Environment Bill

Jim Shannon Excerpts

Report stage & 3rd reading
Wednesday 26th May 2021 Commons Chamber

[Rebecca Pow]

I am going to continue.

The Bill also contains a coherent package of new duties, tools and support to drive improvement for nature: a 10% biodiversity net gain requirement on new development; a strengthened duty on all public authorities to conserve and enhance biodiversity—they will be able to do a lot of the tree planting mentioned by the hon. Member for Harrow West (Gareth Thomas); local nature recovery strategies, which will form the building blocks for a much wider national nature recovery network; species conservation strategies and protected sites strategies to improve conservation outcomes for habitats and species; targeted measures to protect existing trees and plant new ones—back to trees again; and due diligence requirements to prohibit larger UK companies from including forest risk commodities in their supply chains.

[Jim Shannon (Strangford) (DUP)]

Will the Minister give way?

[Rebecca Pow]

I always give way to the hon. Gentleman.

[Jim Shannon]

The Minister is always very kind, which I appreciate very much. Amendment 41 would give enforcement powers to councils and local bodies with responsibility for planning to ensure that no illegal tree felling is allowed. Do the Government intend to support that amendment? I believe that the Minister and I both love trees and want to see plenty of them. Will that happen?

[Rebecca Pow]

If the hon. Gentleman stays in the Chamber, he will hear what I say about trees—

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[Mrs Maria Miller (Basingstoke) (Con)]

I rise to speak to amendment 41. It is a probing amendment, which aims to strengthen this important Bill further by including a provision to enable local planning authorities to take unlawful tree felling and a lack of compliance with restocking orders into account when considering planning applications. I thank my former researcher, Annabel Jones, for her work in making the case for change that I am presenting today.

I very much welcome the work that my hon. Friend the Minister has done to make sure that the Bill is the groundbreaking measure that is before us today. I also give my wholehearted support to new clauses 26 and 27, which my hon. Friend the Member for Isle of Wight (Bob Seely) tabled. He spoke eloquently about the need for that change.

I want to focus my remarks on the provisions about tree protection. The Government should be applauded for the trees action plan and the measures in the Bill, which have significantly strengthened protection for one of our vital pieces of green infrastructure. I particularly welcome schedule 15, which directly addresses some of the problems that my residents experienced when a group of landowners illegally felled more than 600 trees, causing environmental devastation in what was an environmental buffer zone. With the Government’s support, the Forestry Commission used its enforcement powers to issue restocking orders, but the landowners did not comply with much of that. Under the Government’s new proposals, enforcement would be much tougher and that is welcome. However, I look forward to the Minister’s response to my amendment to see if we could strengthen it further.

The problem is not unique to Basingstoke. The illegal felling of trees is on the increase and a common motive is taking advantage of the housing development value of the land. In recent years, there have been countless flagrant breaches of felling regulations. My hon. Friend the Member for Isle of Wight mentioned a case in his constituency, but there are other cases—in the New Forest, Swansea, Horley and Langley—where trees have been unlawfully felled and in some cases not replanted, even after enforcement action from the courts.

Landowners flout the law because they think can get away with it. Schedule 15 roundly deals with cynical actions by landowners by allowing the courts to reissue planning notices, but amendment 41 is designed to create even more of a disincentive for landowners to flout the law by amending the Town and Country Planning Act to allow local planning authorities to take into account unlawful tree felling and a lack of compliance when considering planning applications. I hope that the Minister can consider that today because I and many of my constituents feel that it is inherently wrong for landowners to profit financially from their unlawful deforestation of land. I hope that this probing amendment will capture her attention and I am keen to hear her response.

[Jim Shannon]

It is a pleasure to follow the right hon. Member for Basingstoke (Mrs Miller) and I endorse her comments about amendment 41 and tree felling. I totally support what she hopes to achieve with her probing amendment. In an intervention on the Minister, I asked a similar question and the Minister kindly gave a commitment, so perhaps the right hon. Lady and others will be encouraged by the Minister’s response.

The hon. Member for Belfast South (Claire Hanna) talked about the importance of trees, not only here but across the world and mentioned amendments 26, 27, 36 and 37, which refer to deforestation around the world, and the importance of playing our part in tackling it. I also endorse that.

I want to speak about parts 6 and 7 of the Bill on tree planting. They tackle a particular issue of many trees being felled and the land built over without proper licensing or adhering to permissions. Amendment 41 provides for local planning authorities to take unlawful tree felling and landowners’ lack of compliance with restocking and enforcement orders into account when considering planning applications. The right hon. Member for Basingstoke referred to the removal of 600 trees, some of them important trees. I would like to know and have on record whether the Minister believes that the Bill addresses that issue robustly.

Trees are our lungs, so it is imperative that, any time a tree is felled, it is thought out and the consequences considered, and that steps are taken to replant the trees that have been chopped down. On the family farm we have been able to plant some 3,500 saplings, which is a commitment we have given, and they have grown into trees. It is a beautiful spot on the farm but, importantly, it has also helped our environment by reducing CO₂ and creating wonderful habitats for local wildlife.

I believe that more can be done to encourage landowners to plant trees. The Minister in the Department of Agriculture, Environment and Rural Affairs has committed himself and his Department to plant 1 million trees on Northern Ireland Water land.

I commend the recent publication of the “England Trees Action Plan”, which contains some important initiatives. It is believed that the Government could do more tree-themed activity on a statutory footing, to fill in the gaps left by the ETAP on protection, restoration and regeneration.

I fully support the comments made by the hon. Member for North Herefordshire (Bill Wiggin) about the value and importance to the rural countryside of game shooting and the jobs and tourism it creates.

I understand the rationale behind the strategy for conservation, but it does not include help for tree planting. I believe the Minister is committed to tree planting, but perhaps she will comment on that in the wind up.

I endorse the shadow Minister’s comments on the importance of bees to creating the correct balance of habitats in the countryside, and the importance of ensuring the Minister takes that on board. I also endorse and commend the Government, and the Minister in particular, for their commitment to the preservation of hedgehogs. I read in a magazine the other day that badgers are one of the greatest predators of hedgehogs, so perhaps we can protect the hedgehogs by controlling the badgers.

[Theresa Villiers]

As I have said before in this Chamber, there can be few things more important for any Member of Parliament than being able to say, “We played our part in protecting our natural environment for future generations.” This Bill contains one of the most ambitious programmes to conserve and enhance nature ever undertaken in this country. That includes, as we have heard today: setting a demanding 2030 target for species conservation and biodiversity; delivering a nature recovery network and local strategies for nature; creating a whole new income stream for conservation through biodiversity net gain; committing land to nature for the long term using conservation covenants; and cracking down on the use of commodities produced via illegal deforestation.

The Bill is just one element of an even wider conservation package being taken forward by this Conservative Government, including replacing the common agricultural policy with environmental land management schemes, a massive uplift in tree planting and an action plan to protect our peatlands. Peatland areas are an iconic part of our landscape in these islands, and they are our largest terrestrial carbon store, they are a haven for rare wildlife and they provide a crucial record of our past. I warmly welcome the Government’s promise that they will take action to reverse the loss of peatland habitats and restore more of these landscapes to their natural state. I very much hope that will include delivery of the great north bog project.

New clause 16 would require planning permission to be refused if it would have a detrimental impact on nature conservation. I am afraid that much of the good work done under this Bill could be undone if radical changes to the planning system mean that we concrete over our green and pleasant land. Implementing the “Planning for the Future” White Paper would mean a massive centralisation of power through setting development management policies nationally rather than locally. Compliance with design codes could become sufficient to override long-standing principles restricting density, massing and bulk, and local democratic input would be removed altogether in zones designated for growth.

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[Madam Deputy Speaker (Dame Rosie Winterton)]

Nos. 17, 19, 20 and 21 on the list have withdrawn, so we go straight to the final speaker from the Back Benches: Jim Shannon.

[Jim Shannon]

Thank you, Madam Deputy Speaker. It is not often that four speakers ahead of me drop out; does that mean that I have 20 minutes to speak? I know the answer to that—you don’t have to tell me.

I am really pleased to speak on a matter of such importance. We have to get this right from the outset. I welcome the commitment of the Minister and the Government to the Bill. I was extremely pleased to see enhanced measures in the Queen’s Speech, as anything that we can do to enhance the impact of the Bill is welcome.

We have a responsibility to the generations that follow to be the gatekeepers—to instil in them a passion for our environment and a duty to be the best we can, even if it means that life is a little bit tougher. Whether our rubbish sorting takes longer, whether we spend longer at the recycling centre or whether we must leave goods to a local charity shop, we must all play our role. I remember very well when my council went into recycling and many people objected to it—probably just for the sake of objecting—but today every one of us energetically and physically recycles all the products in our house: everything that should be, in the blue bin; glass in the glass bin; the grey bin for the ordinary stuff that we had before; and the brown bin for the stuff that goes elsewhere.

I want to ask two questions. The Government’s role is to provide a Bill that enforces statutory obligations and bodies, and I support them in that aim. I was contacted by the Law Society, which has raised some concerns in reference to clause 22 that I wish to outline. It says that the appointments process for the chair and non-executive members should be strengthened so that the Secretary of State does not have sole authority over appointments. The Law Society welcomes the proposed OEP, which must play a central role in ensuring that institutions and organisations, including Government Departments, meet their environmental responsibilities. In order for the OEP to be effective in fulfilling this role, it is essential that it is fully independent from the Government.

The Government have stated that they intend the OEP to be an independent authority that is capable of holding the Government to account. If that is the case, it is exactly what the Law Society wishes to see; however, the Law Society is concerned that certain provisions for the OEP in the Bill could impinge on its independence and potentially undermine its ability to carry out its functions effectively. Will the Minister say whether issue has been addressed to the Law Society’s satisfaction?

Next I wish to speak about an issue that has not come up yet—well, it has come up in respect of the introduction, but my suggestion has not. I do not expect the Minister to endorse my request right away. It is an unusual request but one in respect of which my local council back home has brought in a pilot scheme, and I feel it is important. The carrier bag scheme run by the Government here and all the regional Governments was exceptional and it has done great stuff. It brought in a revenue fund that could then be used for different projects across the whole area.

I have a genuine request to make, on behalf of constituents who have spoken to me, for a scheme for the use of single-use nappies. I bring this request forward because of the figures, which show that around 3 billion single-use nappies are thrown away annually in the UK, costing local authorities some £60 million per year. I have three grandchildren under the age of two, so perhaps my two daughters-in-law are in that category. As we know, the vast amounts of raw materials used for production and disposal means that the life-cycle of a nappy can generate as much CO₂ as 15,000 plastic bags and around half a tree in fluff pulp per child.

I bring this request forward because reusable nappies use 98% fewer raw materials and generate 99% less waste. They deliver savings of more than £1,000 for parents. My local council back home, Ards and North Down Borough Council, brought in a pilot scheme. Is it possible that by providing starter packs to parents, we may be able to encourage those who are able to do so to take up this way of helping the environment? We could use this legislation to encourage the Government, the regional Governments and others to provide the funding packages to encourage the use of reusable nappies for those who want to do it but do not know how and when to start that journey. It might not be something that the Minister can do today, but perhaps she can give us some encouragement that it might happen.

[Rebecca Pow]

I again thank all Members who tabled amendments and who contributed to this afternoon’s debate, demonstrating yet again the strength of feeling and the desire to improve and enhance the environment through this landmark Environment Bill. I can only say that I was slightly disappointed that the shadow Minister, the hon. Member for Newport West (Ruth Jones), did not quite seem to grasp the Bill’s intricacies, which together will provide such a framework to protect the environment, but I know, because she was a great Committee member, that in her heart of hearts she really does support the Bill.

I thank my hon. Friend the Member for South West Bedfordshire (Andrew Selous), who raised many issues that which will be tackled in the Bill, not least through the electronic tracking of waste. I hope that my hon. Friend the Member for Southend West (Sir David Amess) welcomes the nature target that we have just announced and the measures on biodiversity net gain, all of which will help to achieve the things he is so proud of and pushing for. I thank the hon. Member for Leicester East (Claudia Webbe) for her comments. I assure the hon. Member for Strangford (Jim Shannon) that we are indeed exploring reusable nappies. I certainly used them for one of my children and we are looking at their use, so I thank the hon. Gentleman for his suggestion.

Let me turn to new clause 12, on shale gas extraction. The Government set out their position in full via a written statement to the House on 4 December 2019. The Government will take a presumption against issuing any further hydraulic fracturing consent. That sends a clear message to the sector and to local communities that, on current evidence, fracking will not be taken forward in England. The moratorium will be maintained unless compelling new evidence is provided that addresses the concerns about the prediction and management of induced seismicity. Such evidence has yet to be presented and the moratorium remains. I thank my hon. Friend the Member for North East Derbyshire (Lee Rowley) who, with all his knowledge, spoke with such authority on the subject. I could not have put the case better myself. He stressed what a game the Opposition were playing in tabling the new clause.

On new clause 19, tabled by my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), and new clause 28, tabled by my hon. Friend the Member for West Dorset (Chris Loder), although we are sympathetic to the principles of the sustainability of labelling, existing voluntary schemes already provide consistent and recognised tools that consumers can use to reduce their environmental impact when purchasing food.

However, I would like to give assurances that we are working with industry and the Competition and Markets Authority on plans to produce guidance to businesses on how best to improve their transparency in relation to claims about environmental impact. We will also investigate opportunities to review other aspects of food labelling when we have the outcomes of Henry Dimbleby’s independent review of the food system in the early summer and then the food strategy White Paper from the Government within six months.