Infrastructure Bill [HL]

Lord Framlingham Excerpts

Monday 9th February 2015 Lords Chamber

[Lord Teverson]

My Lords, I, too, will not make a Second Reading speech, as that stage took place last year. I very much welcome the Opposition’s amendment that was tabled in the House of Commons and the fact that the Government have brought back a version of it that is legally sound. In practical terms, I do not think that it adds a great deal to the environmental protections that we already have and which I consider are strong enough. However, it is good to clarify those and to make sure that the Bill has a more balanced approach to fracking.

However, I thank my noble friend the Minister for having excluded geothermal energy from the amendment, because the issues around that are quite different from those around hydrocarbon fracking and it is appropriate that these amendments do not deal with that particular sector. That is important because at last, after much effort by many people, that industry is starting to show dividends. Geothermal heat, which is relatively low-level in terms of ground exploration, is starting up under the renewable heat incentive. We have two planning permissions in the south-west for potential geothermal electricity generation. It would be tragic if that process stalled after the 20 years or more that a number of us have campaigned to make this very practical renewable energy come through and contribute to the UK’s energy. Clearly, certain regimes will have to apply to that process as well. It is excellent that the change on trespass has allowed that industry to move ahead as that was a major barrier. Therefore, I very much welcome these amendments and hope that the House will not divide on the issue and will decide unanimously to move forward quickly so that both industries can move ahead.

[Lord Framlingham (Con)]

My Lords, I would like to say a few words about the relationship between fracking and our ancient woodlands. Sadly, I fear that it is not really appreciated by everyone responsible for planning and building projects of all kinds just how precious our ancient woodlands are. Individual trees, if lost, can be replaced. It is true that there is a huge loss to its surroundings because it takes many years to replace a mature tree, but it can in time be replaced, as can avenues and shelter belts, however much they are missed initially. Indeed, some might argue that they are better off being replaced when they get to a certain stage.

Similarly, our forests are planted for their timber—technically a crop, albeit a long-term one. While they provide an excellent contribution to the environment over a period of years provided the right species are planted, they are routinely felled for timber and replanted.

Our ancient woodlands are centuries old. Thankfully, they have survived, largely by chance. They are precious in a unique way and are quite simply irreplaceable. It is essential that they are given very special treatment, which recognises their importance, the contribution they make to our environment, and the truth that once they have been destroyed, however clever we are, they can never be replaced.

Whatever the pros and cons on the subject of fracking, the simple existence of our ancient woodlands need not be a barrier, provided the companies concerned understand their importance and the public concern for them. I quote the Woodland Trust:

“While we believe that, as long as the geological fracturing activity associated with fracking takes place at great depths underground it is very unlikely to have a direct impact on any ancient woodland located above the fracturing sites, we do have concerns about the potential significant impacts resulting from the construction and operation of the drilling wells necessary to enable fracking to take place, and the associated infrastructure that may be put in place to access and transport shale gas/oil. We would therefore like to ensure that areas of ancient woodland are specifically protected so that licences may never be issued for fracking within or adjacent to these highly precious habitats”.

The Minister said that the protected areas have not yet been decided upon. I hope that she will think very carefully about our ancient woodlands. I urge her to indicate in her response, if she can, in the clearest possible terms that the Government accept that our ancient woodlands need very specific protection.

[The Earl of Caithness]

My Lords, I agree with the noble Lord, Lord Teverson, that these amendments do not do very much for the Bill. All these points were going to be covered anyway. I do not think that the process over the past two weeks has done politicians any good at all. It was a hurried amendment in the Commons and the Government, under Liberal pressure, gave way. We now have a cobbled together lot of amendments which did not give the other case a decent chance for discussion. If anybody reads last Monday’s Commons Hansard, it is not an impressive debate. We have not had a sensible opportunity here, although the whole framework of what we are discussing has been discussed ad nauseam in this House.

I would like to ask my noble friend, particularly about item 6 in column 1 regarding what will take place in other protected areas, how many miles of coal-mine tunnel are under protected areas in national parks and areas of outstanding natural beauty? Of course, we must remember that these would not have been allowed under this amendment: the fracking pipeline is only about 6 to 9 inches, whereas a coal-mine tunnel is considerably more.

My noble friend Lord Framlingham has just mentioned ancient woodland. Will marine nature reserves will be classified as protected areas? How many more restrictions will there be on the industry? My noble friend the Minister was absolutely right when she said that health and safety risks can be managed with best practices. We need to show those best practices for the rest of Europe to follow.

Returning to point 6, is this a precedent for future development? If you are not allowed to drill a 6 to 9-inch pipeline a thousand feet down, presumably the Government will not build HS2 which will go smack through the middle of the Chilterns, an area of outstanding natural beauty. There will be 11 kilometres of tunnels there. It will do considerably more damage than any whipstocking under an AONB from a small well. Presumably we will not have any more development. The Liberal party has closed the door on development in national parks and closed the door on the opportunity of growth. I think that a lot of people will use item 6 as a precedent in order to stop any future development at all.