Environment Bill

Lord Kerslake Excerpts

Committee stage
Monday 12th July 2021 Lords Chamber

Moved by

[Lord Kerslake]

257E: Clause 108, page 107, line 33, at end insert—
“(2A) Before giving any guidance, the Secretary of State must undertake detailed consultation on the impact of the guidance with local authorities.”

[Lord Kerslake (CB) [V]]

My Lords, I first declare my interest as the recently stood-down president of the Local Government Association. My other interests are as listed in the register. I take this opportunity to apologise that a technical problem prevented me from speaking to my Amendment 201D last week. I plan to return to this on Report.

I shall speak today to two amendments in my name. Amendments 257E and 257F seek to require the Secretary of State to understand the impact of the new duty of consult residents on the felling of street trees on councils before the duty is set out in guidance and to allow a local highways authority to create a local exemption to the duty to consult. I am very conscious that I am tabling these amendments remotely from the city of Sheffield where the origins of Clause 108 probably lie. Although not directly involved, my family home is some 15 minutes’ walk from where some of the most contentious issues arose. Suffice it to say that the tree-felling debacle in Sheffield has been a particularly unhappy episode in the life of the city. I hope that the new Labour and Green Party administration can finally lay this issue to rest.

I can therefore well understand the desire to bring in greater requirements on councils to consult before trees are felled. However, I am concerned that, in addressing an issue particularly related to the actions of one council, we do not inadvertently create a whole set of other problems for other councils. Local authorities are responsible for the management of many thousands of trees, so this will not be a small issue. Councils generally work hard to protect and maintain the natural environment, including urban trees. That is why a lot of councils have set out their long-term vision for trees and are seeking ways to increase tree-planting, for example by working with local volunteer groups to promote trees and woodlands.

Tree preservation orders provide an established route for protecting trees as part of the local environment. Trees in conservation areas also benefit from protection in law. However, decisions on the felling of trees should ultimately remain a matter of local determination. There is a risk that the new duty will be bureaucratic, and a lot of care must be taken that it does not clash with the existing duties—for example, the statutory duty to consult if street trees are to be removed as part of a housing development.

As a whole, this Bill relies significantly on secondary legislation. We have seen quite a bit of detail on proposals to be enacted by regulation in other areas such as waste, but less in this case. My amendment would require the Government to consult fully with local government and others on the impact of the guidance before it is taken forward. It may be that the Minister can provide greater assurance today on this issue, which would make such an amendment unnecessary. I do not of course intend to push my amendment to a Division. However, it is an important issue: when we put forward legislation, we should have a clear understanding of how it will impact on individual areas up and down the country.

My second amendment, Amendment 257F, would allow local authorities to set exemptions locally, in addition to the reasons for exemptions set out in the Bill. Councils must have a workable set of exemptions, so that they can protect the public from harm and act quickly to prevent the spread of pests and diseases. I am concerned that the areas for exemption on the face of the Bill may be too narrowly defined and again have unintended consequences in their implementation.

These are two practical amendments about the delivery of policy that do not challenge the intent. I beg to move.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, this is the tree group of amendments: we seem to have quite a large number of them clustered together. I declare my interest as chairman of the Woodland Trust.

My Amendment 258 would give protection to ancient woodland equivalent to that already provided for sites of special scientific interest. Ancient woodlands are at least 400 years old. By their very age, they are one of our most rich and complex communities of biodiversity, both above the ground and below in the soils and mycorrhizal communities. Many of them are also historically and socially important. They have the added value, these days, of continuing to sequester carbon every year that they continue in place. They are known as the cathedrals of the natural world. They are irreplaceable—if you plant a new wood, it will not be an ancient woodland for 400 years at least—yet over 1,200 ancient woodlands across the UK are currently under threat from development: mostly housing, roads and railways. Over the last 20 years, nearly 1,000 ancient woodlands have been permanently lost or damaged. Many of the remaining fragments are small and incredibly vulnerable to pressures from surrounding land or the built environment. They are often much loved, and trampled excessively out of love by dog walkers. They are damaged by fly-tippers and subject to drift from agricultural operations. They currently have inadequate protection, hence the 1,200 currently on the threat list.

Planners and developers are warned away from developing on ancient woodland in the National Planning Policy Framework, except in “wholly exceptional” circumstances. But the NPPF is not always observed and does not apply to major infrastructure projects—and who knows what will happen to the NPPF under planning reform? Developers and planners are supposed to consult the ancient woodland inventory in order to avoid trashing ancient woodland through their development. They can see where there is ancient woodland and try to avoid it. However, the inventory is pretty out of date, it was always geographically patchy, and it does not list a large number of small sites. Very late in the day, it is now slowly being updated.

My amendment seeks to use a well-known, long-standing and comparatively easy and effective model, the system used for protecting sites of special scientific interest, to protect ancient woodland. Planners and developers have been working with SSSI rules for 70 years. SSSI status was part of the post-war settlement introduced in 1949. It is a well-known process, so we would not be inventing new bureaucracy, simply adding gently to existing regulations. I am not saying by my proposal that ancient woodlands should meet the biodiversity standards outlined in SSSI regulations, but that all ancient woodlands entered on the ancient woodland inventory would be protected from development, would be monitored in respect of their condition and would be required to be managed to reach and maintain ecological status, under the same processes that are in place for SSSIs.

I hope the Minister will seek to assure me that the England trees action plan has lots in it to help protect ancient woodland by bringing in measures to support long-established woods—woods established before 1840—for example by bringing in schemes to increase buffering around the smaller fragments, and by the removal of inappropriate conifer overplanting on ancient woodland sites. We may see targets for ancient woodlands, but there is nothing quite like statutory protection on existing highly threatened sites, and it could be so simply achieved by my amendment to stop the rot. Otherwise, our children and their children will judge us harshly for our record of destruction of these very English cathedrals of the natural world. SSSIs were an iconic part of the post-war settlement. Let us have ancient woodland protection as an iconic part of the post-Covid settlement.

I turn to my Amendment 259 on a biosecurity standard when planting trees using public money. Tree disease resulting from importing seeds, young plants, and more mature stock from abroad has been disastrous for the health and existence of our woodlands, their biodiversity and our landscapes. There is now a pest or disease for virtually every species of native tree. Many noble Lords will remember Dutch elm disease and how dramatically it changed the nature of our landscapes. We now have oak diseases, oak processionary moth, and, of course, with ash dieback we will lose millions of ash trees and change the face of the countryside and its wildlife dramatically. The incidence of new pathogens entering the UK mirrors exactly the rise in plant imports.

Amendment 259 would require the Government to draw up and implement a biosecurity standard which would apply to all planting of trees and shrubs by Governments, their agencies and contractors. The standard would include a provision that all native tree stock would be “sourced from UK growers” and be certified as having been grown within the UK for its entire life. At the moment, stock moves backwards and forwards between the UK and Europe for stages of its rearing, with all the risks of tree disease importation. The amendment would be good for woods, trees, nature and landscapes, and would represent a major opportunity for job creation in an expanded UK tree nursery industry.

The Woodland Trust’s UK and Ireland sourced and grown assurance standards will have produced 27 million home-grown trees between 2014 and 2024. More and more nurseries are taking part. We applaud the Government’s commitment to an exponential uplift in the number of trees planted, in the interests of climate change and biodiversity, and major taxpayer money is going to be invested. So there is no time to lose. We need more than a voluntary scheme; we need a statutory basis for the standard. We need a clear future estimate of the number of trees required, so that nursery businesses can grow in the UK and get on with confidence to develop a UK-based capacity to meet the demand for safe trees.

My Amendment 260 places a duty on the Government to prepare, maintain and report on a tree strategy for England and to produce targets for the protection, restoration an expansion of trees in woodlands in England. I welcomed the Government’s recent England trees action plan, which is, to all intents and purposes, a tree strategy. But it is non-statutory and, as we all know, Governments come and go and Ministers come and go. I hope that the Government are going to be consulting on tree targets of the sort I have touched on. So, if there is to be a tree action plan and tree targets, why not just make them statutory? Can the Minister tell us why he is not keen on a statutory basis for these two issues?

I support Amendment 260A in the name of the noble Earl, Lord Kinnoull, to which I have put my name. We will be planting 30,000 hectares of trees a year to meet our carbon and biodiversity targets. This will be severely compromised if damage, not just by disease, but by deer in particular, is not reduced to below its current level. The standard proposed would need to be based on clear evidence on tree losses following proper assessment and to be set in a framework of landscape-scale deer management plans across multiple owners. As the noble Earl will no doubt say, part of the current problem is landowners who do not undertake control and who could wreck the efforts of others around them to control damaging pests such as deer. I therefore hope that he receives support for his amendment.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I am very happy to meet and will be in touch.

[Lord Kerslake (CB) [V]]

My Lords, I first thank the noble Viscount, Lord Trenchard, and the noble Baronesses, Lady Neville-Rolfe, Lady Bakewell and Lady Jones of Whitchurch, for their comments. I also welcome the Minister’s response on the consultation. I am concerned about the need to get the practicalities right and, in particular, to have a workable model. That will require the extensive involvement of local government before it is finalised.

On exemptions, I still feel that the Bill is too narrowly drawn to cover eventualities when local authorities will need to move quickly. I wonder if that can be entirely covered by the Bill, in any event. I recognise the risks that local authorities will abuse such a power but, nevertheless, we have not quite got it right yet. Recognising the hour, though, I beg leave to withdraw my amendment.

Amendment 257E withdrawn.