Levelling-up and Regeneration Bill

Lord Benyon Excerpts

Report stage
Wednesday 13th September 2023 Lords Chamber

Moved by

[Lord Benyon]

230A: After Clause 128, insert the following new Clause—
“Biodiversity net gain: pre-development biodiversity value and habitat enhancementIn Schedule 7A to the TCPA 1990 (biodiversity gain in England)—(a) in paragraph 5(4), after “6” insert “, 6A, 6B”;(b) after paragraph 6 insert—“6A If—(a) a person carries on activities on land on or after 25 August 2023 in accordance with a planning permission (other than the planning permission referred to in paragraph 5(1)),(b) on the relevant date, development for which that other planning permission was granted—(i) has not been begun, or(ii) has been begun but has not been completed, and(c) as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been,the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.6B (1) This paragraph applies where there is insufficient evidence of the biodiversity value of an onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A. (2) The biodiversity value of the onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A is to be taken to be the highest biodiversity value of the onsite habitat which is reasonably supported by any available evidence relating to the onsite habitat.”;(c) in paragraph 10—(i) in sub-paragraph (1), after “habitat enhancement” insert “of an offsite habitat”;(ii) after sub-paragraph (1) insert—“(1A) For the purposes of sub-paragraph (1) (and without prejudice to paragraphs 3 and 4(1)), a habitat enhancement is calculated as the amount by which the projected value of the offsite habitat as at the end of the maintenance period referred to in section 100(2)(b) of the Environment Act 2021 exceeds its pre-enhancement biodiversity value.(1B) The pre-enhancement biodiversity value of an offsite habitat is the biodiversity value of the offsite habitat on the relevant date.(1C) The relevant date is—(a) the date on which the application is made to register the land subject to the habitat enhancement in the biodiversity gain site register, or(b) such other date as may be specified in the conservation covenant or planning obligation.(1D) But if—(a) a person carries on activities on an offsite habitat on or after 25 August 2023 otherwise than in accordance with—(i) planning permission, or(ii) any other permission of a kind specified by the Secretary of State by regulations, and(b) as a result of the activities the biodiversity value of the offsite habitat is lower on the relevant date than it would otherwise have been,the pre-enhancement biodiversity value of the offsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.”;(d) in paragraph 12(1), after the definition of “onsite habitat” insert—““offsite habitat” means habitat which is not onsite habitat;””Member’s explanatory statement
This amendment inserts a new Clause in the Minister’s name which makes provision about the valuation of the pre-development biodiversity value of an onsite habitat and of the enhancement of the biodiversity of a habitat for the purposes of Schedule 7A to the Town and Country Planning Act 1990.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I beg to move Amendment 230A, and I will speak to Amendment 309B. These make clear the Government’s commitment to ensuring that biodiversity net gain achieves its intended positive outcomes for nature. They seek to reduce incentives for site clearance on development sites and on sites generating off-site units.

Biodiversity net gain is a flagship government policy. Officials are working closely with stakeholders to prepare for its implementation. It will mean that new developments improve nature and, as its name suggests, will be a net gain for nature. We have heard concerns raised that developers would be incentivised to clear habitats prior to the submission of a planning application or site survey. We have brought forward government Amendments 230A and 309B to address this concern.

The Environment Act already requires the use of a historic baseline of on-site habitat for sites where habitats have been degraded. These amendments go further and ensure that a precautionary approach to the baseline habitat for these sites must be undertaken when sufficient evidence is not available.

These amendments also seek to close a potential loophole in legislation. Currently, a site could be cleared under an existing planning permission, even if the development and biodiversity gains of this permission were not completed. Then, a new permission could be applied for, using the cleared site as the baseline for BNG purposes. These amendments will prevent this.

The amendments also ensure that habitats will not be cleared in advance of delivering habitat creation off-site in order to sell biodiversity units. Without these amendments, an area of off-site habitat could be cleared and then recreated and sold as habitat enhancement. These amendments will prevent this by requiring that pre-enhancement measurements of biodiversity are registered before any activity that lowers the biodiversity value.

Noble Lords will note that these amendments will apply retrospectively, back to the date of tabling. We have secured law officer agreement to this approach, which is important to make sure that people do not use the period between now and the commencement of these provisions to reduce their habitats’ baselines. I hope noble Lords will see how important these amendments are in addressing these concerns within the existing BNG framework.

I go on to thank my noble friend Lord Randall of Uxbridge for tabling Amendment 282M and the supplementary Amendment 288C. I am pleased to continue the conversation about the importance of these treasured landscapes. Having thoroughly considered Amendment 282M, we are content to accept it in principle. Protected landscapes are crucial delivery partners for so many of our goals for nature, climate and rural communities. We agree that their management plans should be enhanced and that the contribution of partners should be bolstered. This amendment takes a balanced, proportionate approach to achieving these aims. We have a wish to consider any technical drafting amendments that may be required to ensure that the amendment operates correctly in practice. The Government are therefore undertaking to bring forward a similar amendment at Third Reading. This will ensure that protected landscapes organisations continue to be at the heart of our work to unleash rural prosperity and create a network of beautiful, nature-rich spaces that can be enjoyed by all parts of society. This will be supplemented by our upcoming protected landscape outcomes framework and updated guidance, further delivering the Government’s response to the landscapes review.

I take this opportunity to extend my and the Government’s continued thanks to Julian Glover and his panel for this superb piece of work. I also thank my noble friend Lord Randall for his tireless work on this matter, which I know is dear to his heart. With that commitment, I hope my noble friend will not move his amendment and will agree to work with us as we take this forward to, in principle, the same amendment at the next stage.

[Lord Randall of Uxbridge (Con)]

My Lords, I should first declare some interests. When I spoke on the swift bricks amendment in the name of my noble friend Lord Goldsmith the other night, I was so excited that I forgot to declare them. I hope I can make an apology. I have many conservation interests, including as a councilman with the RSPB—particularly relevant to the swift bricks—and, for consideration later today, as a member of the advisory board of River Action, which might give noble Lords an indication of where my interests will lie this afternoon.

I also have some good news. My noble friend the Minister has given me some, which I will come back to, but mine is this: I am losing my voice. I think that will be generally approved of on all sides of the House.

I know my noble friend has been working tirelessly and I thank all those members of the Government in the two departments—the Secretaries of State and the Ministers, as well as many others—who have got us to where we are today. In particular, apart from thanking Julian Glover, who, as my noble friend said, did this excellent review, I thank two strong allies on this from across the Chamber: the noble Baroness, Lady Jones of Whitchurch, who tabled the original amendment in Committee when I was elsewhere, occupied in hospital, and the noble Baroness, Lady Willis of Summertown. Their support has kept me going.

I know that I have begun to sound like a record with a needle stuck in it, but I think it has paid off. I thank everybody concerned with this. National parks and areas of outstanding natural beauty are what we are about, and biodiversity in those areas is depleted. I am pleased that the Government have recognised this and the need for legislation.

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[Lord Benyon (Con)]

My Lords, I will respond to a couple of the points made. First, my noble friend Lord Randall probably took my place on the advisory board of River Action UK, from which I had to resign to take this job. I wish him well in that organisation.

My noble friend Lady McIntosh raises a point she has raised with me before. There are duties on national parks and AOBs to support the local rural economy, and this is very much in line with that. The Glover review was very clear on that, but I will continue to give her the reassurances I can.

To the noble Baroness I say that we have a whole range of different planning requirements and strategies that seek to hardwire green infrastructure into new developments. Biodiversity net gain incentivises developers to find as many sites within those schemes and to green them as much as they can, and, where they cannot, to find other locations to do that nearby. Some will have to be traded on biodiversity credit schemes to be further away, but the key point is that this is a net gain for nature. This is making sure that, from now on, we will see a different approach, which will recognise how nature has been depleted in the past and seek to work to the Government’s very demanding ambitions to reverse the declines in nature by 2030, and to see the continued meaningful protection of land.

I live in an AOB and entirely accept the points that the noble Baroness, Lady Willis, has made, on frequent occasions, that if these areas are to contribute to our 30 by 30 target, they have got to be nature-rich—we have to reverse those declines—and lead the way. We hope that these policies will do that.

Amendment 230A agreed.

Business of the House

Lord Benyon Excerpts

Thursday 11th April 2019 Commons Chamber

[Andrea Leadsom]

Let me again welcome the hon. Lady, and congratulate her on her delivery of an excellent question. She will no doubt be aware that the subject she has raised is of huge concern to Members in all parts of the House, and that the Government have taken significant steps to try to resolve the appalling issue of county lines, which involves drug dealing, the abuse of young people—many of whom are being tackled violently—and the increased incidence of knife crime. It is an appalling problem.

The hon. Lady may also be aware that the Government have set up a serious violence taskforce and a consultation on treating serious violence as a public health emergency. The police are making efforts to tackle the county lines problem and, specifically, gang membership. They are trying to catch gang leaders and intervene earlier to take young people away from a life that leads to serious violence, knife crime and county lines.

[Richard Benyon (Newbury) (Con)]

Tilly Green is an 11-year-old who lives in Bradfield, in my constituency. She suffers from cystic fibrosis and would benefit from the use of a drug called Orkambi, but unfortunately the National Institute for Health and Care Excellence does not allow it to be used. I am consulting Ministers about the matter, but it would be a great help if there were the possibility of a debate in the House to draw out the relatively opaque nature of how NICE decides whether a drug can or cannot be used. Knowing that the treatment would be available in due course would bring great comfort to families like Tilly’s.

[Andrea Leadsom]

I am grateful to my hon. Friend for raising this issue. There are two children with cystic fibrosis in my own constituency, and they and their parents are also campaigning strongly for access to Orkambi. There have been a number of meetings in Parliament between Members and Vertex, the supplier of the drug, to try to move things forward. The Government are doing everything they can to find a way through the problem, but I encourage my hon. Friend and others to keep on fighting for access to this drug.

Business of the House

Lord Benyon Excerpts

Wednesday 3rd April 2019 Commons Chamber

[Pete Wishart]

That sounds like some sort of admission that the Conservatives are on their way out and they are expecting to change places. God help us if what the hon. Gentleman says was ever actually the case. There are in fact lots of deficiencies in the Bill—I am quite happy to concede that—but what he presented is not one of them. The Bill explicitly mandates the Prime Minister to come back to ensure that there is a statement about any conversations she has with the EU. I suggest that the hon. Gentleman should perhaps read the Bill before he intervenes again.

This is a day for precedent, isn’t it? As another part of the breakthrough in the Brexit process, we now have the Prime Minister sitting down exclusively with the Leader of the Opposition. This idea to try to share Brexit with the Opposition is a huge elephant trap that has been set for the Leader of the Opposition, and he has gone wandering into it with his size 12 shoes, like some sort of hairy mammoth. That is exactly what the Opposition are doing today, and it will be fascinating. Today, remainer meets leaver across the table to discuss Brexit—a remainer whose party is a bunch of leavers and a leaver whose party is a bunch of remainers—so this will be fascinating. We are looking forward to the outcome of this particular meeting, and I think the whole House will be thoroughly entertained by the outcome. For Scottish National party Members, this looks a bit like Better Together 2.0: the sequel. Here are Labour and the Conservatives sitting down to conspire to take Scotland out of Europe against its will. That is exactly what will be done, or it looks very much like that to us on these Benches.

[Richard Benyon (Newbury) (Con)]

Is it possible to know the hon. Gentleman’s views on the programme motion, which is what we are debating now?

[Pete Wishart]

If I may gently correct the right hon. Gentleman, it is actually a business motion, not a programme motion, and I am speaking to the business motion. I do not know who informs the Tories, but I think they need the Whip’s note to be passed around to ensure they are actually asking the right questions, because a few of them have come up very short today. However, I always enjoy the entertainment with the right hon. Gentleman and his colleagues.

We will support this business motion today. We know the Government are going to oppose it. What is intriguing is what they are going to do beyond that, because they may very well be supporting the Boles motion—

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[Joanna Cherry]

My hon. Friend is absolutely right. Many promises were made by David Cameron, Ruth Davidson and others during the Scottish independence referendum that have not been kept.

[Richard Benyon (Newbury) (Con)]

The business motion?

[Joanna Cherry]

I will return to the business motion, which in fairness I have addressed so far—[Interruption.] I know that people sometimes do not want to hear the SNP voices in this House, and that has not gone unnoticed in Scotland. Judging by my mailbox, it certainly has not gone unnoticed by many of my constituents who are not natural SNP voters but who still do not like the sight of SNP MPs being howled down. Conservative Members might like to bear that in mind. I am sure that Ruth Davidson will be on the phone to them, because she seems to think that she is going to beat me in my constituency at the next general election—[Hon. Members: “Hear, hear!”] I wouldn’t get too excited, because the person they sent last time did not succeed, and that was before this fiasco unfolded.

I shall get back to my main point, which is the legitimate concern of Conservative Members that what is happening today might set an unfortunate precedent. I say to them that we are in extremis today because of the Government’s failure to govern properly. Nothing in this sorry, chaotic fiasco of Brexit should set a precedent for anything we do in the future. What we are doing today, we are doing only because we are in extremis.

--- Later in debate ---

[Richard Benyon (Newbury) (Con)]

I have agreed with my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) on almost everything. He and I were on the same side in the referendum. In the Government and on the Back Benches, I have been awed by his intellect and his understanding of procedure. I supported him in the Lobby, to the concern of my Front Bench, on a number of occasions recently, not least on indicative votes. I agree with him, and with many Members on both sides of the House, about the utter horror that could be delivered on our constituents by a no-deal Brexit. I agree with my right hon. Friend that of the 17.4 million people who voted undeniably to leave the European Union, not all of them were voting to leave with no deal—they certainly were not—and that we need to make sure we leave in an ordered way. It therefore grieves me that I will not be joining my right hon. Friend in the Lobby tonight. I just want to take a few moments to explain to the House why.

I believe what my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) said earlier about legislating in haste and repenting at leisure. Actually, I would amend it: if we legislate in haste, we repent in opposition. We need to be very careful about how we use the procedures of the House. I am entirely with my right hon. Friend the Member for West Dorset and others—many Members on both sides of the House, with whom I have worked with on these issues in recent months, are absolutely genuine—on using the procedures of the House to stop bad things, such as no deal, happening to our constituents, but my right hon. and hon. Friends must understand that their efforts are being played by people who want other things. We therefore have to be very careful about how we use them.

I came to the decision before I arrived at the House not to support the motion. I had no conversations with Ministers, Whips or anybody else. I am just uncomfortable about it. I believe that what happened yesterday is an issue in our debate on procedures. The Prime Minister made a clear commitment. In a Parliament where trust has become a much rarer commodity than at any time in my 14 years in this House, and where trust in this House is much limited from people outside it looking in, I do trust the Prime Minister. If that trust is not upheld, I am sure that the schadenfreude from all sides of the House will be heaped upon me. But this is a very difficult time for the country. This is a moment to show support for what she did last night and for the country as it leaves the European Union. We must respect the result of the referendum in a way that ensures we leave in an ordered fashion.

My commitment to the group of Members on all sides of the House with whom I have been working remains the same. My commitment to making sure we leave in an ordered way and respect the result of the referendum remains the same. However, I will be supporting the Government in the Lobby tonight.

Business of the House

Lord Benyon Excerpts

Thursday 10th January 2019 Commons Chamber

[Mr Speaker]

Order. I have looked forward to hearing from colleagues who have a chance to participate in the business question—as, of course, the Leader of the House has not merely the opportunity but the obligation to do—so I will content myself simply with saying this.

There was nothing arbitrary about the conduct of the Chair yesterday. This Speaker is well aware of how to go about the business of chairing the proceedings of the House, because he has been doing so for nine and a half years. I hope that colleagues will understand when I say that I require no lessons or lectures from others about how to discharge my obligations to Parliament and in support of the right of Back-Bench parliamentarians. I have been doing it and continuing to do it, and I will go on doing it, no matter how much abuse I get from whatever quarter. It is water off a duck’s back as far as I am concerned.

[Richard Benyon (Newbury) (Con)]

Last night in Westminster Hall, during a debate about the armed forces, a Minister put the case very eloquently for more spending on defence, not just because of the threat that this country faces, but because of the wider benefits to society of our armed forces. Would it be possible for us to have such a debate in Government time, so that we could really make the case for investment in our armed forces?

[Andrea Leadsom]

I am very sympathetic to my hon. Friend. He will be aware that in the Budget the Chancellor pledged an extra £1 billion for the Ministry of Defence over the next two years. Defence questions will take place on Monday, and I encourage him to raise the matter then.

Business of the House

Lord Benyon Excerpts

Thursday 13th September 2018 Commons Chamber

[Andrea Leadsom]

I am grateful to the hon. Lady for raising the important matter of early years and the cross-Government group that I chair. I encourage her to write to me, and I will see whether I can use some of her evidence in that group. At the same time, I encourage her to seek an Adjournment debate to raise the matter directly with Ministers.

[Richard Benyon (Newbury) (Con)]

About four months ago, this House passed the Sanctions and Anti-Money Laundering Act 2018, part of which—the so-called Magnitsky provisions—require this House to undertake a review process to hold this and future Governments to account on the sanctioning of people in this country. Will the Leader of the House inform us of the progress being made in setting up the kind of body that will do that work for the House and hold the Government to account?

[Andrea Leadsom]

I am aware of the amendment that seeks to ensure that we can hold individuals to account better than before. I am not aware of the exact progress, but if my right hon. Friend writes to me, I will take the matter up with Ministers on his behalf.

Business of the House

Lord Benyon Excerpts

Thursday 28th June 2018 Commons Chamber

[Andrea Leadsom]

I did say that I felt very sorry for the Germans; the hon. Lady can pass that on to him. I thank her for confirming that she and Members of the Scottish National party wish the England team luck. That is no surprise to hon. Members across the House. We are a family with ancient, historic, cultural and familial links that we should celebrate at all times.

The hon. Lady raised an incredibly important point about the Gosport review and the independent panel’s report. As she knows, the Health Secretary came to update the House on the findings of the Gosport review as soon as he was able last week. I am sure that there will be further reports from Ministers on how we intend to tackle the matter, but the hon. Lady makes a very sensible suggestion, which I encourage her to raise directly with Ministers.

[Richard Benyon (Newbury) (Con)]

It has been a particularly unpleasant summer for some residents in towns such as Thatcham and Newbury, and in the area of my constituency neighbour, my hon. Friend the Member for Reading West (Alok Sharma), because of illegal encampments by Travellers. Would my right hon. Friend consider an opportunity in this House for colleagues who have experienced similar problems in their constituencies to raise the need for a change in the law? The situation is totally unacceptable for law-abiding people whose lives have been made a misery by the selfish and illegal actions of these individuals.

[Andrea Leadsom]

My right hon. Friend raises an issue that, unfortunately, crops up time and again in this place, as many hon. and right hon. Members have grave concerns about illegal Traveller encampments in their constituencies. He will be aware that we have recently had debates on the subject, both in this Chamber and in Westminster Hall. The Government are now looking at whether there are sufficient powers and it is a matter of enforcement, or whether more powers are needed to enable local authorities to deal effectively with what is a really serious problem for local communities.

Business of the House

Lord Benyon Excerpts

Thursday 29th June 2017 Commons Chamber

[Andrea Leadsom]

Of course, it was this Government who introduced an Act that seeks to stamp out human slavery. We take a world-leading role in stamping out modern slavery. The right hon. Gentleman is right to point out that we do commit to overseas development aid, which goes in great part to supporting efforts to stamp out human slavery. He raises an incredibly important point. I am certainly sympathetic to it and will raise it with the Chief Whip.

[Richard Benyon (Newbury) (Con)]

Many right hon. and hon. Members on both sides of the House await with great eagerness the Government’s 25-year plan for the environment. I know that this is a matter of great interest to my right hon. Friend and I very much hope that she will tell us that it is going to be published and that there will be a statement to the House when that happens.

[Andrea Leadsom]

I absolutely praise my right hon. Friend for his contribution to protecting and enhancing our environment. Our manifesto made a commitment to the 25-year plan and we remain fully committed to it. The great repeal Bill will bring all EU environmental legislation into UK law, and our ambition is to be the first generation that leaves the environment in a better state than we found it. I am very proud that the Conservative party remains committed to that outcome.

Business of the House

Lord Benyon Excerpts

Thursday 10th March 2016 Commons Chamber

[Chris Grayling]

I think that the process is fine. We will review it after 12 months. If the hon. Gentleman has ideas about how to improve it, I will be very happy to listen to him. What I will not do is reverse the gesture we have made to the English of saying, “You have a part of the devolution package as well.” I do not think a position under which the Scots, the Welsh and the Northern Irish can have devolution while the English are left out is remotely acceptable. We have no intention of going back on it.

[Richard Benyon (Newbury) (Con)]

West Berkshire Council is a very well run authority, but it has been forced by a bizarre funding formula to do the very un-Conservative thing of raising taxes and cutting services for people in need. Alongside that, there are the perverse actions of the Valuation Office Agency. At the click of a bureaucrat’s button, it can wipe millions of pounds of business rates on large sites away from a small unitary authority. May we have a debate about the actions of the Valuation Office Agency to try to get some common sense on how small local authorities are funded?

[Chris Grayling]

My hon. Friend makes an important point. I will draw his concerns to the attention of my right hon. Friend the Secretary of State for Communities and Local Government. My hon. Friend may also wish to raise that matter in the Budget debate next week. As I said earlier, it is likely that the issue of business rates will be raised then.

Business of the House

Lord Benyon Excerpts

Thursday 23rd January 2014 Commons Chamber

[Mr Lansley]

The House has just debated the Offender Rehabilitation Bill and these issues were discussed. My recollection is that, in particular, the issue was not a lack of time, but that the related piloting—for example, in Peterborough—has illustrated the benefits of the approach taken by my right hon. Friend the Secretary of State for Justice.

[Richard Benyon (Newbury) (Con)]

Will my right hon. Friend find time in the programme for a discussion on provision for young people with dyslexia? The Government have gone a long way, and we are publishing a new code of practice, but the issue is how things are working in schools and getting early intervention to help those with dyslexia to be able to perform adequately in schools.

[Mr Lansley]

My hon. Friend is absolutely right that these are important issues. Indeed, there are often opportunities—I hope that they will continue—through the Backbench Business Committee to discuss them. Of course, in the wider sense for children with special educational needs, the Children and Families Bill contains important new provisions. It is in the House of Lords now, so to that extent, we have debated it here. Some amendments might come from the House of Lords in due course that will afford an opportunity to debate some of the issues that my hon. Friend raises, and I hope that he has that chance.