Environment Bill

Earl of Caithness Excerpts

Consideration of Commons amendments
Tuesday 26th October 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Teverson, and to agree with every word that he just said. I thank the Minister for his introduction to this debate and thank him and his officials for the very detailed and useful discussion this morning, particularly with such a lively avian accompaniment.

I shall take a second to reflect on the place of your Lordships’ House. I had a discussion a couple of days ago with a Cross-Bench Peer for whom I have the greatest respect, who expressed great frustration at the huge amount of work done in your Lordships’ House, which so often—as the noble Lord, Lord Teverson, has just said—gets casually dismissed in the other place. Yet we are so often told, “Oh, we can’t send too many things back to them; we can’t resist too hard; we’re the unelected House.” That, of course, raises a whole other question about the constitution. None the less I fear—and we have seen some cases of this already—that many of our strong, fine Peers are getting fed up and really considering whether they are going to continue to devote their time to your Lordships’ House. It is crucial that we recognise that we are in a different political time and that we are crucial to the future of this country, its environment and people, and we need to stand firm.

I have come under strong pressure, as I am sure many are aware, not to push forward with the soils amendment. Those looking closely will notice that I have not pushed forward with the same amendment as was sent to the other place. My amendment in lieu simply refers to soil quality rather than soil quality and soil health, as in the amendment sent to the other place. Health very often talks about the biology of the soil; quality is frequently used to refer to the structure. I am guided here particularly by the Sustainable Soils Alliance but also by academics, independent experts and farmers, who say that it is possible to use the metrics from the soil structure monitoring scheme to establish a target specifically for soil structure which would fit the definition of quality. As the Minister said on Report, targets can be iterative—they can be developed, evolved and finessed over time.

I acknowledge that the Minister here and those in the other place have spoken often and very clearly, and clearly are engaged with the issues of soil that are so crucial, but we all know that Ministers change. The only thing that will guarantee a way forward is with soil being on the face of the Bill. I put it to noble Lords that this Bill will be fundamentally deficient if we do not have soils there with equal weighting and place alongside air and water. I am afraid that the Minister in debate also said at one point that, if we were looking after air and water, we will sort of be looking after soils as well. I am afraid that very powerfully makes the argument for me—that soil risks falling into a second order unless it is given the same status.

I note that, in your Lordships’ House on Report, the margin by which this vote was won was equal top with that for the amendment on sewage tabled by the noble Duke, the Duke of Wellington. This was a very clear voice from your Lordships’ House on Report.

I also particularly wish to acknowledge the very strong efforts in this area by the noble Earl, Lord Caithness, who has done a tremendous job and has seen some steps forward from the Government. But those steps are still not enough.

I finish, given the pressure of time, by noting that I do not believe that the amendments we are looking at today are either/or. All the amendments that have been retabled today are crucial. My noble friend Lady Jones of Moulsecoomb will address interim targets in more detail, but I stress that that is crucial as well. I also want to acknowledge the efforts of the noble Lord, Lord Deben, and the noble Baroness, Lady Brown, in supporting my amendment last time. I urge your Lordships to show that we are really here to make a difference. I give notice of my intention to push this Motion to a vote.

[The Earl of Caithness (Con)]

My Lords, I rise to support the amendment on soil from the noble Baroness who has just spoken. This is a crucial issue. But first I want to ask my noble friend the Minister a question about what he said when he introduced the discussion on this. He quoted the Prime Minister, who said that there is a climate crisis that will be solved but not by panicked measures. That seemed to indicate that he thought some of the amendments put forward by this House were “panicked measures.” If that is the case, I would be grateful if my noble friend could tell us which of these amendments, which we so carefully debated in Committee and on Report, could be classed as a “panicked measure”.

The noble Lord, Lord Teverson, was absolutely right to tell us that the Prime Minister did not acknowledge that there is a biodiversity crisis. One-quarter of the world’s biodiversity crisis is in the soil, and that is a major problem for us. There ought to be an alignment between the Environment Bill and the Agriculture Act. We got soil into the Agriculture Act and we were then told that that was not the right place for it and that it ought to go in the Environment Bill; now we have got to the Environment Bill and my noble friend tells us it is not necessary in this Bill. It is necessary in this Bill. It should be put into this Bill.

Only 0.4% of 1% of England’s environmental monitoring budget is spent on soil. That is derisory. Could my noble friend tell me what he anticipates that spend to be within one year and within five years? Soil is the basis of everything. The Game & Wildlife Conservation Trust, which has done a huge amount of research over many years on soil, says that we cannot reach net zero without dealing with soil. That has been taken up by the Climate Change Committee, which has said exactly the same thing, and even my noble friend the Minister has said that we cannot solve the problem without addressing soil; yet soil is not going to be in this Bill.

I remember my noble friend Lord Deben said something on Report to the effect of: unless it is in the Bill, it is not going to be done. At that stage, I backed my noble friend the Minister against my noble friend Lord Deben’s advice. This time, I back my noble friend Lord Deben and say that this ought to be in the Bill.

[Lord Deben (Con)]

My Lords, I merely say this: I really wanted to support the Minister and I thank him for the conversations we had. I understand the argument that says soil cannot be exactly parallel with water and air because we have an agreed measure for both which enables us to put a date, but there is no reason we could not have a date, but a different date, to make sure that this Bill actually covers soil. I say this to my noble friend: I have been very disappointed that the promises made by the Government on trade have so clearly not been fulfilled. Therefore, it is very difficult to ask this House to accept the Minister’s personal support for this—which I entirely believe; I do not think there is any doubt about that. But we now have to accept that, unless we have soil in the Bill, it will not have the incredibly important emphasis that it needs.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I apologise; I thought I had answered. I will certainly reply on any questions that I have not answered—I commit to that. I am afraid I cannot do so now as I am not sure which questions are unanswered.

I understand the strength of feeling and thank noble Lords for the amendments they have put forward. I would be grateful if, in return, they could carefully consider the arguments made today.

[The Earl of Caithness (Con)]

Before the Minister sits down, he has not answered the points raised by my noble friend Lord Deben. Notwithstanding the evidence that the noble Baroness, Lady Bennett, and I have received that you can in fact set a target by the appropriate time limit within Clause 1, my noble friend Lord Deben raised the point that you could have a different date for bringing in soil quality targets. As I understand it, the only way that that is possible is for the soil amendment to be passed by your Lordships and for the Government to bring in an amendment in another place to meet the specific concern. If the Minister is convinced that his advice is right and the advice I had is wrong, he could at least bring soil into the Bill with a deferred date by which the target ought to be brought in.

--- Later in debate ---

[Baroness Quin (Lab)]

My Lords, I very much congratulate the noble Duke, the Duke of Wellington, on all the work he has done on this issue. As a co-signatory of a similar amendment he moved on Report, I welcome the fact that he has retabled it to ask the other place—the House of Commons—to think again. Like him, I welcome the fact that there was a sizeable rebellion of the Government’s own supporters in the House of Commons; I hope that they will be joined by others if we return this amendment today, or that the Government will move even more in the direction that they have already signalled to us they are considering.

Of course, I deplore abusive tweets and messages and know the misery that they can cause, but I am glad, and welcome the fact, that people across the country are waking up to the extent of the problem of sewage discharges—which they certainly are. I hope that this proper public pressure will be brought to bear effectively in order to remedy this situation.

I will not repeat further what has been said but will simply make two points. The water industry itself seems to be behind other UK business sectors in its use of technology, yet if British expertise could be harnessed more effectively to tackle the problems of sewage discharges here at home, there is the consequent potential of being able to export environmental technology and equipment elsewhere, and thereby gain some economic benefits for the country as a whole.

My final point is to flag up an issue that has been touched on by the noble Baroness, Lady McIntosh, and about which I will write further to the Minister, rather than detaining the House. I think that planning authorities need to take much greater account of the state of sewers, drains and discharges into rivers when looking at applications for more housing. My neighbours are already having problems with the present inadequate draining and sewage systems and the problems of overflows and numerous sewage discharges into a very sensitive river, the River Coquet. This is happening at the same time as new housing developments are being planned. This is not about objecting to housing as such, but objecting to schemes that will overload and overwhelm already fragile and inadequate drainage and sewage systems.

As I say, I will write to the Minister further about this, but I hope that, in the meantime, a very clear message in support of the noble Duke, the Duke of Wellington, will be given by your Lordships’ House today.

[The Earl of Caithness (Con)]

My Lords, first, I thank my noble friend for Motion M and what he has done on conservation covenants. I was a great supporter of the noble Earl, Lord Devon, because, having been a surveyor, I know just how difficult those conservation covenants would be for some farmers, so the new wording is very much appreciated.

My second point is to support very much what my noble friend Lady McIntosh of Pickering said about automatic connection for new developments. This is absolutely crucial. I spoke about it in Committee and on Report. Given the amount of new development there will be, the new regulations need to be brought in as quickly as possible.