Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026

Lord Roborough Excerpts

Monday 13th April 2026 Grand Committee

[Baroness Redfern (Con)]

My Lords, I thank the Minister for her introduction to these regulations. I will speak very briefly to one or two concerns. The wording in the proposed regulations appears somewhat unclear, with insufficient information to gauge the instrument’s policy objective and intended implementation. Importantly, no meaning is given for the term “reasonably proportionate”. Replacing the widely understood and legally tested concept of overall coherence with that vague concept could lead to a failure to maintain or improve the status of the marine protected area network. How will this definition maintain existing levels of environmental protection?

The compensation to be delivered through wider compensatory measures reads as extremely broad in the explanatory material, the only condition being that it must benefit the wider MPA network. This could undermine environmental protections. Again, more clarity is required to ensure that environmental protections under the habitat regulations are not severely reduced, as our habitats are so valuable. I look forward to the Minister’s response.

[Lord Roborough (Con)]

My Lords, I also thank the Minister for introducing the draft conservation of habitats and species regulations today and I share many of the concerns laid out by the noble Baroness, Lady Grender. Before I begin, I draw the Grand Committee’s attention to my register of interests as an owner and developer of onshore wind energy infrastructure.

We on these Benches recognise the challenging situation that offshore wind developers face and the need to simplify the process to make schemes deliverable. Equally, we recognise the environmental issues. This month’s updated assessment and good environmental status of the UK marine strategy shows that cetaceans, birds, fish, benthic habitats, food webs, contaminants and marine litter have not met good environmental status. Another six categories have been partially met or are uncertain; only two categories have seen GES met. The update highlights the mixed picture for marine ecosystems, with high pressure on our seas, which are getting warmer, more acidic and oxygen depleted. This is not an encouraging picture and highlights why legislation, such as that we are considering today, needs to be given detailed scrutiny.

These regulations seek to shift how compensation for the environmental impact of these developments is determined and delivered. The compensation, rather than necessarily focusing on the features directly affected, could target similar features, potentially elsewhere in the UK’s MPA network. My first concern with the SI, which, as others have mentioned, has already been highlighted by the Secondary Legislation Scrutiny Committee, is that it leaves much of the crucial detail to future guidance. The Government have conceded that they are taking a novel approach, but this is no justification for asking the House to approve a framework without being clear how it will operate in practice. The Government conducted a six-week public consultation ahead of these reforms, and it simply is not clear why the draft guidance could not have been published to coincide with this legislative process. Instead, the guidance will be published only once the SI has come into force on 21 May. This is not good practice.

My second concern is that this approach allows for a similar approach to that taken under the Planning and Infrastructure Act, which the House spent so much time on earlier this year, which allows environmental damage through development with the conscience salved by payment to a general fund, although, at least in this case, I am grateful that the compensation hierarchy is protected from the outset. Like the noble Baroness, Lady Grender, I am also grateful to the Wildlife Trusts for their briefing on this. It is the third tier of compensation where the main issue lies, potentially allowing for irreparable damage to key threatened species and habitats without any requirement for that species or habitat to obtain compensating benefit. Can the Minister reassure us that tier 3 would not be permitted in these circumstances and that it would not be allowed to become the default setting as a simple way of bypassing the compensation hierarchy? It would also be helpful to receive reassurance that the compensation funds raised through this legislation would be applied only to damage being caused by the offshore wind industry rather than becoming a general pot that could be used in other industries.

It has been left to the future guidance to set out the hierarchy of compensation measures, determining which are the most beneficial to the MPA network. How will the condition of this network be better monitored in order to understand which measures are the most beneficial? As has been pointed out by Wildlife and Countryside Link, many assessments are over six years old, and many features are not assessed at all. Further, any agreements reached with developers must be deliverable and viable so as not to deter investment.

Building on the recommendation of RenewableUK, how will the forthcoming guidance balance the timing requirements involved in implementing compensation measures with the project’s construction schedules, for example? Can the Minister confirm that the guidance will be kept under review to respond to concerns as they arise, while giving certainty in what is already a complex policy environment? Is it likely that the guidance will address the concerns I have raised? Which agency will be responsible for implementing this legislation and who will cover its costs?

It is hoped that the establishment of marine recovery funds will enable developers to compensate for environmental impacts for multiple projects, yet MRFs are not mentioned in the Explanatory Memorandum. It is also important to note that MRFs are voluntary schemes. Can the Minister explain what the Government anticipate the take-up of MRFs will be and how significant a role they will play in environmental compensation?

Our concerns about this SI are focused on how the changes will operate in practice. The devil is always in the detail. To be clear, we on these Benches support the development of affordable, home-grown energy sources; that is why we oppose the Government’s ongoing ban on new oil and gas licences in the North Sea. Indeed, amid a web of subsidies, environmental schemes and regulations such as these, it is crucial that we do not lose sight of the big picture. We need to prioritise our energy security in cost-effective ways in order to lower the overall cost to the taxpayer, while being responsible and honest custodians of our ecosystems in order to benefit future generations. As the Minister laid out earlier, I know that she shares these aims.

I look forward to hearing the Minister’s response. I am conscious that I have asked quite a few questions so, if she feels the need to write, that is of course welcome.

[Baroness Hayman of Ullock (Lab)]

I thank the noble Lords who have taken part in this debate. I will try to be brief because we have some votes coming up fairly soon. I will write to noble Lords on anything I have not covered; I thank noble Lords for their thoughtful contributions and comments.

We are trying to strike the right balance in establishing a new approach to environmental compensatory requirements for offshore wind. We need to accelerate our shift towards renewable energy, but we also need to ensure that we still have positive outcomes for the environment—in particular, the marine environment. What has come across today is that both Ministers and noble Lords understand the importance of getting that balance right.

We have covered a lot of ground so I will do my best to cover some bits quite quickly. On the publishing of the guidance, as I mentioned in my opening speech, I recognise the concerns expressed by the Secondary Legislation Scrutiny Committee on our approach of laying the guidance in draft for the moment then laying it in full after we have debated it. It is critical that we deliver this statutory instrument. We have been fully transparent about the policy intent that underpins both the SI and the guidance. As I said, the response to the consultation and the published policy clearly set out what the guidance is going to cover. We have tested the draft guidance with users and held constructive discussions with key stakeholders to discuss the guidance content; we have also collaborated closely with the Scottish Government to ensure that we have proper alignment.

As I said, the guidance will apply in English waters to Wales and Northern Ireland waters, which is why the work that we have done with the devolved Administrations has been so important. The guidance will outline the wider compensatory measures and will explain how a developer could demonstrate that any proposed compensatory measures would provide ecological benefits to the UK’s marine protected area network. It will also explain that this will be achieved in different ways for each tier of the compensation hierarchy, which will give more information on that. The guidance will also cover the requirement for all wider compensatory measures to be taken from the library of strategic measures, and it will lay out an expectation for wider compensatory measures to be delivered through the marine recovery fund, because that is the best way to have a proper, co-ordinated approach.

I come to the point about ensuring that the compensatory measures do not lead to a deterioration. The Division is on so I will have to come back—I am very sorry.

Trail-hunting

Lord Roborough Excerpts

Wednesday 18th March 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

As I said, this is a manifesto commitment and it is my responsibility to deliver it. On the other concerns that my noble friend raised, we will start the consultation soon. I encourage people to look at it and take part, because it will be comprehensive.

[Lord Roborough (Con)]

My Lords, our rural police forces are already overstretched, and banning a harmless country pursuit will simply stretch them further and alienate them from the community they protect. As has been discussed, hunting with dogs has already been banned by Parliament. This has resulted in only 52 convictions for organised hunts, with only one of those based on evidence collected by the police. Rather than now targeting trail-hunting, have the Government considered that laws that cannot be effectively enforced by the police are bad laws?

[Baroness Hayman of Ullock (Lab)]

It is also important to stress that, if there is a law, people should obey it.

Sustainable Farming Incentive: Small Farms

Lord Roborough Excerpts

Wednesday 11th March 2026 Lords Chamber

[Lord Roborough (Con)]

The new SFIs offer some reduced payment rates per acre and remove management payments—winter bird food falls by 24% and herbal leys by 41%. SFIs require substantial expenditure by the recipients in order to claim these payments, and reducing payment rates dramatically reduces the potential for profit and the incentive element of the SFIs. To the point from the noble Lord, Lord Carrington, costs are going up for farmers. Could the Minister tell us what work has been done by the Government to ensure that these are adequate payment rates? Will they commit that, if take-up of these schemes falls below budget, the full farming budget will be used elsewhere to support the farming sector directly? I refer the House to my interest as a farmer in receipt of SFI payments.

[Baroness Hayman of Ullock (Lab)]

The Farming Minister has spent a long time looking at the different options to try to target the types of farm and types of productivity that she wants to increase. The noble Lord is absolutely correct that the management payment has been removed. That was done to increase the amount of budget that would be available for new agreements. We want as many farmers as possible to be able to benefit from SFI funding this year, which is why that payment was taken out. A number of actions have come out but, in some areas, agreements have seen the payments increase for certain activities—for example, on moorlands. Some areas have gained and some have not, but it is about getting the balance towards where the Government want to see things changing.

PFAS

Lord Roborough Excerpts

Thursday 5th March 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

As I said, we will be taking a precautionary principle approach. The noble Baroness talked about school uniforms; it is important that we make sure that children are protected as much as possible. We recognise the concerns in this area. Her point about mattresses is also important. The textiles industry is already moving away from PFAS voluntarily, but we clearly need to do more. I assure noble Lords that the PFAS plan is the starting point and the platform for moving forward in this area. This is not the limit of our ambition.

[Lord Roborough (Con)]

My Lords, we are concerned that the plan promises high-level actions without clear timelines for phase-outs or mechanisms for delivery. In addition, companies need sufficient time to explore safe alternatives and for the supply chain to adapt accordingly. What are the Government doing to support the private sector in innovating viable alternatives to PFAS?

[Baroness Hayman of Ullock (Lab)]

The simple answer is that we are carrying out a lot of stakeholder engagement. We are working very closely with industry and business. As I said, the textiles industry is moving that way voluntarily. We need to work with other sections of industry in the private sector to encourage them to do so, because the more we can do now voluntarily, the better, while we bring in our more detailed plans.

British Farming: Competitiveness

Lord Roborough Excerpts

Tuesday 3rd March 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My noble friend is absolutely right that working with the European Union around sanitary and phytosanitary issues regarding veterinary medicines is very important and something that we are clearly focused on. I also thank her for her role in the Veterinary Medicines Working Group. The whole group came together to do the best we could to ensure that veterinary medicines were still available in Northern Ireland after the end of the grace period at the end of last year. We will continue to work together on how we move forward within the EU reset.

[Lord Roborough (Con)]

My Lords, the Government have said that they do not expect the EU–Mercosur trade deal to impact UK food production, supply or security, or indeed UK imports of agricultural products from the bloc. However, the British Agriculture Bureau has taken a market-wide view and has warned that the deal risks increasing competition on the EU market, potentially displacing products on to the UK market. What is the Minister’s assessment of this? I declare my interest as a dairy and beef farmer.

[Baroness Hayman of Ullock (Lab)]

It is important to say that the UK values its relationship with the Mercosur countries and we are committed to identifying ways to continue to strengthen our trade relations. We are not currently negotiating a free trade agreement with Mercosur, but our trade strategy is clear that we will consider new free trade agreements where there is a comprehensive deal that makes sense at the time.

Forest-Risk Commodities

Lord Roborough Excerpts

Monday 2nd March 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My noble friend asks a really important question. We announced a review of the UK’s approach to responsible business conduct as part of the UK trade strategy, and that is exploring the UK’s effectiveness in preventing human rights harms, labour rights harms and environmental harms in supply chains. That is how we are looking to support businesses and give them access to the kind of information my noble friend talks about.

[Lord Roborough (Con)]

My Lords, while it is right to take steps to protect forests overseas, I point out that Brazil and Indonesia, for example, have 50% forest cover, versus only 13% here. These countries already protect their forests through the Brazilian forest code and the Indonesian timber legality assurance scheme. Can we not do more to make the world greener in our own country by increasing our paltry 16.5% forest cover target? I declare my interest as an investor in SLC Agricola and Anglo Eastern Plantations, and as a forest developer.

[Baroness Hayman of Ullock (Lab)]

We have ambitious tree-planting proposals, including planting three new national forests—one has already begun and two are well on the way—because it is important that we increase tree coverage. We are also looking at how we can better protect the forests we already have, particularly our ancient woodlands. The environmental improvement plan the Government have recently published addresses many of those issues.

Global Biodiversity Loss and National Security

Lord Roborough Excerpts

Monday 23rd February 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

At least the noble Baroness thinks I sound good. The revised environmental improvement plan is designed to deliver everything the noble Baroness talked about. We are working very hard in Defra to ensure that it does.

[Lord Roborough (Con)]

My Lords, the Taskforce on Nature-related Financial Disclosures aims to bring nature into the core of business and financial decision-making, recognising that the health of our natural environment is crucial to the long-term health of our economy. What are His Majesty’s Government doing to accelerate adoption of TNFD reporting to incentivise better performance and thus encourage businesses to channel investment into nature recovery?

[Baroness Hayman of Ullock (Lab)]

I thank the noble Lord for mentioning the TNFD, because it is very important. We are continuing to fund the Green Finance Institute to progress market capacity building and uptake through the TNFD UK consultation group. That is evolving to include a pilot programme on integrated nature transition plans. Fifteen businesses are currently already signed up to that. We are also in the process of onshoring the International Sustainability Standards Board’s general sustainability and climate disclosure standards in the UK. That will draw on the work of the TNFD. We are looking at its imminent work on nature standard-setting. Once that direction of travel is clear, it can inform our future paths on policy and regulation.

Water Companies: Fines

Lord Roborough Excerpts

Thursday 29th January 2026 Lords Chamber

[Lord Roborough (Con)]

My Lords, to follow my noble friend’s question, the Government have announced that water company fines will help fund environmental restoration, including 100,000 new trees. To put that in context, a block that size would be only 50 hectares and cost £200,000. That seems a token effort. Will the Minister commit to more ambitious targets for the use of these fines in environmental restoration and tree-planting? I refer the House to my interest in developing new forests.

[Baroness Hayman of Ullock (Lab)]

The Government have very ambitious plans for tree-planting, including three national forests, one of which has already begun planting and two are progressing well, so we are very keen. We understand the impact that trees can have in mitigating both climate change and flooding. We absolutely want to work with farmers to ensure that we can help and support them to plant trees in order to support their ambitions.

Yorkshire: Sustainable Water Management Solutions

Lord Roborough Excerpts

Wednesday 28th January 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

I assure the noble Baroness that we talk regularly about the importance of this not just to the Treasury but to other departments.

[Lord Roborough (Con)]

My Lords, following on from the question from the noble Baroness, Lady Boycott, the Forestry Commission and the Woodland Trust have produced excellent research on the water-related benefits of tree planting, peatland restoration and rewetting wetlands. This demonstrates that reductions in peak flow rates during high rainfall events alleviate flood severity and that better water retention reduces drought severity and improves water quality. How will the Minister bring together the water companies, the insurance industry and infrastructure owners, as the beneficiaries of these nature-based solutions, to fund true catchment-scale investment not just in Yorkshire but all around our country? I declare my interest as a landowner.

[Baroness Hayman of Ullock (Lab)]

As I mentioned in response to the earlier question, we know that natural flood management attracts contributions from partners, including private partners, and that is something we must do. As the noble Baroness has just said, flooding has a big impact on climate change. We are not going to solve this unless we bring everyone together—the Government, infrastructure developers, the private sector and so on.

Meat Labelling

Lord Roborough Excerpts

Tuesday 13th January 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

The question from the noble Lord, Lord Trees, gives me the opportunity to mention the demonstration of life protocol for sheep and goats. I know that he is a very strong proponent of this. In fact, his support was instrumental in establishing the protocol, which is based on the New Zealand model. I am glad to confirm that the Government very much support this. The demonstration of life protocol provides assurance for Muslim consumers that the stunning of sheep and goats is compatible with halal slaughter requirements. The protocol protects the welfare of the animals involved while also supporting any opportunities for trade. The Food Standards Agency oversees the monitoring and enforcement of animal welfare in slaughterhouses, and it also supports the protocol. So the Government will consider ways they can encourage halal slaughterhouses to use this protocol.

[Lord Roborough (Con)]

My Lords, data from the Food Standards Agency revealed that in the last decade 27% of inspections of slaughterhouses permitted to perform religious non-stun slaughter concluded with a rating of improvement necessary or urgent improvement necessary. This compares with just 10% of all other establishments. Can the Minister clarify what the Government are doing to strengthen the enforcement of existing rules and standards? I refer the House to my registered interest as a livestock farmer.