Environment Bill

Baroness Fookes Excerpts

Committee stage
Wednesday 7th July 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

I thank the noble Baroness, Lady Parminter, for tabling Amendment 209. I would like to assure her that I share her enthusiasm for local nature recovery strategies. These strategies are a key provision in the Bill, which will empower local people across the country to identify where action for nature and the environment would have most impact, and where investment in new habitat recreation or restoration will achieve best outcomes for biodiversity.

Local nature recovery strategies and the measures in the Bill lay the foundation for the establishment of the nature recovery network, but they are not binding plans that must be followed. They are intended to guide rather than compel action, with delivery supported by incentives as well as duties. Requiring public authorities to “have regard” is therefore appropriate in that light.

The Government have already committed publicly to local nature recovery strategies informing development plans and future schemes that reward environmental benefits, as well as targeting biodiversity net gain, and I am happy to reaffirm and restate that commitment today.

While I cannot comment on the ongoing development of councils’ local plans, I can say that, when preparing their local plans, local authorities will have to have regard to their local nature recovery strategies, which will tell them where housing can be developed with lower impacts on nature. I have said this before, but I strongly agree with the noble Baroness, Lady Boycott, about Knepp. It is magical, and I have to say that it is hard to see how it can be enhanced by a giant new housing development next door to it. But it is also true, as the noble Baroness said, that no one is expecting every farm in the country to become a mini-Knepp; that is not the idea. But, at the same time, for the reasons that the noble Lord, Lord Teverson, outlined very powerfully today and in many speeches, we do want lots more Knepps, because they would be like a bank of biodiversity that could spread its treasures across the land—so we do want a network of Knepps, absolutely.

Moving on to Amendment 210, I can assure the noble Baroness, Lady Jones of Whitchurch, that it is the Government’s view that the policy outcomes of this amendment are delivered already through the Bill as drafted. The wide range of existing legal and planning policy protections for sites, species and habitats will be complemented by the mandatory biodiversity net gain measures in the Bill that we discussed earlier. These measures require that habitats for wildlife must be left in a measurably better state than they were pre development.

The Government are committed to the measures introduced in the Environment Bill, on which the Ministry for Housing, Communities and Local Government has worked closely with Defra to develop. As set out in the Planning for the Future consultation, we want the reformed planning system to play a proactive role in promoting environmental recovery and long-term sustainability. The proposed planning reforms will reinforce the implementation of these measures, including the biodiversity duty, as opposed to contradicting them. Through our planning reforms, we intend to maintain protections for areas of high environmental value and place a stronger emphasis on opportunities for environmental improvement. As I said earlier, I am meeting with the Housing Secretary shortly to discuss this and many other issues further.

Moving to Amendment 210A, from the noble Earl, Lord Caithness, I agree very much with the intention of his amendment, which seeks to ensure that future farming practices support nature recovery. He is right to make the argument that he has, in particular, to re-emphasise the point that other noble Lords have made, that there is no inherent contradiction between farming and nature. There are good farms and bad farms, but good, sustainable farming is inherently nature friendly. That is the kind of agriculture and land use that we need to encourage and must see much more of. The existing Clause 95 places a broad duty on all public authorities to conserve and enhance biodiversity. Where an authority has influence over farming, or has farms on its land, it will already need to consider what it can do to ensure that biodiversity is supported.

On Amendment 205B, tabled by the noble Baroness, Lady Jones of Whitchurch, in strengthening the biodiversity duty we are ensuring that public authorities take more effective action to support nature’s recovery. But it is important that authorities have the flexibility to balance the competing priorities. Public authorities have a huge range of functions that are vital to society and which must continue to be delivered, so requiring them to prioritise biodiversity over all other considerations could cause unintended consequences for the provision of public services. For example, if authorities were obliged to prioritise biodiversity over adult social care, it is unlikely that this would be accepted by the community. So we are increasing the strength of the biodiversity duty, but in a way that allows them to balance other priorities.

I agree very much with the intent behind Amendments 228 and 232, tabled by the noble Lord, Lord Teverson. Of course we want these things to work. We are not just going through the motions; we expect these new systems to deliver for nature. The local nature partnerships that he mentioned must, and will, play a key role in preparing and delivering local nature recovery networks. This has already been demonstrated through the five recently completed pilots. The Cornwall and Isles of Scilly partnership, which I have mentioned before, and which was chaired by the noble Lord himself, was a fantastic example of this, helping to co-create a prototype local nature recovery strategy with Cornwall Council. There are also many other local groups that have key roles to play in preparing these strategies. We intend to use regulations made under Clause 98 to ensure that all important local partners will be fully involved, so I am pleased to confirm that the intent of the noble Lord’s amendment can already be delivered by the Bill as drafted.

Regarding Amendment 232, I assure noble Lords that the Government are committed to fully funding the preparation of these strategies. New duties and incentives from the Government will play a key role in boosting activity, but the public, private and voluntary sectors must all play their part in delivering these jointly owned local strategies for nature recovery.

I thank the noble Lord, Lord Lucas, for tabling Amendment 229A. Regulations made under Clause 98 will have an important role to play in the successful implementation of local nature recovery strategies. The scope for the regulations is broad, specifying the procedure that the responsible authority must follow in preparing, publishing, reviewing and republishing their strategy. To inform the approach that the Government will take to these regulations, we are committed to launching a consultation over the summer.

Regarding Amendment 262, tabled by the noble Lord, Lord Teverson, I again share his motivation to build on the hugely important work of local nature partnerships, but I do not think that a formal consultation is necessarily the best approach. Local nature partnerships were set up in 2011 to be locally led, non-statutory organisations, focusing on the environmental priorities in their areas.

On Amendment 230, from the noble Lord, Lord Lucas, the Government’s intention is that delivery of local nature recovery strategies will be driven by a combination of duties and incentives that balance the need for urgent action with the rights of landowners and land managers. Local drainage boards and the Environment Agency will both have important roles to play in delivering local nature recovery strategies, given how crucial water is for so many aspects of nature. As public authorities, they and a great many other organisations will be required by Clause 95 to have regard to relevant local nature recovery strategies when exercising their functions.

Finally, the Government welcome Amendment 293 from the noble Baroness, Lady Young of Old Scone, and agree with the intent to achieve a more strategic approach to land use. At Second Reading, the noble Baroness said:

“Land needs to be multifunctional and to deliver a whole range of public and private benefits”.—[Official Report, 7/6/21; col. 1215.]


That is exactly what the Government are aiming to achieve as we confront climate and biodiversity challenges, while maintaining food production and sustainable development.

The Government do not underestimate the scale of the challenge. Existing clauses on local nature recovery strategies will provide England-wide coverage of locally produced spatial strategies for nature and nature-based solutions. Regulations and guidance will ensure that they work together coherently. The noble Baroness has set the challenge, which the Government must meet through the implementation of the Bill and our wider reforms, to deliver a genuinely strategic approach to land-use change across the UK.

I thank all noble Lords for their thoughtful contributions to this debate, and, for now, I ask them not to press their amendments.

[The Deputy Chairman of Committees (Baroness Fookes) (Con)]

My Lords, the noble Earl, Lord Caithness, has requested to speak after the Minister.

[The Earl of Caithness (Con)]

My Lords, I am grateful for the reply my noble friend the Minister gave, but I am slightly perturbed by his answer to the amendment of the noble Baroness, Lady Young of Old Scone, to which I put my name. He said we need a lot more Knepps. Yes, but where will they go?

He went on to say that the Government have a strategic approach. I do not think they have. My noble friend is battling with the Ministry of Housing, Communities and Local Government on many issues at the moment, and he will be battling with the Treasury and the Department for Transport. This goes across government. The Government might think they have a strategy but, without a strategy that we can all look at, it will be dependent on the budget and annual spending plans of each department. It will be a horrible annual battle.

I hope my noble friend will reconsider this between now and another stage, because the more I have listened to on the Bill and the more I have talked to farmers, the more I am absolutely convinced that the only sensible way forward is for us to have a strategy to which we can have our input and support the Government. That will make life clearer and better for everybody in future. Not only will it protect our environment much better but it will help produce the food that we want. The way we are going, we will have to import a whole lot more food than we do at the moment; that will be the downside of the Bill.

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Clause 95 agreed.

[The Deputy Chairman of Committees (Baroness Fookes) (Con)]

We now come to the group beginning with Amendment 212. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 212

Moved by

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[Lord Teverson (LD)]

My Lords, I shall be pretty brief on this, because both my amendments should really have been in the previous group, although one of them is particularly important.

First, I take just one minute to reassure the noble Baroness, Lady Young of Old Scone. She was concerned that she should not be consumed by vultures, but on the of Isles of Scilly, we have an Egyptian vulture visiting this year. There may not be an opportunity next year, so there are big decisions. That vulture joins Wally the Walrus, who, unfortunately, has come some 2,000 miles too far south on an ice floe and is trying to land his big weight—up to a tonne—on local vessels. I say to the Minister that we have some introductions that were not necessarily there before the last ice age, but there we are.

I shall be very brief. My first amendment says that local authorities must have a duty to implement nature recovery networks. That comes back to the theme of the previous group, and I shall not go through that again. My second amendment, which is also slightly out of place here, is key. It comes back to environmental land management schemes, which will be the big game-changers in practice in the countryside over the next decade. Why? Because they have real resources behind them—£2.5 billion per annum, potentially—to put into nature recovery. Their whole ethos and guiding hand is public goods being paid for by public money, and their concentration is to be on biodiversity—not all of it is for nature recovery but a large proportion of it is.

We have the three tiers, as they were called: the sustainable farm initiative, the nature recovery area and the whole landscape side. I am stating the totally blindingly obvious, but you cannot have that going off in one direction and nature recovery networks going off in another. One is primarily produced by local government, AONBs or national parks; the other is produced and decided by Defra centrally. The good news is that they are both within the “Defra family”, but I have little hope that, without real concentration, one part of Defra will be talking to the Natural England side, on the other, on nature recovery network implementation. My challenge is this: how are we going to get those two key elements to work together, rather than working in conflict?

The only other thing I would say is that I was delighted to put my name to my noble friend Lord Oates’s amendment; he has expounded those virtues tremendously. I will not follow on from that, except to entirely endorse his arguments.

[The Deputy Speaker (Baroness Fookes) (Con)]

I understand that the noble Lord, Lord Blencathra, has withdrawn, so I call the noble Baroness, Lady Jones of Moulsecoomb.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will be brief as well because I would like to get home to see extra time.

As in the previous group, these amendments would strengthen the Bill by giving it powers and mechanisms to make it work well. Amendment 212 would give new powers to local authorities to protect and enhance nature in the planning process. I know that the Green Party’s 450 or so councillors sitting on over 140 local authorities, along with thousands of other environmentally aware councillors from other political parties, would be able to achieve a huge amount with these new powers—in particular, the ability to prohibit inappropriate activities that would be detrimental to biodiversity. At the moment, there is little more that can be done other than protesting and campaigning against this sort of environmental destruction, which of course we all do extremely well but too often it is, sadly, completely useless. So this would be an important tool with which to defend communities and nature.

Amendment 231A would do the important work of tying the Bill in with the recently passed Agriculture Act. Both Bills have similar objectives—to protect and enhance the environment—but somehow there are no explicit links. This amendment would provide them. The two Acts could well end up pursuing parallel objectives rather than delivering joint action. Something that I think was missing from the Agriculture Act was that large-scale landscape-level planning that goes beyond individual farms and parcels of land. Amendment 231A would definitely help to ameliorate that by tying individual landholdings into the larger scheme of the nature recovery strategy. I hope the Minister will address that point specifically.