Environment Bill

Lord Framlingham Excerpts

Committee stage
Wednesday 30th June 2021 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, it gives me great pleasure to follow the noble Earl, Lord Caithness, the noble Lord, Lord Randall, and the noble Baroness, Lady McIntosh, because they have proposed additions to the definition of the natural environment. When I started looking at this, I thought, “Well, everything’s covered anyway”. In debates on many previous Bills, Ministers have always said that they do not like lists because you always leave something out of lists, and that is serious. But the arguments from the three noble Lords who have spoken indicate an obvious concern that water and soil are not in fact included in this definition. I hope that the Minister, when he responds, will confirm that they are, and maybe even add them in.

My small addition is to suggest that “ecosystem” should be included as well because it covers everything that is in paragraphs (a) to (c) of Clause 43 but also soil and the maritime area—I shall come on to water later—and, I think, it goes wider. On the role of ecosystems, the definition that I found included this:

“A community is created when living and nonliving components in an environment are in conjunction with each other.”


The components, including “biotic and abiotic components”, “interact as a system” to form an ecosystem. So, the word “ecosystem” covers everything. I am not suggesting that the Minister should leave out anything that is there at the moment or not include soil or water, but I think that there is an argument for having something that talks about the conjunction between them and the way they work together. I am interested in hearing the Minister’s comments on that.

I also want to speak briefly to Amendments 194AB and 194AC in this group, which are in my name. They also cover the issue of ecosystems but relate to the condition of planning permissions in Clause 92. I think that “water” should also be included in the amendment proposed by the noble Baroness, Lady McIntosh, and maybe “rivers” as well. That is something we should discuss.

A week or two ago, I came across an example that illustrates why this is quite important. I understood that the Port of London Authority had applied to extend the jurisdiction—that is, ownership of or responsibility for—of its water, as I suppose it is, by changing the definition from a limit of mean high water to mean high water springs. Many noble Lords may think, “Well, what does that matter?” In terms of the maritime definition, it is actually a height difference of about 50 centimetres. When you have a river wall, like we have out here, 50 centimetres is probably neither here nor there, but I am told that the extent of the River Thames—the tidal part of it—covers 190 miles of riverbank. On the bits that are pretty flat, as opposed to vertical walls, the extension would have allowed the PLA to extend its planning development potential quite dramatically. There was a big campaign against this at the last general meeting of the PLA; in the end, it withdrew it. Obviously, I welcome that, but it does indicate the difference between and the challenge of biodiversity and ecosystems and the planning condition.

I have one more example. The noble Baroness, Lady McIntosh, talked about offshore wind farms and things like that. A similar debate, which occasionally I get involved in, goes on regarding the role of marine conservation zones and what the boating and yachting community think that it wants. One is environment and the other is leisure. I got quite involved in debates about whether it is possible to have a marine conservation zone in the south-west, or even around the Isles of Scilly, to prevent any ships going there unless somebody had changed the route. This was all resolved, but it is an example of the importance of keeping biodiversity and ecosystems in mind when it comes to planning issues.

I am sure that we will talk about that much more, but this has been a very useful little debate. I hope that, when he comes to respond, the Minister will add in some of these extra suggestions to what we have in paragraphs (a) to (c) at the moment. I also hope that, if he says that he cannot do so, he will tell us why.

[Lord Framlingham (Con) [V]]

My Lords, I would like to say a word or two on behalf of soil and in support of Amendment 110 from the noble Earl, Lord Caithness.

We are often told how much of the earth’s surface is covered by water and how we must take care of it—and so we must. However, we are told less often that the remainder of the world is covered largely by soil—or was, until we decided to spread concrete and tarmac over huge sections of it. That includes motorways, airports, houses and factories—even putting slabs over our own front gardens so that we can park our car. This has taken huge quantities of soil out of commission, with deeply damaging effects on the environment. A layer of concrete not only creates drainage problems by removing the soil’s ability to absorb water, causing the massive problems of run-off and flooding; it also sterilises the soil, cutting off oxygen from all living organisms beneath it. Nobody has yet tried to measure what the cumulative effect of this is but it will be huge.

Soil that has remained untouched for long periods of time is hugely beneficial to all kinds of flora and fauna. Sadly, it is all too rare. This is why our ancient woodlands are so very precious. Although it may not look it at first glance, soil structure is relatively fragile, ranging as it does from heavy clay through loams to sandy soils, and from acid to alkaline. Its health is valuable not just for growing crops and grass to graze but for supporting countless other organisms, some beneficial and some less so. All were held in a natural balance before man’s intervention.

Soil’s value to agriculture and the importance of keeping it in good health were first recognised formally by the great agricultural reformers of the 17th and 18th centuries, most notably Turnip Townshend and Coke of Holkham. The Norfolk four-course rotation was introduced; it varied the types of crops grown over a four-year cycle, sometimes allowing land to lie fallow. The practice of nurturing the land persisted until relatively recently when the pressures to produce more and more from the same acreage grew, with spectacular results. Some cereal crops have increased fourfold, but with this intensification has come a change of attitude to the soil. It is simply—and to some extent understandably, with modern technology—seen purely as a medium for growing crops. Systematic rotation has long since gone. The same crop is sometimes taken off the same land year after year. Spraying against pests and diseases has become regular and routine. To turn the clock back would be very difficult, although some organic farmers are now trying.

Food is essential but many would argue that it is much too cheap. A bottle of milk can still cost less than a bottle of fizzy water. Supermarkets, incidentally, have a crucial role to play in this regard. The proportion of our income that we spend on feeding ourselves has dropped hugely. The old links that customers made between production and consumption have long since been broken, although locally grown produce is increasingly popular. New government environmental policies are forecast to take 21% of land out of agriculture. Arable land and grazing, once carefully drained and cultivated, is going to be turned into marsh and swamp. Where the food lost will come from, nobody has yet told us.

These are very difficult issues requiring much thought, but they will have to be faced one day. Otherwise, as the noble Earl, Lord Caithness, said, our soils will simply, through infertility, disease or flooding, no longer be able to provide what we expect and have too long taken for granted. If I may, I, too, wish to quote what President Roosevelt said in 1937 in response to the huge dust-bowls that had been created in America; the noble Earl has already done so, but I think that it sums up the situation. He said:

“A nation that destroys its soil destroys itself.”


That says it all.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

I have received a request to speak after the Minister from the noble Lord, Lord Framlingham.

[Lord Framlingham (Con) [V]]

My Lords, I am grateful to have the opportunity to say a few words after the Minister. I am also pleased not to disappoint my noble friend Lord Caithness, because I plan to say a word or two about that major infrastructure project HS2. It is fascinating that HS2 gets only passing references in a Bill on the environment. Perhaps this is because no one really wants to study the matter in detail and be forced to admit what a dreadful effect it is having, and will continue to have, on our environment and what a huge mistake it will turn out to be.

It is a tragedy that when the Government are doing so well on environmental issues—with this Bill, for example—and there is a huge increase in tree planting, a matter close to my heart, they should give their blessing to this unnecessary and destructive scheme. It is what is called a vanity project, serving little useful purpose, and will turn out to be the greatest manmade environmental catastrophe of our time. It will, without a shadow of a doubt, do far more damage to our countryside and people, and people’s lives, than it can possibly compensate for.

The scale of the damage is unbelievable and will include irreparable damage to many of our ancient woodlands. The very suggestion, which has been made, that they could be moved or replicated is, to anybody with the slightest understanding of these matters, quite ludicrous. It is hard to grasp the enormity of the operation. Its biggest site to date, at the southern end, covers 136 acres. It has just started boring a 170-metre long tunnel under the Chilterns that will take its massive boring machines, working 24 hours a day and seven days a week, three and a half years to complete. Already, there are problems with the local water supply, caused by the extent of the drilling through the chalk. I suspect that there will be many more unforeseen difficulties ahead.

I could go on to list all the environmental damage and despair that this project has caused, and will continue to cause, along its route. But I will not, partly because it is too depressing and partly because it will soon be obvious to everybody. I do not expect the Minister to accept, as I do, that HS2 should be stopped even at this late stage. But will he, at least, promise to watch the operation like a hawk and do all he possibly can to compel HS2 to minimise the damage it does?

[Lord Goldsmith of Richmond Park (Con)]

I thank the noble Lord for that final comment. I am very happy to give him my absolute assurance that I will do whatever is in the power of Defra to ensure that, whatever the outcome of HS2’s construction, nature is left in at least as good a position as it currently is. I believe that is the commitment it has made: no net loss, even though they are not in scope of biodiversity net gain.