Environment Bill

Earl of Devon Excerpts

Committee stage
Wednesday 23rd June 2021 Lords Chamber

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

The noble Earl, Lord Lytton, has withdrawn, so I call the noble Earl, Lord Devon.

[The Earl of Devon (CB) [V]]

My Lords, I rise to consider, as a number of other noble Lords have, the definition of species abundance, and to ask what such targets might mean for land management, particularly at a local level. I echo and endorse the excellent earlier comments of the noble Lord, Lord Vaux, and others, on Amendments 36 and 45, noting the unintended consequence of worthy targets. I remind noble Lords of my interests as listed in the register.

I particularly want to speak about the Exminster marshes, a SSSI Ramsar and RSPB nature reserve, traditionally famed and farmed for its early spring lamb—the earliest in England and a staple at Easter Sunday lunches before subjugation of New Zealand’s native ecosystems allowed us to have lamb year-round. The Exminster marshes are now renowned for overwintering wildfowl and waders, as well as ground-nesting birds and much else. I knew the marshes well as a child, which was not yet so long ago, and there is now nothing like the diversity of bird species there was when it was traditionally farmed, even if the abundance of certain species may have increased dramatically.

Since the RSPB acquired part of the marshes, the increase in birdlife has, for the most part, been seen in the non-native Canada goose, traditionally well controlled. Likewise, there has been an increase in the abundance of foxes, badgers and other marauding mammals, as noted by the noble Earl, Lord Caithness, which has caused the RSPB to surround its field with electric fences to protect the few nesting peewits that remain. In the surrounding hills, the quantities of wild deer are now so high that young tree plantations all fail and Kenton’s allotments are surrounded by deer-proof fencing that makes them look like a prison camp. Meanwhile, the mitigation cost for one pair of cirl bunting on those same south Devon hills is set at £75,000—yet I have never even seen a cirl bunting.

Species abundance, as many noble Lords have commented, is very complex, and interventions to improve it can have dramatic and unforeseen consequences. Indeed, I have heard the Minister’s brother extolling the virtues of rewilding when launching the Devon environment fund last year. He spoke with particular passion on the introduction of carnivorous wild cats to Dartmoor. I hope he consults with the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Mallalieu, if he ever considers such a target, as the Dartmoor hill ponies would likely object to becoming their prey.

The Minister has already said there will be consultation and impact assessments completed before any targets are introduced, but could he please expand on the extent of that consultation? In various places in the Bill, notably in relation to local nature recovery, species conservation and protected site strategies, there are explicit consultation requirements set out. But nowhere do I see an obligation to consult with local land managers—the very people who will be most impacted by the targets and are most responsible for achieving them. Land use is a particularly local issue, as the noble Lord, Lord Curry, has explained. Each of our landscapes has been developed by local communities over centuries, for particular purposes sympathetic to that specific landscape and those who live and work within it. Centralised target setting, or target setting by national agencies alongside local planners, will not be sufficient.

I also note that the date for meeting the proposed species abundance target is December 2030. While I applaud the Government’s desire to set ambitious nature targets and be seen to be taking action now, I would note that this is only a year or two after the end of the agricultural transition period prescribed by the Agriculture Act. Therefore, at exactly the same time as farmers and land managers are wrestling with the largest upheaval in agriculture regulation in generations, they will be required also to meet as yet ill-defined species abundance targets about which they will not be consulted.

If we are not very careful, we will have dead ponies, no trees and wetlands full of Canada geese—until the badgers get their eggs, too. That is not nature recovery.

[Lord Cameron of Dillington (CB) [V]]

My Lords, I rise—metaphorically—to support Amendment 25. My support of this amendment is similar to my support of the target for the PM2.5 particulates in the last grouping. In essence, I believe that we have to be ambitious, so I also support Amendment 26 in the name of the noble Baroness, Lady Bennett. But, first, I thank the Minister —he seems to be getting a slightly hard time tonight—for coming up with his Amendment 22 in the first place. However, as others have said, I realise that there are no serious commitments within it as yet—but it is a start and we all hope that we can draw out some firmer detail as a result of this debate.

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[The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)]

The noble Duke, the Duke of Wellington, has withdrawn from this group, so I call the next speaker, the noble Earl, Lord Devon.

[The Earl of Devon (CB) [V]]

My Lords, the Committee appears to be in complete consensus on these amendments; I too am concerned about the gaping hole where heritage should sit within this Bill. Therefore, I am an enthusiastic supporter of the various amendments from the noble Lord, Lord Redesdale, and would have added my name to them were they not so heavily oversubscribed. It is essential for heritage to be in the Bill to ensure that man’s many historic and essential interventions in the landscape can be preserved and enjoyed for centuries to come.

In his response to these comments at Second Reading, the Minister pointed to the presence of heritage in the 25-year environment plan—our first EIP—but without heritage being in the Bill, there is no requirement that it will be included in the second EIP or any later ones. If it is anything, heritage is a long-term concern and that needs permanent status within this legislation.

--- Later in debate ---

[The Earl of Devon (CB) [V]]

Hello?

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

Wait a minute, the noble Earl is there. Could he speak briefly?

[The Earl of Devon (CB) [V]]

I am terribly sorry, my Lords. The Minister says it is not for Defra to handle the funding of heritage restoration, and he directs our attention to DCMS and says that it should handle it instead. But Natural England has long contributed substantial capital grants for existing heritage restoration works. Indeed, this is under the HLS programme. An example would be the award-winning restoration of the belvedere overlooking the Exminster marshes, which was substantially repaired thanks to an HLS and Natural England grant as a historic natural landscape feature. Could the Minister comment on that? I think Defra and Natural England are very capable in this regard.

[Lord Goldsmith of Richmond Park (Con)]

The examples the noble Earl provided are areas where there is a direct biodiversity value. Not all the examples we have been given today have a direct biodiversity value. I am not suggesting that they have no value; of course they do. But, if we were to squeeze into ELM all the concerns, priorities and projects that have been listed today, it would need to be significantly expanded from what it is, and it is just not practical or possible.