All 6 Earl of Kinnoull contributions to the Environment Act 2021

Read Bill Ministerial Extracts

Mon 7th Jun 2021
Environment Bill
Lords Chamber

2nd reading & 2nd reading
Mon 21st Jun 2021
Environment Bill
Lords Chamber

Committee stage & Committee stage
Wed 30th Jun 2021
Wed 7th Jul 2021
Mon 12th Jul 2021
Wed 8th Sep 2021

Environment Bill

Earl of Kinnoull Excerpts
Lord Bilimoria Portrait Lord Bilimoria (CB) [V]
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My Lords, an independent review of the economics of biodiversity, produced by Professor Sir Partha Dasgupta of the University of Cambridge—I declare my interests—describes nature as “our most precious asset” and finds that humanity has collectively mismanaged its global portfolio. Our demands far exceed nature’s capacity to supply the goods and services that we all rely on, and the last few decades have taken a devastating ecological toll. The review highlights that recent estimates suggest that we would need 1.6 earths to maintain humanity’s current way of life. As Professor Dasgupta said:

“Truly sustainable economic growth and development means recognising that our long-term prosperity relies on rebalancing our demand of nature's goods and services with its capacity to supply them.”


Since 1970, there has been an almost 70% drop, on average, in the populations of mammals, birds, fish, reptiles and amphibians. Some 1 million animal and plant species—almost a quarter of the global total—are believed to be threatened with extinction.

The CBI, of which I am president, has been addressing resources and waste reforms. In the wake of Covid-19, the new UK-EU relationship, rapid technological advancement and climate change, the country has a defining opportunity to set an ambitious target and course for the next decade and beyond. Protecting the environment for future generations should be at the heart of any economic vision for the UK. We have just launched our economic strategy—Seize the Moment: An Economic Strategy for the UK—for the next decade until 2030; climate change, biodiversity and the environment are key pillars of this.

Just as the CBI and our members stand with the Government on meeting the UK’s target for net-zero carbon emissions by 2050, we are supportive of the ambition behind the resources and waste strategy to move towards a circular economy. The drive towards a circular economy, where resources are used efficiently and waste kept to a minimum, presents a genuine opportunity for the UK to be a world leader in sustainability. This could bring huge economic benefits, increasing our lagging productivity and improving prosperity for all. Responsible businesses know that they have a crucial part to play in protecting our environment and are acutely aware of the high consumer demand for firms to be proactive. We look forward to business continuing to work with the Government to ensure that we establish a pathway to a circular economy that enhances business competitiveness and empowers consumers to make positive choices. Does the Minister agree with this?

Some of the key points are that businesses need more visibility over how the reforms will work in practice. Taken together, the Government’s reforms are the most comprehensive overhaul of England’s waste and recycling system in a generation. Reforms on this scale are inherently disruptive, so it is crucial to ensure that their implementation, both logically and practically, take the pressures facing business into account. Many CBI members feel that the pace of reforms and lack of clarity of their design, so close to implementation, mean that many could struggle to make the necessary changes in time. Do the Government agree with that?

There are additional costs and burdens on business that need to be kept to a minimum. Consumers must be encouraged and empowered to make positive choices. The BBPA, which is a member of the CBI and of which my business is a member, says that it is crucial that the implementation of a deposit return scheme does not further hinder pubs, brewers and producers, but provides them with a platform to play an important role in supporting our environment, while continuing to operate efficiently and profitably.

The B7, which I was privileged to chair last month, feeds into the G7. There are important milestones to deliver successful outcomes and build momentum ahead of the B20, the G20 and COP 26. As we address the challenge of reducing carbon emissions, business also needs to consider wider impacts on the environment, particularly biodiversity, where more work needs to be done to understand how business and government can work together to create a sustainable future for all. G7 nations should prioritise national policies to support the development of markets that value diversity, biodiversity, natural environments, natural carbon sinks and nature-positive business activity. Biodiversity loss is occurring worldwide, and the decline is set to continue under business-as-usual patterns of activity. The World Economic Forum estimates that over half of global GDP is threatened by nature loss. Therefore, preserving nature is central to a sustainable future.

The G7 Energy and Climate Ministers issued a joint communique on G7 climate and biodiversity, and it is encouraging that they have taken the B7 recommendations on board. The OECD speaks about natural capital underpinning all economic activity. Greener UK says that the stakes could not be higher for this first dedicated environmental Bill in over 20 years. The World Wildlife Fund welcomes the Environment Bill and calls for a statutory deforestation target. Are the Government considering this? The UK NGO Forest Coalition says that halting the global loss of forests and other natural ecosystems is essential.

I conclude with Sir David Attenborough, the famed Cambridge alumnus, who welcomed the Dasgupta review, saying that it is

“the compass that we urgently need.”

He said:

“Economics is a discipline that shapes decisions of the utmost consequence, and so matters to us all. The Dasgupta Review at last puts biodiversity at its core … This comprehensive and immensely important report shows us how by bringing economics and ecology face to face, we can help to save the natural world and in doing so save ourselves.”

Earl of Kinnoull Portrait The Deputy Speaker (The Earl of Kinnoull) (CB)
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I call the noble Lord, Lord Sheikh.

Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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Lord Sheikh, you need to unmute.

Earl of Kinnoull Portrait The Deputy Speaker (The Earl of Kinnoull) (CB)
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I regret that we are having connection problems with the noble Lord, Lord Sheikh, so we move to the noble Lord, Lord Bradshaw.

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Lord De Mauley Portrait Lord De Mauley (Con) [V]
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My Lords, only a few days ago, I was delighted to hear a speech given by my right honourable friend the Secretary of State for Environment, Food and Rural Affairs on restoring nature. In it, he lamented the failures of the past 50 years and promised a new approach, announcing plans for

“creative public policy thinking that can deliver results”

and moving

“the emphasis away from processes that simply moderated the pace of nature’s decline”.

Of particular note is this comment from my right honourable friend:

“In Natural England, we have exceptional technical expertise on habitats and our protected sites but this precious expertise is often distracted by highly prescriptive legal processes. I would like to get to a position where our talented staff in Natural England have fewer distractions and are able to prioritise the interventions that will make a big difference. I want them to have more freedom to exercise judgment rather than being stewards for a process.”


I was also fascinated to listen to the words of my noble friend Lord Ridley earlier. I propose to continue his theme. Biodiversity net gain is a particularly interesting concept to enable achievement of the Secretary of State’s ambition, as set out in a Written Ministerial Statement of 18 May,

“to deliver a regulatory framework that is fit for purpose in driving forward our domestic ambitions … We need a revised approach to deliver this new species abundance target and better support iconic and much-loved native species”.—[Official Report, Commons, 18/5/21; col. 45WS.]

I propose to focus my remarks on Clauses 92 to 94 and Schedule 14—the part dealing with biodiversity net gain, which I warmly welcome.

Noble Lords may be interested in a case study. As set out in the register of interests, I have an interest in a commercially operated lake in the Cotswold Water Park, as well as other land nearby. Land managers were notified on 7 January that an old 1994 SSSI of 135 hectares was being enlarged to 15 times its size to include all the Cotswold Water Park’s 177 lakes—a total of 2,074 hectares.

I have no doubt that all those managing land there agree that it is a special place for nature and are willing to work with Natural England to preserve and enhance nature and biodiversity. Indeed, for many years, many of us have welcomed the BTO’s volunteers, who have counted the birds there and contributed in many other ways. However, what is relevant to the provisions of the Bill on biodiversity net gain is that there is no doubt that active management will be needed to preserve and enhance the habitat.

Indeed, that is acknowledged by Natural England in its “views on management”, which accompanied the notification. For example, it says:

“For the more sensitive pioneer species suitable habitat conditions require regular management of the early successional stage … These habitats may require some active management … Exposed areas of bare ground on islands should be maintained to provide nesting sites”.


Those are just examples. Much more can and should be done if we are to improve matters for nature. These things will not happen on their own; they will cost money.

Habitat banks for the purposes of biodiversity net gain credits under the Bill offer much promise in that regard. However—I would be grateful if the Minister could check this and write to me—we are advised that Natural England, as a matter of policy, specifically denies land managers the ability to take advantage of the opportunities presented by biodiversity net gain and, I think, ELMS, in respect of land subject to an SSSI notification.

One can understand that, perhaps for pristine wilderness, that may be appropriate, but for a habitat created by human intervention and under active management to preserve its otherwise transient state, it does not sound very sensible. It rather sounds as if, on the one hand, Natural England is telling us that active management is necessary while, on the other hand, it is removing the very tool that the Government are even now fashioning to enable us to fund that necessary active management.

Rather shockingly, it transpires that of the lakes designated in 1994, every one is, in Natural England’s own assessment, at “unfavourable declining” status. However, the large areas of the Cotswold Water Park that had not until now been so designated are, again at Natural England’s own assessment, in favourable conservation condition. This is in spite of—or, it might be argued, because of—activities that have gone on for years, for which Natural England now insists its consent is obtained.

Unless there is a clear and coherent plan to overcome the historic failures, it is unreasonable to repeat the mistakes of the past on a much larger scale, especially when there are now better options available that provide for conservation and enhancement. I do not have time to talk about a number of other controversial matters about the process that has been followed by Natural England here. Suffice it to say, there are several, and they include serious legal errors.

The Bill contemplates innovative mechanisms for true, sustainable development, such as the opportunities emerging from biodiversity net gain as part of development and habitat banks for offsetting. In his speech, the Secretary of State said that if we are to

“reverse the downward trend we have seen in recent decades, we need to change our approach,”

and we need to change it right now.

I particularly welcome the biodiversity net gain provisions of the Environment Bill. I hope that sense will prevail and my right honourable friend’s ambition that Natural England has fewer distractions, is able to prioritise the interventions that will make a big difference and has more freedom to exercise judgment—rather than be a steward for a process—will come to pass.

Earl of Kinnoull Portrait The Deputy Speaker (The Earl of Kinnoull) (CB)
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The noble Earl, Lord Kinnoull, has withdrawn, and I call the noble Lord, Lord Duncan of Springbank.

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Lord Berkeley Portrait Lord Berkeley (Lab) [V]
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My Lords, I welcome the Bill, as many other noble Lords have done, but it clearly needs quite a lot of improvement, which I am sure we will be able to do in the subsequent stages. I shall start by commenting on the difference, raised by many noble Lords, including my noble friend Lord Whitty and the noble Baroness, Lady Sheehan, between the EU structure that we used to have and the present Bill. To sum it up, I found from working on transport and the environment from the industry point of view that the difference was that the EU was seen to be totally independent of the Government and had teeth. Those are the two things that we need to look at in discussing the Bill.

The Bill is full of targets, which is a good thing. As many noble Lords have said, they are very wide-ranging and welcome. I believe that many of them need to be legally binding, but we also need to talk about monitoring and enforcement, and all that needs resources. It is not just the targets in this Bill; many other parts across government need to have some kind of connection if we are going to achieve the overall targets that everybody wants, one of which is net-zero carbon.

I shall cite one or two examples from the transport field. The first is biomass. Ministers occasionally say that if we have 100% biomass-fuelled airliners, we can fly as much as we do at the moment, but then somebody else has said that if you want that amount of biomass, every piece of cultivatable land in the world will have to grow biomass and therefore we will all starve. That is not a very good idea. Ditto the latest idea of having hydrogen powering everything. I am told that to create so many kilowatts of hydrogen, you need double the amount of electricity that you need if you use it to power whatever you are trying to do. We have to find solutions for all this. In his wonderful valedictory speech, the right reverend Prelate the Bishop of Salisbury mentioned a phrase that many people are frightened to mention: there will have to be some change of lifestyle.

The other example I shall give is from a debate we had a couple of weeks ago in your Lordships’ House on electric scooters. I pointed out that by the end of this year there will be 1 million scooters operating illegally in this country and asked how the Minister would suggest that ensuring that these scooters do not go on the roads, cycleways or footpaths could be achieved without a massive increase in the number of people and the budget. I am afraid that Ministers tend to ignore the whole question of enforcement. They say that the allocation of funding is difficult, but it needs to be done if the law is to be respected, and that applies to many things in this Bill.

My other point relates to water contamination in the Chilterns caused by HS2, which the noble Lord, Lord Randall of Uxbridge, also raised. I am concerned about the non-disclosure agreements that people have to sign, which mean that all environmental data seems to be confidential. I am sure that many noble Lords would agree that environmental data does not need to be confidential. These poor people in the Chilterns could not even get the information they needed by making a freedom of information request, and they had to go to court. Of course, the documents have now come out saying that six public water suppliers may need additional treatments and asking who will pay for it. I have had similar problems trying to help the people of Wendover, a bit further up the line, get information out of the Government about why they will not talk about putting the railway in a tunnel rather than a viaduct. I have a little bit of experience with tunnelling, but it is still very difficult.

For me, the office for environmental protection needs many more teeth, as the noble Lord, Lord Duncan of Springbank, told us. I want it to be able to force government authorities to produce information, to take people to court, and to support judicial reviews and everything else which would make the concepts and principles in the Bill really work. If we do not do that, we are wasting our time, and it will just be a series of good words. I look forward to many more debates in the future stages of the Bill.

Earl of Kinnoull Portrait The Deputy Speaker (The Earl of Kinnoull) (CB)
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The noble Lord, Lord Curry of Kirkharle, and the noble Baroness, Lady Fookes, have withdrawn. I call the noble Earl, Lord Devon.

Environment Bill

Earl of Kinnoull Excerpts
Amendment 4 withdrawn.
Earl of Kinnoull Portrait The Principal Deputy Chairman of Committees (The Earl of Kinnoull) (CB)
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We come now to the group of amendments headed by Amendment 5. Anyone wishing to press that amendment or any other amendment in this group to a Division should make that clear during the debate.

Amendment 5

Moved by

Environment Bill

Earl of Kinnoull Excerpts
Committee stage
Wednesday 30th June 2021

(3 years, 5 months ago)

Lords Chamber
Read Full debate Environment Act 2021 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 16-V Fifth marshalled list for Committee - (30 Jun 2021)
Lord Curry of Kirkharle Portrait Lord Curry of Kirkharle (CB) [V]
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My Lords, I once again refer to my interests: I chair the Cawood group, which has laboratories and analyses raw materials, including soil, and I am a trustee of Clinton Devon Estates.

Amendments 110 and 112 propose that “soil” is included in the meaning of the “natural environment” in Clause 43. I fully support the comments of the noble Earl, Lord Caithness, the noble Lord, Lord Randall, and the noble Lord, Lord Framlingham, who has just spoken. I do not mind which amendment is adopted, but, in my view, the positioning in Amendment 112 in the name of the noble Lord, Lord Randall, flows more naturally in the text, following the listing of “air and water”.

The key issue is that “soil” is listed as a key component of the “natural environment”, and it is unbelievable that it is not already included in this definition. How can

“plants, wild animals and other living organisms”

be included, when they cannot exist without depending on soil? Soil is as crucial as air and water and fundamental to support life on earth. The natural world depends on it.

When the Minister responded to Amendment 11 in an earlier debate, he rejected its call to have “soil quality” as a priority area within the Bill on the basis that to do so would involve setting a target and that the definition and descriptor of “soil quality” were still not resolved and were a work in progress. It would not be the first time that the definitions underpinning a Bill were incomplete, and that is no reason not to have it included. A definition of satisfactory soil quality that supports sustainable food production, identifies the essential microbial organisms and life within the soil, and determines the level of organic matter to optimise carbon sequestration will be agreed. This will be resolved.

From current analysis by Cawood, I know that the level of sequestered carbon varies enormously from field to field, never mind farm to farm or region to region. It is essential that we address this opportunity and realise the carbon storage potential that the soil offers. Indeed, in the light of climate change, we would be failing in our responsibility if we did not do so. I encourage the Minister to seriously consider introducing an amendment on this topic before Report to save time, in view of the weight of opinion in support of this subject.

Earl of Kinnoull Portrait The Principal Deputy Chairman of Committees (The Earl of Kinnoull) (CB)
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The noble Earl, Lord Devon, has withdrawn, so I call the noble Duke, the Duke of Montrose.

Duke of Montrose Portrait The Duke of Montrose (Con) [V]
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My Lords, it is a great honour to follow the noble Lord, Lord Curry, with his deep scientific knowledge of agriculture and soils. I declare my interests: my family runs a livestock farm and owns a series of SSSIs in two areas of nature reserves.

In this clause, we get to define the extent and, where necessary, the boundaries of what we want the Bill to influence. On soils, I support my noble friend Lord Caithness’s Amendment 110, which is necessary because the government strategy for carbon sequestration is considerably dependent on the soil and peat. I hope that my noble friend the Minister will respond positively to either of these amendments.

I will produce a quote from a rather different angle: 300 years ago, in Gulliver’s Travels, Jonathan Swift expressed the old saying that

“whoever could make ... two blades of grass … grow upon a spot of ground where only one grew before, would deserve better of mankind, and do more essential service to his country, than the whole race of politicians put together.”

That was in his day. This has inspired our farmers for 300 years. To me, it is an environmental principle, but in the Bill the Government have given us as their environmental principles a set of prohibitions, protections and penalties.

The judgment, from the measures contained in the Bill, is that that earlier principle has now gone too far. The protections listed will be necessary, but we need to be sure that our purpose is not simply to put all the processes of the countryside into decline. It would be nice if someone could come up with a phrase that would draw all our aspirations together and point the way forward. The outcome will hang on the wording in these clauses and what we interpret as the meaning of “natural environment”.

I support Amendment 113, in the name of my noble friend Lady McIntosh and the others who have signed it. This draws our attention to the whole marine biosphere, an area that is under great threat at the moment. It is essential that this is not overlooked. The various marine organisations are still drawing up their inventories of what is in the natural environment at present, and a great deal of expense and research will have to be dedicated to that area. I too served on the EU Environment Sub-Committee that my noble friend Lady McIntosh mentioned, and I contributed to the work that was put in. There are huge areas where we have hardly any information.

My noble friend Lady McIntosh spoke of the importance of the marine area to the UK. In December, Scotland published its latest marine assessment report, which has to be updated every three years and which, in turn, covers an area six times greater than the Scottish landmass—so biodiversity is a very important field for that Administration.

At the same time, the Bill will incorporate the policies of species abundance and the encouragement of biodiversity. We have spent so much time discussing targets. Given the role that mankind has taken upon itself over the centuries, targets are necessary. The Secretary of State can introduce almost unlimited targets under the Bill, but Clause 3 has a number of subsections that must be observed if the Secretary of State wishes to reduce them.

However, there is no requirement for the Secretary of State to pay any attention to taking actions if a crisis develops when one element becomes prolific or threatening and the need to cull numbers requires some urgency. The nearest experience that I have had did not have the urgency in question: it was decided that the deer population in the huge Queen Elizabeth Forest Park, which is next door to me, was well above what was good for forestry purposes and that it should be reduced to four deer per square kilometre. They then set about culling 4,000 deer out of this area, which is not something that I would readily support, but it was a necessary management action and is an indication of what might be required if proliferation becomes extreme. In the spirit of the Bill, it will always be preferable to employ nature-based solutions, but, if diseases or threats to biodiversity occur, we must be prepared to act in whatever way will be effective.

My noble friend Lord Caithness’s second amendment raises the important question of defining biodiversity. “Biodiversity” in the Bill seems limited to the abundance of species, particularly in Amendment 22, moved by my noble friend the Minister on day 2 of our deliberations. Amendment 113B would mean that attention could be given to how far biodiversity should be supported.

Environment Bill

Earl of Kinnoull Excerpts
Earl of Kinnoull Portrait The Principal Deputy Chairman of Committees (The Earl of Kinnoull) (CB)
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My Lords, the Hybrid Sitting of the House will now resume. I ask all Members to respect social distancing.

I shall call Members to speak in the order listed. During the debate on each group, I invite Members, including Members in the Chamber, to email the clerk if they wish to speak after the Minister. I shall call Members to speak in order of request. The groupings are binding. Participants who might wish to press an amendment other than the lead amendment in the group to a Division must give notice in debate or by emailing the clerk. Leave should be given to withdraw amendments. When putting the Question, I shall collect voices in the Chamber only. If a Member taking part remotely wants their voice accounted for, if the Question is put, they must make this clear when speaking on the group.

Clause 78: Drainage and sewerage management plans

Debate on Amendment 162 resumed.

Environment Bill

Earl of Kinnoull Excerpts
Earl of Kinnoull Portrait The Earl of Kinnoull (CB) [V]
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My Lords, it is a great pleasure to follow the noble Baroness, Lady Young of Old Scone, who spoke with her typical authority and strong logic. I declare my interests as set out in the register, particularly those in respect of agriculture and as chair of UK Squirrel Accord, of which more later.

I shall speak to Amendment 260A, which stands in my name, and Amendment 259 in the name of the noble Baroness, Lady Young of Old Scone. One plank of this Bill is afforestation. We have heard much throughout the many days of debate on the Bill about the benefits of carbon capture and the biodiversity dividend of afforestation. It is worth recalling that the level of afforestation in the United Kingdom in 1919, just after the First World War, was just 5%. Today, it is 13%, but the 2021 EU factsheet on afforestation for the EU shows that it is 37% afforested. In his very good speech at Second Reading, my noble friend Lord Cameron of Dillington pointed out that it is important to balance food production with forestry on our limited land area, but I still feel that 13% is the wrong number and needs to go up significantly. I agree with many others who have said that over the course of our many days.

The problem is that simply planting trees is not enough. Amendment 260A is about the management of the main animal damage threats, while Amendment 259 is its biosecurity analogue. The squirrel problem is very simple in that grey squirrels ring-bark trees between the ages of about 10 and 40 and suck out the sap. This damages the trees and kills many of them. UK Squirrel Accord was formed five or six years ago to try to combat this at a UK level. It comprises the four Governments, their nature agencies, the main voluntary bodies and the main commercial sector bodies. There are 40 signatories overall. It seeks to co-ordinate not only communication among those bodies so that everybody knows what is going on but the use of science in controlling squirrels, and that science will of course be able to be used for the control of deer.

The key thing at the moment is the fertility control project, which is getting to the end of its third year at the Animal and Plant Health Agency’s main laboratories just outside York. The project will do exactly what it says on the tin, which is to control the fertility of grey squirrels and therefore shrink their numbers dramatically.

This year saw a very interesting piece of academic research by the Royal Forestry Society on the level of the problem that the grey squirrel poses to afforestation. It is called An Analysis of the Cost of Grey Squirrel Damage to Woodland. It is quite a lengthy report, and I shall not give your Lordships all the details, but 777 land managers were surveyed. They said clearly that the greatest threat to them in trying to grow woodland was the grey squirrel, and 56% of them said that they were experiencing damage quotients of between 35% and 100%, with only 14% feeling that the damage quotient was less than 5%. I should say in addition that the oak tree, which is one of the most iconic species for our country, is the greatest supporter of biodiversity, with some 2,000 species supported by oak trees.

The UK Squirrel Accord and its associated voluntary bodies are extremely worried about there being safe zones for squirrels because some people do nothing. The biggest problems we see in those safe zones are patrolled by Amendment 260A. First, if you have been in receipt of a grant or if you are a public body—this is a very big problem—you must comply with the animal damage protection standard. If you are somebody else, you will be encouraged to comply with it. Given those who are interested enough to participate in the UK Squirrel Accord, I think people will obey that, but I feel that some motorway and railway agencies in particular are doing nothing at the moment and therefore have a lot of safe harbours for the squirrel.

I will say a brief word on the cost of compliance. I congratulate the National Forest Company, which has employed volunteers to help with some of its control issues, greatly reducing any costs that may be involved. I believe there is a significant number of volunteers—the UK Squirrel Accord is very much in touch with them—who would assist with that and therefore help with the cost element.

I turn briefly to Amendment 259. I feel that the science will get there for Amendment 260A in the end, and we will have sufficient scientific weapons to be able to reduce the level of grey squirrels in the country so that it will be commercially possible to plant broadleaf trees in the south of England again. We will hear about that from later speakers. The difficulty is that the disease problems associated with importing trees, particularly pest problems such as the oak processionary moth, fill me with an appalling dread. Here I very much agree with what the noble Baroness, Lady Young, said just a moment ago. It is important to be a bit like a Chinese doctor and act before some of these problems arise, and act very strongly indeed. Both these amendments are enabling provisions for afforestation. We will not get there without them.

Lord Lucas Portrait Lord Lucas (Con) [V]
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My Lords, I am very pleased to be able to follow the noble Earl. I declare an interest as an owner of a plantation on an ancient woodland site, mostly replanted in 1986. I reckon that my cumulative loss to squirrels is about 60%. There are areas of the wood where nothing has survived except the coppice regrowth, and a lot of that is damaged. I have been trying to control squirrels throughout that time. This is a really serious problem if we want to take trees seriously, particularly if we want them to be commercial. I therefore very much support Amendment 260A. It would be a really useful way to go, getting us all working together in the same direction.

Deer are important too. Those who know the border between Wiltshire and Dorset will know the troubles the RSPB has had in Garston Wood with the herd of fallow deer it had there. It got zero regeneration at the end of the day because there were just too many deer. It has now excluded them, which is not fun for the local farmers, but at least it solves the RSPB’s problem. However, generally we have to recognise our position in this ecosystem. We are very important as the top predators—the controller of what happens with herbivorous activity—and if we want particular species and kinds of things to grow, we must act on that responsibility.

We need to start to understand how regeneration is working around us. Oak regeneration does not seem to be happening at all, something that is echoed by other people in the south of England. I do not know what circumstances need to change to make the ecology right for that. These are things that, with a big ambition for forestry, we need to understand. We do not want to have to be for ever planting trees; we ought to be able to rely on a pattern of regeneration.

I am very much in favour of the direction of Amendment 259. We need to be quite strict about the diseases that we let into this country. We have a very limited degree of biodiversity when it comes to trees and shrubs; we have about 30 different ones, around one-tenth of what an ideal temperate woodland would have by way of variety—courtesy of the Ice Ages, mostly, and the opening of the Channel but also, subsequent to that, the effect that man has on restricting the natural movement of plant species. We need, as the Forestry Commission is setting out to do, to improve our genomic diversity within species as well as the number of species that we have.

While I do not at all resent the activities of the Romans and others in bringing across chestnuts, for instance, or the buddleia in my garden—a cousin to many that are spread over the south downs—I do not think additional biodiversity hurts us. We are a very impoverished ecosystem and should be able to stand some introductions—but not, please, diseases. We have seen the devastation caused by ash dieback around here in Eastbourne. With a limited ecosystem, each disease is a big hit, and we do not want to risk more of that because it will take a very long time before we have a more diverse forest population.

However, I am not convinced by Amendment 258. As I said, I own a plantation on an ancient woodland site, and an SSSI designation would be a disaster. There is so much needed to do to make it better. The point of an SSSI is that you pick on a bit of landscape that is as you wish it to be, and the focus is then on keeping it as it is and making it difficult for people to change it. A plantation on an ancient woodland site means a lot of restoration to do, and you do not need the level of bureaucracy that goes with being an SSSI. I would be happy to have something to give it greater protection against invasion by planners but not something that stops the woodland owner from making it a better wood.

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Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con)
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My Lords, I have had commitments from the MHCLG that our protections for trees will be improved and enhanced, and will not move backwards, but I will continue to press home that case. I am seeing the Secretary of State in a matter of days to talk about this and a number of other issues, and I will raise the points that the noble Baroness raised in her speech today.

Earl of Kinnoull Portrait The Earl of Kinnoull (CB) [V]
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I am also sorry to delay matters. I thank the Minister for his response, but I am afraid he did not address my point about refuges and safe areas caused by governmental bodies not controlling the problems of squirrels and deer. They were listed in subsection (3) of my proposed new clause. To save time, I wonder whether he might add to his lengthy list of things a meeting to discuss that, because it is a very serious area. If we do not address that problem successfully, as I and many others pointed out, we will not be allowed to do the forestation we need.

Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con)
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I am very happy to meet and will be in touch.

Environment Bill

Earl of Kinnoull Excerpts
Report stage
Wednesday 8th September 2021

(3 years, 3 months ago)

Lords Chamber
Read Full debate Environment Act 2021 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 43-II Second marshalled list for Report - (6 Sep 2021)
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I fully support Amendments 11, 13 and 14. I simply ask: what is the point of having targets if there is no duty to meet them?

Earl of Kinnoull Portrait The Earl of Kinnoull (CB)
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My Lords, I want, very briefly, to support Amendment 11. The whole point of this Bill is that it is going to be ready for the COP 26 meeting. It is a model Bill. It is something that we hope that other countries will adopt as a method of dealing with very difficult problems.

It seems to me in business experience that if you have long long-term targets, interim targets are very helpful. Therefore, as a necessary logical consequence, one would want the model Act to have such interim targets as well—the exemplar we would want other countries to follow. As I am sure we will be managing the thing in a logical way and therefore managing it with interim targets and would want other people to do that as well, it is logical that we should have these targets.

Baroness Parminter Portrait Baroness Parminter (LD)
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My Lords, I thank the noble Baroness, Lady Brown of Cambridge, for her excellent opening remarks. As she rightly said, a number of us spoke at some length on this matter in Committee. We have had excellent expositions from her and supporting evidence from the noble Lord, Lord Deben, of the merits of this case and why we need these statutory targets. It is not just this House that is calling on them —business is calling on them. This is what it needs to make the changes in the future for our country and for the sustainability of companies. Given that time is tight, if the noble Baroness were to press this to a vote, she would have the support of these Benches.