Environment Bill

Debate between Lord Berkeley and Lord Framlingham

Committee stage
Wednesday 30th June 2021 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, it gives me great pleasure to follow the noble Earl, Lord Caithness, the noble Lord, Lord Randall, and the noble Baroness, Lady McIntosh, because they have proposed additions to the definition of the natural environment. When I started looking at this, I thought, “Well, everything’s covered anyway”. In debates on many previous Bills, Ministers have always said that they do not like lists because you always leave something out of lists, and that is serious. But the arguments from the three noble Lords who have spoken indicate an obvious concern that water and soil are not in fact included in this definition. I hope that the Minister, when he responds, will confirm that they are, and maybe even add them in.

My small addition is to suggest that “ecosystem” should be included as well because it covers everything that is in paragraphs (a) to (c) of Clause 43 but also soil and the maritime area—I shall come on to water later—and, I think, it goes wider. On the role of ecosystems, the definition that I found included this:

“A community is created when living and nonliving components in an environment are in conjunction with each other.”


The components, including “biotic and abiotic components”, “interact as a system” to form an ecosystem. So, the word “ecosystem” covers everything. I am not suggesting that the Minister should leave out anything that is there at the moment or not include soil or water, but I think that there is an argument for having something that talks about the conjunction between them and the way they work together. I am interested in hearing the Minister’s comments on that.

I also want to speak briefly to Amendments 194AB and 194AC in this group, which are in my name. They also cover the issue of ecosystems but relate to the condition of planning permissions in Clause 92. I think that “water” should also be included in the amendment proposed by the noble Baroness, Lady McIntosh, and maybe “rivers” as well. That is something we should discuss.

A week or two ago, I came across an example that illustrates why this is quite important. I understood that the Port of London Authority had applied to extend the jurisdiction—that is, ownership of or responsibility for—of its water, as I suppose it is, by changing the definition from a limit of mean high water to mean high water springs. Many noble Lords may think, “Well, what does that matter?” In terms of the maritime definition, it is actually a height difference of about 50 centimetres. When you have a river wall, like we have out here, 50 centimetres is probably neither here nor there, but I am told that the extent of the River Thames—the tidal part of it—covers 190 miles of riverbank. On the bits that are pretty flat, as opposed to vertical walls, the extension would have allowed the PLA to extend its planning development potential quite dramatically. There was a big campaign against this at the last general meeting of the PLA; in the end, it withdrew it. Obviously, I welcome that, but it does indicate the difference between and the challenge of biodiversity and ecosystems and the planning condition.

I have one more example. The noble Baroness, Lady McIntosh, talked about offshore wind farms and things like that. A similar debate, which occasionally I get involved in, goes on regarding the role of marine conservation zones and what the boating and yachting community think that it wants. One is environment and the other is leisure. I got quite involved in debates about whether it is possible to have a marine conservation zone in the south-west, or even around the Isles of Scilly, to prevent any ships going there unless somebody had changed the route. This was all resolved, but it is an example of the importance of keeping biodiversity and ecosystems in mind when it comes to planning issues.

I am sure that we will talk about that much more, but this has been a very useful little debate. I hope that, when he comes to respond, the Minister will add in some of these extra suggestions to what we have in paragraphs (a) to (c) at the moment. I also hope that, if he says that he cannot do so, he will tell us why.

[Lord Framlingham (Con) [V]]

My Lords, I would like to say a word or two on behalf of soil and in support of Amendment 110 from the noble Earl, Lord Caithness.

We are often told how much of the earth’s surface is covered by water and how we must take care of it—and so we must. However, we are told less often that the remainder of the world is covered largely by soil—or was, until we decided to spread concrete and tarmac over huge sections of it. That includes motorways, airports, houses and factories—even putting slabs over our own front gardens so that we can park our car. This has taken huge quantities of soil out of commission, with deeply damaging effects on the environment. A layer of concrete not only creates drainage problems by removing the soil’s ability to absorb water, causing the massive problems of run-off and flooding; it also sterilises the soil, cutting off oxygen from all living organisms beneath it. Nobody has yet tried to measure what the cumulative effect of this is but it will be huge.

Soil that has remained untouched for long periods of time is hugely beneficial to all kinds of flora and fauna. Sadly, it is all too rare. This is why our ancient woodlands are so very precious. Although it may not look it at first glance, soil structure is relatively fragile, ranging as it does from heavy clay through loams to sandy soils, and from acid to alkaline. Its health is valuable not just for growing crops and grass to graze but for supporting countless other organisms, some beneficial and some less so. All were held in a natural balance before man’s intervention.

Soil’s value to agriculture and the importance of keeping it in good health were first recognised formally by the great agricultural reformers of the 17th and 18th centuries, most notably Turnip Townshend and Coke of Holkham. The Norfolk four-course rotation was introduced; it varied the types of crops grown over a four-year cycle, sometimes allowing land to lie fallow. The practice of nurturing the land persisted until relatively recently when the pressures to produce more and more from the same acreage grew, with spectacular results. Some cereal crops have increased fourfold, but with this intensification has come a change of attitude to the soil. It is simply—and to some extent understandably, with modern technology—seen purely as a medium for growing crops. Systematic rotation has long since gone. The same crop is sometimes taken off the same land year after year. Spraying against pests and diseases has become regular and routine. To turn the clock back would be very difficult, although some organic farmers are now trying.

Food is essential but many would argue that it is much too cheap. A bottle of milk can still cost less than a bottle of fizzy water. Supermarkets, incidentally, have a crucial role to play in this regard. The proportion of our income that we spend on feeding ourselves has dropped hugely. The old links that customers made between production and consumption have long since been broken, although locally grown produce is increasingly popular. New government environmental policies are forecast to take 21% of land out of agriculture. Arable land and grazing, once carefully drained and cultivated, is going to be turned into marsh and swamp. Where the food lost will come from, nobody has yet told us.

These are very difficult issues requiring much thought, but they will have to be faced one day. Otherwise, as the noble Earl, Lord Caithness, said, our soils will simply, through infertility, disease or flooding, no longer be able to provide what we expect and have too long taken for granted. If I may, I, too, wish to quote what President Roosevelt said in 1937 in response to the huge dust-bowls that had been created in America; the noble Earl has already done so, but I think that it sums up the situation. He said:

“A nation that destroys its soil destroys itself.”


That says it all.

High Speed Rail (London–West Midlands) Bill

Debate between Lord Berkeley and Lord Framlingham

Committee: 2nd sitting (Hansard): House of Lords
Thursday 12th January 2017 Grand Committee

[Lord Berkeley]

My Lords, I am sorry to go on so long but we are nearly getting to the end.

Noble Lords may wonder why we have tabled this amendment. For the last 20 years we have had freight trains and passenger trains. They are separate, regulated separately if they are regulated, and they mostly operate on the same tracks. More recently, there has been greater pressure on passenger trains to carry bicycles—obviously, wheelchairs are allowed for anyway—but they have also started to take small packets of freight. I think many Ministers have agreed that that is a good way of getting small consignments off the road and on to rail at very little marginal cost. It happens on the midland main line now, with parcels, medical samples and things like that, and as noble Lords may know, it happens with crabs and lobsters from the West Country—Penzance—some of which are alive. That is extremely successful.

There is a lot of pressure from some people in the industry, both on the freight and the passenger side, to develop this quite dramatically. Eventually, you could use an old multiple unit train, put roll cages in there, take it up to a main line station and deliver things in a very much more environmentally friendly way than you could by running big lorries in all the way. However, there is a half-way stage of not having enough volume to justify a complete train but having more volume than goes in a suitcase.

It would be interesting to explore whether Ministers think that all new trains—of course, the trains in this amendment will have to be the High Speed 2 ones, although I hope it could be extended—would have some flexible space. At night, when there is not much traffic, there could perhaps be freight in the end coach; in the daytime there could be bicycles—there is a big demand for carrying bicycles; and for anything else that comes along, they could still have flap-down seats when not too many people need to stand.

This is therefore an opportunity to look at the design of coaches again with regard to a changing demand for both passenger and freight. I beg to move.

[Lord Framlingham]

Is not the noble Lord talking about the old guards’ van?

[Lord Berkeley]

The noble Lord is tempting me to get on to the issue of guards, which I shall not do. The answer is yes—but it is not for the guard but for other things. But there are not many left.

--- Later in debate ---

[Lord Berkeley]

Noble Lords will be aware that there was a consultation on the hybrid Bill procedure, which closed just before Christmas and on which the clerks can provide us all with details. I think that is the forum for discussing how the procedure works, whether improvements could be made, whether everybody was treated fairly, and so on. I suspect it will be the first of a number of inquiries. We all learn from these processes, but I am not sure that today’s Committee is the right forum in which to discuss them in detail.

[Lord Framlingham]

My Lords, in a sense this goes to the point I was trying to make when we first started about the function of this Committee. We are dealing with a huge, modern project within a Victorian legislative system, which will be improved in time—but not in time to take care of the problems that face us. We all ought to bear that in mind. I, like every other member of this Committee, I am sure, have no wish to denigrate the work of the Select Committee. We acknowledge all the hours its members put in and what they went through. But if this Committee today is to have any function or usefulness at all, then it has to deal with and reflect on what they thought, what we think and how things should go forward.

We are talking about the biggest infrastructure project this country will ever undertake. It is an enormous project. The work involved will have a huge impact on both the urban and rural environment. Surely we must leave no stone unturned to ensure that it is correct. The Select Committee may think it has done that, but if anybody has more concerns, as we have today, they should be able to express them. This project is going to last for years. It will affect thousands of people’s lives for years in all sorts of ways. It is all right having a complaints system but complaints happen after the result, when the damage is done.

I am talking today about awareness: making HS2 aware of its obligations from the beginning and having someone—an adjudicator, or whatever you want to call it—to keep an eye on it from the beginning. People also need to be reassured that the adjudicator, or whatever official we decide upon, will support and defend their interests. I declare my own interest: I have always been interested in trees. I am an ex-president of the Arboricultural Association and I like ancient woodlands. Believe you me, an hour’s work with a JCB in the wrong place will do untold and irreparable damage that no amount of money, apologies, complaints or acceptance of responsibility by HS2 will put right. From the very beginning, if it is to work at all—I still do not want it to go ahead—there must be an awareness on both sides. That means, on the part of HS2, an awareness of its obligations on every little detail so that the general public are reassured that their interests will be properly defended. What structure or person that would need, be it an adjudicator or whatever we like to call it, I am not sure, but that mechanism must somehow be put in place.