(3 years, 1 month ago)
Lords ChamberMy Lords, I will speak briefly to the amendment in the name of the noble Baroness, Lady McIntosh of Pickering. This amendment discusses the control and limiting of any potential damage to the environment by the construction of wind farms.
The UK is a global leader in offshore wind, with that energy source powering millions of homes across the country. It is also an area that the Government have identified for growth, with the world’s largest wind farm under construction off the north-east coast. Wind farms form an important part of our energy mix. We have heard concerns voiced about their impacts on the environment, including the potential disruption to ecosystems. The noble Baroness, Lady McIntosh, mentioned an important point: that the construction of offshore wind farms has meant a loss of 25% of fisheries. I look forward to hearing the Minister’s response to that point as well.
However, one can only assume that the construction of offshore wind farms must have had an impact assessment, and that it must have been done with some diligence—obviously, before the big announcement made by the Prime Minister when he launched the UK’s huge wind farm venture initiative and compared the UK’s wind farms to Saudi Arabian oil. I hope that the Minister is able to explain the work being undertaken by the department and reassure the noble Baroness on the construction of offshore wind farms.
I thank noble Lords for their contributions to the debate. This is an extremely important issue and the noble Baroness, Lady McIntosh, is right to raise it. In delivering net zero, it is crucial that environmental protections are maintained. I can assure her that existing planning processes are designed to ensure thorough consideration of cumulative effects prior to consenting. The need to consider cumulative effects in planning and decision-making is already set out in planning policy, in particular in the energy national policy statement, the marine policy statement, the habitats regulations assessment process and the infrastructure planning regulations of 2017, which cover the environmental impact assessment.
The regulatory framework also includes independent scrutiny by statutory nature conservation bodies—for example, Natural England. These regulatory frameworks ensure comprehensive identification and assessment of all significant environmental impacts, including the cumulative effects of the project, whether these be to the marine or terrestrial environment.
We have also brought forward amendments to the biodiversity net gain provisions in the Bill, extending the policy to terrestrial nationally significant infrastructure projects. As the noble Baroness will know, we have included provisions within the amendments to extend net gain to the marine environment once we have established the appropriate approach.
The noble Baroness asked a number of specific questions. The first was again in relation to the tension between inshore fisheries and offshore wind farms. Defra is working closely with Natural England, Cefas and the Marine Management Organisation to try to better understand the tensions and then consider the appropriate solutions. We have recently commissioned work looking at opportunities for co-location and are considering examples of good practice, such as the work done in Grimsby that enables fisheries and offshore wind farm operators to work well together. This also pays dividends for the marine environment, reducing the cumulative impacts of both.
The noble Baroness mentioned the example of the US Administration, who are currently considering a compensation scheme for the fishing industry as a result of losses incurred from the expansion of offshore wind developments. In the UK, offshore wind farm developers already pay disruption compensation to fishers temporarily displaced from their grounds by offshore wind construction. Members of the Defra programmes on offshore wind-enabling actions and marine planning are meeting US Administration officials and BEIS on Monday 20 September to discuss approaches to managing the deployment of offshore wind to minimise disturbance to the marine environment and other sea users.
The noble Baroness is right that onshore pylons are unsightly and, no doubt, not environmentally friendly. Electricity from offshore wind farms is transmitted to land, as she knows, via subsea cables. The offshore transmission network review, which was led by BEIS and Ofgem, is working to increase the co-ordination of offshore transmission to reduce the overall amount of new onshore infrastructure needed to meet the Government’s offshore wind targets.
Finally, the noble Baroness asked about decommissioning. Decommissioning is considered in the consenting process for offshore wind. In addition, Defra is discussing future options for decommissioning with developers who have programmes currently going through the consenting process. Some arrays may be repowered; however, other legacy infrastructure has been colonised and now provides important biodiversity benefits. We are working with the industry to understand how decommissioning can be delivered to maximise the gains while removing any unnecessary and avoidable pressures from the marine environment.
I hope that answers the questions that the noble Baroness asked and she feels sufficiently reassured to withdraw her amendment.
(3 years, 1 month ago)
Lords ChamberMy Lords, I declare my interests as in the register. It would be churlish of me not to congratulate my noble friend and the Defra Bill team on making these technical amendments. They were the recommendations of the Delegated Powers and Regulatory Reform Committee, which I am privileged to chair. On behalf of the committee, I thank the Minister and the Defra team for making them. One of the powers has moved from negative to affirmative—no big deal, but we are very grateful for it. The others are textbook examples of what departments can do to improve parliamentary scrutiny. We were not demanding that the SIs be affirmative or that they be negative; we were simply saying, “Please lay them before Parliament and publish them.” They have agreed to do so.
In the report that we publish today on the police and sentencing Bill, which the House will consider tomorrow, we will be scathing in our condemnation because the Home Office has failed to do those simple things in its legislation. Let this be a lesson to it on what can be done.
My Lords, it is a pleasure to follow the noble Lord, Lord Blencathra. I was going to prepare a 20-minute response to the Government’s amendments, but in the interest and spirit of getting to COP 26 faster, I will just say that we on these Benches welcome that the Government have listened to the Delegated Powers and Regulatory Reform Committee and accepted its recommendations, which will be good for everybody involved and the wider stakeholders.
I thank noble Lords for their short contributions to the debate, and I hope that they welcome these technical changes. I beg them to accept these amendments, so that they can become part of the Bill.
(3 years, 2 months ago)
Lords ChamberMy Lords, I thank my noble friend Lord Grantchester for his kind comments and for all his excellent advice and support on this issue.
This has been a very interesting short debate. I want to thank in particular the noble Earl, Lord Caithness, for speaking so passionately on soil health and management and for furthering the issue. From reading his contributions on this Bill and previously on the Agriculture Bill, it is evident that he cares deeply about this issue.
According to the Sustainable Soils Alliance, poor soil management releases greenhouse gases into the atmosphere which contribute 21% of total UK agricultural emissions. In contrast, healthy soils sequester carbon rather than releasing it, while also increasing resilience to floods and droughts.
We hope that the Minister will have taken note of the earlier amendment on soil health and will use it as an opportunity to bring forward a wider soil management strategy. The Government need to note the strength of feeling in the House and give this important issue its due attention, rather than leave it as an afterthought, which seems to be their current strategy.
What does the Minister plan to do to reverse the currently fragmented approach to soil policy? I know it has been said that the answer lies in the soil, but on this serious issue of a soil strategy, the answer lies with the Minister. I look forward to his response and the joined-up approach, as suggested by the noble Baroness, Lady Bennett of Manor Castle.
I thank all noble Lords for their contributions to this important debate regarding Amendment 18, tabled by my noble friend Lord Caithness. I thank him for his correspondence on this issue over the summer, for the discussions we have had and for his passionate speech earlier. I assure him that we of course remain committed to sustainably managed soils by 2030, as laid out in the 25-year environment plan and the action we are taking to get there. I will not repeat the case for soils, because we touched on that on Monday but also because we have heard some compelling speeches from the noble Baroness, Lady Boycott, the noble Lord, Lord Whitty, my noble friend Lord Caithness in introducing the amendment, and the noble Lord, Lord Khan, who made the critical point about the carbon values of soils.
I want to start by emphasising the actions I outlined in our debate on Monday which the Government are undertaking to improve soil health. We will produce a baseline assessment of soil health, which could inform a potential future long-term soils target. We are currently identifying soil health metrics to complement a future soil health monitoring scheme. The Path to Sustainable Farming: An Agricultural Transition Plan 2021 to 2024 sets out examples of the types of actions that we envisage paying for under the schemes, including soil management, such as the use of cover crops. I described in Monday’s debate the England Peat Action Plan, which we published in May. This sets out the Government’s long-term vision for the management, protection and restoration of our peatlands, which are crucial carbon stores, as well as—to respond to the noble Lord, Lord Grantchester—our commitment to end the use of peat in amateur horticulture by the end of this Parliament.
However, I would like to add to my remarks from Monday. The Government recognise both the strength of feeling expressed by many noble Peers from across the House and the critical importance of this issue. Soils matter of course in and of themselves, but they underpin, quite literally, the improvements that we will have to see right across the environment, as well as being critical for agriculture and, by extension, food security.
I am therefore pleased to announce that the Government will publish a soil health action plan for England. The plan will be a key plank in our efforts to halt the decline of species by 2030, as well as meeting our long-term legally binding targets on biodiversity. As we have heard from a number of noble Lords in this debate and in the debate on Monday, our soils are in a perilous position. The action plan will be crucial in driving progress across government to restore the health of our soils. We will set out further details of what the plan will contain by the end of this year.
I repeat my thanks to my noble friend Lord Caithness for having applied the pressure on this issue in the way that he did. To quote the noble Baroness, Lady Bennett, campaigning works from time to time. I hope that this new announcement and my comments in our earlier debate reassure my noble friend and others in the House. I beg him to withdraw his amendment.
(3 years, 2 months ago)
Lords ChamberMy Lords, the noble Baroness, Lady Bennett of Manor Castle, has spoken eloquently on this issue, both in Committee and during this stage of the Bill.
By failing to list soil health alongside air, water and biodiversity in the Bill, the Government have missed the opportunity to list the important aspect of monitoring soil health as a means of improving the environment. I hope that they can address this and show that they mean business by giving the important issue of soil health the attention it requires. We are all aware of the firm commitment to improved soil health in the new Agriculture Act, yet, to reverse the degradation of our soils and return them to a healthy state nationally, we need a long-term commitment to monitoring at both the farm and national level.
The simple truth is that, without a functioning monitoring programme, we are being kept in the dark over the state of our soils. A freedom of information request made by the Sustainable Soils Alliance revealed that, unlike for water and air, no single policy instrument exists to improve and protect them, and they are suffering as a result. As a BBC article states, the alliance discovered that
“just 0.41% of the cash invested in environmental monitoring goes on examining the soil”—
a point also made by the noble Earl, Lord Caithness. The article goes on:
“That’s despite the fact that soils round the world—including in the UK—are said to be facing a crisis. The figures are startling: £60.5m goes to monitoring water quality, £7.65m to checking on air—but just £284,000 to auditing soil … Its director … told BBC News: ‘This figure is staggering—but not surprising. It reflects the widespread under-investment in soil health compared to air and water. We could be actually saving money—and the environment—by investing in soil monitoring because understanding soil would tell us a great deal about the health of our water and air too.’ … A report by the Commons Environment Audit Committee in 2016 warned that some of the UK’s most fertile fields were losing so much soil they could become unproductive within a generation … The Department for Environment, Food and Rural Affairs (Defra) told BBC News”—
this was in March last year—
“it was planning to design an indicator for healthy soils, and to establish a new national soil monitoring scheme. It says powers in the Agriculture Bill could be used to support the monitoring.”
What is the update on this? Currently, we see no evidence that Defra will commit to funding soil monitoring.
The noble Lord, Lord Deben, made the point that we just have not heard enough from Defra. My noble friend Lord Whitty said that there can be no time for excuses from Defra. What does the Minister plan to do to address the concerns of the noble Baroness, Lady Bennett, and noble Lords across the House regarding the lack of references to soil health in the Bill, and to ensure that soil health is not left as an afterthought? I know that he will refer the House to the power in Clause 1 to give the Government the ability to
“set long-term targets in respect of any matter which relates to … the natural environment, or … people’s enjoyment of the natural environment.”
However, this power must be used actively to focus government action on environmental improvement in areas where the need is greatest.
We urge the Government to address the clear desire for stronger action on monitoring soil health through the target development process that the Bill will establish. This must be done holistically and transparently with early and effective stakeholder engagement. The Government should publish a timetable and plan for how they intend to progress targets. On current performance, they are failing soil health and, ultimately, the environment.
I thank all noble Lords for their contributions to this important debate, and the noble Baroness, Lady Bennett of Manor Castle, in particular, for tabling Amendment 2 on soil health. She made a compelling speech, as she did in a previous session, describing soil as an ecosystem in its own right: an ecosystem—or ecosystems—that we are plundering and destroying at an extraordinary rate of millions of tonnes every year.
It is often cited as an example of extraordinary human progress that we have managed to treble food production in the past 40 years, and that is true, but we have done so at the expense, undoubtedly, of many future generations. It is the case, as the noble Lord, Lord Whitty, pointed out, that many of the bread baskets of the world have been pretty rapidly converted into deserts. According to the latest data that I have seen, at least 500,000 small farmers in the world are currently having to deal with diminishing yields as a consequence of their impoverished soils. As a Minister in the FCDO with some responsibility for part of our ODA budget, this is something I am trying very hard to shift the focus towards, so that it is a problem that, I hope, the UK will be able to have a positive impact on.
Bringing this back to the domestic, I would like to reassure the noble Baroness, Lady Bennett of Manor Castle, that we are working out now how to develop the appropriate means of measuring soil health. It is complicated but we are doing that work and its results could be used to inform a future soils target. However, as I outlined a number of times in Committee, long-term targets set under the framework of the Bill have to be capable of being objectively measured. If we commit in the Bill to setting a target by 2022, without the reliable metrics needed to set a target, and then measure its progress, we could be committing to doing something that ultimately we cannot deliver or might not even know whether we have delivered it. We therefore cannot commit to set a soil target in the Bill, but I can assure the noble Baroness of a number of things.
The first is that we are focusing our efforts already on developing a soil health measuring and monitoring scheme, which will produce a baseline assessment of soil health against which change can be measured. This, as I said, could inform a future long-term soil target. Secondly, we are currently identifying soil health metrics as the basis of a healthy soils indicator. This will complement a future soil health monitoring scheme by providing a straightforward measure—
My Lords, the noble Lord, Lord Randall of Uxbridge, has made important and eloquent points in relation to light pollution throughout the passage of the Bill. Not only is this crucial for our insects and wildlife, but it is important that we can see the stars and better understand our place in the universe.
The 25-year plan for the environment states:
“We must ensure that noise and light pollution are managed effectively.”
However, no indication of how existing light pollution will be reduced has been proposed by the Government and, as the noble Lord, Lord Randall, indicated, the Environment Bill does not currently offer a suitable location for this form of pollution. The Minister needs to acknowledge and deal with this important area, as encouraged by the Government’s draft environmental principles, encompassing both precaution and prevention.
The briefing from Buglife, which, to be honest, the noble Lord might have authored himself, stipulated that light pollution is a real contamination of our environment. It affects not only human, animal and bird health but insect health—not only how they function but how they can act as pollinators. There are serious environmental consequences of light pollution.
In Committee, the Minister’s response did not acknowledge the overwhelming evidence of environmental and health damage, focusing narrowly on uncertainty about whether it has been proven that light pollution is a main driver of insect declines. I know we cannot vote on everything we care about, as we will never finish the Bill, but I use this opportunity to ask the Minister again what action the Government will take to reassure us and provide clarity on how they will reduce the impact of light pollution on nature and people’s enjoyment of it.
Existing UK law and regulations relating to light pollution do not provide sufficient guidance and are not strong enough to tackle its increasing impact. There are now several examples of countries that have introduced a national policy on light pollution, such as Germany, France, Mexico, South Korea, Croatia and Slovenia. Will the UK also produce a national plan intended to prevent, limit and specifically reduce light pollution, including a series of targets and a programme of monitoring?
I thank all noble Lords for their contributions to this debate and particularly the noble Lord, Lord Randall of Uxbridge, for his Amendment 3.
As my noble friend campaigned for, the Bill requires the Government to set a legally binding target to halt the decline in species abundance by 2030, and we will talk more about that shortly. But to meet a species abundance target we will need to address the multiple interacting causes of nature’s decline, including light pollution. This does not mean that we need to or should set targets for each and every cause of nature’s decline. The species abundance target will drive the right mix of policies and actions. For light pollution, this includes measures such as planning system controls for street lighting improvements. Through the designation of the dark sky reserves that a number of noble Lords mentioned, we are also working to protect exceptional nocturnal environments that bring great natural, educational and cultural enjoyment to members of the public.
The noble Lord, Lord Randall, made a compelling case, as he did in Committee. I should start by saying that if I appear to play down the importance of light pollution, the seriousness of the issue or its impacts on a whole range of things, including biodiversity, that certainly was not my intention. I say that in response to the comments from the noble Lord, Lord Khan, as well. The noble Lord powerfully summarised the impacts of light pollution. He gave the example of insects in Germany, the turtle hatchlings which a number of us saw on that powerful Attenborough programme, and bats. I also saw the Buglife briefing, which was full of examples as to why this is such an important issue. I thank the noble Lord for bringing some of those recent papers to my attention. I can tell him that my officials are already in touch with many of the academics and researchers behind that work, as well as with the NGOs that have been cited by him and others. That work is happening.
Although I cannot accept the amendment, I can commit to the noble Lord that we will continue to take action both to minimise risks and to improve our understanding of the impact of light pollution. We will continue discussions with PHE—Public Health England—and DHSC, focusing on the impact of light pollution on human health and the best approaches with which to tackle it. I am also happy to relay the noble Lord’s points on the planning system and light pollution to ministerial counterparts in MHCLG, and I will ensure that his remarks both now and from a couple of months ago are conveyed to them.
It is probably worth noting that the National Planning Policy Framework includes consideration of the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation, but I do not think anyone pretends that this is an issue that has historically received the attention that it should. I hope that, using his powerful words, I will be able to move things a bit in MHCLG. I am also happy to confirm that we will continue to work with our academic partners to keep emerging evidence under review, and the Government can set a target in secondary legislation if it is judged to be the best way to deliver long-term environmental outcomes and subject to this review.
I hope this has reassured noble Lords that the Government are taking serious action to act against light pollution and that they agree that these amendments are therefore not necessary. I hope this reassures noble Lords and I beg the noble Lord, Lord Randall, to withdraw his amendment.
(3 years, 4 months ago)
Lords ChamberMy Lords, it is a pleasure to follow the noble Lord, Lord Teverson. I shall speak to Amendments 103 and 114 in the name of the noble Baroness, Lady Parminter, and Amendment 109 in the name of the noble Baroness, Lady Jones of Moulsecoomb—whose final reply in the earlier debate on Monday was very candid.
In normal times, one would hope that something like Amendment 103 would not be needed. As the noble Lord, Lord Teverson, and my noble friend Lord Rooker said, it should be accepted; it is a given. The ability of experts to advise Ministers should be central to how government functions each and every day. However, it seems that expert advice does not carry the same weight with certain Ministers as it once did. Amendment 103 is therefore most welcome.
While the OEP will have a specific remit given to it by the Bill, it appears entirely reasonable that it should also act as a general champion for the natural environment. Amendment 103 would clarify that the OEP is empowered also to give advice to Ministers on other natural environment matters. The amendment would broaden the reach of Clause 29(3) by increasing the discretion afforded to the OEP on how it exercises its advisory powers and enable it to advise Ministers on a fuller ranger of matters, improving the evidence-gathering and assessment process on important policy decisions. When the body was first announced, we were told that it would be given licence to engage with and freely challenge Ministers. The amendment would be one means of giving statutory backing to that commitment.
Amendment 109 returns to an issue that has been discussed at length. As the noble Baroness, Lady Jones, made clear, it is about accountability and transparency. The issue was discussed at length during debates on EU exit statutory instruments under the European Union (Withdrawal) Act 2018, where references to the European Commission in domestic law and retained EU law were to be replaced by supposedly suitable domestic alternatives. However, in some cases, this has left Secretaries of State reporting to themselves or to bodies over which they have responsibility or, in some cases, not having to report at all. We reluctantly accepted this as a short-term logistical fix, in part because assurances were given that as domestic bodies were established, they would begin to take on some responsibilities previously held by the Commission. Given the challenges to retained EU law, we are not certain that this amendment would function exactly as hoped, although it enables the Minister to clarify how Defra plans to meet its previous commitments and whether it has any plans to allow the OEP to undertake the kind of review envisaged in subsection (2) of the proposed new clause.
Finally, Amendment 114 would remove the “Excluded matters” list in Clause 45 to ensure that the term “environmental law” has the broadest possible application.
We strongly welcome the tabling of this amendment. I am grateful to the noble Baroness, Lady Parminter, whom we wish well, as she has been “pinged” today. We appreciate the case she made at the beginning of this debate.
I thank noble Lords for their contributions. Before I start, I would like to wish my noble friend a very happy birthday and thank her for spending it with me on these Benches. That is very kind.
I thank the noble Baroness, Lady Parminter, for tabling Amendment 103 and for her compelling speech on Monday. I appreciate the amendment’s intention. The concern is that it could be duplicative, and I would like to direct her to Clause 19, which already places requirements on the OEP to give advice, on request, to Ministers on any matter relating to the natural environment and, on request or on its own initiative, on any proposed changes to environmental law. It builds on Clause 28(2), which gives the OEP the power to report on
“any matter concerned with the implementation of environmental law.”
It is in these areas that the OEP will have the greatest expertise, and that its advisory and reporting roles should be focused. To be clear, this will include planning legislation where it relates to the environment, including environmental impact assessments, strategic environmental assessments and all the measures in the Bill relating to planning. Other bodies, such as Natural England and others, have functions to advise government on matters concerning the natural environment. Amendment 34 would risk duplicating this and directing the OEP away from its core functions.
Turning to Amendment 114, also tabled by the noble Baroness, Lady Parminter, Clause 45 is vital in defining and establishing the OEP’s remit, and each of these exemptions serves important purposes. Clause 45(2)(a) excludes the
“disclosure of or access to information”
from the OEP’s remit in order to avoid overlap with the remit of the Information Commissioner’s Office. The exclusion of legislative provisions concerning the Armed Forces and national security is important to the protection of the country. Such legislation would concern highly sensitive matters and it is therefore appropriate to restrict the OEP’s oversight and access to information in such areas.
However, public authorities such as the MoD would not be exempt from scrutiny by the OEP in respect of their implementation of environmental law, including in respect of SSSIs and the MoD’s statutory duties in the Countryside and Rights of Way Act. It is clear to us—this is a point made by a number of noble Lords—that the MoD, as one of the country’s biggest landowners, has a direct impact on the natural environment. We will need to be absolutely confident that the exemptions do not in any way loosen the MoD’s responsibilities for managing those natural assets.
Turning to Clause 45(2)(c), legislation regarding
“taxation, spending or the allocation of resources”
is developed by HMT and needs to be developed with the flexibility to meet the nation’s revenue requirements. However, the spending of government resources may well be a relevant consideration in the OEP’s review of the implementation of environmental law, and it may refer to this in its scrutiny and advice reports to government. Additionally, legislation relating to regulatory schemes such as the plastic bag levy is not part of the exclusion and is within the OEP’s remit.
Turning to Amendment 109, following EU exit, Defra’s secondary legislation programme ensured that reporting requirements in EU legislation were generally converted into a requirement to publish environmental information online, meaning that information about the environment will be publicly available.
Additionally, when we left the EU our domestic legislation was updated to meet domestic rather than EU objectives. For example, where EU law required the UK to report to the European Commission on pesticides residue monitoring, our domestic legislation now provides for an equivalent national report to be published online and, therefore, to be made public.
I should add that if the Government wished to seek the OEP’s advice on matters relating to environmental law, including on reporting arrangements, it could do so under provisions made in Clause 29.
I hope that this goes some way to reassuring noble Lords that the amendment is therefore not needed. It could serve to blur the lines or even distract the OEP from the core functions it will be required to undertake. I ask therefore that the amendment be withdrawn.
(3 years, 5 months ago)
Lords ChamberMy Lords, it is absolutely right that this House will want to subject the Bill to full and proper scrutiny, but I hope noble Lords will agree that it represents a giant step forward in environmental protection: whether through biodiversity net gain, record-breaking targets, local nature recovery strategies, conservation covenants or the office for environmental protection. There is a whole package of measures to take us towards a zero-waste society. Of course I will approach debate on the Bill with an open mind, as all Ministers should, but it is already an important piece of work.
The range of topics raised on Second Reading, coupled with the number of amendments tabled since, highlights the gap we have long identified between the Government’s promises and proposals. The Minister has been refreshingly honest about the challenges our climate and ecological system faces, but does he accept that to get this Bill passed in a timely manner and ensure it is fit for purpose, the Government will have to compromise?
My Lords, very few pieces of legislation enter the process in exactly the same form as they end it. To that end, a number of changes have been introduced already in the Commons on due diligence obligations—a world first—on dealing with our international footprint, and amendments on the organisation of the OEP and species conservation strategies. A number of amendments have been tabled in recent days for the remaining stages here in the Lords on species abundance targets, nature targets and much more besides. So, of course, the Bill will improve over time.