Environment Bill (Second sitting)

Alex Sobel Excerpts

Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 10th March 2020 Public Bill Committees

[Robbie Moore (Keighley) (Con)]

Q Many local authorities have declared climate emergencies. How will the Bill help local authorities to address those self-declared climate emergencies?

Mayor Glanville: Local authorities across the country from Hackney to Hull have declared climate emergencies. The Local Government Association itself has. Local authorities are doing a lot of work outside the scope of the Bill on energy, and there is some detailed work going on at the LGA. The challenge with air pollution and some of the aspirations in the Bill is that many of the elements are reliant on industry and consumer change. There is a lot of work on clean air zones in local government. There is experimentation in places around Nottingham on levying parking charges in workplaces. Wider investment in sustainable and public transport is needed to ensure that our aspirations on air pollution can be met.

In the Bill, there is some positive work on the contribution of motor vessels on our waterways and improving regulation of them. The Bill strengthens elements relating to domestic pollution and domestic fuels, which we very much welcome as well.

We are very keen, as local government, to ensure that we do our part in responding to the climate emergency. There are some of those upstream, “producer pays” principles around waste and recycling—for example, the car industry switching to a more electric fleet, and I know there have been announcements on bus funding—but if we are talking about the types of shift that we are going to need in consumer behaviour in the way that we travel, further work will need to be done together on that.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

Q First, I am particularly concerned with the new duty in clause 54 that local authorities are going to have to collect food waste every week. Most local authorities now have bi-weekly collections. Many do not collect food waste at all, so that would be a big investment in vehicles and staffing and then in anaerobic digestion facilities. You said that there is a £700 million gap for recycling. Is that inclusive of food waste or is another figure needed for local authorities to be able to fund the food waste duty that the Bill puts on them?

Mayor Glanville: That is inclusive of food waste. You identify one of the challenges. Typologies change across the country. What is required to collect food waste and the density of infrastructure in a borough such as Hackney can be very different from what is required in large rural authorities. We are nervous about having duties that do not recognise those challenges and differences. Different local authorities have set different regulations around how often they collect residual waste. Some local authorities are still doing that weekly, some are doing it bi-weekly and some every three weeks, and they vary how often they collect recycling and food waste alongside that. Many inner London boroughs that have the challenges of density and flats are still collecting waste more often than areas where there are suburban typologies where people can store more waste in their homes. In a typology such as Hackney, where all of the residential growth has been around flats, it is often impossible to do that, given the size of flats.

We hope to see the work on the Bill and regulation recognise some of those differences and challenges and get to the position where food waste is available for everyone, but makes sure that it is done in the right way with the right change in industry and the capacity within industry to roll it out. Rolling it out everywhere weekly is part of the £700 million figure. Obviously, some local authorities have invested already. One of the challenges around burden is whether authorities that are already delivering on a weekly basis receive extra resources or will they only go to those authorities that have yet to make that investment? It is an equity, fairness and transparency question across local government.

[Alex Sobel]

Q I have a second question on air quality. The Mayor of London has committed to reach World Health Organisation standards by 2030. The Bill fails to set legally binding targets. What steps should local and national Government take to meet that ambition to meet WHO air quality limits by 2030? Do you think the Bill could be amended to make that happen?

Mayor Glanville: Local government has not come to a position on the 2030 target. Speaking from the LGA perspective, we recognise that we need to have ambitious targets. We need to have a pathway to get there, which will require quite a lot of action around industry. It is not local government that is producing the transport—we are dealing with the consequences. While you can introduce clean air zones and have the work that combined authorities and the Mayor have done around ultra-low emission zones, investing in disabled transport, walking and clean bus fleets, all that will not get us to the 2030 target unless industry moves as well. If that target were put into the Bill, we would need to have a clear pathway of getting there and the resources for doing that. Many organisations, such as Friends of the Earth and Greenpeace want to get to that 2030 target. I think targets are really important, but only if you have a plan to get there. We risk setting targets that we will not meet if we do not maintain the confidence of that wider coalition—that is the challenge.

[The Chair]

Four people still want ask questions and we have fewer than eight minutes in which to do that, so short questions and short answers, please.

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[Rebecca Pow]

Q Thank you for coming in. I want to go back to the local nature recovery network strategies and how they link to national strategies. Clause 98(5)(b) includes a very specific reference, that the local nature recovery strategies

“could contribute to the establishment of a network of areas across England for the recovery…of biodiversity”.

That is newly added since the previous Bill, in response to engagement with stakeholders. I want to know, first, whether you welcome that and what you think about it and, secondly, going on a bit, your view of the overall measures in the Bill in driving us towards this nature recovery environmental improvement.

Alan Law: We welcome the insertion of that clause. I have “could” underlined, rather than a more affirmative statement on the plan to undertake it. The ambition is clearly there to develop local strategies that add up to a coherent whole, but a little bit more in some of the supporting guidance or regulation to tighten up exactly how national standards will be met should be defined, and how those can be used in terms of local strategies. A timeline for production of the local strategies, again, would be great to see coming through while the Bill is in transition.

It will be really important to have some formal mechanism for scrutinising those plans and for advising on how fit for purpose they are. They will go back up to the Secretary of State, who provides that scrutiny. Forgive us for the presumption, but perhaps a body such as Natural England could provide that sort of role.

Dr Young: We were really pleased to see that addition in the Bill, because it makes the link. It is clear in the explanatory notes that it is talking about a nature recovery network. I will reiterate how important a nature recovery network is to tackle the massive declines that we have seen in nature over our lifetimes.

I agree with Alan’s point that the Bill uses the phrase “could contribute”. Certainly, the Bill’s ambition is clear, but there is always a danger of the ambition not being implemented in the way the Government foresee. When resources are tight, organisations will do what they must do rather than what they should do. It would be good to see a change in some of the wording in the Bill from “may” to “must” so it achieves the ambition we really hope it will achieve. The Bill uses the phrase “a network of areas”. It would be really good if the term “a nature recovery network” were included in the Bill rather than just in the explanatory notes, so that we are really clear what we want the Bill to do and what we want people to do.

It will be important to think about how this is implemented. Again, we are really pleased that the duty on local authorities in an earlier section of the Bill has been improved so that it is about local authorities not just having regard to the protection of biodiversity but enhancing it and having regard to local nature recovery strategies. However, in the past, “have regard” has not been a very strong term and has not led to sufficient action to halt the declines. A slight change of wording—perhaps to “act in accordance with local nature recovery strategies”—would really shift the focus from thinking to doing and taking action.

We would like local nature recovery strategies to be more clearly required to be expressed in the planning system. I think local authorities and public bodies having regard to local nature recovery strategies in their decision making about planning and spending would lead to stronger action. It would also help to a certain extent with the point that colleagues have made about consultation, because the planning system provides us with a ready-made administrative system for good consultation.

[Alex Sobel]

Q I just have one question. I think there is general consensus that we do not want a lower standard of environmental protection after the end of the end of the transition and the implementation of the Bill. Do you feel that the Bill replicates our current level of environmental protection—the level as it was when we were a member of the EU—or will it deliver a lower level of environmental protection?

Judicaelle Hammond: There is no reason, given the way the Bill is framed at the moment, that those standards will drop. The CLA is on record as a strong supporter of high standards remaining, not least because that gives us an opportunity to use high standards as a unique selling point both in the export market and internally. These are absolutely necessary, and we need to make sure that we maintain them.

The Committee may want to consider the kinds of issues with trade deals that are being raised at the moment with the Agriculture Bill. They apply in exactly the same way to the need to ensure that we do not get imports that are produced at much lower standards of environmental protection—and, indeed, climate change action—than would be allowed here. That is an element of the Bill on which there could be some really useful reflection.

Dr Mitchell: There are a number of safeguards in the Bill to ensure that our environmental standards are not lowered. The environmental governance aspects around target setting, the embedding of the environmental principles and the introduction of the OEP should ensure that our standards are not lowered.

One of the things that we need to consider alongside our standards is the fact that farmers are doing a lot to maintain our environment as well as creating habitats and enhancing it. We ought to recognise that as well as all the things that we do to improve and enhance our environment, there is a lot of work in terms of good day-to-day management and maintenance that farmers do to maintain our landscapes. At the moment that does not seem to be recognised in the Bill, and we would like that to be recognised a bit more.

Alan Law: There are two aspects here—differentiating ambition from certainty. On the one hand, the Bill provides the mechanism through target setting to go beyond existing standards. That is entirely welcome. As yet, we do not have the clarity around those targets, but it is entirely welcome. The other area is around potential regression. There is a protection in the Bill through clause 19 around primary legislation, but that does not apply to secondary legislation, so conservation regulations in that area could be subject to regression.

[Ruth Edwards (Rushcliffe) (Con)]

Q My question is particularly directed at Dr Young and Mr Law. Do you believe that 10% is the correct level of improvement for the biodiversity net gain targets?

Alan Law: I would reframe the question to say a 10% minimum. The work that we have done with stakeholders around those thresholds suggests that many are indeed willing to go higher than that, but there is a sense that applying a mandatory higher level at this stage would be counterproductive. We are content with it, but we apply it as a minimum. I would also say that it is 110%, of course, rather than 10%—it is 10% on top.

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[Saqib Bhatti]

Q Following on from the Minister’s question, I would like a bit more clarity. I understand that the biodiversity net gain concept is being embraced, and you welcome that. It is a minimum of 10%, so there is potential, if a developer wants to go higher than 10%, that they can do that. As a federation, you are not against that; you are embracing that. Am I clear about that?

Rico Wojtulewicz: Yes, absolutely. If we can go higher, we will. Help us to get there.

[Alex Sobel]

Q The Bill creates space, as you said, for local nature recovery strategies, which can be used in both the planning and development phases. During those phases, who will have responsibility for ensuring that those strategies are being followed?

Rico Wojtulewicz: We assume it will be the local authorities, with their guidance and local plans. We hope it will be. All developers really want is clarity.

[Alex Sobel]

Q And you are not finding it in the Bill as yet?

Rico Wojtulewicz: No, we are not. The difficulty is that you need to ask yourself whether a local authority really knows what it wants to deliver and how it wants to deliver it. The Bill can say whatever it likes if local authorities cannot deliver it and do not understand how to deliver it. We do not even have the right information; for example, we do not know what migratory flightpath certain birds might take. How can you deliver all that without having all the information first? That is where the Bill has to be a developing document that changes, because at this stage it is the first step to understanding how we can deliver something really special.

[Cherilyn Mackrory]

Q On that point about the importance of clarity, as an ex-councillor myself I understand the differences between local authorities when it comes to the planning process, although there are guidelines, such as the national planning policy framework and so on, that they can refer to. This is a framework Bill, as the Minister has already said, and it shows the direction of travel. One important point is the consistency that will be established between local authorities, and the mandatory net gain. Will that be helpful for developers? Can you outline the opportunities that you think your sector can gain from that direction of travel?

Rico Wojtulewicz: The duty to co-operate between local authorities will be vital. You cannot control where a particular species will be migrating, moving or living, so that is really important for the development industry. If we look at something such as a wildlife corridor, which could stretch across a few local authorities, some people would perhaps say we should not build on any of that wildlife corridor, but we do not necessarily take that view.

We think that, depending on the species that utilise the wildlife corridor, we could be part of improving the opportunities for them to utilise it, such as by undercutting hedgerows or raising hedges so that hedgehogs can travel across the entire site. Perhaps there is a particular type of bird that utilises that corridor. How can you encourage more of that biodiversity in the plants you plant? Is it food? Is the right type of lighting used to attract them? Maybe you have a particular type of bat that does not like a particular type of lighting.

Developers can be part of that and encourage it, to ensure that we are delivering a better network. The difficulty always is that the minute a developer is announced as being part of any wildlife stretch, corridor or site—even just an agricultural piece of land that perhaps does not have strong biodiversity—the automatic reaction is, “This is going to be damaging for biodiversity.” It does not necessarily have to be.

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[Abena Oppong-Asare]

That is very helpful; thank you.

[Alex Sobel]

Q I have just one question—I know we have had a long sitting, because of the vote. The clauses on environmental principles have been widely criticised for being creatures of policy, with many carve-outs and exclusions. Do you agree with those criticisms, and if so, what would your recommendations be to improve the Bill and ensure that we do not have carve-outs and exclusions?

Ruth Chambers: As we discussed with Deidre, the carve-outs are not helpful, because they absolve much of Government from applying the principles in the way that they should be applied. The most simple solution would be to remove or diminish those carve-outs. We do not think that a very strong or justified case has been made for the carve-outs, certainly for the Ministry of Defence or the armed forces; in many ways, it is the gold standard Department, in terms of encountering environmental principles in its work. There seems to be no strong case for excluding it, so remove the exclusions.

There are also proportionality and other limitations on how the policy statement should be taken forward. Again, we do not see a strong case for those being embedded in the law. As I mentioned, we should strengthen the duty, so that it is not just a duty to have due regard to a policy statement, which is a next-step-removed duty, but a duty in relation to the principles themselves. To repeat the point, it would be brilliant if we could see the policy statement soon, so that we can help the Department and the Government shape it into a really helpful vehicle for everybody.

[Robbie Moore]

Q How important do you think it is that businesses are brought on board throughout the process in relation to meeting the global footprint target and in relation to the due diligence requirement?

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.