Environment Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Wednesday 14th July 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I will not detain noble Lords for long. Suffice it to say that I supported a similar amendment in the Fisheries Act that was also tabled by the noble Lords, Lord Teverson and Lord Krebs. As the noble Lord, Lord Teverson, said in his speech on Monday, this is just as much in the interests of monitoring what species are caught, not just fish but by-catch such as cetaceans and sea-birds. I will be very interested to hear what the Minister has to say about the consultation. I do not share the gloomy aspect of the noble Baroness, Lady Jones of Moulsecoomb, on this issue; I know these things take time and I am sure the Government want to move forward with this. I look forward to hearing from my noble friend.

[Baroness McIntosh of Pickering (Con)]

My Lords, I commend the amendment and thank the noble Lord, Lord Teverson, for having moved it so eloquently. I endorse everything he said. I have visited ICES in Copenhagen a couple of times and have been hugely impressed. It has had a lot of footfall over the years from visitors such as the Scottish fishermen, and I think its research is first class. I am delighted that, having left the European Union, we continue to rely on ICES for the excellent research it produces.

I would like to ask my noble friend one question for when he comes to sum up the debate. I know that in the fullness of time, if maybe not in the context of this Bill, remote electronic monitoring will be used on all vessels in British waters. Can he confirm that it will be an essential criterion for the issuing of licences to fish in British waters that the vessel will be fitted with remote electronic monitoring equipment?

Environment Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Monday 12th July 2021 Lords Chamber

As for the amendment in the name of the noble Earl, Lord Caithness, about the power to amend, update or withdraw being given to Natural England, its value really speaks for itself. It may be said by the Minister that it is unnecessary, but there is no mention of any power to amend, update or withdraw in the recently published factsheet. An assurance by the Minister that Natural England will have this power anyway, and an explanation of where it is to be found, would be very welcome. Unless the Minister can do that, I hope that he will accept this very sensible amendment, to add clarity to the Bill.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I am delighted to be speaking in this short debate. I added my name to Amendment 235, so well introduced by the noble Lord, Lord Krebs, but I have very little to add to what has been said.

The poor old great crested newt, which keeps getting mentioned, has had a bit of a bad press. I think it is because of its name, people saying that some of our laws and regulations make it difficult for developers and that “you only have to find a great crested newt and that will stop it”, but even if it is not a flagship iconic species, it is just as valuable. I mentioned the great crested newts of Uxbridge in my maiden speech in the other place in 1997. We have them in several very small pond reserves belonging to either the London Wildlife Trust or the Herts and Middlesex Wildlife Trust.

I say to my noble friend Lady McIntosh of Pickering, speaking as a member of the Bat Conservation Trust, that bats have a highly protected status. They are easily interfered with. There is an active “bats in churches” study group, because bats can cause disruption within churches, causing dismay to congregations, but they are far from common and increasing. Only the other night I was delighted to use my bat detector to discover some pipistrelles, the commonest species, flying around the garden. We must be careful.

However, I support the idea that we want to be flexible in some of these areas. There are species that may start off needing complete protection but do very well, and their position then endangers other species. My noble friend Lord Caithness put it very well when he talked about managing these things. It is a mistake to think that we can just let nature take care of itself. The majority of our landscapes and habitats are manmade. We interfere and if we are not careful, what we do can cause even more problems.

I had forgotten about Amendment 293A. As the noble Lord, Lord Browne of Ladyton, said when introducing it, it is perhaps not in context with some of the others. I do not agree with the noble Earl, Lord Devon, that we need more time. We have had as much time as possible. The toxicity and the need to stop it has been raised for years. I have been active on this for many years and my impression is that the game shooting organisations know that this is coming and will be prepared for it. I have spoken to cartridge makers and so on. They have alternatives. A lot of the ideas about the alternatives not being as good have been proved incorrect. To score some points back with my noble friend Lady McIntosh of Pickering, the Danes have got it right. It does not interfere with the sport. It is a toxic thing that should be removed.

If my noble friend the Minister wants some help on this, perhaps he can speak to the Treasury. If it could put an incredible surcharge on lead shot, perhaps we could force it out of the market, but the best way is to start by saying that it should not be used for killing wild animals and birds. The toxicity of clay shoots is terrible because it is in the same area. In various places they have had to close while they detoxify the area. It is appalling and incredible that in the 21st century we still allow this toxic chemical to enter the food chain of not only wildlife but humans.

I say to the noble Earl, Lord Devon, that I welcome the use of game in diet. It is a great thing, but we should not be doing it while there is lead in there.

[The Earl of Shrewsbury (Con)]

My Lords, I will speak to Amendment 293A tabled by the noble Lord, Lord Browne of Ladyton, whom I congratulate on bringing this matter forward. I have added my name to the amendment. I declare an interest as a former chairman of the Firearms Consultative Committee at the Home Office. I am a liveryman of the Worshipful Company of Gunmakers, a former chairman and former president of the British Shooting Sports Council, a former president of the Gun Trade Association and a member of BASC and the GWCT. I hope your Lordships will deduce that I know a little about shooting and lead shot.

As we have heard, lead is acknowledged as a poison. It is banned in paints, petrol, fishing weights, water and a raft of other products. Recently, nine major quarry shooting associations—as I said, I am a member of BASC—came together in a statement, saying that their intention is for the shooting sports to cease the use of lead shot, or toxic shot, within five years. Waitrose, the supermarket chain, has told me that it will sell only game shot with non-toxic shot from next year. The National Game Dealers Association, which sells the vast majority of game-bird meat and game meat in general intends to do the same by July 2022. The vast majority of my game-shooting friends and acquaintances, and the majority of those to whom I speak in the game-shooting world, are already planning to move to non-toxic shot in the coming season, including myself.

The technology of steel shot, biodegradable wads and recyclable cartridge cases is being rapidly moved forward by cartridge manufacturers such as Eley Hawk. Indeed, I am personally actively making the switch as quickly as I can. The move away from lead shot is gaining momentum all the way through America, Europe and other countries.

As the noble Baroness, Lady Bennett of Manor Castle, said, the Lead Ammunition Group recently conducted a major inquiry into lead in shooting. I have to say that it was not done just by the bird-watching enthusiasts, as she said; it was actually done by the shooting world as well. It was led by a gentleman called John Swift, who happened to be the chairman of BASC at the time, so I think that it ought to have a little credit for that.

We have been around this lead racetrack, so to speak, ad infinitum. I repeat that lead is a poison—we all know that. It should not be permitted to enter the food chain, full stop. I agree with noble Lord, Lord Krebs, entirely: Her Majesty’s Government need to place all in the game-shooting industry in a position where they know with what timescale they must comply. This would give assurance to them and mean that they can make the changes necessary. Many of them will have to retool equipment—as I say, lead shot is on its way out—and manufacturers such as Eley Hawk are having to change their ways, and are doing so very successfully.

However, this does not happen overnight. Many guns—London Best guns, for instance—that were built a long time ago to shoot lead shot cannot shoot steel shot, so that has to be looked into as well. This is quite a complicated subject—not an easy “We’ll do it today” job. If the Government were to make up their mind and push the shooting industry into this a little harder, with a date that we know we comply with, that would be a very good thing, and I would strongly support it.

The market for game and game meat is of course substantial. The game dealers and the supermarkets are changing their ways. Waitrose tells me that, by the time it goes toxic-shot-free next year, it may well be able to sell more than a million more game birds— that is just one supermarket chain. That is good for the shooting industry. We need to be able to find decent new markets where we can sell this excellent low-calorie meat.

I am very aware that this amendment probably requires further work, so I ask my noble friend the Minister—we had a brief conversation outside the Chamber before this debate started—if he would very kindly meet with the noble Lord, Lord Browne, and me as soon as possible to discuss this further before Report.

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[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, I have received one request to speak after the Minister, from the noble Lord, Lord Randall of Uxbridge.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I heard what my noble friend the Minister said regarding the amendment in the name of the noble Lord, Lord Browne of Ladyton. Does he not agree that even if we banned the use of lead ammunition in killing wild birds and animals, although it would not address target and clay pigeon shooting, surely that would set the whole thing off? Would it not be a great first move to make?

[Lord Goldsmith of Richmond Park (Con)]

I am very keen for us to make progress as quickly as we can. I understand frustrations with the REACH process. My understanding is that that process is best placed to deliver the change we need despite the time that it takes. If it is possible to move more quickly, given that we know that the science is pretty clear and that alternatives exist, I would certainly be open to pursuing those opportunities. If my noble friend would like to join me in my meeting with my noble friend Lord Shrewsbury, he would be very welcome.

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[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is always a pleasure to follow my noble friend Lord Cormack. I can immediately make him an offer: once full service is resumed, as I hope it will be soon, I will entertain him and Professor Wilson, and I could bring along someone from the Bat Conservation Trust to show that there is a middle way here. I do not know whether he was in his place during that last debate, when I explained my interest as a trustee of the Bat Conservation Trust. I recognise his genuine concerns, but at some stage we could probably have a good discussion over a cup of coffee and a sticky bun.

I added my name to Amendment 256 in the name of the noble Lord, Lord Krebs, who said everything I need to say, really—I support his sentiments entirely. I also express my concerns about Clause 106 standing part. I do not see it, as my noble friend Lady Neville-Rolfe does, being in any way a Brexit-related matter, just one of making sure that we in this country can have the best conservation and protection for our natural environment and species. Whether that was afforded in the EU, I do not know. I have not always been the greatest fan of some of its regulations, not so much because of the regulations themselves but because of the way in which they were implemented. The Bill is a fantastic chance for us to get ahead of our European neighbours on this.

I also completely endorse the views and sentiments of the noble Baroness, Lady Boycott, on the Swanscombe proposals. I brought up this matter in your Lordships’ House a while ago and we need to take it very seriously, because it is a prime example of something that maybe does not immediately look like the most appealing of natural environments but actually has the most marvellous biodiversity. Once it is gone, it is gone—and what for? A theme park. Is that really how we want to look after our nature?

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow my noble friend, and I pay tribute to his work as a trustee of the Bat Conservation Trust. I press my noble friend the Minister to respond to the concerns I raised in the debate on the Amendment 234 group and ask for his confirmation that a greater balance will be achieved between the interests of bats and humans in the context of the closure of St Hilda’s Church at Ellerburn. It is extremely important that the parishioners of that and other churches know that their interests will not be subordinated to those of bats.

I associate myself with the amendments in the name of my noble friend the Duke of Montrose and the amendment tabled by the noble Lord, Lord Krebs, and his co-signees, which proposes that Clause 106 do not stand part. I associate myself with all the comments made by my noble friend the Duke of Montrose on his amendment. I need say nothing more than that I support and applaud the idea, set out in his amendments, of achieving sustainable development and a balance between different uses. In particular, I support the words of the noble Earl, Lord Devon, in support of farming and the rural economy, and I hope that this group of amendments will place on record our desire that a balance be achieved.

In addition to my question about bats in the belfry in the context of St Hilda’s Church at Ellerburn, I press my noble friend the Minister to confirm the reason for the urgency for Clause 106. I understand from the noble Lord, Lord Krebs, that it was added at quite short notice and without any consultation, which is always slightly worrying. Can the Minister confirm—my noble friend Lady Neville-Rolfe hit the nail on the head—that this is, to a certain extent, a consequence of the EU directive on habitats being retained in UK law? Paragraph 955 on page 118 of the Explanatory Notes, which my noble friend the Minister is always keen that we read—I am one step ahead of him in this regard—says:

“The national site network of European sites provides protection for habitats designated for a particular purpose and supports delivery of international and domestic biodiversity objectives.”


I imagine that one of the main thrusts of Clause 106 is to ensure that that list is kept under review—by granting the Government the power to keep it under review—now that we have left the European Union. I urge my noble friend the Minister to continue to obtain a balance between the uses and the different interests that will be exercised in this regard.

How will the habitats regulations be applied when it comes to the planning Bill, which is coming before the House in short order?

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Finally, we need to recognise that if we want to achieve these massive tree-planting targets, commercial woodland, not amenity woodland, is the key. No doubt there are philanthropic owners who, together with farmers and others, will plant trees either in existing woodland or in field corners supported by ELMS. But in order to attract serious long-term investment, we need a more open approach which recognises that the profit motive is essential. There will be huge demand for timber for the building trade and the like as we try to limit steel and cement due to their carbon footprint. An owner of commercial woodland can see that, ultimately, the value of his timber will rise substantially. He may not receive a current yield on his investment, but the appreciation will be reflected in the capital value of his woodland or forestry. The same is not the case for amenity woodland. Surely this is the way forward, in that it ticks all the boxes of carbon benefits, biodiversity, supply of a product in great demand and a decent investment. Of course, balance is everything. That is something that is underplayed in Amendments 258 to 260, which is why I oppose them.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is very difficult to follow the noble Lord, Lord Carrington, with his expertise and knowledge—much as previous speakers. I share his love of the Chilterns, not only because of the hanging beech woods, where I have often wandered around looking at the orchids, butterflies and other biodiversity, but because, about four generations ago, my family sold furniture that had been made from the beech in those Chiltern woods.

I speak, first, to Amendment 258. I was initially attracted to this because, as we have heard, the importance of ancient woodland is well understood. I was fascinated to hear the epiphany of the noble and learned Lord, Lord Hope of Craighead, following his excellent chairmanship of the HS2 committee—I am glad that something good has come out of HS2 for once—which was almost matched by the Damascene conversion of the noble Lord, Lord Teverson, in his previous incarnation as a purveyor of peat. However, to me, this is about protection; whether it is a SSSI or ancient woodland, this is about whether we can protect them adequately.

As they say on news programmes, “While we’ve been on air,” though I think it was probably earlier today, I have discovered that 553 acres of privately owned woodland—I do not know if it is ancient woodland—is going to be taken, it is reported, by Center Parcs to open a new site. This area is, I think, a SSSI; it has Schedule 1 breeding birds such as honey buzzard, goshawk, firecrest, hobby and crossbill nesting there, as well as threatened species such as redstart, nightjar and lesser spotted woodpecker. I do not know how protected this will be—we heard in the previous debate from the noble Baroness, Lady Boycott, about Swanscombe peninsula and the threats there. If the designation means protection, that is obviously a good thing, but if it is just another designation that does not help, is it necessary? I have listened to the other arguments and I am not sure whether this is necessary. Normally, when it comes to woodland issues, the noble Baroness, Lady Young of Old Scone, has a lot going for her, so I am tempted by her amendment.

I move on to Amendment 259. Again, we have talked a lot about biosecurity. The idea that this should be British trees initially appeals. However, the arguments about climate change and the amount of capacity that we have with British growers—as the noble Earl, Lord Devon, and others mentioned—are also compelling. The problem is not so much that they are being imported and grown elsewhere but in the actual word “biosecurity”; it is about what they may bring with them. One thing that is a problem is whether we have enough inspections for such things. There are a lot of bad things that are brought in—not just viruses or plant diseases but parasites as well. I am sure that many noble Lords know about the Obama worm, Obama nungara, which is a South American species that is very bad for invertebrates that are very helpful to horticulture. They came over, there are large numbers in France and we have now found them here. They have been coming in the soil; they are not necessarily visible. I do not know what the answer is—perhaps quarantine or something else—but it is too simplistic, I fear, to say that we must restrict ourselves to British-grown trees, however inviting that might seem.

Finally, I would like to say a few things about Amendment 260A. I agree entirely about the problem of grey squirrels. My noble friend Lord Blencathra mentioned muntjac, which not only have been a terrible curse for my noble friend Lady Neville-Rolfe’s roses—we suffer from that in our own suburban garden here in Uxbridge—but have been devastating the habitat of many birds. I think they are attributed to the decline of the nightingale, certainly in Norfolk and elsewhere, because they are eating that habitat.

I have a solution, possibly for the grey squirrels and the muntjac—and that other invasive species we are not talking about because it has nothing to do with trees, which is the signal crayfish—and that is that they are all excellent to eat. If we could just get the muntjac and grey squirrel shot, but not with lead, we could probably do a good service. Muntjac is particularly tasty.

I think it was the noble and learned Lord, Lord Hope of Craighead, who talked about plastic tree guards. There are now surveys looking at jute and wool tree guards, which may be the answer to that. Certainly, there is a problem. Some people will say that too many deer is a reason to introduce lynx—I am not sure whether that would be very popular in Sussex, or elsewhere, but I have a great deal of sympathy with Amendment 260A. I am very interested to hear what the Minister has to say, and I will not detain the Committee any longer.

[The Earl of Caithness (Con)]

My Lords, I have added my name to three amendments: Amendments 259 and 260 in the name of the noble Baroness, Lady Young of Old Scone, and Amendment 260A, in the name of the noble Earl, Lord Kinnoull. I have listened carefully to this very interesting debate.

The noble Lord, Lord Carrington, put his finger on it when he talked about the need for commercial forestry in this country. I have spoken a lot in the past about forestry. We are not good foresters in this country—we have the ideal climate for growing trees, and we do grow trees, but we are not good foresters, and that is why our timber is in the bad condition that it is. In Amendment 260, the noble Baroness, Lady Young of Old Scone, proposes that the Government introduce a tree strategy. That will be hugely important because whenever we have mentioned trees recently my noble friend Lord Goldsmith has said, “Well, there is plenty of room beside riverbanks and stream-banks and unfarmed bits of land.” Yes, there is, but those are amenity trees and nothing to do with commercial woodland. We are the number two world importer of timber, which is a very bad statistic for the UK to have.

The problem with the idea of the noble Lord, Lord Carrington, for commercial woodland was rightly exposed by the noble Earl, Lord Devon, who said that commercial woodland is unprofitable: nobody is growing hardwood timber commercially any more. You cannot, because of pests and diseases. That is why Amendment 260A is so important, as is Amendment 259, which deals with biodiversity.

The noble Baroness, Lady Young of Old Scone, said that there are pests and diseases for every native hardwood. If that is the case, and the Government’s strategy is what it is, commercial hardwoods have seen their day in this country. That is a terrible thing to have to say but, sadly, it is the truth. Not only do we need a tree strategy; for that we need a land strategy, because 20% of agricultural land will come out of production to go into forestry and biodiversity. Where is it going to happen? We do not know; this is all a bit pie in the sky from the Government.

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Moved by

[Lord Randall of Uxbridge]

260B: Clause 109, page 108, line 37, at end insert—
“(ba) paragraph 3;”Member’s explanatory statement
This amendment would change the parliamentary procedure for making regulations to specify requirements for the due diligence system to the affirmative procedure.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I speak principally to my Amendments 260B, 260C, 265B and 265C. Bearing in mind the hour, I will try to make this brief, but they are on important issues.

In the 25-year environment plan, the UK Government articulated an ambitious set of goals and actions for the UK, including the commitment that

“our consumption and impact on natural capital are sustainable, at home and overseas.”

I believe that the Environment Bill should reflect this commitment but, sadly, I do not think it adequately does. The goals and actions must be strengthened to tackle the growing problems caused by deforestation and drive action to significantly reduce our global footprint.

Due diligence legislation is only part of the comprehensive approach that will be needed to deliver deforestation-free supply chains and significantly reduce global footprint impacts more broadly. A mandatory due diligence framework should formalise and obligate responsible practices throughout UK market-related supply chains and finance to ensure comprehensive accountability and help prevent deforestation and other global environmental damage.

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These due diligence measures show, as I said earlier, that the UK is a world leader and is serious about tackling illegal deforestation in our supply chains. But I reiterate that deforestation is a global issue that requires global collaboration. We need a shift in the entire global market, if we are to protect the world’s precious forests. As COP 26 co-president, the UK has launched the forest, agriculture and commodity trade dialogue, which I mentioned earlier; we will work with other Governments to discuss and agree an inclusive vision and road map to take actions globally on forests, agriculture and the commodity trade. In the last few weeks alone, that process has already yielded results beyond what we expected. I thank noble Lords for their amendments on this matter and ask my noble friend Lord Randall to withdraw his.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, before I start I should make two apologies. One is for the rapid introduction of my amendments at the beginning of this group; I wanted to ensure that everybody in this debate got a fair chance and that we were able to finish at a reasonable time—if you can call this a reasonable time. I am grateful to all those who supported them; I am also grateful to those who tabled their own amendments. We have had a very important debate.

My second apology is to my noble friend the Minister. I am trying to squeeze a little more out of the Government, but he personally and the Government deserve a huge amount of praise for these pioneering measures. We should be incredibly proud of them and, as he said, we cannot do it on our own. To be at the forefront of this is tremendously exciting. Of course, we always want a bit more, but I could recognise, even though I am not there in person, the passion my noble friend has for this issue—as do other noble Lords in the Chamber and elsewhere. I hope we will see further things perhaps happen over the summer, but I beg leave to withdraw my amendment for now.

Amendment 260B withdrawn.

Environment Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Wednesday 7th July 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I first offer my apologies for the technical problems. I hoped to speak after the Minister, but technical problems unfortunately rendered me as silent as a mute swan instead of the blustering great bustard I had aimed to be. The noble Lord, Lord Cormack, will probably say it serves me right for not being in the Chamber, and he may well be correct.

This is the sixth day of our Committee. I am afraid to say that for the last few days I have probably been biting the ankles of my noble friend the Minister rather a lot. I feel rather guilty about it, because in many ways he is probably more environmentally sound than I am. I know full well that if this were a “Superman” film, he would shed his ministerial suit, revealing himself to be some sort of green environmental superhero, which he undoubtedly is when he does not have his suit on.

I echo the words of my noble friend Lord Blencathra. I am delighted with the things my noble friend the Minister has brought forward, and that he has listened. More than listening, he has managed to persuade people in other departments, including the Treasury, which normally acts as one’s parents when one wants something that is new or costs a bit and it says, “You can’t afford it”. He has managed to persuade it, so that is fantastic.

I also congratulate my noble friend the Minister on the various meetings he has held. The noble Baroness, Lady Jones of Whitchurch, was being a teensy bit unfair. I was with her today when we spoke to my noble friend’s boss, so we are getting meetings and seeing some results, as we have had today. I also commend the Bill team, which I know is working very hard on this. We sometimes do not realise how hard those people behind the scenes are working when we go on so late.

I would of course love this to extend to those other projects, particularly HS2. If I had been in the Chamber I probably would have been guffawing and generally exploding with noises, because HS2 has been the bane of my life for a good few years, ever since it was just a line on a map. I speak not just as a local resident to where it came and then the constituency MP but now as the president of the Colne Valley Regional Park, which has had serious problems with what is happening. I agree that the idea of giving money to local authorities there would be quite problematic because it goes through so many different areas. I say to the noble and learned Lord, Lord Hope of Craighead, that I have found assurances from HS2 to be as reliable as that proverbial chocolate teapot. I will not dwell on HS2; it will not do my blood pressure any good. I ask my noble friend whether other mooted projects, such as Sizewell B and Heathrow—I believe neither of those has been given planning permission, but I may be wrong—would be covered by this.

It is fair to say that of course I want more—we always do—but this is a moment to congratulate the Government, and in particular my noble friend on what he has managed to achieve. If he could just persuade them on the state of nature target, his ankles would be safe for a considerable time.

[Baroness Parminter (LD)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Randall of Uxbridge, and to echo his comment that it is great to be able to congratulate the Government. We on these Benches are always happy to chide and call for more, but it is very welcome that the Government listened, following the support around the Chamber at Second Reading for nationally significant infrastructure projects to be included within biodiversity net gain. We commend them for that.

Equally, as one of the co-signatories to the amendment from the noble Lord, Lord Blencathra, which would, in due course, extend it to the marine environment, I am absolutely delighted that we did not even have to make the case: the Government had accepted it beforehand. It is a great pleasure to speak briefly to support the Government.

As usual, I would, like others, point out that there are a couple of areas where we would make the case for going further. We very much support the case for Amendment 196 in the name of the noble Baroness, Lady Jones of Whitchurch, which was put so powerfully by the noble Baroness, Lady Hayman of Ullock—I agree with the noble and learned Lord, Lord Hope of Craighead on that. Having a time limit to the nature of the biodiversity net gain is a significant flaw. It is not correct that somehow you can plough up the land after 30 years. Some habitat restoration projects already have a timeline going into the next century. As the noble Baroness, Lady Young of Old Scone, said, a number of climate projects have a timeline of more than 100 years.

I live in a house which was built in the 1920s. Most developments are around for more than 100 years; how come biodiversity is not afforded the same level of perpetuity? The noble and learned Lord, Lord Hope of Craighead, put it well when he said that the timeline is far too short. The Government should listen to the majority of voices in this Committee—I understand that there were two exceptions—that made the case that the 30-year time limit is too short.

The other area these Benches strongly support is covered by another amendment in the name of the noble Baroness, Lady Jones of Whitchurch, Amendment 194C, which raises the remaining few areas where there are some question marks about schemes that are just outwith the scope. As, again, the noble and learned Lord, Lord Hope of Craighead, said, the hybrid Bill procedure may be involved in some issues.

My noble friend Lord Teverson added his name on behalf of these Benches to the amendments from the noble Baroness, Lady Bennett, on securing sufficient funding, which is an important point to make. Like the noble Lord, Lord Krebs, we support the noble Baroness, Lady Young of Old Scone, in her strong case for the biodiversity hierarchy to be adopted as we take biodiversity net gain forward.

The noble Earl, Lord Devon, and the noble Lord, Lord Blencathra asked some very sensible, technical questions which need resolving, and it would be great if we could hear some answers tonight from the Minister. I end my comments on this group with heartfelt thanks to the Government.

Environment Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Monday 5th July 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Bakewell of Hardington Mandeville, and also to follow the very expert testimony of the noble Baroness, Lady Finlay. I am speaking to Amendment 152 and 254 in the names of the noble Lord, Lord Whitty, and the noble Baroness, Lady Bakewell, respectively. Noble Lords will have noted that both have cross-party, and indeed non-party, backing. It is worth repeating, again, as the noble Lord, Lord Whitty, said, that the House has already agreed something very similar to Amendment 152 in the Agriculture Bill.

These are apparently two separate amendments about pesticides: one focused on public health, the other more on nature—but of course those two things are not distinct but very much interrelated. They reflect the countryside that is increasingly soaked in poison. That is what pesticides are, by definition. We have been applying stronger poisons, and more of them, more often. In the first half of the last decade, three metrics—the area treated, often measured as spray hectares, the frequency of applications and the number of active ingredients used—all leapt significantly. So, while UK cropland covers about 4.6 million hectares, the area treated is many times larger. Defra figures show that that increased from 59 million spray hectares in 2000 to 73 million spray hectares in 2016: a rise of 24%. The average number of active ingredients per field has risen from 12.8 per hectare to 15.9 per hectare.

Let us imagine actually living next to that field. I am sure everyone has seen the videos: spray nozzles practically brushing people’s windows, other nozzles right up against garden hedges. Imagine being a pollinator—a moth or a solitary bee—going about your business. Your body is gradually being degraded, and your behaviour modified disastrously: all the impacts that we have just started to understand, with 16 active ingredients—poisons—introduced right into the depths of your world and your home.

The person applying the pesticide, quite likely from an air-conditioned tractor cab with protective equipment, has protection—still not enough, but protection. You, the local resident or pollinator, have none. You have no idea what it is in that spray, and even the experts really have no idea what impact that cocktail of chemicals will have. I refer to Defra’s own former chief scientific adviser, Professor Sir Ian Boyd, who, in an article in Science in 2016 said the impact of “dosing whole landscapes” is being ignored, and the assumption that it is safe to so behave is simply false. Even the person applying the pesticides will suffer ill-effects, as a recent Annals of Agricultural and Environmental Medicine journal entitled Influence of Pesticides on Respiratory Pathology set out. It notes that there is a

“significant increase in respiratory problems within the population”

of people working in agriculture because of this.

Turning to look particularly at the pollinators, many of the UK’s most valuable crop, including apples, strawberries and runner beans, are pollinated by insects. The monetary value of that—if you can put a monetary value on it—is put at £430 million a year. Honeybees are important, and there is often a lot of focus on them, but they probably do only 10% or 15% of the work. These wild creatures are crucial, and they are perhaps the ones that are suffering the most.

We are talking about food security being at risk, and in particular the supply of healthy food: fruit and vegetables. The chemical industry will say, “We need these chemicals to grow food”. I would very much agree with the comments of the noble Lord, Lord Whitty, and others that the closeness between the Government and the industry is a grave concern. There is something of an infamous paper from 2011 titled Without Pesticides, Apple Production in the United Kingdom Would Not Be Viable. Well, I ask noble Lords to look back and think about before we had pesticides: we actually had apples, a lot of apples.

This is where I would, perhaps, slightly disagree with the noble Baroness, Lady Finlay, who talked about convenience. I think what we have is a broken system. Farmers are being forced to use these chemicals, and forced to use production methods to suit the supermarkets and multinational food production. We can produce the food in different ways, and it may be sold in different ways. Potato blight has caused much use of chemicals. There are varieties that can do very well with little or no application of chemicals, that are blight resistant, but they are not necessarily to the exact specification of the international fast food giants, who want their chips all around the world to look and taste exactly the same. But each field is not a global field; it is a local field, and we need to be growing the right crops in that field for the right conditions. This is something noble Lords may already be aware that I am quite passionate about, but I am going to restrain myself here and just make one final point.

In Defra’s 2019 report on pesticide usage on food crops, there is a graph entitled “Area treated with the major pesticide groups”. In that graph, fungicides tower above the rest. The weight of fungicides increased by 5% from 2017 to 2019. Yet, increasingly, as we were discussing a few weeks back in the soil amendments, we understand that fungi are a crucial part of healthy soils. We are heaping a specific targeted poison on our environment to kill the essential life in our soils. This is also, of course, damaging the pollinators that this amendment refers to, and is having impacts on our health.

There is also the issue of antimicrobial resistance. Here we come back, as so many debates do, to Covid. There is something called “black fungus”, which is a problem particularly in India. Its technical name is mucormycosis. It is infecting—utterly horribly—patients already very ill from Covid. Treatment is prolonged and difficult. We have a huge problem with resistance to anti-fungicide drugs. We have also seen, in the US and the UK, increasing levels of infection from Aspergillus and from Candida auris. All these fungi that we target out in our natural environment are a threat to our health. We are using the same kinds of drugs in the environment that we are then using to treat the diseases in our bodies.

In summary, we have a natural world—a world of air and ground in which we live—that is out of balance: a poisoned world. These amendments are very modest. They are small steps towards turning that around. When we were talking about the state of nature and about a species target, the Minister said, “Well, things are going to have to get worse before they get better”. He said we need time to turn the curve around. Well, I would say that in this area there is no time. We absolutely have to act on pesticides now.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is always a great pleasure to follow the noble Baroness, Lady Bennett of Manor Castle, and indeed the other speakers to this amendment. I have added my name to both of these amendments. There is really very little to add to what has been said. I found that my main theme was slightly taken by the noble Baroness, Lady Bennett. I was going to emphasise that, when we talk about pesticides, we are talking about poisons. If you refer to them as “poisons”, perhaps that has a little bit more significance for people.

As has been said, one amendment is about human health—very important—and the other one is about the natural world and pollinators. Although I put my name to it, I could have added some other pollinators that have been left off. I have a feeling that moths and bats were not there. Moths are very important. However, I am not going to quibble about this.

The real point is that we are doing as the Government wanted because, as the noble Lord, Lord Whitty, said, the Government said during the passage of the Agriculture Bill that the place for it was not there but in the Environment Bill. So I am delighted that we are doing the Government’s work in bringing this back. I am sure it will have the same reaction in your Lordships’ Chamber and that we will be passing it back to the Commons, so I would have thought it would be wise for the Government to accept these amendments when they can.

Because I am in a particularly generous mood today, I am not going to refer to an earlier life of the Minister, who did sterling work in this area before he had to accept responsibility for government positions. I understand his position admirably and I think that he is doing a fantastic job. I know he has got extremely good history on this and I hope he can prevail with the powers that be.

I look forward to hearing his response—and, indeed, the Government’s response when this comes back on Report, if it is not accepted.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness Finlay of Llandaff) (CB)]

I have received one request to speak. I call the noble Lord, Lord Randall of Uxbridge.

[Lord Randall of Uxbridge (Con) [V]]

I am most grateful, and I thank my noble friend for his answer. He may have said this in his reply, but I ask again because I could not pick it up. When authorisations are given for substances, is the mixture—the toxic cocktails, if you like—actually checked? I am no scientist, but I do know that when you mix certain chemicals together, they have a different effect from what they have when they are on their own. I am just wondering whether that is checked to make sure that the effects are not harmful.

[Lord Goldsmith of Richmond Park (Con)]

My noble friend raises an incredibly important point and I have to be honest and say that I cannot give him an authoritative answer. He is right that the synergistic effect of mixing chemicals creates entirely new qualities, and two relatively harmless chemicals, or not particularly dangerous chemicals, mixed together can create something that is lethal. A decent, proper and thorough regulatory system absolutely would test new chemicals as they enter the market on the basis of how they are likely to interact with chemicals that they are likely to meet. I am afraid this is not an area I have any expertise in, but I will look into it as a matter of urgency, and I will write to him and place my answer in the Library.

Environment Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Wednesday 30th June 2021 Lords Chamber

I also have Amendment 113B in this group. This is a simple amendment and I am grateful to my noble friend the Minister for preparing it for me. That does not mean that he will accept it, but he certainly gave me the wording. It followed a discussion we had on the meaning of biodiversity earlier in Committee. He read out a meaning of biodiversity and it is important that that is in the Bill. I have used his exact words, so I hope he will able to accept it. I beg to move Amendment 110.

[Lord Randall of Uxbridge (Con) [V]]

It is always a great pleasure to follow my noble friend Lord Caithness. In many ways, my Amendment 112, which I am speaking to, echoes exactly what his is and in some respects may be regarded as superfluous.

My amendment is a simple one that merely adds the word “soil” to what the natural environment means. As we know, the Bill currently states that

“the ‘natural environment’ means—(a) plants, wild animals and other living organisms, (b) their habitats, (c) land … air and water, and the natural systems, cycles and processes through which they interact”.

As we have just heard so eloquently from my noble friend Lord Caithness, however, it misses out what I—and I am sure many other noble Lords—feel is the very core of our natural environment. Too often soil, which is pivotal to biodiversity and a functioning environment, is considered as an afterthought or as an inert substrate. It needs to be specifically referenced to ensure that targets and set policies are developed and funding applied. The lack of such an approach means that we may not deal with issues such as soil health, which is generally acknowledged to be in pretty poor shape, as we have just heard.

Soil health problems in the UK’s 700-plus soils vary across types, regions, geography and weather. No clear figure exists for the health of the UK’s soils, but a 2020 review estimated that only 30% to 40% of Europe’s soils are healthy. We can be confident that soil degradation is a huge problem across the UK and that urgent action is needed. Average organic matter levels are declining, especially in arable soils. As my noble friend Lord Caithness said, soil was inserted into the Agriculture Act and it is very important that we put it in this Bill too, because it is critical for agriculture, biodiversity and other reasons.

Organic matter is critical to soil health, biodiversity, productivity and carbon storage. UK soils store an estimated 10 billion tonnes of carbon, dwarfing the 0.2 billion tonnes stored in UK vegetation. In 2013, soil carbon loss was estimated to amount to 4% of UK greenhouse gas emissions, higher than for many industrial and energy sources combined. Losses appear highest from peat and arable soils.

Soil erosion remains a critical problem. A 2020 review of studies found that 16% of arable farms had soil erosion so high that it was a threat to future food production. Increases in growing maize is a major problem. A survey of over 3,000 maize-growing sites in south-west England found that 75% of fields could not let rainwater in deeper than the upper soil layers, such that a heavy rainfall could wash the soil away. Sedimentation—linked to soil erosion on land—is a major problem in 5% of UK rivers.

We must not forget that peat soils are widely damaged. Around 8% of deep peat soils in the UK are being wasted, eroding or are bare. Upland peat soils are damaged from nitrogen deposition, overgrazing, drainage and, of course, burning. Lowland peat soils suffer rapid erosion from extraction and pump drainage for cultivation. Cultivated deep peat in the lowland fens, where a third of England’s fresh vegetables are grown, is also rapidly eroding. As peat soils have dried out, the land has sunk, exposing it to flooding from rising sea levels caused by the climate crisis. Many peat topsoils will disappear within decades unless they are rewetted so that peat formation can rapidly build them up again. Soil life has suffered.

Unlike terrestrial and aquatic wildlife, our soil life has not been well monitored. However, we know that many of the chemical actives applied to farm soils negatively affect soil microbial functions and biochemical processes, altering soil communities and diversity. Combined with ploughing, reducing crop diversity, acidification and losses in organic matter—a key source of food—soil life is being impacted. Research suggests that reduced soil life can affect crop growth, development and disease incidence, potentially resulting in a negative cycle of more agrochemicals being needed.

Only today, in a timely contribution, the House of Commons Environmental Audit Select Committee, under the chairmanship of my right honourable friend Philip Dunne, published its report Biodiversity in the UK: Bloom or Bust? The report highlights the importance of soil in its summary, where it states as one of its recommendations:

“We support the recommendations of the Natural Capital Committee that the development of soil indicators should be fast-tracked; that a shadow target for soil health should be established urgently; and that a legally-binding target for soil health ought to be established as soon as monitoring data allows. Healthy soils should be a priority outcome for the Environmental Land Management Schemes, so as to encourage farmers to adopt beneficial agri-environmental practices.”


The simple addition of a word would ensure that soil is properly considered as a priority alongside air, water and biodiversity within environmental plans, and of course by the OEP.

The amendment from my noble friend Lord Caithness is probably superior to mine, but I am not fussed about that. I am rather simple; I just like one word here and there. But, whatever it is, the Government have to take serious note and insert “soil” into the Bill.

Finally, before I metaphorically sit down, I also support Amendment 113, which has yet to be spoken to by my noble friend Lady McIntosh of Pickering. It would ensure that the marine environment is included. I have a slight difficulty on whether it is necessary when talking about marine wildlife to particularly include marine mammals. I think they should be included anyway in the whole general thing, but I will leave that for others to discuss. I hope that we can insert “soil” into this Bill.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow my noble friend Lord Randall of Uxbridge and I am grateful to him for his support in principle for Amendment 113. I pay huge tribute to his work and his interest in birds—of the feathered variety—whereas I have to confess that water is my element. I thank the noble Lord, Lord Teverson, and the noble Baronesses, Lady Jones of Moulsecoomb and Lady Bennett of Manor Castle, for their support for Amendment 113. I thank the Marine Conservation Society for its support and briefing as well.

Why is Amendment 113 necessary? The Bill at present makes only a passing reference to the marine environment. I wonder why that is the case, particularly as our seas represent over 50% of the environment of England. Anyone who has even a passing interest in the work of David Attenborough on plastics in our seas and oceans will realise how it has captured the public imagination, in this regard.

My noble friend Lord Caithness spoke eloquently on why soil should be included, as did my noble friend Lord Randall of Uxbridge. In his Amendment 113B, my noble friend Lord Caithness goes on to say why

“terrestrial … marine, and … other aquatic ecosystems”

should be included. I believe that Part 1, and indeed the Bill in its entirety, is relevant to the marine environment, and I would welcome the greater clarity of putting “the marine environment” into the Bill, in this regard.

I also acknowledge that, in replying to a Parliamentary Oral Question either a week or 10 days ago, my noble friend Lord Goldsmith acknowledged that there is a “tension”, to use his word, between inshore fisheries and offshore wind farms. So my question to him is: how will that tension be eased and resolved if we do not place, as I have chosen to phrase it here,

“the sea, the marine environment and maritime wildlife, sea mammals, flora and fauna”

on the face of the Bill?

--- Later in debate ---

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is a pleasure to follow not just my noble friend Lord Blencathra but my noble friend Lord Ridley and the noble Baroness, Lady Bakewell of Hardington Mandeville.

Like my noble friend Lord Blencathra, I do not have much to add. I think we know about the blight of fly-tipping. I would just say that it is not restricted to the countryside. There are also private areas even within the suburbs. I take the point that, very often, it is the local authority that picks up the bill, but there are areas where that does not happen—for example, on sports grounds and so on.

We have to tackle this issue. I put my name to Amendments 123 and 136, alongside that of the noble Baroness, Lady Bakewell of Hardington Mandeville. I know that the fines, which were increased a year or two ago, can be substantial, but they are not always put in place by magistrates. What my noble friend Lord Ridley said about CCTV is another very good point—it just moves it on—but people always ask, “Why can’t we have more CCTV out?” Perhaps some of the fines could go towards putting CCTV out, or even to a fund that could help those landowners and farmers who have substantial costs to meet.

As has been said, a lot of rogue builders or cowboys will often go around and say to somebody, “We’ll dispose of it; we’ve got the proper licence” and then just dump it. It is then traced back. Albeit that the people who have had the work done should have looked for the licence, it is not something that some of the more elderly think of doing. It is a real problem.

Finally, I thoroughly endorse what my noble friend Lord Ridley said about balloons. I wanted to try to ban some of those, because they are a danger not just to the countryside and what it looks like but to wildlife and so forth, including domestic livestock. If I was in that mood to ban things, I would also look at Chinese lanterns, which are even more of a danger.

[Lord Carrington (CB) [V]]

My Lords, I declare my interests as set out in the register. I thoroughly support the amendments tabled by the noble Baroness, Lady Bakewell of Hardington Mandeville, and the noble Lord, Lord Randall of Uxbridge, together with everything said by the noble Viscount, Lord Ridley, and the noble Lord, Lord Blencathra. They correctly identify the largely ignored victims of fly-tipping, in the shape of farmer and landowner. A recent survey by the Environment Agency shows that farmers as a group are the most affected by large-scale, illegally dumped rubbish. The NFU rural crime survey revealed fly-tipping as the most prolific crime reported by members, with 48% of those surveyed experiencing it in 2020.

Farmers will often break the law by moving fly-tipped rubbish from private land to the public highway and thereby avoid the need to pay for the disposal. This is very unsatisfactory but understandable in the circumstances.

Many suffer appalling mental anguish as they see the countryside they love spoiled and degraded. One can argue that they should have fenced the land or secured the gate, but this is often not a practical solution, depending on the nature and topography of their land. In any event, fly-tipping should not happen and the only person to shoulder the blame should be the perpetrator. You only have to pick up a copy of the farming press to understand the grief and cost involved.

I have had asbestos dumped in woodland; others have had quantities of car tyres chucked over steep banks. Fridges, mattresses, deep freezers, gas bottles, sanitaryware—one could go on. This can be an expensive cleaning and disposal exercise. The asbestos cost me a four-figure sum, with the need to bring in specialists and a licensed skip. Education and financial sanctions are the answer, and the latter is covered perfectly by these amendments. Education is separate, but might eventually change behaviour for the better and more lastingly.

Environment Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Monday 28th June 2021 Lords Chamber

[Lord Hope of Craighead (CB) [V]]

My Lords, I cannot help feeling that there is an air of unreality about this debate. Everyone on all sides agrees about the need to preserve the independence of the OEP. The Government’s position is set out quite clearly in paragraph 17 of Schedule 1, to which I referred earlier today. The phrase is “must have regard:

“the Secretary of State must have regard to the need to protect its independence.”

As my noble friend Lord Anderson of Ipswich said, there is much to be said for the view that it is no business of the Secretary of State to give guidance on these matters and that Clause 24 should not be there so that the OEP can make up its own mind about the policies it needs to follow. Much depends on the meaning and choice of words, so let us reflect for a moment on that.

Is it really being suggested, as I think someone mentioned earlier, that Clause 24 can live with paragraph 17 of Schedule 1 because there is no requirement to follow the guidance that has been talked about in Clause 24? Do the words of Clause 24 really have that meaning? Does the phrase “must have regard” change its meaning according to the context in which those words are found? As I have mentioned, paragraph 17 contains the same formula. Are we really to read it as imposing no requirement to have regard to protect the independence of the OEP? That would be an astonishing position to take and I am sure the Minister will not be taking it, but if it means what it appears to mean, the word “must” imposing an obligation that must be fulfilled, why not so in Clause 24?

I hope that the Minister was listening very carefully to what I said in the debate about Section 14(2) of the Scottish continuity Act. It is difficult for me, far away, looking through a lens, as I am, to observe closely what the Minister is doing to know whether he really was listening very carefully. I very much hope he was, and his closing words suggest that he was, and I am glad of that. He will have noticed that the reason why I was supporting him was because of the meaning that I gave to the phrase

“Ministers of the Crown must … have due regard”


in Section 14 of the Scottish Act to Scottish environmental policies. I made it clear in my remarks that it was because I read those words as giving a direction to UK Ministers, imposing an obligation on them, that I felt that Amendment 80 had to be supported because it was correcting a mistake in the Scottish legislation. If I had been told that there was no requirement on UK Ministers to follow these policies, the position would have been quite different. One cannot pick and choose. The words in each context are perfectly clear and they must have the same meaning.

The noble Lord, Lord Teverson, said that, as worded, Clause 24 “drives a coach and horses” through paragraph 17. I must confess that, taking the words according to their ordinary meaning, that seems to be absolutely right. So I agree with my noble friend Lord Anderson that the Bill would be much better without Clause 24, but, if it is to remain, its wording must surely be adjusted so as to preserve the independence of the OEP, which the Secretary of State is, I suggest, under an obligation—in terms of paragraph 17—to do.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I have not taken part directly in these important debates around the OEP, mainly because of the fear of repetition. There are many noble Lords far wiser and more eloquent than me to discuss this. However, I share many of the concerns that we have heard around the funding and, as we are now discussing, the independence of the OEP. I hope that my noble friend the Minister will take on board the serious concerns of many around the Committee, including myself. I hope that he and his officials will consult with noble Lords before coming back with the Bill on Report. If he does not, he may find himself in rather more difficulties than I would like. There are lingering doubts about this.

There have been some very wise words. The noble Baroness, Lady Parminter, said that it was important for the OEP to be seen to be independent. The problem is that there is distrust on both sides. The Government’s position will be that they are distrustful, fearing that a strongly independent OEP will run riot and cause many problems—although we would probably argue that, if that is what is necessary, that is what will have to happen. Others think that the Government’s intentions are to make sure that that does not happen and so are curtailing the power of the OEP.

As I have often discovered since I arrived in this House, I take on board the very wise words of the noble Lord, Lord Rooker. I say to the Government that it is just possible that having a strongly independent OEP could help, because the public will not necessarily believe a government Minister. If the OEP were not seen to be independent enough, when it made a decision that the public did not like and went against them, they would consider it a government stitch-up. However, if there were a strongly independent OEP, they would have to accept that it was an independent decision.

I hope that this can be resolved because this is a very important part of the Bill. If we are to have faith in how the legislation works, we need that strongly independent OEP.

[Lord Teverson (LD)]

My Lords, I start by quoting the noble Baroness, Lady Neville-Rolfe, who said that the OEP was “adequate”. Remembering that word, I will quote Michael Gove, who said in July 2019, when he was Environment Secretary and the Bill started its oh-so-slow process—procession, we should say—through Parliament:

“The measures in our Environment Bill will position the UK as a world leader, ensuring that after EU Exit environmental ambition and accountability are placed more clearly than ever before at the heart of government.”


Is that a description of “adequate”? I think not.

Environment Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Wednesday 23rd June 2021 Lords Chamber

[Lord Krebs (CB)]

My Lords, I wish to speak in support of Amendment 43 on the need for binding interim targets. I also support Amendments 16 and 18 in the name of the noble Baroness, Lady Bennett of Manor Castle, and, in many ways, support Amendment 15 about the need for evidence, in the name of the noble Lord, Lord Lucas. The Government’s position on interim targets, as presented by the Minister in another place, Rebecca Pow, appears to be that legally binding targets would not be appropriate because of the unpredictability of the environment. In other words, events may make the targets hard to achieve. However, by this logic, the Government should not set themselves any targets at all, as unpredictable events will surely intervene.

The noble Baronesses, Lady Bennett of Manor Castle, Lady Hayman of Ullock and Lady Young of Old Scone, all referred to the Climate Change Act as showing us the value of legally binding interim targets. As we have already heard, the Climate Change Committee advises on the five-year carbon budgets that are—I underline this—the cost-effective road map to net zero. One important point that the Climate Change Committee makes is that you cannot back-end all the actions because it will cost you more. You have to take early steps to save later on. So far, the Government have accepted the first six carbon budgets, taking us through to the mid-2030s, so they are legally binding commitments. These budgets not only provide us with transparency about whether the Government are on track but also a clear indication of where progress has been good and where it has not. That is why we know that the Government, in spite of good progress in some areas, are not currently on track to meet their longer-term target of net zero by 2050.

I see no compelling reason why we should not do the same for nature’s recovery. I admit that in some ways it is more complicated than cutting greenhouse gas emissions. The path to net-zero emissions by 2050 can be measured in a single, common currency—carbon dioxide equivalents—and we have clearly defined ways of decarbonising our economy, whether it is through renewable energy, better insulation of homes or electric vehicles and so on. For nature’s recovery, there is as yet no single, common currency nor are there the well-defined building blocks for achieving long-term targets.

However, the Government will have to work out the answers to these questions if they are to meet their longer-term targets, so why not start right away and meet legally binding interim targets? Statutory interim targets would enable all of us to see how the targets are being calculated—which relates back to the amendment tabled by the noble Lord, Lord Lucas—what progress is being made and what needs to change. You can see what happens without binding interim targets by looking at progress on climate adaptation. In contrast to the Climate Change Committee’s advice on mitigation—cutting our greenhouse gas footprint—its advice through the Adaptation Committee on building resilience for the inevitable future climate change that we will experience is not translated into binding targets. I should note in parentheses that I served for eight years as the first chair of the Adaptation Committee, as a member of the Climate Change Committee itself.

Last week, the Adaptation Committee reported on its latest climate change risk assessment. It said:

“Alarmingly, this new evidence shows that the gap between the level of risk that we face and the level of adaptation underway has widened. Adaptation action has failed to keep pace with the worsening reality of climate risk.”


That is what happens if you do not have binding interim targets, and I fear that without legally binding interim targets we will find exactly the same failures by the Government with regard to the commitments in this Bill.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I always feel rather humbled when I follow such eminent noble Lords, particularly the noble Lord, Lord Krebs.

I added my name to Amendment 43 and support the general thrust of these amendments with regard to targets and interim targets. If we are not careful, targets just become aspirations. Without being too flippant, I have a target to lose a number of pounds—perhaps stones—in weight, but, without a statutory requirement to do so within a particular period, I am afraid that the time slips by and I find a good excuse, whether it is lockdown, the weather, all sorts, not to do it now but to do it next month. If we are serious about this, it is important to have interim targets that are statutory. I will not go on, except to echo the sentiments of my noble friend Lord Caithness in very highly recommending to my noble friend the Minister a visit the Game and Wildlife Conservation Trust’s Allerton project in Loddington, which has done a lot of research.

My noble friend is absolutely right that you cannot just magic-up these things without detailed research. There are some uncomfortable truths. He mentioned curlews, for example, and he is talking about predation. There is a possible problem that by increasing woodland we are providing more cover for predators, so, where that is near habitat that might be good for curlews and redshanks, we are actually providing more refuge. These things are complicated, but we must have the interim targets on a statutory basis, otherwise they can just get lost in the sands of time.

[Baroness Parminter (LD)]

My Lords, I thank those who have participated so far in this short debate on targets. Like other noble Lords, on these Benches we support the principle of evidence-based targets that was made powerfully by the noble Lord, Lord Lucas, in his opening remarks, and we also support the principle of the two amendments in the name of the noble Baroness, Lady Bennett of Manor Castle.

As other noble Lords have already indicated, I have put my name to Amendment 43, which would put a duty on the Secretary of State to meet legally binding interim targets. We think that this is an important step forward. I do not intend to say much on the arguments, given that they have been set out so powerfully by the noble Baroness, Lady Hayman of Ullock, who made the case particularly coherently, reminding us that there are businesses out there which are asking for this. I know that the Government do not always want to listen to those of us who come from other parts of civil society, or from other groups, but they do tend to wish to listen to businesses. Therefore, the noble Baroness’s argument about responsible businesses asking for a duty for the Minister to meet legally binding interim targets was a powerful one.

Equally, the noble Baroness, Lady Young of Old Scone, made the case well that this step will be important to help the OEP do its job. We will come on to a lot of debates about the OEP, including on its overarching remit and function, but, as the noble Earl, Lord Caithness, said, we must always be thinking about how this will be translated on the ground, not just in terms of how it will affect the biodiversity of species but in how it is being delivered on the ground by this new organisation that will be set up to be the government watchdog. Obviously we only have an interim OEP at the moment, but I would have thought that this is something that the Government would really want, to help it to do the job that the Government have said that they want it to do and which all of us in this Chamber want to help it to do when hopefully it is set up permanently, later this year.

I thought that the noble Lord, Lord Krebs, dismantled the arguments put by the Minister in the other place as to why the Government were not prepared to accept this proposal. Other Peers have made clear and convincing arguments about why this is an important step and that there is a parallel that we know already works: the Climate Change Act. So, in supporting these amendments, I say to the Minister that he will have to do rather better than he did in his remarks at Second Reading, where he seemed merely to echo the comments of the Minister down the other end. The contentions from people around this Chamber is that this is an important step which is absolutely critical to help the OEP do its job and which businesses want. If we want to deliver on the ground, this needs to go ahead. Therefore, I look forward to his remarks and hope that they will be, to put it delicately, a little more convincing than they were at Second Reading.

--- Later in debate ---

[Lord Young of Norwood Green (Lab) [V]]

My Lords, I have found this a fascinating debate. I put my name to Amendment 49, but I support the general approach of all these amendments. Clearly, air pollution is a key issue for the Government. I hope that, when we look at this, we do so in the round.

I cannot agree with the some of the statements, I am afraid. I heard the noble Baroness, Lady Jones of Moulsecoomb, say that we have to ban all roads and we must not build any more. That assumes that those towns and cities that are being heavily polluted because the roads go through the town centre should have to put up with that. Similarly, she referred to the Silvertown tunnel. The argument for that is that the current Blackwall tunnel constantly gets blocked and the traffic queues cause more air pollution. There have been many occasions during this debate when people have said that we need to look at the evidence—we do.

More generally, I regard the investment that the Government are making in more cycle lanes as fundamentally important, as is encouraging young people to cycle or walk to school. The irony of it is that those children who think—or whose parents think—that they are safely protected in their SUVs are actually breathing in more pollution than if they were out walking or cycling. Of course, if they were doing those activities, they would also be getting the benefit of exercise. I welcome the targets; they are important. How we achieve them, through monitoring, et cetera, is important.

I too read that article on leaded petrol, which remains in the city 20 years on. Above that article, and perhaps even more interesting in some ways, was one on smart traffic lights smoothing the way to reducing emissions by a quarter. It said:

“A new generation of smart traffic lights could be introduced after a government-backed trial showed that eliminating unnecessary stops at junctions can cut emissions by a quarter.”


That stresses the importance of ensuring that we do not forget that innovation will play an important part in reducing these emissions. I hope that, when the Minister responds, he will take into account—I am sure that he will—a holistic analysis, if you like, of what the Government are doing.

There may well be more cars on the road because people are a bit reluctant to travel on public transport at the moment. As someone who cycles every day and has had an electric car for a few years—I am lucky to be able to afford one—I like to think that I play my part. We are seeing changes in attitude. There are many young people these days who are not bothering to learn to drive or do not own their own car—they hire or share—so we should not be too pessimistic about the situation. It is serious, which is why I put my name down—I felt that this was a necessary probing amendment.

I hope that, when the Minister responds, he will give us that holistic analysis of how the Government intend to meet these targets and how they feel that they can respond to the very real and present impact of particle pollution, whether it is nitrous oxide or carbon emissions.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I added my name to Amendments 20 and 49, but I support the general thrust of all the amendments in this group. I am old enough to remember that, when I was a very young boy in 1962, my father had to wear a mask—we have got used to them these days—because of the smog in London. It was not the Great Smog, which was a few years earlier, but it was a serious incident of air pollution that killed a significant number of people. At that time, it showed up that, although the Clean Air Act had been brought in in 1956, there were serious gaps in it: it dealt with emissions of smoke but not sulphur dioxide. If we are not careful, there is a danger that we will think that we have solved this problem and things are getting better—there are indications of that, but we are far from perfect.

Like the noble Baroness, Lady Jones of Moulsecoomb, I have been raising this for a long time: I remember having an Adjournment Debate in the other place in 2003 on air quality in London. That was based not just on my concern for the welfare of my fellow Uxbridge citizens but on my own experience of how I could feel the ill effects of increased pollution. Where we live in west London, there is Heathrow and the major roads, and we often seem to exceed the legal limits.

We have already mentioned one thing that convinced me that we have to go further: Ella’s campaign. A few years ago, I was fortunate enough to meet Rosamund, Ella’s mother, and I have not met a more courageous and forceful advocate for this. Despite the obviously terrible tragedy that she endured, she was able to be extremely convincing in all the arguments; she did not have to rely on the personal issue. We owe it not just to Ella but to all the other young people. As has been mentioned, it is very often those who live in less well-off areas.

There are difficult decisions. Of course, sometimes, as the noble Lord, Lord Young of Norwood Green, has just said, there are occasions when traffic congestion could be eased, and smart traffic lights could provide one of those. The only trouble that I have with building more roads is that they inevitably get filled up. I remember that, when the M25 was first built—little sections of it—it was a joy because no one was on it, but it filled up quite quickly and sometimes is the largest car park in London, as I think many noble Lords will agree.

This is a really serious issue, and the Government must take forward the view that we must have ambitious targets. We should accept the WHO targets. This is something that I feel very strongly about.

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[Lord Chidgey (LD)]

My Lords, allow me first to declare my interests—first, as vice-chair of the All-Party Chalk Streams Group, and as a past chairman of the town council of Alresford, in Hampshire, and a Winchester city councillor at the same time. Alresford lies in the headwaters of the River Itchen, astride the Alre, and it has been around a while—since Bishop de Lucy constructed a causeway taking the road out of Alresford to Basingstoke. Behind it, he constructed a massive freshwater lake, which in the day was teeming with fish of all descriptions. Winchester, of course, lies further down the Itchen, and is a major city of our nation.

Sadly, the eminence of the water pursuits and the value of the river have declined very seriously over the years. This is the primary reason why Amendment 23 in my name, together with Amendments 22, 24, 25 and 26, covers different aspects of the importance of species abundance in our rivers and streams. In this regard, the inclusion of a target-setting framework is a welcome part of the Bill. Putting targets into law brings certainty and clarity, to the benefit of all.

Depletion of species is not a new problem. It is a problem for Governments around the world, which, generally speaking, they have failed to reverse. The UK, however, has failed more than most. We are at the bottom of the league for G7 nations, based on the biodiversity intactness index. The latest State of Nature report showed that around one in seven species is threatened with extinction and more than 40% of species have declined since 1970, according to Greener UK.

Government Amendment 22 is thought to place a very weak duty in the Bill; it does not provide a legally binding commitment to halt the decline in species abundance, which the cross-party Amendment 24 addresses.

My Amendment 23, however, recognises the very great importance of species abundance in our chalk streams and chalk rivers in the south and south-east of England, which are a vital source of clean water, serving the needs of many millions of people across the region. It aims to ensure that at least one of the species which contribute to the species abundance target should act as a proxy for being able to assess the health and abundance of species in chalk streams, which in turn will act as a clear indicator of the overall health of chalk streams.

It is understood that the target proposed in the new clause will be constructed from a range of indicator species, which, taken together, can give an assessment of the level of increase in abundance. It is felt that at least one of these species should act as a proxy for being able to assess the health and abundance of species in chalk streams, which in turn will act as a clear indicator of the overall health of chalk streams.

To achieve the necessary improvements in abundance, action will be required to tackle issues around flow and abstraction, water quality and the need for habitat restoration. In the context of this amendment, it may be helpful to mention some of the indicator species the Government may wish to consider, all of which are good proxies for the overall health of chalk streams. These include the distribution and abundance of: blue-winged olive flies, brook water crowfoot and, naturally, brown trout. In addition, the distribution and abundance of gammarus, a shrimp-like invertebrate measured by riverbed kick samples in chalk streams, are a clear indicator of the overall health of a river.

I look forward to the Minister’s response to what seems to me a fairly simple request. I beg to move.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I will speak to Amendment 24 in my name, and I am extremely grateful to the noble Lord, Lord Krebs, and the noble Baronesses, Lady Parminter and Lady Jones of Whitchurch, for joining me in supporting it. I apologise to noble Lords for a lengthier contribution than I normally aspire to, but for me and many thousands of others this is a crucial issue.

Like others, I have been pressing for a state of nature target to be inserted into this Bill for some time. Indeed, a current petition has well over 200,000 signatures. I was therefore delighted to hear my honourable friend George Eustice’s recent speech at Delamere Forest, when he said:

“Nature is going to be key pillar of our work as host of the UN Climate Change Conference COP26. We were the first major economy in the world to set a net zero emissions target in law. To meet that target we must protect and restore nature, with nature-based solutions forming a key part of our approach to tackling climate change.”


He went on to say something we all know:

“The UK is sadly one of the most nature depleted countries in the world.”


He said:

“We want not only to stem the tide of this loss, but to turn it around and leave the environment in a better state than we found it. I want us to put a renewed emphasis on nature’s recovery. And, that is why today we will be amending the Environment Bill to require an additional legally binding target for species abundance for 2030, aiming to halt the decline of nature. This is a huge step forward, and a world leading measure in the year of COP15 and COP26. We hope that this will be the Net Zero equivalent for nature, spurring action of the scale required to address the biodiversity crisis.”


My noble friend the Minister has just echoed those words.

After that speech there were many virtual cheers, not only from conservation and environmental NGOs but from those thousands of our fellow citizens who care deeply about this issue, myself very much included. Indeed, I am sure that many Conservative MPs were equally delighted to be able to report back to their concerned constituents that this Government, my Government, were taking the steps required to start the decline of our nature.

At the recent G7 summit, part of the communiqué stated:

“We therefore confirm our strong determination to halt and reverse biodiversity loss by 2030, building on the G7 Metz Charter on Biodiversity and the Leaders’ Pledge for Nature as appropriate.”


However, I have to say, very regretfully, that when these much-heralded government amendments were laid they were disappointing—really disappointing. I take no pleasure in saying that so much expectation was dashed to the ground so quickly. I suspect that my noble friend the Minister shares some of that disappointment —I will not press him on that—and that somewhere, the original aspiration and maybe even an earlier draft of these government amendments were squashed. I cannot think where. It cannot be the Treasury, as it commissioned that excellent piece of work, the Dasgupta review, which laid out clearly the economic case for restoring nature. It is all a bit of a mystery to me. Perhaps my cynicism is misplaced and my noble friend will be able to assure me that our simple amendment now has the green light. That would save us all a lot of time.

Why is this state of nature target needed? As I said, the Government have accepted the need to halt the decline of nature. I have already said that this has been managed in the G7 nature compact, the Leaders’ Pledge for Nature and the Dasgupta review. The Government have stated their intention to

“halt and reverse biodiversity loss by 2030.”

Previous global agreements to halt nature’s decline failed because global goals have not been matched by domestic implementation. The UN Global Biodiversity Outlook 5 showed that the world had failed to meet any of its targets to halt biodiversity loss set under the Convention on Biological Diversity. The Environment Bill is of course largely framework legislation, without a definite environmental objective. Adding a meaningful state of nature target would help upgrade the Bill to landmark legislation, setting a clear direction for environmental improvement.

The Government’s proposal for a species abundance target just does not lock in a level of ambition to halt species decline by 2030. Instead, it merely requires the target to “further” the objective of halting nature’s decline. This means that there would be no fixed date at all for achieving the ultimate objective of stopping biodiversity loss. Under the Government’s proposed approach, the level of ambition for the species abundance target would be set by statutory instrument, along with other targets, in October 2022 at the earliest. Setting half a target of this kind undermines the very purpose of a statutory target. It does not provide a fixed point of accountability, give certainty to investors or create a clear requirement for all government departments to achieve a clear goal.

The Government may argue that it would be appropriate to wait to set the target following consultation. However, I believe that there are three problems with this approach. There is no guarantee of ambition: the final target could fall far short of an objective to halt species decline by 2030 and there would be no statutory obligation to set that target for a later date. This would also show a regrettable failure of leadership. Part of the reason for setting a state of nature target is to inspire action in other countries, but the Government’s approach would mean the target being set after the COP 15 Convention on Biological Diversity talks.

Environment Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Monday 21st June 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I start by declaring my interest as in the register, particularly in relation to this amendment, as the president of the Colne Valley Regional Park, where we have had a lot of issues over water quality and the streams. Over the weekend, I was asked to join the advisory board of River Action UK, to replace, I think, my noble friend Lord Benyon, who as a Defra Minister cannot hold that position. I look forward to joining that group and working on this.

This is a very useful debate on a subject close to my heart, and I congratulate the noble Duke, the Duke of Wellington, and my noble friend Lady Altmann, on supporting him and signing the amendment with him. We have a lot of problems—and, as we have heard, they are not just around water quality, though we do have a real problem with that. We have heard about sewage discharge and run-off, and we have heard about the River Wye and the run-off from battery chicken farms. Those are all incredibly important and worrying things. But we also have problems around abstraction. The problems of abstraction and river quality have affected us locally in the Colne Valley, with the aquifer that has been compromised, seemingly, by HS2. As I said at Second Reading, that has only recently been admitted and made public—thanks, particularly, to a local campaign.

We also have an issue around Heathrow, which is not mentioned very often. I can remember many years ago, when I was the MP for the area, being asked to have a look at where the settling pools are. The run-off comes from washing aircraft with very highly toxic chemicals to de-ice the planes, and it goes into the settling pools just on the edge of Heathrow. Unfortunately, from time to time, they overflow in times of excessive rain and flow into local river courses. I understand from a recent discussion I had that that is no longer happening—but these are always risks, and things that we do not always think about.

The problem of sewage has been mentioned. We have had problems whereby a hotel or housing development has been misconnected and sewage has run, untreated, straight into our local rivers. It is also worth mentioning that before she was a Minister, the Minister in the other place, Rebecca Pow, raised with me the question of where hairdressers put all the chemicals that they use in their basins. She referred in particular to ladies’ hairdressers, I think—as noble Lords can see from my appearance, I am somewhat hirsute and not too bothered about hair; I just get a quick trim. These are all very important issues.

As the noble Baroness, Lady Jones of Moulsecoomb, has just said, we are aware of the state of the water in rivers, but actually it does not matter how far up the Thames you go because any river can have these sewage discharges. What concerns me is the wild swimmers, kayakers, fishermen and, as happened locally last weekend, children in low-level water filling up their water pistols—they are more like water sub-machine guns these days—and firing them happily at each other, probably ingesting some of the water. It would be no surprise to me if some of them come down with gastroenteritis or even worse. I hope that that does not happen.

With regard to fishermen, I have to pay a tribute. In the Colne Valley, the Colne Valley Fisheries Consultative and its chairman Tony Booker, as well as Paul Jennings of the River Chess Association, have really pushed on this and made everyone aware of it.

There is a problem: the Environment Agency is vastly underfunded these days, I am afraid to say. I am sure that, when the noble Baroness, Lady Young of Old Scone, was in charge, it had more funds and was more able to deal with some of these incidents. There almost seems to be a lack of interest now, or perhaps it is just a lack of resources, which means that it does not follow up some of these cases.

We have got to take these things seriously. I entirely understand that there is probably a better set of amendments, including the Government’s own later, but I wanted to put down a marker to show that I consider this to be extremely important. If we were sitting here in 1858, with the Great Stink going on, before Joseph Bazalgette came in with his plans for the sewerage of London, we would all be taking this a great deal more seriously.

[Lord Wigley (PC) [V]]

My Lords, I am delighted to follow the noble Lord, not down the road of the Great Stink but certainly on his references to his river experiences. I am delighted to support this amendment and thank the noble Duke, the Duke of Wellington, for tabling it. He spoke eloquently at Second Reading on the issue of the cleanliness of our rivers; I was pleased to support him then and do so now with enthusiasm.

The need to keep our rivers clean, as part of environment policy, is self-evident. Persistent reports of pollution impacting on river life, killing off fish stocks, affecting surrounding lands and environments and even causing health problems to people—particularly children, as has just been mentioned—swimming in rivers are a worrying feature of our contemporary world.

Obviously, there may be implications for landowners, particularly farmers, whose land abuts our rivers—but the overwhelming majority of such people also want to secure clean rivers. If the necessary steps are properly negotiated, they can surely be agreed. The Government should not steer shy of dealing with this issue in the mistaken belief that they will face severe opposition from countryside interests.

Equally, industrial interests must not stand in the way of cleaning up our rivers. Let us reiterate without equivocation that the polluter pays principle must be applied with such force that it becomes a real deterrent. Our water companies must equally be held to account. I want to learn from the Minister what new, effective action to reduce such pollution will emanate from this Bill and who will be responsible in practice for enforcing its provisions in this regard.

As the Minister might expect, I invite him to clarify how he and his department will co-operate with the Welsh Government in relation to rivers that run across the border. Most of them run from Wales into England, but not all and, as river pollution is no respecter of political borders, we must have an agreed approach that respects the wishes of Governments on both sides of the border but also ensures that we work coherently to reduce and, we hope, eliminate the tragic pollution of our rivers.

Incidentally, I have no problem whatever with having UK, or at least GB, standards for these purposes, provided that those targets can be achieved by constructive negotiation by the three, or possibly four, Governments with responsibility for various aspects of environmental policy in Britain.

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[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to take part in this debate, and I thank the noble Lord, Lord Blencathra, for initiating it. I think it has been very useful and I truly appreciate the passion with which he desires to see public engagement with, and understanding of, this Bill. I very much appreciate that. A number of noble Lords have said we need this Bill to be both precise and intelligible, and when we draw on the legal side of things I am very much influenced, as I often am, by the noble and learned Lord, Lord Hope of Craighead, who suggested that in legal terms “nature” would not achieve what “biodiversity” would.

I am going to bring a biological consideration, that being my intellectual foundation to this, and may complicate this debate further by pointing out that where we sit right now at this very moment is, in one definition, a part of nature—we are human animals and the rest of the animal species on this planet are non-human animals—as it is something we created. It is an ecosystem we have created. However, I am not going to go too far down that road, as I fear that may be a debate more fit for the Bishops’ Bar when it re-opens than this Chamber today.

I want to raise the issue that the noble Lord’s amendment brings to the fore, which is the definition of “biodiversity” and, specifically, to explore further what the Government’s understanding of biodiversity is. I can address some questions that have been raised about where this term come from. The noble Baroness, Lady McIntosh of Pickering, suggested that some things are called “biological diversity” and some things are called “biodiversity”. The term “biodiversity” was coined in 1985, and it is a contraction of “biological diversity”. Without being a lawyer, I do not think there is a legal contradiction between using those two terms interchangeably.

What is not always sufficiently understood is that biodiversity is not just having lots of species. There is sometimes a feeling that we are protecting diversity when there is this really rare moth, and there are three reserves where we are saving it, so that is all right because we are saving biodiversity. If we look at what biodiversity is in a much broader sense, it starts at the level of genes. If you look at a magnificent, enormous murmuration of starlings, should you still be lucky enough to have such a thing, or a wonderful flock of sparrows—ditto—then, although it cannot be seen, in the depths there is great genetic diversity. It is something that keeps that species healthy, and if you get population numbers down to a tiny level a very important part of biodiversity is lost. The interchange of genes is lost if you have a series of isolated populations.

It is really important to have the species to have the genes, but biodiversity is also complete ecosystems. These are systems, such as savannah and woodland, that have developed over billions of years, have complex interrelationships and interrelate to their physical environment. That is all biodiversity as well. This is what has made the earth habitable over billions of years and is what some people call Gaia. To look at this in a way that those of a more literary bent in your Lordships’ House might find familiar, this is a library of life. It a library of ideas and a library of ways of interrelating. It has been said that what we are doing by destroying biodiversity is burning through the library of life. So, I would really like to see, perhaps in the Minister’s answer, or perhaps later in writing, a lot more from the Government about their understanding of what protecting biodiversity means. They must make sure that the target for biodiversity—assuming the Bill goes through in its current form—really addresses the different levels and ways in which we need to understand biodiversity, and does not boil down to “Well, we have three reserves for this rare moth and that will do.”

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I support my noble friend’s Amendment 5, to which I added my name. It is always good to follow my noble friend in his wise words. I have to say, though, that I rather feel out of my depth in this debate. I thought that it was going to be quite a simple subject, but I should have thought that we have such experts in your Lordships' House. I have been listening to the legal side of things, which I have little understanding of, while making law, and the excellent speech by the noble Baroness, Lady Bennett of Manor Castle, on a much more scientific, biological aspect.

I come at this with a view that we want to make things simple. We are going to come, in the group following the next, on to a connection with nature. That is my biggest concern. The noble Baroness, Lady Bennett, said that the word “biodiversity” arrived in 1985. I was not a young man, necessarily, when it first appeared, and I had been used to using other words. I have been involved in this environmental field as an amateur for all my life, and I accept “biodiversity”—I use it myself—but I am not sure that the people we want to connect more with nature do understand it. I would say to those noble Lords who have mentioned international things that the European Union introduced Natura 2000; it did not call it “Biodiversitas 2000” or anything else. “Natura” and “nature” have their place. I would regard myself as an amateur naturalist; I do not know how you would say I am an “amateur biodiversity person”.

I think this has been a very useful debate. I end up more confused, though that is a position I often find myself in, listening to debates. But I have to say that there is a real need for us to make sure that our fellow citizens understand that the environment is about what they hold dear—and that is nature. When I was at school, we had nature study; we did not have biodiversity study. But I admit that I am not in the first flush of youth.

[Lord Krebs (CB) [V]]

My Lords, one could argue that what is good enough for Sir David Attenborough is good enough for this Bill. Sir David’s 2020 TV programme “Extinction”, in which he talked about biodiversity, was watched by 4.5 million viewers on its premier. Those people, and the millions more who have watched it subsequently, will have some idea of what biodiversity is.

Although I do not support this amendment for the reasons that my noble and learned friend Lord Hope of Craighead so clearly articulated, I am grateful to the noble Lord, Lord Blencathra, for tabling the amendment, because it provides me with an opportunity, following the noble Baroness, Lady Bennett of Manor Castle, to ask the Minister to clarify precisely what the Government mean when they talk about biodiversity. As my noble and learned friend Lord Hope of Craighead said, words do matter. If the Government are to maintain the term “biodiversity” in this Bill, which I hope they will, please could they explain what it actually means?

I am now going to get a little bit technical. Ecologists recognise a number of different, but interrelated, meanings of the word “biodiversity”. At its simplest, it refers to what is called “species richness”—simply the number of species inhabiting a defined geographical area, such as England. A more sophisticated variant of species richness takes into account the relative abundance of different species. On this measure, an area populated by one extremely common species and, say, five very rare ones will be less biodiverse than if all six species were roughly equally abundant.

As the noble Baroness, Lady Bennett of Manor Castle, has already said, biodiversity can also include genetic diversity within a species. For instance, one might be particularly interested in preserving subspecies that are unique to this island, such as the native pied wagtail, motacilla alba Yarrelli. Furthermore, biodiversity might encompass the genetic distinctiveness of species, by placing a premium on species with no close living relatives on the planet, or on endemic species, such as eudarcia Richardsoni, a micro-moth found only in Dorset.

Finally, biodiversity might encompass the diversity of habitats, such as woodland, heath, peatbog and intertidal marshes, found within a geographical area. Many ecologists distinguish between what they call alpha diversity—species richness within a habitat—and beta diversity, which is diversity between habitats.

I hope that the Minister, in his response, or afterwards in writing, will explain what the Government mean when they talk about biodiversity. At the same time, it would be helpful if he could explain the difference between biodiversity and species abundance, as introduced in Amendment 22, which we will debate later.

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It would be incredible if the biodiversity targets within this clause did not include a terrestrial target. I cannot imagine that the Government would just have a maritime biodiversity target and ignore the whole of terrestrial England. The amendment is quite straightforward: let us not make the choice here between two critical biospheres—ecological systems—that are different but equally important. Quite simply, let us make sure that we have a maritime biodiversity indicator as well as that terrestrial one, which I welcome and is bound to come forward as part of the Bill. I beg to move.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I will speak to my Amendment 10. I am grateful to my noble friends Lord Carrington and Lord Taylor of Holbeach, and the noble Baroness, Lady Bakewell of Hardington Mandeville, for signing it.

It is always a pleasure to follow the noble Lord, Lord Teverson. We spent quite a long time on the Fisheries Act, as it now is. I think I would say “marine” rather than “maritime” as a concept—“maritime” has more connotations to do with ships and so forth. But “marine” and “terrestrial” also join together, and of course, there are the shores. This issue could be solved, quite frankly, by my noble friend the Minister making it quite clear exactly what is covered by this.

Amendment 10 deals with light pollution, which has increased from a variety of sources, including domestic residences, public infrastructure—particularly lighting along roads and motorways—and industrial activity, such as energy infrastructure. Much of the earth’s population is affected by light pollution. Some 80% of the world’s population now live under sky glow and nearly every European cannot experience a natural night sky from where they live. I have not seen the night sky properly where I live—except possibly in a power cut—but when I occasionally go up to Norfolk, along the coast I am blessed to be able to see the night sky in all its glory.

In recent years, evidence of the impact of light pollution on species and ecosystems has grown and consolidated. Increased artificial light at night is directly linked to measurable negative impacts on energy consumption, obviously, human health and wildlife such as bats, birds, insects and plants. Unnecessary artificial light increases financial costs and contributes to greenhouse emissions. Light pollution should be treated with the same disdain with which we treat all other forms of pollution.

Among other organisations that I belong to, I am a member of Buglife, a charity devoted to the protection of insects. I am pleased to say that this week is National Insect Week. Studies from Germany suggest that a third of insects attracted to street lights and other fixed light sources will die. This results in the death of an estimated 100 billion insects in Germany every summer. Light pollution is reducing nocturnal pollinator visits to flowers by 62%, in some areas. Again, to show my slightly nerdy side, from time to time I put out a moth trap, but mine is not as successful as those of some of my friends elsewhere, who do not have the same light amount of light coming in from other sources. We know that moths are attracted to light, but that it confuses some.

Glow-worms use luminescence to attract prey and mates. Artificial light can affect their ability to do both. Evidence shows a decline in the abundance of glow-worm populations with increased proximity to artificial light.

Birds that migrate or hunt at night navigate by moonlight and starlight. Artificial light can cause them to fly towards lit areas. Recent research shows more birds migrating over urban, rather than rural, areas. This deviation from traditional routes can have a significant impact on energy levels during migration and lead them to stop in suboptimal habitats.

The US recognises bird strikes against high-rise buildings as a real problem. In Texas, the former First Lady Laura Bush heads a lights-out campaign, twice a year, to encourage high-rise buildings to switch off their lights, so that they do not kill all these migratory birds. Some of the photographs you see of the carnage caused underneath these high-rise buildings are disturbing.

Artificial lighting can cause many problems for bats, including disrupting roosting and feeding behaviour and their movement through the landscape. In the worst cases, it can directly harm these protected species. As all bats in the UK feed on insects, loss of food sources is also a considerable threat.

For us humans, light pollution is negatively impacting astronomy and our ability to observe the stars. To look up on a cloudless night and see the stars is one of the more uplifting pleasures that we can have from childhood onwards.

Many marine species such as crabs and zooplankton are attracted to artificial lights near the shore, from ports or gas facilities, which can disrupt feeding and life cycles. Many noble Lords will have seen, in one of the more recent David Attenborough programmes, the disturbing sight of turtles coming to shore when they are hatched instead of going out to the sea. They are designed to be attracted to moonlight, but are going towards cafes and restaurants, with all their lights, crossing roads and perishing. This is a real problem.

The British Astronomical Association estimates that 90% of the population of the UK are unable to see the Milky Way from where they live. Evidence shows that light exposure at the wrong time has profound impacts on human circadian rhythm, affecting physical and mental functions. Artificial lighting has been linked to trees bursting their buds more than a week early, a magnitude similar to that predicted for 2 degrees centigrade of global warming.

My amendment aims to set a commitment to act on matters that relate to light pollution currently omitted from the Environment Bill. I hope it ensures that the Government produce targets to reduce levels of light pollution in England. The evidence is clear that light pollution has a significant impact on the normal activity of invertebrates, birds, bats and plants, and that these impacts are more than sufficient to require action. It would be a failure not to address this before we have long-term data and doing so would go against the Government’s draft environmental principles, in particular the precautionary principle, but also the prevention and rectification-at-source principles.

The UK does not yet report on light pollution levels. However, measuring light pollution is simple. Satellite images can be used to establish pollution levels and the CPRE has developed a nine-band classification system that could form the basis for monitoring change. Existing policy on light pollution does not provide sufficient guidance and is not strong enough to tackle its increasing impact. Several countries have introduced national policies on light pollution, such as Germany, France, Mexico, South Korea, Croatia and Slovenia. When I was last in France, I noticed that some villages have the designation “village étoile”, which they relish, because people go to them specifically to see the night sky.

The UK’s Environmental Protection Act 1990, as amended, provides local authorities with statutory nuisance powers to address light pollution, but only when harmful to humans or if it “unreasonably and substantially” interferes with the use or enjoyment of a home or other premises. I am afraid this has not resulted in a reduction in general light pollution. The National Planning Policy Framework offers little consideration of light pollution. The only reference states:

“Planning policies and decisions should … limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation.”


The last comprehensive consideration of the issue by the Government was the Royal Commission on Environmental Pollution’s 2009 report, Artificial Light in the Environment. However, I am afraid that almost none of its recommendations has been implemented.

On national targets, Clause 1 of the Environment Bill provides power for the Secretary of State to “set long-term targets” by regulation, in relation to

“(a) the natural environment, or (b) people’s enjoyment of the natural environment.”

Subsection (2) requires the Secretary of State to set long-term targets in the four priority areas of air quality, water, biodiversity and resource efficiency and waste reduction.

I strongly believe that light pollution should be considered a priority area too, so that the Government are required to set a long-term target to reduce its impact on nature and people’s enjoyment of it. This amendment is designed to achieve that outcome. A national plan intended to prevent, limit and reduce light pollution must include a series of targets and a programme of monitoring. National targets should be set to include no net increase in light pollution and an ambition to increase the number of dark sky reserves.

Finally, I support Amendment 11 in the names of the noble Baroness, Lady Bennett of Manor Castle, and the noble Lord, Lord Whitty. I have my own amendment later in the Bill, Amendment 112, on soil quality, which is as fundamental as anything in the Bill.

[Lord Harries of Pentregarth (CB) [V]]

My Lords, I have two amendments in this group. The later one, Amendment 31, concerns the health of our trees and the first, Amendment 12, planting new trees. It requires the Government to put before Parliament an annual report on the progress made towards achieving the initial target of planting new trees.

The extent and health of what is left of our forests, woodland and trees is a matter of deep concern. We all know the essential role trees play in absorbing carbon dioxide from the atmosphere, thereby making a vital contribution to slowing down climate change. A mature tree absorbs carbon dioxide at the rate of 48 pounds per year. In one year, an acre of forest can absorb twice the CO₂ produced by the average car’s annual mileage. We know in our personal lives how fundamental our trees are for physical health, aesthetic satisfaction and our spiritual well-being.

The Committee on Climate Change has said that we need to raise our current 13% forest cover to 17% by 2050 if we are to have any chance of meeting our climate goals. At the moment, the Government are missing their tree-planting targets by 40 years. If we continue at the current slow rate of tree planting, the Government’s own 2050 targets will not be met until 2091. As those figures show, the number of trees planted each year needs to be very significantly increased.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

I call the noble Baroness, Lady Quin. She is not here, so I call the noble Lord, Lord Randall of Uxbridge.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is a pleasure to follow my noble friend Lord Trenchard. I agree with nearly everything he says. That may surprise some noble Lords but, as I think he will understand, I have a great connection with nature. At the age of nine, in 1964, I was made a member of the RSPB by my grandfather. I am still a member—in fact I am a member of the council of the RSPB. Wildlife and nature have virtually become my religion, in the sense of being where I find solace.

However, there is a lot that can still be done on access for those people who cannot get it. The noble Baroness, Lady Bennett, mentioned public transport. Certainly I have been active in trying to get access for those with disabilities. I am not sure that it is the Government’s job. A lot of the NGOs, including the RSPB itself and the National Trust, are trying their best but it is difficult. As my noble friend Lord Trenchard said, if all people were responsible, more access for walking and so on would be desirable. However, I am afraid that I have seen too many examples—not just in the last year although it has been accentuated—of people who do not know the countryside code and, quite frankly, do not want to know it. I live not in the country but in suburbia. We have some very pleasant walks around our local lake, Little Britain Lake, but it is constantly ruined by picnics and barbecues and so forth. The litter is appalling and ruins the enjoyment of the many people who go there to just wander around and enjoy nature.

Another point I think relevant is that unfettered access is not necessarily good for the natural environment. Again, as my noble friend Lord Trenchard mentioned, where wildlife is concerned, you have to make sure there are some areas without access. You will see it in in reserves and in other places, certainly at breeding times. Again, responsibility comes into it. I am a dog owner myself but I would not let my dog off the lead if there were ground-nesting birds, whether on the shore or indeed on heath-land. Heath-land is another example where you see many paths cut through, where people have just walked all over it—not to mention the dreaded portable barbecues.

Although I want to make sure that people have that connection to nature, we cannot force people. I think there is a role for education, and I have certainly noticed more people being interested—that perhaps goes back to the first debates we had about biodiversity and nature—but it would be unwise to just have unfettered access. I feel extremely sorry for landowners and farmers, and say that I regard the majority of them as custodians of the natural world; there are one or two exceptions but normally they are not individuals that I have come across. We have to be very careful. The idea of getting more people connected with nature is a good one. I am not sure that it should be in the Bill, but I am prepared to see what comes forward.

[Lord Young of Norwood Green (Lab) [V]]

My Lords, as I listened to the noble Lord, Lord Randall, I could not make up my mind—I do not think he could either —about exactly what he wanted. I congratulate the noble Baroness, Lady Scott. She has a point about getting public buy-in, the principle of well-being, and people enjoying the countryside. It is a shared environment. I live next door to the Grand Union Canal and across the road I have access to farmland and so on. Yes, there are people who do not respect that environment; that was one thing on which I agreed with the noble Viscount, Lord Trenchard—it is a question of teaching young people the countryside code. However, the basic principle of including a reference to this in the Bill is worth while. I probably agree in this instance with the noble Baroness, Lady Bennett, that the Government ought to consider exploring the principle of the right to roam. It is as though we imagine that, as soon as we open up these places, they will be terrorised by people who have no respect for the environment. The reality is that the vast majority of people have, and appreciate it.

Environment Bill

Lord Randall of Uxbridge Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I declare my environmental and conservation interests as set out in the register. It is a delight to be taking part in this Second Reading today, so ably and passionately introduced by my noble friend the Minister. It is not just because I know that the knowledge, expertise and commitment to our precious environment in this House will make this a debate that will match the Government’s enthusiasm and commitment to legislate on this issue, but because I was privileged to be present at the birth of the Environment Bill before it was officially announced by Prime Minister Theresa May. Indeed, her foresight in initiating the Bill cannot be understated. Of course, it has been a long time coming as a result of both our leaving the EU and the political impasse that followed, which stagnated our legislative programme. But then, just as things started off again, the world was plunged into the Covid pandemic.

Interestingly, however, two things have come out directly from those delays. First, I have to say that the present Administration have improved the Bill significantly. Secondly, I believe that the pandemic has made us all more aware and more protective of our precious environment. There are of course elements of the Bill that I and many others will want to see strengthened and aspects added to—we have heard about many of them so far and will hear more. However, this should not deflect us from welcoming this much-anticipated and ground-breaking legislation.

The inclusion of the state of nature target has been most welcome although, as always, I shall want to see the details before I can give my 100% support to that aspect. Targets are one thing but only if they are ambitious enough to create meaningful action to achieve them. I welcome the targets in the other areas. I would like to see more ambition around air, water and soil quality, which I am sure we all acknowledge are at the heart of a healthy environment.

The measures with regard to water quality are, as I say, welcome but must go further. I am appalled by the current state of many of our rivers and streams, including those jewels in our riparian crown, the chalk streams. I echo the comments of my noble friend Lord Cameron of Dillington about sewage being discharged into our waterways. It is a national disgrace and we cannot sit idly by. I urge Her Majesty’s Government to give real increased resources to our enforcement agencies to reverse this situation.

Speaking of enforcement, as others have said —I am sure that others will follow—the office for environmental protection must be given genuine independent status if it is to achieve what we all hope it will, although I have to say that I have a lot more faith in Dame Glenys Stacey than some other noble Lords apparently have. I think she will do an excellent, independent job.

It is probably useful that we have an advisory time limit on the length of contributions today as there is so much in the Bill that I would like to discuss. However, I will just mention a few more points. The ideal of net gain on planning is admirable but it must apply to major infrastructure projects if it is to have meaning. There will be ample opportunity for me to speak about the environmental damages caused by HS2 at further stages of the Bill. However, noble Lords might be interested to hear that only last week, despite rather complacent answers from both HS2 and, indeed, the Environment Agency, it has now been acknowledged that there is a real risk of contamination to the drinking water at various locations along the route, including in Uxbridge and elsewhere in the London Borough of Hillingdon. That has emerged thanks only to the dogged campaigning of Sarah Green, one of my former constituents.

That issue raises something we should all be aware of. Sometimes, projects or schemes are put forward as environmentally friendly and are in most cases genuinely thought to be so, but end up being harmful to the environment. Biomass is one such area that must be looked at closely, especially as it receives huge subsidies from the taxpayer. That industry’s potential for deforestation brings me neatly on to the provisions in the Bill for the use of forest risk commodities in commercial activity. As many have said, this is a welcome step in the right direction, but I fear that it also has serious weaknesses around the question of illegality and may even convince some Governments to make more deforestation legal. I will return to that at later stages.

Planting more trees of the correct sort and in the right places is admirable, but we should not ignore the immense carbon storage potential of wetlands and grasslands. We should not just be ambitious about protecting what we have but equally ambitious about creating new habitats. I commend the Wildfowl and Wetlands Trust’s “A Blue Recovery” to my noble friend and all those hard-working officials working on the Bill.

The overuse of pesticides is not only a danger to the whole fabric of our natural world but directly a threat to human health. I think my noble friend can look forward to some amendments on that issue too.

Finally, we have waited far too long for the introduction of a meaningful deposit return scheme. We must have a scheme that is the same throughout the United Kingdom and it should cover as many items as possible.

Although I have teased with promises of amendments to come, I will be trying to practise a certain degree of self-restraint as, above all, I want this important Bill to become law in the best state possible but without too much further delay. I thank my noble friend and his officials for discussing with me and many others across the House to try to sort out issues beforehand. I sincerely believe that the Bill could not be in better hands in this House and I hope that other departments will be as understanding on forthcoming issues around planning, transport and energy, which could derail the Government’s sincere and good environmental credentials, demonstrated so admirably by my noble friend the Minister. Indeed, I sincerely believe that the Prime Minister shares those environmental desires. However, I would mention the proposals to develop—or rather destroy—Swanscombe, and, as mentioned by the noble Baroness, Lady Boycott, and the noble Earl, Lord Lytton, the threat to the area adjacent to that standard bearer for rewilding, the Knepp estate, from housing developments.

Let us get on with this very important Bill. Our natural world cannot wait any longer, but there is much useful work for us to do first.

Air Quality (Legislative Functions) (Amendment) Regulations 2021

Lord Randall of Uxbridge Excerpts

Wednesday 19th May 2021 Grand Committee

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I thank my noble friend for his clear explanation of these rather complicated regulations. I welcome them and am pleased they do not represent a weakening of existing protections. As we have heard, the amendments proposed concern provisions of Regulation 166/2006 that confer supervisory powers on the Commission, and transfer them to the Secretary of State. However, as the primary reporting obligations fall on operators, this is not the self-regulatory shift that we have seen introduced in some other SIs that have been tabled as a result of our leaving the EU.

As with the noble Lord, Lord Whitty, when I see air quality mentioned it attracts my attention. I know that this Government, in particular my noble friend, take the whole issue of air quality seriously. I therefore hope, as we have already heard, that we will see more legislation in the Environment Bill that will ensure that we maintain and improve our air quality, and that it remains a government priority.

I have been raising these issues for a long time, from when I was in the other place. When I have done so it has often been related to the proximity of where I live to Heathrow Airport and the M4. I am afraid to say that those problems still exist, as we all know. Like many last year, I noticed the real improvement during lockdown when traffic and air traffic were at a minimum. The air actually tasted better, if that does not sound too dramatic.

While recognising that this is a debate on a statutory instrument, I hope that I may be allowed a gentle and brief foray into some other air quality issues that I hope we can address in the Environment Bill. After all, my noble friend mentioned some of the things that the Government were doing. One issue that I and the noble Lord, Lord Whitty, pushed on in the Agriculture Act was that of pesticides. We urgently need regulations to prohibit the application of chemical pesticides near buildings and spaces used by residents and members of the public, with the aim of improving air quality and protecting human health and the environment in rural areas. This is a matter of urgency. Although we have received assurances that regulations already in force amply protect the public, I am afraid that I am still far from convinced. Perhaps I, other noble Lords and some campaigners may have the opportunity to discuss this matter with my noble friend during or before the passage of the Environment Bill in your Lordships’ House.

A final plea before I close my comments is again to ask the Government seriously to consider including the World Health Organization PM2.5 limit value as a minimum level of ambition for the air quality target in the Bill. I heard what my noble friend said and I hope that we can put that in legislation.

With those friendly shots across the ministerial ship’s bows, I reiterate that I welcome these regulations.