Taxation (Energy and Vehicles) Bill

Earl Russell Excerpts

2nd reading & Committee negatived & 3rd reading
Tuesday 14th July 2026 Lords Chamber

[Earl Russell (LD)]

My Lords, we on these Benches broadly support this Bill. It contains three sensible if modest measures responding to the real pressures households and business face because of the ongoing conflict in the Middle East, and we will not oppose them. Our wish is for the Government to do more to protect the public and the economy from the impacts of this continuing conflict, and to see that these measures are monitored, reviewed and reported on.

I note that the fragile ceasefire, which many had hoped would bring stability to the region, has now completely broken down again. We have now had three days of American attacks on Iran; Iran has struck numerous tankers in the strait; and Trump is now talking of imposing a toll on all ships exiting the strait. The cost of oil has shot up again overnight, so this conflict is far from over, and its consequences for the UK, in terms of energy prices, fuel costs and the cost of living, will continue to be felt for some considerable time. I seek reassurance from the Minister that today’s measures must not and will not be the limit of the Government’s ambitions. They are welcome but they are minor in scale.

This Bill does little to bring down the underlying cost of energy, particularly electricity, which remains stubbornly and unreasonably high. In brief, the Bill’s three measures are an increase in the electricity generator levy from 45% to 55%, targeted at exceptional returns when wholesale prices spike; an increase in the approved mileage allowance rate from 45p to 55p per mile for the first 10,000 miles, backdated to the start of this year; and a 12-month vehicle excise duty, or VED, holiday for most heavy goods vehicles renewing their licence between 1 July 2026 and 30 June 2027, reducing their liability to a nominal £1.

On the mileage rate, I echo the point made by my honourable friend the Member for St Albans in the other place that this increase is long overdue, and it will particularly benefit those who work in the care sector. What steps will the Government take to ensure that care workers are made aware of it?

On the vehicle excise duty, hauliers have understandably welcomed the relief, and we support it. Given that the conflict’s impacts represent ongoing costs beyond the 12 months, why did the Government not consider giving themselves the power in this legislation to extend the holiday for a further year without the need to bring back further primary legislation? What confidence do the Government have that this relief will be passed through to consumers rather than absorbed elsewhere in the supply chain? The public would rightly be concerned if haulage costs continued to rise. What monitoring is planned? And will this be reported at least by the Autumn Budget, or is there an option to do that sooner?

On the electricity generator levy, we have long argued for exactly this kind of decoupling of electricity prices from volatile gas prices that this increase is said to encourage, and we support that objective—although we do not feel that this measure alone is capable of doing that. Can the Minister assure the House that this levy increase will not undermine those ambitions?

The levy increase is in effect the stick to the carrot of longer-term contracts, and the interaction between these two policies is quite a complex matter. How will the Government keep the overall objective under further scrutiny? A higher rate is only a proxy for the real goal of moving legacy generators off spot price exposure and on to newer fixed-term contracts for difference.

I would be grateful if the Minister could set out how progress on the actual migration to CfDs will be monitored and reported. Without that information, it is quite difficult for Parliament to make a determination on how this wider policy objective has been achieved. More broadly, will the Minister confirm that, should the conflict continue, the Government will bring forward further measures as needed and keep both Houses updated?

We support this Bill, but it needs to sit alongside a much wider set of proposals that we believe are required—indeed, many across the House have strayed beyond the measures in the Bill into broader areas. My party has called for a three-month, extendable emergency transport package to keep Britain moving, an immediate 10p cut in fuel duty, a cap on bus fares at £1, a 10% cut in rail fares and a reduction in VAT on public electricity charging. We have also set out a permanent essential energy guarantee, giving every household a discount on its energy use, with vulnerable and larger households receiving more. And we continue to press for the wider structural reforms that would genuinely bring down bills for good, such as an energy security bank offering low-interest loans for home energy improvements and reversing cuts to insulation programmes so that we can halve energy bills within a decade.

Can we expect serious and detailed plans to come in the energy independence Bill to make sure that the cost of our energy is reduced—particularly the cost of electricity, which, as I know the noble Lord is aware, we need to bring down so that we can get people on to EVs and heat pumps? The cost of electricity remains too high, the crisis in the Middle East is not resolved, and much remains to be done. Should the crisis continue and deepen, we stand ready to co-operate with Ministers and government to protect our citizens and our economy from the worst of its impacts.

Climate Change: Housing Insurability, Mortgage Lending and Financial Resilience

Earl Russell Excerpts

Monday 13th July 2026 Lords Chamber

[Lord Livermore (Lab)]

With the greatest respect, I think it might be both. We have to adapt and take long-term action to get down to net zero, as the right reverend Prelate says. I agree on both points.

[Earl Russell (LD)]

My Lords, once we reach three degrees of warming, no one can take on the risks, so there will be no more insurance and:

“The financial sector as we know it ceases to function”.


Those are the conclusions of Günther Thallinger of Allianz, who warns that Governments will be unable to backstop the resulting losses. Given this stark warning, what discussions have taken place with the Prudential Regulation Authority on the systemic financial stability risks of climate-driven insurance withdrawal?

[Lord Livermore (Lab)]

I am grateful to the noble Earl for his support for many of the Government’s measures in this area. As he knows, the Financial Policy Committee is responsible for identifying, monitoring and taking action to remove or reduce systemic risks with a view to protecting and enhancing the resilience of the UK financial system. The Government’s remit to the committee makes clear that it should continue to regard the risks arising from climate change as relevant to its primary objective. The Bank of England’s December 2025 financial stability report set out the committee’s assessment of climate-related risk to UK financial stability, which is that it is low relative to other countries in the shorter term.

Middle East: Economic Update

Earl Russell Excerpts

Thursday 26th March 2026 Lords Chamber

[Lord Livermore (Lab)]

I am grateful to my noble friend for bringing this to the House’s attention. I absolutely agree with what he said and am happy to confirm the figure that he set out. As he knows and we all know, investment was a particular failure of the previous Government over the last 14 years. When we won the election, private sector investment was the lowest in the G7. Public sector investment was no better and was set to fall again, from 2.5% to 1.7% of GDP. We have increased capital investment by £120 billion over this Parliament, ruling out a return to the austerity of the past. As my noble friend said, that is incredibly important for increasing growth and productivity in the economy.

The OBR has estimated that the eventual growth impact of this increase in capital investment will add 1.4% to GDP. Cutting this now and returning to austerity would be the worst thing that we could do for growth and the very definition of short-termism, yet that is precisely what previous Chancellors with previous fiscal rules have done. In the years following the financial crisis, austerity took demand out of the economy when it was most needed, undermining investment in critical infrastructure, weakening productivity and choking off growth. We will not repeat the mistakes of the past.

[Earl Russell (LD)]

My Lords, the Climate Change Committee was clear last week that the cost of another oil price crisis would be greater than the cost of reaching net zero by 2050, so these Benches fully support the need to roll out renewables at a faster rate. However, we continue to have high energy bills and there is a need to decouple gas, so I ask the Minister what further action the Government are considering in this space, so that we can bring down energy bills.

The Minister spoke about the need to target support so that it reaches the most vulnerable. I briefly want to ask whether he agrees that there is a need for the Government to do a greater piece of work on data, so that they can identify those people who are in most need of support with energy bills.

[Lord Livermore (Lab)]

I am grateful to the noble Earl for his question and his consistent support for the action we are taking on renewables. He is absolutely right that it is important that the Government enable the country to take control of its own energy supply. As he says and I have said, we are continuing to invest in renewables by lifting the ban on onshore wind and running the biggest ever floating offshore wind auction last year.

On household energy bills, I have said that contingency planning is taking place for every eventuality. I agree with what he says about data, and of course that work is ongoing. It is very important that we keep costs down for everyone, while providing support for those who need it most and acting within our fiscal rules to keep inflation and interest rates as low as possible.

Economic Growth

Earl Russell Excerpts

Tuesday 16th September 2025 Lords Chamber

[Lord Livermore (Lab)]

My noble friend is absolutely correct to say that we need a different approach to the economy from the one we had over the past 14 years, and he will have seen how we are delivering on that. He will know that living standards are forecast to grow over four times faster than in the previous Parliament, and real wages have already grown by more in the first 10 months of this Government than in the first 10 years of the previous Conservative Government. He will know that, in answer to the question opposite, GDP per capita is forecast to rise by 5.6% over this Parliament. Under the last Labour Government, productivity growth was the second fastest in the G7. Under the Tories, it fell to the second slowest in the G7.

[Earl Russell (LD)]

My Lords, does the Minister agree with the new chair of the Climate Change Committee, who warned today that any weakening or changing of our environmental policies would spook the markets and undermine growth?

[Lord Livermore (Lab)]

The noble Lord referred to “our” policies. I am pleased that he agrees with our policies. Absolutely, we are committed to delivering net zero in the way that we have set out.

UK Infrastructure: 10-year Strategy

Earl Russell Excerpts

Tuesday 24th June 2025 Lords Chamber

[Lord Livermore (Lab)]

I am grateful to the noble Lord for the positive things that he said. I pay tribute to him and to Make UK for the work that they do. Clearly, the skills conversation that we just had is vital in that sector. Make UK always makes the point to me about the vital importance of engineering skills, so I hope that that is welcome.

The noble Lord did indeed do his review into foreign direct investment. I hope he does not think that it was just for the previous Government; we still talk about it now in this Government. A lot of the recommendations that he made in that review are things that we have been trying to take forward in this Government. That is a good example of the cross-party working that we have been discussing today.

The noble Lord is right that the industrial strategy will be taken forward by the industrial strategy council; that will be put on a permanent footing, which I think is important. His question is about the equivalent for this strategy. That is the National Infrastructure and Service Transformation Authority—NISTA—which I was talking about. It will monitor the strategy and help the Government to implement it. It will do two-year refreshes of this strategy to make sure that it is up to date and doing what it needs to do. Crucially, it will provide real-terms advice to Ministers when it comes to individual projects to make sure that we have the expertise that we need at our fingertips to be able to implement them.

[Earl Russell (LD)]

My Lords, we on these Benches very much welcome this report. Of course, after decades of underinvestment, it is essential to ensure that our country can operate appropriately.

I will ask the Minister about infrastructure and adaption and resilience to climate change. Our climate is changing before our very eyes. In a number of places in this report there are vague promises to do things, not firm commitments. To pick up one example, although we welcome the £7.9 billion of capital for a new 10-year flood investment programme, the report says that the Government will merely “explore” setting a long-term, multiyear target for flood risk management in line with prior recommendations made by the NAO and the NIC. Will the Government go further on these things, recognise the speed at which climate change is happening, and put more effort into ensuring that we have the best policies in place?

[Lord Livermore (Lab)]

I agree with the noble Earl on the importance of investment in net zero and measures to tackle climate change. From a growth perspective, it is not one or the other for those investments; they go hand in hand.

I do not quite agree with the noble Earl’s view on the vagueness of these commitments. We are putting real money behind real projects: £14.2 billion into nuclear; £9.4 billion into carbon capture and storage; £80 million of investment in ports to support floating offshore wind; and £13.2 billion for the warm homes plan. This is a huge amount of investment into real concrete action to move us forward. We were talking before about getting people on to public transport—for example, in relation to take-up of EVs. Action is going on across the board on the measures that he talked about. I am grateful to him for his support on that.

Carbon Border Taxes

Earl Russell Excerpts

Wednesday 12th March 2025 Lords Chamber

[Lord Livermore (Lab)]

I am grateful to the noble Lord for his question. However, the answer is no, I do not agree with him. Reducing the UK’s carbon emissions is necessary to meet our emissions targets, and the emissions trading scheme and the carbon border adjustment mechanism are necessary tools to do that. Our approach is very similar to that of the EU. As the noble Lord said in his Question, we are doing exactly what the EU is doing—in fact, I think it has followed us, rather than the other way around, so our approaches are extremely similar. The US Administration have made no public comment on the UK CBAM, and I am not going to speculate on a hypothetical.

[Earl Russell (LD)]

My Lords, does the Minister agree that the UK and the EU running separate carbon markets only adds regulatory burdens and damages our energy transition and national industries? Is it time to work with our EU partners and look at relinking carbon markets to help to make our industries more competitive and drive down our energy bills?

[Lord Livermore (Lab)]

I absolutely agree with the noble Earl that alignment is helpful to UK competitiveness. We recognise that alignment with existing regimes can reduce administration burdens, so we will align where appropriate and we will follow developments on the EU CBAM very closely. We also continue to explore all options to improve trade and investment with the EU, which includes the UK and EU giving serious consideration to linking our emissions trading schemes.

Crown Estate Bill [HL]

Earl Russell Excerpts

Consideration of Commons amendments and / or reasons
Tuesday 4th March 2025 Lords Chamber

[Lord Bellingham (Con)]

My Lords, I have a quick question on this. I very much agree with what the noble Lord, Lord Forsyth, said. He pursued this amendment with great vigour, and we have some form of concession from the Government. Is there going to be a reporting back mechanism in place? How do we review it in maybe two or three years?

[Earl Russell (LD)]

My Lords, we always supported the amendment on the territorial seabed when it was tabled by the noble Baroness, Lady Vere, on Report. We did not feel that it was particularly likely to happen but, in a belt-and-braces approach, as the Crown Estate gets more powers to invest in offshore wind and develops, we always felt that it was sensible to have this measure in the Bill. The Minister in this place was clear that the amendment would probably need more time and consideration, particularly with the complexities of the law surrounding these matters. I thank the Minister that giving it more time has resulted in an amendment in the other place. We welcome that amendment and think that it is useful, as it provides security to our undersea assets.

We now have a situation in which the Crown Estate is unable to sell land without ministerial approval, but can the Minister confirm that we do not have a situation in which the Crown Estate could, for instance, do an indefinite lease that would not need ministerial approval? These are important matters. I do not think that is the situation, but I would be pleased if I could clarify that with the Minister.

Turning to Amendments 2 and 2A, I thank the noble Lord, Lord Forsyth, for raising these issues. We support him wholeheartedly on the need to protect wild salmon. These are important issues to raise. Our issue with the amendment was not what he sought to do—it was the vehicle of using this Bill, which was an inappropriate method for doing it. These are devolved matters, and there is only one salmon farm under the control of the Crown Estate. I wish him luck in continuing to fight for wild salmon.

It is good that the Government have listened and responded, and we welcome the two elements of that response. Adding standards and making sure that they are upheld and reported on is important. It is also important that those standards are written into the framework agreement—so we welcome that, and we think that it is a useful and constructive result of the dialogue that has taken place in this House.

On Amendment 3, I thank the Minister for his explanation. It may be just because I am the new boy here but I was very confused by it, and I am pleased with the explanation. Before I sit down, I also thank him for having listened to the House on the importance of pre-appointment scrutiny. The fact that the Minister has taken that away and it is being enacted is welcomed on these Benches and, I am sure, across the House. I thank the Minister and his Bill team for how they have conducted the business.

Crown Estate Bill [HL]

Earl Russell Excerpts

3rd reading
Monday 18th November 2024 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I intervene briefly to congratulate my noble friend on getting this Bill as far as he has. I was very pleased to see that His Majesty the King has given consent to a Bill which will make him many times richer over the course of the next decade or so—that is good. I ask why the Duke of Cornwall has not been included in this. We have been debating his involvement for some time and it would be good to know whether the Duchy approved this Bill or not.

[Earl Russell (LD)]

My Lords, I briefly thank the Minister and all his Bill team, and Members of the House who have taken part in the debates on this Bill and contributed to many worthwhile and positive changes to the draft legislation. From these Benches, I reiterate that we support this partnership with the Crown Estate and believe it is important as part of our energy transition.

My sincere belief is that the Bill leaves us in a stronger and better place than when it arrived. We have all worked constructively to make important amendments. I thank the Minister for his courteous engagement and positive response to the issues that noble Lords have raised with him.

The publication of the business case, largely thanks to my noble friend Lady Kramer, has meant that the memorandum of understanding has given confidence and a better understanding of the partnership with GB Energy and how it will operate in practice. That was a key element in the House’s understanding.

The Minister has spoken from the Dispatch Box on the cap on the level of borrowing. That was most welcome as there is no cap in the Bill.

I thank all those who raised the important issue of devolution of the Welsh Crown Estate. A compromise agreement from the noble Lord, Lord Hain, ensured that there were concessions and that all the commissions from the devolved regions have a place.

I congratulate the noble Baroness, Lady Hayman, and the Minister on working together to agree an environmental duty. I also thank the Minister for adding a duty to report on the relationship with Great British Energy. Taken together, it is extremely important that these duties are written into the Bill and included in the framework agreement, and that the Crown Estate needs to report on them. These are not constraints but real responsibilities for the Crown Estate, which will need to meet them. They are safeguards that will exist for evermore.

It was a pleasure to move the amendment tabled by the noble Baroness, Lady Young, which might perhaps be taken up in the Commons. I thank the noble Baroness, Lady Vere, for her amendments. I am disappointed that her amendment on pre-appointment scrutiny for the chair of the Crown Estate board has not come back today, but that too may be taken up in the Commons.

[Lord Wigley (PC)]

My Lords, I thank the Minister for having made a bit of progress with regard to Wales in the Bill. Having the nominated person is a step in the right direction. It does not deliver everything that we and the noble Lord, Lord Hain, were pressing for, but I hope we will return to this. I have coming up for Second Reading a Private Member’s Bill on the devolution of the Crown Estate to Wales, as Scotland benefits from, but I thank the Minister for a small step in the right direction.

Crown Estate Bill [HL]

Earl Russell Excerpts

Report stage
Tuesday 5th November 2024 Lords Chamber

[Lord Lansley (Con)]

My Lords, I agree with my noble friend on the Front Bench about the desirability of there being some form of prior parliamentary scrutiny over the appointment of a chair of the Crown Estate. My entry in the register of interests shows that I am chair of the Cambridgeshire Development Forum, of which the Crown Estate is a member. Sir Robin Budenberg has done a very good job but is retiring, so a question will rapidly arise. As we consider the Bill and think that it has been 63 years since the Crown Estate Act 1961, there is a good case for the public interest to be examined through that scrutiny when somebody is appointed whose principal purpose will probably be to represent the public interest in relation to the continuing functions of the Crown Estate.

However, I do not agree with my noble friend about Amendment 14. It probes the question—I hope the Minister will see it in that light—of how the disposal of assets by the Crown Estate is properly scrutinised. Noble Lords will recall that in Committee I referred to the duties of the Crown Estate commissioners under the 1961 Act, which the Minister just referred to. I also referred to their duty under Section 3 of that Act not to dispose of assets other than on

“best consideration in money or money’s worth”.

Given that we are trying to maintain the Crown Estate’s commercial operations, with prudential limits in relation to those assets, the duties in the 1961 Act should suffice.

I hope my noble friend will not press Amendment 14. Given the role of the Crown Estate as a major developer of potentially significant interest in the science parks to the north of Cambridge, for example, its disposals as a major developer may easily and rapidly reach £10 million in the course of a year. The bureaucracy and intervention that would be required thereafter by this amendment would be unreasonable, and I do not want us to impose those kinds of onerous obligations on the Crown Estate commissioners. If they fail to meet their duties, we can see that there are means by which the Treasury can intervene in order to establish that those duties are being met.

[Earl Russell (LD)]

My Lords, I rise briefly to speak to Amendment 2 in the name of the noble Baroness, Lady Vere of Norbiton. This simple amendment seeks that the chair of the Crown Estate commissioners be appointed by the Treasury Select Committee. On these Benches, this seems like a reasonably sensible idea. This is an important appointment and should have an adequate level of pre-appointment scrutiny.

I welcome the letter from the noble Lord, Lord Livermore, sent yesterday, pointing out the established process for the Cabinet Office and that this could be added to the pre-appointment scrutiny list. To our minds, that is a very sensible answer and a way forward. It is a way of resolving this issue. My only real question in relation to this is that the Minister says this will be done in “due course”. Can he give us a clearer idea of what he means by that? What is the timeframe?

Further to that, in relation to the amendment from the noble Lord, Lord Hain, calling for commissioners from individual countries to be appointed to the Crown Estate, I ask the Minister: will those appointments also be subject to this type of pre-appointment scrutiny?

I turn now to Amendment 14, also in the name of the noble Baroness, Lady Vere. It seeks to require the approval of His Majesty’s Treasury for the disposal of assets over £10 million, and the commissioners to inform the Treasury if assets over a value of £10 million are disposed of in a single year, then requiring the Treasury to approve of the disposal of those assets and to report that to Parliament within 28 days.

Again, the noble Lord, Lord Livermore, responded to this in his letter to all Peers yesterday, and we welcome that response. The Minister pointed out that this was a complicated matter, and that he would bring forward an amendment to address this concern. His engagement with that is welcome. This is an important issue—assets should not be disposed of by the Crown Estate without ministerial approval—but I seek further clarification from the Minister. When he says that this will be brought forward, will it be before Third Reading in this House? If it is not possible to bring that clarification forward before Third Reading, can the Minister give an undertaking that it will happen before Report in the other place?

On this amendment, our preference is that a compromise way forward is agreed. In fact, both amendments are matters that should be resolved without resorting to testing the opinion of the House.

[Lord Livermore (Lab)]

My Lords, I thank all noble Lords for their contributions to this debate. First, I would like to address the points raised by the noble Lord, Lord Young of Cookham. I thank him very much for his engagement on this issue since Committee. I am also extremely grateful to him for raising the issues around the law relating to ownerless land and the process of escheat. It is a legally complex area and long overdue for reform. As a result of his intervention, Treasury officials are now engaging with the Law Commission on options for longer-term reform.

On the specific issues raised by the noble Lord, I am grateful to him for meeting with me, Treasury officials and the Crown Estate after Committee to discuss his specific concerns in detail. At the meeting we gained useful clarity that in cases of escheat the Crown Estate follows the valuation formula set out in the Leasehold Reform, Housing and Urban Development Act 1993, as he said.

As the noble Lord requested in Committee, I have agreed to update the framework document that governs the relationship between the Treasury and the Crown Estate to make this clear. The addition in paragraph 7.2 will set out that the commissioners have a responsibility to ensure that all public undertakings given on the Crown Estate’s behalf by Ministers in Parliament are met. I have raised the noble Lord’s suggestion about the specific accounting change with the Crown Estate and will follow up in due course.

Amendment 2, tabled by the noble Baroness, Lady Vere, would require scrutiny by the Treasury Select Committee, or any successor committee, of future chair appointments before the appointment can be made. She spoke persuasively on this in Committee, and I agree with many of the points she raised. For this reason, I am happy to confirm that the Treasury will work with the Cabinet Office to add the role of chair to the official pre-appointment scrutiny list. This will be in accordance with the already-established process by which significant roles, such as this, are added to the Cabinet Office’s pre-appointment scrutiny list. As I have set out, I will be very happy to update noble Lords in due course. The noble Earl, Lord Russell, asked when that will be. I will come back as soon as I have relevant information. We are already working with the Cabinet Office, and I do not envisage there being a significant delay.

--- Later in debate ---

[The Earl of Kinnoull (CB)]

My Lords, I will speak to Amendment 5, which stands in my name. I thank the Minister and his Bill team for their time in what is always the busiest period of the Treasury’s life. He was happy to give time, and I am very grateful for that and for the sensible discussion that we had.

The amendment is designed to be the gentle pencil in the back, as I put it in Committee, in order that the Crown Estate Scotland be afforded the same freedoms and flexibilities that the Crown Estate will have following the passage of the Bill. I described in Committee how the Crown Estate Scotland had advised me that the Scottish Government were keen that it has those. I know that the UK Government are keen that it does so, as is the Crown Estate itself.

There are many opportunities for collaboration, particularly for energy projects in the North Sea at the moment, but there will be other opportunities as well for aquaculture. There is the ability to copy the good and avoid the bad, given that a number of copycat transactions might be done using Crown Estate property going forward. This is of course in all our interests, because ultimately this is very much part of the net-zero agenda, and the more the two Crown Estates can be aligned the better it will be for everybody in the long term.

The amendment is, as I said, a gentle pencil, designed to ensure that the UK entities do not down tools following the passage of this Act but carry on enthusiastically to ensure that Crown Estate Scotland benefits from the same freedoms and flexibilities. I therefore ask my only question of the Minister: does he share this aim of ensuring that those freedoms and flexibilities are afforded, and does he feel that this amendment is a proportionate way of going about it?

[Earl Russell (LD)]

My Lords, I rise to speak briefly to all the amendments in this group, all of which relate to reporting.

Beginning with government Amendment 3, I am grateful to the Minister for this important concession and welcome his listening to the concerns expressed across the House and his open engagement and willingness to look again at this issue. If he will forgive my saying so, we have come quite a long way since Second Reading, when the Government’s response was that the partnership with Great British Energy was not really a key part of the Crown Estate Bill. We support the clean energy mission—this is so important not only for our net-zero goals but in providing for our own energy security. Great British Energy promises to unlock £60 billion of private investment, and the Government themselves have committed £8.3 billion over the course of this Parliament. We have the third-best wind resources in the world, and we should be making best use of them to bring down the cost to bill payers and ensure that we have security of our own supply.

By 2030 this will, I hope, have led to the generation of enough electricity for the equivalent of 20 million homes. Everyone across the House has broadly welcomed this, but collectively we have wanted broader and greater scrutiny of the Crown Estate and the work it does. It is a long time since the 1961 Act came in, and simply updating the borrowing powers without updating any other measurements did not feel like the complete picture for providing that security going forward. We have campaigned for greater transparency and the Government have listened. I am grateful to them and welcome this.

We are happy to support Amendment 5, tabled by the noble Earl, Lord Kinnoull, but with one small caveat. It is very important that Crown Estate Scotland goes along with the energy transition and is fully invested. The noble Earl’s amendment is carefully worded, simply calling for a report to be laid before Parliament. Devolution is an important issue for us on these Benches: it is not for this Parliament to be telling devolved Parliaments what they should do or how they should act, although we recognise that the noble Earl’s amendment does not do that.

Equally, as I said, we support the amendment and would like to see progress made on this issue, just as we would like to see Scotland fully engaged with the Great British Energy partnership and contributing to our green energy. As the noble Earl said, the amendment is a pencil in the back. I have written down “a gentle nudge”, and they are probably similar things. We welcome the amendment, which puts down a marker to the Minister and the Government to continue their negotiations and conversations with their equivalents in the Scottish Assembly, the Scottish Government and Crown Estate Scotland so that progress can be made.

Finally, my Amendment 8 was tabled as a compromise, from my point of view. There has been a feeling around the House that we need greater scrutiny, and noble Lords have raised numerous issues that they feel should be subject to such scrutiny. The Minister responded by saying that under the original 1961 Act, too many legal powers were constraining the Crown Estate’s ability to act freely in the interests of the state. He consistently argued throughout the various stages of this Bill that he did not want to reimpose those conditions on the Crown Estate’s ability to operate. The idea behind my amendment is that, simply by putting chapter headings in the Crown Estate’s annual report, which goes before Parliament, there would be greater opportunity for the issues that have been raised collectively in this House to be scrutinised in Parliament, so that, in exchange for giving the Crown Estate greater borrowing powers and a greater role, there would also be greater scrutiny.

I have aimed to cover a lot of the issues that have been raised across your Lordships’ House. It is quite a simple amendment that simply asks for these topics to be covered. However, I doubt whether the Minister will respond positively to it.

--- Later in debate ---

[Earl Peel (CB)]

My Lords, I welcome the amendment from the noble Lord, Lord Forsyth. For those of us who have followed these issues over the years, there is no doubt that the impact of no environmental assessments being undertaken on these salmon farms has been a devastating effect on wild salmon stocks. It is about time that we had a system in place where proper assessments were undertaken, so I thoroughly welcome this amendment.

I have a question for the noble Lord, Lord Forsyth. How does he think the assessment would be undertaken? Would it be done by the Crown Estate itself or undertaken by an independent assessor? I would be much happier if it was independent rather than being done in-house, but perhaps the noble Lord can enlighten us on how he feels that might develop.

[Earl Russell (LD)]

My Lords, I rise to speak briefly to this amendment, and I might have a slightly different take on it. To start with, the amendment requires the Crown Estate to assess the environmental impact and animal welfare standards of salmon farms on the Crown Estate. I thank the noble Lord, Lord Forsyth, for raising this issue and for the interest he has sparked in it across the House. His partnership with the noble Baroness, Lady Jones, is an unexpected one.

The noble Lord, in his personal conversations with me, as he has had with others, has spoken about his personal journey on these issues. He has gone from a time when he was in government and supported these farms to a time now when he recognises the damage that they do. I do not disagree with him at all on that. There is a real need to protect animals; there is a real need for animal welfare; there is a real need to look at the associated pollution and at the escape of farmed salmon and the impact on natural salmon that happens as a result of these farms. As far as all that goes, I have no problem with this amendment.

However, the issue here is that the Crown Estate is devolved in Scotland, so I have had to turn to the philosopher George Berkeley to try to analyse this amendment. He came up with the question: if a tree falls in the forest but nobody hears it, does it make a sound? My response to the noble Lord, Lord Forsyth, is: if his amendment protects no salmon, is it helping the salmon? There are literally no salmon farms in England. I have an assurance from the Minister personally that there is no intention from the Crown Estate to start producing salmon farms in English waters. In fact, I do not think those waters are able to support salmon. I do not think that is happening. I listened to the point made by the noble Earl, Lord Kinnoull, that we are legislating for the longer term—that is an issue —but, again, I see absolutely no plans for this to happen.

This matter is devolved. My strong suggestion to everybody in favour of stronger protection for salmon and the environment is to raise these matters with the Scottish Parliament, which is responsible for these matters. Noble Lords can put this in the Bill, but it will be overturned in the Commons. If not, it will have no impact on any salmon. I fail to see the point of this amendment.

On these Benches we are not able to support this amendment, not because we do not support animal welfare but because this simply does not impact any fish. There is no point in making bad, pointless legislation; that just makes us all look foolish. It does not do anything to increase animal welfare standards if the standards do not apply to any animals. It is pointless.

[Lord Roborough (Con)]

My Lords, I declare my interests in the register as an owner of fishing rights and president of South West Rivers Association. I will also speak briefly, as the arguments have been well made by many noble Lords.

We have heard from noble Lords around the House that this is an important amendment that strikes at the heart of our care for the environment and animal welfare. It imposes reasonable obligations on the Crown Estate to take responsibility for environmental damage caused by salmon farming on its property, and for the welfare of the fish being farmed. As I understand it, there is only one salmon farm in our waters, off the coast of Northern Ireland, although there are 210 in Scottish waters. But this amendment will ensure that any future salmon farms are developed with those obligations in place.

In Committee, the Minister highlighted existing legislation and regulations that cover the salmon farming industry. However, given that the wild Atlantic salmon in our country is now on the IUCN red list, and given the sometimes dire conditions that farmed salmon are kept in, it is hardly surprising that my noble friend Lord Forsyth of Drumlean continues to press this amendment. We are disappointed that the Government have so far failed to see its merits, and we hope for a more constructive reaction from the Minister today. We on these Benches will support my noble friend if he decides to test the opinion of the House.

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[Earl Russell (LD)]

There are no somersaults here. My previous amendment did not relate to devolution. I return the question: does the noble Lord admit that his amendment applies only to one salmon farm? Does he recognise that that is not a good way to make legislation? I fully support what he is trying to do, and am not doing somersaults to protect the Government, but the issue needs to be resolved with Scotland. This is not an English issue but a Scottish one. On these Benches, we believe strongly in devolution. The amendment sounds good but it does little, and that does damage to us as lawmakers, to the standing of this House and to devolution. It does nothing to protect any fish.

[Lord Forsyth of Drumlean (Con)]

I am grateful to the noble Earl. He may be disadvantaged, compared with others in this debate, because he is not—I do not think—a salmon fisherman. If he were, he would know that English salmon go through the Crown Estate waters up into Scottish waters, where there are salmon farms. Therefore, this amendment does impact on English salmon. There may be only one salmon farm, but if he was concerned about preserving salmon which occupy the rivers in England, he would be much more enthusiastic about this amendment than he appears to be. My noble friend Lord Douglas-Miller, who was chairman of the Atlantic Salmon Trust, has done wonderful work on this, so I am afraid that the noble Earl will not get away with the idea that, because there is only one salmon farm in English waters, a duty on the Crown Estate commissioners to consider the environmental impact has no impact on salmon south of the border.

I will repeat a point made earlier in the debate. In response to the amendment of the noble Earl, Lord Kinnoull, with enthusiastic support from the Front Bench, we agreed that there should be an exchange of views between the commissioners and that they should learn from each other. We have also heard from the Minister how the Scottish Government are utterly complacent about this. We have seen the results of that and the near extinction of this noble fish, the salmon.

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Moved by

[Earl Russell]

7: After Clause 2, insert the following new Clause—
“Climate change and nature duty of Crown Estate CommissionersIn the Crown Estate Act 1961, after section 1 insert—“1A Duty of the Commissioners to contribute to climate change and nature targets(1) In complying with the general duty under section 1(3) and in exercising their functions the Commissioners must take all reasonable steps to contribute to—(a) the achievement of targets set under Part 1 of the Climate Change Act 2008,(b) the achievement of biodiversity targets set under sections 1 to 3 of the Environment Act 2021, and(c) adapting to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008.(2) In carrying out the duty set under subsection (1), the Crown Estate Commissioners must include conditions in all seabed leases that require the leaseholder to contribute to the conservation and overall enhancement of the natural environment.””Member’s explanatory statement
This amendment would give the Crown Estate a new climate change and nature duty requiring it to take all reasonable steps to contribute to the achievement of the Climate Change Act 2008 and Environment Act 2021 targets in exercising its functions. The duty requires the inclusion of nature conservation measures in all seabed licences granted by the Crown Estate.

[Earl Russell (LD)]

My Lords, I rise to move Amendment 7 on behalf of the noble Baroness, Lady Young of Old Scone, who is not able to attend the House today. This amendment mirrors that laid in Committee by the noble Baroness, Lady Hayman, and supported by the noble Baroness, Lady Young, my noble friend Lord Teverson and the noble Lord, Lord Young of Cookham. It would lay a duty on the Crown Estate to contribute to the Government’s climate change and nature targets as laid out in the Climate Change Act and the Environment Act.

The Crown Estate’s role in enabling these targets to be met is significant. The Crown Estate is the third-largest landowner in the United Kingdom; in particular, it owns significant land in coastal areas and on the seabed, which is important for the big growth in renewable energy that is required and for the recovery of our biodiversity. The deal with Great British Energy means a major uplift in the Crown Estate’s contribution to net zero. The Crown Estate is also a major developer and can contribute to zero-carbon homes and construction, sustainable procurement, and the circular economy.

Since Committee, the noble Baroness, Lady Hayman, has been involved in discussions with the Minister and the Treasury, and Amendment 10 in her name and that of the noble Lord, Lord Livermore, is the result. This requires commissioners to keep under review the impact of their activities on the achievement of sustainable development in the UK. I understand that the Minister will also commit to an addition to the framework agreement between the Treasury and the Crown Estate which would mean that the Crown Estate would have to have regard for the impact of its activities on the environment, society and economy and will include them in considering relevant legislation in the Climate Change Act and the Environment Act. I thank the noble Baroness, Lady Hayman, and the Minister for their negotiations on this occasion.

However, I am concerned that it does not go far enough. While I recognise that the primary purpose of the Crown Estate is to maximise financial contributions to the Treasury from the estate and to do this in a socially and environmentally responsible way, I am concerned on two accounts.

First, as the Crown Estate ramps up its development activities in renewable energy and a range of other activities, the possibility of conflicts between its economic objectives and its environmental responsibilities will become more acute, and the risk is that the primary economic objective will take priority. That might be good for renewable energy, but it could be a very bad for biodiversity. To “have regard” is a particularly weak requirement. Putting in the Bill a clear objective to help meet the legally binding climate change and biodiversity targets alongside the Crown Estate’s economic objective would mean that solutions would be brought that combine the benefits on all these objectives.

Secondly, the status of the framework agreement is not wholly clear. It is negotiated periodically between the Crown Estate and the Treasury. Revisions to it could be subject to negotiation without Parliament being any the wiser. What if the Crown Estate decided that it was going to downplay the guidance on the legally binding targets? Over the 60 years since the power of direction over the Crown Estate was brought into existence in 1961, the Treasury has yet to insist on any provisions of the framework agreement. As a last resort, Ministers have the power of direction over the Crown Estate, but the legal advice is that it can be exercised only in a way that is consistent with the statutory duty under the Act, hence the need for the objectives on targets to be on the face of the Bill. Can the Minister tell the House how much welly the framework agreement has in law and what action the Treasury could take if the Crown Estate did not come up to the mark on the climate and environment targets?

I do not want to repeat the arguments made by noble Lords, including the noble Baronesses, Lady Young of Old Scone and Lady Hayman, in Committee. I will, however, remind the House that the Minister laid considerable stress throughout Committee, in his response to several amendments, on the need for the primary purpose of the Crown Estate to be the effective economic management of the estate. I point out to the House that a nearly identical duty to the one proposed in this amendment, requiring contributions to the legally binding biodiversity targets, was applied to NHS trusts throughout the Health and Care Act 2022 by the previous Administration, with the support of the Labour Party. It is questionable why the environmental considerations in the Bill, which were previously supported for the NHS, are not now considered appropriate for a public body with probably more natural habitats under its control, and more potential for reducing carbon, than any other.

In conclusion, I ask the Minister to reassure the House that the environmental objectives will not end up being second fiddle when the pressure is on; how the framework agreement renegotiations, in future, will be transparent and safeguarded from sliding back on environmental requirements; how the Treasury will measure and hold the Crown Estate accountable for the contribution to the climate change and biodiversity targets; and, finally, what sanctions the Treasury has on the Crown Estate if it does not deliver the framework agreement.

In a personal capacity, I thank the noble Baroness, Lady Hayman, and the noble Lord, Lord Livermore, for Amendment 10. Speaking now as me, I think that it is extremely important that the commissioners

“must keep under review the impact of their activities on the achievement of sustainable development in the United Kingdom”.

This is a welcome development, and I welcome the compromise. I think this helps to strengthen the Bill, and it is great to have it in the Bill. I am very pleased that this has taken place. I beg to move Amendment 7.

[Baroness Hayman (CB)]

My Lords, it is a pleasure to follow the noble Earl, Lord Russell. He clearly set out the reasons why in Committee, we, along with the noble Baroness, Lady Young of Old Scone, who I am sure we all wish a quick recovery, were very concerned to ensure that the Crown Estate, given its potential influence in these areas, plays its part in achieving the Government’s statutory commitments under the Climate Change Act and the Environment Act. Across the Committee, there were contributions that supported that view.

Of course, in some ways I would like the amendment that has just been moved to be put in the Bill. Here, I should declare my interest as chair of Peers for the Planet. Like others, I thank the Minister and his officials for the time, care and effort they have put into trying to resolve the issues that would arise if the full amendment were included in the Bill. From my point of view, it has been an exemplary process. The noble Baroness, Lady Kramer, made this point as well, as have many other noble Lords. The care and transparency that the Minister and his officials have provided throughout the passage of this Bill have been extremely welcome.

In Committee, when we were debating the amendment then in my name, the Minister made two things absolutely clear. One was the Government’s commitment to achieving the same ends by ensuring that the Crown Estate is a good citizen in respect of these events, and that is also manifested in what the Crown Estate is doing and the way it is reporting on its activities. So I think there is a shared objective between the amendment proposed by the noble Baroness, Lady Young of Old Scone, which we just heard spoken to, and the Minister and the Crown Estate. It is certainly shared by me.

Concerns have been articulated about the importance of safeguarding the prime objectives of the Crown Estate and not putting the detail into the Bill. I think we have come up with a solution that will achieve, certainly from my point of view, the vast majority of what I was looking to achieve in my original amendment. Amendment 10 would implement the climate and nature objectives by inserting in the Bill an obligation on the Crown Estate to conduct its affairs in a way that ensures sustainable development. That, of course, is a much wider and not very precise term that covers economic, environmental and social issues. Mind you, there has been a lot of debate this afternoon about the importance of the Crown Estate covering exactly those issues and taking them into account.

In a sense, having placed that in the Bill, we then have a paving amendment on to the framework agreement. I was very reassured by the letter we all received on 4 November, stating that the specific concerns about two aspects of the Climate Change Act—mitigation and our net-zero obligations, and the importance of adaptation to existing climate change and the nature protection objectives under the Environment Act—would be spelled out in the framework agreement and reported on publicly in the annual report, so that we can judge the contribution made to achieving those objectives through the publication of the framework agreement. Such reporting is another theme that has run through today’s debate.

In my view, it is better to achieve 80% of what we achieve in legislative terms than to have 100% judged by this House, which I am not at all sure we would win on. What matters is the endgame and the results, not whether my phraseology or the noble Earl’s goes in the Bill. What matters is the impact we have and how much we have shifted the dial in terms of what the Crown Estate achieves in support of the Government's climate and nature objectives. So, I am very pleased to be able to propose Amendment 10 and I am grateful to the Minister for adding his name to it.

I will say only one other thing, which is that I have spent the last four and a half years putting provisions like this into individual Bills as they go through this House. I hope the Government will recognise that, when they say that climate and environment issues are for everybody and that all departments, private industries and public bodies are affected and ought to be looking at the implications, they act on that realisation and do not rely on Back Benchers making Ministers’ lives miserable because they have been missed out. The Government should cut out all that argument and do it for themselves by including those issues in Bills. They were not included in the first place in this Bill, which was silent on the climate and nature. Now they are included, albeit in slightly convoluted but, I hope, effective way.

I end by saying once again how grateful I am to the Minister and his team for the constructive way in which they have handled this issue.

--- Later in debate ---

I hope noble Lords can see that the Government have made efforts to alleviate the concerns raised on this topic. I hope that the noble Earl, Lord Russell, on behalf of the noble Baroness, Lady Young, feels able to withdraw Amendment 7 as a result.

[Earl Russell (LD)]

My Lords, speaking on behalf of the noble Baroness, Lady Young: yes, she is prepared to withdraw her amendment. I welcome the Government’s response to her amendment; I think even she realises that it was perhaps the gold-plated version. As the old saying goes, a bird in the hand is worth much more than a bird in the bush.

I return to my own persona to close this group of amendments. I congratulate the noble Baroness, Lady Hayman. It is extremely important that these duties are there, that they are written in the Bill and included in the framework agreement, and that the Crown Estate needs to report on them. These, taken together, are not constraints but real responsibilities that the Crown Estate will need to meet. They are safeguards that exist for evermore; that is a powerful thing in protecting the environment. I congratulate the noble Baroness, Lady Hayman, on all the work that she does; here we have another Bill, with another of her amendments being accepted.

Before I sit down—I know the hour is late—the noble Lord, Lord Krebs, has a Bill before this place to do some of this stuff for evermore, so that we can free up parliamentary time to discuss other things. As a final word, I encourage the Government to consider lending support to his Private Member’s Bill so that we can free up parliamentary time, put this in all the places where it needs to be, make sure that these protections are in place, and use our parliamentary time for other matters. But I am delighted that this has happened in this case. I thank the Minister, and I beg leave to withdraw Amendment 7.

Amendment 7 withdrawn.

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Moved by

[Earl Russell]

9: After Clause 2, insert the following new Clause—
“Regional Wealth Fund and Skills Training FundAfter section 4 of the Crown Estate Act 1961, insert—“Regional Wealth Fund and Skills Training Fund (1) The Commissioners must use the funds from the Crown Estate to establish a Regional Wealth Fund and a Skills Training Fund, as set out in subsections (2) to (9).(2) The Commissioners must ensure that a percentage of the Crown Estate’s license fee for leases of Crown Estate land for offshore wind power development is given to a regional wealth fund.(3) The Commissioners must agree regional boundaries of the regional wealth fund in consultation with local government.(4) Funds from the Crown Estate’s license fee for such leases must be distributed to the nearest regional wealth fund to the offshore wind power development.(5) The Commissioners must ensure that a percentage of the Crown Estate’s profit is given to a skills training fund (“the fund”).(6) The Commissioners must ensure that the fund works to provide persons residing or employed on the boundaries of or on the land of the Crown Estate with skills training to equip them to perform jobs in the green economy.(7) The Commissioners must ensure that those administering the fund consult with appropriate national and regional organisations and industry to agree the type of training that the fund will provide to meet the requirement under subsection (6).(8) The Secretary of State must by regulations set the percentages under subsections (2) and (5).(9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.””Member’s explanatory statement
This amendment would require the Commissioners to establish a Regional Wealth Fund and a Skills Training Fund.

[Earl Russell (LD)]

My Lords, it is quite late and we have run over our time, so I will be brief with this amendment. To be honest, my plan was never to call it to a vote. This is an amendment that I tabled at previous stages of the Bill. It calls on the commissioners to do two things: to establish a regional wealth fund and a skills training fund. I believe that both are important. That is why I have brought this amendment back today. As I said, I will speak to it very briefly.

On the regional wealth fund, we are going through one of the biggest energy transitions that this country has experienced since the dawn of the Industrial Revolution. A lot of stuff needs to be built; a lot of change is coming. The Government need to take people with them on that journey. It is not for Whitehall and central government to do this to people. It is for this Government to do things with people, for people, and to take people with them on that journey. I say these things because they are important. We on these Benches want to see Labour succeed in these missions. If public support wanes, that will not happen.

I believe also in devolution; we believe in devolution on these Benches. We believe that local communities should benefit from the energy that they host, and from the infrastructure that sits in their communities. We believe very much in community energy as well. In legislation to come, we will have GB Energy. From these Benches, we will be pushing the Government strongly to go further on community energy. We think it is an important part of the puzzle that can be achieved within the GB Energy Bill.

I move on finally to skills and training. The green revolution is a revolution; it will change all our lives. It offers real opportunities, not just to decarbonise and meet our climate commitments but for Britain to grow new industries to be new world leaders and to train people to take on new jobs, the jobs of the future, which we need to grow our economy.

The Budget this week, for all the investment, had very little growth coming out of it. I personally worry that there was very little money in the Budget for skills and training. The year 2030 will be here in a blink of an eye. To meet our targets, we need people to be able to build all this stuff, to make this thing happen; otherwise, our targets will not happen and will not be met.

The Crown Estate sits at an important juncture between the big industries and the local communities. It is already doing a very good and imaginative job in this area. I simply call on the Government to do more: to work with the Crown Estate to help create these skills; to help support our local communities; and to help bring people with them and alongside them on this journey, so that we can all transition together. I beg to move.

[Lord Livermore (Lab)]

My Lords, I will respond to Amendment 9 tabled by the noble Earl, Lord Russell, on the topic of local and community benefits. As I set out in Committee, the Government are committed to working closely with the Crown Estate to support our target of clean power by 2030 by collaborating to accelerate and derisk the sustainable delivery of technology such as offshore wind. As I noted in Committee, local communities already benefit from onshore and offshore developments in the form of the economic benefits that such developments bring, including job creation and increased business for local suppliers. Individual developers also contribute to local initiatives.

Over the longer term, local communities will also benefit as we accelerate our transition away from volatile fossil fuel markets to clean, homegrown power to boost Britain’s energy independence and security. The Crown Estate has also specifically designed the leasing process for the offshore wind leasing round 5 opportunity in the Celtic Sea in such a way that developers have to make commitments to deliver social and environmental value as part of the development of their new windfarms.

I turn to the second part of the amendment, on a skills training fund. As I have previously made clear, the Government of course support the spirit behind the amendment. We are committed to clean energy by 2030, accelerating to net zero and promoting biodiversity. To meet those ambitions, we need to make sure that our workforce has the knowledge and skills to succeed in the green economy, both now and in future.

As part of that effort, the Department for Education has set up Skills England, a new body that will tackle skills shortages and support sustained economic growth. The Government also introduced the Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill in this House last week, which among other things will help to support the establishment of Skills England. As I highlighted in Committee, the Crown Estate is dedicated to supporting skills and training.

As I have said previously, the Crown Estate consults extensively with communities, charities, businesses and the Government to ensure that its skills initiatives are sensitive to market demands and emerging technologies to keep them relevant and effective. The Government consider it important that the Crown Estate retains that flexibility in how its skills initiatives are funded and delivered to ensure that it can contribute to skills training in the best possible way.

I hope these explanations have been helpful and I have provided some clarity on the points raised. I hope the noble Earl, Lord Russell, feels able to withdraw his amendment as a result.

[Earl Russell (LD)]

My Lords, I thank the Minister for his response. I am of course able to withdraw my amendment. I recognise the work that the Government are doing in these areas, but there is a need for more to be done. I do not think that working with the Crown Estate would impact other work; it would actually strengthen it. As I said, it sits in a unique juncture that would be particularly helpful in bringing industry together with communities to create local jobs and provide training. However, I note the work that the Government are doing and I thank the Minister for his response. I beg leave to withdraw the amendment.

Amendment 9 withdrawn.

Crown Estate Bill [HL]

Earl Russell Excerpts

Committee stage
Tuesday 22nd October 2024 Lords Chamber

Moved by

[Earl Russell]

32: After Clause 2, insert the following new Clause—
“Report on impact of this Act on the Sovereign GrantThe Secretary of State must, within one year of the passing of this Act and each subsequent year, lay before Parliament a report into the effect of this Act on the size of the Sovereign Grant.”Member’s explanatory statement
This amendment requires the Secretary of State to review the impact of this Act on the size of the Sovereign Grant.

[Earl Russell (LD)]

My Lords, this amendment would simply require the Secretary of State to review the impact of this Act on the size of the sovereign grant. I have tabled it as I feel that, as part of our consideration of the Crown Estate Bill, it is important to look at the direct link between the future planned growth of Crown Estate activities and the increase in profits that will result directly from the partnership with GB Energy, and the interlinked direct impact these changes will also have on the practical workings of the Sovereign Grant Act 2011.

The Sovereign Grant Act came into force on 1 April 2012 and changed the arrangements for funding Queen Elizabeth’s official duties. It consolidated four separate sources of funding into one new sovereign grant. The grant is intended to be a more permanent system than the previous one, which was reign specific. The sovereign grant is paid annually by His Majesty’s Treasury at a value indexed as a direct percentage of the revenues from the Crown Estate. It was initially set as an indexed percentage of 15%. The percentage is reviewed every five years by the royal trustees, made up of the Prime Minister, the Chancellor of the Exchequer and the Keeper of the Privy Purse. The level of the grant is protected by law from decreasing because of falling Crown Estate profits, as there were during the Covid pandemic. With annual accounts published by the Keeper of the Privy Purse and audited by the National Audit Office, the process promised to be more accountable. The level of the grant has risen in recent years to help fund, in part, a £369 million refurbishment of Buckingham Palace, which was approved by Parliament. After King Charles III’s accession to the Throne, the new King approved a statutory Order in Council to allow the existing sovereign grant provisions to continue throughout his reign.

This is all very well but, to come to the heart of the matter, my concern is the direct link between the profits that the Crown Estate makes and the calculation of the amount of the sovereign grant going forward. My request is that the direct link is discussed today, and I call on the Government to consider amending it. My amendment calling for an annual review was the closest wording I was able to table on this matter.

There is a world of difference between the direct binary link that we have now, where a set percentage of the Crown Estate’s revenues is used as the only calculation basis in determining the size of the sovereign grant, and the system that I would prefer, where the Government pay due regard to the Crown Estate’s revenues as part of the process of determining the size of the sovereign grant.

I have five areas of concern about the future of these arrangements after this Bill passes. First, my personal feeling is that the present calculation is somewhat obtuse and that the Sovereign Grant Act is not a particularly helpful or appropriate way of determining how, and at what level, we fund the Royal Family. The trouble with all this is that the attempt to link royal funding to the profits of the Crown Estate is a conjurer’s trick; it is an accounting sleight of hand. The two are not related at all. The Crown Estate’s profits are, and always have been, government funds.

I am not here to have a conversation about the role, purpose or future of the Royal Family; I am not anti-monarchy. Nor do I wish to discuss the appropriate levels of funding, as none of this is relevant to the Bill. Before us is a Bill that will see the Crown Estate allowed to borrow from the Treasury, subject to approval, and if all goes well this will result in rapid investment in, and growth at, the core of the Crown Estate’s business, that of leasing seabed plots for offshore floating and offshore wind developments. When the Crown Estate is at the heart of a rapid green energy revolution, and the sovereign grant is calculated as a percentage of revenue profits and reviewed only every five years, it is only sensible for us to take a moment to examine the potential impacts that this rapid growth will have on the calculation of the grant.

My second concern is that this rapid and exceptional period of Crown Estate growth was not foreseen when the 2011 grant Act was passed, and this makes future calculations more difficult.

Thirdly, I am worried that it may potentially put the King personally in a difficult position. Your Lordships should note that, in January 2023, the Keeper of the Privy Purse, speaking on behalf of the King, asked the Government to reduce the percentage used to calculate the sovereign grant so that the total did not include the income from new offshore wind leases, calculated to be worth £1 billion annually to the Crown Estate. The request was made by the King, out of his desire that the money described as a “windfall” could be best used for “wider public good” instead of funding the Royal Family during a cost of living crisis, which he had referred to only weeks earlier. In July last year, with further Crown Estate profits, the Government announced that the grant would be changed to 12% in the following year, down from 25%, while maintaining the same level payable.

It is my understanding that a further reduction is planned to come in through primary legislation following 2026-27. In the words of the Report of the Royal Trustees on the Sovereign Grant Review 2023,

“The Crown Estate’s Net Revenue Profits are expected to increase significantly in future years”.

The trustees’ projected figures show an increase from £442 million in 2022-23 to £1.05 billion in 2024-25. With predicted exceptional linear growth forecast for the foreseeable future, will we see newspaper headlines every year to the effect of “Exceptional growth in Crown Estate’s green energy brings huge profits to the King: the King kindly wishes that these are used for the public good”?

My fourth point is that the five-year review is inadequate in this period of exceptional continuous growth. I call on the Government to amend the 2011 Act to make the review annual.

My fifth and final point relates to what is a complex and confusing system that is not only poorly publicly understood but a hostage to fortune. The system is ripe for exploitation by those who are either against the energy transition, are supportive of the old energy architecture or simply wish to use the politicisation of the energy transition to spread disinformation and propaganda. This is my biggest worry. From the challenges to well-established basic climate science to deliberate attempts to undermine the transition to heat pumps and electric vehicles to miscalculations of costs, propaganda is, sadly, ever present. A system that can all too easily be used to link the green energy transition to extra funding to the Royal Family is ripe to be manipulated by those who wish to argue that the green transition will cost you more because all the benefits are funding the Royal Family. A highly effective government communications strategy that works in partnership, wins hearts and minds, extols the benefits and lower bills is essential to support the transition, and this link does not help with that.

The move to green energy and the financial support received by the Royal Family are uneasy bedfellows. I foresee this as an opportunity that will be exploited by those aimed against the transition. My humble opinion is that the calculation of the sovereign grant as a direct percentage of Crown Estate profits represents a weakness in the system that leaves us vulnerable to interference as we transition our power generation. My wish is simply that this Government consider amending the direct nature of this link and conduct an annual review of the sovereign grant during this period of rapid growth. My amendment is here simply to allow this conversation to take place. I look forward to hearing the opinion of your Lordships and the Minister’s response on these issues. I beg to move.

[Baroness Vere of Norbiton (Con)]

My Lords, I rise to speak briefly on this group. I note that the noble Lord, Lord Berkeley, is not in this place and so was unable to speak to his amendment. I understand why the noble Earl, Lord Russell, has tabled his amendment, and I am grateful to him for his exposition of the background to it. On these Benches, we recognise the unusual role that the Crown Estate has in the stewardship of the assets held in the right of the Crown. We recognise, too, that the revenues from the assets do not belong to the sovereign, nor is any part of them payable directly to the monarch.

The issue here is one of communication. It must be—it is absolutely essential—that there be no perception of any direct financial link between the sovereign and any amounts received under the sovereign grant and the amount of revenue generated by the Crown Estate. Upon the announcement of the partnership with GB Energy, there was a perception from some of the more excitable end of the media that the sovereign was somehow party to, and specifically approving of, the arrangement. I encourage the Minister and commissioners of the Crown Estate to ensure that information in the public domain about the operation of the Crown Estate, but also any further partnerships that may come down the track, cannot possibly suggest any direct involvement from the sovereign and, therefore, that there should be no undue benefit accrued.

--- Later in debate ---

I hope these explanations have been helpful and that I have provided reassurance on these issues. I hope that, as a result, the noble Earl, Lord Russell, will feel able to withdraw his amendment.

[Earl Russell (LD)]

I thank the Minister for his comments. I appreciate that there is information of which the Government are aware from the reports that come to Parliament on this. Some of my questions might have been answered had I had sight of the business case, so I look forward to that being published.

The only slightly outstanding issue for me is about our communications strategy around the green revolution, making sure that the Government are communicating properly and taking the public with them. I still worry that there is a bit of confusion between us. I will withdraw my amendment and thank the Minister for his response, which I will go away and consider.

Amendment 32 withdrawn.