Crown Estate Bill [Lords]

David Chadwick Excerpts

2nd reading
Tuesday 7th January 2025 Commons Chamber

[Pippa Heylings (South Cambridgeshire) (LD)]

I begin by extending my gratitude to all those who have worked tirelessly in the Lords on the Bill over the past seven months. I note in particular the way in which full transparency was offered and delivered by Lord Livermore, the Financial Secretary to the Treasury, in response to requests for clarification and evidence. I hope that we can replicate such co-operation as the Bill passes through this House.

The objectives of the Bill are to broaden the investment and borrowing powers of the Crown Estate and to strengthen its corporate governance, in order to help accelerate, among other things, the delivery of new renewable energy, particularly offshore wind. We are generally supportive of the Bill and would welcome further scrutiny on issues such as the cap on borrowing; accountability in the relationship with Great British Energy; managing the conflicts between competing interests and values of our seabed and coastline, as mentioned by my right hon. Friend the Member for Orkney and Shetland (Mr Carmichael); community benefit; devolution in Wales; and our climate and nature duty. I will proceed to elucidate those issues.

In the UK, we are off track in meeting our climate targets, following previous years when the Conservatives have dithered and rowed back on pledges. We need to increase investment in renewable energy in order to strengthen our energy security and to help families keep warm and lower their energy bills, particularly during this cost of living crisis. As a result of Russia’s invasion of Ukraine, families and businesses have been left exposed to skyrocketing bills. For far too long we have been reliant on autocrats such as Putin to meet our energy needs.

The Crown Estate oversees 200,000 acres of land, 12,000 km of coastline and a seabed area larger than the combined land mass of England, Wales and Northern Ireland. As the owner and steward of the seabed, the Crown Estate leases plots to offshore wind developers and other infrastructure projects, playing a fundamental role in the sustainable development of this national asset and in the potential for securing our world-leading position on floating offshore wind development.

For many years, however, the Crown Estate has been constrained in its ability to borrow through the Treasury, forcing it—as we understand it—to resort to selling off assets in order to fund its investments for the future. The changes proposed in the Bill, in partnership with Great British Energy, hold the potential to unlock investment in vital infrastructure across supply chains, ports and green energy sectors, and to accelerate progress by unblocking the huge delays in the delivery of new green energy, which is desperately needed following the slow progress made under the previous Government.

It is reassuring to hear that during the Bill’s passage through the Lords, assurances were given that there would be a borrowing cap of 20% of the loan-to-value ratio. We look forward to seeing that reflected in the updated framework agreement as we go into Committee. On the day the Bill was introduced to the House of Lords, the Government announced the Crown Estate’s partnership with Great British Energy to bring forward new offshore wind developments. Despite the significance of that relationship between the two, the original Bill did not provide clarification on or accountability in how it would work.

Clause 4, which was introduced by my Liberal Democrat colleagues, ensures important transparency through annual reports on activities within that relationship. However, we also share Energy UK’s concerns about how that relationship will work, particularly in relation to other private sector investment. We support its calls for annual schedules for offshore wind leasing that identify locations and target capacities. Such a road map would help developers and suppliers to plan investments, including necessary port upgrades, and would align with the offshore wind industrial growth plan.

[David Chadwick (Brecon, Radnor and Cwm Tawe) (LD)]

Does my hon. Friend agree that this legislation should have set out a framework for devolving the Crown Estate in Wales, as is the case in Scotland?

[Pippa Heylings]

Indeed, I read the report of the debate in the Lords, and there was a passionate request for the Crown Estate in Wales to be devolved to the Welsh Administration and for the benefits to be felt by Welsh communities. We look forward to discussing that in Committee.

Another crucial area that has been mentioned is the mapping of the seabed around our coastline. The Crown Estate has already begun that work with award-winning geospatial techniques. That key contribution to spatial planning for our coastal and marine areas needs to balance economic development with environmental responsibility. For years, the Liberal Democrats have called for comprehensive land and sea use frameworks. Although the Government have committed to a land use framework, we remain far behind on marine spatial planning. We have heard today, in response to the concerns of my right hon. Friend the Member for Orkney and Shetland, about the conflict of interest in the Crown Estate leading on determining priorities in our coastal and marine areas. It is on that point that we seek assurances.

Statutory bodies such as the Maritime Management Organisation are responsible for prioritising and managing competing interests and values between users of our coastline, including in fishing, as has been mentioned, and in tourism, amenity use and shipping. All those things need to be managed, and that can be done through marine spatial management. We caution against the Crown Estate becoming the leader by default because it is the owner and steward of the seabed and has the capacity for mapping. We know that it is undertaking liaison work with fisheries, and that is good, but the MMO is the statutory body for managing those competing interests, and we seek assurances that that will be clarified in Committee.

Raising the issue of devolution to Wales brings me to the key point of community benefits. We need to know how communities will benefit from the investment in infrastructure and renewable projects facilitated by this Bill. Local communities must not feel that this energy transformation is being done to them, but that it is empowering them to participate and benefit from it. While the new borrowing powers will enable investment in offshore wind, they will also facilitate property development across the 185,000 acres of the Crown Estate, so the Bill must do more to ensure that those developments do not ride roughshod over community concerns regarding planning, infrastructure and environmental standards, both on land and at sea. People must have a say in the decisions that affect them and, where infrastructure is concerned, they should also receive the benefits where appropriate.

I was really pleased to see the inclusion of amendment 10, championed by Baroness Hayman. That amendment requires the commissioners to

“review the impact of their activities”

on sustainable development. As Liberal Democrats, we have long called for climate and nature duties to be a requirement of all public bodies. As Baroness Hayman wisely said,

“What matters is the endgame and the results… What matters is the impact we have and how much we have shifted the dial in terms of what the Crown Estate achieves in support of the Government’s climate and nature objectives.”—[Official Report, House of Lords, 5 November 2024; Vol. 840, c. 1425.]

During the debate in the Lords, an undertaking was given that the framework agreement would be updated to include a definition of the meaning of sustainable development as regards the Crown Estate, with explicit reference to part 1 of the Climate Change Act 2008—the targets for 2050—as well as section 56 of that Act, and to sections 1 to 3 of the Environment Act 2021 regarding nature recovery. I look forward to seeing an updated version of the framework agreement to reassure us that this definition of sustainable development has been included.

This Bill presents a trident of opportunity. It can enhance energy security, reduce household bills and bring us closer to achieving our net zero targets, but we cannot afford to lose sight of the need for financial accountability, the duty to protect nature, the need to devolve to Wales, and the need to ensure that all communities are included in the crucial journey to net zero.

Crown Estate Bill [Lords]

David Chadwick Excerpts

Report stage
Monday 24th February 2025 Commons Chamber

The partnership between the Crown Estate and GB Energy has real potential to be a huge force for good—we really feel that down in Cornwall. It will spearhead the development of offshore renewable energy in a speedy but sustainable way, investing in energy production initially and laying the groundwork for our energy security of the future, as well as building our local communities, our infrastructure and our supply chains in some of the most left-behind and deprived parts of the UK.

[David Chadwick (Brecon, Radnor and Cwm Tawe) (LD)]

I rise to speak in support of new clause 4 and to express my party’s frustration with the Government’s refusal thus far to devolve the Crown Estate to Wales. It is the firm view of the Liberal Democrats, both here in Westminster and in the Senedd, that this decision is wrong for Wales and its economy. Under the current system, the profits generated from Wales’s vast natural resources flow directly to the UK Treasury, offering no benefit to the communities where that wealth is created.

The Crown Estate in Wales is set to generate millions annually from offshore wind energy leases in Welsh waters. If this money were kept within Wales, it could contribute an estimated additional £50 million to the Welsh Government’s budget at a time when public services in Wales are crumbling. It is nothing short of outrageous that the Labour Government in Westminster seek to deny Wales these vital sources of income, which could help to address the crisis in our public services, economy and infrastructure. The Labour Government’s refusal to devolve these powers further entrenches the outrageous notion by Labour and the Conservatives that Wales is a lesser nation than Scotland.

While Scotland has controlled its Crown Estate since 2017, Wales, despite having vast Crown Estate assets within its borders, has been left without those powers. The benefits of devolution for Scotland have been clear, with the Scottish Crown Estate generating over £103 million for the public finances since 2017. The excuses we have heard from the UK Government for failing to put Wales on an equal footing simply do not hold up. Patronising comments from Ministers about how devolving the Crown Estate would not be in Wales’s “best interests” or would be a “waste of time” are frankly an insult to the people of Wales.

This Government claim to support growth, but they seem determined to keep Wales from reaching its full potential. Instead of empowering Welsh communities to harness the benefits of their own resources, profits continue to flow directly to London. That is not the vision of growth to benefit local communities or level up left-behind communities; it is a continuation of the Conservatives’ failed economic model, which prioritises centralisation and investment in the south-east of England over everywhere else. It would be a great mistake if those in power in Westminster were to deny Wales the opportunity to build a better future for our communities. I hope the Government will change their mind.

[Jim Allister (North Antrim) (TUV)]

I wish to primarily address new clause 7, tabled by the hon. Members for Belfast South and Mid Down (Claire Hanna) and for Ynys Môn (Llinos Medi), and to express opposition to it. It very much reflects what is in new clause 1, in terms of seeking devolution of the Crown Estate, but in this case to the Northern Ireland Executive in respect of the assets there. I oppose that for a number of reasons. It presently is a reserved matter, and I strongly believe that is how it should stay. I say that not because that is right ideologically, but because practically it is beyond belief that the current Stormont Executive could ever handle the controversies that come with the Crown Estate.

This is an Executive in Stormont that have been in existence for almost 13 months and still cannot agree a programme for Government. If we were to hand them something as controversial as control of the Crown Estate, we all know what the outcome would be. Why is it controversial? For one specific and historical reason. Lough Foyle is controlled and owned by the Crown Estate. It is a piece of water that separates County Londonderry, which is in Northern Ireland, from County Donegal, which is in the Republic of Ireland, but the entirety of Lough Foyle since last we had a King Charles rests under British control. In 1662, Charles II gifted Lough Foyle, the surrounding waters, the seabed and the waters within it to the Irish Society. The Irish Society was a conglomerate of various companies from the City of London, which did a great deal to develop and build the city of Londonderry; and as part of that, I presume, it was gifted control over Lough Foyle. In 1952, the Irish Society conveyed Lough Foyle to the Crown Estate.

A divided Executive in Northern Ireland would be hopelessly incapable of resolving the issues that flow from the somewhat controversial aspect of the entirety of Lough Foyle, right up to the coastline of County Donegal, being properly, legally and in perpetuity in the control of the Crown Estate. Therefore, devolving the Crown Estate to the Northern Ireland Executive would be disastrous for the good management of the lough and for the uncontroversial continuance of its ability to be developed. That might be a particular situation, but it is in addition to my opposition from an ideological point of view and my belief that the Crown Estate is a national asset that should continue to be of a reserved category. I think the proposition in new clause 7 would be the utmost folly; I trust that the Government will resist it and that the House will reject it.

--- Later in debate ---

[James Murray]

If the right hon. Member waits just a moment, I will come to some of the direct benefits for the people of Wales of retaining the Crown Estate in its current form.

It is important to emphasise that the Crown Estate’s marine investments are made on a portfolio-wide basis across England and Wales. Devolving to Wales would disrupt existing investments, as they would need to be restructured to accommodate a Welsh-specific entity. To devolve the Crown Estate at this time would risk jeopardising the pipeline of offshore wind development in the Celtic sea, which is planned for into the 2030s. The Crown Estate’s offshore wind leasing round 5 is spread across the English and Welsh administrative boundaries in the Celtic sea. It was launched in February last year and is expected to contribute 4.5 GW of total energy capacity—enough to power 4 million homes.

In addition to energy, the extensive jobs and supply chain requirements of round 5 will also likely deliver significant benefits for Wales and the wider United Kingdom. Lumen, an advisory firm to the Crown Estate, has estimated that manufacturing, transporting and assembling the wind farms could potentially create around 5,300 jobs and a £1.4 billion boost for the UK economy. Devolution would also delay UK-wide grid connectivity reform. The Crown Estate is using its data and expertise as manager of the seabed to feed into the National Energy System Operator’s new strategic spatial energy plan. On Wales, the Crown Estate is working in partnership with the energy system operator to ensure that its pipeline of Welsh projects—the biggest of which is the round 5 offshore wind opportunity in the Celtic sea—can benefit from this co-ordinated approach to grid connectivity up front.

[David Chadwick]

If devolution presents such enormous barriers, why are the Government choosing to put the headquarters of Great British Energy in Scotland?

[James Murray]

GB Energy is for the benefit of the whole of the UK. It is absolutely right to locate its headquarters in Aberdeen, given the strong connection between Aberdeen and use of the assets of the North sea to generate power for the entire United Kingdom. In fact, the hon. Gentleman’s example underlines my point, which is that when different parts of the United Kingdom work together, we can achieve more than we can separately. I thank him for endorsing my point.

It would not make commercial sense to introduce a new entity, with control of assets only within Wales, into a complex operating environment in which partnerships have already been formed. Furthermore, the Crown Estate’s assets and interests in Wales are fundamentally smaller than its assets in England, and would likely not be commercially viable if their costs were unsupported by the wider Crown Estate portfolio. The Crown Estate can take a longer-term approach to its investments and spread the cost of investments across its entire portfolio. A self-contained, single entity in Wales would not have the same ability; neither would it benefit from the expertise that the Crown Estate has developed over decades of delivering offshore wind at scale. A devolved entity would be starting from scratch.