Crown Estate Bill [HL]

Debate between Earl of Leicester and Lord Livermore

Committee stage
Tuesday 22nd October 2024 Lords Chamber

[Lord Livermore (Lab)]

My Lords, I am very grateful to all noble Lords for the points raised during this debate and for powerfully highlighting such important issues. I will respond to the amendments tabled by the noble Lords, Lord Forsyth and Lord Douglas-Miller—who was the Minister for Animal Health and Welfare in the previous Government—and the noble Earl, Lord Leicester, which all touch on environmental and animal welfare protections.

These amendments would require the Crown commissioners to assess, on an ongoing basis, the environmental impact and animal welfare standards of, respectively, salmon farms, offshore energy installation and generation and aquacultural practices on the Crown Estate. Where that assessment determines that a salmon farm, a relevant offshore energy installation and generation, or relevant aquaculture is causing environmental damage or has significant animal welfare issues, the Crown Estate would be required to revoke the relevant licence. The commissioners would also be required to make the same assessment of any applications for new licences for salmon farms or the installation and generation of offshore energy on the estate. Where the commissioners determine that an application may cause environmental damage or raises significant animal welfare concerns, the Crown Estate must refuse the application.

The Government wholeheartedly support the objectives behind these amendments. It might help noble Lords if I set out the protections that currently exist in regulations and legislation, which apply regardless of the landlord. All aquaculture activity in England, including salmon farming, is regulated with the intention of ensuring that it is carried out in a responsible manner that respects the environment and protects consumer health and animal welfare, although I appreciate from the powerful speech by the noble Lord, Lord Forsyth, that this intent is not currently being achieved. At present, virtually all salmon aquaculture in the UK takes place in Scotland. As has been observed, the management of the Crown Estate in Scotland is a devolved matter.

The Government’s starting point is that these amendments may duplicate existing protections that already exist in legislation or protections that are required by regulators as part of the licensing process for aquaculture and offshore energy installations. Specifically, the Animal Welfare Act 2006 makes it an offence to cause unnecessary suffering to any protected animal. The assimilated Council Regulation No. 1099/2009 on the protection of animals at the time of killing requires that farmed fish are spared avoidable pain, distress or suffering during their killing and related operations. The Aquatic Animal Health (England and Wales) Regulations 2009 contain provisions to protect farmed fish from serious disease by introducing a system of authorisation for businesses involved in aquaculture.

To address a point on environmental impacts made by the noble Earl, Lord Leicester, the Conservation of Habitats and Species Regulations 2017 require the competent authority—in this context, the Crown Estate —to determine whether a plan or project is likely to have a significant effect on a European marine site. If so, it is then subject to an appropriate assessment. If that assessment shows that the plan or project could have an adverse impact on the integrity of the site that cannot be mitigated, authorisation of the activity must be refused unless specific derogations apply. For marine areas that are designated as a marine conservation zone under the Marine and Coastal Access Act 2009, a marine conservation zone assessment is carried out by the public authority to test activities that may hinder the achievement of the conservation objectives of the specific zone and decide from the assessments whether the application for an activity can be authorised.

The Crown Estate seeks to supports the regulators through the inclusion of necessary requirements on any leases and requires all practitioners to comply fully with all legal obligations, including animal welfare practices. When developing or managing its assets, especially in areas such as offshore wind farms, coastal management and urban redevelopment, the Crown Estate must comply with regulations that require environmental impact assessments. An example of this happening in practice was in February 2017, when the Crown Estate launched an opportunity for existing wind farms to apply for project extensions. Following a habitats regulations assessment, the Crown Estate confirmed that seven of these extension application projects would progress to the award of development rights.

The Crown Estate also received an application for an extension project where the majority of the site of the proposed extension sat within the Inner Dowsing, Race Bank and North Ridge special area of conservation. The plan-level habitats regulations assessment determined that it would not be possible to rule out an adverse effect on the integrity of the special area of conservation. Therefore, the Crown Estate decided that this extension project would not progress to the award of leasing rights as part of the 2017 extensions round.

On the point raised by the noble Lord, Lord Teverson, about looking at impacts holistically, that is exactly what this Bill seeks, by enabling the Crown Estate to map the whole seabed and therefore improve the understanding of how to ensure benefits for nature for the long term.

I would be interested to know in due course whether noble Lords consider that these existing regulations and the legislation are inadequate or are currently being inadequately applied. I hope that, for now, the noble Lords, Lord Forsyth and Lord Douglas-Miller, and the noble Earl, Lord Leicester, feel able not to press their amendments.

[The Earl of Leicester (Con)]

Is the Minister able to address the issue of pollution from all these crew transfer boats? I mentioned 125 million litres of diesel every year. If we are to have many more wind farms out to sea, that amount of diesel may get very large. Can he comment on converting these boats to electric?

[Lord Livermore (Lab)]

I am afraid that is not something I know about, but I am happy to write to the noble Earl.