Environment Bill

Lord Chidgey Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Lord Chidgey (LD)]

My Lords, the Minister made the point about the magnitude and gravity of the Bill and, in my view, that applies nowhere more specifically than to Part 5, dealing with water. It has become critical that the Environment Agency be given the funds and the freedom to protect our rivers—it needs to be shorn of government directions to put the economy before the environment, and it needs the funding to enforce existing legislation without fear or favour.

In its petition to Parliament to

“Give the Environment Agency the funds and freedom to protect English rivers”,


Salmon & Trout Conservation says:

“The Government must reverse years of cuts to Agency budgets, increase charges for polluters, and give the Agency freedom from overly business-friendly Government codes and guidance, so it can pursue and achieve its principal statutory objective to protect and enhance English rivers.”


I urge all noble Lords to sign that petition.

The big beasts in this tangled forest of contradiction, indecision and confusion are the privatised water companies long ago sold off to corporate investors who loaded their assets with huge debt, used to distribute as dividends to the shareholders, with not much more than a backward glance at the reinvestment in infrastructure of the industry.

Time moves on, and last week’s financial pages were full of rumours of another series of takeovers by the Pennon Group, owners of South West Water among other utilities. The comments of the noble Baroness, Lady Boycott, are valid here in regard to the rivers of southern England and, in particular, the chalk streams in Hampshire. Just days before this debate, a glossy leaflet dropped through my letterbox, supported by Southern Water, urging residents on the edge waters of the Test and the Itchen to save water to prevent overabstraction and save our chalk stream wildlife—undoubtedly a very worthy ambition, but with no mention of increasing efforts to reduce leakage in the water supply system or of replacing worn-out pipes and preventing water-main bursts. Yet as the noble Earl, Lord Shrewsbury, pointed out, national statistics show that water companies apparently lose something like 3,000 million litres of water through leakages every day, and suffer 47,000 pipe bursts every year. Southern Water alone apparently suffers a break in each and every mile of its pipe network each and every year.

The outcome of inadequate legislation, poor enforcement and minimal investment has been a relentless decline in the health of our chalk streams and rivers and their wildlife for decades. I have lived beside the headwaters of the River Itchen for over half a century and I can bear witness to this remorseless decline. Scientific evidence from the river bed in the form of kick samples of Gammarus, the shrimp-like invertebrate at the bottom of the food chain, shows their concentration to be between 200 and as low as 70 per sample by the Itchen Valley villages. A good but not unremarkable total would have been more than 4,000 per sample.

About 700 years ago, Bishop de Lucy had a weir constructed to carry the road to Basingstoke out of Alresford over the Alre and the Itchen headwaters. Behind the weir, the Alresford Pond grew to teem with fish and eels to the benefit of town and church. Today, the pond is an SSSI, but over the last 30 years the Environment Agency has allowed it to become polluted by uncontrolled industrial agricultural processing, oversilted and virtually dead.

The following actions should be taken. None of them is a new proposal and most have been urged on the Environment Agency, Ministers, Ofwat and others for decades. They are not comprehensive; they are just those needed urgently. To ensure the sustainable abstraction stressed by the Minister it should become unlawful to abstract water from the aquifer or the watercourse and return it in a poorer state than when it was abstracted—a clear and simply understood and publicly supported measure. Any business abstracting or discharging through septic tanks or otherwise should have to meet the cost of monitoring the water quality above their abstraction point and below the discharge point, strictly at no cost to the public purse.

The Environment Agency should be enabled to direct water companies to install mains drainage generally and particularly in headwater villages, where septic tank systems have been the norm. The ridiculous impasse between the Environment Agency and water companies caused by avoidance of responsibility to regulate new mains drainage must be removed. The current situation leads to villages such as Cheriton, of 1,000 inhabitants and a key headwater to the Itchen, relying solely on septic tanks yet being no more than a stone’s throw away from the Alresford sewage works, in operation since 1944. This situation applies to literally thousands of rural homes where there is as yet no mains drainage.

Manufacturers of domestic chemical cleaners, whether of chlorine or similar base, should be obliged to add conspicuous warning labels to their products against their use in houses with septic tanks because of the danger to the aquifer. All septic tank owners should be advised not to use and discharge harmful chemicals that would damage the aquifer. My final point, for the moment at least, is that water companies should be required to install phosphate strippers at sewage works handling discharges from far fewer than the current yardstick of 10,000 inhabitants. Many already do and, as a start, the figure for compulsory and immediate stripping could be reduced to 5,000 inhabitants.

Finally, I place on record my thanks to the many local residents, riparian owners, action groups and other NGOs that have briefed me with their concerns as the Bill comes through the House of Lords.

Environment Bill

Lord Chidgey Excerpts

Committee stage
Wednesday 23rd June 2021 Lords Chamber

Moved by

[Lord Chidgey]

23: After subsection (1) insert—
“(1A) In the range of species which contribute to the target, at least one must be a species that is significant to chalk streams and its abundance an indicator of the health of its ecosystem.”Member’s explanatory statement
This amendment aims to ensures that at least one of the species which contributes to the target should act as a proxy for being able to assess the health and abundance of species within chalk streams, which in turn will act as a clear indicator of the overall health of chalk streams.

[Lord Chidgey (LD)]

My Lords, allow me first to declare my interests—first, as vice-chair of the All-Party Chalk Streams Group, and as a past chairman of the town council of Alresford, in Hampshire, and a Winchester city councillor at the same time. Alresford lies in the headwaters of the River Itchen, astride the Alre, and it has been around a while—since Bishop de Lucy constructed a causeway taking the road out of Alresford to Basingstoke. Behind it, he constructed a massive freshwater lake, which in the day was teeming with fish of all descriptions. Winchester, of course, lies further down the Itchen, and is a major city of our nation.

Sadly, the eminence of the water pursuits and the value of the river have declined very seriously over the years. This is the primary reason why Amendment 23 in my name, together with Amendments 22, 24, 25 and 26, covers different aspects of the importance of species abundance in our rivers and streams. In this regard, the inclusion of a target-setting framework is a welcome part of the Bill. Putting targets into law brings certainty and clarity, to the benefit of all.

Depletion of species is not a new problem. It is a problem for Governments around the world, which, generally speaking, they have failed to reverse. The UK, however, has failed more than most. We are at the bottom of the league for G7 nations, based on the biodiversity intactness index. The latest State of Nature report showed that around one in seven species is threatened with extinction and more than 40% of species have declined since 1970, according to Greener UK.

Government Amendment 22 is thought to place a very weak duty in the Bill; it does not provide a legally binding commitment to halt the decline in species abundance, which the cross-party Amendment 24 addresses.

My Amendment 23, however, recognises the very great importance of species abundance in our chalk streams and chalk rivers in the south and south-east of England, which are a vital source of clean water, serving the needs of many millions of people across the region. It aims to ensure that at least one of the species which contribute to the species abundance target should act as a proxy for being able to assess the health and abundance of species in chalk streams, which in turn will act as a clear indicator of the overall health of chalk streams.

It is understood that the target proposed in the new clause will be constructed from a range of indicator species, which, taken together, can give an assessment of the level of increase in abundance. It is felt that at least one of these species should act as a proxy for being able to assess the health and abundance of species in chalk streams, which in turn will act as a clear indicator of the overall health of chalk streams.

To achieve the necessary improvements in abundance, action will be required to tackle issues around flow and abstraction, water quality and the need for habitat restoration. In the context of this amendment, it may be helpful to mention some of the indicator species the Government may wish to consider, all of which are good proxies for the overall health of chalk streams. These include the distribution and abundance of: blue-winged olive flies, brook water crowfoot and, naturally, brown trout. In addition, the distribution and abundance of gammarus, a shrimp-like invertebrate measured by riverbed kick samples in chalk streams, are a clear indicator of the overall health of a river.

I look forward to the Minister’s response to what seems to me a fairly simple request. I beg to move.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I will speak to Amendment 24 in my name, and I am extremely grateful to the noble Lord, Lord Krebs, and the noble Baronesses, Lady Parminter and Lady Jones of Whitchurch, for joining me in supporting it. I apologise to noble Lords for a lengthier contribution than I normally aspire to, but for me and many thousands of others this is a crucial issue.

Like others, I have been pressing for a state of nature target to be inserted into this Bill for some time. Indeed, a current petition has well over 200,000 signatures. I was therefore delighted to hear my honourable friend George Eustice’s recent speech at Delamere Forest, when he said:

“Nature is going to be key pillar of our work as host of the UN Climate Change Conference COP26. We were the first major economy in the world to set a net zero emissions target in law. To meet that target we must protect and restore nature, with nature-based solutions forming a key part of our approach to tackling climate change.”


He went on to say something we all know:

“The UK is sadly one of the most nature depleted countries in the world.”


He said:

“We want not only to stem the tide of this loss, but to turn it around and leave the environment in a better state than we found it. I want us to put a renewed emphasis on nature’s recovery. And, that is why today we will be amending the Environment Bill to require an additional legally binding target for species abundance for 2030, aiming to halt the decline of nature. This is a huge step forward, and a world leading measure in the year of COP15 and COP26. We hope that this will be the Net Zero equivalent for nature, spurring action of the scale required to address the biodiversity crisis.”


My noble friend the Minister has just echoed those words.

After that speech there were many virtual cheers, not only from conservation and environmental NGOs but from those thousands of our fellow citizens who care deeply about this issue, myself very much included. Indeed, I am sure that many Conservative MPs were equally delighted to be able to report back to their concerned constituents that this Government, my Government, were taking the steps required to start the decline of our nature.

At the recent G7 summit, part of the communiqué stated:

“We therefore confirm our strong determination to halt and reverse biodiversity loss by 2030, building on the G7 Metz Charter on Biodiversity and the Leaders’ Pledge for Nature as appropriate.”


However, I have to say, very regretfully, that when these much-heralded government amendments were laid they were disappointing—really disappointing. I take no pleasure in saying that so much expectation was dashed to the ground so quickly. I suspect that my noble friend the Minister shares some of that disappointment —I will not press him on that—and that somewhere, the original aspiration and maybe even an earlier draft of these government amendments were squashed. I cannot think where. It cannot be the Treasury, as it commissioned that excellent piece of work, the Dasgupta review, which laid out clearly the economic case for restoring nature. It is all a bit of a mystery to me. Perhaps my cynicism is misplaced and my noble friend will be able to assure me that our simple amendment now has the green light. That would save us all a lot of time.

Why is this state of nature target needed? As I said, the Government have accepted the need to halt the decline of nature. I have already said that this has been managed in the G7 nature compact, the Leaders’ Pledge for Nature and the Dasgupta review. The Government have stated their intention to

“halt and reverse biodiversity loss by 2030.”

Previous global agreements to halt nature’s decline failed because global goals have not been matched by domestic implementation. The UN Global Biodiversity Outlook 5 showed that the world had failed to meet any of its targets to halt biodiversity loss set under the Convention on Biological Diversity. The Environment Bill is of course largely framework legislation, without a definite environmental objective. Adding a meaningful state of nature target would help upgrade the Bill to landmark legislation, setting a clear direction for environmental improvement.

The Government’s proposal for a species abundance target just does not lock in a level of ambition to halt species decline by 2030. Instead, it merely requires the target to “further” the objective of halting nature’s decline. This means that there would be no fixed date at all for achieving the ultimate objective of stopping biodiversity loss. Under the Government’s proposed approach, the level of ambition for the species abundance target would be set by statutory instrument, along with other targets, in October 2022 at the earliest. Setting half a target of this kind undermines the very purpose of a statutory target. It does not provide a fixed point of accountability, give certainty to investors or create a clear requirement for all government departments to achieve a clear goal.

The Government may argue that it would be appropriate to wait to set the target following consultation. However, I believe that there are three problems with this approach. There is no guarantee of ambition: the final target could fall far short of an objective to halt species decline by 2030 and there would be no statutory obligation to set that target for a later date. This would also show a regrettable failure of leadership. Part of the reason for setting a state of nature target is to inspire action in other countries, but the Government’s approach would mean the target being set after the COP 15 Convention on Biological Diversity talks.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

Of course, there are interventions which are taking us in the wrong direction and could be stopped. That is my point about subsidies. It is a classic example: we spend billions of pounds incentivising destruction, and we could spend the same amount of money incentivising renewal. That is what we are trying to do internationally. In principle, I agree with the noble Baroness: dealing with damaging interventions should absolutely be part of this.

On her first point about bending the curve, it is difficult —although that was not the point I was making. My point is that the curve needs to be bent, and it will not happen today or tomorrow. There will be a point between now and the next eight years or so when, I hope, we will have bent the curve. Until we have done that, there will be more continued decline. That is the nature of the journey we are on; it is an unfortunate and tragic thing. But we are trying to bend that curve. That means accepting and acknowledging that, in the meantime, the curve continues to go down until it has been bent. We just need to bend it as quickly as possible.

[Lord Chidgey (LD)]

I thank all noble Lords who contributed to the debate on Amendment 23. First, I reassure the noble Baroness, Lady McIntosh, that whether she sees me or not in the House, much of my parliamentary work takes place with developing democracies, mainly in Africa. That is a long shout from here and tends to be out of the gaze of Westminster.

I thank the Minister for his comments. I am a little unsure and uncertain about how committed the Government are to recognising the importance of indicator species in chalk streams. Some people say that England’s chalk streams are the equivalent of the Okavango Delta—if you know what that is, you will know how important it is. Nevertheless, we will no doubt return to this on Report, so for now I would like to withdraw my amendment.

Amendment 23 withdrawn.

Environment Bill

Lord Chidgey Excerpts

Committee stage
Wednesday 30th June 2021 Lords Chamber

[Lord Bradshaw (LD) [V]]

My Lords, there can be few more unpleasant jobs than clearing fatballs and wet wipes out of congested sewers. It is done underground, often in sweltering conditions. It is a terribly hard job, and in many ways it should be quite unnecessary.

In my amendment—which the Minister and the noble Baronesses, Lady Jones and Lady Bennett of Manor Castle, might agree could be a point at which the Minister will actually say, “I agree and I will do something”—I have simply written that people who sell wet wipes and other non-flushable items should, as was done with tobacco advertising in the early stages, be obliged to print on their packaging the words “Do not flush”. This is not a revolutionary amendment. It is one that I know the water companies would greatly welcome. I am a great critic of the water companies in many respects, but it would help them in their task.

It does not seem to me that the amendment would move any great laws. It would just mean that the Government has to tell people who sell non-flushable items such as baby wipes that on each package there should be the words “Do not flush”. I myself have looked at several packages. On some you can find the words printed very small while on others you cannot find them at all. I think the Minister might welcome this opportunity to get up and say, “Yes, that’s a good idea. I will take it away and look at it.”

[Lord Chidgey (LD)]

My Lords, I am delighted to follow my noble friend Lord Bradshaw. We have a history of working together that goes back many years. I think the last time was to do with Railtrack, which is a million miles away from Amendment 120A, which I shall speak to today, concerning septic tanks and their management.

I have some experience of this, going back a while to when I was a much younger married man with a small family who had moved into a rather old but pleasant Edwardian house on the edge of the country. When there is a sewer in the main road outside, naturally one assumes that one’s house is connected to it, but I discovered one morning, when an unexpected hole appeared in the back lawn, that there was no mains drainage at all, but a septic tank. As I say, I was a young man with a family and not a lot of money, and I had to get a second mortgage in order to pay for the drainage works to connect up to the sewer in the road and explain to my friends and neighbours that it was I who had caused traffic lights to be put up to cope with the construction works.

That is not to say that I have a particular bias against septic tanks—an issue that we will return to later in the Bill—but this amendment is to do with something very similar to my noble friend Lord Bradshaw’s point, which is that caustic household cleansers, when used too liberally, or even at all, you might argue, to cope with the cleansing of waste into septic tanks in domestic homes, can cause damage. What can happen so easily is that chlorine-based or similar bleach-based domestic cleaners prevent the tanks from functioning at all, and the result can be that you end up with little better than open defecation. So the purpose of the amendment is to try to reduce, and in due course eliminate, the discharge of untreated or poorly treated sewage into our rivers, watercourses and aquifers.

This occurs mainly in rural communities that remain—as I found out to my cost—unconnected to mains sewers, and are reliant on septic tanks and cesspits. Those are often inefficient and poorly maintained. Not only can septic tanks poison our rivers, streams and other watercourses as a result, but in areas with chalk aquifers they can poison the groundwater as well, often causing irreversible long-term harm.

Elsewhere in our European continent, several countries have not only banned this form of drainage but replaced it with more sensible and rational mains drainage systems. I would like to think that we would be trying to catch up with them. I therefore support the amendment.

[Baroness Scott of Needham Market (LD) [V]]

My Lords, this is an important group of amendments, ably introduced by the noble Baroness, Lady Jones of Whitchurch. I completely share her frustration, and agree with pretty much every word that she said. All the amendments in the group are concerned with the application of extended producer responsibility for single-use plastics, particularly those that are highly polluting in our sewers, such as wet wipes and—as we will hear later from the noble Baroness, Lady Bennett—nappy liners. I support all the amendments in the group.

There cannot be a better example of “out of sight, out of mind” than sewers. People simply flush all sorts of things away and give no thought as to the consequences. The water industry tells us that wet wipes make up 90% of the material in fatbergs, and because they do not break down, they cause 300,000 blockages every year, at a cost of around £100 million. That is money that the water industry could spend in far more productive ways—dealing with leaks, for example, or investing in water-saving schemes. Fatbergs also cause flooding in people’s homes, and pollute our rivers. As well as wet wipes, other products are routinely flushed, despite not being suitable, including nappy liners, sanitary products and condoms, which also lead to clean-up costs and add to both micro and macro-pollution.

There is an urgent need to develop a strategy and a legislative framework for dealing with this, and we must start immediately, with more public education and awareness campaigns. This can start the business of behavioural change and, crucially, it will start to help people understand why the more drastic measures that are needed will have to be taken. It is amazing that volunteers give up their time to clean beaches and rivers—and when they do that, it helps to raise awareness, as well as removing the pollution. But volunteers are no substitute for the serious measures that are needed.

There are many consumers who want to do the right thing, but the problem is that they do not always know what the right thing is. I agree with my noble friend Lord Bradshaw that we need clear labelling on product packaging to help improve the level of appropriate disposal of those products. At the point of sale, including online, packaging and advertising should identify products that contain plastic and do not comply with the water industry’s standard for flushability, Fine to Flush. Clear instructions are needed—“Do not flush”—with appropriate advice on waste disposal options.

Finally, clean-ups of blockages should be funded through graded financial penalties commensurate with the damage caused by the product. Products containing plastic should incur the highest penalty, followed by products that do not, but which also fail to meet the Fine to Flush standard.

The Government urgently need to provide clarification and detail about the schemes they will introduce under extended producer responsibility and the powers in the Bill. Their coverage, their delivery, the methods of consultation and the anticipated financial flows all need to be developed quickly. Action should be targeted on those areas where the most environmental damage is caused. The objective of my Amendment 124 is to provide some urgency, and to ensure that the Government have to bring such a scheme forward. That would give the industry, and to some extent consumers, a very clear direction of travel, and it sits very well with Amendment 119, which would introduce the statutory start date.

Environment Bill

Lord Chidgey Excerpts

Committee stage
Monday 5th July 2021 Lords Chamber

Moved by

[Lord Chidgey]

161A: After Clause 77, in inserted section 17ZC, after subsection (3) insert—
“(3A) Measures intended to reduce reliance upon septic tanks and cesspits in rural communities, including requiring the progressive connection of such rural communities to main sewers.”

[Lord Chidgey (LD)]

It was—I was going to say “delightful”, but that sounds rather patronising and I do not mean that at all. It was “reassuring” to hear the words of the noble Baroness, Lady Jones of Whitchurch, because I cannot find a single word to disagree with. Nevertheless, I have a few points to add to this debate. I hope to speak to Amendment 161, the insertion of the Philip Dunne Bill, but also Amendment 161A in our name, on the reduction of the number of septic tanks, and Amendments 165 to 174.

We are advised that, despite years of investment, sewage and agricultural pollution still plague the UK’s rivers and coasts. Only 16% of inland waterways in England meet good ecological status, none of them passes the chemical tests and the UK now ranks last for bathing water quality in Europe. We could have a separate, long discussion about where the assets of our water companies throughout our land have gone since the companies were privatised; they certainly have not got into investing in and improving the facilities.

Water users who interact with water are also being put at risk of contracting harmful illnesses and antimicrobial-resistant bacteria, and I want to return to that issue later. The overwhelming cause of this pollution is the UK’s outdated infrastructure, which cannot handle the pressures of increasing population, urbanisation and climate change. Water companies are therefore routinely relying on combined sewer overflows, CSOs, so graphically described by the noble Baroness, Lady Jones, to manage demand.

Amendment 161 in the name of the noble Baroness, Lady Jones, brings back into play the provisions of the Private Member’s Bill prepared by the right honourable Philip Dunne MP, which, I am actually appalled to hear, never got to Second Reading in the previous Parliament. Its provisions will be a welcome addition to the Bill. Again, we shall return to that later, I am sure.

Amendment 161 seeks to achieve the progressive reduction of managing domestic sewage waste through septic tanks discharging into rivers. They are mainly located in rural or semi-rural areas unconnected to mains sewers, and are often inefficient and poorly maintained. I understand that in continental Europe, septic tanks are being progressively phased out and are becoming increasingly rare, yet in the UK it has become a national issue yet to be addressed as a primitive legacy of a pre-industrial age.

This is again primarily a question of investment in sewerage infrastructure to connect to the large number of sewage works already handling sewage from smaller communities. As part of that investment, phosphate strippers should be fitted at sewage works serving communities of 5,000 or more. This would start to address the extensive algal growth now known to be as likely to be associated with sewage works as with farming. The investment comes at a cost, but it should be to investors rather than customers.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I simply thank the noble Duke for his interest in and commitment to this area, and reiterate that I am absolutely persuaded and committed to ensuring that our approach as a Government to tackling this problem matches the scale of the problem itself. To that end, I look forward to future discussions with him and other noble Lords.

[Lord Chidgey (LD)]

I beg leave to withdraw my amendment.

Amendment 161A withdrawn.

Environment Bill

Lord Chidgey Excerpts

Committee stage
Wednesday 7th July 2021 Lords Chamber

Finally, I have great sympathy for the farmers involved. All businesses would love to have a framework of certainty and constancy in which to make sometimes risky and long-lasting financial decisions, but this situation has been on the horizon for years, if not decades. I repeat again: some of our rivers are in a very precarious state and the time when you can expect compensation for not causing environmental degradation has, in my view, long since gone.

[Lord Chidgey (LD)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Cameron of Dillington, in this House. He speaks with great knowledge and conviction. It is equally a pleasure to listen to the words of the noble Lord, Lord Carrington. I cannot think of another occasion when I have spoken in this House, following two clearly eminent and very experienced farmers. As a civil engineer, I have to just look at the mechanics of it. Nevertheless, it is easier to be supportive of Amendments 176A, 180A and 187ZA, rather than the perhaps more holocaustic view of “what will happen if” that we have heard in earlier remarks.

These amendments, which we support, would provide for the power that is set out in the amendments to be available earlier than given in the Bill. Given the damage that is already occurring—as has been so eloquently put by the noble Lord, Lord Cameron—the impacts of over-abstraction can be long lasting and profound. I speak from the point of view of someone who, while not farming, lives close to the farming community in Hampshire. Noble Lords will have heard me speak earlier of the issues concerning the catchment area of the rivers that we live with. Fish and wildlife can be lost from channels that experience low flows, and take many years to recover. We are already experiencing, in Hampshire, salmon failing to meet conservation limits. So it is not a guess that things will be bad—they are already bad.

Sustainable abstraction will the support the Government’s 25-year environment plan commitments and species recovery targets. Many farmers already farm under sustainable licences, and we must use the techniques and innovations adopted by those farmers to support best practice. For example, as the noble Lord, Lord Cameron of Dillington, has mentioned, with forward planning and investment, on-farm reservoirs are one of the options that can be used.

Amendment 187B would apply to abstraction of water from a river or aquifer that is used by businesses for commercial reasons and related in some sense to agriculture. I am thinking here of businesses such as those that process and distribute cress—watercress and so forth—or fish farms. Water is abstracted, used and then returned to the river by the licence holder. The cost of monitoring inflows and outflows, we believe, should be met by the licence holder as a regular means of, if not controlling what the users are doing, at least being aware of what they are doing.

This has been a very serious issue in our locality. Hampshire is famous for its watercress, but it is reliant, very much so, on pure water. When there is a situation where a successful international commercial company uses your local area as its base for international processing and distribution of their salads, because it has the benefit of a licence to use the water from the chalk stream to clean and remove chemicals and pesticides and so forth on their product, which is then distributed all over Europe, if they are then found to be abusing the licence, and end up by polluting the river, you have a serious problem. I think the Government need to have the means at their disposal to control that. In the particular case I mentioned, it was controlled because individuals mounted a private prosecution to demonstrate the abuse was carrying on, and this exposed it and eventually stopped it.

The terms of the licence will be determined at a level recognising the activities on a particular river or chalk stream, matching or improving on the water quality, and ensuring, by using settlement ponds or recirculation systems, that there are no additional chemicals, nutrients or sediments in the outgoing water compared to the incoming water.

Environment Bill

Lord Chidgey Excerpts

Committee stage
Monday 12th July 2021 Lords Chamber

Moved by

[Lord Chidgey]

234: Clause 102, page 101, line 34, leave out “may” and insert “must”
Member’s explanatory statement
This amendment requires Natural England to prepare and publish species conservation strategies.

[Lord Chidgey (LD)]

My Lords, I speak in particular to Amendments 234 and 241 in my name. The Government have shown a commitment to tackling the issue of the poor quality of our rivers and freshwater environment. Issues around pollution and declining freshwater biodiversity have been a constant refrain in the media for some time. Freshwater species have declined by 88% since 1970—a greater decline than seen for species in forests or oceans—and one-third of freshwater fish species faces extinction. England is the home of 85% of the world’s chalk streams; we have a global responsibility to protect these ecosystems.

Species conservation strategies can potentially play an important role in conservation, although there is a call to avoid them becoming a default setting for managing the impact of development on nature. The purpose of “must” instead of “may” in this amendment is to strengthen the clause and to underpin the requirement for a conservation strategy for improving the conservation of species. This is not intended to mean all species, but those whose conservation is probably most at risk; for example, salmon and sea trout, where it is thought that there is not as yet a clear conservation plan in place. There is a range of plans, such as the Environment Agency’s salmon five-point plan, but these have not led to any meaningful action in terms of the broad threats in our rivers and coastal waters.

Amendment 241 aims to create a new designation of protection for chalk streams. This analysis has been prepared with the assistance of experts from the Angling Trust and the Catchment Based Approach—CaBA—a restoration group under the chairmanship of Charles Rangeley-Wilson. It is preparing a report to government on the need for restoration and greater protection of chalk streams in England: the chalk stream restoration strategy. This group, made up of representatives from water companies, conservation NGOs and statutory agencies, including Natural England and the Environment Agency, will publish the chalk stream restoration strategy in September. The report will make a series of recommendations, looking at the three elements that make up action to restore our chalk streams to a near-natural state: action to reduce and mitigate the impact of overabstraction, to reduce pollution and improve water quality, and to restore the habitats and ecological functioning of chalk streams. The report is currently out for public consultation.

The first recommendation of the report is supported by all the companies and agencies involved in the report’s production and from stakeholders’ responses. This recommendation is for

“an overarching protection and priority status for chalk streams and their catchments to give them a distinct identity and to drive investment in water-resources infrastructure, water treatment and catchment-scale restoration”.

Currently, few chalk streams have protected site status. We have drivers, such as priority habitats status and the water framework directive but, thus far, these have failed to deliver enough improvements for chalk streams, principally because they lack statutory drivers for investment. Stakeholders are united in the view that there is a clear need for a status mechanism via designation, which can add impetus and drive investment across multiple policy levers. These include water company price review processes; ELMS local nature recovery and landscape recovery; local nature recovery strategies; biodiversity net gain; and protection through the planning process. A new designation should deliver an integrated approach to the protection of the chalk stream channel, its floodplain, surrounding catchment and aquifer, leading to nature and biodiversity recovery at the landscape level.

This amendment would require Natural England, along with Defra and the EA, to explore the appropriate mechanism for introducing a new category of protections, which may include the adaptation of application of an existing mechanism to protect chalk streams. In doing so it would consider including a statutory biodiversity target for chalk stream catchments in the Bill that would elevate the status of all chalk streams and provide long-term certainty about government ambition and commitment to protection and restoration. It would also consider a new form of designation or statutory protection for all chalk streams through a Green Paper on habitats regulation, and a stronger policy steer for chalk streams, for example through the ministerial guidance on river basin management plans and the strategic priorities statement to Ofwat.

Such a status for chalk streams would drive the investment and resources that have been severely lacking—not only for chalk streams, but, as the first report of 2020-21 from the Environment Audit Committee in the other place, Biodiversity in the UK: Boom or Bust, made clear, for the protection and advancement of biodiversity more broadly.

These are not exclusively chalk stream measures. Many other types of river and stream are also in great need of investment. An integrated approach to restoring all types of habitat and associated species through restoration of natural ecosystem function—particularly natural catchment function—will help to deliver multiple biodiversity benefits, alongside a wealth of natural capital associated with restored aquifer recharge, tackling pollution at source and natural flood management, to quote Natural England in 2018.

Nevertheless, the draft report argues that the global rarity of English chalk streams provides a potent justification for singling out this river type, among others. There are other justifications. One is the fact that chalk streams are under particular stress because they flow through a highly developed landscape. They have been particularly stressed by historic management and have distinct biodiversity, cultural and heritage value. For hydrological reasons, they are less capable of self-repair than higher-energy rivers.

There is also a common misconception that chalk streams exist only in the wealthier home counties of Hampshire and Berkshire. In fact, chalk streams are distributed from west Dorset to north-east Yorkshire, and many flow through less affluent parts of our landscape, and through numerous towns and cities, as well as the rural idylls most frequently depicted.

For example, the Eastleigh Angling Society has more than 850 members. Eastleigh, a constituency that I had the privilege to represent, owes its origins to railway development and manufacture, together with other heavy industry outlets. Yet the River Itchen flows through it. There are also several urban chalk streams, including the Wandle and Cray in Greater London. So I ask the Government to support these proposals for the designation of chalk streams. I beg to move.

[Lord Krebs (CB)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Chidgey, and his eloquent advocacy for chalk streams. I will speak primarily to Amendment 235, in my name and those of the noble Lord, Lord Randall of Uxbridge, and the noble Baronesses, Lady Parminter and Lady Jones of Whitchurch. The aim of our amendment is to ensure that the primary purpose of species conservation strategies is to support the recovery of nature rather than to facilitate development.

At first sight, Clause 102 looks very good. It requires Natural England to publish a strategy for improving the conservation status of any species. It must do this for a “strategy area”, which could be as large as the whole of England. The strategy has to spell out which habitat features are important for the species in question and how they may be improved. Natural England must also give an opinion on any consents or approvals that could adversely affect the conservation status of a species, as well as measures that could be taken to compensate for any adverse effects. Planning authorities must co-operate with Natural England in preparing and implementing any conservation strategy, and “have regard to” the strategy.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I am very keen for us to make progress as quickly as we can. I understand frustrations with the REACH process. My understanding is that that process is best placed to deliver the change we need despite the time that it takes. If it is possible to move more quickly, given that we know that the science is pretty clear and that alternatives exist, I would certainly be open to pursuing those opportunities. If my noble friend would like to join me in my meeting with my noble friend Lord Shrewsbury, he would be very welcome.

[Lord Chidgey (LD)]

I thank all noble Lords and noble Baronesses who have spoken in support of my amendment. The vigour of the debate was very encouraging for me and my fellow Hampshire men and women who are trying to do something to protect our environment and the habitats that we have lived with and cherished throughout our lives.

I also thank the Minister for his remarks. It is encouraging that the Government are taking this issue seriously and are already debating with the proprietors of the chalk stream restoration strategy report, which I understand will be submitted to government in September. That being the case, I look forward to going with colleagues and friends into discussions with government beyond then to see whether we can address these issues, which are so important to our native land. I beg leave to withdraw the amendment.

Amendment 234 withdrawn.

Environment Bill

Lord Chidgey Excerpts

Report stage
Monday 13th September 2021 Lords Chamber

I ask the House to look favourably on Amendment 82. I have also put my name to the amendment proposed by the noble Lord, Lord Chidgey, and I wish it a fair wind. I welcome the amendments in the name of my noble friend the Minister, but I hope that, for the reasons I have given, he will accept that they do not necessarily go far enough as drafted at the moment.

[Lord Chidgey (LD)]

My Lords, I thank the noble Baroness for her support of the amendment I wish to speak to; Amendment 83, in my name, dealing with the chalk stream restoration strategy. I also place on record my thanks to the Bill team for discussions that we were able to have in connection with the extent and impact of the strategy that we are proposing. I also thank the Angling Trust for its technical support in preparing the amendment.

Throughout the passage of this Environment Bill through your Lordships’ House, noble Lords have regularly raised their concerns over the deterioration of our chalk streams through appalling neglect, to the extent that many see streams’ diverse ecosystems under severe threat to their very survival. Your Lordships are not alone. Environmental charities, not-for-profit trusts, specialist scientific bodies and even the privatised water companies have joined the call for a national strategy to restore our chalk streams. The naturalist Chris Packham for one, movingly described the deterioration of the River Itchen over time, as he walked beside the river from Eastleigh to Winchester, recalling his childhood days.

One Saturday morning this August, I was able to greet some 25 members of organisations from across the south-east of England, from Hertfordshire to the north, Kent in the east, and Dorset in the west. They were setting out on a river walk beside the Itchen, not unlike that of Chris Packham. They represented literally thousands of people, all deeply concerned about the threats to our unique chalk streams, and keenly following our proceedings in Parliament, whether it be about the River Arle, the Itchen, the Loddon in Hampshire or the Chess in Buckinghamshire, or winterbourne streams, which traditionally disappear in the summer to reappear through the chalk springs as autumn approaches—only now some of them do not.

Giving evidence to the Environmental Audit Select Committee, Mr Feargal Sharkey said, in terms, that the River Avon catchment comprises five chalk streams, with some of the rarest habitats in the country. It is designated as a special area of conservation, with some of the highest legal protection we have, and yet Wessex Water has spent close to 27,000 hours dumping sewage into five of our rarest ecosystems, home to an endangered species of salmon that finds refuge only in the Hampshire Avon.

Environment Bill

Lord Chidgey Excerpts

Consideration of Commons amendments
Tuesday 26th October 2021 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, I rise to support the amendment in the name of the noble Duke, the Duke of Wellington. I am a sailor, and have sailed and swam in UK waters for six decades. I have constantly been appalled by the amount of raw sewage I have found in those waters, which has got worse.

I am not on social media but I was sent a digital view of what happened in Langstone Harbour, which runs out into the Solent—into Spithead, actually, which has a position in my heart, as your Lordships can imagine. For 48 hours last Thursday and Friday, raw sewage was pumped through a seven-foot pipe into Langstone Harbour. That is totally unacceptable. I am not blaming the Government for this. I do not do social media, and I certainly would not in a million years blame the Minister; after all, he has been in his position for only half a dog watch, and I know that he feels strongly about this as well. We really have to do something about this. I blame the water companies. How they behave has been appalling. We cannot let this go on. They must be held responsible and have their feet put to the fire.

[Lord Chidgey (LD)]

My Lords, I share the concerns of the noble Lord, Lord West, on these issues. I happen to have lived in the same area for more than 70 years and I know the Solent very well, so I share his sentiments on this exactly.

Can I remind your Lordships of where we are on this issue? We have debated this for many weeks now. The rivers, streams and inland waterways of our country all fail to pass the statutory chemical tests, and only 16% of them meet “good” ecological status. The United Kingdom is ranked near the bottom of 30 European countries for coastal water quality. Why? Water companies, particularly Southern Water, are flouting their legal obligations to restrict the discharge of foul raw sewage into our rivers and estuaries. They are instead increasing discharges, apparently happy to risk fines running into hundreds of millions of pounds, which hardly dent their profits and could be better invested in modernising their sewerage infrastructure. I ask again: why? The powers and resources of our regulating agencies have been progressively stripped of funding, leaving them toothless and ineffective. Again, we should ask why. Meanwhile, the biodiversity and ecosystems of our rivers and cherished chalk streams are dying. The reasons, of course, are clear.

I ask your Lordships to support the noble Duke’s amendment tonight so that we can begin to address these issues while allaying the concerns of the Government about unreasonable obligations being placed on water companies—because they are not.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend the Duke of Wellington and our honourable friend Philip Dunne in the other place on bringing us to this place today. I pay a warm tribute to the Minister, who has managed to administer this Bill and be open to a number of amendments already.

As he is aware, I am concerned when he refers to the regulations giving a mandatory scheme for new developments for the simple reason we debated at earlier stages of the Bill. I seek his reassurance yet again: will he please give us a timetable for the regulations that he says he will bring forward under the Flood and Water Management Act 2010 to ensure that statutory responsibilities are placed on planning authorities to treat water companies as statutory consultees? It is very important that water companies are given the tools to do the job. Unless we end the automatic right to connect, you will have major developments of 30, 50 or sometimes 300 houses seeking to emit sewage into antiquated Victorian pipes that simply cannot take it. The sewage then goes into the combined sewers and often comes back into existing developments, meaning that those people have to be evacuated for between six and 12 months before they can be rehoused because it is a public health risk.

I urge my noble friend to bring forward these regulations before the end of the year, if possible, to end the automatic right to connect—not to make it conditional but to end it completely, as Sir Michael Pitt called for after the floods in 2007. That way, I believe that we will not offload all the sewage into the rivers and seas—that is the focus of the amendment before us this evening—but will actually front-end it and make sure that this problem never occurs again in any future development.

Environment Bill

Lord Chidgey Excerpts

Consideration of Commons amendments
Tuesday 9th November 2021 Lords Chamber

[Lord Chidgey (LD)]

My Lords, in response to the public outcry at the Government’s opposition to the noble Duke’s original amendments, the Government promised us that they would deliver the wishes of the public in a new amendment, in keeping with the intentions of the Duke. That is something that we really should bear in mind today when we consider the intricacies of the back-and-forth of the various comments that have been made.

It would have been better if, yesterday evening, our MPs had stood firm and insisted on clarity and action by Ministers. That is what is needed to stop our rivers and seas being treated like an open sewer by the water companies. It is the case that the public must never again be faced with an annual figure of 400,000 releases of raw sewage into our rivers and seas.

In that regard, I have three quick points to make. Will the Government confirm that they will, in due course, do three things? First, will they work with the Environment Agency to immediately start setting tougher permits for sewage works and CSOs, and on the monitoring, inspection and enforcement regimes, by way of ministerial direction? Secondly, will they tell Ofwat that it has a central role to play in cleaning up sewage using existing regulations, and will they make Ofwat accountable to Parliament on an annual basis for progress in reducing sewage discharges? Finally, will they strengthen current schemes to generate clear investment plans, backed by resources, to begin eliminating the worst and most damaging sewage pollution?

I think we all understand that the public will be watching, particularly in the towns and villages represented by those MPs who supported the Government so robustly in the other place last night.

[Baroness Neville-Rolfe (Con)]

Although this is not strictly relevant, I congratulate my noble friend the Minister on the important international agreement on rainforest protection in recent days. I am so pleased.

I am content with the government amendments as outlined by my noble friend the Minister, especially the improved parliamentary scrutiny that is provided for on guidance. I do not agree with the noble Baroness, Lady Jones of Moulsecoomb, or indeed with the proposals of the noble Lord, Lord Adonis, which we have not really been able to debate properly. I think we are on the way to a cleaner Britain through these proposals, so I am extremely grateful for them.

However, I have a question for clarification on the new untreated-sewage provisions, which I do not think has been covered by what has already been described. How will we know what is happening in terms of the success of progressive improvements in sewage disposal into our rivers and the sea? What are the monitoring arrangements? These are important to all of us and to the water companies, on which we rely for our water and for investment, whatever the agreed timetable on the new proposals.