Forest Risk Commodity Regulations

Debate between Lord Benyon and Lord Randall of Uxbridge

Tuesday 12th March 2024 Lords Chamber

[Lord Benyon (Con)]

Yes, we do. The Treasury is proceeding with its review. Alongside that, we have the Taskforce on Nature-related Financial Disclosures. It is not just for financial institutions in this country but has become the international byword on making sure that financial institutions are themselves regulated and making it clear to other investors and shareholders that the supply chains they are investing in are in accordance with the Glasgow leaders’ declaration.

[Lord Randall of Uxbridge (Con)]

My Lords, I congratulate my noble friend. I know he shares a great and deep concern on this issue. He is probably as impatient as many of us to get this, but we know it is not always that easy. Will the Government require commodities and products that are in scope to be traced back to farm level?

[Lord Benyon (Con)]

I thank my noble friend. We are indeed working as quickly as we can to get this on the statute book. We want to make sure that those companies that are in scope, as the noble Earl on the Liberal Democrat Benches described, are able to say from their supply chains right back to where the project came from in the first place, that they are in accordance with these regulations. If not, we have a very clear sanctions programme that we will bring forward in the statutory instrument, which will hold them to account.

Levelling-up and Regeneration Bill

Debate between Lord Benyon and Lord Randall of Uxbridge

Report stage
Wednesday 13th September 2023 Lords Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I beg to move Amendment 230A, and I will speak to Amendment 309B. These make clear the Government’s commitment to ensuring that biodiversity net gain achieves its intended positive outcomes for nature. They seek to reduce incentives for site clearance on development sites and on sites generating off-site units.

Biodiversity net gain is a flagship government policy. Officials are working closely with stakeholders to prepare for its implementation. It will mean that new developments improve nature and, as its name suggests, will be a net gain for nature. We have heard concerns raised that developers would be incentivised to clear habitats prior to the submission of a planning application or site survey. We have brought forward government Amendments 230A and 309B to address this concern.

The Environment Act already requires the use of a historic baseline of on-site habitat for sites where habitats have been degraded. These amendments go further and ensure that a precautionary approach to the baseline habitat for these sites must be undertaken when sufficient evidence is not available.

These amendments also seek to close a potential loophole in legislation. Currently, a site could be cleared under an existing planning permission, even if the development and biodiversity gains of this permission were not completed. Then, a new permission could be applied for, using the cleared site as the baseline for BNG purposes. These amendments will prevent this.

The amendments also ensure that habitats will not be cleared in advance of delivering habitat creation off-site in order to sell biodiversity units. Without these amendments, an area of off-site habitat could be cleared and then recreated and sold as habitat enhancement. These amendments will prevent this by requiring that pre-enhancement measurements of biodiversity are registered before any activity that lowers the biodiversity value.

Noble Lords will note that these amendments will apply retrospectively, back to the date of tabling. We have secured law officer agreement to this approach, which is important to make sure that people do not use the period between now and the commencement of these provisions to reduce their habitats’ baselines. I hope noble Lords will see how important these amendments are in addressing these concerns within the existing BNG framework.

I go on to thank my noble friend Lord Randall of Uxbridge for tabling Amendment 282M and the supplementary Amendment 288C. I am pleased to continue the conversation about the importance of these treasured landscapes. Having thoroughly considered Amendment 282M, we are content to accept it in principle. Protected landscapes are crucial delivery partners for so many of our goals for nature, climate and rural communities. We agree that their management plans should be enhanced and that the contribution of partners should be bolstered. This amendment takes a balanced, proportionate approach to achieving these aims. We have a wish to consider any technical drafting amendments that may be required to ensure that the amendment operates correctly in practice. The Government are therefore undertaking to bring forward a similar amendment at Third Reading. This will ensure that protected landscapes organisations continue to be at the heart of our work to unleash rural prosperity and create a network of beautiful, nature-rich spaces that can be enjoyed by all parts of society. This will be supplemented by our upcoming protected landscape outcomes framework and updated guidance, further delivering the Government’s response to the landscapes review.

I take this opportunity to extend my and the Government’s continued thanks to Julian Glover and his panel for this superb piece of work. I also thank my noble friend Lord Randall for his tireless work on this matter, which I know is dear to his heart. With that commitment, I hope my noble friend will not move his amendment and will agree to work with us as we take this forward to, in principle, the same amendment at the next stage.

[Lord Randall of Uxbridge (Con)]

My Lords, I should first declare some interests. When I spoke on the swift bricks amendment in the name of my noble friend Lord Goldsmith the other night, I was so excited that I forgot to declare them. I hope I can make an apology. I have many conservation interests, including as a councilman with the RSPB—particularly relevant to the swift bricks—and, for consideration later today, as a member of the advisory board of River Action, which might give noble Lords an indication of where my interests will lie this afternoon.

I also have some good news. My noble friend the Minister has given me some, which I will come back to, but mine is this: I am losing my voice. I think that will be generally approved of on all sides of the House.

I know my noble friend has been working tirelessly and I thank all those members of the Government in the two departments—the Secretaries of State and the Ministers, as well as many others—who have got us to where we are today. In particular, apart from thanking Julian Glover, who, as my noble friend said, did this excellent review, I thank two strong allies on this from across the Chamber: the noble Baroness, Lady Jones of Whitchurch, who tabled the original amendment in Committee when I was elsewhere, occupied in hospital, and the noble Baroness, Lady Willis of Summertown. Their support has kept me going.

I know that I have begun to sound like a record with a needle stuck in it, but I think it has paid off. I thank everybody concerned with this. National parks and areas of outstanding natural beauty are what we are about, and biodiversity in those areas is depleted. I am pleased that the Government have recognised this and the need for legislation.

Levelling-up and Regeneration Bill

Debate between Lord Benyon and Lord Randall of Uxbridge

Committee stage
Thursday 18th May 2023 Lords Chamber

[Lord Benyon (Con)]

I understand the campaigning point that the noble Baroness makes. That is perhaps for another occasion in this House; I am very happy to have that debate. I want to see more access but, over the next six years, the recovery of species in this country has to be our priority, as there has been a catastrophic decline. We have to work with people to give them more access where it is appropriate, but we also have to protect our countryside and rare habitats and make sure that hotspots of biodiversity are allowed to thrive, because the benefits from those will spill out right across our country.

Amendment 504GJC, so ably spoken to by my noble friend Lord Lucas, enables local communities, landowners and organisations to contribute directly to the 30 by 30 target through an internationally recognised structure—namely, the other effective area-based conservation measure. We understand the intentions behind this amendment. I provide reassurance that, as I said earlier, the Government are committed to protecting 30% of land for nature by 2030 and to developing the most appropriate approach to increasing and enhancing our protected areas and other land of value to nature.

We are working with partners across the country, including members of the public, the environmental sector, academics, farmers, landowners and the private sector, to deliver against this commitment. The nature recovery Green Paper sought views on our approach to 30 by 30. This included our plans to explore how land that is delivering for biodiversity outside of our designated protected areas can contribute to our 30 by 30 target. Many of the reforms explored in the Green Paper have fed into the Government’s environmental improvement plan, our delivery plan for protecting nature. The noble Lord is absolutely right to raise these points. More areas will be developed for nature as part of our reforms, and I very strongly believe that these should be included in our 30 by 30 calculations.

Government Amendments 467G, 504O, 509E and 515 address the requirement for Natural England to review the maps of open access land in their entirety at set intervals, with the first review currently due to be delivered by 2024-25 and subsequent reviews to be completed every 20 years following this date. These amendments allow Natural England to complete proportionate reviews, focusing on areas that were mapped incorrectly or have changed status, on an ongoing basis. While much open access land is already mapped correctly, some mistakes were made during the initial mapping process, and a first review of these areas is required to establish an accurate baseline. The amendments do not remove the first review deadline completely but move it to 2031 to allow for sufficient preparation of the review.

As I have said, we recognise the importance of enabling access to the countryside. That is why we have established 13 community forests, alongside substantial programmes to create more green open space and significantly expand national trails. We have also created and restored some 360,000 football fields of habitat since 2010. Our response to the Glover recommendations made clear that we will not consider whether CROW rights should be expanded until the review of the CROW maps is complete. Our stakeholders have been clear that reviewing the maps is a necessary first step before any consideration of expanding rights can be made. Once the first review is completed and a baseline established, the amendments will enable us to move to a continuous selective review system. Any changes in land use can be amended on the maps in good time rather than needing to wait up to 20 years for further review.

Amendment 467G inserts a new provision into the Countryside and Rights of Way Act 2000 regarding when Natural England must carry out reviews following the issuing of open access maps, and the matters that such a review must cover. The amendment also makes provision for regulations to set out the procedure on a review and makes consequential amendments.

I hope noble Lords will support these important amendments. A substantial amount of planning is required if we are to ensure that the reviewed maps are fit for purpose, so that we can then switch to a system of limited continuous review rather than the periodic reviews required at present. Amendment 467H would reduce, by three years, the time we have to make sure that the first review of maps is completed to the standard needed. The Government have tabled amendments which remove the scope for regulations to push back the deadline for the review, so I offer the noble Baroness assurance that this date will not move again.

Amendment 467I would insert a legal requirement to make regulations to enable subsequent reviews of the open access maps. Once the Bill has achieved Royal Assent, the Government intend to make regulations to enable a continuous review following the completion of the first review, which I hope will reassure the noble Baroness that the ability to do this will not be lost.

Amendment 467J would take the opposite approach of the government amendment by returning to the existing power to invoke the original appeals regime so that it applies to the review process. The Government feel it is important that we have the flexibility to fit the details of the appeal regime to the very different circumstances of the review, and therefore do not feel able to support this amendment.

[Lord Randall of Uxbridge (Con)]

My Lords, we have had a very interesting debate. I thank all those who have supported my amendment.

Because of the lateness of the hour I will not go into details, except to thank the noble Baroness, Lady Willis, for her speech, which was not just passionate but full of expertise, which shows the strength of this Chamber. I also thank my noble friend Lord Blencathra, not just for his almost complete support but for two ideas. One is tweaking. I am always up for tweaking and I hope my noble friend the Minister is too. My noble friend’s other suggestion involved a bottle of Highland Park. Perhaps we could get together and tweak this amendment with the Minister, and perhaps even his boss, so that we can go forward. Then, if the Government do not come forward with the appropriate amendment on Report, I assure my noble friend that I will return to it. With that, I beg leave to withdraw my amendment.

Avian Influenza

Debate between Lord Benyon and Lord Randall of Uxbridge

Thursday 3rd November 2022 Lords Chamber

[Lord Benyon (Con)]

We have very high animal welfare standards here, as seen in the removal of battery cages, and have worked faster than other countries in Europe and elsewhere to improve those factors. The point lying behind the question of the noble Baroness is that, when my grandparents were alive, chicken was a luxury item that one had relatively rarely. In many cases, it was reared on the premises. It has now become the staple diet of large populations right around the world. In a way, the market has responded to that. I am not saying that complications have not arisen, but the recent drive by retailers for free-range eggs has seen an enormous increase in egg producers in areas such as the Wye Valley, which is starting to have an impact on the natural environment.

The Government have to try to foresee all these things and then bring in measures, whether in planning, the right incentives, regulation or laws. The noble Baroness asks a perhaps more philosophical, societal question; we need to tackle it as best as Governments can, but people want to and like eating chicken and eggs. There are a lot more people around than there were when my grandparents were alive. We have to feed a hungry world, but we have to do so sustainably and mindful of the impacts of disease and on the natural environment.

[Lord Randall of Uxbridge (Con)]

My Lords, this is a terrible disease; my sympathy goes out to the producers and so forth. I declare my interest as a council member of the Royal Society for the Protection of Birds and other conservation interests. I was very heartened to hear of the involvement of the British Trust for Ornithology and the RSPB. It is not just gannets; the world population of great skuas is severely at risk. My noble friend may recall that there was some talk of setting up a task force specifically to look at the conservation impacts of this disease.

On game bird releases, while I agree with my noble friend that current shoots will not spread it, I wonder whether we should have done something a bit earlier. If this horrible disease is still so present this time next year, will game bird releases be stopped as they would be now under the housing orders?

[Lord Benyon (Con)]

I assure my noble friend that there is a sort of task force already in place. Defra and the devolved Administrations, working with the Animal and Plant Health Agency, Natural England, NatureScot, the Joint Nature Conservation Committee and non-governmental organisations such as the RSPB and the British Trust for Ornithology, are monitoring and responding to the effects of avian influenza on wild birds. We produced our Mitigation Strategy for Avian Influenza in Wild Birds in England and Wales, which sets out practical guidance to support land managers, the public, ornithologists and NGOs in England and Wales in their response to the growing threat of avian influenza to wild birds—how they can report it and what measures they can take.

On the other matter, I repeat what I have said. We will keep these factors under observation, but we must remember that, if we bring in measures against one sector, we have to make them consistent. Are we going to ban everyone from walking on a footpath, because carrying the faecal matter of an infected bird on your boots to another part of the countryside could spread it just as badly? We need to be really clear about the impact this could have on the rural economy and the important work many people do for nature conservation, such as gamekeepers, who keep numbers of wild birds vibrant in those areas. We want to make sure we do not cause unseen problems but take proportionate measures on the basis of scientific evidence.

Environmental Targets

Debate between Lord Benyon and Lord Randall of Uxbridge

Monday 31st October 2022 Lords Chamber

[Lord Randall of Uxbridge (Con)]

My Lords, in asking a Question of which I have given private notice, I draw attention to my conservation interests as set out in the register.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, as set out in the Written Ministerial Statement I laid on 28 October, we will continue to work at pace to lay draft statutory instruments as soon as practicable. Our next steps include agreeing the final targets across government and scrutiny by the Joint Committee on Statutory Instruments. His Majesty’s Government remain committed to our future targets to halt the decline in species by 2030 and to bring forward the wider suite of targets specified under the Environment Act as soon as practicable.

[Lord Randall of Uxbridge (Con)]

I thank my noble friend for his Answer. I congratulate him on not only his reinstatement in the department but his elevation to Minister of State; it reassures me that this Government are reaffirming their commitment to their manifesto promises on the environment.

It is of course disappointing that we have not met these targets by the due date. However, can we use this delay to increase, for example, our target for the protection of terrestrial sites, which would be very helpful in encouraging into domestic law our 30by30 commitment, and our species abundance target? I urge the Government not only to do this as fast as possible but to ensure that, by the time we attend COP 15 in Montreal, these targets are in place—and remember, they are just targets; what we really want is action.

Growth Plan 2022

Debate between Lord Benyon and Lord Randall of Uxbridge

Tuesday 25th October 2022 Lords Chamber

[Lord Benyon (Con)]

The greatest crisis in the food industry, indeed in the economy, in recent years has been Covid. What we managed to prove through that was that the supply chain of food to people who need it has been resilient. We want that to continue, but we also want food producers to produce the quality that is needed not only in these islands, but that can be exported abroad, so trade is fundamental to the growth we want to see.

[Lord Randall of Uxbridge (Con)]

My Lords, I draw attention to my conservation interests as listed in the register. Can the Government reassure conservation bodies—I know he is a great conservationist himself—that we are not going to water down environmental protections but, if anything, increase them?

[Lord Benyon (Con)]

The Government have to be absolutely clear about this because it is hard-wired into legislation, whether it is our net-zero commitments under the Climate Change Act or our protections under the Environment Act—world-leading legislation that will put into law such things as biodiversity net gain and the ambitions in the 25-year environment plan. This leaves precious little room for any Government of any persuasion to be foolish enough to damage our environment, which would mean that we could not achieve those objectives, which are written in law.

Farming Rules for Water

Debate between Lord Benyon and Lord Randall of Uxbridge

Monday 1st November 2021 Lords Chamber

[Lord Benyon (Con)]

I would. The noble Baroness makes an important point in relation to some pig farmers, but we want to make sure we are cleaning up our rivers. That means working with farmers to find a sensible system of rules that apply long-established good farming practice so that manures are applied only to crops that will take up those nutrients and none will leach through into catchments or river courses.

[Lord Randall of Uxbridge (Con)]

My Lords, I declare my interest as a member of the advisory board of River Action. Does my noble friend agree that we have a serious problem in our rivers, and that pollution from farming is part of it? You have only to look at the River Wye and what has happened there. While we need to help farmers to comply, is there not a real urgency about cleaning up our rivers?

[Lord Benyon (Con)]

My noble friend is absolutely right. We should see the fact that only a very small percentage of our rivers are fully functioning ecological systems as something of a national disgrace. We have spent many hours debating the Environment Bill here and are moving to a much better place—but we can do much more, working with the farming community and recognising that it is only part of the problem and that there are other polluters as well. We want to make sure that we are abiding by our commitments to get our rivers in good ecological state in a very short space of time.