Environment Bill (Second sitting) Debate
Full Debate: Read Full DebateAlan Whitehead
Main Page: Alan Whitehead (Labour - Southampton, Test)Department Debates - View all Alan Whitehead's debates with the Department for Environment, Food and Rural Affairs
(4 years, 9 months ago)
Public Bill CommitteesQ
Mayor Glanville: There has been extensive engagement. Obviously, the original Bill dates back to last year. Our committee has been looking at various aspects of the Bill and we have submitted our package of evidence to the Committee. We are seeing new powers and responsibilities for local government. I appeared before the waste reduction investigation that was conducted last year. There has been extensive engagement and investigation into some aspects of the Bill. The challenge for all of us is that the Bill is very ambitious and sets new targets. In some areas, such as biodiversity and air pollution, the relationship with local government and where responsibilities lie are less clear.
On areas such as waste, recycling, plastic pollution and single-use plastics, the engagement has been more extensive. It depends on the areas of the Bill we are talking about and the responsibilities that are in focus. The areas of disagreement are common to those that arise when local government takes representations. Where we take on new responsibilities, we need adequate time to prepare and adequate funding in order to do that.
We have a track record of delivering improved and innovative recycling services during a decade of funding changes as a result of austerity. We have continued to improve our recycling services, investing more than £4.2 billion of resources. If we were to move towards the types of changes suggested in the Bill, the burden could be increased by up to £700 million. We will provide further information as the LGA on that. Without that increase in resources, council tax payers will have to meet that uplift in our duties around waste and recycling, or other services will have to be cut.
Those sorts of challenges go across different parts of the Bill, whether it is the work on biodiversity and planning or the clear ambition to deal with air pollution. Some of those responsibilities do sit with local authorities and we are ready to rise to that challenge, but whole industries will see changes in regulation as a result of the Bill. We believe we can rise to that challenge, in partnership with Government and industry. I am sure that over the course of the next half hour we will explore some of those areas more specifically. The main areas of disagreement relate to having the right powers and funding to match our duties.
Q
Mayor Glanville: Biodiversity and how the planning system could lead to the net gain that is the priority within the Bill is one of the key areas. We have a system of local planning authorities that is well established. The system has accommodated various changes relating to energy, carbon and sustainability over a number of years, and we have adapted to those changes and adopted them within both our local plan development and the way our committees regulate development.
The planning context is really important, before I come to the detail on biodiversity. We have seen 2.6 million homes consented to in the past six years. A million of those have yet to be built, in the context of a 40% reduction in funding for local planning authorities. We have seen some improvements. We can set fees that allow us to recover the costs of fulfilling our planning responsibilities as local authorities, but there is still a £180 million gap between the cost of fulfilling our responsibilities and the funding that we receive from planning fees.
If we introduce new responsibilities for biodiversity, the challenge is whether we will close the existing gap and ensure that a new gap does not develop. We need to ensure that local authorities have the expertise to meet those new biodiversity responsibilities. That could be addressed either through the wider financial settlement for local government, or through a fees regime. As it is written at the moment, the Bill does not suggest that local authorities will be pre-eminent in collecting any additional resources if a development does not meet biodiversity standards.
Many Members who are involved in constituency casework, as I am as a council leader, will know that planning is always contested. People see the impact of a new development very much in their local community. If we are saying that the impact of new developments on biodiversity will be fully recognised, which we welcome, we want to ensure that any compensation is either held within that development, and the development contributes to a net improvement in biodiversity, or, if not, that local planning authorities can use those resources for the local community. That could be by placing extra requirements on a development, or by using our expertise in tree planting, and improving diversity and green infrastructure in the local area. As things stand in the Bill, we fear that there may well be a levy, but the levy would not be recycled back into the planning system, or would not result in the net improvement in biodiversity that we all want to see.
Thank you very much. I should have said this at the beginning and I will say it now: if any Members and, indeed, any guests for that matter—it seems to be a bit fetid in here—wish to take their jackets off, you are welcome to do so.
Q
Dr Young: A nature recovery network is a really important part of the solution to the ecological crisis that we are facing. It is a joined-up system of places needed to allow nature to recover. To be effective, it must extend across the whole of England, including rural and urban areas, and connect to similar initiatives elsewhere in the UK. The section on local nature recovery strategies in the Bill is really good and sets an ambitious agenda that would enable us to tackle nature’s recovery. It needs to be clearer how the local nature recovery strategies will contribute to a national network and targets for nature’s recovery.
That seems to be missing in the Bill at the moment; there is not a clear description of how the components that are set out in that part will add up to a system that works ecologically. The Bill says that the strategies will identify areas that could be good for biodiversity in the future, but that really needs to be based on ecological principles, rather than being an ad hoc set of sites where habitats could be created. That will ensure that the ambition contained within the Bill to secure nature’s recovery is realised. That could be achieved with some relatively small amendments to clause 97.
Thank you. It will not be necessary for every member of the panel to answer every question, but to set the stage and for ease of reference, I will on this occasion simply work from, in my case, right to left—in your case, left to right. Ms Hammond, please.
Judicaelle Hammond: Thank you. Local nature recovery strategies are a real opportunity to make a difference to nature. There are a few things I would like to raise in terms of how they are going to work. First, at the moment, they are just about nature. We wonder whether there is a point to them being more holistic, so that we avoid silos and manage to have a look at how land is used in a way that maximises the various benefit types, including flood management and climate change, not just nature. This is a plea for them to not just be considered in isolation.
Another aspect is the issue of who should be leading on this. The Bill provides for a multiplicity of possible responsible bodies, including local authorities. As we heard from the gentleman from the Local Government Association, local authorities are already overstretched. We have an issue over whether they have the capacity to lead on that.
Another aspect is skills, and that was raised to the Committee. Would Natural England be better placed to do that?
It is important to have clear priorities. There need to be no gaps and no overlaps with regards to local nature recovery strategies, and that needs to be an important driver from national Government. Most of the land we refer to is in private ownership, so it will be important to consult with landowners and land managers on that.
Alan Law: The Bill has the potential to be the most significant environmental piece of legislation since the National Parks and Access to the Countryside Act 1949. We have worked on conservation in this country for the last 70 years, driven by a focus on looking at the rare and putting in place protection measures for those rare site species: parks. What is exciting about the Bill and its links to the 25-year environment plan is the ambition to go from protecting small parts of the countryside—looking after the rare and the special—to trying to drive wholesale large nature recovery. That ambition around recovery is fundamental. The most important part of the Bill revolves around this nature recovery network and the links between the local and the national.
Will local nature recovery strategies alone deliver the ambition of the nature recovery network? No, they probably will not. That will not happen without further tightening up, either in the Bill or in supporting guidance or regulations. For reasons already articulated, we need to ensure that local nature recovery strategies operate within some form of national framework so that they are coherent. A national framework needs to be in place.
There need to be mechanisms for developing local nature recovery strategies so that they are quality assured and checked to ensure that they actually add up to a part of that coherent network. We need to see clear expressions of the set national targets writ into those local nature recovery strategies. At the moment we have an ambition at the front of the Bill around targets and we have a tool—a delivery mechanism—around local plans, but there is no hard-wired connection between the two. That is not difficult to achieve, so the issue is to tighten up around the links between targets, delivery processes, and some of the accountabilities.
Dr Mitchell: I have some opening words from my perspective on the Bill itself. British farmers are the stewards of our natural environment, and they have a good track record of protecting, maintaining and enhancing our environment. We welcome some aspects of the Bill, but some improvements could be made to ensure that environmental enhancement policies are carefully considered, and that food production and the environment go hand in hand. One of the key themes in the Bill and its various measures will be the need for them to work for farmers and food production as well as for the environment. Setting that context and going on to nature recovery networks and local nature recovery strategies, there is a lot of jargon around. We need greater clarity on these different phrases and how they all fit together.
How local nature recovery strategies may be used is unclear from our perspective. The suggestion is that they may be used to inform planning decisions. That makes us slightly nervous because is it some sort of designation that may be used to identify environmental priorities or opportunities that may restrict what farmers might want to do with their land in future, such as new building requirements? Farmers may want to update and modernise their buildings, but will that be restricted if they are in one of these areas? Or might they have an impact on land values?
Those are some of the questions we have in the back of our minds. Farmers get very nervous when you start drawing lines on maps, particularly when it comes to thinking about how environmental land management schemes may be ruled out in future. If these strategies are used to identify where farmers may be able to enter into one of these ELM schemes, does that mean they will be restricted in their engagement? We recommend that these local nature recovery strategies are confined to areas that are already identified for environmental value, such as sites of special scientific interest.
My final point is that we need to ensure that farmers are properly consulted at an early stage of the strategies, so that food production is considered alongside any environmental priorities.
Q
Rico Wojtulewicz: Clarity would be very helpful. Developers really struggle with wishy-washy comments from planners and local authorities that perhaps do not have an established strategy that they can follow. That is definitely one of our concerns about this sort of approach. It is really important that developers can be part of the strategy and are not asked to deliver somebody else’s strategy. That is vital going forward.
Q
Rico Wojtulewicz: Ideally, yes. The difficulty is that every site will be very different, so if you specify a particular type of site, it might be quite difficult. In somewhere like London, where you desperately want an increased density, if you specify a particular type of canopy cover, it might be very difficult to deliver that, whereas in somewhere like Cornwall you might be able to deliver increased canopy cover with less concern.
It also depends on the type of canopy cover that you are looking at. If, as part of your biodiversity strategy, you know that you would like to encourage a particular type of species to visit that site, and maybe encourage a nature network to improve, you need to know what species of tree or plant you would like to use. That information is very scant, which is a real difficulty for developers. The majority of the people I represent are small and medium-sized builders, although we have some larger ones, and they win work on reputation, so a good site is vital. That is almost part of the sales pitch in the end, but unless you have that feed-in knowledge it is very difficult.
We work with an organisation called the Trees and Design Action Group, with which we have been partnered for a while. It produces a document called “Trees in Hard Landscapes”. That allows us a better idea about what we can do on sites. That expertise is not necessarily shared across the wider industry and specifically among local planning authorities.
Q
Rico Wojtulewicz: I honestly could not—I do not think anyone could—give an honest answer to that. When we were approached, we welcomed biodiversity net gain because we recognise it is vital. We recognised that 10% might feel like an arbitrary figure, but if it is deliverable, why should developers not go for it?
We are at the start of understanding what we can deliver and how. I can give three perfect examples of that. We have the great crested newt district licensing scheme, which has only really come to fruition in the past few years. We worked with Natural England on that. That eDNA tests newts in a local area, which means you do not have to do a ginormous survey. That is a very new technology and has only just been introduced. Two other ones are bee bricks and swift bricks. Those allow more bees and swifts to visit a site and be part of the network of biodiversity on that site. Those are new technologies. It seems amazing that we could not incorporate those before in developments, but we are really at the early stages.
From our point view—whenever I speak to our members—we will do as much as needs be, as long as there is an industry out there. If you look at ecologists, do we have enough ecologists in local authorities to offer advice and guidance? Do we have the right network of information, so that it is simple and easy to use—so that all developers, whether self-build or building 2,000 homes, can understand what to deliver on site to reduce the burden on professional ecologists, who might want to tailor a scheme to make it unique.
Q
Rico Wojtulewicz: To play their part, yes.
Q
Rico Wojtulewicz: It is definitely not my expertise, but if it is a real concern, the industry would support measures to ensure that that does not occur.
Q
Rico Wojtulewicz: Guidance on what we could do to increase the swift population, such as on what trees and food they might like and what lights do and don’t attract the food that they enjoy eating. All these little things actually make a big difference. If that knowledge is there, it feels quite isolated. I think we are very enthusiastic about the things we can do, which will effectively make our sites better at delivering what people want.
The difficulty is that sometimes politicians perhaps do not understand the development process and what occurs. We in the development industry need to ensure that we have a greater understanding of what we can do on site. Perhaps you would have a particular target in an area that you know would encourage more swifts. Perhaps you could issue specific guidance for that local authority, as part of the network.
Q
It is not necessary for every member of the panel to answer every question, but in answer to this first question it may be helpful for you to set your stall out a bit as well.
Ruth Chambers: That is a very important question. There are three ways in which the independence of the Office for Environmental Protection will be ensured. The first is through the legal foundations provided by the Bill. The second is through its culture, which we will not talk about today. The third is through its organisational design, and the initial budget that it will get. Again, that is not relevant to the Bill, but it is a very important issue to ensure that we get the OEP off to a good start, so that it is not hampered from the get-go.
In terms of the legal foundations, there are two main ways in which the independence of a public body can be assured through law: how it gets its money and where its members come from. At the moment, although there have been some welcome strides forward, the Bill unfortunately falls down in both those regards. In terms of where it gets its money from, we welcome the commitment that the Government made around October that the OEP will have a multi-year annual funding framework for five years, ring-fenced in each spending review. That is very helpful. We see no reason why that could not be enshrined in the Bill, to give those guarantees on an enduring basis. The route by which the OEP gets its money is also very important. We have argued that it should be able to submit its own estimate directly to Parliament in the way that other public bodies, such as the National Audit Office, can.
Secondly, where the body will get its chair and other members from will be entirely at the discretion of Government Ministers at the moment. For a body of this import, which is meant to be independent not just at the start but for the duration, we think that greater involvement from Parliament would be very helpful. We are not asking for something unprecedented. Indeed, there are very good models where that is the case in practice. The National Audit Office and the Office for Budget Responsibility have already been flagged before the Committee. They are two examples of how you could crack the same nut in a slightly different way. Either way would be better than what the OEP has at the moment.
In terms of teeth, finally, we think that the way the enforcement functions are configured at the moment is certainly a step forward but there are some serious flaws, particularly in clause 35. One example is the upper tribunal being constrained in the types of remedies that it can issue and grant, should a public authority be found to be in breach of environmental law. We think it should have more freedom to impose the remedies as it sees fit.
Rebecca Newsom: I echo everything that Ruth just said. From Greenpeace’s perspective, we have concerns around the OEP’s independence, funding and enforcement powers, which definitely need to be closed. The scale of public concern for getting this right is such that over 20,000 Greenpeace supporters have been in touch this week with their MPs about this and other issues relating to the target-setting framework.
Ali Plummer: We share the concerns Ruth has outlined. I would add that part of getting a robust watchdog in place is the likeliness of its acting at its most effective. We welcome the escalating processes in the Bill, and there are opportunities to look to resolve issues before they get to full enforcement. To our mind, the way those remedies and escalating processes work most effectively is when you have a robust stop at the end, which encourages action before you have to get to that point. We welcome and share everything Ruth said in terms of strengthening the OEP in respect of both its independence and its ability to act as a true deterrent. We need to make sure that we are remedying any environmental damage or failure to comply with environmental law.
Q
Ruth Chambers: That is an important question. Independent accountability and oversight will definitely be crucial in ensuring that our environmental laws are not only maintained but enhanced in the future, as the Government have said they want. That is an important element, but so are environmental principles—there are clauses that embed those principles in law, but again there are flaws in how that would be done. We can come on to those later.
There are also some potential loopholes in the Bill where standards could be weakened, almost accidentally. We will not talk about it today, but clause 81 in relation to chemicals in water is a good example of that. We feel that there are a lot of good work and good standards in this Bill but there is a lot of wriggle room as well. We hope that the conversations we will have today and throughout the passage of the Bill will enable some of those loopholes to be closed.
An example of where there could be some wriggle room is in the section on the REACH regulation and chemical standards. It is a wide-ranging power, and extra oversight and accountability could ensure that the power is exercised in a faithful way. We are clear that clauses 19 and 20 are not tantamount to a binding commitment to non-regression. They are welcome and important transparency mechanisms, but that really is what they should be seen as. There are modest, pragmatic ways in which they could be improved. For example, we think that clause 19 is modelled on human rights legislation, but the way in which the Human Rights Act 1998 ensures that human rights are factored into new legislation and new policy is a little bit more stringent and strategic. There are ways in which those clauses could be tightened as well.
Before we proceed, Ms Chambers, you indicated that we would not talk about a particular clause today. In so far as we have the time you are entirely within your rights to comment on anything that is relevant.
Ruth Chambers: Thank you.
Ali Plummer: If I could just add something, there are two parts to that question. One is about maintaining the robustness of enforcement mechanisms; what we are really looking for through the independence of the OEP is maintaining that in longevity. It is not necessarily about the intent of the body as it is being set up, but making sure that it maintains that independence and robustness going forward.
I guess a watchdog and enforcement body is only as good as the law it is able to uphold, which comes to the second part of your question. There are lots of welcome provisions within this Bill that should allow us to go much further and to build on existing environmental protections, but we would be looking for much more robust reassurance that that floor—those existing protections—will remain for us to build on. The second part is making sure that we are able to secure existing environmental legislation so that the OEP can continue to uphold that.
Q
Rebecca Newsom: It is really important. There have been indications from companies that they are interested and support the idea of a due diligence framework. Again, it is about setting up a level playing field. There have been voluntary commitments over the last decade through the consumer goods forum to deliver deforestation-free supply chains by 2020. Those commitments have not been met or delivered on, basically because it has been a voluntary framework and the mechanisms have not been in place to deliver on it. The Bill is an opportunity to do that, and to set it in law and give the direction of travel. There is business interest in doing that because it means that the companies that want to move ahead and be progressive are not going to be at a competitive disadvantage.
Ali Plummer: More broadly, getting business on board across the whole Bill is really important. As we have talked about quite a lot, it is a bit of framework legislation. An awful lot will need to be delivered through actions taken elsewhere—for example, actions coming through the Agriculture Bill and through house builders. You had a session earlier on planning. It is about getting business on board and getting understanding. This will need to be delivered across society. It is beholden on us all to contribute to delivering the ambition of the Bill.
Getting understanding and input from business, particularly in the target-setting framework in terms of what will need to be in place to deliver that, is really important—not just for the global footprint bit but for the Bill more broadly. Finding that coherence and narrative between the first and second half of the Bill, and in other Bills including the Agriculture Bill, is also really important, so that they work together to deliver the Government ambition on environmental restoration and recovery.
Ruth Chambers: Again, this is a really important question. From our engagement with businesses across the piece—our members have many contacts with all sorts of businesses—we do not detect that business is opposed to such measures in any way. Of course businesses want to know the detail and the nature of the measures and any particular mechanisms that are proposed. The easiest way to do that is to set out a policy proposition and then consult on it. We would encourage the Government to do that as quickly as possible. That consultation can be done at the same time as the passage of the Bill. That is not unheard of. Certainly, we would want to see that. I worked on the Modern Slavery Act 2015, which did a similar thing in relation to a transparency-in-supply-chains requirement. That was done with the consent and help of businesses.
Finally, there is a group called the Global Resource Initiative, which is a taskforce that has been looking at the questions that we have been talking about. We hope that it will publish its report while the Bill is still live. If it does, we would encourage you to look at those recommendations as well.
Q
Ruth Chambers: In our evidence we very much recognised that point. Our preferred position would be not to introduce charges just for single-use plastics, because although it sounds really good, it could have unintended consequences. If we really want as our policy objective to drive down single-use cultures and practices, we need to look at including a broader range of material. We would suggest an amendment to that part of the Bill that related not just to single-use plastics, but to all single-use materials.
Q
Ms Newsom? You are nodding.
Rebecca Newsom: I do not have a specific recommendation on a waste export ban date, but it is important to remember the big picture. Plastic production globally is set to quadruple, at the same time as a lot of countries across the world are due to enforce their own plastic waste export bans, coming from the UK. The only way to deal with the problem without causing a massive spike in incineration is to reduce how much plastic is used in the first place. That is why we have placed the emphasis on the reduction side of things. We need to emphasise the waste hierarchy. Reuse needs to be at the top of that, without emphasising as much on the recycling side because of course we need infrastructure there. But there is no way that the UK’s recycling infrastructure, even with a lot of extra investment, will be able to cope with the anticipated rise in production and with the waste export bans, so we need to turn the tap on the production at source.
Q
Rebecca Newsom: Definitely. As Ruth said, we would support making sure that there are reduction targets stemming from the waste priority area across all materials. Such is the urgency specific to plastics that Greenpeace would support a plastic reduction target for packaging in the Bill in the short term, with an emphasis on reuse to avoid unintended environmental consequences.
Ruth Chambers: I definitely agree with all of what Rebecca has just said. Certainly one of the schedules in the Bill talks about disposal costs, which does not seem to sit readily within the strategic framework that Dr Whitehead has outlined. I do not have a view on the date, but you should certainly put that question to my colleague Libby Peake when she gives evidence on Thursday.
Finally, to reinforce a point that was made in the discussion, a key to ensuring that such a ban is to be enforced effectively is resourcing—the resourcing of bodies such as the Environment Agency. That point has come up a few times now in the discussion. It is obviously not an issue that the Bill has much ability to direct—it is an issue of much broader import than that—but it keeps coming up. If the Bill is to matter and to be delivered and implemented successfully, the resourcing needs to be there to match that over the long term.
I need to bring the Minister back in. Ms McCarthy, do you want to come in briefly?