Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019

Lord Addington Excerpts

Thursday 28th March 2019 Lords Chamber

[Lord Duncan of Springbank]

The noble Lord makes a point of some interest regarding the Scottish Government. One might almost say they could not see the wood for the trees—sorry, it has been a long day. I will come back to some related points once I have completed my opening speech.

Some functions will continue to operate across Great Britain in relation to forestry science and research, tree health, and common codes and standards. When the 2018 Act comes into force, the forestry commissioners will no longer have a role in Scotland. Management of forestry will instead become the sole responsibility of the Scottish Government. This order enables the 2018 Act to be implemented in full. It provides new powers to Scottish Ministers and makes several consequential amendments to UK legislation, with a particular focus on the Forestry Act 1967.

Articles 3 and 4, along with similar provision in the Section 90 order, will enable cross-border arrangements to be entered into between the Scottish Ministers, the forestry commissioners and various other bodies. While forestry functions and management of the national forest estate will be fully devolved, the order will allow Scottish Ministers to enter into arrangements with the other bodies so that each may deliver certain functions on the other’s behalf.

Article 5 will confer powers upon Scottish Ministers to promote, develop, construct and operate installations for or in connection with the generation, transmission, distribution and supply of electricity produced from renewable sources and to use electricity produced by virtue of those powers. These powers are currently exercisable by the Forestry Commission in Scotland. When the Forestry Act 1967 is repealed as it relates to Scotland, it will be necessary to transfer these functions to the Scottish Ministers to ensure they have the same powers as the forestry commissioners have under the current arrangements.

Finally, the order makes a number of consequential amendments to the Forestry Act 1967, related statutory instruments and other primary legislation to reflect the removal of the forestry commissioners’ functions in or as regards Scotland.

We have worked closely with the Scottish Government at all levels to ensure that this order makes the necessary amendments to relevant UK legislation in consequence of the 2018 Act. It represents the final stage of devolving forestry to the Scottish Government. I commend the order to the House, and I beg to move.

[Lord Addington (LD)]

My Lords, I will ask the Minister a few brief questions. First, what would be an example of practical co-operation on cross-border matters such as plant health or infection? What would be the practical steps? The Minister mentioned that steps would be taken for administrative connection—I think this was covered in the Commons. Could the Minister provide a little more clarity on the powers on electricity generation? There was also some discussion of this in the Commons, but exactly what sort of wood production or forestry by-products will be used in this generation? There was discussion about biomass; a little bit of clarification there would not hurt. Other than that, there is not much else to be said. The Commons took 21 minutes on this—let us see whether we can shave a moment off that.

[The Earl of Kinnoull (CB)]

My Lords, I thank the Minister for his clear explanation, and I declare my interests as set out on the register. In particular, I am chairman of the UK Squirrel Accord, a body of 35 entities—the four Governments, the four nature agencies and the principal voluntary and private sector bodies—that are trying to deal with the problem of grey squirrels killing broad-leaved trees. The problem is extremely serious and is preventing commercial forestry planting such trees at the moment in large tracts of our country.

I have two questions for the Minister, arising from the Explanatory Memorandum. First, to follow on from the noble Lord, Lord Addington, I note that paragraph 7.1 says:

“Selected functions continue to operate across Great Britain including functions relating to forestry science and research, tree health and common codes and standards”.


Where squirrels and tree diseases are concerned, a line in an atlas makes no difference at all to the problems; it is vital that things continue to be co-ordinated across the border. I think that sentence means, “Great Britain and Northern Ireland”, not just “Great Britain”. Could the Minister confirm that? Also, does it mean that various functions will remain at the UK level? That would be very helpful, given the necessity of moving forward on a co-ordinated basis, particularly in science.

My second question is on paragraph 7.3, which refers to Articles 3 and 4. It talks about maintaining,

“a coordinated approach to issues such as the management of plant-based pests and diseases”.

Does the Minister agree it is vital to make sure that takes place? No individual bit of Great Britain has all of the intellectual power or money—or even necessarily a research institute—to do these vital things. It is so important that things remain co-ordinated. There is pretty much chaos at the moment, and staff morale is not good in some of the new bodies which will replace the current arrangements. If I have a fear, it is this: if the ball is dropped, the net result will be a big problem in plant health and broad-leaved trees.