Crown Estate Bill [ Lords ] (First sitting)

Melanie Onn Excerpts

Committee stage
Thursday 6th February 2025 Public Bill Committees

Sustainable development

[Melanie Onn (Great Grimsby and Cleethorpes) (Lab)]

I beg to move amendment 1, in clause 3, page 2, line 17, at end insert—

“(3B) In keeping the impact of their activities under review, the Commissioners must have regard to—

(a) the United Kingdom’s net zero targets;

(b) regional economic growth; and

(c) ensuring resilience in respect of managing uncertainty, risk and national security interests.”

This amendment would require the Crown Estate Commissioners, in reviewing the impact of their activities on the achievement of sustainable development, to have specific regard to the United Kingdom’s net zero targets, regional economic growth, and resilience in respect of managing uncertainty, risk and national security interests.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 6, in clause 3, page 2, line 17, at end insert—

“(3B) In complying with the duty under subsection (3A), the Commissioners must—

(a) set and publish sustainable development objectives in relation to their activities,

(b) take all reasonable steps to meet these objectives, and

(c) have regard to the relevant environmental legislation for the UK, England, Wales and Northern Ireland in relation to making these objectives.

(3C) For the purposes of subsection (3B), ‘relevant environmental legislation’ includes—

(a) the Climate Change Act 2008,

(b) the Environment Act 2021,

(c) the Well-being of Future Generations (Wales) Act 2015, and

(d) the Environment (Wales) Act 2016.”

This amendment would require the Commissioners to set sustainable development objectives for their activities, having regard to the Climate Change Act 2008, Environment Act 2021, Wellbeing of Future Generations (Wales) Act 2015 and the Environment (Wales) Act 2016.

Amendment 8, in clause 3, page 2, line 17, at end insert—

“(3B) Any framework document published by the Chancellor of the Exchequer, the Crown Estate and the Commissioners must define ‘sustainable development’ for the purposes of this Act.

(3C) The definition under subsection (3B) must include reference to a climate and nature duty.

(3D) A ‘climate and nature duty’ means a duty to achieve any targets set out under Part 1 of the Climate Change Act 2008 or under sections 1 to 3 of the Environment Act 2021.”

This amendment would ensure that this act’s Framework Agreement must define “sustainable development”, and that the definition must include reference to a climate and nature duty.

[Melanie Onn]

It is a pleasure to serve under your chairmanship, Ms Furniss, and to speak to this amendment. Its intention relates to the additional funds that the Crown Estate will be able to unlock—something I welcome to improve investment in the country, rather than it being tied up by coming back into the Treasury to then be redistributed. It aims to ensure that there is an arrangement for funding from the Crown Estate, in projects and activities that it is already engaged in, to support the local regions where those are taking place.

It does not seem to me unreasonable that consider- ation should be given, as part of the Crown Estate’s considerations, to the UK’s net zero targets, as is expected of other organisations. Net zero is one of Government’s key missions, so to have some sympathy and some similarity in the way that organisations are expected to conduct themselves in relation to their overall objectives seems straightforward.

The amendment also adds the gentlest of additional check-ins for the Crown Estate to ensure that those wider community benefits that have the opportunity to generate lasting change in coastal communities are part of the Crown Estate’s considerations. There are so many benefits from this Bill—it is very welcome for that reason—and they should be specifically included.

[Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)]

The Crown Estate, until now, has made decisions on the leasing of the seabed based mainly on price and cost and nothing else. This Bill will change that by asking commissioners to “keep under review the impact of their activities on…sustainable development”.

Amendment 1 simply clarifies “sustainable development” and slightly expands on what that means for, for example, net zero targets and economic growth. I ask the Minister to consider that and to assure us that that is what the Bill is intended to do, and that it will be the progress and direction of the Crown Estate.

--- Later in debate ---

[James Murray]

As I mentioned, the definition of “sustainable development” will be published on Royal Assent. Perhaps we can return to any questions that the hon. Member may have on that definition at that point.

The fundamental point that I am seeking to make is about ensuring that the Crown Estate can operate effectively. By having clear and focused priorities, it will operate more effectively than having too many objectives, which end up meaning overall that it will perform less well in the public interest. As I have noted, the Crown Estate is a commercial business. It is independent of Government and operates for profit. Although it has goals that, under its own strategy, can align with national policy objectives, fundamentally, the 1961 Act grants the Crown Estate independence and autonomy.

The Government have accepted the amendment to require the commissioners to keep under review the impact of their activities on the achievement of sustainable development. However, expanding the Crown Estate’s core purposes in legislation, in particular with additional duties or objectives that may unnecessarily complicate or conflict with the achievement of the core commercial objective, would risk undermining that core objective being achieved.

Any actions that undermine the core commercial objective risk undermining the very funding that is used to support environmental and other policy objectives. The Government believe that the Crown Estate should continue to operate in this way—as a commercial business, independent of Government—because it has shown itself to be a trusted and successful organisation, with a proven track record and effective management.

As I noted, the Crown Estate is already a trailblazer in its efforts to tackle climate change and support the environment, and it is required to pay its profits into the UK Consolidated Fund each year. Furthermore, I confirm that the requirement under amendment 8 for any framework document between the Treasury and the Crown Estate to define sustainable development has already been agreed by the Government.

As confirmed on 5 November on Report in the other place, the public framework document that exists between the Treasury and the Crown Estate will be updated in the light of that amendment to clarify that “sustainable development” means regard for the impact of the Crown Estate’s activities on the environment, society and the economy. It will also make it clear that that regard includes, where relevant, consideration of relevant legislation, such as part 1 of the Climate Change Act 2008, which deals with the targets set for 2050, and section 56 of the Climate Change Act and sections 1 to 3 of the Environment Act 2021, which also deal with specific environmental targets. The framework document will also make it explicit that the Crown Estate will include in its annual report a report of its activities in relation to sustainable development. For those reasons, I trust that hon. Members will be able to withdraw their amendments.

[Melanie Onn]

I do not intend to press the amendment to a vote. I accept the point about the Crown Estate being a commercial business, but I am less persuaded that it is unable to cope with an additional objective. When I think about other organisations in the public sector and the number of objectives that we set for them, I am fairly sure that a commercial business has the wherewithal to be able to manage that. However, I accept the potential for an impact on the returns of that commercial business. The Minister has given indications regarding the annual report, and I hope that he will have heard today the determination of Members from coastal communities and the importance of this to them. He will be aware of the strength of feeling about the necessity of ensuring that we have real delivery and community benefits from the extended powers and facilities that we are providing to the Crown Estate.

We will not press the amendment to a vote, but, when it comes to accountability, we know where the Minister’s door is and I am sure we will happily knock on it should the need arise.

[The Chair]

Will Llinos Medi wish to press amendment 6 to a Division?

--- Later in debate ---

[Pippa Heylings]

We have received assurances that we will have the chance to discuss the sustainable development definition at the time of Royal Assent and that the framework document will pay due regard to climate and nature duties in relation to our targets for 2050 under the Climate Change Act and to our nature restoration duties under the Environment Act; that is good. I urge the Minister to consider that it is an economic choice to consider climate and nature up front, not only that we then raise the money to provide for environmental funding post operation. That is something that we should all embrace, in particular in the Treasury.

[Melanie Onn]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

Before we come to amendment 9, I impress on the Committee that this is grouped for debate only with new clause 10. Clause stand part will be debated next.