Environment Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage
Wednesday 7th July 2021 Lords Chamber

[The Earl of Caithness (Con)]

My Lords, I support many of the amendments in this group, and my Amendment 194A is on exactly the same theme.

I liked what the noble Duke, the Duke of Wellington, said on Monday and what the noble Lord, Lord Teverson, said on Monday about grey water. He is absolutely right, of course: there is no reason why this could not be included in every new building. Indeed, my noble kinsman and his noble friend, the noble Viscount, Lord Thurso, and I were involved in a project at the visitor centre at the Castle of Mey 15 years ago, and we did exactly this. It is perfectly feasible, has worked extremely well and is very beneficial for the environment.

All these amendments deal with a common theme: resilience to climate change. The Climate Change Committee has pointed out how behind the Government are on meeting the problems of resilience. The resilience needs to be improved, not only because we are building more and more roads, houses, commercial buildings and railways but because the weather is changing. The rain is getting heavier and often more localised. I refer again to the floods in the West Country 10 days ago, when whole roads were ripped up by the force of water coming down the hill. Most of that water should have been dealt with in a different way.

My amendment seeks to make surface water management more adequate. I am extremely grateful to my noble friend on the Front Bench for the amendment he has put forward but, like many others, I do not think it goes far enough. It is a good start, but on Report we need to strengthen it.

We have been quite critical of how our water has been dealt with, but one ought to just pause and thank our Victorian ancestors for building in the way they did. The fact that we can still use most of their system and get away with it in a reasonable fashion is a huge tribute to our ancestors. I hope that in 100 years, future generations will say that this generation was as good as the generation I am talking about, that of our great-great-grandfathers.

My amendment is to take away surface water, whether from new buildings or roads, from the sewage system. There is absolutely no need for it to go into the sewage system. As my noble friend Lady McIntosh said—I thank her for supporting my amendment—there is an automatic right to connect to a sewage system. The water companies are not statutorily consulted but told that a development is taking place and somehow have to meet it. If their system cannot meet it, that is where we have the floods, pollution and destruction of the environment.

My amendment is really very simple. It combines with various others to allow the Government to take a slightly different path. You cannot deal with the whole question of water unless you look at surface water. My amendment is to allow the Government to

“amend the drainage provisions of the Water Industry Act 1991 … to ensure they remain fit for purpose”.

At the moment they are not fit for purpose. There are other, better ways of dealing with it. Considering how much new development is taking place and about to take place, and how much more will take place when we get the—as far as I am concerned—dreaded planning Bill next year, now is the time to nail this problem before it is too late.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, just as in the previous group, in this group there are some really forward-thinking amendments that can go a long way to ending our devastating impact on rivers and the wider environment. Some are so good that I have amendment envy and wish I had thought of them—but obviously two Greens cannot be everywhere, although we do our best.

We all seem to agree here that we currently use water in an extremely illogical way. So much clean, drinkable water is flushed down the loo when there is a really obvious alternative: to not use it. The separation and capture of grey water should be routine, and the Government should make it a requirement in building regs, because the benefits are so blindingly clear.

I operate a grey water system at home, which means flushing the loo with my washing-up water. It is very sophisticated. I walk with the bowl from one room to the other, and it works extremely well. The water out of our sinks is likely contaminated with eco-friendly soap, perhaps dirt from our hands, bits of food and things like that, but it is fine for washing our toilets, watering our gardens, even washing our cars—if you have one—and doing a whole host of other things. This relatively simple system will of course hugely cut down on our water usage and the stresses placed on the sewage system, because we automatically cut down our wastewater by almost half.

When we combine this separation and reuse of grey water with the separation of sewage from drainage, we have a much more sustainable water system. I hope that not very long into the future we will look back on the idea of using clean water to flush our toilets and then mixing it with rainwater, before spending huge amounts of money getting the sewage back out, as almost as illogical and disgusting as throwing our toilet contents out of the windows into the open streets, as used to happen a couple of hundred years ago. In truth, we have actually just made it a bit more complicated and put the sewers underground, but in essence it is the same: we are throwing our sewage into our streets.

This should be a priority for the Government, both at home and around the world. The same solutions that will clean up our sewage system in the UK will help clean, safe water systems elsewhere in the world. We have a responsibility to make sure that other countries have safe water supplies. This does all sorts of things, including reducing the risk of disease for millions of people in other countries. Of course, it also significantly reduces our disastrous impact on the earth’s rivers, lakes and seas.

I keep raising the issue of COP 26 but, quite honestly, we have to have something to take there that we are actually proud of. The rest of the world will be watching. It will not be like the G7; it will be a completely different situation in which other countries will judge us on what we are doing here, and I just hope we can measure up.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, the noble Lord, Lord Randall of Uxbridge, has withdrawn, so I call the noble Lord, Lord Lucas.

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[Baroness Young of Old Scone (Lab) [V]]

My Lords, what I am hearing around the House is that everybody is feeling rather anxious about a lack of join-up between a whole load of mechanisms that are being invented or pre-exist, so that they run the risk of nullifying each other, or at least making life very difficult for each other. So I feel justified in speaking to my Amendment 293, and I thank the noble Earl, Lord Caithness, for his support. Some noble Lords will recognise that this is a revamp of an amendment to require the Government to draw up a land-use framework which I raised during debates on the Agriculture Bill. The Government indicated that the Environment Bill would be a much more appropriate place to deal with it, so here it is. The Government may possibly now say that the planning Bill would be a more appropriate place, in which case I shall raise it there too, because the noble Earl, Lord Caithness, is right that I have been banging on about this for a long time, and I intend to continue banging on about it until I get it.

There are huge pressures on land, and they are growing. There is pressure for increased food security, carbon storage, biodiversity, flood management, trees, increased timber for self-sufficiency, recreation, health, built development, housing and infrastructure—there are multiple pressures on land. The University of Cambridge Institute for Sustainability Leadership conducted demand and supply analysis and found that, to meet a growing UK population’s food space and energy needs while increasing the area needed to protect and enhance the nation’s natural capital, the UK would need to free up an additional 7 million hectares. The land for that is simply not there. The UK as a whole is only 24.25 million hectares, so about one-third more land would be needed to meet imminent pressures, and we simply have not got it.

As we tackle these multiple pressures for land, we are hampered by the lack of a common framework within which to reconcile these competing needs. I have been going around trying to prompt a debate on the need for a land-use framework for England, because Scotland, Wales and Northern Ireland already have such frameworks and are using them, with greater or lesser effect, to guide policy on these competing areas of need. Many countries across the globe have land-use strategies—even China, as we heard at our Select Committee last week—so, it is long overdue that England should develop and use such a framework. This issue was identified by the Select Committee on the Rural Economy two years ago: it recommended that there should be an England land-use framework. The Commission on the Future of Food, Farming and the Countryside—I declare an interest as a member—has identified this as a major issue and is conducting a pilot land-use framework for Devon, which may encourage the Government to see whether they could adopt it on a national basis.

Since we debated this issue during the passage of the Agriculture Bill, several other spatial planning issues have arisen. The Government have made a commitment, in the England Trees Action Plan, to major expansion of woodland. Where are the best places for trees to go that do not undermine the other valuable land uses, such as agriculture? What is the answer to that? We need a land-use framework to tell us. The new farming support regime, as the noble Earl, Lord Caithness, outlined, will result in substantial land-use change. Local nature recovery strategies already have a quasi-land-use planning role but could well raise major challenges to local development plans, as has already been outlined. The changes to the planning system heralded in the Government’s White Paper will impact on the use of land, but traditionally, the planning system does not cover, in any real way, rural agricultural land. Net biodiversity gain will require land to achieve that gain. Can the Minister clarify how all these mechanisms are to be integrated and not bang into each other?

Land is a finite resource—we are not making any more—and we desperately need a strategic land-use framework to maximise the value to wildlife, development, the economy and people. If the Minister disagrees, will he outline how the Government intend to reconcile the increasing competition for land? The risk is that these separate systems will encourage particular land uses in particular places, with decisions taken in silos without a more strategic view on how to get the right use in the right place and maximise the benefit of the precious resource that land represents.

I also support Amendments 209 and 210. I have put my name to Amendment 209 in the name the noble Baroness, Lady Parminter. It makes the vital link between local nature recovery strategies and other land use decisions by public authorities. It was put vividly by the noble Baroness. The Knepp example is being replicated over the country. Our local version in Bedfordshire is that the local native recovery strategy is beginning to identify, from rigorous scrutiny of the data, that the North Bedfordshire Wolds is probably the most important area of open countryside left in Bedfordshire, but the local plan has been developing new town proposals to put new settlements of 6,000 to 10,000 inhabitants right in the middle of the North Bedfordshire Wolds—so not much join-up there then. I therefore support the need for local nature recovery strategies to have legal status, so that planners and developers have to take account of them. Amendment 210, in the name of the noble Baroness, Lady Jones of Whitchurch, aims to make a statutory link between local planning decisions and biodiversity in all the decisions that public authorities make.

My last point is a practical one. Local authorities have, almost universally, reduced the number of ecologists they employ; two out of three local authorities do not have an ecologist on their staff. We need proper integration of all these new and existing mechanisms for land use, and ecologists will be vital to that task, so we need to ensure that local authorities are properly funded to be able to do this job.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is a delight to follow the noble Baroness, Lady Young of Old Scone. I completely agree with her about leaving out one’s body for the birds to pick over the bones. Personally, I would not mind corvids; they are very bright, so I would not have a problem with that at all.

For all those who would like to know about the footy, it is 1-1 at the moment. Denmark scored first.

While we are talking about corpses, I will throw in my own story. In Norway, in 2016, a herd of wild reindeer were electrocuted. There were 232 animals—calves, parents, everything—who all died simultaneously. Rangers in the area decided to leave the corpses and watched for several years to see what would happen. The biodiversity explosion was huge; it was not just predators, birds, insects and everything that fed off them, but the plants and fungi that were a by-product of all this activity. Biodiversity is aided by corpses. This is probably not an option for most local authorities, but it is something that individual gardeners could use when they find dead animals, if they can stand the smell.

The amendments in this group are part of the wider task being undertaken by your Lordships’ House to insert the strong legal mechanisms that will give effect to the ambitions of this Bill. The Bill should be a watershed moment for the conduct of government and public administration, but we are missing loads of opportunities to have any sort of impact. Amendment 205B, moved by the noble Baroness, Lady Jones of Whitchurch, would be a turning point for public authorities. We need public servants to recognise their roles as stewards of the environment and the natural world, and this amendment would do that. Every function and decision should be made with the environment and ecosystems at the forefront of the decision-maker’s mind. In the 21st century, that should be a fundamental principle of good governance.

Amendment 232 of the noble Lord, Lord Teverson, then ensures these new powers and duties on public authorities are properly resourced, so they can be delivered. We all know about the massive cuts to local authorities that have been happening over the past 11 years and, honestly, I am staggered that local authorities can carry on with all the services they manage to, but we cannot allow a situation where ever more duties are placed on local authorities, while they still struggle with the effects of austerity. The Government have to invest in good-quality local services and invest massively in a transformative programme to repair our natural world. The two cannot be put into conflict; the Government must make resources available to local authorities to deliver both with excellence. I hope we will revisit these two points on Report, because they are important to delivering the ambition of the Bill.

I have been watching today’s business from my office, trying to get on with other work, and the stamina shown by noble Lords still in the Chamber is absolutely staggering. I admire your fortitude and energy. Let us all hope that we do not have to do this again too often, because the Government will accept loads of our amendments.

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[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.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I shall speak to Amendment 231A in the name of the noble Lord, Lord Teverson. I am slightly concerned that the noble Lord appeared to suggest that I go to the Isles of Scilly, fling myself in front of a moving vehicle and then lie on a hillside to allow a vulture to eat me. That would be delightful but to be honest it would be a bit premature, so I am not sure I am going to take up his offer. There will be other vultures—other vultures are available, as I think the phrase goes.

The noble Lord’s amendment would require any environmental land management scheme project to comply with the local nature recovery strategy. This is absolutely the joining-up of agricultural and nature purposes of land use, which is vital, as the noble Lord, Lord Teverson, laid out. The fact that the noble Lord has felt the need for agriculture and biodiversity uses to be joined up reinforces the need for an overarching land-use framework, as I outlined in my previous amendment, combining not only agricultural and nature purposes but development and a variety of others, such as climate change mitigation and floods—multiple purposes that a limited land supply has to achieve. However, if I cannot have a land-use framework from the Minister, I would be very grateful if he would give way to the noble Lord, Lord Teverson and let us at least have agriculture and nature joined up.