Environment Bill

Viscount Trenchard Excerpts

Committee stage
Monday 28th June 2021 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I support the Government’s approach on this. Requiring a policy statement on environmental principles is the right approach. Obviously, government must follow the principles, but to make this explicit in the way proposed in the lead amendment would provide scope for mischief-makers and single-issue enthusiasts doggedly to pursue matters in the courts and elsewhere, to the detriment of efficiency and the overall public interest.

The Bill does not and cannot go into the necessary detail, so it seems to me that Amendment 73 would create sweeping requirements and huge uncertainty. For example, how could you prove that environmental protection was integrated into the making of all policies? How could you prove that the polluter pays principle was respected—and in every public body, as now suggested? I am afraid that this is virtue signalling, and it is unenforceable. We have too much repetitive legislation moving in the direction of vague promises and, therefore, storing up decades of trouble for perhaps a favourable headline today. On a Bill so important for the future of our country, I feel that it is time to call a halt.

I have another concern, which is the reference to the precautionary principle in Clause 16. As I think we will hear in due course from my noble friend Lord Trenchard, the Taskforce on Innovation, Growth and Regulatory Reform, set up by the Prime Minister on 2 February, is set to recommend that this principle should not be carried over from EU law. What is my noble friend the Minister’s response to this? Can he kindly explain why the precautionary principle needs to be included in the list of environmental principles?

The basic difficulty of the precautionary principle is obvious. It provides no mechanism for determining how precautionary we need to be. It can always be argued that, however precautionary it is proposed we should be, we should be even more so. Should the chance of death from a new medicine be less than one in a million, or one in a billion? We have no means of deciding. Human progress has also been characterised by innovation, from the wheel and wheat yields to the internet. The precautionary principle could put the latest innovations at risk and, I fear, ensure that they are not invented here in Britain. The list in Clause 16(5) seems more than adequate for environmental protection without this extra principle.

[Viscount Trenchard (Con)]

My Lords, it is a great pleasure to follow my noble friend Lady Neville-Rolfe, and I agree with everything that she said.

The noble Baronesses, Lady Jones of Moulsecoomb and Lady Boycott, seek in Amendment 73 that, in preparing his policy statement on environmental principles, the Secretary of State

“must adhere to the environmental principles.”

Clause 16(2) already commits him to explain how the principles should be interpreted and proportionately applied. I therefore rather doubt that this amendment is necessary. The principles already carry great authority, as they are included within the nine environmental principles contained in the withdrawal Act. Four of these were included in the Lisbon treaty and are the same principles—with the addition of the integration principle—that are the subject of the Government’s consultation launched on 10 March and included in the Bill.

It is disappointing that, even though the Prime Minister has welcomed the report of the Taskforce on Innovation, Growth and Regulatory Reform, published on 16 June, this landmark Bill is being introduced on the assumption that our environmental regulatory regime will basically stay the same as it has been under the EU. The task force, under the chairmanship of my right honourable friend Iain Duncan Smith, recognises that our departure from the EU provides a one-off opportunity to set a bold, new regulatory framework and proposes the adoption of a proportionality principle to replace the EU’s precautionary principle which, as the report points out, has led to innovations being

“stifled due to an excessive caution”.

It continues by saying that, freed from the precautionary principle, the UK should

“actively support research into and commercial adoption by UK farmers … of gene edited crops, particularly those which help the transition away from agrochemicals to naturally occurring biological resilience.”

It is disappointing that the precautionary principle has found its way into the Bill and that the Government have proposed it as one of the five principles on which future environmental policy is based. It is of some limited comfort that it has been downgraded from its number one position in the Lisbon treaty to the fifth of five in the draft policy statement on which the Government are consulting. Interestingly, Clause 16 of the Bill places it third out of five.

Last Wednesday evening, I tabled Amendment 75A, to replace the “precautionary principle” with the “proportionality principle” in Clause 16(5)(c). It was accepted on Thursday morning, but only for the fourth Marshalled List, which is of course pointless because it will be by-passed by the time that list is finalised tomorrow.

The noble Baroness, Lady Jones of Moulsecoomb, in her Amendment 75, seeks to increase the number of environmental principles to which, following her Amendment 73, not only the Secretary of State but all public bodies and authorities are compelled to adhere. The counter-innovative precautionary principle makes it into her list at number three out of no fewer than 12, some of which are very broadly drawn. Her amendment would have the reverse effect from the objective of the Government to simplify and clarify our very bureaucratic regulatory rulebook.

The noble Baroness, Lady Parminter, in Amendment 76, would require all public authorities to have regard to the policy statement on environmental policies. I am not sure that this amendment is necessary but, if it were adopted, it would certainly provide another good reason why the environmental principles should be simple and clear.

I am unable to support Amendment 77A, in the name of my noble friend Lady McIntosh of Pickering, which would I think put the Crown in a very difficult position. The precise definition of what is in compliance with the principles as drafted and what is not is very subjective.

I am also unable to accept Amendment 78, in the name of the noble Baroness, Lady Parminter, because the exception for the Armed Forces is very important. There may be other exceptions regarding resource allocation that the Government may reasonably need to rely on.

I look forward to hearing my noble friend the Minister’s response on the amendments regarding the devolved authorities and their powers. I just say, however, that I regret that this United Kingdom Parliament cannot legislate for the whole country on such high-level matters as environmental principles. Politicians in the four home nations will constantly try to adopt slight differences in policy to show their power and for their own political purposes. I have listened to the noble and learned Lord, Lord Hope of Craighead, on this matter, but I very much hope that my noble friend, through the UKIM Act and otherwise, will find a sensible way through to a common position. I certainly look forward to hearing his rationale for Amendments 80, 298 and 299, which I am inclined to support.

[Baroness Quin (Lab) [V]]

My Lords, this is the first opportunity that I have had to speak on the Bill, since I was unable to take part at Second Reading. Perhaps I should begin by assuring noble Lords that I do not intend to make a Second Reading speech on this group of amendments, even though they are wide-ranging. I simply say that, through the course of the Bill, I hope to take an interest in the key issues of air and water quality, biodiversity and waste management. I also wish to raise again, where appropriate, the issue of access to the countryside, concerned as I am about the 38,000 miles or so of permissive access that have been lost with the closure of the CAP-funded stewardship schemes. In speaking today, I should perhaps also point out a non-financial interest that I have, namely that I am president of the Northumberland National Park Foundation.

Regarding the amendments in front of us, I support those in the names of my noble friends Lady Jones of Whitchurch, Lady Hayman of Ullock and Lady Young of Old Scone, who spoke a few moments ago. I also broadly agree with the noble Baronesses, Lady Jones of Moulsecoomb and Lady Parminter, on the importance of the environmental principles and stating what they are, as well as on embedding environmental principles at all stages in the work of government and public bodies and authorities.

I shall comment briefly on the amendments that relate to devolution, although I understand and rather sympathise with the point made by the noble Lord, Lord Wigley, that this seems a rather strange marriage of amendments in this particular group. I support full respect for the devolution settlement, but I hope none the less that there will be proper and full consultation and, indeed, willingness—despite political differences—to learn from each other in the relationships between the devolved authorities.

I read with interest the letter the Minister sent to all of us at the end of last week, addressing some of the points that had been raised in the debate last Wednesday regarding environmental principles and the devolution settlement. In explaining the position, he talked about policies that were tailored to each of the nations, and while I broadly accept what he said, I would like to make the point, which echoes something the noble and learned Lord, Lord Hope, said, that environment issues cross borders. I am particularly sensitive to that, living in Northumberland, where the countryside and agriculture are similar on each side of border. On a recent, wonderful hike in the Cheviot hills, I concluded that nobody had explained to the wandering sheep exactly where the border was and certainly had not explained that they might be subject to different rules on each side of the border.

The hill agriculture and countryside in the north of England—Northumberland, Cumbria, the Yorkshire Dales, for example—are very similar to areas in Wales and Scotland. Therefore, as well as co-operation across borders and the importance of sharing with and learning from each other, I hope the Minister’s policy for England will take fully into account the huge countryside and environmental differences and variety within England. Perhaps he can reassure me on this point.

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[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I had thought that the noble Baroness, Lady Jones of Moulsecoomb, intended to speak, but she is not in her place. The noble Duke, the Duke of Wellington, has withdrawn, so I call the next speaker, the noble Viscount, Lord Trenchard.

[Viscount Trenchard (Con)]

My Lords, I thought I understood the intention of my noble friend Lady McIntosh in these amendments and I tried hard to understand her explanation, but I am not certain that I fully understood and I too look forward to hearing what my noble friend the Minister will have to say.

Some discretion should be given to the Secretary of State, even in the case of a person who may have been insolvent or convicted of a criminal offence possibly decades ago. As noble Lords are aware, many of those who have been convicted of a criminal offence and punished for it have often gone on to make a positive contribution to society years later. It would set a bad precedent to legislate that they should be for ever denied opportunities for which they might otherwise be considered.

Regarding Amendment 90, I cannot conceive of any circumstances in which the Secretary of State would not consult with the chairman of the OEP prior to removing a non-executive member from the board. If the Secretary of State does not have the kind of relationship with the chairman where they are in regular contact on the operations of the OEP and the composition of the board, it would surely follow that either the chairman or the Secretary of State was in the wrong job. I do not think that such prescriptive details as my noble friend proposes should be included in the Bill.

[Lord Whitty (Lab) [V]]

My Lords, mine is a very brief point which goes in the opposite direction to the noble Viscount’s. On the previous amendment, we discussed the method of appointment of non-executive directors and the role of parliamentary committees. Surely, at least in respect of the final version, if the Secretary of State considers a non-executive director to be unfit there should at least be a consultation with the chairs of the parliamentary and Commons committees who were party to his or her original selection.

It seems lopsided that we have more or less agreed in principle for parliamentary engagement in the appointment, but that the Secretary of State could on the face of it, taking sub-paragraph (6)(c) as it stands, make a decision against a member of the OEP because they thought they were not doing the job properly. When we have parliamentary scrutiny, that judgment should at least be shared by the chair of the appropriate committee. That is my sole point on this group of amendments.

Environment Bill

Viscount Trenchard Excerpts

Committee stage
Wednesday 23rd June 2021 Lords Chamber

Finally, I note that the principal aim of the environmental targets in Clause 1(1)(b) is to address people’s enjoyment of the natural environment. Ever since the paintings of John Constable, and doubtless earlier, our enjoyment of the natural environment has been deeply entwined with our appreciation for our historic interventions within it. Those church spires, canal locks, follies, weirs and hedgerows so evocatively recalled by the noble Lords, Lord Inglewood, Lord Cormack and Lord Blencathra, are the objects through which we read and see ourselves within our landscape. They are what draw us to it for our well-being and our enjoyment. If we do not preserve them, we will lose that landscape and our relationship with it.

[Viscount Trenchard (Con)]

My Lords, it is always a pleasure to follow the noble Earl, Lord Devon. I also want to say how impressed I was by my noble friend Lord Blencathra’s rendering of the impressive prose of the American author Bill Bryson. I declare my interest as trustee of the Fonthill Estate in Wiltshire and as former chairman of Endsleigh Fishing Club in Devon.

I will speak in favour of Amendment 59 and the other amendments in this group tabled by the noble Lord, Lord Redesdale, and others. As I said at Second Reading, quoting the noble Lord, Lord Moore of Etchingham,

“our attitudes to nature are being kidnapped by the dogma that nature is good and man is bad.”—[Official Report, 7/6/21; col. 1250.]

This might explain why the Bill at present includes nothing built by man, although it purports to set targets with respect to people’s enjoyment of the natural environment. Apart from the difficulty of measuring in a scientific way people’s enjoyment of anything, it is obvious that a large part of the beauty of our rural environment depends on traditional farm buildings, stone walls and other archaeological features. Ancient tithe barns and other buildings have been or need to be restored and repurposed in order to accommodate the increased numbers of visitors to the countryside.

I do not think it is possible to set targets for the natural environment without including this aspect. Indeed, the sixth goal of 10 listed in the Government’s 25-year plan is to achieve:

“Enhanced beauty, heritage and engagement with the natural environment.”


Why is this the only goal of that plan on which this Bill is silent? My noble friend may say that this is because existing UK legislation, which is derived from EU legislation, specifically excluded heritage, but the Prime Minister last week welcomed the excellent report from the Taskforce on Innovation, Growth and Regulatory Reform chaired by my right honourable friend Iain Duncan Smith, who rightly said:

“Now that the UK has left the EU it is important to change our approach to regulation which reflects the needs of the UK. This report shows the way ahead with the move to the proportionality principle setting a more flexible and balanced approach to future regulations and changes to existing regulations.”


Heritage is a key environmental public good and it makes no sense to introduce this important Bill without covering its needs. There is no time to lose as more than half of our traditional farm buildings have already been lost. Will my noble friend confirm that he recognises this? Will he commit to adopt Amendments 61 and 72, which would place a duty on the Secretary of State to include heritage in his annual reports and to monitor progress made towards targets covering heritage, both of which are obviously necessary?

Similarly, the OEP cannot carry out its objectives without monitoring heritage as an integral part of our rural environment. Amendment 43 seeks to change the definition of “natural environment” to include heritage buildings in so far as they form part of the landscape, which they clearly do. To accept this change would simplify the task of making other changes to the Bill.

My noble friend will doubtless say that, since heritage is already included in the 25-year plan, it is taken care of and does not need to be covered in the Bill. If inclusion in the plan is enough, why do we need the Bill at all? If heritage is not covered in the Bill, that makes it less likely that it will be covered under the ELM schemes. It will be deprioritised and in practice remain unfunded, leading to its progressive deterioration and disappearance. These amendments are crucial and I very much look forward to the Minister’s reply.

[Lord Cameron of Dillington (CB) [V]]

My Lords, I put my name to these amendments entirely to speak to Amendments 290 and 291 in the name of the noble Earl, Lord Lytton—but, as they have not been moved, proposed or spoken to, and nor do they fit at all within this group, I will leave my remarks on them to another time when, hopefully, they will be raised in the right place.

So I had not intended to speak on the other amendments in this grouping, but I will say in passing that I support them all. As a Scotsman from the highlands, I have always really loved the English countryside just because it is man-made. Every tree, hedge, field and parkland—every aspect of it—is the result of some historical figure, from the Middle Ages to the 20th century, contributing to the countryside out of their love of that countryside at the time.

The noble Lord, Lord Blencathra, quoted Bill Bryson. Bryson also said that one of the outstanding features of the English countryside that is different from the rest of the world is that it is loved to death by every inhabitant within the country. As a statement with which to promote these amendments, you could not find anything better.

Environment Bill

Viscount Trenchard Excerpts

Committee stage
Monday 21st June 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I listened to the noble Lord, Lord Blencathra, with a degree of sympathy for what he is trying to achieve. We all want to make legislation more simple and able to be understood by members of the public, but in this instance, I agree with the noble and learned Lord, Lord Hope of Craighead, and the noble Baroness, Lady McIntosh of Pickering. To change the name in the legislation at this stage would cause a level of disruption, because we already have international agreements that refer to “biodiversity”. The Dasgupta report also referred to it.

There is a simple difference between nature and biodiversity. According to my dictionary definition, nature covers all existing systems created at the same time as the earth, whereas biodiversity is the part of nature that is alive, born on a mineral substrate in an earlier geodiversity. Biodiversity provides numerous ecosystem services that are crucial to human well-being at present and in the future. Longer-term changes in climate affect the viability and health of ecosystems, influencing shifts in the distribution of plants, pathogens, animals and even human settlements. Biodiversity loss has negative effects on several aspects of human well-being, such as food security, vulnerability to natural disasters, energy security and access to clean water and raw materials. It also affects human health, social relations and freedom of choice.

Quite simply, through this legislation, we need to protect our living biodiversity. The inclusion of a target-setting framework is a welcome part of the Bill, and something that has already been referred to by the noble and learned Lord, Lord Hope of Craighead. The long-term nature of environmental matters makes this all particularly important. Environmental improvement cannot be achieved over the short timeframe of a political cycle. We need to ensure that this Environment Bill provides an opportunity for the UK to become a world leader in the fight against all forms of pollution and biodiversity loss and in mitigating the impact of the climate emergency. The litmus test for all of us in the Lords is does changing “biodiversity” to “nature” in this Bill strengthen and toughen its provisions, does it weaken existing legal protections or does it make any difference?

I believe this Bill must turn the tide on nature’s decline, biodiversity decline and the climate emergency. It must transform the way we manage waste, protect our precious water resources and all the other aspects. So, I think at this late stage, it is best to keep to the term “biodiversity”, while I fully understand and appreciate the case made by the noble Lord, Lord Blencathra.

[Viscount Trenchard (Con) [V]]

My Lords, I was much elated to read my noble friend Lord Blencathra’s amendments. I completely agree with him that “biodiversity” is one of the worst examples of a pseudointellectual word that most people do not understand and would never use in speech. I think my noble friend is right that, in the main, it would be much better if we used the easily comprehensible word “nature”, on which there is universal agreement on its meaning. I completely agree that it is highly desirable that the Bill should use language with which the public identifies.

It is interesting that, in their response to The Economics of Biodiversity: The Dasgupta Review the Government refer to

“nature, and the biodiversity that underpins it”.

This suggests that biodiversity and nature are not quite the same thing because one underpins the other, but even in a note to the preface to the review, Professor Dasgupta writes that

“the terms Nature, natural capital, the natural environment, the biosphere, and the natural world are used interchangeably.”

The Cambridge Dictionary website informs me that biodiversity means:

“the number and types of plants and animals that exist in a particular area or in the world generally, or the problem of protecting this”.

The first part of this definition sounds to me to be the same as nature, but then I am confused by the notion of protecting it. The “bio” of biodiversity is derived from the Greek bios, meaning life, and all the varieties of animal and plant life on the planet are indeed diverse.

So, although academics may disagree that the simple word “nature” is inadequate, I am not convinced that there is any material difference in meaning. I agree with my noble friend that we should change the word “biodiversity” to “nature” wherever possible. My noble friend’s Amendment 203 changes the “general biodiversity objective” of the Natural Environment and Rural Communities Act 2006 to the “general nature objective”. Perhaps the Minister could tell us whether that Act was the first in which the term “biodiversity” was used and whether he agrees that it would be much better if our law was written in language that people can understand.

The noble and learned Lord, Lord Hope of Craighead, suggested that “biodiversity” is the correct word because it is broader, but I am not sure that the noble and learned Lord persuaded me that “nature” is narrower than the whole diversity of life. I also worry for the future of the word “diversity” which increasingly carries connotations of gender and race. For all these reasons I support what my noble friend Lord Blencathra is trying to do.

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If there is another way of doing it—if the Government can look at their planning guidance and give local authorities some targets or action, or facilitate the ease with which they can cause the abandonment of certain sources of light pollution in favour of things that are not so polluting—so much the better. We need some action on light pollution. Nobody has ever done it systematically or strategically, and this amendment is an opportunity to push the Government that way. My main caveat for the Minister is: look at why the Bills have got too complex. I want some action, and therefore I want the Bill.

[Viscount Trenchard (Con) [V]]

My Lords, the noble Lord, Lord Teverson, and the noble Baroness want to give the Secretary of State powers to set targets separately in respect of “terrestrial biodiversity” and “marine biodiversity”. Actually, the definition of “natural environment”, as contained in Clause 43, makes clear that it includes the marine environment as well as the terrestrial and water environments. I do not support this amendment because it is unnecessary. Furthermore, it appears to exclude the crucially important area of the water environment.

I also do not support Amendment 7, in the name of the noble Baroness, Lady Bennett of Manor Castle. It may well be that efficiency is improved by the increased use of some resources and reduced use of others. This depends on the availability and cost of various resources. The noble Baroness’s amendment is too prescriptive and would constrain the Secretary of State unreasonably in the exercise of his powers.

I welcome Amendment 10, in the name of my noble friend Lord Randall of Uxbridge. It is regrettable that the Bill does not cover light pollution. As new road schemes are progressively introduced across the country, many of them are connected with existing roads by new roundabouts, often on high ground above the towns and villages to which they provide relief. They can be seen for miles. Highways regulations require that roundabouts be lit, unlike gradual road junctions. This is an increasing source of light pollution and has a significant effect on the urbanisation of the countryside. Although I am not sure how to measure the “people’s enjoyment” of the countryside, light pollution has a negative effect.

If my noble friend Lord Blencathra’s amendment were accepted, at least in some places, could the meaning of “nature” not be extended to include the soil and the organisms that live in it? In that case, Amendment 11 would be redundant.

Amendments 12 and 31, in the name of the noble and right reverend Lord, Lord Harries of Pentregarth, require the Secretary of State to set targets for the planting of new trees. He spoke with conviction in support of his amendments, but I believe that the Secretary of State already has the necessary power to set targets for tree planting, and I wonder whether this needs to be made a separate priority area.

Amendment 14, in the name of the noble Baroness, Lady Bennett of Manor Castle, seeks to add “nitrogen management” as a priority area, over which the Secretary of State must set a long-term target. Nitrogen is essential for both plant and animal life, but I am not sure that it is necessary to add another priority area because this is surely already included in Clause 1(3)(c), whether we call this “nature” or “biodiversity”. Furthermore, excessive use of nitrogen in fertilisers has already been reduced by more than a third since the mid-1980s.

Amendment 32, in the name of the noble Baroness, Lady Jones of Moulsecoomb, is terrifying, and I hope that my noble friend does not accept it. It seeks to reduce the amount of meat and dairy products that we consume by 20%. I know that the Committee on Climate Change has recommended that we reduce our livestock production, but I am very sceptical that this would have the slightest impact on the amount of carbon dioxide in the atmosphere. Certainly, growing more trees will help, but 65% of British land is suitable only for livestock grazing, and I believe British farmers will find that the growing middle classes in Asia will steadily recognise the quality of our meat products, opening up new and profitable markets for them.

We have grazed cattle and sheep in this country for thousands of years, and the state should not be in the business of telling us to eat less meat, whether through new draconian measures or the application of taxes that would reduce the profitability of our farms, driving farmers off the land and reducing the proportion of our food that is home-produced.

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

My Lords, I congratulate the noble Lord, Lord Teverson, on his amendment, which I support. The marine environment, onshore and offshore, is vitally important, as we on the environmental sub-committee found on many occasions when we were discussing fisheries. Perhaps this is another case of not knowing what we have got until it is gone. There is a danger of over-fishing the environment, and acting in ways that damage the seabed, and that can have profound effects. The noble Lord, Lord Teverson, is right to stress the importance of this issue.

Before I go on to the light pollution amendment, which I have put my name to, I want to emphasise something that the noble Viscount, Lord Trenchard, said. I am puzzled why the noble Baroness, Lady Jones of Moulsecoomb, wants to worry about people eating meat: if ever there was a cause that young people seem to embrace, it is vegetarianism—and indeed veganism. You do not need a government diktat to tell them to do that. Last night, we ate steak at our local pub; today, we had one of Lady Young’s delicious vegetable bakes. You do not need the state to interfere in this—there is a balance to be struck.

I am at one with the points made by the noble Baroness, Lady McIntosh, and the noble Viscount, Lord Trenchard, about meat and dairy farming. Farming is changing fundamentally. As the noble Viscount, Lord Trenchard, reminded us, the use of fertiliser has dropped dramatically, and the way it is applied is much more scientific.

I noticed that there was a sort of aside by the noble Baroness, Lady Bennett, when she referred to mining. Yes, there will be mining, because we want lithium for batteries for electric cars—unless she is proposing that that is not a way forward. There are those who say that we should not be using cars at all, but you would have a job to convince the British public of that. Even there, science and technology are likely to come to our aid: a different type of battery, possibly using sulphur, may well be available in the future.

I think the advice of my noble friend Lord Rooker and the noble Lord, Lord Taylor of Holbeach, was right: we want an Environment Bill, and there is no such thing as a perfect Bill. I remember trying to deal with a Bill on the digital economy—a small Bill that was swamped by about 700 amendments. We have to strike a balance on this Bill.

On the effect of light pollution, I am at one with the noble Lords, Lord Randall and Lord Taylor, and others. There are so many benefits that we can achieve through controlling light pollution. As the noble Lord, Lord Randall, said, lighting has come along in leaps and bounds, and local authorities are quite capable of doing a lot more to control the use of lighting. Although we are now using LEDs, I notice that they still shine just as brightly right through the night, when they clearly do not need to.

I remember driving along a country lane just outside Swanage, with my two young children. It was completely dark. We looked up at the sky and there, before their amazed eyes, was the Milky Way, stretched out before them in a way they had never seen in town. When I said, “Look, there is a shooting star”, I was met first with derision but was eventually proved right. We are probably never going to be able to return to seeing the Milky Way in London, but, as the noble Lord, Lord Randall, and others have brought to the Committee’s attention, we could make a profound difference on pollinators, on the kind of environment that we live in, and on energy saving. I am keen on both those amendments, and look forward to the Minister’s response.

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As a Sheffield Green Party member, I have at this point to refer to the Kinder mass trespass that helped to create some of the basic rights that we have today. People were not granted those rights; they had to win them. I stress to your Lordships’ House that there is now a strong and growing campaign to get more rights. I suggest to the Minister that acknowledging that desire needs to be written into the Bill as a statutory responsibility of government. Then we can start negotiating how much is allowed. I am not expecting him to say, “Yes, I entirely accept everything that was just proposed”, but let us start the conversation.

[Viscount Trenchard (Con) [V]]

My Lords, I think that farmers and landowners welcome the public’s enjoyment of and responsible access to the countryside. Of course, one of the joys of the countryside is that few people are there. If the whole of our urban population walked in the countryside for all their free time, it would be wrecked. There has been an enormous increase in recent years in public access to the countryside. Unfortunately, public understanding of and respect for nature and the countryside environment have not developed commensurately.

The noble Baroness, Lady Scott of Needham Market, in Amendments 8 and 56, seeks to add targets in respect of public access to and enjoyment of the natural environment. I am not quite sure how public enjoyment of the countryside can be measured. It depends in part on the weather. Ironically, the increased, and in many cases unauthorised, public access which has occurred during the past year or more has been the single greatest cause of damage to the land and to nature. There has been a massive increase in fly-tipping, littering and trespassing. All this has produced unexpected costs for farmers and landowners in the very year in which they suffer the first big cut in the direct payments scheme, and this before they are able to compensate their loss of earnings through enrolment in the new ELM schemes.

Natural England has launched a new countryside code, which should be taught in schools, as the CLA has recommended. Farmers and landowners welcome responsible visitors, but it is vital that the increased numbers enjoying the countryside stick to footpaths. They must also understand the risks around livestock. There are many areas where wildlife habitats need protection and should be left undisturbed. So I would not support an unfettered right to roam, and any measures that the Government take to encourage increased public access must be balanced by measures to improve public understanding of, and respect for, the countryside.

Some people believe that agriculture is the enemy of environmentalism, but surely the opposite is true: sustainable agriculture and the recovery of nature can and must coexist. I very much hope that the ELM schemes under development will encourage that. For these reasons I prefer Amendments 9 and 57 in the name of my noble friend Lord Lucas: they presuppose improved public understanding of the countryside. I am not convinced, however, that the countryside needs, or can easily cope with, any accelerated increase in public access beyond that which increased prosperity and improved work/life balance is in any case already enabling.

Amendment 58 from the noble Lord, Lord Bradshaw, is interesting. Illegal use of motor vehicles on private roads and tracks, whether sealed or unsealed, should be prevented by better enforcement, but I do not think that the state should distinguish between driving on sealed and unsealed tracks. Furthermore, many tracks which were sealed years ago are now indistinguishable from unsealed tracks.

The last amendment in this group is Amendment 284, in the name of the noble Baroness, Lady Bennett of Manor Castle. It is probably otiose, in that the Bill already gives the Secretary of State the powers to set targets for the people’s enjoyment of the natural environment. There are already 140,000 miles of public footpaths and other rights of way in England and Wales, and landowners are busy considering what additional paths they might open to the public. Can the Minister confirm whether ELMS will provide the opportunity for land managers to receive grants for allowing permissive access, similar to those which were offered under countryside stewardship schemes?

The noble Baroness suggested that a review should compare public access rights in England with those in other parts of the United Kingdom. Is she not aware how great the differences are? The population density of England is 279 people per square kilometre, more than four times that of Scotland at 67 people per square kilometre, and nearly twice that of Wales at 151 people per square kilometre. The vast difference between England and Scotland in typical terrain and density suggests that a comparison of access rights would be irrelevant, even if interesting. I regret therefore that I cannot support this amendment either.

[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.

Environment Bill

Viscount Trenchard Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Viscount Trenchard (Con) [V]]

My Lords, I thank my noble friend the Minister for introducing this long-awaited and largely welcome Bill. In general, I welcome it, as it provides a robust framework for environmental governance. I observed its progress through another place, and I particularly agree with the amendments tabled by my honourable friend Sir Charles Walker and my right honourable friend Mr Philip Dunne, especially on the subject of water extraction licences. The guidance for the Bill will now clearly state that licences may be revoked or varied without compensation where unsustainable abstraction has led to low flows causing damage. Provisions on the discharge of sewage into rivers tighten the obligations on sewerage undertakers to prepare coherent drainage and sewerage management plans.

It is right and necessary to tighten the rules on abstraction, but does the Minister agree with the CLA that as farming accounts for only 1% to 2% of total water use, farmers should be exempted from the risk of losing their licences where such removal would have only a limited impact on the environment but a comparatively large impact on their businesses and their food production?

The noble Lord, Lord Moore of Etchingham, writing in the Daily Telegraph on Saturday, perceptively pointed out that our attitudes to nature are being kidnapped by the dogma that nature is good and man is bad. The obligations on local authorities to support enhancement of biodiversity, as well as its conservation, are a case in point.

As the noble Lord pointed out, wild boar are already digging up large parts of the countryside, and the return of wolves is touted. Does the Minister consider that Clause 95 confers a general duty on local authorities to support rewilding schemes, and how are they to distinguish between those which should be supported and those which should not?

The desire to restore species which once roamed our countryside is perhaps not dissimilar to a desire to maintain traditional farm buildings, many of which are very attractive, such as ancient tithe barns. They are clearly part of the environment, but because they are manmade, they are not covered by this Bill. I agree with the CLA that heritage, as a key environmental public good listed as part of the 25-year environment plan, should be included in the Bill’s definition of the natural environment. Over half of all traditional farm buildings have already been lost, and stone walls and other features should also be included in the Secretary of State’s annual reports, and in the monitoring and reporting undertaken by the OEP. If the people’s enjoyment of the natural environment is as important as the natural environment itself, as implied by Clause 1(1) of the Bill, why do the Government not recognise that maintenance of many of our traditional farm buildings is crucial to people’s enjoyment of the natural environment? I agree with the noble Baroness, Lady Fox of Buckley, regarding man’s positive contribution to the planet.

I welcome the Government’s decision to introduce a deposit return scheme for recycling metal, plastic and glass bottles and cans. However, the four large brewers, which hold 88% of the beer market, will absorb the cost within their profit margins, thereby driving smaller challengers and craft beer manufacturers out of the market. It is important that the deposit recovery scheme adopted be completely interoperable with the Scottish one. Can my noble friend confirm that the United Kingdom Internal Market Act provides the necessary powers to ensure this? Does he agree that there is at least a strong case for exempting small breweries producing less than, say, 900,000 pints per year from the new requirements?

As I mentioned in connection with the definition of the natural environment, the CLA argues that traditional farm buildings should be covered by the Bill. Clause 110 seems to suggest that the conservation objectives of conservation covenants can include buildings as well as natural features. Will my noble friend explain how conservation covenants relate to the environmental land management schemes through which it is intended that landowners may recover the significant part of their income under the direct payment scheme, which they start to lose from this year? I look forward to other noble Lords’ contributions, and to scrutinising the Bill as it progresses through your Lordships’ House.

Commonwealth Heads of Government Meeting

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Monday 17th May 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

The noble Baroness raises an important point. I will certainly write to her on the specific work that we are doing in that respect.

[Viscount Trenchard (Con) [V]]

My Lords, does my noble friend the Minister agree that our leadership of the Commonwealth provides an excellent platform for global Britain to encourage a common approach to free trade, especially in agricultural products, which would do so much to boost development in the poorer member countries? Does he wish to see a commitment in principle to a zero-tariff, zero-quota Commonwealth free trade area, to be introduced in stages over time?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I cannot go into the specifics of my noble friend’s suggestion, although it is a practical one and I will certainly reflect on its importance. We are signing a raft of free trade agreements across the globe, including with Commonwealth friends and countries. I assure my noble friend that we will use our continuing role as Chair-in-Office to ensure that the ambitions to enhance trade and co-operation and boost intra-Commonwealth trade—for example, through the Commonwealth Connectivity Agenda—remain key priorities. We have set an ambition, which we hope to achieve, of $2 trillion of trade between Commonwealth countries by 2030.

Animal Welfare (Sentencing) Bill

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2nd reading
Friday 16th April 2021 Lords Chamber

[Viscount Trenchard (Con) [V]]

My Lords, I congratulate my noble friend Lord Randall of Uxbridge on introducing this Bill today. It is absolutely right that the courts should be able to impose sentences in line with what the public rightly have come to expect in the worst cases of cruelty towards animals. As pointed out by the RSPCA, there is something wrong with the present law when, under the Anti-social Behaviour, Crime and Policing Act 2014, a person can go to prison for three years if his dog injures a guide dog, but for only six months for beating his dog to death.

As a result of the commitment and years of hard work put in by my right honourable friend Sir Oliver Heald, Finn’s law, the Animal Welfare (Service Animals) Act, was passed in 2019. As I live very near Buntingford, where Finn the retired police dog and his master, PC Dave Wardell, live, Sir Oliver asked me to sponsor that Bill when it came before your Lordships’ House. Finn had been seriously injured in the course of arresting a miscreant in Stevenage. Noble Lords who were in their place when the Bill was passed on 2 April 2019, with unqualified support from all sides of the House, will remember that Finn barked his approval from the Gallery at the precise moment the House gave its approval.

My right honourable friend had, as part of his original proposals for Finn’s law, included a measure to increase the maximum sentence for serious offences against police dogs and horses and other service animals to five years. At that time, the Government agreed to support his Bill, but without the change in maximum sentence, because it was already their intention to legislate to increase the maximum sentence for all animals, not just service animals.

Last year, instead of introducing a government Bill, they agreed to support my honourable friend Chris Loder’s Private Member’s Bill to achieve the same result. So I am very happy that Finn’s law part 2 is achieved through the passage of this Bill before your Lordships today.

It is also right that the maximum sentences are extended to five years, not just for service animals but for all animals, including domestic animals. As Battersea Dogs and Cats Home has argued, the current six-month maximum sentence available is the lowest in the 100 jurisdictions across four continents that Battersea examined, and there has been overwhelming public support for this change.

Of course, Battersea and other supporters recognise that the maximum sentences will certainly not be appropriate in the majority of cases, and have called for the Government to provide clarity on which offences would merit the tougher available penalties and which may not require a custodial sentence. I strongly agree with what the noble Baroness, Lady Mallalieu, said about this. A uniform approach to sentencing policy in animal welfare cases is very necessary, and I ask my noble friend the Minister to confirm that the Government agree with this.

It is to be welcomed that your Lordships’ House has found the time to debate this Bill today, in the expectation that it can become law before the end of this Session of Parliament.

Heather and Grass etc. Burning (England) Regulations 2021

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Thursday 18th March 2021 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, the regret Motion in the name of the noble Baroness, Lady Jones of Whitchurch, is factually wrong. I am surprised that she was allowed to table it because the statutory instrument does not relate to peat burning; it relates to the rotational burning of heather and grass. This is not a trivial point. The Motion talks about “peatland burning” and “peat burning”. It seems to be a deliberate attempt to mislead the House. I trust that your Lordships will reject such an inaccurate and loaded Motion.

The distinction between heather and peat burning is crucial. Heather burning is carried out, among other purposes, to protect peat from being burned. It significantly reduces the risk of wildfires and is the best way to maximise biodiversity, from insects to reptiles and mammals to birds, by providing the full range of habitats that they require. The cool burning of heather, done in winter, does not significantly affect the moss and litter layer beneath the heather, as shown by the Mars bar test.

The new regulations have already led to an increase in cutting, as a substitute for burning, in large areas of blanket-bog moorland, in anticipation of their coming into force. Aside from the fact that cutting is not possible on rocky or steep ground, it is a less effective method of ensuring renewed, healthy heather and grass growth. The brush left behind is a wildfire risk, and other unintended consequences include the fact that, as it rots, it releases high levels of carbon dioxide and phosphorus—as shown by the recent research by the University of York, referred to by my noble friend Lord Ridley. High phosphorous loading in reservoirs can lead to toxic algal blooms and taste and odour problems in drinking water. At least the statutory instrument allows some sensible and pragmatic exceptions to the new restrictions.

I look forward to the Minister’s reply to this debate.

The UK’s Relationship with the Pacific Alliance (International Relations Committee Report)

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Monday 1st February 2021 Grand Committee

[Viscount Trenchard (Con)]

My Lords, I thank my noble friend Lord Howell of Guildford for introducing this debate. I must admit that when I signed up to speak, I had mistakenly thought that we would be debating our imminent accession to the CPTPP, which should form an important pillar of the profile of global Britain as we renew and deepen our relationships around the world after leaving the EU. I must also admit that I was not aware of the existence of the Pacific Alliance and briefly contemplated withdrawing from the debate because, although I have spent many years living and working on the eastern shore of the Pacific and have visited California, British Columbia and Hawaii several times, I do not know the Latin American countries of that alliance at all. It is probably true that we hear much more about the Mercosur alliance than the Pacific Alliance, as the former’s total GDP is about 30% greater and, at $2.5 trillion annually, is approaching that of the UK.

However, having read the interesting report of the Select Committee I decided not to withdraw, not least because three of the four member countries of the Pacific Alliance are also members of the CPTPP. It is worth noting that of the other eight members of that organisation, only Japan and Vietnam are not members of the Commonwealth. Furthermore, the fourth country of the Pacific Alliance, Colombia, has given notification of its interest in joining the CPTPP. Of the six Commonwealth members that are already members of the CPTPP, Australia, Canada, New Zealand and Singapore are already associate members of the Pacific Alliance and therefore committed to enter into free trade agreements with it. Therefore, to maximise our influence in and the benefits we can gain from membership of the CPTPP, it seems logical that we should also seek associate membership of the Pacific Alliance and closer relationships with its members on a bilateral basis.

Two of the early continuity trade agreements to be negotiated were those with Chile, in January 2019, and with the Andean countries, which include Colombia and Peru, in August 2019. As your Lordships are well aware, we concluded a continuity trade agreement with Mexico just in time. However, in general, the Pacific Alliance members are not among those countries with which we have as many historical and trade links as others. Guyana is the only South American country which is a member of the Commonwealth.

The committee’s report noted that China is now the largest trade partner of Chile and Peru and is “extending its cultural diplomacy” throughout the region. It is very much in our interest that the UK, together with other democratic partners which practise rules-based free trade, should seek to balance that trend.

Lastly, the recent research paper by Robin Niblett of Chatham House underestimates global Britain’s capabilities. He does not say very much about Latin America but I do not think he is right to suggest that

“Britain will have to fight its way to the table on many of the most important transatlantic issues”.

His supposition that, even outside the EU, the UK Government

“will be better networked institutionally than almost any other country’s”

implies that the EU has added to our soft power around the world. During the years when I lived in Japan, I often attended meetings at the British embassy and at what was then called the Delegation of the European Communities in Tokyo. I am in no doubt that as the European legation grew in numbers and role, it became a competitor to the member states’ embassies. My experience has informed my view that the expansion of the EEAS has diminished slightly even the UK’s diplomatic influence overseas.

I welcome and support the Select Committee’s report’s conclusions, especially that the strengthening of the UK’s relationships with the Pacific Alliance countries, and with the organisation itself, will be invaluable as we negotiate the terms of our accession to the CPTPP.

REACH etc. (Amendment etc.) (EU Exit) Regulations 2020

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Tuesday 8th December 2020 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, I am grateful to my noble friend the Minister for introducing these regulations and explaining their effect. I regret that the Northern Ireland protocol has made it necessary to have two different versions of REACH: UK REACH, which will apply in Great Britain, and the EU version of REACH, which will continue to have effect in Northern Ireland.

I trust that our departure from the EU will enable us to revert to a simpler, clearer, common law style of regulation such as we used to apply before the centralising and harmonising powers obtained by the Commission through the Maastricht treaty were applied. This instrument makes it very clear that there is some way to go before we can start to move in that direction.

It is very difficult to follow the detail of the instrument because it amends the 2019 regulations, which were not designed to apply in a situation where the EU regulations continued to apply in Northern Ireland. Therefore, one needs to refer to several different documents, which I find rather testing.

Paragraph 2.4 of the Explanatory Memorandum introduces a definition of GB REACH, and all references to “UK” in the 2019 regulations are being changed to “GB”. However, I ask my noble friend if he agrees that we should call it “UK REACH” rather than “GB REACH”, because GB is an island, not a country. Of course, the instrument would still have to apply the EU REACH regime in Northern Ireland. It is more confusing because, as noble Lords are aware, GB is the two-letter acronym used by the EU to refer to the UK throughout its years as a member state.

It occurred to me that since the REACH regimes are different in Great Britain and Northern Ireland, could not Northern Ireland be made subject to both regimes simultaneously? That presumably would not add any additional bureaucratic burden for Northern Irish businesses, since the content of the regimes is identical on IP completion day. However, would it not offer reassurance to the communities of Northern Ireland that they really are still an integral part of the UK and that this United Kingdom Parliament makes laws which apply to them?

Seventy pages of the withdrawal agreement—327 to 397—list the large number of European regulations and directives that will continue to apply in Northern Ireland. Of course, if the Republic of Ireland should eventually decide that it wished to join the UK customs territory, the problems of the north-south border in Ireland would disappear.

The Prime Minister’s Greenwich speech in February made clear that

“in doing free trade deals we will be governed by science and not by mumbo-jumbo because the potential is enormous.”

In many respects, our rules go further than EU rules, but there are other examples where bureaucratic EU regulatory regimes such as REACH have stifled and inhibited innovation. These measures today will ensure that there will be no cliff edge, that the EU retained version of REACH will work in the UK and that the notification period for existing Northern Ireland product being traded into GB is extended to 300 days, and I welcome them.

I listened to the interesting speech by the noble Baroness, Lady Hayman of Ullock. I think her motives are just to make trouble for the Government but not to try to do anything which might cause fatal damage to an important and necessary measure. However, it is important that, at some point, we fix the impediments and burdens of the REACH regime by developing a simpler, principles-based, pro-competitive chemicals regulatory regime, the outcomes of which may be similar to those of REACH but the detailed regulations of which will be different. I ask my noble friend to confirm that this remains the Government’s intention as soon as the short-term changes and issues arising from moving on from the transition period are completed.

China

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Wednesday 17th June 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I am aware of the concerning situation on what is one of the largest borders. We call upon both sides to de-escalate. If there are other matters in relation to this on which I need to update the House, I will of course do as the noble Lord suggests.

[Viscount Trenchard (Con)]

My Lords, the Chinese Government will pay more attention to the wishes and interests of the UK if we are seen to be more fully involved in trade and security collaboration in the Asia-Pacific region. Does the Minister agree that an early application for UK accession to the CPTPP both fits well into our post-Brexit trade policy and shows China that we are standing shoulder to shoulder with other countries, such as Japan and Australia, that share our commitment to representative democracy, the rule of law and free trade? Will my noble friend tell the House when he expects that our application letter might be sent?

[Lord Ahmad of Wimbledon]

I agree with the points that my noble friend has raised. I will write to him on the specific date of the letter. The situation in the South China Sea is well documented, as is the position of Her Majesty’s Government.