Kew Gardens (Leases) (No. 3) Bill [Lords]

Luke Pollard Excerpts

3rd reading: House of Commons & Legislative Grand Committee: House of Commons
Wednesday 24th July 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

Kew is a scientific institution of huge importance. As the global resource for knowledge of plant and fungal diversity, it plays a critical role in addressing the unprecedented scale and pace of threats facing the natural world, and indeed humanity, including the threat of climate change. It is fitting that our Secretary of State delivered his flagship environment speech last week at Kew. The fundamental purpose of the Bill is to help Kew to invest and support its vital mission in a way that also maintains and enhances this outstanding world heritage site.

The Bill amends restrictions on leases on the Crown land on Kew Gardens estate. Currently the Crown Lands Act 1702 limits leases at Kew to just 31 years; the clause amends those provisions, allowing leases up to 150 years, in line with provisions made for the Crown Estate in 1961. Clause 1(2) disapplies the 1702 Act in relation to leases granted under this Bill. The change will allow Kew to generate revenue to improve the quality of its estate and thereby to support its vital scientific mission and retain UNESCO world heritage site status. All proposals for granting long leases will be in line with Kew’s world heritage site management plan, and Clause 1(3) goes further on this point.

Clause 1(3), as amended in the other place, requires that before granting any lease the Secretary of State must be satisfied that the lease, and anything that the leaseholder is permitted to do with the property under the terms of the lease, would not have any adverse impact on the functions of the board of trustees, as set out under the National Heritage Act 1983. The Secretary of State must also be satisfied that the lease would have no adverse impact on the world heritage site status. The changes do not allow the sale of the freehold of Kew land. Furthermore, the Bill will not change the freehold position of the land, which remains with the Crown; it simply provides the ability to grant longer leases on the land.

Proposals for leases will be subject to scrutiny by Kew trustees and finally signed off by the Secretary of State. Proposals for the development of existing properties and new developments will require permission from the local planning authority advised by Historic England in consultation with local residents and other stakeholders, as well as the Kew trustees. That is unchanged from the existing governance processes.

Clause 2 is a standard provision. Subsection (1) sets out that the Bill extends to England and Wales only, this being the legal jurisdiction for property in Kew. However, the Bill applies only to Crown land at the Royal Botanic Gardens, Kew. Subsection (2) sets out the arrangements for the commencement of the Bill, two months following the day on which it is granted Royal Assent. Subsection (3) sets out the Bill’s short title once it has become an Act on Royal Assent. This provides the abridged title as opposed to the long title found in the preamble. The short title of this legislation will be the Kew Gardens (Leases) Act 2019. For the reasons I have set out, I urge that these clauses stand part of the Bill.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I am pleased to speak in support of this Bill. I will start by restating what my hon. Friend the Member for Stroud (Dr Drew) said on Second Reading—that Ministers can rest at ease, because the Opposition have no intention of dividing the House on this issue. Indeed, this is a Bill that we support and encourage the Government to get on with as fast as they can.

The Bill has been a long time in the making, with previous Bills started by the hon. Members for Richmond Park (Zac Goldsmith), the hon. Member for Bridgwater and West Somerset (Mr Liddell-Grainger) and Lord True. We are pleased that we have managed to come so far on this occasion, and we hope the Bill will pass all its remaining stages in the Commons today.

It is important to remember that the Bill goes back to the difficulties that Kew Gardens faced in 2014, when there was a potential funding crisis. The then director saw that Kew could lose up to 150 research staff, which would have been a tragedy given its international importance—not just for public access, but as the world’s most important research institution in the areas that Kew covers. The Select Committee on Science and Technology noted at the time that Kew had difficulties transitioning away from its pure state funding model to one where it is more self-sufficient.

Kew Gardens is not only an incredible tourist attraction but an international centre of expertise and something that this country should be very proud of. I remember my last visit to Kew Gardens; I was in awe of the natural diversity that thrives in that corner of green in this metropolis of hustle, bustle, concrete and steel. The seeds and samples at Kew are unique and preserve for the future a vital resource for scientists working on tracking biodiversity. The world’s largest herbaceous borders at Kew are also pretty incredible. I can only imagine the weeding and pruning that is required to keep Kew looking so inspirational and attractive. I sometimes struggle with my little garden in Plymouth, but this is on a very different scale indeed.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

My hon. Friend is giving an excellent speech, showing the many virtues of Kew Gardens. Something that he has not mentioned is Kew’s important work discovering and helping with the eradication of invasive species that could have a hugely detrimental effect on plants in the United Kingdom. Do he agree that that work within Kew Gardens is also worthy of support?

[Luke Pollard]

My hon. Friend is right. Invasive Species Week, which we marked only a few months ago, was an opportunity for us all to learn more about the species that have been introduced to the UK, either voluntarily or without our knowledge, and that are having a huge impact. Greater knowledge of global biodiversity is important in that respect.

[The Chairman of Ways and Means (Sir Lindsay Hoyle)]

Order. This is not a general debate. Members should purely be discussing the clauses at this stage. There will be an opportunity later to speak on a broader range of matters. We just need to get through the clauses in Legislative Grand Committee and then there will be some amendments on Report.

[Luke Pollard]

Kew is not only a fantastic tourist attraction, but it has also been a key pioneer in science and research for about 250 years. That is why it needs to be sustainable environmentally and economically, which is why we are looking at this legislation. Labour is supporting the Bill to allow leases to be extended from 31 years to 150 years in the hope that the expected £15 million windfall will make both the gardens and, importantly, the scientific research institution more sustainable. That is not to say that there are not questions that need to be raised now for the record, and there are a number of those—although very brief ones—regarding the clauses that the Minister has set out.

Funding is the key issue in this Bill. It is right that the Opposition continue to ask for the assurances that the Treasury will not deduct from Kew’s core funding the capital sums generated by these reforms. Can the Minister give the House an assurance that the full value of any extra revenue derived from these changes will go directly to Kew and its scientific work, not to the Chancellor? It is a worry that the Treasury will see this as a cash bonus and take some of it away or see it as an excuse to avoid approving funding streams to Kew Gardens in future.

--- Later in debate ---

[Luke Pollard]

There is very little to add to the remarks I made earlier, so as I want the House to come to the next debate as soon as possible, I shall briefly say that I am grateful to the Minister for his support for the ongoing digitalisation of the herbarium records and the recognition that the income derived from the sale of these leases will go to support Kew’s ongoing work. We need more, bolder and swifter action to tackle climate change and biodiversity loss, and Kew Gardens plays an important part in Britain’s soft-power and hard-power interventions in doing that, and I wish it the best of luck in selling these leases so we can make sure that work continues.