Draft Management of Hedgerows (England) Regulations 2024

Giles Watling Excerpts

Wednesday 8th May 2024 General Committees

[Rebecca Pow]

I thank my hon. Friend so much for that very fitting intervention. Of course, I would be delighted to remember and recognise Peter Ainsworth. That was such an important proposal, and it all builds up to the totality of legislation relating to our hedges.

Of course, we know that so many wild birds depend on our hedgerows, which provide food and habitat. Lots of our red-listed birds, such as the linnet, the yellowhammer and the goldfinch, use hedges as valuable habitats. They basically provide larders for feeding, with blackberries, sloes, and all the other fruits that the hedge provides. Hedgerows are brilliant for our pollinators as habitats, and provide food for them from the flowers within. They also provide wind breaks and shelter for protecting livestock, and protect soil by holding it in place.

With all that in mind, this is the perfect week to consider this statutory instrument in Committee, as it proposes to further protect hedgerows, demonstrating this Government’s continuing commitment to the environment. The instrument establishes, by legislation, a common approach to managing hedgerows on agricultural land in England—that is the critical bit. As I have mentioned, it builds on existing legal protections for some hedgerows, as well as existing regulations for nesting birds.

In proposing this legislation, we have listened to the views of many who cherish our hedgerows, including organisations, colleagues, and the all-important farmers. I would very much like to thank everybody who responded to the consultation we held last year on protecting hedgerows. It received more than 9,000 responses, which was wonderful; all have been considered carefully, and they have really helped to form this piece of legislation. I am pleased to say that there was a really strong consensus from environmental and farming stakeholders that hedgerows should be protected in domestic law in a similar way to the previous hedgerow management rules, provided under cross-compliance. That is what this statutory instrument does. Our aim is to provide a familiar baseline for hedgerow management, and we want to be sure that everyone knows what is expected. We will support this with some guidance and by sharing good practice. As a safeguard, we are also ensuring that there are clear, proportionate consequences for the small minority who might choose not to comply.

I grew up on a farm, and hedgerows were an absolutely integral part of our landscape. I come from the west country and, as Members know, hedgerows are important in that livestock region for their stock-proofing abilities.

These rules are a reasonable minimum, and most farmers have been practising this kind of management for many years. Farmers are the guardians of our hedgerows; they protect, plant and maintain them for future generations. I want to put on record my thanks to them for their continued efforts to help wildlife to thrive on their farms, alongside the all-important work they do in producing food. We need to trust them to continue to do the right thing. We had a Westminster Hall debate not very long ago on hedges; I mentioned my father then, and I will do so again. He was ahead of his time in hedgerow management. He devised a system of cutting the hedges every other year and only on one side, so that they and the trees could grow on the other side. All farmers are now encouraged to do that.

When I go back home to the farm, as I did at the weekend, I can see that legacy: the hedgerow trees have grown, and the thick, wonderful hedges are full of flowers and birds. It is absolutely the right thing to be doing, and I know that many farmers are already doing it—in fact, many are going further than these regulations require. We have seen a very strong uptake of options to manage and further improve hedges under our agri-environment schemes. Lots of colleagues have farmers in their constituencies who have done just that.

I am delighted to report that there are more than 20,000 agri-environment agreements in place or applications coming through, contributing to the management of 60,000 miles of hedgerow in England. We look forward to working in partnership with many more farmers to manage and improve even more hedgerows in the future.

[Giles Watling (Clacton) (Con)]

As the Minister is mentioning farmers and hedgerows, which are a vital part not just of the west country but of Essex, I want to say that I recently visited a very small company called The Big Green Internet company, which is creating hedgerows and helping farmers to develop them. We must not forget the smaller outfits that are trying to develop hedgerows across the countryside.

[Rebecca Pow]

I thank my hon. Friend for that. I should add that company to my list for a visit. There is valuable work to be done in linking up hedgerows to make corridors across the countryside, which are so important to the movement of wildlife. That is something that our agri-environment schemes are trying to encourage.

Let me turn to the actual content of the regulations. Their purpose is to protect hedgerows to support biodiversity, benefit the environment and enrich the landscape. They will ensure that all farmers are treated fairly by upholding common rules for managing hedges and providing clarity on what to expect. They govern the management of important hedgerows on agricultural land. Broadly, that means hedgerows that have a continuous length of at least 20 metres; if shorter, they must meet another hedge at either end. The regulations do not apply to hedgerows within or forming the boundary of a dwelling house. Because the regulations apply to all important hedgerows growing on agricultural land, they will bring into scope some people who are not subject to cross-compliance, such as those who chose not to claim any direct payment previously or those who have farms under 5 hectares.

The regulations have two main requirements. First, a 2 metre buffer strip must be established and maintained to protect the hedgerow and its root system from the effects of cultivation or the application of fertilisers or pesticides. Subject to certain exceptions, those activities will not be allowed within the buffer strip. Secondly, cutting or trimming hedges will be banned between 1 March and 31 August, inclusive. That is to protect hedge-nesting birds and their habitats during the breeding season. There are some exceptions to that rule to give farmers and others flexibility where needed.

The requirement for a buffer strip will not apply to fields that are 2 hectares or smaller. We recognise that people who do not already have buffer strips in place may need time to establish them. We therefore propose that in cases where a field has no buffer strip and is in crop production on 1 July 2024, the requirements will not come into force until they have harvested the crop. That will give them time to get the crop out and then start work on the buffer strip.

The regulations will be enforced on behalf of the Secretary of State by the Rural Payments Agency. Although the rules themselves will be familiar to many farmers, there will be a different approach to enforcement, with an emphasis on being fair and proportionate. People may recall that under the common agricultural policy, the cross-compliance rules for farmers were somewhat draconian, so we have listened to what they said and we are taking a different enforcement approach. The RPA will take a primarily advice-led approach, which has definitely been shown to be the best for bringing farmers into compliance in other regulatory areas. However, the RPA will also be able to use a range of civil sanctions and criminal proceedings for the worst-case scenarios. Such action will be proportionate to the damage caused.

Subject to parliamentary approval, detailed information about how the regulations will operate will be provided once the statutory instrument has been made. The RPA will also hold a public consultation on its proposed enforcement policy. I know that it is committed to a modern, pragmatic, proportionate approach, with advice and guidance at the forefront.

Although the regulations govern the management of hedgerows on agricultural land, we recognise their value in other locations. Particularly in National Hedgerow Week, there can be no doubting their importance in other places such as our gardens and parks. Separately, I have therefore asked my officials to work with stakeholders to consider how to support the sustainable management and protection of hedgerows more widely in the future. In conclusion, the statutory instrument will afford fuller protection to one of our countryside’s best loved assets, the hedgerow, which will be widely welcomed.