenant by deed.

The Government suggest that Amendment 112 is unnecessary because Defra will ensure that responsible bodies are truly responsible, but I have read the draft guidance and nowhere does it state the objective parameters against which responsibility will be judged. Indeed, it appears that foreign entities can be responsible bodies, so long as they have a PO box in the UK, and entities directly connected with the landowner could be responsible bodies too—there is no prohibition.

I was also surprised in Committee that the Minister cited the example of for-profit water companies as the type of body the Government consider to be responsible. Would that include Southern Water, recently fined £90 million for environmental degradation on an industrial scale in the pursuit of shareholder profits?

Amendments 113 to 115 solve the intolerable impact of the responsible body becoming bankrupt or deregistered and passing its role as counterparty to the Secretary of State, who then has no obligation to pay anything to the landowner, whatever the cost of the landowner’s conservation commitments. These amendments strictly limit the duration for which the Secretary of State is holder of last resort to 12 months, after which, if no responsible body is willing to take the covenant on, it is simply discharged. This has the effect of killing a zombie covenant and protecting the landowner and the land from the risk of a perpetual obligation with no payments in return. Without this change, the scheme is fatally flawed, as anyone advising on such covenants would have to identify this very real risk and advise against it. Of course, if landowners do not take advice, they will not know of this risk, as I note that no mention is made of it in Defra’s draft guidance.

I could go on, but time is short and the arguments are clear. For these reasons and the myriad others I set forth in Committee, I beg to move.

[The Earl of Caithness (Con)]

My Lords, I support the noble Earl, Lord Devon, in his amendments. They are hugely important. I am a great supporter of conservation covenants and I want them to work effectively. As he just said, I have a number of amendments in this group.

I am looking at conservation covenants in something akin to a divorce situation. One can enter into marriage with the very best of intentions and it is all going very well, but then it starts going sour. Divorce can be extremely costly and brutal. A conservation covenant could be entered into with the very best of intentions, but here the situation is complicated because the parties entering it could be different parties when it comes to a conclusion. There could be very different interpretations and a great deal of costs.

The noble Earl, Lord Devon, did not actually mention costs so much today as he did in Committee, but in Clause 126 the final remedy is the Upper Tribunal and that can cost £50,000 to get started. Can farmers really afford that, particularly tenant farmers? The average size of a farm in England is 87 hectares and the cash flows are bare at the most. They might be a little better with the wheat price at the moment but, sure as anything, we have seen wheat prices go up and come down. You cannot expect farmers to have that amount of ready cash to fight in the courts.

I therefore seek to spell out in some detail the sort of things that need to be taken into account. I do not expect many conservation covenants to be undertaken by tenants but, if one is, all the freeholders of the land should be signatories to that agreement. I hope my noble friend will confirm that. It is a very un-Conservative thing to deprive the beneficiary of a reversionary interest of the full value of that interest, which could easily be done if a tenant enters into an agreement which prejudices the farm at the end of the tenancy. Not only does a conservation agreement affect one property, but it could very easily affect the neighbouring properties and surrounding farms if that conservation covenant involves the re-wetting of the land, which can take many years to undo.

I hope we can get a simpler way to modify and change the tenancies. When negotiation has failed, we need a simple system. I suggest in my amendments that there is an alternative dispute resolution which is simple, cheap, and which farmers, tenants and landowners are used to. I am hugely concerned by the impact that outside bodies might have. As the noble Earl, Lord Devon, has just reminded us, all you need is a PO box. You could get foreign investment companies coming in, taking over these conservation covenants and making life extremely difficult for the occupier.

I very much hope that the Government will be sympathetic to the amendments tabled by the noble Earl, Lord Devon. His Amendments 109 and 110 cover all the points I have raised, but I have spelt them out in a different way because they are of extreme concern to farmers.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will speak briefly. When I first looked at these amendments, I decided to leave them well alone because I did not know what covenants were. Looking at them a little more closely, my working-class bigotry kicked in and I thought that if three hereditary Peers were dealing with this then I ought to be careful. But, in fact, I am convinced, soothed and reassured, and I will be voting for the amendment.

--- Later in debate ---

[Baroness Young of Old Scone (Lab)]

My Lords, my Amendment 117 requires the Secretary of State to create a land-use framework for England. I am conscious of the hour and the fact that this was also raised during debates on the Agriculture Bill and in earlier stages of this Bill. I am also conscious that it is extremely cold in the Chamber and dinner looms, so I will be brief.

I have had considerable support from noble Lords from all parts of your Lordships’ House on this issue. I thank the noble Earl, Lord Caithness, and the noble Baronesses, Lady Bennett of Manor Castle and Lady Boycott, who have also put their names to the amendment. It has become even more important since we last discussed it. Pressures on land from all sides continue to grow, and that is reflected in land prices, which are rocketing up. In particular, the pressures that are really growing and coming into focus include the need for more land for carbon sequestration, for food production and increasing our food security, for tree planting and for forestry, to reduce our reliance on imported timber. There is also pressure for land to halt and reverse the decline in biodiversity, provide green open spaces post Covid and help communities and people protect their health and their mental health.

There are other pressures as well: by 2050, we will need land to house 7 million more people in this country, if the population estimates are correct. That will also mean land for development and infrastructure to support the jobs for this population increase. If we add together all of those things, plus other land uses, the calculation shows that, to meet all of society’s needs for land over the next two decades, we will need a third more land than we have. We desperately need a framework to allow land to be used in the most effective way, for multiple functions—both public and private—to be met by the same piece of land and for decisions on competing land-use pressures to be made on a rational basis, at national, regional and local levels. The three other nations of the UK have all seen sense and have land-use frameworks—England does not.

In addition to all that, the list of land-use schemes that the Government are introducing is growing. Noble Lords have heard about many of them during the course of the Bill: local nature recovery strategies, Nature4Climate and other carbon schemes, biodiversity net gain, the new range of agricultural support schemes in ELMS, major tree-planting initiatives and whatever designations of development land that will come out of the Government’s planning changes, when we see them. There are lots of government schemes. A land-use framework would set all of these in an integrated and logical framework that would act like the glue between them to allow them to operate successfully together, rather than in their current silos. In Committee, the Minister said that local nature recovery strategies would do that job, but they do not include planning and development land uses.

More and more organisations are advocating the need for a land-use framework. I have previously mentioned the Climate Change Committee, the House of Lords Select Committee on the Rural Economy and the Food, Farming and Countryside Commission, on which I should declare an interest as a commissioner. Since we last discussed this topic, another bunch of folk have decided that a land-use framework would be a good idea: the food strategy report that Henry Dimbleby produced for the Government called for such a framework, and the forthcoming Royal Society report will do the same. So I believe that the case for developing and implementing such a framework is undeniable and pressing. For example, it is crucial that the Government’s forthcoming planning reforms are informed by such a framework.

What we are faced with is like trying to do one of these awful jigsaws that well-meaning people give you for Christmas. It is a complex land-use jigsaw where there is no picture on the box and you have a third more pieces than will actually fit into the jigsaw. I do not know about noble Lords’, but I hate those offerings —they are impossible to do—and that is what we are trying to do with land use at the moment. I hope that the Minister will hear the rising tide of support for a land-use framework and accept my amendment.

[The Earl of Caithness (Con)]

My Lords, I have put my name to this amendment. I have supported the noble Baroness in her cause of a land-use framework for England for many years. Indeed, if I remember rightly, one of the recommendations of the House of Lords Committee on the Rural Economy was that we needed a land-use framework. That was some years ago and, as the noble Baroness has said, the case is even more pertinent now. The Bill increases the need for one with the conservation covenants. There is no limit to what land these covenants could be on. If they are going to be in perpetuity and they take all the best agricultural land, then we might well be doing ourselves a disservice in the long term when we need that land to grow food for a starving population.

The noble Baroness, Lady Young of Old Scone, has set out all the points. It is desperately important for the Government to integrate all their policies; at the moment, the pieces of the jigsaw are all over the place. Their strategies, including the new soil strategy, would work so much better if there were a structured plan for them to work under. I just cannot understand why the Minister and Defra are so reluctant to do this when the devolved Administrations have seen the logic of it.

[Lord Carrington (CB)]

My Lords, I declare my interests as set out in the register.

I also want to speak about this interesting clause, which I have been scratching my head about for some time. The need for some top-down planning was clearly identified by Henry Dimbleby in the recent national food strategy report. However, top-down planning on its own and on the scale envisaged is not practical, as there is always a need for local factors to be considered at the same time. While there is some merit in the concept of focusing public funding on the right thing in the right place, it is neither realistic nor desirable to micromanage what happens right down to parish level. As food producers and environmental guardians, farmers and land managers should be at the core of any approach to developing a framework. A framework for land use should be about joining up policy on the ground, not dictating what is done on the land in a very prescriptive way. Any land-use framework should be positive and enabling—allowing land managers to deliver more from their land, whether for the environment, food or other economic activity—rather than negative and restrictive.

The most interesting objective of the clause recognises the need to consider agriculture and food production. Farmers and landowners have often asked for a more strategic approach to land use, particularly now that land may be taken out of production for carbon-offsetting purposes, housing or whatever, so a clause along these lines helps to deal with the issue. However, this clause has much wider ambitions that could greatly restrict the progression of farming and the diversification of farm businesses, let alone other rural businesses. Zoning would almost certainly make it harder or more expensive to get planning permission for a new or different enterprise.

A land-use framework can never succeed in circumstances where there are going to be changes in technology, climate conditions, consumer demand and business viability, to name just a few considerations, all of which could happen in very short order. Furthermore, there are also likely to be major, currently unforeseen implications for land values and tax considerations that need much more research. I therefore cannot support the amendment.

Environment Bill

Earl of Caithness Excerpts

Report stage
Monday 13th September 2021 Lords Chamber

[Baroness Boycott (CB)]

It is a great pleasure to follow the noble Baroness, Lady Bennett. I just want to say a few words about these chemicals and to talk about it from the point of view of the industry and cheap food.

In 1947, the manufacturers of DDT ran an advert in Time magazine showing smiling cartoon farm animals and a rosy-cheeked housewife who sang “DDT is good for me-e-e!”, along with the claim that DDT was the “benefactor of all humanity”. That same year, they had a British colonialist sprinkling DDT over a bowl of porridge and then eating it in a bid to persuade local people in east Africa that this chemical was harmless.

We can see, if we cut forward to today, that Silent Spring was written in 1962 and DDT became recognised as something that was harmful to animals, nature, biodiversity and, indeed, humans. Yet, today, we see a very different story. In 1990, we treated 45 million hectares with pesticides. By 2016, this had risen to 73 million hectares, although the actual area of crops had remained the same. However, we were putting many times more pesticides on to those same crops, on to a weakening soil, in our attempt to keep producing ever more cheap food to feed our population.

There are very familiar names in the industry—Bayer, Monsanto and Syngenta—and it is reckoned that they make about 35% of their total global revenue by selling these sorts of pesticides around the world. Farmers get trapped into that same cycle. It is something that we have to break.

This amendment is very important to me, because I feel a great distrust of the Government at the moment, for instance over the ban of neonicotinoids. They are now banned in America and across the whole of Europe; indeed, when we were still within the European Union, we banned them as well. However, we have now let them back in and they are allowed to be used on sugar beet. This feels to me like a small open door that could get bigger. I quote Dave Goulson, from the University of Sussex, who wrote a fantastic book about the decline of insects. Mentioning neonicotinoids, he says:

“The toxicity takes your breath away—just five maize seeds treated with neonicotinoids are enough to kill a grey partridge.”


No one can spray 17,000 tonnes of poison across a landscape without doing massive damage as it spreads. As the noble Lord, Lord Randall, so wisely said, we now know about DDT—and, actually, we know about this stuff too. It is no accident that it kills animals, insects and every single small thing around.

These amendments are absolutely imperative, right across so many parts of this Bill: biodiversity, habitats and human health. Also, there are other ways of doing it; there are intelligent, responsible uses of gene editing and many natural solutions to keep crops safe and ensure that we have good, healthy food that does not destroy either our planet or ourselves.

[The Earl of Caithness (Con)]

My Lords, I am delighted to follow the noble Baroness; she has made a very powerful speech and covered a lot of the points that I wanted to raise. The noble Lord, Lord Whitty, also made a powerful and passionate speech. We all know that some pesticides are lethal when applied badly or in the wrong conditions. A lot of farmers do it absolutely correctly but, sadly, a minority do not necessarily adhere to the rules or the conditions. As the food section of the United Nations has reminded us, we also need to bear in mind that crop yields currently drop by 26% to 40% if one does not have the right chemicals.

The noble Baroness, Lady Boycott, was absolutely right that there are alternatives coming through in gene editing; that must be the future. It would be an ideal situation if we could get rid of most harmful pesticides through gene editing, to keep food production up. The noble Baroness also reminded us what a complete mess we have made in our farming over past years, which has affected biodiversity, the soil and nature. A serious revolution is taking place now to correct that.

I turn to Amendment 123 and support what the noble Lord, Lord Browne of Ladyton, has said. Yes, there is an informal agreement to phase out lead shot within five years, but that is too long a timescale. It is perfectly possible to do it to an earlier timescale. It would be inconvenient for some industries, I agree, but my mind goes back to when I was a Minister and we started to phase out CFCs. Industries came to my door in their droves, saying, “You cannot do this”, “We will have to rejig our plant”, “We can’t possibly do it in the timescale you are proposing.” In fact, they did it in a quicker timescale than I wanted at the time. If one gives industries a set date, they can do it; they will meet it. It is a pity that most of the steel now has to come from China, but that is another story. I support the thrust of what the noble Lord, Lord Browne of Ladyton, has said, and I so agree with my noble friend Lord Shrewsbury: it is for the good of shooting that this amendment is necessary.

[Lord Carrington (CB)]

My Lords, I am afraid that I will add a little un-unanimity to this debate, which seems to have been completely one-sided so far. I declare my farming interests as set out in the register and note that there is a thriving apiary on my farm, to which the greatest threats are from weather and woodpeckers—if noble Lords want to know why woodpeckers, it is because they break into the hives during the winter and eat the queen bee.

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

The arguments have been very well and fulsomely made, building a consensus. Will noble Lords who still wish to speak make their speeches as short as possible and introduce some new arguments?

[The Earl of Caithness (Con)]

Indeed, I have a new point to add, which has not been made—there is no point in frowning, I say to my noble friend.

I thank the Minister for bringing forward the government amendments and for his commitment to reviewing Schedule 3. That was something that I asked for in Committee and I am delighted that he is going to do it. Has he been briefed on the latest research from the University of Manchester, which has demonstrated a direct link between poor wastewater management and high levels of microplastic pollution in the United Kingdom? When we have these overflows, the microplastics go out into the water system—not only the rivers, but the sea, thus negating a whole lot of good that the Government have been trying to do in reducing microplastics. If this were not enough of a bad situation before, it is now really bad.

My noble friend’s Amendment 63 proposes including a report

“on elimination of discharges from storm overflows”.

I merely ask, what next after subsection (3)? It is good to have a report and lay it before Parliament, but what action will be taken? That is the only thing that matters now. I support these amendments, and support very strongly what my noble and learned friend Lord Mackay of Clashfern said: we should be aiming to separate the sewage from the wastewater. No new developments should be allowed to discharge automatically into the current sewerage system unless agreed by the water authority; there must be other alternatives.

I have one final comment for my noble friend Lady McIntosh of Pickering. If she expects a developer to make a commitment towards future expenditure on one of these systems, I am afraid she is whistling in the wind. The developers will not do so; if necessary, they would go into bankruptcy and set up a new company to avoid any liability.

Environment Bill

Earl of Caithness Excerpts

Monday 13th September 2021 Lords Chamber

In conclusion, this is a critical amendment because it provides the means to achieve the end that the Bill seeks. It is critical because it would show that, in this House, we understand that we simply cannot go on imposing more and more duties on local government without providing the mechanisms by which it can discharge them. Finally, it is critical because, without these powers in the hands of local authorities, as the front-line defenders of nature, biodiversity destruction will continue, notwithstanding the many laudable intentions of this Bill. I beg to move.

[The Earl of Caithness (Con)]

My Lords, I have three amendments in this group. They have a common theme because they are based on the fact that, very sadly, a lot of the good intentions of this Bill are going to fail. Although I support the Bill and support the drift of where we are going, they are going to fail because they are based on, and are building on, the existing system that is already a failure.

Let me give some examples. Since 2000, Defra has spent £10.3 billion or thereabouts on biodiversity. Agri-environment schemes have cost us £8.5 billion in the last 25 years. Roughly 28% of our land is designated for nature and biodiversity, and yet we have an appalling and increasingly bad record. Why? Because the current system is failing. Let me give just a couple of examples. Because of climate change we have gone for bioenergy and we have planted more maize. That has caused huge environmental problems and been very damaging for biodiversity. We are encouraging people to plant trees on what they call unproductive farmland, but that unproductive farmland is the haven for many of the red-list species, and we are damaging those. This Bill is going to build on those failures, and I believe we need to change tack. I know my noble friend will not accept that that is the right way to go but, nevertheless, I believe it is worth putting on the record that it is the right way to go.

We have to accept that there is more to improving biodiversity than just habitats. In the last amendment, my noble friend Lord Goldsmith said that habitats were very important and that we had to improve them. Yes, habitats are important, but they are not the only thing that is important. Equally important, as I have said many times, is winter feed, early spring feed and farming practices and management, in particular predator control. I give the example of the Allerton Project, which is entirely devoted to improving biodiversity and has hugely increased songbird numbers, but it cannot get waders and curlews back because of the lack of predatory control. We need to alter our stance on that.

I have three amendments: Amendment 92A refers to “nature-friendly farming”. These are the people who are managing the land. The noble Lord, Lord Oates, is right that the local authorities have a role, but the bulk of the land is in the hands of the farmers and we need the farmers on side. We need to encourage those that are nature-friendly-oriented. Farming and nature cannot be divided or separated; they have been separated for too long and here is a good chance in the Bill to put the farmers in the position they ought to be in.

Amendment 98 relates to wildlife conservation licences. I tweak the Bill in this respect, in that I propose the use of the word “status” instead of “survival”, as effectively a single individual of a species could be considered to be survival. Population can mean anything from an individual site colony to the total number of that species in the UK. Therefore, scale comes into any definition of detrimental to survival, as reducing the population at the local level may not actually have a bearing on the overall population due, for example, to infill from the current year’s young of the species.

My third amendment is Amendment 105. The noble Baroness, Lady Jones of Whitchurch, spoke on the last amendment in support of what I have said. She feared we would be going backwards if we do not get this right. The purpose of Amendment 105, which is a sunset clause, is to allow us to take a deep breath and stop us going backward if we are. My noble friend Lord Goldsmith said on the last amendment that there would be serious trouble if habitats in 2050 are not in the state we want them to be in. The purpose of this clause is to allow the Secretary of State to stand back, take a look and say “We were well intentioned, but we got it wrong. We need to change and go in a slightly different direction for the sake of biodiversity and the environment.”

We now have binding targets in the Bill but, as my noble friend Lord Benyon, who was in his place a moment ago, said on 25 May in this House:

“We are always wary of targets”.—[Official Report, 25/5/2021; col. 890.]


I am extremely wary of targets when it comes to biodiversity, because every target we have aimed at in the last 25 years has been missed. The purpose of Amendment 105 is therefore to give the Minister a chance to stand back, have a rational look and, if necessary, take a different direction.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Earl, Lord Caithness, whose passion for improving the Bill from the government Back Benches is evident even at this hour. I commend him for that. I declare my role as a vice-president of the LGA and the NALC.

I shall deal with Amendments 90, 91 and 94 together. Amendment 90 appears in the name of the noble Lord, Lord Kerslake, and is also signed by the noble Lord, Lord Oates, while Amendment 94 is also signed by the noble Lord, Lord Oates, and my noble friend Lady Jones of Moulsecoomb. They all deal with the fact that the people who know best about a local natural environment are local people. We confront again, as we do in so many different areas, the fact that the UK—and England in particular—is one of the most centralised polities on this planet. That has many negative effects for people, but it also has negative effects for nature.

On Amendment 90, as the noble Lord, Lord Oates, said, we keep giving local government responsibilities but, through a decade of austerity we have seen fewer resources in local communitiesw available to deal with those responsibilities. We have gone through a cycle where local authorities barely have enough funds to meet their statutory responsibilities—those dictated from here in Westminster. They do not really have enough funds for that, let alone to reflect local priorities and desire for action.

The amendment signed by my noble friend Lady Jones of Moulsecoomb is particularly telling. We can think of so many case studies; the noble Lord, Lord Oates, gave one. I was also struck thinking about the case of the River Lugg in Herefordshire last year, where we saw trees felled, the river bridged and a reprofiling of the riverbanks along a 1.5 kilometre stretch, to the shock and horror of local people. Investigations are still ongoing, so I will not go too far into this, but the country was alerted to this through local people using social media and through the local media outlets picking up this story. Of course, it was at local level that the knowledge arose, and perhaps at local level some action could have saved some biodiversity or nature there.

I was up in Kendal a few years ago in a village that was struck by flooding, and the vehicles driving along a particular road were pushing flood water into people’s homes. The local people were shaking with anger and frustration; if they had been allowed to close that road, they could have stopped those homes being flooded, but they were told they would face police action if they did so. That is the kind of emergency situation where we need to ensure that local people are able to act, whether it is a biodiversity emergency or a flooding emergency affecting people’s homes.

I really hope that we might see some progress on Amendments 90, 91 and 94. I also want to mention Amendment 92A, in the name of the noble Earl, Lord Caithness. The Nature Friendly Farming Network represents a really activist group of farmers; I have met quite a number of them. They are doing some very strong things at that nexus between acknowledging the need to produce food and looking out for nature. Here we have a very modest addition to the Bill that would acknowledge and put on the statute book recognition of, and support for, the important work of nature-friendly farming. I hope that we will hear from the Minister about that amendment.

Environment Bill

Earl of Caithness Excerpts

Report stage
Wednesday 8th September 2021 Lords Chamber

Moved by

[The Earl of Caithness]

18: After Clause 16, insert the following new Clause—
“Soil management strategy for EnglandSoil management strategy for England
(1) The Secretary of State must prepare a soil management strategy for England.(2) The soil management strategy for England must set out Her Majesty’s Government’s objectives, priorities and policies for the sustainable management of soil in England during the period to which the strategy relates.(3) That period must not be shorter than 10 years.(4) The soil management strategy for England must include—(a) a commitment to the long-term monitoring of soil quality and health,(b) a definitive open access map identifying the different soil types,(c) plans for the integration of soil management with environmental objectives such as climate mitigation, flood risk minimization and water quality measures and policies relating to food production, and(d) targets for achieving the sustainable management of soil on Grade 1 and Grade 2 agricultural land (and other soils where necessary).(5) The Secretary of State must publish—(a) an annual statement on progress against the soil management strategy for England, and(b) after a period of three years beginning on the day this Act is passed, a review of the effectiveness of the soil management strategy for England including any necessary revisions of the strategy.(6) Before the end of the period to which the soil management strategy for England relates, the Secretary of State must prepare a new strategy for a new period that must not be shorter than 10 years.”

[The Earl of Caithness (Con)]

My Lords, I beg to move Amendment 18. Some of your Lordships will remember a BBC radio comedy series called “Beyond Our Ken” in which there was a gardener, Arthur Fallowfield, played by the late Kenneth Williams. His stock reply to any question was, “The answer lies in the soil”. Arthur Fallowfield was more right than he could possibly have imagined, because the answer to many of our problems lies in the soil, as we discussed in Committee and on the first day of Report when we discussed the amendment on soil of the noble Baroness, Lady Bennett. That is why I have tabled Amendment 18, which asks the Government to prepare a

“soil management strategy for England”.

I am extremely grateful for the support of my noble friend Lord Randall of Uxbridge, the noble Lord, Lord Whitty, and the noble Baroness, Lady Boycott. That is cross-party support, and it is clear that such a strategy is needed.

I will be brief, as I said I would be on Monday, because I said most things then, but may I reiterate a couple of points? Why are there strategies for water and air when there is not a strategy for soil? My noble friend the Minister will be aware that in 2020 a survey showed that 16% of our arable soils were being lost through erosion at such a high rate that they are likely to become unproductive. Some 25% of biodiversity lives in the soil. My noble friend the Minister has stated on many occasions that he wants Britain to be a world leader. I give him the opportunity now with soil. By including this amendment in the Bill, we will become a world leader and we will be able to point to it when we come to COP.

My final point, as an ex-Treasury Minister, is on cost. It will not cost the Government anything to prepare a soil strategy. If it is prepared and implemented, it will actually save the Government money. It will improve our environment and farming, which will benefit us all.

[Baroness Boycott (CB)]

My Lords, I am very pleased to support the noble Earl, Lord Caithness, in this amendment. If anything needs a strategy, it is the soil. As was talked about on Monday night, the air, the water and the soil are the three pillars on which we exist, and I would say that the soil is the most important. It is a magical world that we know very little about. People can name the planets, but they cannot name a single thing that lives in the soil. Indeed, it is a whole complex world that lives on a different timescale and on a different planet, as it were, from us because it is all so tiny, but that does not make it any less complicated. As the noble Earl, Lord Caithness, said, 25% of our biodiversity lives in the soil.

As the noble Lord, Lord Deben, pointed out, soil is already degraded, and the five a day we have to eat is now probably four, because we have so weakened this magical substance. We also give it a very bad press. We talk about the dirt beneath our feet; every single laundry advert has someone coming back muddy, as though this is something that we do not like. We treat our soil—this extraordinary world—in the most amazing way, because twice a year, a plough goes through, which, if you can imagine it, is literally like your town, your house and your landscape being bombed to pieces. Despite that, our soil struggles on.

As I pointed out the other day about rivets in planes and when biodiversity starts to turn in the wrong direction, our soils are depleting. Various figures have been given, but most people in this House were nodding when it was said we have maybe 50 harvests left. That may be an exaggeration, but we cannot live on chemicals any more. The soil is also our most valuable means of storing carbon if we treat it right.

Soil is there to help us, to enable us to live on this planet and thrive. It seems to me that this needs a strategy. This is where government should come in. There are lots of people out there campaigning about water and clean air. The soil gets a seriously poor look-in, and if the Government are there to protect the most precious elements of our life, we need a soil strategy.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I thank all noble Lords for their contributions to this important debate regarding Amendment 18, tabled by my noble friend Lord Caithness. I thank him for his correspondence on this issue over the summer, for the discussions we have had and for his passionate speech earlier. I assure him that we of course remain committed to sustainably managed soils by 2030, as laid out in the 25-year environment plan and the action we are taking to get there. I will not repeat the case for soils, because we touched on that on Monday but also because we have heard some compelling speeches from the noble Baroness, Lady Boycott, the noble Lord, Lord Whitty, my noble friend Lord Caithness in introducing the amendment, and the noble Lord, Lord Khan, who made the critical point about the carbon values of soils.

I want to start by emphasising the actions I outlined in our debate on Monday which the Government are undertaking to improve soil health. We will produce a baseline assessment of soil health, which could inform a potential future long-term soils target. We are currently identifying soil health metrics to complement a future soil health monitoring scheme. The Path to Sustainable Farming: An Agricultural Transition Plan 2021 to 2024 sets out examples of the types of actions that we envisage paying for under the schemes, including soil management, such as the use of cover crops. I described in Monday’s debate the England Peat Action Plan, which we published in May. This sets out the Government’s long-term vision for the management, protection and restoration of our peatlands, which are crucial carbon stores, as well as—to respond to the noble Lord, Lord Grantchester—our commitment to end the use of peat in amateur horticulture by the end of this Parliament.

However, I would like to add to my remarks from Monday. The Government recognise both the strength of feeling expressed by many noble Peers from across the House and the critical importance of this issue. Soils matter of course in and of themselves, but they underpin, quite literally, the improvements that we will have to see right across the environment, as well as being critical for agriculture and, by extension, food security.

I am therefore pleased to announce that the Government will publish a soil health action plan for England. The plan will be a key plank in our efforts to halt the decline of species by 2030, as well as meeting our long-term legally binding targets on biodiversity. As we have heard from a number of noble Lords in this debate and in the debate on Monday, our soils are in a perilous position. The action plan will be crucial in driving progress across government to restore the health of our soils. We will set out further details of what the plan will contain by the end of this year.

I repeat my thanks to my noble friend Lord Caithness for having applied the pressure on this issue in the way that he did. To quote the noble Baroness, Lady Bennett, campaigning works from time to time. I hope that this new announcement and my comments in our earlier debate reassure my noble friend and others in the House. I beg him to withdraw his amendment.

[The Earl of Caithness (Con)]

My Lords, I am extremely grateful to all noble Lords who have spoken and given me support. It is always nice to have unanimous support when one moves an amendment, and on a subject such as soil it is also good to have at least three farmers supporting one. As the Minister said, the case for this amendment is very sound.

I need to answer the noble Lord, Lord Grantchester. The reason I included only grades 1 and 2 is that those are the two soils most likely to be ploughed. The noble Lord is absolutely right to say that grassland is equally important, but there is less erosion on grassland, particularly pasture grassland. Given the amount that Defra has to do, if it starts with grades 1 and 2, it can go on to grades 3 and 4 afterwards. However, I take the noble Lord’s point.

What the noble Lord said has been overridden by the Minister, and I am extremely grateful to the Minister for his commitment to introduce a soil action plan by the end of the year. I noted with care what my noble friend Lord Deben, my fellow ex-Minister, said on Amendment 11. He said that if it was not in the Act it would not get done. I am going to back my Minister and not my noble friend Lord Deben; I shall trust my Minister to introduce the soil action plan by the end of the year. I am sorry that it is not in the Bill, because being able to wave that bit of paper at COP 26 would be good. However, if he could write a letter confirming what he has done, or at least wave Hansard in front of people at COP 26, we might get a little bit more. I am extremely grateful to my noble friend on the Front Bench and to all noble Lords, and I beg leave to withdraw the amendment.

Amendment 18 withdrawn.

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[Lord Pannick (CB)]

My Lords, I share the view around the House that the noble Lord, Lord Krebs, and the noble Baroness, Lady Ritchie, have made a compelling case for their amendments on a fundamental issue. It would be of enormous assistance if the Minister when he comes to reply would identify which part of Amendment 24 he objects to. Is it really the Government’s case that the OEP should not have

“complete discretion in the carrying out of its functions”?

Is that the Government’s case? I would be surprised and very disappointed if it were. If the Government accept that the OEP should have complete discretion, surely a matter of this importance should be in the Bill.

[The Earl of Caithness (Con)]

My Lords, no Minister likes an authority such as the OEP, because the Minister is undoubtedly convinced that his policy is absolutely right. However, when one stops being a Minister and looks back, one realises the importance of bodies such as the OEP.

I think my concern was summed up beautifully by the noble Lord, Lord Krebs, when he said that this is the one thing we have to get right. We were promised a totally independent body, equivalent to that which operated when we were in the EU. I accept that the Government should not be fined for not doing the right thing, but the OEP not only is—but has to be seen to be—totally independent. The Bill as drafted at the moment does not cover that. I hope that my noble friend will not be intransigent and stand out against this amendment but will go back for one more go with the other people in the department and the Secretary of State, understanding the enormous support there is in this House for the amendment of the noble Lord, Lord Krebs. It would be so much better if the Government solved this problem rather than having a Division. My noble friend was very good to me on my amendment on soil and has made a promise; I hope that he will be able to do the same thing again.

[Baroness Parminter (LD)]

My Lords, I will not detain the House for long because the noble Lord, Lord Krebs, has made a compelling case for his amendment, to which I was very happy to add my name. I just want to add a reflection on the point which I think all of us feel very strongly about. There will sometimes be occasions when the OEP will have to take Ministers to task. There has to be not only a degree of separation between the OEP and the Government but also public confidence in that degree of separation.

I ask the Minister to reflect on the fact that the public will see what is happening in Scotland, where the body they are setting up has no such curtailment of its powers. Indeed, Environmental Standards Scotland has the powers to take the steps it considers appropriate to secure public authorities’ compliance with environmental law. The public need to see that there is independence between the Executive and this body. If they look to Scotland and see what is happening, that is another reason to support the case that the noble Lord, Lord Krebs, has made so compellingly. Therefore, I support him and the noble Baroness, Lady Ritchie. If they should be pushed to a vote, our Benches will support them.

Environment Bill

Earl of Caithness Excerpts

Monday 6th September 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I briefly offer my support for Amendment 7 in the name of the noble Baroness, Lady Jones of Whitchurch, to which I thought I had attached my name; it was an administrative failure on my part that I did not. I also support Amendment 9 in the name of the noble Baroness, Lady Young of Old Scone. Both amendments have strong cross-party support. It is a great pleasure to follow the noble Lord, Lord Krebs. Indeed, his questions about how the Government plan to define and measure biodiversity are questions that we canvassed extensively in Committee. I do not believe—I would be happy to be corrected if I am wrong—that we have received any answers to them. It is essential for the understanding of this Bill that those things are defined and set out because, as we discussed in Committee, there are many different aspects of diversity, from genetic variance within a population to the number and range of species, and indeed the range of their habitats.

I will comment briefly on Amendment 6. Like other noble Lords, I welcome it, in that one always has to welcome progress and acknowledge the huge amount of work done by campaigning NGOs and campaign groups to get us this far. There is, however, a thing called “shifting baseline syndrome”. In the brilliant State of Nature reports, which are issued regularly by our NGOs, the baseline is often the 1970s. To quote one figure, more than 40% of species have declined since the 1970s. However, based on the figure from 50 years earlier than that there has been a massive decline. If you go further back, it becomes evident that we live in an incredibly impoverished landscape. In the UK we have lost 133 species since the 1500s. These include obviously charismatic species like the lynx and wolf, but also the apple bumblebee, Mitten’s beardless moss and the common tree frog, which fails to live up to its name.

I was reading, in preparation for this debate, a book called An Environmental History of Wildlife in England, by Tom Williamson. It speaks of 17th century England teeming with wildlife. The polecat and pine marten were present in every county. The great bustard was still a common sight on open land. We should be aiming to restore those kinds of wild landscapes, at least in part, and stopping decline does absolutely nothing to get us to that destination. That is where the habitats amendment, Amendment 9, is really important.

I was once lucky enough to visit in France one of 234 sites that are called—I apologise for my French, which I am told I speak with a broad Australian accent— réserves biologiques intégrales. They started in 1953 and that are quite small pockets of land that have essentially just been left untouched. I was lucky enough to visit one of these sites, and what amazed me was a depth of lichen on the trunks of the trees that you could touch; you felt that your hand sank into it and it went on for ever. That is a depth of richness of wildlife that we are so far away from now but need to start to head back to.

I strongly commend Amendments 7 and 9 to the House, but particularly Amendment 7. This is where I am afraid I will disagree with the noble Lord, Lord Krebs, in that I do not think that halting decline is an ambitious target. It is holding us in a state of extreme poverty of nature. We have to do better.

[The Earl of Caithness (Con)]

My Lords, this has been a very interesting debate to listen to. I congratulate my noble friend the Minister on bringing forward his amendment. I made up my mind to speak when I listened to the speech of the noble Lord, Lord Krebs. He put his finger on something very important but then moved off it. Which species are we going to keep? Who is going to decide which species will be protected? One thing that is absolutely certain is that the law of unintended consequences will continue: human beings will get involved in one area that will help some species but will be to the detriment of others. So I hope that my noble friend will tell us how exactly this part of the Bill is going to work.

The noble Lord, Lord Krebs, said that success relies entirely on habitat, but, thank goodness, he changed his mind a little later and went on to say that it is part of a package. Habitat alone will not solve the problem and halt the decline of biodiversity. We need proper farming practices, we need habitats, we need winter feed and spring feed, which farming practices have all but eliminated on agricultural land, and we need predator control. It is a hugely complicated and difficult area. To give a simple example, many of us feed birds in our garden and think that we are doing a great job for nature. We are benefiting some birds; blue tits have certainly increased. But, as a result, a lot of other birds have not increased, because blue tits are quite territorial and quite vicious towards other birds. In this mix, we have some species increase but also some species decline.

To move to a perhaps more rural aspect, one could look at the work that the Game and Wildlife Conservation Trust has done with the Allerton Project. It has been trying for years to bring back waders, but unsuccessfully. If my noble friend says that we must bring back waders and even the Allerton Project cannot do so, how will this succeed and what will be the price?

My noble friend the Minister is, I know, terribly keen on white-tailed eagles. They are one of his specialities and he mentioned them in Committee, but they are vicious birds and not terribly good breeders. They are vicious in that, in parts of Scotland that I know, they have driven out the golden eagle. They fight golden eagles and kill hen harriers and peregrines. That is the nature of white-tailed eagles. They are lovely birds to look at, but if you get too many of them you will destroy a whole abundance of species that have been living happily on the moor for hundreds and thousands of years. As they are not terribly good breeders, man will have to intervene to make certain that the numbers were maintained by bringing in hand-reared chicks.

Whatever we do, we are upsetting the balance of nature. Can my noble friend explain how he and the department, and subsequent Ministers, are going to handle this? To me, this is crucial. I thoroughly approve of not only halting the decline but turning it round, but we must be cognisant of the fact that some species will be far worse off. Who will make that decision? Will it be transparent, so that we can all decide whether those are actually the species we want to see decline and the other species increase?

--- Later in debate ---

[Viscount Trenchard (Con)]

My Lords, there is an emerging consensus that plastics are worse for the environment than other substances used in single-use products. The plastics tax scheduled to be introduced next year will create an incentive for suppliers to shift away from plastics towards other substances, such as glass, aluminium and cardboard. However, this will not necessarily benefit the environment in all cases. I agree very much with what my noble friend Lord Blencathra just said about polystyrene, but the situation as far as plastic bottles are concerned is different. The carbon footprint released by the manufacture of glass and aluminium is around five times greater than that released by PET manufacturing. In other ways, too, PET has advantages over other substances for water and soft drinks bottles. Do we want a return to the days when there was a significant risk of cutting your foot on broken glass discarded on a beach?

Furthermore, there is growing public acceptance of a higher proportion of recycled material within bottles on the market today. Many brands of bottled water now supply bottles containing 50% recycled material. As far as plastic bottles are concerned, the answer is surely to introduce a deposit return scheme similar to that in operation in Germany, which should enable us to equal the German achievement of recycling 98% of plastic bottles compared with our record of around 68%.

Amendment 36 in the name of the noble Baroness, Lady Jones of Whitchurch, would introduce a plastic strategy for England. I think it should cover other materials besides plastics. It is also essential that discussions with the devolved authorities result in the adoption of a single coherent strategy for the United Kingdom as a whole. The Scottish deposit scheme, for example, requires producers to provide a great deal of detailed information, but, bizarrely, does not require labelling to state clearly whether a product can be recycled. This is very difficult for small brewers that sell through wholesalers that distribute products in England and Scotland.

I do not know whether the noble Baroness and her co-signatories recognise the conflict inherent in subsection (3) of their proposed new clause. Subsection (3)(a) seeks to achieve

“a reduction in single use plastics”.

This is surely incompatible with subsection (3)(b), because the shift to greater use of glass and aluminium will result in increased carbon emissions.

As far as bottles are concerned, if we can move to a culture of recycling based on an effective deposit return scheme, there are reasons to retain PET. We should not throw the baby out with the bath-water.

[The Earl of Caithness (Con)]

My Lords, my noble friend raises an important point: we must not condemn plastic out of hand if it is a better option than another. Regarding Amendment 36, which is the one that I like in this group, his concerns will be covered under proposed subsection (2), where the Secretary of State sets out his objectives. If the objective quite clearly states that plastic is the best material for a particular process and preferable to another for carbon, the strategy would take that into account.

[Baroness Neville-Rolfe (Con)]

My Lords, I rise mainly to speak to Amendment 8, though my observations are also relevant to the other proposals. I share the mover’s desire to reduce plastic use and plastic waste, especially given the damage they are doing to our rivers and oceans and the creatures they support. We have all seen the horrific pictures of fish throttled by plastic, and there is growing awareness of the growth of plastic use and its irresponsible disposal—but this amendment would not provide the best way to achieve the desired objectives.

The proposals are inappropriately interventionist and wasteful of administrative effort and political capital. They are also insufficiently radical, as they mainly focus on single-use plastic. Using a bag, a cup or a fork—or, indeed, a plastic car part—twice is only marginally better than using it only once. The question is whether the use of the resource is justified or whether the need could be satisfied in a way that did not use damaging plastic.