Environment Bill

Lord Blencathra Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I declare my environmental interests as set out in the register. I begin by extending a warm welcome to the latest Defra Minister, my noble friend Lord Benyon. My noble friend Lord Gardiner was an excellent Minister and has been replaced by an equally excellent Minister. Indeed, Defra is an unusual department in that it has been given Ministers who have a long track record of being environmental champions—from my honourable friend Rebecca Pow MP to my noble friends Lord Goldsmith and Lord Benyon. This trend of having Ministers who know their stuff before joining a department might just catch on—I am sure the Whitehall machine will do all it can to put a stop to it.

First, I will comment in my capacity as chair of the Delegated Powers and Regulatory Reform Committee. The committee published its report this morning. Despite the large number of delegations—110 of them—and 17 Henry VIII clauses, 48 of the delegations are affirmative and only two Henry VIII delegations are negative, a point which might reassure my noble friend the Duke of Montrose. This 44% of delegations being affirmatives is probably a record for democratic accountability in any Bill, and if Defra can do it in this landmark legislation, there is no excuse for other government departments cutting out proper parliamentary scrutiny. My committee also praised the delegated powers memorandum, which is a textbook example of its kind. When the Delegated Powers and Regulatory Reform Committee slams into a department for producing a poor, flimsy memorandum, it should look at this Defra memorandum to see how it should be done. I also commend the department on gutting and rewriting the notorious Rivers Authorities and Land Drainage Bill 2019, which we severely criticised and stopped when it arrived in this House. The committee has only five criticisms of the Bill. Perhaps my noble friend the Minister will take them all on board and give the department a 100% record of compliance with our recommendations.

In a personal capacity, I can also praise Defra. I warmly welcome the Bill and support every aspect of it. It has taken some time to get here, but it keeps improving every month, with the splendid addition two weeks ago of a species recovery target for 2030. I am particularly enthused by Part 6, which creates nature recovery strategies and a duty to conserve nature. This is in line with all prime ministerial and ministerial speeches which use the word “nature”. The Bill also creates biodiversity registers and biodiversity net gain.

The word “biodiversity” is used more than 140 times in the Bill, but do ordinary people talk about getting closer to biodiversity? Of course not. All the latest studies show that people relate to nature and want to get closer to it. It is a common word that we understand, but biodiversity is perceived by ordinary people to be a more scientific, technical thing of interest only to boffins and specialists. Indeed, I have just looked at an online BBC News article which states that in a recent survey most people thought that “biodiversity” was something to do with washing powder. Experts in this House, government and wildlife NGOs may scoff at that, but getting this law right is about a lot more than using nice, correct legal language.

This Bill is a once-in-a-lifetime chance to engage with people who over the past 15 months have said they want to get out and about and relate more to nature. The Government and everyone talk about nature recovery strategies and nature-based solutions. Two weeks ago, the Secretary of State for Defra went to something called a “nature moment” and announced the nature for climate peatland grant scheme. Since “nature” is the word everyone understands, let us make sure that our legislation speaks in a language that ordinary people use. There is no excuse not to use “nature”. The Office of the Parliamentary Counsel’s official guide to drafting legislation states in paragraph 1.3.1:

“Write in modern, standard English using vocabulary which reflects ordinary general usage.”


Je repose ma valise—as we say in the pubs in general usage—I rest my case.

I have looked at every usage of “biodiversity” in the Bill, and I conclude that we can safely replace it with “nature” and not lose a single legal or scientific concept. Of course, I exempt international treaties and there may be one or two other exceptions. I invite all noble Lords to look for themselves and then support some exemplar amendments I shall put down—not 141 of them. I shall also table an interpretation clause similar to Clause 43 which will ensure that the word “nature” will not leave any legal gaps or create new legal obligations.

Biodiversity net gain—or nature net gain, as I hope it may be called—is a very important provision. It will bring huge improvements to nature wherever it applies. However, the 10% net gain requirement does not apply everywhere, since the Government have exempted nationally significant infrastructure projects, which we debated in the HS2 phase 2a Bill recently. I shall also table an amendment to apply 10% nature net gain to all these NSIPs. I believe the Government should set an example to private developers, not excuse themselves. No Government in history have sought to do more for the environment or nature than this one. The pace of announcements on nature and the breadth of what the Government are seeking to achieve with this Bill are breath-taking. I suggest that making nationally significant infrastructure projects comply with the 10% net gain requirement would add even more credibility, both nationally and internationally, to the Government’s reputation.

Finally, I welcome the peroration of the noble Lord, Lord Cameron of Dillington. I passionately support everything we can do in this Bill and elsewhere to increase our nature and to make sure that we do not just recover it, but enhance it significantly. However, while doing that, we must never forget that we need food produced in this country from our land. In fact, we need more food produced and less imported which may be from less environmentally sensitive systems.

Covid-19: Support for India

Lord Blencathra Excerpts

Tuesday 27th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I am sure the noble Lord will appreciate that I cannot give him the assurance of match funding, but I can share that the support we have provided thus far has been in the form of donations directly from Her Majesty’s Government. That was arranged by the FCDO.

[Lord Blencathra (Con)]

Now that the Government have run an incredibly successful UK vaccination campaign, does my noble friend agree that we can reach out and help other countries without harming a single UK subject or slowing down our own vaccination effort? Will he put India at the top of the list and give it all possible help, now and for as long as is necessary, since it is a member of our Commonwealth family and sheer Christian humanity compels us to help those who are in such desperate need?

[Lord Ahmad of Wimbledon (Con)]

My Lords, let me assure my noble friend in relation to all countries that require support, since he is right to point out that it is about not just getting the vaccines but having the ability to distribute them. A number of countries have received them through the COVAX Facility but, given the expiry dates, they must ensure equitable distribution. We are working with not just India but other countries. I assure him, as both the Minister of State for the Commonwealth and the Minister responsible for our relations with India, that those issues remain high up my priority list.

China: Convictions of Democracy Campaigners in Hong Kong

Lord Blencathra Excerpts

Tuesday 13th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I reassure the noble Baroness that BNO status is a generous scheme and extends to family members. As I said in answer to the noble Baroness, Lady Northover, if specific issues arise with individuals who do not qualify, wherever they may be in the world, the United Kingdom has always been generous in providing protection and I am sure will continue to be so.

[Lord Blencathra (Con)]

My Lords, does my noble friend recognise that the obliteration of democracy in Hong Kong and the persecution of the innocent is simply following the playbook of Germany in the 1930s? A one-party state is tolerating no dissent, treating Taiwan like the Sudetenland, threatening its neighbours, exterminating a religious minority and building a massive military machine preparing for war. Will my noble friend the Minister please tell China that we will form every alliance possible in the world to challenge it?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I say to my noble friend that Hong Kong’s prosperity and its way of life rely on the respect for fundamental freedoms, an independent judiciary and the rule of law. I further assure him that we will continue to bring together our international partners—a point made by the noble Lord, Lord Collins—to stand up for the people of Hong Kong, to call out the violation of their rights and to hold China to the obligations it freely assumed under international law. We will continue to work in that respect.

Zimbabwe: Human Rights Abuses

Lord Blencathra Excerpts

Tuesday 16th March 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we engage with the African Union on all reports of human rights abuses in instances where the African Union has leverage and political will. We are not convinced that that is the case in Zimbabwe. However, when the African Union has taken proactive steps to address concerns about the political and economic situation in Zimbabwe, the UK has been supportive. We support the special envoys appointed by Cyril Ramaphosa, but they have also struggled due to the lack of engagement from the Government of Zimbabwe. We will work with all partners where it makes most sense for the UK.

[Lord Blencathra (Con)]

My Lords, Zimbabwe and, indeed, the world should have been a better place now that the evil Mugabe is thankfully out of it, but does my noble friend agree that Mnangagwa seems to be no better? The murders, rapes and torture continue, with any government critics beaten to death or simply disappeared. South Africa, regrettably, seems to be heading the same way, first under Zuma and now under Ramaphosa. Knowing the Government’s limited powers, what can and will they actually do to save the starving and beaten people of Zimbabwe?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we have repeatedly made clear our disappointment at the lack of political and economic progress of the Zimbabwean Government. On 1 February, we announced sanctions to hold to account those individuals responsible for human rights violations. We support the Zimbabwean people through numerous aid programmes, focusing on poverty reduction, humanitarian assistance, standing up for human rights and supporting Zimbabwe’s recovery from the Covid pandemic. On South Africa, we strongly support President Ramaphosa’s efforts to tackle corruption and promote accountability, as well as efforts to address those crimes perpetrated under President Zuma.

Belarus: Presidential Elections

Lord Blencathra Excerpts

Friday 25th September 2020 Lords Chamber

[Baroness Sugg (Con)]

My Lords, we are clear that foreign intervention here would be unacceptable. The international community must come together and help support a dialogue between the authorities in Belarus and its people. Russia has a role in supporting that, and we urge Russia to engage constructively.

[Lord Blencathra (Con)]

My Lords, last November I was privileged to lead the Council of Europe mission to Belarus to observe the parliamentary elections there. We found, as every previous mission had found, that there were fundamental deficiencies in election law which prevented free and fair elections. This Wednesday, I was appointed rapporteur for electoral law reform in Belarus. Does my noble friend the Minister agree with me that while many people are understandably calling for new and fresh elections, these will still not be free and fair until we sort out the fundamental deficiencies and all the wrongs in election law in Belarus?

[Baroness Sugg (Con)]

I very much welcome my noble friend’s appointment as the Council of Europe’s rapporteur, and thank him for his previous work observing parliamentary elections. My noble friend and the Council of Europe are doing incredibly important work in this area, and the Government support their efforts. I share his view that electoral reform is crucial for ensuring that the Belarusian people can exercise their voice through genuinely free and fair elections. Not only will our work with the OSCE investigation of vote-rigging and human rights abuses provide moral support, but its findings will provide practical support in making progress on this important work.

Taiwan

Lord Blencathra Excerpts

Thursday 17th September 2020 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, we remain very strong in ensuring that, on the basis I have already outlined, we continue to strengthen our wide range of exchanges with Taiwan, including in relation to trade. Where the recognition of a state is not a prerequisite to any involvement or engagement in international bodies, we have stood up for the right of Taiwan to be part of those discussions—we are very much in favour of that.

[Lord Blencathra (Con)]

Will my noble friend the Minister condemn this further blatant act of aggression by the communist regime in China of threatening its neighbours and stealing islands in the South China Sea? Will he work with all other free, democratic nations to strengthen the military commitment to Taiwan and make it clear that Taiwan is an independent country and not part of the People’s Republic of China?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I have already outlined, we have repeatedly stood up on the basis of our relationship with Taiwan. On the actual challenges that Taiwan faces in the context of China, we consider that the Taiwan issue is one to be settled peacefully by the people on both sides of the Taiwan Strait. Again, I reiterate to my noble friend that we call out where there are issues of disagreement with China, and anything that seeks to destabilise the current status quo in the Taiwan Strait is a matter of concern for Her Majesty’s Government.

Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020

Lord Blencathra Excerpts

Monday 8th June 2020 Lords Chamber

[Lord Blencathra (Con) [V]]

My Lords, I, too, thank my noble friend the Minister for his detailed but concise and eloquent introduction to these regulations and congratulate him on his excellent promotion to this House, where he is advancing our green and biodiversity agenda, which is very important to all of us.

I am not opposed to this these regulations. However, I have a couple of queries. First, the post-implementation review states that the regulations

“were introduced to help the delivery of necessary, large or complex water or sewerage infrastructure projects within England. They were designed to help contain, minimise and isolate the risks associated with the delivery of these projects from customers, undertakers and UK taxpayers, while also providing value for money and keeping customer bills as low as possible.”

So far, so good, but only one project has been approved: the Thames tideway tunnel. My noble friend the Minister said that four others may be in the pipeline, but what is the timescale for them? If they happen, I strongly support my noble friend Lord Caithness, who urged that these reservoirs must do a great deal for nature.

The post-implementation review states:

“This legislation has facilitated one infrastructure project to date which is due for completion in 2023. As such evidence of outcomes remains limited.”


In the absence of real evidence, the Government asked stakeholders for their opinion. Is the that the right way to do it? Everyone agrees that this legislation should be changed, but should we be changing legislation based not on solid evidence but on the opinion of stakeholders?

My second point may be more controversial and I understand if my noble friend the Minister cannot or does not want to respond to it. Thames Water is now owned by a holding group called Kemble Water Holdings, consisting mainly of Macquarie bank and eight other private equity holders. They have done the usual private equity thing. They have loaded the business with £10 billion of debt so that they pay no UK corporation tax; have ripped off water payers by taking out £1.2 billion in dividends over the past few years; and have had to pay record fines for leakage. Okay, there is has a temporary freeze on dividend payouts at the moment, but that is no big deal considering the way they have plundered the business over the past 14 years. One justification in the PIR is that the Thames tideway tunnel has been able to borrow at very low interest rates, but any fool has been able to do that for the past few years. Despite the lower than expected costs, the users of Thames Water will still have to pay for this big sewerage pipeline. Does my noble friend the Minister think that that is fair considering the amount of profits Macquarie and others have taken out of the company?

My final point is this. If the first Bazalgette were starting out now, he would certainly separate sewage from rainwater run-off, but that is difficult to re-engineer entirely now, so the tideway tunnel is the solution. However, does my noble friend agree that all new buildings and car parks must not put rainwater into the sewerage system but use seepage systems instead? Does he agree that we need more permeable surfaces, underground soakaways, rain gardens, attenuation cells and all the other technologies that let rainwater soak into the soil rather than flood the sewerage system?