Crown Estate Bill [Lords]

Pippa Heylings Excerpts

Report stage
Monday 24th February 2025 Commons Chamber

[Pippa Heylings (South Cambridgeshire) (LD)]

I extend my thanks to colleagues in the other place, the Public Bill Office staff and those in this House who served on the Bill Committee. Their efforts have been invaluable in scrutinising and refining the Bill. I support the Bill. However, the Liberal Democrat amendments seek to ensure that it delivers for both people and the planet. While the Bill presents opportunities—it aims to enhance energy security, create new jobs and bring us closer to achieving our climate targets—we must not lose sight of the need for financial accountability, proportionate borrowing caps, the duty to protect nature in the marine environment and the necessity of taking communities with us and providing them with clear, tangible benefits.

It is important to note that our discussion coincides with the third anniversary of Russia’s invasion of Ukraine and its consequences not only for the Ukrainians suffering the war, but for families here in the UK with volatile, skyrocketing energy prices due to our reliance on fossil fuels from authoritarian regimes like Putin’s: a stark reminder of the need to secure the production of our energy here in the UK. The last Conservative Government set the UK back both in meeting our climate targets and in seizing the opportunity to be global leaders in green energy due to indecision and broken pledges. We have the chance to be global leaders in offshore floating wind, which is why the Bill is so important.

I speak to amendment 2 to clause 3, which I hope we will vote on tonight. It would ensure that sustainable development was clearly defined in the Crown Estate’s framework agreement, explicitly including a reference to a climate and nature duty. The Crown Estate plays a crucial role in managing our land, seas and natural resources. It is central to offshore wind expansion, biodiversity conservation and sustainable land use. Given its influence, merely requiring its commissioners to “keep under review” their impact on sustainable development is insufficient without a clear definition and accountability of what that entails, as the hon. Member for Mid and South Pembrokeshire (Henry Tufnell) mentioned. That is key to ensuring that there are social and economic considerations in all investments and that the costs and benefits—in particular to local communities and local economies—are taken into consideration.

The amendment builds on Baroness Hayman’s concession in the other House. She said:

“What matters is the impact we have and how much we have shifted the dial in terms of what the Crown Estate achieves in support of the Government’s climate and nature objectives.”—[Official Report, House of Lords, 5 November 2024; Vol. 840, c. 1448.]

By clearly defining sustainable development in the Crown Estate’s framework agreement, the amendment would establish a benchmark for accountability in line with existing legislation. In contrast with the amendment tabled by the hon. Member for Mid and South Pembrokeshire, this amendment mentions nature, too, and builds on the agreements in the other House. It seeks to enshrine the assurances given to the Lords, ensuring that the framework agreement would indeed include a climate and nature duty, aligning the Crown Estate’s responsibilities with the UK’s legally binding climate targets under the Climate Change Act 2008 and nature restoration goals under the Environment Act 2021. It is about more than environmental stewardship; it is about future-proofing the Crown Estate’s decisions against the economic risks of climate change and nature loss.

I strongly support new clause 3, which would ensure that the Bill brought local communities along with it. That is essential. We tabled the new clause to guarantee that coastal and rural communities would see real benefits from Crown Estate activities. It would require a proper assessment of community benefits before investment decisions are made, and mandate that at least 5% of net profits be reinvested in affected areas.

Coastal communities need to see both jobs and a fair financial return from large-scale developments around them and off their shores. The Crown Estate generates billions from offshore wind, marine industries and land developments, yet local people often see little direct benefit. The new clause would redress that imbalance, ensuring that such communities impacted by change actively benefit from it. It is about fairness and economic regeneration. If the Government are serious about levelling up, they should back the new clause, which would ensure that the Crown Estate’s success was shared by all, not just a privileged few.

We have other amendments, too—we were busy in Committee. New clause 2 focuses on marine spatial planning co-ordination and would ensure that the Crown Estate duly collaborated with the Marine Management Organisation, which has the mandate to make decisions about marine spatial planning, and that fishing communities were fully consulted. That aligns with work going on for years as Liberal Democrats have called for comprehensive land and sea use frameworks to resolve conflicts, determine priorities and improve co-ordination. With growing pressures from offshore wind, marine conservation, fishing and tourism, decision making must be joined up. Marine plans balance economic, environmental and social interests.

The Crown Estate must work closely with the Department for Environment, Food and Rural Affairs’ marine spatial prioritisation framework and the MMO’s expertise, as well as other relevant consultees such as heritage. The Government amendment requiring ministerial approval for seabed sales is an important and positive step, recognising its national importance. However, that highlights the broader need for transparency and oversight in marine planning. The new clause seeks to avoid potential conflicts of interest in prioritising and decision making arising from the Crown Estate’s new borrowing and investment powers.

Members may have noticed a theme running through the Liberal Democrats’ amendments: that of ensuring that local communities both benefit from and have a real say in decisions that will affect them as a result of the Bill. That is why we have also tabled new clause 4. While the appointment of commissioners for Wales, England and Northern Ireland is a positive step, Wales still lacks the legal and financial control over the Crown Estate that Scotland enjoys. Welsh communities must also stand to benefit from the changes introduced by the Bill.

I hope that the Government and the Opposition will join the Liberal Democrats in supporting amendment 2 to ensure that sustainable development within the Crown Estate’s framework agreement is clearly defined and includes a climate and nature duty. The Bill presents a trident of opportunity—it can enhance energy security, create jobs and bring us closer to achieving our net zero targets—but we cannot afford to lose sight of the need for financial accountability, the duty to protect nature, and the need to ensure that all communities are included in the crucial journey to net zero.

[Mrs Sureena Brackenridge (Wolverhampton North East) (Lab)]

The Bill is not just about numbers on a spreadsheet. Ultimately, for my constituents, it is about jobs, opportunities and a better future for places like Wolverhampton North East. Right now, the Crown Estate is held back by outdated rules that limit its ability to invest. It is forced to sell assets just to raise capital. That is not sustainable, and it is stopping us from reaching our full potential.

The Bill changes the game, giving the Crown Estate the power to borrow, invest and back long-term projects that deliver real benefits for our communities. Wolverhampton North East is ready to seize those opportunities. With our forthcoming green innovation corridor, world-class manufacturing industry and skilled workforce known for its true graft, we are perfectly placed to drive the UK’s green economy.

The Bill means more funding for renewable energy, more investment in advanced manufacturing and more demand for the products we make in Wolverhampton and Willenhall. More investment means more jobs, more apprenticeships and more chances for young people to get the skills they need to build a career in the industries of the future, whether in engineering, fabrication or high-tech manufacturing. The Bill will help us to build more, make more and sell more in Wolverhampton and Willenhall, right in the heart of the Black Country.

The unprecedented £60 billion partnership between Great British Energy and the Crown Estate will supercharge offshore wind development, creating huge opportunities for our local businesses. This is not just about turbines on land or at sea—we know that Wolverhampton and Willenhall are not geographically suitable for offshore wind—but about the supply chains, the manufacturing and the innovation that we can drive in towns and cities like Wolverhampton and Willenhall.

--- Later in debate ---

Furthermore, in 2020 the Crown Estate and the Marine Management Organisation jointly agreed a statement of intent, which is reviewed periodically to provide a focus on priorities and opportunities for alignment. That statement of intent complements a memorandum of understanding agreed in February 2011, which sets out a framework to encourage co-operation between parties in relation to the sustainable development of the seabed and rights managed by the Crown Estate.

[Pippa Heylings]

We will not be pressing this new clause to a vote, but the new investment and borrowing powers change the context for the 2020 memorandum of understanding. I ask for reassurance that we might seek a new memorandum of understanding between the Marine Management Organisation and the Crown Estate.

[James Murray]

I thank the hon. Member for her intervention. As I said, the Crown Estate and the Marine Management Organisation agreed the statement of intent in 2020, and it is reviewed periodically to focus on priorities and opportunities for alignment. That may provide an opportunity for review in due course to ensure that it meets current aims.

In addition to the Crown Estate’s relationship with the Marine Management Organisation, there are various regulatory requirements on developers who lease areas of the seabed from the Crown Estate to engage with the Marine Management Organisation themselves. Those include requirements through marine licensing. Developers must obtain marine licences from the Marine Management Organisation for activities that could impact on the marine environment. That process involves consultation with statutory bodies and adherence to marine plan policies.

As part of a marine licence application, developers must conduct environmental impact assessments for projects that could significantly alter the environment. That includes consultation with the Marine Management Organisation and other relevant authorities. Developers are furthermore encouraged to engage with local communities, statutory bodies and other stakeholders throughout the planning and development process to address concerns and ensure compliance with marine plans. I welcome the indication from the hon. Member for South Cambridgeshire that she feels able to withdraw the new clause, and I hope I have gone some way to addressing the points that she made.

New clause 3, which was also tabled by the hon. Member, would require the commissioners to assess plans for benefits to local communities and coastal communities in respect of offshore activities before making any investment decisions. It would also require the commissioners to transfer at least 5% of the Crown Estate’s net profit to local communities impacted by its activities. As I set out in Committee, local communities benefit economically from onshore and offshore developments—for example, through job creation and increased business for local suppliers. Local communities will also benefit in the long term as the country transitions away from volatile fossil fuel markets towards clean, domestically produced power, enhancing Britain’s energy independence and security.

As I highlighted in Committee, the Crown Estate has specifically designed the leasing process for its offshore wind leasing round 5 in the Celtic sea to require developers to make commitments to deliver social and environmental value. Tender bidders must think about how their developments can encourage healthier, more resilient and more prosperous communities, creating lasting benefits that extend beyond the lifetime of wind farm leases. Those commitments will be monitored, reported on and enforced throughout the lifetime of the relevant round 5 developments.

As I have laid out before, the Crown Estate is committed to proactively working with local communities and partners to enable employment and skills opportunities. As I mentioned in Committee, it has invested £50 million through the supply chain accelerator to stimulate green jobs and develop a green skills pipeline. It is supporting development in the skills we need for the future, through measures that range from a GCSE in engineering skills for offshore wind, seed-funded by the Crown Estate and developed with Cornwall college, to a post-16 destination renewables course with Pembrokeshire college. It is also partnering with the employment charity Workwhile to create green construction apprenticeships.

The Crown Estate already works closely with communities, charities, businesses and the Government to ensure that its skills initiatives are sensitive to market demands and emerging technologies. While I respect the concerns reflected in new clause 3, the Government consider it important that the Crown Estate retains flexibility in how its skills initiatives are funded and delivered. That enables it to contribute to skills training in the best possible way, while—importantly—not conflicting with its statutory duty to maintain and enhance the value of the estate. On that basis, I hope that the hon. Member for South Cambridgeshire feels able to withdraw the new clause.

New clause 5 seeks to limit the ability of the Crown Estate to dispose of assets without Treasury approval, by requiring it to seek consent for disposals of assets totalling 10% or more of its total assets in a single year. It would also require the Chancellor to lay a report before Parliament within 28 days of being notified of disposals above that threshold. As the Government have set out both in Committee and in the other place, in our view imposing a limit on disposals would undermine the flexibility needed to enable the Crown Estate to operate commercially and meet its core duties under the Act. It is important to emphasise that the Bill is not intended materially to alter the independence of the Crown Estate. Requiring the Treasury to approve the Crown Estate’s ordinary business transactions, which may well be caught by the new clause, would encroach on the independence of the Crown Estate. That is inconsistent with the Government’s vision for the Crown Estate.

The hon. Member for North West Norfolk (James Wild) has concerns that the Crown Estate could choose to sell off critical or significant assets—indeed, he raised that point in Committee. I reassure the House that strong safeguards are already in place to ensure that the Crown Estate maintains and enhances the estate. The first is a legislative safeguard, namely the statutory duty on the Crown Estate to maintain and enhance the value of the estate, and the returns obtained from it, while having due regard to the requirements of good management. Those are set out in the Crown Estate Act 1961 and will remain unchanged by the Bill. The second is a requirement set out in the framework document that governs the relationship between the Treasury and the Crown Estate. That document is clear that the Crown Estate should inform the Treasury of any matters concerning spending, income or finance that are novel, contentious or repercussive. The Government’s view is that that captures any proposed sales of nationally significant assets—a point the shadow Minister raised. I recognise that he may not agree, but I hope he understands the Government’s position on the matter and, as a result, feels able to withdraw his new clause.

The shadow Minister also tabled new clause 6, which would require the Chancellor to lay before Parliament any partnership agreement between the Crown Estate and Great British Energy. As I made clear in Committee, partnership agreements are highly commercially sensitive. It is therefore right that any agreement is not made public or laid before Parliament, as to do so would likely prejudice the commercial interests of the Crown Estate or Great British Energy. I hope the hon. Member feels that he does not need to push the new clause to a vote.

I will consider amendments 1 and 4 together to try to make progress as speedily as I can, Madam Deputy Speaker. They would impose a legislative limit on the amount of borrowing that could be undertaken by the Crown Estate, and both would require the Government to introduce affirmative regulations, setting out a borrowing limit of no more than a 25% net debt-to-asset value ratio. I thank hon. Members for their contributions on this matter. The Government recognise that borrowing controls are an important consideration for the Bill. As such, the Government made available the Crown Estate’s business case, as well as the underpinning memorandum of understanding, which sets out the guardrails that will protect against uncontrolled or excessive borrowing. The key principle is whether a specific limit should be set in legislation. As I have set out previously, it remains the Government’s view that limits on borrowing are best set outside of legislation in a memorandum of understanding.

I have listened to the point made by the hon. Member for North West Norfolk that a limit outside legislation can be easily changed, but I reassure the House that the Bill has been carefully drafted to include strong controls, specifically the requirement for Treasury consent. Alongside that, the existing requirement for the Crown Estate to maintain and enhance the value of the estate, while having due regard for the requirements of good management, is maintained. Taken together, those elements provide clear guardrails around the ability of the Crown Estate to borrow.

Amendment 2, tabled by the hon. Member for South Cambridgeshire, would require any framework document published by the Chancellor of the Exchequer, the Crown Estate or the commissioners to define “sustainable development”. That definition would be required to include a reference to a “climate and nature duty”, which would mean

“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.”

As I set out in Committee, the Government understand the intention behind amendment 2, but a key purpose of the 1961 Act was to repeal various detailed statutory provisions that had built up over the previous 150 years, which were hampering the effective management of the estate. By focusing the commissioners’ duties on enhancing the estate’s value and the returns generated, the commissioners have a clear objective on which they can be held to account. It is an important principle that giving an organisation too many objectives will make it far less effective than giving it clear and focused priorities, and, as I set out in Committee, the Crown Estate is a commercial business, independent from Government, that operates for profit. That mandate is unchanged by the Bill—[Interruption.]

I am getting vibes from the Whip, Madam Deputy Speaker, so I might not respond as fully as I had hoped to some of the remaining amendments. However, I will address amendment 5, which I know matters to several Labour Members who have spoken to it. Amendment 5, tabled by my hon. Friend the Member for Mid and South Pembrokeshire (Henry Tufnell), would require the commissioners, when keeping the impact of their activities under review with respect to clause 3, to have regard to the UK’s net zero targets, regional economic growth and resilience of energy security. I thank my hon. Friend for the discussions that he and I had on this topic both before Committee and last week. A version of the amendment was debated in Committee. I particularly thank my hon. Friends the Members for Truro and Falmouth (Jayne Kirkham), for St Austell and Newquay (Noah Law) and for Camborne and Redruth (Perran Moon) for engaging with me on this matter, and setting out so clearly what is important to them in the constituencies they represent.

Although I understand the sentiment behind my hon. Friend’s amendment, it is perhaps helpful to set out the context behind clause 3. The clause was supported by the Government in the other place, as it sought to clarify and enhance the accountability of the Crown Estate to deliver on environmental, social and economic outcomes. Clause 3 will require the commissioners to keep under review the impact of their activities on the achievement of sustainable development in the United Kingdom. I emphasise that the public framework document, which governs the relationship between the Crown Estate and the Treasury, will be updated in light of that clause, and will include a definition of “sustainable development”, as I have set out several times. The Crown Estate will continue to include information on its activities in its annual report, which is laid before Parliament. The Government’s intention throughout the passage of the Bill has been to ensure that it can stand the test of time without need for regular updates. That, in part, is why the term “sustainable development” was adopted.

I hope I have addressed some of the concerns raised by hon. Members, although I regret I was not able to address all the amendments with quite the level of detail I had hoped. As I made clear earlier, the Government have carefully considered all amendments throughout the passage of the Bill, and I hope that hon. Members will understand the approach we are taking. I thank my hon. Friends the Members for Reading Central (Matt Rodda), for Wolverhampton North East (Mrs Brackenridge), for Harlow (Chris Vince), and for Rushcliffe (James Naish) for powerfully setting out the benefits that the Crown Estate and measures in the Bill will provide to people in their constituencies and across the country. I hope all hon. Members will understand the approach we are taking, and support our targeted and measured changes to ensure that the Crown Estate is able to operate independently, commercially and in the national interest.