Environmental Targets (Biodiversity) (England) Regulations 2022

Baroness Young of Old Scone Excerpts

Wednesday 25th January 2023 Lords Chamber

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[Baroness Young of Old Scone]

At end insert “but that this House regrets that the Regulations fail to set a target for terrestrial protected sites condition; notes that this contrasts with the Environmental Targets (Marine Protected Areas) Regulations 2022 target for Marine Protected Areas condition; notes that around 40 per cent of England’s terrestrial protected sites remain in unfavourable condition and this has not changed significantly since publication of the 25 Year Environment Plan target to reach 75 per cent in favourable condition; further notes that the United Kingdom committed in December 2022 to a new Global Biodiversity Framework including the target to ensure that by 2030 at least 30 per cent of the overall terrestrial and marine areas are effectively conserved and managed and to report periodically on that target; and therefore calls on His Majesty’s Government to bring forward a new target which addresses the condition of terrestrial protected areas in England”.

[Baroness Young of Old Scone (Lab)]

My Lords, I declare my interest as chair of the Woodland Trust and president and vice-president of a range of conservation organisations as listed in the register. When I tabled this regret amendment, I did not realise I would be scheduled in the death slot at the end of the day, and I apologise to the Minister for keeping him up.

I thank the Minister for laying out these regulations. I feel a sense of déjà vu with some of them because the history of creating targets for biodiversity is a rather chequered one. I hope the House will forgive me if I dwell on some of the history. When I first came into the environment movement 30 years ago, I was told very firmly that to save biodiversity we had to pay attention to three things: first, the abundance of individual species and the extent of their distribution; secondly, habitat creation in the wider countryside; and thirdly, very definitely, a network of protected special sites and the condition of those sites. We have got some way in these targets towards the first two, and I will comment briefly on them, but I am afraid we have nothing on the third. The targets put forward by the Government fail to tackle all these three issues, and they need to be put together.

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I recognise that I have not answered everyone’s questions, but I am being told that I am testing the patience of the House, so I will endeavour to write to noble Lords and put letters in the Library. I hope that I have given at least an overview of the suite of targets.

[Baroness Young of Old Scone (Lab)]

My Lords, where do you start, where do you start? I thank the Minister for his response and thank other noble Lords who have spoken in this debate. There was an interesting point from the noble Baroness, Lady Bakewell, who is no longer in her place, that she worries that Defra is struggling with volume. We are all worried that Defra is struggling with the volume of things coming at it. We are struggling with the volume of things coming at us, and it must be 10 times worse for the department.

The noble Baroness, Lady Smith of Basildon, made a very valid point about the expertise of this House. There is an issue in that Defra does not capitalise on expertise. There is quite a lot of inventing stuff from the start when, in fact, there are a whole load of old fogies like us out there—including former Defra civil servants, ex-NGO folk and business folk—who have gone through many of these issues umpteen times before and could have valuable input into Defra’s considerations. That has been particularly so with the ELM scheme. I do not know how many million times I have sat down and helped develop new land-management schemes under agricultural subsidy, and I am just one small cog in a big set of wheels that could be at Defra’s disposal; that is a bit off the point but is nevertheless important.

I want to pick up one or two things that the Minister said. At the heart of my concern about there being no target for protected sites is a worry about the point he made that halting species decline will need site improvement. My view is that, if there must be a focus on improving the condition of protected sites to halt species decline, why not have a number on it while we are at it and measure site improvement? First, you will be looking at sites anyway; and, secondly, not all protected sites will be picked up by the array of species in the “species abundant” set. A number of SSSIs are designated for weird and wonderful small organisms that are nevertheless incredibly important and threatened but simply will not be picked up by the array that is there. I remember fighting nobly for the SPA in the Bristol Channel, which is designated for some teeny little worm that lives in mobile sandbanks. Try telling that to the folks who were trying to build the Severn barrage—but it was important, and we won.

I am happy about the idea that optimising land use will produce a bigger range and extent of habitats, but I do not think that really helps with the protected sites. For me, the important thing about protected sites is that they are specifically designated for a set of species and there is a specific set of management conditions that can produce improvement. We have to focus on that. I was a bit gobsmacked, if that is the technical term in your Lordships’ House, that the Minister seemed to say that some things that need to happen cannot happen because they would mean restrictions on and costs for people’s businesses and lives. That is the whole point of protected sites. They are protected regardless because they are that important. They are only a small proportion of the land surface but they are protected so that they are above the rest of the land that can be managed for multiple uses. Biodiversity must be the primary purpose.

We have legally binding targets, which are what we wanted in the Environment Act. Now that they have emerged, we are not that thrilled with them. I worry a bit. Yesterday, we spoke in the Moses Room about the woodland target because the tree cover target has been reduced to make it more achievable. The idea that, if we cannot achieve something, we should pull it down and make it more achievable worries me stiff. I also worry that we may have a tiger by the tail in that inventing the Office for Environmental Protection has meant that there is now a huge focus on anything that is statutorily required by the office’s processes. I worry that this will distort priorities and that the total focus is on avoiding the OEP taking cases against Defra; that would be a real shame at the very beginning of this new regulator.

I recognise the Minister’s personal commitment. However, I just want to say that in 2042 I shall be 94, but I will be around to remind people of how well we have done on these targets. What is more, I shall be around every year from now until then to remind people of what needs to happen. I hope that I will be encouraged by the environmental improvement plan next week and that we will see some of the informal, non-statutory targets covering protected sites. If we do not, I shall be cast down, because the statutory targets do not. I beg leave to withdraw my amendment.

Amendment to the Motion withdrawn.