Environment Bill

Lord Blencathra Excerpts

Committee stage
Wednesday 23rd June 2021 Lords Chamber

I think we really do need to try to ensure that this Bill is as all-encompassing as we were led to suppose it would be, and that it does indeed act as a protector of our environment, in its totality, through the centuries. If we are going to have a landmark Bill—and we have referred to this many time during the debates, on Monday and again today—it must be a Bill that includes all our landscape. So while I would not expect my noble friend to give a definitive answer this evening, he did make some encouraging comments in his speech on Second Reading. I hope we can have a meeting with him, and perhaps bring one or two representatives from the Heritage Alliance with us, to talk these things through. I hope that my noble friend will be able, even at this late stage in the evening, to encourage us to do precisely that, so that when it comes to Report, we can indeed have a Bill which we all feel we can be very proud of.

[Lord Blencathra (Con)]

My Lords, I declare my environmental interests as on the register. This is a very important amendment which I am proud to support, and I urge my noble friend the Minister to agree to it, or at least to some variation of it if it is deemed to be technically deficient. What is not deficient is the concept; it is absolutely right that the cultural heritage of our landscape should be included as part of the definition of “natural environment”, as Amendment 111 seeks to do. I say to the noble Lord, Lord Redesdale, that his request to the Minister was very modest, in my opinion. I am fairly certain I can say to my noble friend the Minister that, when it comes to Report, unless there is progress on this, there will be quite a few loyal friends behind him who will wish to push an amendment of this sort ourselves.

The case for inclusion has been very eloquently made by the noble Lord, Lord Redesdale, and my noble friend Lord Cormack, and in the inspirational speech by my noble friend Lord Inglewood. I have been privileged over the last 30 years to live a few miles away from my noble friend Lord Inglewood’s home and gardens, the parkland, the ponds and the well-farmed estate. It is a perfect example of the historical and cultural heritage of this country. Looking at his home, one can see how it has been changed over the years—I think the Scots had some part in changing the configuration of it at one point—and rebuilt according to different architectural styles. The land and the farm have been managed differently over hundreds of years. It is a perfect example of what this amendment is about.

I simply say that if those noble Lords who have spoken, and those who are about speak again—such as the noble Lord, Lord Carrington, the noble Earl, Lord Devon, and my noble friend Lord Trenchard, who made this point at Second Reading—who are landowners, and who know all about the management of historic countryside, are in favour of this amendment, then a wise Government should listen carefully to what they say.

Rather than be a poor echo of what those noble Lords have said, I want to put before the House the most brilliant description of the English countryside I have ever read. I regard this amendment as The Road to Little Dribbling amendment—the name of the 2015 book by the American writer Bill Bryson. If Peers have not read it, then I commend it to them. It describes in witty form everything that is so special about rural England. I simply want to put on the record two paragraphs. He writes:

“Nothing—and I mean, really, absolutely nothing—is more extraordinary in Britain than the beauty of the countryside. Nowhere in the world is there a landscape that has been more intensively utilized—more mined, farmed, quarried, covered with cities and clanging factories, threaded with motorways and railway lines—and yet remains so comprehensively and reliably lovely over most of its extent. It is the happiest accident in history. In terms of natural wonders, you know, Britain is a pretty unspectacular place. It has no alpine peaks or broad rift valleys, no mighty gorges or thundering cataracts. It is built to really quite a modest scale. And yet with a few unassuming natural endowments, a great deal of time, and an unfailing instinct for improvement, the makers of Britain created the most superlatively park-like landscapes, the most orderly cities, the handsomest provincial towns, the jauntiest seaside resorts, the stateliest homes, the most dreamily-spired, cathedral-rich, castle-strewn, abbey-bedecked, folly-scattered, green-wooded, winding-laned, sheep-dotted, plumply-hedgerowed, well-tended, sublimely decorated 88,386 square miles the world has ever known—almost none of it undertaken with aesthetics in mind, but all of it adding up to something that is, quite often, perfect. What an achievement that is.”


So says an American writer. Is that not the most magical statement on the English countryside you have ever heard? It is also a definitive description of what this amendment is all about. I am certain that the Public Bill Office and parliamentary drafters would not allow it, but I would love to have that description added to the Bill as an amendment—I would not get away with it.

For the sake of completeness, I said that I would quote a second paragraph, so I must also give the House this one. Bill Bryson writes:

“And what a joy it is to walk in it. England and Wales have 130,000 miles of footpaths, about 2.2 miles of path for every square mile of area. People in Britain don’t realise how extraordinary that is. If you told someone in Midwest America, where I come from, that you intended to spend the weekend walking across farmland, they would look at you as if you were out of your mind. You couldn’t do it anyway. Every field you crossed would end in a barrier of barbed wire. You would find no helpful stiles, no kissing gates, no beckoning wooden footpath posts to guide you on your way. All you would get would be a farmer with a shotgun wondering what the hell you were doing blundering around in his alfalfa.”


Since I am sitting behind the Bishops’ Bench, perhaps I may be forgiven for using the word “hell”, although I do so in a non-biblical sense. I hope that it is not a microaggression to use such a word these days. And I hope, of course, that the Bishops believe in such a place as hell.

The Bill Bryson description makes the perfect case for these amendments. There is nothing more I can usefully add. I rest my case.

[Lord Carrington (CB) [V]]

My Lords, it is a daunting task to follow the splendid oratory of not only the noble Lord, Lord Blencathra, but the noble Lords, Lord Redesdale, Lord Cormack and Lord Inglewood. I will do my best.

I declare my interests as set out in the register and add that I am custodian—I use that word on purpose—while alive, of historic monuments on my land. I support the amendments in this group, commencing with Amendment 59 in the names of the noble Lords, Lord Redesdale, Lord Blencathra and Lord Cormack, and the noble Earl, Lord Lytton. I hope that I will not cover too much of the same ground that has been so ably covered by them.

My concern is the considerable lack of clarity on eligibility for, and funding of, this all-important man-made heritage. I understand that heritage is included as part of the specific goals in the 25-year environment plan, and that funding could well be part of the environmental land management schemes to be introduced under the Agriculture Act. But that is all vague, and surely we need the certainty of measurement, reporting and funding that would be achieved by these amendments. After all, a plan is just a plan, and the fact that the Agriculture Act enables heritage to be funded is not an actual promise of funding.

It would obviously help if we had some details of the elusive ELMS, but this is still perhaps two years away. But early reaction from the farming community is underwhelming, particularly at a time of respectable prices for livestock and arable crops. If this continues, and the financial viability of ELMS for farmers is not sufficiently attractive, the laudable aims of encouraging biodiversity, funding heritage, planting trees and much more will not be fulfilled. Surely that is a powerful reason for these amendments.

It might help to give a specific example. Where I live, according to the Domesday Book, there was a bloody battle between the Saxons and the Danes, currently undated, which resulted in a series of barrows—burial mounds—and ancient fortifications and a huge chalk cross carved into the hill, which was once visible from many miles away. There is also the site of a Roman villa nearby. All these monuments are in overgrown scrubland, and invisible. They all have permitted access, so there is no problem in that respect. None is an SSSI, they do not form part of farmland registered for the basic payment, and they are not within any managed woodland scheme. Hence there is no current source of funds from any relevant scheme.

For those important archaeological features, there is neither carrot nor stick available to encourage necessary maintenance. Please will the Minister tell us how those monuments, and many others like them, can be preserved and funded, without the assurance that would be given by the inclusion of heritage in the Bill, as well as much-needed clarification of the funding available through the 25-year environmental improvement plan—and, of course, the environmental land management schemes—identified by the Government for this cause?

Environment Bill

Lord Blencathra Excerpts

Committee stage
Monday 21st June 2021 Lords Chamber

Moved by

[Lord Blencathra]

5: Clause 1, page 1, line 16, leave out paragraph (c) and insert—
“(c) nature;”Member’s explanatory statement
This amendment seeks to change the word ‘biodiversity’ to ‘nature’ and is designed to have a debate in principle on changing the term throughout the bill.

[Lord Blencathra (Con)]

My Lords, I declare my environmental interests as on the register. This afternoon I will, if I may, speak from a seated position—I had a long train journey and the old legs are a bit ropier than normal.

My amendments in this group all seek to change the word “biodiversity” in the Bill to the word “nature”. The only two amendments in the group for proper consideration in this debate are Amendment 5, which changes the wording in Clause 1, and Amendment 261, which attempts to give a definition of nature, so that my noble friend the Minister cannot say that nature is a completely different concept from biodiversity and that it would totally destabilise the Bill if we made this change. In this Bill we can define nature any way we like, just as we can define biodiversity, and it need not create any legal lacuna or new obligation.

The other amendments numbered in the 200s are merely examples in the Bill of where “nature” could be used instead of “biodiversity”. I counted over 140 uses of the word “biodiversity”, most of them—more than 100—in Schedule 14, but I have picked just a few examples so that we can have this debate in principle. Therefore, I do not want my noble friend the Minister to waste his time in the wind-up going through all those other examples and explaining why they are technically wrong.

Why change “nature” to “biodiversity”? What am I getting at? It really is quite simple: everyone talks about nature and not about biodiversity. All recent polls and studies show that the vast majority of people want to get closer to nature, to relate to it, and to get out and about and into it more. If you asked them if they wanted to relate to biodiversity, they would think that you were talking about zoo animals. “Biodiversity” has the flavour of a technical, scientific term, more applicable to wild animals than flowers, trees, butterflies and the landscape—at least in the minds of the majority of ordinary people.

The authoritative People and Nature Survey undertaken each month by Natural England found that 61% of people said that they felt that they were part of nature and 87% said that being in nature made them happy. A recent survey quoted by the BBC reveals that most people think that biodiversity is something to do with washing powder. We might scoff at that, and of course colleagues in Parliament, Defra, Natural England, the Joint Nature Conservation Committee and all wildlife organisations know what biodiversity is—but we do not count. We need to appeal to the tens of millions of people who are not officials, scientists or policymakers and who have a much more vague idea of what nature is—but know it when they see it, and want more of it.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I thank my noble friend Lord Blencathra for his amendments. It is a pleasure to follow the thoughtful speech on them by the noble Baroness, Lady Hayman. Like my noble friend, we want people to understand and engage in nature, but it is also important to increase recognition of and engagement with the term “biodiversity”. It is an internationally recognised term that is gaining popularity with the public, parliamentarians and beyond, not least as a consequence of the extraordinary work of Sir David Attenborough, as the noble Lord, Lord Krebs, pointed out. It confers a direction of travel toward greater diversity, which we want everyone to fully support and engage with.

As the noble and learned Lord, Lord Hope of Craighead, pointed out, and this point was echoed extremely interestingly and thoughtfully by the noble Baronesses, Lady Bennett and Lady Ritchie, “nature” is a more expansive term than biodiversity, often taken to include non-living elements, and is potentially more open to interpretation. It is perfectly possible to enhance nature with limited or no value for biodiversity. Many monocultures—for example, a green grass valley; I am using a different example from the one that I used last time—are considered beautiful examples of a natural landscape, and “nature” can have a high amenity value. If we are to boost biodiversity, sometimes it will mean moving away from simplistic ideas of what nature should be, and thinking scientifically about how to improve the diversity of living things.

In response to my noble friend Lady McIntosh, I confirm on my noble friend Lord Blencathra’s behalf—if I may—that he is not proposing to renegotiate or replace the international conventions, as I understand it from his introductory speech. However, I want to provide a more detailed interpretation of what we mean by “biodiversity” and why it is important. I do this in response to a number of noble Lords, including my noble friends Lady McIntosh of Pickering, Lord Caithness and Lord Trenchard, the noble Lord, Lord Krebs, and the noble Baronesses, Lady Ritchie and Lady Hayman. The Convention on Biological Diversity, which is being hosted in China at the end of this year and is a massively important moment for biodiversity, defines biodiversity as

“the variability amongst living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.”

It is important that variability and diversity should be conserved and the benefits for people secured. The UK is playing a leading role in negotiating an ambitious global framework for biodiversity under that convention, and setting targets and policies for biodiversity helps to demonstrate and further that alignment.

From a more technical perspective, the Bill applies the terms “nature” and “biodiversity” for specific purposes. Associated guidance and regulations will make that clear. We certainly want these measures to benefit all aspects of nature for wildlife and other environmental objectives. Substituting “nature” for “biodiversity” in the Bill would risk creating confusion about the purposes of the measures, especially where “biodiversity” is already a well-established term. Measures such as the biodiversity duty or biodiversity net gain are already established and understood policies, being strengthened through the Bill, and our aim should be to improve their functioning, not create confusion with new terminology.

I hope this does not sound facetious but there is an implied assumption within the amendment that people en masse are going to devour the Bill and base their understanding on the Act that we hope it will become. It feels to me that what really matters is delivering the measures in the Bill and the wider communications that will support it. I say to my noble friend Lord Caithness that I am not convinced it is the Act itself that will take people with us; rather, it will be the delivery of good policy, good solutions and the wider comms that we all—not just the Government—are going to have to engage in to advance this agenda.

I reassure my local friend Lord Blencathra that I share and understand his vision and the motivation behind his amendment, as I think does every noble Lord, but nevertheless I ask him to withdraw it.

[Lord Blencathra (Con)]

I am grateful to all noble Lords who have spoken—

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

The noble Earl, Lord Caithness, has indicated that he wishes to speak.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I am not sure it is necessary to add the definition to the Bill itself, but I will certainly consider my noble friend’s comment carefully as we move through the Bill’s various stages.

[Lord Blencathra (Con)]

My apologies, Lord Deputy Chairman; I did not realise you would be calling the noble Earl, Lord Caithness.

I am grateful to all noble Lords and noble Baronesses who have spoken—those who have supported me, those who are sitting on the fence and those who are opposed. I say to the noble Lord, Lord Rooker, that if he goes further and looks at the Office of the Parliamentary Counsel guidelines in detail, he will find that there is an instruction there to government departments to write in simple language, and what I am suggesting here follows that OPC instruction.

The noble and learned Lord, Lord Hope of Craighead, made an important contribution that swayed a number of noble Lords. I looked at changing the word “nature” at the start of Clause 1 but then opted to change it in Clause 1(3). I was in two minds about that but then I thought that I wanted the debate on principle, so we should have it early on in the Bill. I accept what he said about the list in Clause 1(3) containing more specific examples of nature. He said that “biodiversity” was the right word to be used in the Bill but I am suggesting, and I have said so all along, that we can define “nature” to be the right word in the Bill and we can make it as specific or general as we wish.

I am grateful to my noble friend Lord Cormack for his attempt at a definition, “nature in all its diversity”. I am not sure it is right but he is simply making the point that it is possible to define this.

My noble friend Lord Caithness said that he was back to sitting on the fence. I am too; I have a leg on either side of it. I am not suggesting that we have “nature” only or “biodiversity” only; I am suggesting that in some parts of the Bill, where it is safe and sensible to do so, we have “nature” and in other bits we have “biodiversity”.

My noble friend the Minister has already pointed out to my noble friend Lady McIntosh of Pickering that I was not proposing to change our international conventions, not even the one that I negotiated myself. As a new Minister I was sent to Rio in 1992 with strict instructions: “You’ll be there for 16 days, Mr Maclean MP. You will not agree to anything until John Major comes out and signs up for everything that you’ve got to resist.” I had to sign, or was party to negotiating, the first Convention on Biological Diversity.

I say to the noble Baroness, Lady Ritchie of Downpatrick, that there is no need for confusion. It depends on how we define this, and I say to her that the word “nature” would strengthen the Bill.

I am grateful to my noble friend Lord Trenchard for his strong support. If Dasgupta sees the terms as interchangeable, we should change “biodiversity” in the Bill wherever possible.

I am grateful to my noble friend Lord Randall of Uxbridge. He also said that we should make things simple. The next group of amendments but one is about connecting people with nature. The word “nature” does that but “biodiversity” does not.

The noble Lord, Lord Krebs, says that the Government need to define biodiversity. If the Government cannot define biodiversity in the Bill, how are the public to understand or relate to it? The Government are capable of defining “natural environment” in the Bill. The noble Baroness, Lady Hayman, quoted dictionary definitions. What does that dictionary say about “natural environment”? The phrase “natural environment” is not defined in the Bill according to the Oxford English Dictionary; it is defined in a way that the Government have decided. If the Government can define “natural environment”, they can define “nature”.

My noble friend the Minister said that “nature” can be a more expansive term. It can, and if it is not defined it will be much more expansive. The phrase “natural environment” could be a highly expansive term—indeed, some of us have suggestions to expand it a bit more—but the Government have defined it in the Bill and, if you can define “natural environment”, you can define “nature”.

As far as “biodiversity net gain” is concerned, my noble friend picked one example which might confuse business and industry, and developers may worry that “nature net gain” is not the same as “biodiversity net gain”. If that is the case and we cannot explain it, let us not change that bit. I have resiled from my initial position when I wrote to my noble friend two weeks ago that we can change every word. I know that we cannot; it would not be sensible. It could cause legal problems and confusion. Let us not try to change the word where it is not sensible to do so but change it everywhere else.

My noble friend seemed to conclude by saying, “Let’s use biodiversity in the Bill, but out there we will be talking about nature; it’s how we relate to it and how we deliver it”. It seems a bit odd to say, “Well, let’s just keep this among ourselves. We experts who know all about it and we boffins will use biodiversity in the Bill, but we won’t use it out there among the public. For that, we will use ‘nature’”.

I think there is still some merit in what I say, although it has not commanded the majority support of the noble Lords who have spoken today. I would like my noble friend to consider with me whether we can change the word in some instances where it is safe to do so. Having said that, I beg leave to withdraw the amendment.

Amendment 5 withdrawn.

--- Later in debate ---

[Lord Bradshaw (LD) [V]]

My Lords, I start with a short explanation of the reason for Amendment 58. The Natural Environment and Rural Communities Act 2006 protected footpaths, bridleways and restricted byways from use and damage by recreational motor vehicles. However, the same Act left unprotected a further 3,000 miles of countryside tracks. These are the nation’s green lanes. They are being used and damaged by 4x4s, motorbikes and quad bikes, which are being driven entirely for recreational purposes. This amendment is the first step in closing the loophole in the NERC Act which allows non-essential motors to inflict environmental damage and nuisance to green lanes. The amendment does not affect the rights of landowners, occupiers or residents, drivers of essential motor vehicles, or people with disabilities who use powered mobility scooters.

The context for this amendment is twofold. First, the stated purpose of the Environment Bill is to improve the natural environment. Secondly, the 2019 Glover review of national parks and areas of outstanding natural beauty called for radical change in the way we protect our landscapes and stressed the need to take urgent steps to recover and enhance nature. One of the things that is causing damage to the natural environment, and to fragile and precious landscapes, is that, at present, 4x4 vehicles, motorbikes and quad bikes are allowed to be driven for purely recreational purposes on unsealed tracks all over the countryside, including in national parks and areas of outstanding natural beauty.

This is allowed to happen only because the law currently says that if an unsealed track, whatever it may be, was used in the past by the public with horse-drawn carts, that it is now a right of way for any kind of modern motor vehicle. Parliament attempted to deal with this in 2006 by passing the Natural Environment and Rural Communities Act: other vehicles could use footpaths, bridleways and restricted byways, but it left unprotected over 3,000 miles of other track in the countryside that have no public right of way classification. These amount to over half of the country’s green lanes. They are open to use and abuse by recreational motor vehicles and, as a result, great damage is being done, even on the high fells.

There are similar problems on many of the other 3,000 miles of the country’s green lanes—those classified as byways, open to all traffic. In reality, many of them are effectively no longer open to walkers, cyclists, horse-riders, horse-drawn vehicles and the disabled for peaceful enjoyment of the countryside because of a loss of amenity caused by recreational motor vehicles—many riders of which are based abroad.

The amendment does not seek an immediate change in the law. If passed it requires the Secretary of State to return to the business left unfinished by the Natural Environment and Rural Communities Act and to carry out a public consultation on whether the loophole left by that Act, should now be closed.

The Minister may say that there is another way of dealing with the problem: the use of traffic regulations orders. The highway authorities have had TRO-making powers since 1984, the national parks since 2007, but such orders are costly to make, rarely used and almost invariably are fiercely resisted by the recreational motor vehicle groups—often with threats of legal action. TROs must be made one track at a time. If they could put a stop to the environmental damage being made by motor vehicles, the problem would have been solved long ago. A new approach and ultimately a change in the law is needed.

[Lord Blencathra (Con)]

My Lords, it was an absolute delight to listen to the excellent speech from the noble Earl, Lord Devon, and his call for better-quality access. There is considerable merit in Amendment 8 and especially in Amendment 9, and it probably should be a priority target. I urge my noble friend the Minister to accept them in principle. The amendment tabled by my noble friend Lord Lucas is very important. Could Amendments 8 and 9 be amalgamated into one target?

Of course, this is a very difficult area for the Government to set targets in and that is possibly why the Government have not added it to the clause. If you cannot measure it then you cannot manage it, and as for measuring people’s enjoyment of something, I should love to see how one can make a target for people to enjoy something. However, with time and work, I believe that we can figure out some targets in this area, especially on connecting people with nature.

Every month Natural England publishes its people and nature survey. Despite Covid, there are still very much the same patterns emerging. When one looks at March 2020, before lockdown—an idiotic term which I hate—and compares it with April 2021, one gets roughly the same statistics: 30% had not visited a green space or nature in a 14-day period, and of those who did, the vast majority numerically were older people. The justification in April this year by the 34% of people who had not visited was to stop Covid spreading. That is a noble reason not to go. However, I looked at our previous studies, in what was then called the monitor of engagement with the natural environment, and in 2017 more than 30%, the same figure, had not visited a green space. Exactly 34% said that they had not visited because they were too busy, 23% said health reasons and 18% had no interest whatsoever. The justification or excuse may vary but the numbers stay the same.

However, the other statistic that the survey highlights is that of earnings. Of those earning more than £50,000 per annum, 75% reported a visit to a green and natural space. This is compared to 50% of those earning less than £15,000 per annum. Adults earning more than £50,000 also took three times as many visits as those earning less than £15,000. That confirms the anecdotal evidence of our own eyes. You do not see many black and ethnic-community people in their Range Rovers visiting the Lake District National Park, stately homes, or National Trust properties.

There is of course a big cost element for those who cannot afford the time or money to go far visiting green space, but there is also a cultural problem. I was told in a briefing from the creators of the brilliant London National Park City scheme that they found that children walking to school would prefer to take the slightly longer route round by the shops and the high street rather than the shorter route through the local park or green space. There is thus a problem that even when green space is on their doorstep, many people are not connecting with it. That is why Amendment 9 is so important. I believe that Natural England is in discussions with Defra on what more we can do to connect people with nature, and that could lead to a target.

The briefing we have all received from the Ramblers, Open Spaces Society, and others, cannot identify targets, but suggests three areas where it might be possible to set them. I am glad that they acknowledge that this is not easy. Their first suggested area is proximity. Are there access opportunities close to where people live and work? The second is accessibility. Are different types of users, including disabled people, able to connect with and make use of access to green spaces and good quality paths, and do they feel welcome? The third is quality. Are green spaces of sufficient standard to ensure that people want to use them?

Environment Bill

Lord Blencathra Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I declare my environmental interests as set out in the register. I begin by extending a warm welcome to the latest Defra Minister, my noble friend Lord Benyon. My noble friend Lord Gardiner was an excellent Minister and has been replaced by an equally excellent Minister. Indeed, Defra is an unusual department in that it has been given Ministers who have a long track record of being environmental champions—from my honourable friend Rebecca Pow MP to my noble friends Lord Goldsmith and Lord Benyon. This trend of having Ministers who know their stuff before joining a department might just catch on—I am sure the Whitehall machine will do all it can to put a stop to it.

First, I will comment in my capacity as chair of the Delegated Powers and Regulatory Reform Committee. The committee published its report this morning. Despite the large number of delegations—110 of them—and 17 Henry VIII clauses, 48 of the delegations are affirmative and only two Henry VIII delegations are negative, a point which might reassure my noble friend the Duke of Montrose. This 44% of delegations being affirmatives is probably a record for democratic accountability in any Bill, and if Defra can do it in this landmark legislation, there is no excuse for other government departments cutting out proper parliamentary scrutiny. My committee also praised the delegated powers memorandum, which is a textbook example of its kind. When the Delegated Powers and Regulatory Reform Committee slams into a department for producing a poor, flimsy memorandum, it should look at this Defra memorandum to see how it should be done. I also commend the department on gutting and rewriting the notorious Rivers Authorities and Land Drainage Bill 2019, which we severely criticised and stopped when it arrived in this House. The committee has only five criticisms of the Bill. Perhaps my noble friend the Minister will take them all on board and give the department a 100% record of compliance with our recommendations.

In a personal capacity, I can also praise Defra. I warmly welcome the Bill and support every aspect of it. It has taken some time to get here, but it keeps improving every month, with the splendid addition two weeks ago of a species recovery target for 2030. I am particularly enthused by Part 6, which creates nature recovery strategies and a duty to conserve nature. This is in line with all prime ministerial and ministerial speeches which use the word “nature”. The Bill also creates biodiversity registers and biodiversity net gain.

The word “biodiversity” is used more than 140 times in the Bill, but do ordinary people talk about getting closer to biodiversity? Of course not. All the latest studies show that people relate to nature and want to get closer to it. It is a common word that we understand, but biodiversity is perceived by ordinary people to be a more scientific, technical thing of interest only to boffins and specialists. Indeed, I have just looked at an online BBC News article which states that in a recent survey most people thought that “biodiversity” was something to do with washing powder. Experts in this House, government and wildlife NGOs may scoff at that, but getting this law right is about a lot more than using nice, correct legal language.

This Bill is a once-in-a-lifetime chance to engage with people who over the past 15 months have said they want to get out and about and relate more to nature. The Government and everyone talk about nature recovery strategies and nature-based solutions. Two weeks ago, the Secretary of State for Defra went to something called a “nature moment” and announced the nature for climate peatland grant scheme. Since “nature” is the word everyone understands, let us make sure that our legislation speaks in a language that ordinary people use. There is no excuse not to use “nature”. The Office of the Parliamentary Counsel’s official guide to drafting legislation states in paragraph 1.3.1:

“Write in modern, standard English using vocabulary which reflects ordinary general usage.”


Je repose ma valise—as we say in the pubs in general usage—I rest my case.

I have looked at every usage of “biodiversity” in the Bill, and I conclude that we can safely replace it with “nature” and not lose a single legal or scientific concept. Of course, I exempt international treaties and there may be one or two other exceptions. I invite all noble Lords to look for themselves and then support some exemplar amendments I shall put down—not 141 of them. I shall also table an interpretation clause similar to Clause 43 which will ensure that the word “nature” will not leave any legal gaps or create new legal obligations.

Biodiversity net gain—or nature net gain, as I hope it may be called—is a very important provision. It will bring huge improvements to nature wherever it applies. However, the 10% net gain requirement does not apply everywhere, since the Government have exempted nationally significant infrastructure projects, which we debated in the HS2 phase 2a Bill recently. I shall also table an amendment to apply 10% nature net gain to all these NSIPs. I believe the Government should set an example to private developers, not excuse themselves. No Government in history have sought to do more for the environment or nature than this one. The pace of announcements on nature and the breadth of what the Government are seeking to achieve with this Bill are breath-taking. I suggest that making nationally significant infrastructure projects comply with the 10% net gain requirement would add even more credibility, both nationally and internationally, to the Government’s reputation.

Finally, I welcome the peroration of the noble Lord, Lord Cameron of Dillington. I passionately support everything we can do in this Bill and elsewhere to increase our nature and to make sure that we do not just recover it, but enhance it significantly. However, while doing that, we must never forget that we need food produced in this country from our land. In fact, we need more food produced and less imported which may be from less environmentally sensitive systems.

Covid-19: Support for India

Lord Blencathra Excerpts

Tuesday 27th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I am sure the noble Lord will appreciate that I cannot give him the assurance of match funding, but I can share that the support we have provided thus far has been in the form of donations directly from Her Majesty’s Government. That was arranged by the FCDO.

[Lord Blencathra (Con)]

Now that the Government have run an incredibly successful UK vaccination campaign, does my noble friend agree that we can reach out and help other countries without harming a single UK subject or slowing down our own vaccination effort? Will he put India at the top of the list and give it all possible help, now and for as long as is necessary, since it is a member of our Commonwealth family and sheer Christian humanity compels us to help those who are in such desperate need?

[Lord Ahmad of Wimbledon (Con)]

My Lords, let me assure my noble friend in relation to all countries that require support, since he is right to point out that it is about not just getting the vaccines but having the ability to distribute them. A number of countries have received them through the COVAX Facility but, given the expiry dates, they must ensure equitable distribution. We are working with not just India but other countries. I assure him, as both the Minister of State for the Commonwealth and the Minister responsible for our relations with India, that those issues remain high up my priority list.

China: Convictions of Democracy Campaigners in Hong Kong

Lord Blencathra Excerpts

Tuesday 13th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I reassure the noble Baroness that BNO status is a generous scheme and extends to family members. As I said in answer to the noble Baroness, Lady Northover, if specific issues arise with individuals who do not qualify, wherever they may be in the world, the United Kingdom has always been generous in providing protection and I am sure will continue to be so.

[Lord Blencathra (Con)]

My Lords, does my noble friend recognise that the obliteration of democracy in Hong Kong and the persecution of the innocent is simply following the playbook of Germany in the 1930s? A one-party state is tolerating no dissent, treating Taiwan like the Sudetenland, threatening its neighbours, exterminating a religious minority and building a massive military machine preparing for war. Will my noble friend the Minister please tell China that we will form every alliance possible in the world to challenge it?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I say to my noble friend that Hong Kong’s prosperity and its way of life rely on the respect for fundamental freedoms, an independent judiciary and the rule of law. I further assure him that we will continue to bring together our international partners—a point made by the noble Lord, Lord Collins—to stand up for the people of Hong Kong, to call out the violation of their rights and to hold China to the obligations it freely assumed under international law. We will continue to work in that respect.

Zimbabwe: Human Rights Abuses

Lord Blencathra Excerpts

Tuesday 16th March 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we engage with the African Union on all reports of human rights abuses in instances where the African Union has leverage and political will. We are not convinced that that is the case in Zimbabwe. However, when the African Union has taken proactive steps to address concerns about the political and economic situation in Zimbabwe, the UK has been supportive. We support the special envoys appointed by Cyril Ramaphosa, but they have also struggled due to the lack of engagement from the Government of Zimbabwe. We will work with all partners where it makes most sense for the UK.

[Lord Blencathra (Con)]

My Lords, Zimbabwe and, indeed, the world should have been a better place now that the evil Mugabe is thankfully out of it, but does my noble friend agree that Mnangagwa seems to be no better? The murders, rapes and torture continue, with any government critics beaten to death or simply disappeared. South Africa, regrettably, seems to be heading the same way, first under Zuma and now under Ramaphosa. Knowing the Government’s limited powers, what can and will they actually do to save the starving and beaten people of Zimbabwe?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we have repeatedly made clear our disappointment at the lack of political and economic progress of the Zimbabwean Government. On 1 February, we announced sanctions to hold to account those individuals responsible for human rights violations. We support the Zimbabwean people through numerous aid programmes, focusing on poverty reduction, humanitarian assistance, standing up for human rights and supporting Zimbabwe’s recovery from the Covid pandemic. On South Africa, we strongly support President Ramaphosa’s efforts to tackle corruption and promote accountability, as well as efforts to address those crimes perpetrated under President Zuma.

Belarus: Presidential Elections

Lord Blencathra Excerpts

Friday 25th September 2020 Lords Chamber

[Baroness Sugg (Con)]

My Lords, we are clear that foreign intervention here would be unacceptable. The international community must come together and help support a dialogue between the authorities in Belarus and its people. Russia has a role in supporting that, and we urge Russia to engage constructively.

[Lord Blencathra (Con)]

My Lords, last November I was privileged to lead the Council of Europe mission to Belarus to observe the parliamentary elections there. We found, as every previous mission had found, that there were fundamental deficiencies in election law which prevented free and fair elections. This Wednesday, I was appointed rapporteur for electoral law reform in Belarus. Does my noble friend the Minister agree with me that while many people are understandably calling for new and fresh elections, these will still not be free and fair until we sort out the fundamental deficiencies and all the wrongs in election law in Belarus?

[Baroness Sugg (Con)]

I very much welcome my noble friend’s appointment as the Council of Europe’s rapporteur, and thank him for his previous work observing parliamentary elections. My noble friend and the Council of Europe are doing incredibly important work in this area, and the Government support their efforts. I share his view that electoral reform is crucial for ensuring that the Belarusian people can exercise their voice through genuinely free and fair elections. Not only will our work with the OSCE investigation of vote-rigging and human rights abuses provide moral support, but its findings will provide practical support in making progress on this important work.

Taiwan

Lord Blencathra Excerpts

Thursday 17th September 2020 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, we remain very strong in ensuring that, on the basis I have already outlined, we continue to strengthen our wide range of exchanges with Taiwan, including in relation to trade. Where the recognition of a state is not a prerequisite to any involvement or engagement in international bodies, we have stood up for the right of Taiwan to be part of those discussions—we are very much in favour of that.

[Lord Blencathra (Con)]

Will my noble friend the Minister condemn this further blatant act of aggression by the communist regime in China of threatening its neighbours and stealing islands in the South China Sea? Will he work with all other free, democratic nations to strengthen the military commitment to Taiwan and make it clear that Taiwan is an independent country and not part of the People’s Republic of China?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I have already outlined, we have repeatedly stood up on the basis of our relationship with Taiwan. On the actual challenges that Taiwan faces in the context of China, we consider that the Taiwan issue is one to be settled peacefully by the people on both sides of the Taiwan Strait. Again, I reiterate to my noble friend that we call out where there are issues of disagreement with China, and anything that seeks to destabilise the current status quo in the Taiwan Strait is a matter of concern for Her Majesty’s Government.

Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020

Lord Blencathra Excerpts

Monday 8th June 2020 Lords Chamber

[Lord Blencathra (Con) [V]]

My Lords, I, too, thank my noble friend the Minister for his detailed but concise and eloquent introduction to these regulations and congratulate him on his excellent promotion to this House, where he is advancing our green and biodiversity agenda, which is very important to all of us.

I am not opposed to this these regulations. However, I have a couple of queries. First, the post-implementation review states that the regulations

“were introduced to help the delivery of necessary, large or complex water or sewerage infrastructure projects within England. They were designed to help contain, minimise and isolate the risks associated with the delivery of these projects from customers, undertakers and UK taxpayers, while also providing value for money and keeping customer bills as low as possible.”

So far, so good, but only one project has been approved: the Thames tideway tunnel. My noble friend the Minister said that four others may be in the pipeline, but what is the timescale for them? If they happen, I strongly support my noble friend Lord Caithness, who urged that these reservoirs must do a great deal for nature.

The post-implementation review states:

“This legislation has facilitated one infrastructure project to date which is due for completion in 2023. As such evidence of outcomes remains limited.”


In the absence of real evidence, the Government asked stakeholders for their opinion. Is the that the right way to do it? Everyone agrees that this legislation should be changed, but should we be changing legislation based not on solid evidence but on the opinion of stakeholders?

My second point may be more controversial and I understand if my noble friend the Minister cannot or does not want to respond to it. Thames Water is now owned by a holding group called Kemble Water Holdings, consisting mainly of Macquarie bank and eight other private equity holders. They have done the usual private equity thing. They have loaded the business with £10 billion of debt so that they pay no UK corporation tax; have ripped off water payers by taking out £1.2 billion in dividends over the past few years; and have had to pay record fines for leakage. Okay, there is has a temporary freeze on dividend payouts at the moment, but that is no big deal considering the way they have plundered the business over the past 14 years. One justification in the PIR is that the Thames tideway tunnel has been able to borrow at very low interest rates, but any fool has been able to do that for the past few years. Despite the lower than expected costs, the users of Thames Water will still have to pay for this big sewerage pipeline. Does my noble friend the Minister think that that is fair considering the amount of profits Macquarie and others have taken out of the company?

My final point is this. If the first Bazalgette were starting out now, he would certainly separate sewage from rainwater run-off, but that is difficult to re-engineer entirely now, so the tideway tunnel is the solution. However, does my noble friend agree that all new buildings and car parks must not put rainwater into the sewerage system but use seepage systems instead? Does he agree that we need more permeable surfaces, underground soakaways, rain gardens, attenuation cells and all the other technologies that let rainwater soak into the soil rather than flood the sewerage system?

Council of Europe: House of Lords Members’ Contribution

Lord Blencathra Excerpts

Wednesday 24th July 2019 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I congratulate my noble friend Lord Balfe on securing this important debate on a great British success story; namely, the creation of the Council of Europe and the contribution made by UK Members of both Houses of Parliament. The whole United Kingdom delegation is highly respected in Strasbourg.

I want first to thank two noble friends: my noble friend Lady Wilcox, who suggested that I apply to join the Council in the first place, and my noble friend the Chief Whip, who had the courage, if not the wisdom, to appoint me.

I can assure the House that every noble Lord on the Council serves on at least one committee and they more than pull their weight—I am amazed at the work they do. All the committees spend an awful lot of time drafting reports—far too many, in my opinion—and those reports get a fair bit of coverage, but they are not the most important thing that colleagues do.

The noble Lord, Lord Foulkes, works on the Venice commission. The noble Lord, Lord Anderson, is on the committee which selects judges for the Court of Human Rights—I am a part-time substitute for him on that committee. The noble Earl, Lord Dundee, had a role in a seminal report on culture and the noble Lord, Lord Russell of Liverpool, was selected to lead the delegation to monitor the elections in Ukraine last weekend. Of course, Ukrainians had walked out of the assembly in rightful outrage at the wrongful decision to readmit Russia, but it was the first time that a Peer had been selected to lead an election monitoring mission. These tasks are much more important than the reports, although not many people know that, as Michael Caine might say.

Having a great interest in elections and how they are run led me to apply for election monitoring. Last year, facilitated by the wonderful staff who organise election monitoring, the Council allowed me to travel to many countries. I was part of the team which monitored elections in Azerbaijan, then Turkey, then the stunning Georgia, then that failing state Bosnia-Herzegovina, and then the presidential elections in Ukraine in March this year. I could not manage to do Armenia and I did not think that my other, little dinky wheelchair could cope with the snow in Moldova in February—so I chickened out of that one.

In all these missions, we published our findings on whether elections were free and fair using international standards. In nearly all cases they were not, Turkey being a perfect example of a stolen election. The irregularities on the day were minor, but the dirty work had been done in the two to three years beforehand: locking up without trial one’s main opponent, owning or controlling 90% of the media, abusing all state resources for the political campaign, and banning any candidate, except Erdoğan, from appearing in a photograph with the Turkish flag. Other countries monitored also had rich oligarchs using their wealth and power to sway the results.

Such election monitoring missions are a crucial part of the work of the Council of Europe. The missions help to ensure that the universal values upheld by the Council of Europe are more widely known and that European states are committed to democracy, the rule of law and human rights. I understand that, since 1989, the assembly has observed more than 140 parliamentary and presidential elections in Europe and sent more than 1,800 parliamentarians to monitor them.

Let me thank the brilliant team in Strasbourg who organise the election monitoring missions: Daniele Gastl, Anne Godfrey, Franck Daeschler, Chemavon Chahbazian, Bogdan Torcatoriu and Sonia Sirtori—and there may be others. Not only do they draft reports for us but they organise all the teams to visit polling stations, and I am particularly grateful that they go out of their way to find accessible polling stations for me to get to in my little wheelchair. There is one other person whom I should mention. A brilliant number-cruncher from Sweden, Anders Eriksson, stays up all night of an election and number-crunches the hundreds of reports that we send in during the day. By 8 am next morning, he has a detailed analysis of every single thing which went right and wrong. That is what makes our reports so authoritative.

Finally, let me thank Nick Wright, the long-suffering secretary of the UK delegation, and his team for their fantastic work in getting all 28 of us—not just Peers—to more than 100 meetings all over Europe, with all of us travelling at different times in different ways. That is another great British success story. I laud the work they do in helping us make the Council of Europe so successful.