Environment Bill (Fourth sitting)

Cherilyn Mackrory Excerpts

Committee stage & Committee Debate: 4th sitting: House of Commons
Thursday 12th March 2020 Public Bill Committees

[Kerry McCarthy]

Q On the health and wellbeing point, it was mentioned as a possible objective, but we took evidence this morning about air quality and water quality, and witnesses in both sessions suggested that we were ignoring the impact on the human population. Should there be something in the Bill that talks about people, or should it be a Bill that talks about the environment? Should we bring people into it as well?

Dr Benwell: It should definitely be in there. I think there is full potential for that to be covered in the Bill. If there is not, it should be broadened out. Yes, definitely, we should think of our approach to the natural environment as serving wildlife and people. Setting an overarching objective is one way to do it, or you could deal with specific areas.

George Monbiot: And specifically listing children and future generations as people for whom there is a particular duty of care in terms of protecting the natural environment.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

Q Thank you for your evidence so far, which has been really informative. I want to take you back to the discussion on targets—we are hearing about these things quite a lot from different stakeholders—and to your example of Dartmoor, if I may. You might know more about this than I do, but it is my understanding that about half a millennium ago Dartmoor was actually an ancient woodland, and they cut down the trees to make the ships to build Henry VIII’s navy. I do not know whether I am right about that, but that is what I have heard. I do not know whether the target for somewhere like Dartmoor should be to keep it as moorland or to regenerate it to woodland, if that was case.

I feel that the Bill is the overarching framework for a positive way forward, and that were we to try to lock in all sorts of specific targets it would lose what it is trying to achieve, because there would be so much going on. What is your opinion on taking the matter to secondary legislation in the future so that we could listen to experts? I do not know what the experts would say about somewhere like Dartmoor. They might have differing opinions, and then how would we know what success looks like?

George Monbiot: You raise the fascinating issue of baselines. What baseline should we be working to? Should we be working to an Eemian baseline—the previous interglacial, when there were elephants and rhinos roaming around, with massive, very positive environmental effects, and there was an identical climate to today’s? Should we be aiming for a Mesolithic baseline, when there would have been rainforest covering Dartmoor; a Neolithic one, when it would have been a mixture of forest and heath; or a more recent one, which is basically heath and grass, with not much heath left?

The truth is that baselines will continue to shift because we will move into a new climatic regime. All sorts of other environmental factors have changed, so we will never be able to recreate or freeze in time any previous state. That is why I think that a general legislative aim should be restoration and the re-establishment of missing species, without having to specify in primary legislation which ones they will be. The restoration of missing habitats, as well as the improvement and enhancement of existing habitats, is the bit that is missing from clause 93. We could add in habitats that we no longer have but could still support. However, we should not lock it down too much.

A big problem with existing conservation, particularly with its single-species and interest-features approach, has been to lock in place previous instances of environmental destruction. You will go to a site of special scientific interest and it will say, “The interest feature here is grass no more than 10 cm high.” Why is that the interest feature? Because that is the condition in which we found the land when we designated it as an SSSI. Is it the ideal condition from an ecological point of view? Certainly not.

We need flexibility, as well as the much broader overarching target of enhancing biodiversity and enhancing abundance at the same time. We could add to that a target to enhance the breadth and depth of food chains: the trophic functioning of ecosystems, through trophic rewilding or strengthening trophic links—“trophic” meaning feeding and being fed upon. Having functioning food webs that are as deep as possible, ideally with top predators, and as wide as possible, with as many species at every level, would be a really great ecological objective.

Dr Benwell: You are right: we would not want to set detailed targets for the condition of Dartmoor in the Bill. That would not make sense. Nor, indeed, do we necessarily want to set numerical targets for anything else. What we need is the confidence that the suite of targets will be comprehensive and enough to turn around the state of nature. In the Bill at the moment, that legal duty could be fulfilled by setting four very parochial targets for air, water, waste and wildlife. I do not think that that is the intention, but when it comes down to it, the test is whether the target would achieve significant environmental improvement in biodiversity.

You could imagine a single target that deals with one rare species in one corner of the country. That could legitimately be argued to be a significant environmental improvement for biodiversity. Unquestionably it could, but what we need—I think this is the Government’s intention—is something that says, “We are not going to do that. We are going to treat the natural environment as a comprehensive system and set enough targets to deal with it as a whole.”

I can think of three ways of doing that. You could set an overarching objective that says what sort of end state you want to have—a thriving environment that is healthy for wildlife and people; you could list the different target areas, as I had a go at before, on the basis of expert advice, and make sure that those are always there; or you could look again at the significant environmental improvement test and make it clear that it is not just talking about individual priority areas but about the environment as a whole, on land and at sea. It does not matter how the Government do it. I think that is their intention. However, at the moment, we are not convinced that the legal provisions in the Bill would require that now or in future iterations of the target framework.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

Q I wanted to follow up on your earlier comments about the target framework, when you said it needs to have more teeth—I agree about that. You specifically talked about how environmental improvement should be linked to targets. As you know, when it comes to targets, this Bill hangs a lot on significant improvement tests. Can you tell me more about those tests, and whether you think they are appropriate metrics?

Dr Benwell: The test is not really a metric; it is a subjective opinion of the Secretary of State. Of course, that will be an informed opinion, but the significant improvement test is, “In the opinion of the Secretary of State, will a significant improvement be achieved through a particular target?” I am sure the Secretary of State will take advice on that, but it is a fairly loose test at the moment, and one that does not necessarily guarantee that sort of overarching improvement. I will leave it at that, because I am hopeful that in 3.5 minutes, we might return to net gain.