Environment Bill

Lord Goldsmith of Richmond Park Excerpts

Report stage
Wednesday 15th September 2021 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am pleased to support the amendment in the name of the noble Lord, Lord Krebs, to which I have added my name.

The noble Lord has set out in detail why we have concerns about Clauses 108 and 109 and why the safeguards in our amendment are so important. There is real concern that the government clauses will weaken the protection of our most valued species and habitats which the habitats directive conferred. There is also concern that the clauses give the Secretary of State undue discretionary powers to change the rules in the future.

The Minister will no doubt argue that there is no need to worry and that the wording in the clauses give sufficient protection that the conservation and enhancement of biodiversity will be assured. However, as the noble Lord, Lord Krebs, and others have explained, there is a difference between a general commitment to biodiversity and the specific protection of individual habitats and species. The new objectives are simply not a substitute for those of the nature directives, which have provided the first line of defence for our most precious habitats over many years.

If we are not careful, these new powers could be used to deconstruct the strict protections for the UK’s finest wildlife sites by referencing other enabling clauses in the Bill. This is why we believe that the general commitment to enhanced biodiversity and to halting species decline, which is elsewhere in the Bill, need to go hand in hand with the more specific guarantees set out in our amendment. This would ensure that any regulations made under these clauses delivered compliance with international obligations, and, crucially, improved the conservation status of species or habitats. It would also deliver the non-regression promises that the Government made when we left the EU.

In response to the debate in Committee, the Minister spelled out that the Government are planning a Green Paper in the autumn with the aim of providing a “fit-for-purpose regulatory framework” to deliver the Government’s ambitions for nature. However, we know that historically, the Government’s idea of “fit-for-purpose regulation” is less regulation and less protection, and we also know that a Green Paper could take a very long time to reach conclusions that can be enacted. We are being asked to put our faith in a process which is stepping into the unknown, and it is quite likely that by the time that process is completed, a different set of Ministers will be in play, with a different set of priorities. Therefore, the proposal for a Green Paper simply adds to our concerns.

Over the summer, we were grateful to have a meeting with the Defra officials dealing with this issue, who sought to reassure us that this was about improving nature recovery rather than watering it down. But of course they do not yet know the content of the Green Paper or its likely outcome. In the meantime, all we have before us is the wording in Clauses 108 and 109 and the rather amorphous phrase that the Secretary of State must “have regard to” the importance of furthering conservation and enhancement of biodiversity.

As the noble Lord, Lord Krebs, made clear, it should not be for the Secretary of State to make that call, or to be satisfied that the regulations do not reduce environmental protection for what my noble friend Lady Young rightly described as the jewels in the crown of the countryside. This decision needs to be authenticated by objective scientific bodies such as those set out in our amendment. I hope that noble Lords, having listened to the debate, will understand the strength of our concerns and will agree to support the amendment.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

I thank noble Lords for their contributions during this debate. The Bill takes the world-leading step of requiring a new, historic and legally binding target to halt species decline by 2030. The powers in Clauses 108 and 109 form an integral part of our strategy to achieve this.

The first of those powers enables the amendment to Regulation 9 of the Conservation of Habitats and Species Regulations 2017. Currently, that regulation requires Ministers and public authorities to comply with or have regard to the requirements of the habitats and wild birds directives. However, these requirements are not explicitly set out anywhere. This has provided scope for differing interpretations and disagreement, as well as potential for legal challenge.

Instead of spending time and taxpayers’ money on battles in the courtroom, we want to try to focus on ensuring that the protection of our designated sites and species is based on robust science and technical expertise. The Government will publish a Green Paper later this year, as the noble Baroness, Lady Jones, acknowledged, which will set out clearly, plainly and transparently our view of the current requirements of Regulation 9 and remove that uncertainty. We will consult on and agree the conservation requirements necessary to meet our biodiversity targets and improve the natural environment. This will support our aim to focus on the scientific evidence as well as our national priorities for nature restoration.

The second power concerns the amendment to Part 6 of the regulations, which enables us to review the current habitats regulations assessment process. My noble friend Lord Benyon is chairing a small working group that is gathering information from experts regarding our current HRA process, to inform any future decisions on the use of these powers. The group is consulting a wide range of experts with direct experience of HRA, including the competent authorities, statutory advisers, environmental NGOs, developers, town and country planners and land managers. The group includes Minister Pow, Tony Juniper—he is chair of Natural England—and Christopher Katkowski QC. It will input options for proposals and questions to the Green Paper, which will then be subject to extensive consultation.

A clearer, quicker and more easily understood process will support environmental protection by focusing on the issues that really matter for protected sites. I am reminded that Lord Justice Sullivan, when the regulations were formulated, recommended that we needed a system that was simple and not too full of hurdles that could end up causing excessive battles in the courtrooms. It feels to me that, in part, that is where things have ended up.

However, I can commit to this House that no changes will be made without extensive consultation and strong parliamentary scrutiny. Consultation will include the office for environmental protection and statutory nature conservation bodies. It will also include key environmental NGOs, farmers and land managers to name a few. Those commitments are reinforced in Clauses 108(5) and 109(3), so that, in making regulations using these powers, Ministers must be satisfied that they do not reduce existing protections. In addition, we have added a specific requirement that Ministers justify to Parliament that any new regulations using these powers meet the test. This is a meaningful scrutiny mechanism with strong safeguards ensuring that we will not reduce the level of environmental protection.

I know some noble Lords are concerned that the changes will undermine the specific protections currently conferred by the habitats and wild birds directives, and I want to be clear that Clause 108(3) allows for requirements or objectives to be specified in relation to the 2030 species target or other long-term biodiversity targets and to improve our natural environment. These requirements and objectives can specify, among other things, how we must protect habitats and species, and at what scale, to ensure we can reverse biodiversity loss.

Additionally, many of the requirements in the directives derive in turn from multilateral environmental agreements, of which the UK is a contracting party and was instrumental in promoting—in particular, the Berne convention. We remain bound by international law and committed to those obligations to contribute to the conservation status of these habitats and species within their natural range and to continue to co-operate internationally to do so. We remain equally bound by and committed to conserving the marine environment under the Ospar convention; migratory species under the Bonn convention; wetlands under the Ramsar Convention; and, more broadly, the Convention on Biological Diversity.

I hope I have gone some way to reassure noble Lords that this power has been tightly drafted, with strong safeguards in place on its use, and that Amendment 99 is therefore not necessary. Climate change and biodiversity loss present huge long-term challenges that literally threaten our future if left unchecked. We need to act now, through this Bill, to halt the decline of species by 2030 and, as noble Lords will know, we will be legally obliged to do so when the Bill becomes an Act, as we hope it will. The habitats regulation assessment is a key mechanism for preventing deterioration of our most valuable habitats. We want to strengthen that protection and investigate ways in which the habitats regulation assessment could support better environmental outcomes. I therefore urge the noble Lord to withdraw his amendment.

[Lord Krebs (CB)]

I thank all noble Lords who have taken part in this short debate and the Minister for his response. I want to make just three points. The first is that, listening carefully to what he said, I reiterate the question that the noble Lord, Lord Deben, put to him: there is nothing that the Government are not already committed to in this amendment, so why not accept it? I have not heard the argument against it. I have heard the argument for it from the Minister.

The second point concerns the Green Paper, which loomed large in the Minister’s response. There seems to be one species that might be protected by the Green Paper: the pig—the pig in the poke. We do not know what is going to be in the Green Paper. We have had a list of names of people who might be consulted, but we do not know what form the consultation has taken.

The third point is that the Minister referred to the need to have a regulatory regime that is quicker, easier and simpler. That rings alarm bells for me. Ease, simplicity and speed are not necessarily merits that one wishes to pursue if one’s aim is to protect the natural environment. I am afraid that although I have heard responses in detail to Amendment 99, I am not convinced that they provide a satisfactory end point, and therefore wish to test the opinion of the House.

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[Lord Marlesford (Con)]

My Lords, I, too, apologise but I wanted to say that I regard this amendment as not just important but essential. These woodlands and trees, whether they be ancient or veteran, are crucial. They are part of the heart of our country. If you remove them, they will be gone for ever. It is similar to removing ancient and important buildings. I well remember when Mr Heath was being pressured to allow the whole of the Treasury and Foreign Office to be swept away so that we could have more efficient offices; we would have had another Marsham Street there. My God, what a thought.

If we do not accept this amendment—perhaps the Minister will accept it, or say that he will do something —we will send completely the wrong signal to the outside world: that we do not mind about something about which we care deeply.

[Lord Goldsmith of Richmond Park (Con)]

Turning to Amendment 101, in the name of the noble Baroness, Lady Jones of Whitchurch, I thank her for her amendment and for her ambition to see more trees planted and protected. It is an ambition that she knows I share. As I mentioned in Committee, we are taking steps to plant more trees and protect woodlands. This was set out in the England Trees Action Plan which was published in May. The Government have already committed to at least treble planting rates in England over this Parliament and to increase tree planting across the UK to 30,000 hectares per year by the end of the Parliament, which is broadly in line with the 75,000 hectares that the noble Lord, Lord Teverson, mentioned. In the England Trees Action Plan, the Government also took the significant step of committing to consulting on a new, long-term tree target through a public consultation on Environment Bill targets, expected in early next year. In response to the noble Baroness, Lady Jones, such a target would be legally binding, not just aspirational. This amendment is therefore not needed.

I thank the noble Baroness, Lady Young, for her amendment on ancient woodlands. Ancient woodlands are protected under the National Planning Policy Framework. The Government also have standing advice for local authority planners which is to be used as a material consideration when making planning decision proposals affecting ancient woodland, ancient trees and veteran trees. We think that the majority of the proposals suggested in this amendment are already covered under the National Planning Policy Framework and the Forestry Commission and Natural England’s ancient woodland standing advice. The Government will keep under review cases where loss or deterioration of ancient woodland has been or is justified on the basis of “wholly exceptional” circumstances and will encourage them to be brought to our attention at Defra at an early stage. That message has gone out. We will also revise guidance to planners making decisions on what is considered wholly exceptional to avoid some of the circumstances that the noble Baroness, Lady Brown, mentioned.

As recently committed to in the England Trees Action Plan, we will build on these protections, including by introducing a new category of long-established woodland—they are woodlands that have been around since 1840—and we will consult on the protections they are afforded in the planning system. We also committed within the action plan that the Government will update the ancient woodland inventory to cover the whole of England, including smaller ancient woodland sites of one-quarter of a hectare. As I mentioned in Committee, our England Trees Action Plan also includes new steps to protect and restore ancient woodlands through management and restoration. Our new England woodland creation offer will fund landowners to buffer and expand ancient woodland sites by planting native broad-leaf woodland, and the Government will update the Keepers of Time policy on the management of ancient woodland, veteran trees and other semi-natural woodland.

In addition, the Secretary of State and I have been in regular discussions with colleagues in MHCLG to explore further measures that can be included in the upcoming planning Bill to build on the protections that are there to avoid the kind of outcome that the noble Baroness, Lady Brown, fears. This will also be high on my list of issues to discuss with the new Secretary of State for MHCLG, Michael Gove, who shares this House’s interest in ancient trees and their protection.

I hope I have reassured the noble Baroness, Lady Young, about the action the Government are taking and will take to protect ancient woodland and of the importance of the such precious environments. I beg her to withdraw her amendment.

[Baroness Young of Old Scone (Lab)]

My Lords, I thank all noble Lords who have spoken in this debate for their comments and support, and thank the Minister for his response. I was particularly taken by the points made by the noble Baroness, Lady Boycott, and the noble Lord, Lord Marlesford, who basically said that we would not play as fast and loose with heritage buildings as we do with ancient woodland. I think the anxieties of the noble Lord, Lord Carrington, about how the additional protection would work can be met by saying that the amendment gives considerable leeway to government to design the protection measure, and many of his points could be addressed during that design effort.

As the Minister said, the current protection is enshrined in the National Planning Policy Framework and standing advice, but I am not reassured by that, because, with 800 cases of imminent damage on the books at the moment, it is clear that the NPPF and the standing advice are not working. No amount of revising guidance to planners will bring the level of statutory protection that is required.

I very much welcome all the changes that the Minister said, as he did in Committee, that they are hoping to make to the woodland inventory, management schemes and the Keepers of Time policy, but they do not really address the development issues. I would not want to hang my hat on measures in the planning Bill until we see the Bill and the colour of the new Minister’s coat, now that he will be running MHCLG.

Having heard considerable support around the House for my amendment, I should like to test the opinion of the House.

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This has been a good debate. These are serious issues and I look forward to hearing from the Minister.

[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords for their contributions to this hugely important debate. The UK has a strong history of supporting supply and demand-side measures to tackle deforestation, including the commissioning of the GRI, which my noble friend Lord Randall mentioned, to provide us with advice on how we could strengthen our efforts to tread more lightly on the environment. We welcome the widespread support that we have received for the Government’s work in this area, including our public consultation on due diligence legislation last year. That legislation is a world first and the Government are committed to ensuring that it is effective in addressing illegal deforestation and cleaning up our supply chains.

As I mentioned in Committee, a significant proportion of global deforestation is illegal. At least 69% of tropical deforestation for commercial agriculture between 2013 and 2019 was conducted in violation of national laws—it is closer to 90% in some key areas, including parts of the Amazon. Our due diligence provisions will directly tackle this deforestation. I just say to the noble Baroness, Lady Meacher, that dealing with illegal deforestation—as I said, it amounts to 90% in key parts of the Amazon—does not equal, to quote her, “nothing”. Tackling such a vast proportion of the problem that we are addressing cannot simply be described as “nothing”. If we can stop illegal deforestation, we can all be pretty happy. Equally, no one is pretending that that is the whole solution.

I want to talk specifically to Amendments 106 and 108C, tabled by my noble friend Lord Randall of Uxbridge and the noble Baroness, Lady Meacher, respectively. I reiterate my strong view that this legislation is the best and most strategic way that we can make a truly global impact and I will try to again explain why. Our legality-based approach allows us to lead the charge on tackling illegal deforestation, while working in partnership with producer country Governments and communities and respecting their laws. This is critical. The UK is a big market, but we are nowhere near big enough alone to change a global dynamic on deforestation. It will only be through building a coalition of countries—producer and consumer countries—committed to working with us that we will have the capacity to flip the market in favour of forests. That is a major piece of work that we are doing both as part of the run-up to COP 26 but also beyond. We are already seeing real progress in that coalition-building exercise.

While I completely agree with the sentiment of these amendments, all our diplomatic work so far tells us that they would undermine our ability to coalition-build and, therefore, the UK’s wider efforts to support sustainable supply chains. The principal reason is that they would alter a core intention of this policy, which aims to respect producer countries’ laws and responsibilities. That is not to say that there are no concerns on wider issues surrounding legal deforestation and other drivers of deforestation. There are of course many such concerns.

However, there is no single silver bullet that will tackle all these issues at once, and I do not pretend that our due diligence measures alone will do the job. They are hugely important and will help us to deal with a significant chunk of the problem, but they are not the silver bullet; they are just one part of a wider package of measures to improve the sustainability of our supply chains. For example, I co-chair the Forest, Agriculture and Commodity Trade Dialogue as part of COP 26. Through this, we are working with a growing network of producer and consumer countries to develop a shared road map of actions to protect forests and other ecosystems while promoting sustainable development and trade. My officials and I are also working extremely hard to secure a range of outcomes at COP 26 that, combined, will enable us to turn the corner on deforestation as a matter of urgency. Much work remains to be done in the run-up to COP, but I am optimistic that we will get there.

Our global Forest Governance, Markets and Climate programme promotes inclusive policy-making, working with Governments, local business and NGOs—including indigenous peoples and local communities—and strengthens the rule of law that helps indigenous peoples and local communities to clarify and secure their rights to forest resources that they ought already to have. Additionally, the UK welcomes and has been actively helping to shape the development of the Lowering Emissions by Accelerating Forest Finance—or LEAF—Coalition. LEAF aims to mobilise many hundreds of millions of pounds in financing, kicking off what is expected to—and I believe will—become one of the largest ever public-private efforts to protect tropical forests and support sustainable development. At the heart of the LEAF programme is a recognition of the vital role of indigenous people and the threats that they face.

Turning to Amendments 108A and 108B, tabled by the noble Baroness, Lady Meacher, again I agree that of course it is important we have strong reviews in place to ensure that the legislation works. That is why Schedule 17 contains a provision requiring the Secretary of State to conduct a review of the law’s effectiveness every two years once it has come into force and set out any steps needed to be taken as a result of that review. The amendment would limit the Government’s ability to conduct an effective and meaningful first review of the legislation. Businesses would have had hardly any experience of the regulations by that point, and there would be hardly any data available for the first review to really understand if they were working. Two years seems to me about the right time for us to be able to assess the efficacy and usefulness of this legislation. I reassure the noble Baroness that, if we do not see progress towards delivering the legislation’s very clear objectives that we are looking for, or if we see perverse outcomes of the sort that the noble Baroness and others have cited, we will take whatever action is necessary.

This leads me on to Amendments 107 and 108, tabled by my noble friend Lord Randall of Uxbridge. Schedule 17 sets out what these reviews should consider in particular, but they are not limited to just these factors and we can review other aspects too. As part of the review, we have the ability to monitor the protections of indigenous peoples and groups. Indeed, the Government absolutely recognise the critically important role that indigenous peoples and local communities play in protecting forests. It is not a coincidence that the majority of intact ecosystems today are lived in and looked after by indigenous people. Equally, those same people often face existential threats and appalling violence, as the Global Witness report pointed out.

In response to the noble Baroness, Lady Hayman, in relation to COP 26, I cannot go into all the details now but it is certainly the case that indigenous people, including from Brazil but from other parts of the world as well, will play a very significant role in COP 26 and the run-up to COP 26. Indeed, I have meetings tomorrow with indigenous groups to help to try to put a bit of meat on that particular bone, because we want that participation not to be a box-ticking exercise but something really meaningful. We are also working through the former DfID component of the FCDO to see what more we can do to provide support to indigenous people, particularly around land rights, which as the noble Baroness knows well is the core issue for indigenous people.

As stewards of 80% of the world’s remaining biodiversity, indigenous peoples are leaders in how to develop nature-based, resilient and effective solutions to climate change, through their knowledge and innovations, technologies and their cultural and spiritual values. The UK welcomed the new two-year work plan agreed on the Local Communities and Indigenous Peoples Platform at COP 25 and we look forward to further discussions on the next three-year work plan at COP 26. I assure my noble friend that the Secretary of State will seek input from a very wide range of stake- holders when conducting these reviews.

I turn to Amendment 121, also tabled by my noble friend Lord Randall of Uxbridge. As I have stated previously, the Bill gives us the power to set long-term legally binding targets on any matter relating to the natural environment, including contributing towards objectives on reducing our global footprint. Before committing to obligations such as this, we have the need to form a better understanding of whether a target is the appropriate mechanism to drive this change. A rushed target or indicator could hinder rather than aid progress towards our environmental objectives. While we are developing a global footprint indicator to further our understanding of the impacts of our consumption overseas, we need to be sure that the data landscape is sufficiently developed to measure any target. We can only develop the data so far unilaterally, as this requires a joined-up approach across the globe. We want to make sure that any interventions to reduce our global footprint are able to be monitored and enforced, and do not create any kind of perverse outcomes. For these reasons, we want to consider the best way to take action, which may or may not involve setting a target.

We are committed to leaving a lighter footprint on the global environment and want to take decisive action to this end. As mentioned a moment ago, our COP 26 nature campaign will catalyse global action to protect and restore forests and other key ecosystems. For example, at COP 26 we will explore actions that can be taken with other nations to support and implement transparency and traceability throughout the supply chain, which will inform progress against climate goals.

In regard to the specific questions from my noble friend Lord Randall—and I hope that I got them all down—the Bill’s target framework will allow the Government to set a global footprint target if it is judged to be the best way to deliver long-term environmental outcomes, building on progress towards achieving the vision of the 25-year environment plan. Any target set would need to need to meet the criteria set out in the Bill’s framework, so while we could set a target with this proposed scope, we could not do so based on where we are today with a 2030 date attached.

In regard to my noble friend’s question about consulting on a target in this space, I can confirm that we will be conducting a public consultation on long-term target proposals. We are engaging key stakeholder groups already, and expect to publish a public consultation in early 2022 on proposed targets. I recognise the enormously important work and role of the GRI in providing us with advice and information on the issues that we are discussing and more. We are looking now at options to enable us to avoid losing that expertise, but I am afraid that I cannot say more about that at this point. I absolutely take my noble friend’s point, however.

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[Baroness Jones of Whitchurch (Lab)]

My Lords, I am speaking in favour of Amendment 117 in the name of my noble friend Lady Young of Old Scone. I feel she made a very good case for an overarching land use framework to address the acute shortage of land we know we have in the UK and the competing pressures on it. This has been a developing theme that she has very much championed throughout the passage of this Bill and the Agriculture Act before it.

Whether it is setting aside land for habitat renewal and biodiversity, identifying land for planting trees to help with carbon sequestration, providing better public access to green spaces or becoming more self-sufficient in food, all these issues have to compete with the need for more housing, hospitals and schools, and it all needs to happen on the same scarce and expensive pieces of land. As my noble friend says, it has become an impossible jigsaw.

As we pile on the pressure for more and more uses for the land, there is still no accepted understanding of what the priorities are and how all those needs can be addressed. We are virtually operating on a first come, first served basis: those who already own the land decide its future, regardless of the pressures stacking up for other, maybe more pressing, needs.

Which land should be used for growing food and which for nature recovery? We never really resolved that during consideration of the Agriculture Act. Where are the millions of trees in the tree action plan going to be planted? How can we maximise our land use to mitigate the impact of climate change and contribute to net zero? What will be the impact of the new planning laws on our desire for biodiversity net gain? Are we in danger of locking up land through conservation covenants before we have decided on its ideal use? These are all urgent questions that need to be addressed, and we believe the creation of a land use framework is an excellent way to address them.

However, I am very pleased that, since the earlier debate, my noble friend has received considerable support for her proposal for a Lords special ad hoc inquiry into this issue; I was very pleased to add my name in support. I believe this would be an excellent step forward. Undeniably, as noble Lords have said, this issue is hugely complex and not easily captured in an amendment to a Bill. Whatever the outcome of her bid, I hope she will keep raising this issue, in the planning Bill and beyond, until we can reach a settled view about how to prioritise our land use for the future. I look forward to the Minister’s response.

[Lord Goldsmith of Richmond Park (Con)]

I thank the noble Baroness, Lady Young, to whom I apologise for referring to as the noble Baroness, Lady Brown, in my fourth slip-up with names in two sittings.

I thank her for focusing on the significant land use changes required to deliver our environment, food, housing and infrastructure needs. As she set out clearly during Monday’s debate, land-use change can be achieved quickly—in the case of wetlands or new housing development, for example—but it can also happen very slowly, for example in the case of new woodlands, peatland restoration and so on. That long view on our natural capital, natural wealth and ecosystems is critical to our strategic approach. The Government are delivering the keystone reforms required to manage that change. For example, our action plans on trees and peat target the most critical changes required to meet our net-zero ambition while also driving environmental recovery. The Bill makes provision for environmental improvement plans and local nature recovery strategies, and both will help to steer the actions of government and public authorities, delivering targeted nature recovery that maximises the economic, social and environmental benefits of land use change. That is the strategic approach recommended by noble Lords.

Henry Dimbleby’s recent review of our food system has also made a significant contribution to our work on land-use change and land management. It has brought into sharp focus the importance of a strategic approach to land use that draws out the links between our food systems and our ecosystems. The Government are committed to responding to the review’s recommendations in the form of a food strategy White Paper.

I also briefly acknowledge and very much agree with the comments of my noble friend Lord Deben. I cannot deliver the departmental changes he suggested— I certainly cannot create new departments—but the point he makes is important: when dealing with something as profound as land use for the long term, it requires, dare I say, more cross-government collaboration than has historically been the case.

I reassure the noble Baroness, Lady Young, that the Government are already taking a strategic approach to land use and will keep it under review. I therefore do not think that the amendment is needed and beg her to withdraw it.