Environment Bill

Debate between Earl of Kinnoull and Lord De Mauley

2nd reading
Monday 7th June 2021 Lords Chamber

[Lord De Mauley (Con) [V]]

My Lords, only a few days ago, I was delighted to hear a speech given by my right honourable friend the Secretary of State for Environment, Food and Rural Affairs on restoring nature. In it, he lamented the failures of the past 50 years and promised a new approach, announcing plans for

“creative public policy thinking that can deliver results”

and moving

“the emphasis away from processes that simply moderated the pace of nature’s decline”.

Of particular note is this comment from my right honourable friend:

“In Natural England, we have exceptional technical expertise on habitats and our protected sites but this precious expertise is often distracted by highly prescriptive legal processes. I would like to get to a position where our talented staff in Natural England have fewer distractions and are able to prioritise the interventions that will make a big difference. I want them to have more freedom to exercise judgment rather than being stewards for a process.”


I was also fascinated to listen to the words of my noble friend Lord Ridley earlier. I propose to continue his theme. Biodiversity net gain is a particularly interesting concept to enable achievement of the Secretary of State’s ambition, as set out in a Written Ministerial Statement of 18 May,

“to deliver a regulatory framework that is fit for purpose in driving forward our domestic ambitions … We need a revised approach to deliver this new species abundance target and better support iconic and much-loved native species”.—[Official Report, Commons, 18/5/21; col. 45WS.]

I propose to focus my remarks on Clauses 92 to 94 and Schedule 14—the part dealing with biodiversity net gain, which I warmly welcome.

Noble Lords may be interested in a case study. As set out in the register of interests, I have an interest in a commercially operated lake in the Cotswold Water Park, as well as other land nearby. Land managers were notified on 7 January that an old 1994 SSSI of 135 hectares was being enlarged to 15 times its size to include all the Cotswold Water Park’s 177 lakes—a total of 2,074 hectares.

I have no doubt that all those managing land there agree that it is a special place for nature and are willing to work with Natural England to preserve and enhance nature and biodiversity. Indeed, for many years, many of us have welcomed the BTO’s volunteers, who have counted the birds there and contributed in many other ways. However, what is relevant to the provisions of the Bill on biodiversity net gain is that there is no doubt that active management will be needed to preserve and enhance the habitat.

Indeed, that is acknowledged by Natural England in its “views on management”, which accompanied the notification. For example, it says:

“For the more sensitive pioneer species suitable habitat conditions require regular management of the early successional stage … These habitats may require some active management … Exposed areas of bare ground on islands should be maintained to provide nesting sites”.


Those are just examples. Much more can and should be done if we are to improve matters for nature. These things will not happen on their own; they will cost money.

Habitat banks for the purposes of biodiversity net gain credits under the Bill offer much promise in that regard. However—I would be grateful if the Minister could check this and write to me—we are advised that Natural England, as a matter of policy, specifically denies land managers the ability to take advantage of the opportunities presented by biodiversity net gain and, I think, ELMS, in respect of land subject to an SSSI notification.

One can understand that, perhaps for pristine wilderness, that may be appropriate, but for a habitat created by human intervention and under active management to preserve its otherwise transient state, it does not sound very sensible. It rather sounds as if, on the one hand, Natural England is telling us that active management is necessary while, on the other hand, it is removing the very tool that the Government are even now fashioning to enable us to fund that necessary active management.

Rather shockingly, it transpires that of the lakes designated in 1994, every one is, in Natural England’s own assessment, at “unfavourable declining” status. However, the large areas of the Cotswold Water Park that had not until now been so designated are, again at Natural England’s own assessment, in favourable conservation condition. This is in spite of—or, it might be argued, because of—activities that have gone on for years, for which Natural England now insists its consent is obtained.

Unless there is a clear and coherent plan to overcome the historic failures, it is unreasonable to repeat the mistakes of the past on a much larger scale, especially when there are now better options available that provide for conservation and enhancement. I do not have time to talk about a number of other controversial matters about the process that has been followed by Natural England here. Suffice it to say, there are several, and they include serious legal errors.

The Bill contemplates innovative mechanisms for true, sustainable development, such as the opportunities emerging from biodiversity net gain as part of development and habitat banks for offsetting. In his speech, the Secretary of State said that if we are to

“reverse the downward trend we have seen in recent decades, we need to change our approach,”

and we need to change it right now.

I particularly welcome the biodiversity net gain provisions of the Environment Bill. I hope that sense will prevail and my right honourable friend’s ambition that Natural England has fewer distractions, is able to prioritise the interventions that will make a big difference and has more freedom to exercise judgment—rather than be a steward for a process—will come to pass.

[The Deputy Speaker (The Earl of Kinnoull) (CB)]

The noble Earl, Lord Kinnoull, has withdrawn, and I call the noble Lord, Lord Duncan of Springbank.

Ivory Bill

Debate between Earl of Kinnoull and Lord De Mauley

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 10th September 2018 Lords Chamber

[Lord De Mauley (Con)]

My Lords, many of the objects that will require registration under the Clause 10 requirements will be low in value. This will include old pianos offered for sale privately for £50 or small domestic objects such as mirrors with surrounds in mahogany inlaid with thin ivory strips selling for perhaps £30. As I previously indicated, there is no compelling reason for us to discourage the reuse of such antiques. If the registration fee is set too high, only the more valuable ivory items would be worth registering, and lower-value ones would end up being thrown away. Whether or not it is intended to charge the fee as a fixed percentage of the value of the item or a flat fee, I believe it is sensible to impose a cap. If nothing else, it will encourage efficiency in those who operate the database system. I beg to move.

[The Earl of Kinnoull (CB)]

My Lords, I shall be brief. I will speak to Amendment 31, which is purely a probing amendment. Following Second Reading, it struck me that the success of this Bill would very much depend on the take-up rate of the use of the register, so my amendment is aimed at trying to probe a bit of that. I noted that in the Bill, while plenty of powers are given to the Secretary of State to charge fees for registration, there is no duty alongside that, telling the authorities what they should be trying to do. My amendment is aimed at trying to put a bit of duty alongside the powers.

I notice that the success of curbing drink-driving in the UK has been very much driven by the fact that people in the country now expect people not to drink-drive. We need to ensure that nothing stands in the way of people developing a feeling that ivory has a special and difficult thing associated with it. Therefore, they should comply with this law enthusiastically, because it will help the problem that we have all been talking about. I do not think I can add any more.

Flood Reinsurance (Scheme and Scheme Administrator Designation) Regulations 2015

Debate between Earl of Kinnoull and Lord De Mauley

Tuesday 27th October 2015 Grand Committee

[The Earl of Kinnoull (CB)]

My Lords, I apologise for being a minute or so late for that very eloquent introduction. Before welcoming these statutory instruments, I declare my interests as set out in the register, in particular the fact that for several years I was head of the division within the Hiscox group which wrote United Kingdom household insurance and for some years the CEO of the reinsurance company at the centre of the Hiscox group, which wrote many reinsurances of the players in the United Kingdom household insurance market.

These regulations are an excellent example of co-operation between the Government and the industry. It is not the first example, of course. There was one in the early 1990s when, following the two dreadful explosions in the City of London which caused immense damage and in which lives were lost, Pool Re was formed. Pool Re has been a success for the UK insurance market and the UK insurance industry.

It is worth pausing for a moment to consider the UK insurance industry. I am afraid that it is not at the glamour end of the financial services of the City, but it is a very strong industry and in a leadership position in the world. The London and international insurance and reinsurance markets alone account for gross written premiums of around £60 billion a year. The industry employs about 50,000 highly specialist staff, and it is this expertise in insurance and reinsurance which has come together with the Government to structure what is today Flood Re. Will the Minister join me in saying that there is much to congratulate the UK insurance industry on, in its world leadership and its strong, centuries-old reputation for consistently paying valid claims?

Flood Re provides the availability and affordability of flood insurance for flood-prone homes. We have at Hiscox lots of computer systems which can cause artificial floods on a computer screen. You can see just how many homes in recent times have become flood-prone. This is due both to planning policy and to geographical and climate changes. Essentially, the bet has become too big to place with the private insurance market. There are many examples of catastrophe insurance around the world which have become too big for the private markets. Flood Re represents a singularly appealing way of getting around the problem.

As we have heard, the scheme is aimed at 500,000 out of the 25 million or so homes in Britain, so quite a large number of homes are involved in it. On review, I feel that it is simple, secure and sensible. Will the Minister confirm something slightly different in terms of the review process, which is that it is the intention of the Government, particularly in the early years, to review progress of Flood Re and, if necessary, tweak matters to optimise the scheme?

[Lord De Mauley (Con)]

My Lords, I am grateful to my noble friend the Minister for explaining the regulations. I welcome the fact that the Government are not only putting in place a system that addresses both the availability and affordability of flood insurance—the statement of principles did not do this—but delivering significant levels of investment in flood defences through their historic six-year capital settlement. They are therefore tackling the problem of flooding at both ends, providing homeowners and communities with greater certainty in the years to come.

Protecting people from the emotional and financial hardship caused by flood damage is extremely important. After years of negotiation and with Flood Re now established, we are moving towards making this a reality and protecting people from spiralling insurance premiums. The benefits will be targeted at lower-income households to promote affordability for those least able to pay. Excesses, which can often be in thousands of pounds, will be limited to £250.

The country is investing in flood protection at record levels, with an unprecedented six-year commitment of £2.3 billion following £3.2 billion of spending during the last Parliament. This will see 1,500 flood defence schemes constructed, improve protection for an additional 300,000 homes and reduce overall flood risk by 5%.

Although I have no doubt that the noble Baroness, Lady Jones, will have some questions, because that is her role, I am pleased that the large number of antagonists who faced me from all sorts of angles during the passage of the Bill are, as evidenced by their absence today, apparently satisfied.