Environment Bill

Rebecca Pow Excerpts

Report stage & 3rd reading
Wednesday 26th May 2021 Commons Chamber

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

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment (a), in subsection 2(a)(ii), leave out “instead of” and insert “in addition to”.

Amendment (b), in subsection 2(a)(b), leave out “instead of” and insert “in addition to”.

Government new clause 22—Habitats Regulations: power to amend Part 6.

New clause 2—Assessment of Plans—

‘(1) The Conservation of Habitats and Species Regulations 2017/1012 are amended as follows.

(2) In Regulation 63 (Assessment of implications for European sites and European offshore marine sites) the following are amended—

(a) in paragraph (1) for “must” substitute “may”;

(b) in paragraph (3) for “must” substitute “may”;

(c) in paragraph (4) for “must” substitute “may”;

(d) omit paragraph (5) and insert “In the light of the conclusions of the assessment, and subject to regulation 64, the competent authority may take the assessment into account in deciding whether it will agree to the plan or project”; and

(e) in paragraph (6) for “must” substitute “may”.”

New clause 4—Protected species: Hedgehog—

‘(1) The Wildlife and Countryside Act 1981 is amended in accordance with subsection (2).

(2) At the end of Schedule 5 (Animals which are protected) insert—

[Rebecca Pow]

What a pleasure it is to be back to continue our consideration of this vital legislation, which will set us on a sustainable trajectory for the future. I know that so many colleagues have been looking forward to today with great anticipation, as indeed have I.

Although the journey of this Bill may have seemed a little lengthy, I assure the House that we have not been resting on our laurels. During this time, there has been a huge amount of constructive, dedicated work, and I will outline some of it: a draft environmental principles policy statement, which will guide the Government in applying environmental principles, was published for consultation on 10 March; and on 24 March we launched consultations on the deposit return scheme and the extended producer responsibility scheme for packaging, and these are two key initiatives in the resource and waste measures of the Bill.

We are working at pace to ensure that the Office for Environmental Protection will be operationally ready to stand up as soon as the Bill receives Royal Assent. We have also announced that new measures to reduce the harm from storm overflows on our precious aquatic environment will be added in the other place.

At this point, I pay tribute to my right hon. Friend the Member for Ludlow (Philip Dunne) for his dedicated work on this issue. It has been a tremendous joint effort.

[Catherine West (Hornsey and Wood Green) (Lab)]

Will the Minister also pay tribute to Surfers Against Sewage, which has done a marvellous job of lobbying and achieving a great outcome?

[Rebecca Pow]

I am pleased the hon. Lady made that intervention, because of course I would like to pay tribute to Surfers Against Sewage, which has played a key role in all this for such a long time. Coming from the south-west, as I do, I very much know about the good work done by Surfers Against Sewage.

Today we are debating the nature parts of the Bill, which provide a framework of measures to support nature’s recovery in line with the ambition set out in our 25-year environment plan.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

The Minister will know that England lags significantly behind the other countries of the UK on tree planting to help tackle climate change. She will also be aware that there is no ring-fenced component to the nature for climate fund for innovative, green-minded local authorities, such as my own in Harrow, to put in bids so that we, too, can play our part in increasing tree coverage.

[Rebecca Pow]

As the hon. Gentleman will know, or I hope he knows, we launched our tree action plan just last week. It sets out the raft of measures we will use to enable us to plant our commitments and target on tree planting, which is 30,000 hectares by the end of this Parliament. There are measures in the action plan, and we have allocated £500 million from the nature for climate fund, so I would say there is a huge commitment to tree planting in this country.

[Bob Seely (Isle of Wight) (Con)]

Will my hon. Friend give way?

[Rebecca Pow]

I am going to continue.

The Bill also contains a coherent package of new duties, tools and support to drive improvement for nature: a 10% biodiversity net gain requirement on new development; a strengthened duty on all public authorities to conserve and enhance biodiversity—they will be able to do a lot of the tree planting mentioned by the hon. Member for Harrow West (Gareth Thomas); local nature recovery strategies, which will form the building blocks for a much wider national nature recovery network; species conservation strategies and protected sites strategies to improve conservation outcomes for habitats and species; targeted measures to protect existing trees and plant new ones—back to trees again; and due diligence requirements to prohibit larger UK companies from including forest risk commodities in their supply chains.

[Jim Shannon (Strangford) (DUP)]

Will the Minister give way?

--- Later in debate ---

[Rebecca Pow]

I always give way to the hon. Gentleman.

[Jim Shannon]

The Minister is always very kind, which I appreciate very much. Amendment 41 would give enforcement powers to councils and local bodies with responsibility for planning to ensure that no illegal tree felling is allowed. Do the Government intend to support that amendment? I believe that the Minister and I both love trees and want to see plenty of them. Will that happen?

[Rebecca Pow]

If the hon. Gentleman stays in the Chamber, he will hear what I say about trees—

[Mr Speaker]

He doesn’t want to leave.

[Rebecca Pow]

Of course he doesn’t, Mr Speaker, and he won’t be able to now. I hope he will be pleased by what he hears about what we are doing to protect trees.

Finally in this toolbox of measures to improve nature, we have conservation covenants to protect natural features of the land for future generations. Just last week, we announced a raft of significant measures to further deliver for the environment, and I am absolutely delighted to say that we have committed to an historic new, legally binding target on species abundance for 2030, which aims to halt the decline of nature in England. We will table an amendment on that in the other place and we will set a final target in statute following the agreement of global targets at the UN conference on biodiversity in Kunming, in China, in autumn 2021.

It is essential that we seize this opportunity to set our ambitions high and take action to deliver them. I think it is clear in the Bill that we are doing that. That is why, in addition, I am pleased to propose two Government new clauses today—new clauses 21 and 22, which will not only help us halt the decline in species but drive recovery. New clause 21 provides for a power to refocus the Conservation of Habitats and Species Regulations 2017 to ensure that our legislation adequately supports our ambitions for nature, including our new, world-leading 2030 target to halt the decline of species. New clause 22 will allow us to amend part 6 of the 2017 regulations to improve the habitats regulatory assessment process. Where the evidence suggests that amending the regulations can improve the natural environment, make processes clearer and provide more legal certainty, to help improve the condition of our sites, we will have the means to do so swiftly.

[Theresa Villiers (Chipping Barnet) (Con)]

Will my hon. Friend give way?

[Rebecca Pow]

I will give way to my right hon. Friend, a former Secretary of State for Environment, Food and Rural Affairs.

[Theresa Villiers]

The Minister is very kind in giving way. Will she assure the House that the Government’s determination to restore peatlands will be an important part of meeting their new 2030 commitment on species conservation?

[Rebecca Pow]

I thank my right hon. Friend for giving me the opportunity to mention our peat action plan, which was launched just last week. Restoring our peatlands is a crucial part of improving nature. It is essential that we get the 30,000 hectares that we have pledged to restore restored. We have the funding and measures behind it to enable us to do that.

The hon. Member for Brighton, Pavilion (Caroline Lucas), who I do not see in her place in the Chamber—

[Mr Speaker]

She is online.

[Rebecca Pow]

Okay—I will look up at the video screens. The hon. Lady will say that we need to lock in the protections of the habitats and wild birds directive as they are now, but if we are to deliver on our ambitious new target and reverse the downward trend of recent decades, we need to change our approach, and we need to change it now.

Now that we have the leading framework and targets set out in the Bill, we need to take responsibility for delivering the change needed to achieve our world-leading environmental ambitions. We need to create space for the creative public policy thinking that can help us to deliver those results. To that end, we have designed the new Government amendment with the specific aim of conserving and enhancing biodiversity. Under new clause 21(10), the power to amend regulation 9 can come into force only from 1 February 2023, once we have set the biodiversity targets and conducted the first review of the environmental improvement plan, as provided for in part 1 of the Bill. We have also been explicit that powers can be used only if they do not reduce the existing level of environmental protection. We will closely consult conservation groups, the OEP and others.

The clause will also require us to explain to this House how the use of the power would maintain the level of environmental protections provided by the Habitats and Species Regulations before any regulatory changes are made, and of course the House will have the opportunity to vote on any reforms. In addition, my colleague Lord Benyon will also chair a small working group, comprising myself, Tony Juniper, the chair of Natural England, and Christopher Katkowski, QC, which will gather information on how we might utilise the powers enabled through our Government amendments. We will have our first meeting before the summer recess. The group will consider the technical detail and will gather evidence from experts and stakeholders. The Green Paper will then offer a further opportunity for stakeholders to feed back on the initial proposals for reform. We will consult the new OEP on any proposals we develop before any regulatory changes are made.

On habitats protection, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), whom I am so pleased to see in his place, is right to raise the important issue of the protection of species such as the hedgehog. We all love a hedgehog, don’t we? I have released lots of rescued hedgehogs into my garden. The existing legislation focuses on deliberate harm against species, which, on its own, does not properly address the real challenges faced by species whose numbers are declining, such as the hedgehog. It is a priority for us to provide the legislative protections and policy interventions needed for our wildlife, including for declining species such as the hedgehog, and to deliver our 2030 target on biodiversity. He will therefore be pleased to learn that I have instructed my Department, as part of our Green Paper, to begin a review of this legislation, with a view to enhancing and modernising it. We intend to publish and seek views on our conclusions in the Green Paper later this year, and I give him an absolute commitment that this work will encompass the issues that he has raised and that I know he will be speaking about today, and that the final outcomes will ensure that we provide the kind of support that is desperately needed to reverse the decline in hedgehog numbers. I thank him in advance for championing this cause, because the hedgehog needs a champion.

Along with climate change, biodiversity loss is the defining challenge of our generation. Ensuring our protected sites can be restored to good condition, functioning properly as reservoirs for wildlife, and protecting our most vulnerable habitats and species is crucial to delivering on our environmental ambitions.

[Bob Seely]

I congratulate the Minister on seeking to improve that Bill, as that is excellent. Four amendments have been tabled—two by me, one from my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and one from my right hon. Friend the Member for Basingstoke (Mrs Miller)—that address specifically tree preservation orders, more protections and closing loopholes for sites of special scientific interest. Will the Government listen closely to those amendments? If they think they are worthy of support, as I think they are, will they please incorporate them or ensure that they are incorporated in the other place?

[Rebecca Pow]

I thank my hon. Friend for that. I know that there are a lot of strong advocates for trees. We have some very strong measures in the Bill, as I hope he will already know—we have worked very hard on our tree protections. We believe that they, in conjunction with our tree action plan, mean that we have very strong measures for trees, but, obviously, we are always open to hear what colleagues have to say, because we have to look after and indeed increase our tree planting.

As I was saying, our ambition goes much wider than just existing protected sites; we want to see a much more abundant nature-rich Britain, with further action to bend the curve on species loss in this country. These powers to redesign our conservation regulations with these ambitions in mind form part of our plan to restore and enhance nature in this country. It is a must do, and we will do it. I commend these amendments to the House.

[Mr Speaker]

Before the shadow Secretary of State rises to speak, let me remind Members that the time limit on Back-Bench speeches is four minutes, as we have a lot of interest in this important Bill.

--- Later in debate ---

[Wera Hobhouse (Bath) (LD)]

We cannot continue to take nature for granted. This pandemic has highlighted the importance of nature for our physical and mental wellbeing. It has also exposed the inequalities that exist, as so many families do not have close and easy access to open green space. The UK is one of the most nature-depleted countries in the world: 14 of 24 biodiversity indicators show long-term decline; 41 of the UK’s species have declined, with 15 at risk of extinction; and 0% of England’s waters are now classed as in good health, compared with 16% in 2016.

The Government have failed on nearly all the UK’s commitments on nature made in 2010. They have failed on the health of our rivers, lakes and streams. We must take every opportunity to address the UK’s ecological crisis without delay. We need a strategy for doubling nature. The Environment Bill is an opportunity to do just that, but it needs to be much stronger. As it stands, the duty to use local nature recovery strategies is much too weak. I urge colleagues on both sides of the House to support amendment 29, which was tabled by my hon. Friend the Member for Richmond Park (Sarah Olney). This amendment would give teeth to the local nature recovery strategies, because it ensures that biodiversity will be embedded in all public authority decision making. Like climate action, biodiversity gains begin at home. Liberal Democrat councils across the country are fighting to do just that.

There are very simple things that can help. In Bath and North East Somerset, for example, we have introduced a strategy whereby we just do not mow grass verges in order to allow flowers and blooms to spread. Local authorities are best placed to understand the needs of their communities and landscapes, and we must give them the powers and resources they need to help the UK to tackle its nature emergency.

[Rebecca Pow]

I thank all hon. Members who have tabled amendments. However, the shadow Secretary of State, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), in his tirade at the beginning seemed totally unaware of just how many measures this Bill will introduce to look after and protect our environment, the countryside and nature. It truly is a landmark Bill. I will give him some quotes from environmental non-governmental organisations just last week: Greener UK said this was a “watershed moment for nature”; the RSPB applauded us for taking this “ambitious step”; and Countryside Link called this

“a tremendously important milestone toward world-leading environmental law”.

I think the shadow Secretary of State has been under a stone like some rare species. I would like to drag him out into the light so that he is able to appreciate what we are doing, like so many colleagues here today who have all grasped it, including my hon. Friends the Members for Hertford and Stortford (Julie Marson), for North Norfolk (Duncan Baker), for Rushcliffe (Ruth Edwards), for Derbyshire Dales (Miss Dines), for Truro and Falmouth (Cherilyn Mackrory), for Ynys Môn (Virginia Crosbie), for Stroud (Siobhan Baillie), for Warrington South (Andy Carter), for West Aberdeenshire and Kincardine (Andrew Bowie) and for Keighley (Robbie Moore).

I do not have much time, but I am going to touch on as many points raised in this debate as I can. I ask Members please to come and see me if I have not managed to address their points. I turn first to amendment 22, which is in the name of the hon. Member for Newport West (Ruth Jones). Setting a minimum duration in law would deter developers and other landowners from offering land for habitats. Furthermore, this amendment would risk creating permanent obligations to maintain particular types of habitat that may not be resilient to future ecological or climate changes.

I thank my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) for applauding our nature target, and totally agree that international action is imperative so that we show that we are leading the way, particularly with the CBD.

I turn to new clause 16. I can reassure my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) that the Environment Bill lays the foundations for environmental protection that will be supported by the Planning Bill. Our planning for the future White Paper reiterates our strong commitment to biodiversity net gain. I also reassure her that in line with our manifesto commitment, existing policy for greenbelt protection will remain.

Amendment 29 would risk limiting the decision-making direction of public authorities with regard to local nature recovery strategies. It would be unreasonable for national bodies such as Network Rail or Highways England to be required to comply with many strategies. In fact, this amendment could, perversely, result in lower environmental ambition.

My right hon. Friend the Member for Basingstoke (Mrs Miller) rightly brings the issue of illegal tree felling into this debate through amendment 41. The Bill does provide a deterrent to the illegal felling of trees by introducing unlimited fines and making tree restocking orders a local land charge. It will close a loophole raised by so many Members, including my hon. Friend the Member for Isle of Wight (Bob Seely).

I turn to the tree strategy in particular and new clause 25. I am pleased to report to the House, as I have already mentioned a number of times, that we launched our trees action plan just last week, and that renders this new clause completely unnecessary.

Let us turn now to hedgehogs, of course. I keenly support the intention of new clause 4, which was tabled by my right hon. Friend the Member for Epsom and Ewell (Chris Grayling). Although I cannot accept the amendment, I hope that he is reassured by the commitments I made earlier. I fully reiterate his comments about the importance of habitats. My hon. Friend the Member for Stafford (Theo Clarke) also rightly raised the issue of hedgehogs.

New clause 2 would significantly reduce existing protections and remove the duty on decision makers to reject plans or projects that could harm protected sites.

I must touch on the due diligence clause mentioned by so many people, including the hon. Members for Bristol East (Kerry McCarthy), for Blaydon (Liz Twist) and for St Albans (Daisy Cooper). The Environment Bill will benefit nature not just abroad, but internationally.

On amendments 26 and 27, I completely agree with my hon. Friend the Member for Tiverton and Honiton (Neil Parish)—happy birthday, by the way—that deforestation must be tackled if we are to achieve our climate and biodiversity targets, and legality is at the heart of our requirements.

In conclusion, new clauses 21 and 22 introduce powers that will restore protected sites to good condition and they are critical for the Government. This Government are clear about their commitments on the environment, and I hope I have been able to assuage the concerns of all Members who have tabled amendments today.

Question put and agreed to.

New clause 21 accordingly read a Second time, and added to the Bill.

--- Later in debate ---

[Jim Shannon]

Thank you, Madam Deputy Speaker. It is not often that four speakers ahead of me drop out; does that mean that I have 20 minutes to speak? I know the answer to that—you don’t have to tell me.

I am really pleased to speak on a matter of such importance. We have to get this right from the outset. I welcome the commitment of the Minister and the Government to the Bill. I was extremely pleased to see enhanced measures in the Queen’s Speech, as anything that we can do to enhance the impact of the Bill is welcome.

We have a responsibility to the generations that follow to be the gatekeepers—to instil in them a passion for our environment and a duty to be the best we can, even if it means that life is a little bit tougher. Whether our rubbish sorting takes longer, whether we spend longer at the recycling centre or whether we must leave goods to a local charity shop, we must all play our role. I remember very well when my council went into recycling and many people objected to it—probably just for the sake of objecting—but today every one of us energetically and physically recycles all the products in our house: everything that should be, in the blue bin; glass in the glass bin; the grey bin for the ordinary stuff that we had before; and the brown bin for the stuff that goes elsewhere.

I want to ask two questions. The Government’s role is to provide a Bill that enforces statutory obligations and bodies, and I support them in that aim. I was contacted by the Law Society, which has raised some concerns in reference to clause 22 that I wish to outline. It says that the appointments process for the chair and non-executive members should be strengthened so that the Secretary of State does not have sole authority over appointments. The Law Society welcomes the proposed OEP, which must play a central role in ensuring that institutions and organisations, including Government Departments, meet their environmental responsibilities. In order for the OEP to be effective in fulfilling this role, it is essential that it is fully independent from the Government.

The Government have stated that they intend the OEP to be an independent authority that is capable of holding the Government to account. If that is the case, it is exactly what the Law Society wishes to see; however, the Law Society is concerned that certain provisions for the OEP in the Bill could impinge on its independence and potentially undermine its ability to carry out its functions effectively. Will the Minister say whether issue has been addressed to the Law Society’s satisfaction?

Next I wish to speak about an issue that has not come up yet—well, it has come up in respect of the introduction, but my suggestion has not. I do not expect the Minister to endorse my request right away. It is an unusual request but one in respect of which my local council back home has brought in a pilot scheme, and I feel it is important. The carrier bag scheme run by the Government here and all the regional Governments was exceptional and it has done great stuff. It brought in a revenue fund that could then be used for different projects across the whole area.

I have a genuine request to make, on behalf of constituents who have spoken to me, for a scheme for the use of single-use nappies. I bring this request forward because of the figures, which show that around 3 billion single-use nappies are thrown away annually in the UK, costing local authorities some £60 million per year. I have three grandchildren under the age of two, so perhaps my two daughters-in-law are in that category. As we know, the vast amounts of raw materials used for production and disposal means that the life-cycle of a nappy can generate as much CO₂ as 15,000 plastic bags and around half a tree in fluff pulp per child.

I bring this request forward because reusable nappies use 98% fewer raw materials and generate 99% less waste. They deliver savings of more than £1,000 for parents. My local council back home, Ards and North Down Borough Council, brought in a pilot scheme. Is it possible that by providing starter packs to parents, we may be able to encourage those who are able to do so to take up this way of helping the environment? We could use this legislation to encourage the Government, the regional Governments and others to provide the funding packages to encourage the use of reusable nappies for those who want to do it but do not know how and when to start that journey. It might not be something that the Minister can do today, but perhaps she can give us some encouragement that it might happen.

[Rebecca Pow]

I again thank all Members who tabled amendments and who contributed to this afternoon’s debate, demonstrating yet again the strength of feeling and the desire to improve and enhance the environment through this landmark Environment Bill. I can only say that I was slightly disappointed that the shadow Minister, the hon. Member for Newport West (Ruth Jones), did not quite seem to grasp the Bill’s intricacies, which together will provide such a framework to protect the environment, but I know, because she was a great Committee member, that in her heart of hearts she really does support the Bill.

I thank my hon. Friend the Member for South West Bedfordshire (Andrew Selous), who raised many issues that which will be tackled in the Bill, not least through the electronic tracking of waste. I hope that my hon. Friend the Member for Southend West (Sir David Amess) welcomes the nature target that we have just announced and the measures on biodiversity net gain, all of which will help to achieve the things he is so proud of and pushing for. I thank the hon. Member for Leicester East (Claudia Webbe) for her comments. I assure the hon. Member for Strangford (Jim Shannon) that we are indeed exploring reusable nappies. I certainly used them for one of my children and we are looking at their use, so I thank the hon. Gentleman for his suggestion.

Let me turn to new clause 12, on shale gas extraction. The Government set out their position in full via a written statement to the House on 4 December 2019. The Government will take a presumption against issuing any further hydraulic fracturing consent. That sends a clear message to the sector and to local communities that, on current evidence, fracking will not be taken forward in England. The moratorium will be maintained unless compelling new evidence is provided that addresses the concerns about the prediction and management of induced seismicity. Such evidence has yet to be presented and the moratorium remains. I thank my hon. Friend the Member for North East Derbyshire (Lee Rowley) who, with all his knowledge, spoke with such authority on the subject. I could not have put the case better myself. He stressed what a game the Opposition were playing in tabling the new clause.

On new clause 19, tabled by my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), and new clause 28, tabled by my hon. Friend the Member for West Dorset (Chris Loder), although we are sympathetic to the principles of the sustainability of labelling, existing voluntary schemes already provide consistent and recognised tools that consumers can use to reduce their environmental impact when purchasing food.

However, I would like to give assurances that we are working with industry and the Competition and Markets Authority on plans to produce guidance to businesses on how best to improve their transparency in relation to claims about environmental impact. We will also investigate opportunities to review other aspects of food labelling when we have the outcomes of Henry Dimbleby’s independent review of the food system in the early summer and then the food strategy White Paper from the Government within six months.