Animal Welfare: Tourist Attractions, Activities and Experiences

Baroness Parminter Excerpts

Monday 20th June 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the kept animals Bill is making its way through the process. It is still in the other place; it will be coming here shortly—I am afraid that I do not know the date, but there is no reason to believe that things are held up. However, the scope of the kept animals Bill would not include measures such as the one we are debating today, nor would it involve restrictions on imports. That would belong in a different legislative vehicle, formerly known as the animals abroad Bill, which we debated in Questions last week.

[Baroness Parminter (LD)]

My Lords, the Minister in his opening remarks referred to commitments to the highest standards at home as well as abroad. What plans do the Government have to comprehensively ban the sale of pets as prizes in England?

[Lord Goldsmith of Richmond Park (Con)]

As the noble Baroness will know, in the kept animals Bill that we were just talking about, there will be measures to prohibit the keeping of primates as pets. That will, I think, be a first within Europe, and it will be comprehensive legislation. Defra has commissioned some work on the issue of pets being handed out as prizes. I cannot give her a timeline on that, but it is an issue that we are looking at very closely.

Climate Change: COP 26

Baroness Parminter Excerpts

Thursday 18th November 2021 Lords Chamber

[Baroness Parminter (LD)]

My Lords, I thank the noble Baroness, Lady Young of Old Scone, for providing us with the opportunity to reflect on the outcomes of COP 26 and for her superb introduction to this debate.

Incremental progress was made at COP 26, but it was certainly not in line with the urgency required. Like the noble Baroness, I applaud the efforts of Alok Sharma and other government Ministers. It is fair to acknowledge that the outcomes expose the challenges of securing a global deal. But you did not need to be in the blue zone, like me, hearing the delegates from Palau and Tuvalu, or on the climate justice march on the streets of Glasgow, to know what the outcomes of this COP 26 will mean. The resulting frustration, anger and incredulity at the pace of progress are indeed warranted.

Given the length of time that we have, I have two questions for the Minister. First—this follows on from one of the noble Baroness’s remarks—what will the Government do for the duration of their presidency of the UNFCCC to get us back on track for 1.5 degrees? Clearly, we have to double down on diplomacy, and I am sure that his department will lead that effort, but building back trust will be critical.

I am sure that other noble Lords will mention how the cutting of the 0.7% aid budget hurt trust in the run-up to COP 26 and whether that will be re-established in the forthcoming year. They may mention, as the noble Lord, Lord Deben, has suggested, a bold move, such as the Government joining the Beyond Oil and Gas Alliance, launched by Costa Rica and Denmark.

However, I want to raise just one point on what they are going to do in their presidency, which is the imminent opportunity in the next few weeks at the WTO 12th ministerial conference in Geneva. We know that trade rules are one of the strongest mechanisms to create the conditions to push climate laggards and get them to act. Are the Government pushing for a multilateral statement on trade and climate goals or a commitment to a new work programme and dedicated discussions on integrating climate goals and the global trade system at the WTO 12th ministerial conference?

Secondly, I ask the Government: how are we going to meet our own pledges, given that we are not currently on track for our own climate carbon budgets in the 2020s? On the eve of COP 26, our House of Lords Select Committee on Environment and Climate Change wrote to Alok Sharma on the evidence that was provided by Ministers and the departments that not all departments are sufficiently embedding climate change into their policy-making processes and, further, that the mechanisms that the Government have to hold them to account—the two Cabinet committees—are just failing. Will these committees carry on post COP 26, or are there any further measures to hold the departments to account? There seems to be, from the evidence we were provided, insufficient staff and resources in individual departments to embed climate change, in addition to the net-zero test that noble Baroness, Lady Young, so ably mentioned. If we do not have enough staff and resources then we will keep getting perverse decisions, such as having a heat and buildings strategy that does not have any new policies for insulating homes, or cutting air passenger duty on domestic flights. They not only undermine our own climate pledges but stop our ability to call on other countries to up their pledges.

Finally, we all accept that it is not just state actors who can get us from where we are now to 1.5 degrees; all of us need to play our part. As the Climate Change Committee said, 60% of the change required needs to come from behaviour change—what we eat, how we heat our homes, how we fly. I am therefore delighted to say that this House’s Environment and Climate Change Committee has launched this week an inquiry on behaviour change, so that we can use this moment of impetus for climate change to encourage people to make the changes and get the policies that we need to deliver it.

Environment Bill

Baroness Parminter Excerpts

Consideration of Commons amendments
Tuesday 9th November 2021 Lords Chamber

[Baroness Parminter (LD)]

My Lords, I echo the comments of the noble Lord, Lord Cormack, with regard to the Minister and his team’s unfailing co-operation and ambition for the Bill, which is the most important Bill on the environment that we have seen in this country for at least the last 30 years. When it came to us at Second Reading, all of us welcomed it but said that it needed to go a lot further. It would be churlish not to reflect on the fact that it has gone somewhat further, if not as far as most of us—perhaps including the Minister—hoped we might be able to achieve.

On the three final hills on which we have chosen in this House to fight today, we are in the position of having to accept that we are where we are, given the majority of the Government on the other side. On the amendment in the name of the noble Lord, Lord Anderson—he has indeed been a champion redoubtable—on pushing for remedies for the OEP, that is an incredibly important issue and it is of deep regret that it will not go into the Bill. However, I hope, like I am sure other Members around this Chamber, that the assurances that the Minister has given today can bear fruit should there be—as I am sure there will—instances in the future in the courts as these issues are challenged.

On the independence of the OEP, on which the noble Lord, Lord Krebs, led so skilfully on behalf of this House, he is right to say that the Government seem to have an umbilical attachment to not wishing the OEP to have the independence that absolutely all in this House agree that it should. It is of deep regret that that has not made its way into the Bill. However, I think all of us in this House have confidence in the current holders of the OEP, and we hope that they will use the discretion given by Rebecca Pow in the other place so that they are not bound to the guidance if there are good reasons for not taking it forward. I hope that they will make full use of those powers and challenge the Government should they so feel the need.

Personally, where I am most concerned that the Government still have that guidance power to contain the independence of the OEP is on the issue of planning, which the noble Lord, Lord Krebs, mentioned. The Government still retain the ability to perhaps constrain the OEP from taking enforcement measures on planning applications, which may appear local and discrete but have nationally significant biodiversity implications. Given the fate of the biodiversity in our country at this time, we know just how important that may be.

Finally, on the issue of sewage, we on these Benches—particularly my noble friend Lord Oates, who has worked so closely with other colleagues from other Benches—thank the noble Duke, the Duke of Wellington, for the campaign that he has taken forward, and indeed Philip Dunne, who I see is with us this afternoon. It is good to be able to say to them that we in this House thank them both for their campaigning to bring this appalling issue, which is really important for both the environment and human health, to the attention of the Government and the public more broadly. On behalf of all of us, I thank both of them for doing that.

As I say, we have probably pushed the Government as far as they are prepared to go on this issue. However, in having made the general public so aware of what is at stake, the Government can be under no illusion that, while we have done our job here today and in preceding weeks, if they do not listen, act and take the necessary steps to stop these appalling sewage discharges, the public will notice, and it will not just be the environment that pays the price in the future. The Government will pay the price at the next general election.

[Baroness Hayman of Ullock (Lab)]

My Lords, I will particularly address the amendments from the Government and in the name of my noble friend Lord Adonis on water quality, in Motions C and C1. First, I thank the Minister and Defra officials for their time in listening to our concerns throughout the passage of this Bill. While we welcome the government amendment to improve water quality, we must be clear that the Government did not want to include stronger provisions in this Bill to improve and protect our rivers and waterways, including from sewage discharges. We have the government amendment before us today because of the refusal of your Lordships’ House, Philip Dunne in the other place and in particular the noble Duke, the Duke of Wellington, to give up on campaigning to protect both our environment and public health. Once again, the Minister has been dragged back to debate this because people have been disgusted that the situation was allowed to continue. The Government truly brought the pong into ping-pong.

While the government amendment before us today does improve the Bill, noble Lords have said that they are finding it in some ways unsatisfactory, as it does not go far enough to address some of the concerns that have been raised today. The noble Duke, the Duke of Wellington, talked about the considerable public support for his amendment, including from water companies, which he said just want more public investment from the Government in order to improve the sewerage system. He also expressed concern that the government amendment is considerably weaker than his in some aspects. We strongly supported the Duke on this issue, and believe that his original amendment was better than the government amendment before us today, and it is disappointing that Government refused to just accept it. My noble friend Lord Adonis has now picked this up, and he clearly laid out his reasons for doing so: his concerns that discharges have been increasing; that enforcement has not been what it should be; and that this is partly down to cuts to the Environment Agency, which have reduced its capacity to both monitor and take action.

I will now draw particular attention to three concerns raised by my colleague Luke Pollard in the other place. First, on prosecutions—the noble Duke mentioned their lack—will the Minister commit to reviewing the system of fines and penalties? The current penalties clearly do not have the effect of stopping certain water companies form routinely dumping raw sewage into our waterways. Penalties must be meaningful so that they change behaviour, or they are pointless. Water companies and the regulator, Ofwat, have consistently failed to stop damaging discharges. They know they that they are currently allowed to discharge raw sewage only in exceptional circumstances, but take no notice, which is why penalties and fines must be reviewed. Southern Water had committed no fewer than 168 previous offences before being fined this summer.

Secondly, we need to strengthen the duty of Ofwat to take action, to give water companies a clear direction on targets, ensure that there is a priority to clean up the most polluting discharges, and have oversight on progress from the relevant parliamentary committees. The regulator should have environmental experts available to strengthen its decision-making.

Thirdly, can the Minister further clarify what is meant by “progressive reduction”—the timescales mentioned by my noble friend Lord Adonis? By when, and by how much? Yesterday, I attended COP 26, as mentioned by the Minister in his introduction. Much is being made there of the importance of putting nature and the environment at the centre of policy-making and legislation. We know that one consequence of climate change in the UK is likely to be heavier rainfall. Without progressive reduction being pinned down properly, we are a very long way away from seeing an end to this persistent pollution.

In yesterday’s debate in the other place, the Minister, Rebecca Pow, ran out of time to respond to these questions from my colleague, so I would be grateful if the Minister could take the opportunity to answer these points today. I also look forward to his reply to other concerns raised by noble Lords in this debate, including my noble friend Lord Adonis, and whether he can reassure the noble Duke, the Duke of Wellington, that there will be proper parliamentary oversight and progress on ending the practice of discharging raw sewage into the waterways, because without proper oversight on progress, it will, as I said, take a very long time to change this behaviour at all.

I also look forward to the Minister’s response to the questions from my noble friend Lady Quin and the noble Baroness, Lady Jones of Moulsecoomb, regarding the true cost of tackling this issue. If he cannot answer these questions, can he explain why the Government are refusing to commit to addressing these very real concerns, which we have raised time and again?

Noble Lords are right: the Bill is in a better place now than when it started, and that is mainly down to concerns raised by your Lordships. But it is a shame that the Government have not been able to completely accept today’s important improvements.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

If the monitoring is done in the manner in which this legislation requires, that data will become immediately available, but it is for the regulators—indeed, the Government—to ensure that the data is processed and understood and that it informs next steps. It is hard to be more specific; that is the Government’s job and if the Government fail in their duties there are a number of other accountability mechanisms which we are introducing through the Bill—not least the OEP—to ensure that the Government do their job.

My noble friend Lady McIntosh asked about timelines. We have committed to review Schedule 3; I have put that on the record in the past, work has begun, and the review will report early next year.

I hope that I have answered the questions that were put to me today. I thank all those who have contributed to this debate and to the hours of debate since the Bill was introduced. It has had a challenging passage, but I have sincerely appreciated contributions—or most of them—from across the House and in the other place in support of the environment that we all cherish.

I once again thank all noble Lords who have tabled amendments throughout the passage. I also thank the stakeholders, who have used their voices so effectively. I particularly thank my counterparts on the opposition Benches—the noble Baronesses, Lady Jones and Lady Hayman, and the noble Lord, Lord Khan, and the noble Baronesses, Lady Parminter and Lady Bakewell, and the noble Lord, Lord Teverson. I very much take the point made by the noble Baroness, Lady Parminter, about the pong in the ping-pong, but the work—

[Baroness Parminter (LD)]

It was the noble Baroness, Lady Hayman.

Environment Bill

Baroness Parminter Excerpts

Consideration of Commons amendments
Tuesday 26th October 2021 Lords Chamber

Moved by

[Baroness Parminter]

At end insert “, and do propose Amendment 28B in lieu—

28B: Clause 18, page 11, line 24, leave out paragraph (a) and insert—
“(a) safeguarding national security,””

[Baroness Parminter (LD)]

My Lords, I beg to move Motion E1, as an amendment to Motion E—I believe that is the correct phraseology. I read carefully in Hansard the debate on our amendment on the exemptions that we were calling for on the policy statement on environmental principles. I am disappointed that the Government did not support it, but I am grateful for the support for this case from the Labour Benches, the Greens and the SNP.

The Government cited financial privilege as a reason why we should not proceed with this amendment, and of course I accept that on the basis of the reference to the tax-and-spend points in the amendment that we proposed, when it went to the Commons. I am grateful that, in the Commons, the Minister made the point that all departments will be obliged to subject their policy decisions to the rigours of the policy statement on environmental principles. I am mindful that, clearly, the macroeconomic points that the Treasury has are outwith that—but I am grateful.

However, the Government gave no reasons for refusing the point, made by this House, that the MoD should not be completely exempt from having to take account of the policy statement on environmental principles. The Minister’s comments seemed to suggest that there was a fear of legal challenge. I find that quite surprising. I am not a lawyer, but I am well aware that the courts are very well equipped to filter out unmeritorious cases, as they stand. Equally, while we were in the European Union, the MoD was subject to all these provisions, with a very tiny exemption with regard only to security matters pertaining to munitions and arms. So it has been subject to all these requests to take account of environmental principles for, effectively, the last 30 years. There have not been any challenges, and it does not seem to have caused any problems. However, that is the reason that has been cited, so it is the one that I had to address.

For that reason, I narrowed the scope of the disapplication purely to “national security”, in the hope that that would reassure them. Again, I am not a lawyer, but my understanding from lawyers far more eminent that me is that the courts will always defer to the Executive on matters of national security. Therefore, it seemed to me that the proposal that I put forward was reasonable and met the needs, as they saw it, of the MoD to protect its fear of being challenged on urgent operational matters. It seemed to me that it also met this House’s clear desire that all government departments should be subject to having consideration of the environmental principles, with certain particular tightened safeguards. That was also the position of the Environmental Audit Committee, the EFRA committee in the other House and the office for environmental protection, when it gave its first and only advice to the Government, earlier this year.

--- Later in debate ---

I thank all noble Lords who have contributed today, and in personal conversations with myself and my officials, on these measures. I hope that noble Lords have been reassured by my words and I commend the Motion to the House.

[Baroness Parminter (LD)]

I beg leave to withdraw Motion E1.

Motion E1 withdrawn.

Environment Bill

Baroness Parminter Excerpts

3rd reading
Wednesday 13th October 2021 Lords Chamber

[Lord Cormack (Con)]

My Lords, very briefly, I endorse what the noble Lord, Lord Krebs, has said. This Bill has not been damaged or impaired during its passage through your Lordships’ House.

I endorse everything that has been said in the way of compliments to my noble friend Lord Goldsmith and what he himself has said about participation across the Floor of the House. This is not in any sense a party-political Bill. It is a Bill that concerns each and every one of us, and our families, for generations to come. Therefore, we do not want to engage in ping-pong.

If my noble friend is to achieve his ambition of getting this on the statute book before Glasgow, which I entirely support, it is important that the House of Commons does not attempt unnecessarily to delete amendments that do not damage but rather enhance the basic principles and objectives of the Bill. It would be a great pity if in a fortnight, on the virtual eve of the conference, we began to indulge in a battle between the two Houses.

This House has an enormous amount—a great wealth—of experience and expertise, and that was perhaps more evident on this Bill than on most others. I know my noble friend the Minister would agree that everybody who spoke did so in a constructive and supportive spirit, so I implore him to use all his powers of persuasion with his ministerial colleagues and others to ensure that the Bill, as it now stands, survives as near intact as possible. Then our Ministers and the president of the conference can go to Glasgow knowing that there is a perhaps unprecedented degree of cross-party support and agreement for a Bill that does indeed, as I said at the beginning, affect us all and our families.

[Baroness Parminter (LD)]

My Lords, it is appropriate that we have the Third Reading today as we see the close of the high-level segment of COP 15 and the publication of the Kunming Declaration, which makes it clear that setting nature

“on a path to recovery is a defining challenge of this decade”.

This House has done its usual proper job of scrutiny of the Bill and has proposed measures to strengthen it that are definitely needed. I thank the ministerial team and the Minister’s colleagues for accepting some of those amendments, including the legally binding target for species abundance for 2030, and for including major infrastructure projects in the biodiversity net gain regime. Those are welcome measures that the Government have accepted. While we are thanking people, those on these Benches, like others, thank the ministerial Front-Bench team and the Bill team for their unfailing good humour, clear commitment and engagement with us throughout this process.

But, as others have said, many outstanding amendments remain. As we send this Bill down to our colleagues at the other end, be assured that we will work with them and with others around this House, as we have done so constructively through this process, to ensure that it is strengthened, in the way we all know it needs to be, for the future of our country, our people and our environment.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I too add my thanks to the Bill team for its patience and courtesy in responding to our concerns and for facilitating so many meetings over the summer. We have all been on a steep learning curve, and it has certainly helped to put us more in tune with the facts behind the thinking on the Bill.

I very much thank the Minister, the noble Lord, Lord Goldsmith, for staying the course. I am sure there were times when he wished to be somewhere else, perhaps even somewhere sunnier. Despite occasionally giving the noble Baroness, Lady Bloomfield, kittens when he went walkabout, he was assiduous in being here, doing the heavy lifting on the Bill and giving us all his attention and his very detailed and thoughtful contributions. On that basis, I thank the Minister for listening, because we received a number of concessions along the way and we are really very appreciative of that.

As other noble Lords have said, of course, we do not think that is quite enough. I hope the Minister recognises that the 15 amendments which we have passed make serious and important improvements to the Bill—and, as the noble Lord, Lord Krebs, and others have said, they have widespread support across the Chamber. I hope this is not the end of the road for the Bill. I hope that the Government have used the recess to reflect on our amendments and will feel able to support their key principles when the Bill goes back to the Commons next week.

We are of course aware that COP 26 is looming but, as we have always said, this is a once-in-a-generation opportunity for us to put the environment on the right course for the future. We still hope that we can reach consensus with the Government to achieve the ambition that I know we all share on this, so that we can reach agreement in the very near future on the final outcome for the Bill.

Environment Bill

Baroness Parminter Excerpts

Wednesday 15th September 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise briefly to offer the Green group’s support for this amendment—there not being enough space, given the cross-party and non-party signatures already on it. I particularly compliment the noble Baroness, Lady Boycott, on her comprehensive introduction, and the following two speakers on their excellent additions to it.

The noble Earl, Lord Caithness, made a point about processed food, particularly ultra-processed food, a definition which the Government unfortunately still have not accepted, despite it being widely accepted around the world in terms of nutrition. Ultra-processed food accounts for 68% of the calories in the British diet. That is so-called food that bears no relationship to what started out on the farm. We know what we need for public health and for the state of our natural environment: far more production of vegetables and fruit, ideally produced here in the UK, meaning real changes in our farming systems.

I note the reference by the noble Baroness, Lady Young of Old Scone, to the Climate Change Committee’s land use report. That said that we need to see a 20% reduction in food waste and a 20% reduction per-person in the consumption of beef, lamb, and dairy. Essentially, we need to see a massive reduction in factory farming, in methods of production that are causing enormous environmental damage, and we must stop food waste. Feeding perfectly good food to animals to produce a small amount of protein is food waste.

It was very disappointing that, in response to the Dimbleby report, we heard, though not in this place and perhaps not even within Parliament, some very dismissive comments from Ministers, yet we went right through the Agriculture Bill, the Trade Bill, and this Bill, being told: “Wait for the Dimbleby report, wait for the Dimbleby report.” That was supposed to be providing the direction. If the Government do not adopt that, we need to see this on the face of the Bill.

[Baroness Parminter (LD)]

My Lords, sadly, I was too slow to get my name on to this amendment, but I think that it has complete support around the House. I have just one point, which is that this is something that we must be focused on not only in the UK but globally. As the noble Earl, Lord Caithness, said, we must have farming that is absolutely hand in glove with nature. When the Select Committee on Environment and Climate Change looked at COP 15 and some of the essential issues that must be tackled, this whole issue of addressing the global food chain was absolutely critical. Therefore, we commend the noble Baroness for all her campaigning on this issue and hope that the Government take the food strategy seriously as all of us in this House know that they should.

[Baroness Hayman of Ullock (Lab)]

My Lords, I am very pleased to support Amendment 118, tabled by the noble Baroness, Lady Boycott, to which I have added my name. I commend her for the way she so ably introduced it—her knowledge is far greater than mine.

We have strongly welcomed the National Food Strategy and its recommendations that aim to deliver “healthy, affordable food” and build a sustainable agriculture sector in an efficient and cost-effective way. However, we support the noble Baroness’s amendment because it draws government attention to critical aspects of the impact of the ways in which we farm and produce our food, which, as she quite rightly says, are absent from the Environment Bill.

Amendment 118 first looks at the effect on biodiversity. There is no doubt that the precious biodiversity that sustains our food systems is in decline. The first ever global report on the state of biodiversity for food and agriculture, launched two years ago by the UN Food and Agriculture Organization, confirms this. The National Food Strategy rightly observes:

“The global food system is the single biggest contributor to biodiversity loss, deforestation, drought, freshwater pollution and the collapse of aquatic wildlife. It is the second-biggest contributor to climate change, after the energy industry.”


The noble Baroness, Lady Boycott, explained that, in the UK, agriculture contributes to, and is affected by, climate change. Every stage in the food production cycle—from preparing, growing and harvesting, through to production, storage, processing, packaging, transporting and cooking—releases greenhouse gases into the atmosphere. Methane produced by livestock during digestion has received a lot of media coverage, while nitrous oxide emissions from mineral nitrogen fertilisers are also a problem. The Government have demonstrated that they are working to tackle this through the new ELM schemes, for example, but, as the strategy confirms, this will not be enough on its own.

The noble Earl, Lord Caithness, spoke up for our farmers and, very importantly, said that never again should nature be separated from farming. The National Food Strategy also contains recommendations to address the major issues facing the food system, including climate change, biodiversity loss, land use, diet-related disease, health inequality, food security and trade. So it makes absolute sense to me that the approach should be reviewed, as proposed in this amendment, to ensure that it is making progress and continues to do so.

Amendment 118 also looks at the effect of greenhouse gas emissions and asks for a review in this area. If you read it, the National Food Strategy has an awful lot to say on emissions. For example, it says:

“Agriculture alone produces 10% of UK greenhouse gas emissions”


and that our

“food system accounts for a fifth of domestic emissions—but that figure rises to around 30% if we factor in the emissions produced by all the food we import.”

So there is no point in making UK farmers do all the hard work necessary to reduce carbon emissions and restore biodiversity, only to open up the market to cheap food produced to lower standards abroad. The noble Baroness, Lady McIntosh of Pickering, talked about trade and referred to the impact of food miles. If we export all the environmental harms that we wish to avoid, while undercutting and potentially bankrupting our own farmers, we achieve nothing.

It is not a simple task to dramatically reduce emissions from food production or to monitor and review progress. This all needs to be an integral part of the process. So I commend the noble Baroness’s amendments to the Minister and look forward to a positive response.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

I also add my congratulations to the noble Lord, Lord Faulkner of Worcester. I draw the House’s attention to my honorary presidency of the North Yorkshire Moors Railway, which is the most visited tourist attraction in North Yorkshire, year after year. I am full of admiration for the mostly volunteer drivers and engineers who man it.

I was not going to speak, other than to support the work of the noble Lord, Lord Faulkner, both in tabling the amendment today and on the heritage railway generally. However, I beg to differ with the noble Baroness, Lady Jones of Moulsecoomb: in my experience, incinerators are heavily regulated and will continue to be so. I commend the work done in Denmark, Sweden, Austria and Germany on using incineration—or waste from energy, as it is now called—to get rid of both household and other waste and reintroduce electricity into the national grid.

If the Minister cannot write this into the Bill, I hope that she will give a verbal commitment that accords with the wishes expressed by the House this evening. That would be most welcome indeed.

[Baroness Parminter (LD)]

My Lords, I have no expertise in this area and no interest to declare, but some of the happiest memories with my two young girls were taking them to see Santa on the steam train at the rural life centre in Tilford every Christmas.

However, tonight, I speak at the request of my colleague, the noble Lord, Lord Bradshaw, who cannot be with us because he has had a fall. I make it clear to the Minister that there is still cross-party support for the intentions of this amendment. As the noble Lord, Lord Forsyth, said, this will affect the enjoyment of many thousands of people. I would not wish people to think that environmentalists are killjoys—we are not. We want to go forward on the environment in a positive way, but there are certain initiatives that, for heritage and educational purposes, need to be considered so that we can see where we have been and where we are.

Therefore, I hope that there are the strongest reassurances, and I commend the four Peers who have done so much, under the leadership of the noble Lord, Lord Faulkner of Worcester, to bring this issue repeatedly to the attention of the House.

[Lord Khan of Burnley (Lab)]

My Lords, I rise to speak briefly to the amendment introduced so eloquently and passionately by my noble friend Lord Faulkner of Worcester. I, too, congratulate him on his work on heritage rail.

Some interesting points have been made across the House today. If I understood right, the noble Lord, Lord Forsyth, the noble Baroness, Lady Jones, and others questioned the true pollution levels of steam engines and railways. Perhaps the Minister can give us some facts. Is it true that heritage steam engines may have a negligible impact on the environment? I invite noble Lords across the House to visit my home town, Burnley. We have the Queen Street Mill and, in it, the heritage steam engine that powered the biggest cotton mill in the town. It would be great to see noble Lords there. As the noble Baroness, Lady Parminter, said, heritage steam railways are a huge part of our culture, especially for young children. They are a massive tourist attraction. We must make sure that we get the balance right. I understand that discussions are ongoing—indeed, I have had discussions with experts and researchers —about the true impact of heritage steam engines.

Finally, for my sake and that of the noble Baroness, Lady Neville-Rolfe, please do not kill off Thomas the Tank Engine. It will destroy my childhood memories.

Environment Bill

Baroness Parminter Excerpts

Report stage
Wednesday 15th September 2021 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, Clause 109(3) says:

“The Secretary of State may make regulations under this section only if satisfied that the regulations do not reduce the level of environmental protection provided by the Habitats Regulations.”


I suggest that all the Minister needs to do from this point of view is delete the words “satisfied that”.

[Baroness Parminter (LD)]

My Lords, I add the support of our Benches for this important regulation on day four of Report. As the noble Baroness, Lady Young of Old Scone, said, the habitats regulations are the jewel in the crown in terms of protecting our sites of most special protection for our wildlife and our birds, our bitterns and our nightingales.

It has not been mentioned in this debate so far today that the proposals from the Government to amend these regulations were smuggled in on Report down the other end. These are incredibly important regulations. No one is saying that things must be set in stone for ever, but if they are to be changed, it should be done with full and clear consultation and for the right purpose.

The Minister said in Committee, “They’re not working.” I live in Surrey, which is one of the most densely populated areas, and they are working there. With the Thames Basin initiative of 11 planning authorities, we are managing to build the houses and protect the sites at the same time. If there are going to be changes, the Government should ensure that there is no regression, which this amendment would guarantee, and that there is consultation with experts. As the noble Lord, Lord Deben, said, that might be a slightly broader list than that suggested in the amendment so far but certainly there needs to be that expert consultation.

If this amendment is not accepted, it will leave the impression that there are other reasons why the Government are prepared, at a time when we are facing a nature crisis, to sweep aside these most important protections. That will make people feel that perhaps it is because they want to ensure that planning regulations are given a light touch, which, frankly, is not appropriate given the environmental challenge and crisis that we face.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am pleased to support the amendment in the name of the noble Lord, Lord Krebs, to which I have added my name.

The noble Lord has set out in detail why we have concerns about Clauses 108 and 109 and why the safeguards in our amendment are so important. There is real concern that the government clauses will weaken the protection of our most valued species and habitats which the habitats directive conferred. There is also concern that the clauses give the Secretary of State undue discretionary powers to change the rules in the future.

The Minister will no doubt argue that there is no need to worry and that the wording in the clauses give sufficient protection that the conservation and enhancement of biodiversity will be assured. However, as the noble Lord, Lord Krebs, and others have explained, there is a difference between a general commitment to biodiversity and the specific protection of individual habitats and species. The new objectives are simply not a substitute for those of the nature directives, which have provided the first line of defence for our most precious habitats over many years.

If we are not careful, these new powers could be used to deconstruct the strict protections for the UK’s finest wildlife sites by referencing other enabling clauses in the Bill. This is why we believe that the general commitment to enhanced biodiversity and to halting species decline, which is elsewhere in the Bill, need to go hand in hand with the more specific guarantees set out in our amendment. This would ensure that any regulations made under these clauses delivered compliance with international obligations, and, crucially, improved the conservation status of species or habitats. It would also deliver the non-regression promises that the Government made when we left the EU.

In response to the debate in Committee, the Minister spelled out that the Government are planning a Green Paper in the autumn with the aim of providing a “fit-for-purpose regulatory framework” to deliver the Government’s ambitions for nature. However, we know that historically, the Government’s idea of “fit-for-purpose regulation” is less regulation and less protection, and we also know that a Green Paper could take a very long time to reach conclusions that can be enacted. We are being asked to put our faith in a process which is stepping into the unknown, and it is quite likely that by the time that process is completed, a different set of Ministers will be in play, with a different set of priorities. Therefore, the proposal for a Green Paper simply adds to our concerns.

Over the summer, we were grateful to have a meeting with the Defra officials dealing with this issue, who sought to reassure us that this was about improving nature recovery rather than watering it down. But of course they do not yet know the content of the Green Paper or its likely outcome. In the meantime, all we have before us is the wording in Clauses 108 and 109 and the rather amorphous phrase that the Secretary of State must “have regard to” the importance of furthering conservation and enhancement of biodiversity.

As the noble Lord, Lord Krebs, made clear, it should not be for the Secretary of State to make that call, or to be satisfied that the regulations do not reduce environmental protection for what my noble friend Lady Young rightly described as the jewels in the crown of the countryside. This decision needs to be authenticated by objective scientific bodies such as those set out in our amendment. I hope that noble Lords, having listened to the debate, will understand the strength of our concerns and will agree to support the amendment.

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[Lord Horam (Con)]

I agree with my noble friend Lord Deben and will just extend what he says. Essentially, his point is that we cannot ask Defra, which has a narrow remit, to take the integrated and across-the-board view that is necessary.

We also need to take into account the pressures on land—population, for example. As the noble Baroness said in her opening remarks, the population projections over the next few years from the Office for National Statistics are very considerable; we are talking about an extra 7 million people over the next 10 or 15 years. These are the sort of pressures we have to take into account when we look at land use. Although I am sympathetic with her point, we have to consider this properly, systematically and rationally.

No one wants the land to be ill-used or underused. None the less, the practicalities of the point made by the noble Lord, Lord Carrington, and my noble friend Lord Deben’s view about the wider nature of this issue mean that this amendment is deficient.

[Baroness Parminter (LD)]

My Lords, I rise very briefly to say that we support the intent of this amendment. Given the competing demands on land in our country, we believe it is time for a national framework. If it works in other parts of the continent and in other parts of the United Kingdom, the time has come and we would support it.

I fear the Minister will say that, for a number of reasons, he is not able to accept it. I therefore applaud the noble Baroness for her campaigning on this over many years and the fact that she has put together a proposal for an ad hoc House of Lords Select Committee on this. I certainly support that. I think it is an incredibly important initiative, and I hope other Peers will support that proposal so that this issue can be taken forward in a broader way.

[The Duke of Montrose (Con)]

My Lords, I follow on from the noble Baroness, Lady Parminter. Both the noble Baroness, Lady Young of Old Scone, and my noble friend Lord Caithness mentioned the enthusiasm of the devolved Administrations for this type of approach. It would be hard to find anything more enthusiastic than the way the Scottish Government have approached it. The noble Baroness, Lady Young, must have experienced this with the various organisations she has dealt with across the border. I have no doubt that my noble friend the Minister has looked at some of these other countries. In fact, in spite of all the things the noble Baroness, Lady Young, has incorporated in her amendment, the Scottish Government have gone way further than that. We need to think about how far we want to go in this type of organisation.

My noble friend Lord Carrington mentioned the drawbacks that could occur. The Scottish land use strategy has been in place since 2016. There are a whole raft of policies—a natural resource management policy to tabulate stocks of ecosystem services and use an ecosystem approach. Land-based businesses, including the Crown Estate, have trialled the natural capital protocol. They had a statement on the land use strategy, then found they needed to incorporate a national marine plan as well as a national planning framework. It overlaps into forestry as well.

Environment Bill

Baroness Parminter Excerpts

Monday 13th September 2021 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I declare my interests as on the register. I want to comment briefly on two amendments. First, I welcome my noble friend’s Amendment 89; it is important to keep under review the amount of land available for the net gain register.

Secondly, I want to comment on Amendment 84A from the noble Lord, Lord Krebs. I say this to him: I do not think it is necessary. As he said, this is evolving. The metric as published by Natural England is not set in stone. It will be an evolving measure, and as further and better particulars come along, it will be changed and amended. An annual review by the Government is not needed for that to happen.

The other point I want to make is this: yes, of course, the metric could be made more complicated. Some on the Climate Change Committee condemn it, because it is just a biodiversity net gain metric. They want an environmental net gain metric, which would be an all-singing, all-dancing super one, but incredibly complicated to produce. No one is capable of doing it properly at the moment.

If we bring in lots of other factors, which would no doubt make this much better in biodiversity terms, we would be faced with an industry and builders that have not a clue how it would work. Net gain is terribly, terribly important. It will be one of the greatest improvements to planning and the environment we have ever seen in this country. But it is a completely new concept; it is innovative. For it to happen, we have to get developers on side, working with it. At the moment, they have not a clue how it works. They have a couple of years, I think, to get that right.

I am concerned that we keep this initially simple. The current metric, which is still doing a good job and can evolve and can change, will not be detrimental to biodiversity; it will be a big improvement to biodiversity. But I am certain that in a couple of years’ time or a year’s time, it may be tweaked again to improve it. As developers and Government and Natural England bed this down, I am certain it will become more sophisticated and more perfect from a purist environmental point of view.

So I say to the noble Lord, Lord Krebs, who is incredibly able and thoroughly knowledgeable in this matter—he is 10 times more knowledgeable than I am, though I am practical—that we have to start somewhere. There used to be an army acronym KISS: “Keep it simple, stupid.” We have to keep it simple to begin with, and we can make it a lot more complicated as we get used to it.

[Baroness Parminter (LD)]

My Lords, I hear what the noble Lord, Lord Blencathra, says, but I still think the noble Lord, Lord Krebs, raised some real concerns that this House deserves answers to, and I hope the Minister, in his summing up, can give the reassurances the noble Lord, Lord Krebs, has asked for. I wanted to briefly add my voice to the others in support of Amendment 87, which deals with the issue of perpetuity versus the 30 years for the biodiversity net gain.

I will not add to the other arguments people have made, but I just wanted to remind noble Lords that in Committee, in response to a question from the noble Baroness, Lady Neville-Rolfe, the Minister said that the Government wish to introduce biodiversity net gain

“in a way that requires developers … to bear as little cost as possible.”—[Official Report, 7/7/21; col. 1377.]

It seems to me that overriding constraint is as much relevant in terms of this debate, because this is not about worrying that there will not be enough landowners coming forward to provide the amount of nature conservation that we need. It is really about limiting the liability of developers. That is at the heart of this, and that is why I support the amendment.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am speaking in support of Amendment 84A of the noble Lord, Lord Krebs. I will then speak to my Amendments 85 and 87. I thank the noble Lord, Lord Krebs, and the noble Baronesses, Lady Parminter and Lady Jones of Moulsecoomb, for adding their names to my amendments.

First, the noble Lord, Lord Krebs, has raised important points about the quality of the metric currently being developed to implement biodiversity net gain. Over the summer he was kind enough to share the paper to which he referred by his colleague Professor Katherine Willis. I have to say that it shocked me, as it shows that we are in danger of drifting into a new system which, far from being a positive asset, could be highly detrimental to the environment. This is why I am not reassured by the use of words such as “progressing”, “virtuous” and “improving” by the noble Lord, Lord Blencathra. We could be going backwards if we do not get this right.

We therefore support the amendment from the noble Lord, Lord Krebs, that would set up a process of review of the metrics within six months, taking into account the broad range of factors that determine the ecological importance of sites. I know that the noble Lord, Lord Krebs, has been in dialogue with the Minister about these concerns, and I hope that, in his response, the Minister will provide sufficient reassurance that this matter is being addressed.

My Amendments 85 and 87 address the length of time that any habitat enhancement agreed through the planning process should be protected. As it stands, Schedule 14 to the Bill defines this period as 30 years. After that, the habitats could be destroyed, losing any ecological gains or carbon storage benefits. This goes against the grain of ecological best practice, which emphasises the need to let nature recover for the long term.

In recent advice, Natural England has said:

“Mitigation measures will need to be secured for the duration over which the development is causing the effects—generally 80-125 years.”


The building developments on the land where the displacement takes place will clearly be expected to last more than 30 years. For example, MHCLG has issued advice on property that makes it clear that a long lease is usually 125 years. So it is right that the creation of any new habitat, in compensation, should also last a lifetime. Our view was echoed in the recent Environmental Audit Committee report, Biodiversity in the UK: Bloom or Bust?, which stated:

“Nature recovery does not happen overnight and must be maintained and built upon for generations. The proposed 30 year minimum to maintain biodiversity net gains will achieve little in terms of delivering long-lasting nature recovery.”


In Committee, we tabled an amendment that would have protected habitats in perpetuity. There was considerable support for our position, but there were also questions about how perpetuity could be measured. So in our new amendment, we have now defined this period as 125 years, which was the only legal definition of the concept, as set out in the Perpetuities and Accumulations Act 2009. We believe that this is the right length of time to create and maintain long-term species-rich habitats to compensate for the destruction of existing established habitats elsewhere.

In Committee, the Minister made it clear that the provision of 30 years was a minimum requirement. He has now tabled further amendments in this group that would give the Secretary of State a power to increase the 30-year period and keep that duration under review. However, we do not believe that this gives the guarantees of long-term habitat protection that we need. There is no indication in the Government’s amendment of the criteria that would be used to vary the duration. I am also grateful to the Bill team for their recent advice that this variation, if introduced, would apply at a policy-wide level and not on an individual project basis. However I do not see where in the Bill this would be assured, since the Government’s amendment just gives a general power to vary the time period and could therefore, in my reading, apply to particular building developments.

The Minister has also raised concerns about whether sufficient landowners would make their land available for a longer term period, but surely landowners who contract to create these new habitats would have to be there for the longer term, otherwise our very fear that the habitat would be destroyed after 30 years becomes a reality. We believe that the long-term timescale of 125 years, as set out in Amendment 85, gives landowners certainty and would ensure that habitats which are destroyed could be recreated for the long term on a like-for-like basis.

This is an important principle which is necessary to legitimise the process of biodiversity net gain. Otherwise, the truth is that it would just be delayed damage. On that basis, I hope the Minister is able to give further reassurances, and I look forward to his response.

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[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Earl, Lord Caithness, whose passion for improving the Bill from the government Back Benches is evident even at this hour. I commend him for that. I declare my role as a vice-president of the LGA and the NALC.

I shall deal with Amendments 90, 91 and 94 together. Amendment 90 appears in the name of the noble Lord, Lord Kerslake, and is also signed by the noble Lord, Lord Oates, while Amendment 94 is also signed by the noble Lord, Lord Oates, and my noble friend Lady Jones of Moulsecoomb. They all deal with the fact that the people who know best about a local natural environment are local people. We confront again, as we do in so many different areas, the fact that the UK—and England in particular—is one of the most centralised polities on this planet. That has many negative effects for people, but it also has negative effects for nature.

On Amendment 90, as the noble Lord, Lord Oates, said, we keep giving local government responsibilities but, through a decade of austerity we have seen fewer resources in local communitiesw available to deal with those responsibilities. We have gone through a cycle where local authorities barely have enough funds to meet their statutory responsibilities—those dictated from here in Westminster. They do not really have enough funds for that, let alone to reflect local priorities and desire for action.

The amendment signed by my noble friend Lady Jones of Moulsecoomb is particularly telling. We can think of so many case studies; the noble Lord, Lord Oates, gave one. I was also struck thinking about the case of the River Lugg in Herefordshire last year, where we saw trees felled, the river bridged and a reprofiling of the riverbanks along a 1.5 kilometre stretch, to the shock and horror of local people. Investigations are still ongoing, so I will not go too far into this, but the country was alerted to this through local people using social media and through the local media outlets picking up this story. Of course, it was at local level that the knowledge arose, and perhaps at local level some action could have saved some biodiversity or nature there.

I was up in Kendal a few years ago in a village that was struck by flooding, and the vehicles driving along a particular road were pushing flood water into people’s homes. The local people were shaking with anger and frustration; if they had been allowed to close that road, they could have stopped those homes being flooded, but they were told they would face police action if they did so. That is the kind of emergency situation where we need to ensure that local people are able to act, whether it is a biodiversity emergency or a flooding emergency affecting people’s homes.

I really hope that we might see some progress on Amendments 90, 91 and 94. I also want to mention Amendment 92A, in the name of the noble Earl, Lord Caithness. The Nature Friendly Farming Network represents a really activist group of farmers; I have met quite a number of them. They are doing some very strong things at that nexus between acknowledging the need to produce food and looking out for nature. Here we have a very modest addition to the Bill that would acknowledge and put on the statute book recognition of, and support for, the important work of nature-friendly farming. I hope that we will hear from the Minister about that amendment.

[Baroness Parminter (LD)]

My Lords, my Amendment 91 in this group seeks to give some bite to the nature recovery strategies, which are a very welcome addition into this Bill by this Government. As they stand, however, local authorities will be producing them but they will be almost irrelevant in terms of the planning process, because they would not be a material consideration. My amendment therefore seeks to ensure that local authorities have to act in accordance with them rather than just take account of them.

I am grateful for the support for the amendment from Members from all Benches, and to the Minister and his team for discussing the matter with me. I am also grateful for government Amendment 93 that has been produced as a concession, but saddened that it is still just guidance. I suppose that I should not have really expected the Government to compel local authorities to do anything. It is also a necessary step, given that the pilots for the nature recovery strategies showed that local authorities said: “These won’t work unless we get more guidance,” so the Government had to do something. However, it is a step in the right direction, and it will help local authorities to ensure that nature recovery strategies are used properly in the planning system.

I am particularly grateful for the letter that the Minister sent to Peers, which said specifically just how important nature recovery strategies would be within the planning system as a tool for protecting the environment. That is an important statement, and I am grateful for it. Clearly, we have expectations for a planning Bill some way down the road; we are not sure quite how much of it will survive, if we are to believe the newspapers over the weekend. However, there will be a planning Bill, so without prejudicing what might come in future, I accept gratefully the concession that the Government have offered. We might have to return to this issue when we see what those planning changes are, at which point, we will be happy, I am sure, to take up the cudgels again.

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[Baroness Parminter (LD)]

Extinction Rebellion.

[Lord Teverson (LD)]

Yes, Extinction Rebellion. That was not where the emergency amendment that we debated last week came from. I will speak to Amendments 92 and 102, and I thank very much the noble Earl, Lord Dundee, and the noble Baroness, Lady Bennett of Manor Castle, for their support.

As the amendments specify, their purpose is to strongly raise the profile of agroecology, which is very important for the way agriculture moves into the future. It is very striking that when we think about trees in a rural context, we think of forests and also farmland that on the whole does not have trees or may have trees around the boundary, young trees as part of hedgerows, or maybe the odd copse in the middle, at the sides or in the corner of a field. But that need not be how we practise our tree planting and growing and our harvesting of the products that come from trees.

At the moment we have that divide, but agroforestry is very much a combination of those types of agriculture; it is farming with trees, not farming and forestry. There are great benefits to this. Clearly, it is not right for the whole of the British countryside—I would not argue that at all—but some strong benefits come from it. Those are that we can plant more trees, and more diverse types of trees, and they are not necessarily trees just planted within meadows or pastural land; they can be, for instance, a grove of hazel trees within an arable field too. There are a number benefits from this, in terms of climate change, sequestration, water management, soil health, animal welfare, shade and retention of water. Clearly, there is also the extra income to farming from what those trees can produce, such as fruit, nuts or timber, from the types of wood that can be used for timber, then replanted and replenished. There is a wide range of benefits to using agroforestry and bringing it much more predominantly into farming systems in this country.

In 2016, a survey showed that, in Europe generally, agroforestry accounted for some 9% of land use, whereas within the United Kingdom that was down to 3%. So the purpose of these amendments is to raise the profile of that form of agriculture in England by way of the Environment Bill, but also to have the benefits that flow from it.

Environment Bill

Baroness Parminter Excerpts

Report stage
Wednesday 8th September 2021 Lords Chamber

[The Earl of Kinnoull (CB)]

My Lords, I want, very briefly, to support Amendment 11. The whole point of this Bill is that it is going to be ready for the COP 26 meeting. It is a model Bill. It is something that we hope that other countries will adopt as a method of dealing with very difficult problems.

It seems to me in business experience that if you have long long-term targets, interim targets are very helpful. Therefore, as a necessary logical consequence, one would want the model Act to have such interim targets as well—the exemplar we would want other countries to follow. As I am sure we will be managing the thing in a logical way and therefore managing it with interim targets and would want other people to do that as well, it is logical that we should have these targets.

[Baroness Parminter (LD)]

My Lords, I thank the noble Baroness, Lady Brown of Cambridge, for her excellent opening remarks. As she rightly said, a number of us spoke at some length on this matter in Committee. We have had excellent expositions from her and supporting evidence from the noble Lord, Lord Deben, of the merits of this case and why we need these statutory targets. It is not just this House that is calling on them —business is calling on them. This is what it needs to make the changes in the future for our country and for the sustainability of companies. Given that time is tight, if the noble Baroness were to press this to a vote, she would have the support of these Benches.

[Baroness Hayman of Ullock (Lab)]

My Lords, I will speak in support of Amendments 11 and 14 in the name of the noble Baroness, Lady Brown of Cambridge, to which I have added my name. I thank the noble Baroness for her introduction.

In Committee, we tabled an amendment to place a statutory duty on the Secretary of State to meet any interim targets. We were very disappointed that the Government did not agree that this is important if we are to make genuine progress in improving our environment. I assure the noble Baroness, Lady Brown, today that if she chooses to test the opinion of the House, she will have our support.

It has been made clear in the debate today, as it was in Committee, that we really need to make sure that the interim targets are going to be met. Amendment 14 would strengthen the EIPs to do this and link them to the targets to make them legally binding, as opposed to their current standing, which is really being nothing more than policy documents.

As I said in Committee when I provided your Lordships’ House with a number of examples of how voluntary environmental targets had been badly missed or even abandoned on a number of occasions, this really only emphasises the need to make sure that the interim targets are as legally binding as the long-term ones.

The Government have seen fit, as we know, to bring in a legally binding species abundance target for 2030, which we welcome and support. This shows that the Government do not, in principle, object to legally binding short-term targets and, indeed, accept that they can drive progress in that area. It seems very inconsistent, as the noble Baroness, Lady Brown, said earlier, that they are not doing it in this case. As the noble Lord, Lord Deben, strongly explained, the Climate Change Act 2008 has been very successful in holding the Government to account on their interim targets. I have heard no compelling justification for why there should be this critical difference in the Environment Bill.

The Minister made the point in Committee that long-term targets provide much-needed certainty to business; the noble Baroness, Lady Brown, also mentioned business and the Aldersgate Group. The Minister said that for businesses to invest confidently they need flexibility around the interim targets but the Aldersgate Group representing business has said that that is not the case. In fact, it has been very clear that it wants other legally binding interim targets so that it can deliver the much-needed investment in nature restoration.

I acknowledge the noble Lord’s previous argument that change towards long-term goals and progress towards meeting them, does not always happen in a linear way. However, I do not accept that this is a convincing argument not to make the interim targets legally binding. Instead, it is an argument for the Government to apply some flexibility in the type of interim targets they may well be setting. We know that the Bill already gives the Secretary of State considerable discretion in setting these interim targets

The noble and learned Lord, Lord Thomas of Cwmgiedd, made the point that if you get this set, it means that any early action taken is much more likely to be sustainable as well. So, if we set end goals far into the future, we need binding interim targets with monitoring and scrutiny to prevent the targets being potentially kicked into the long grass or left to the last minute.

Finally, I remind your Lordships’ House that, as I mentioned in Committee, this is not just an issue for Defra. This is important, because if we are to meet our environmental targets, other departments have to play their part. If the interim targets are not binding, why do we think that the DfT, BEIS, local government and others will be on the path to meet the long-term targets? They will have their own priorities, so they will need to be properly encouraged by legally binding targets to make the progress we need.

This amendment would hugely strengthen the Environment Bill and its outcomes. I urge the Minister to review his previous position and support it.

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With environmental principles, the key really is in the word “principles”. Those principles should apply across the board to government, with the already existing allowance for due flexibility, particularly in case of emergency. I beg to move.

[Baroness Parminter (LD)]

My Lords, I thank the noble Baroness for moving the amendment in the name of the noble Lord, Lord Bird. I support the sentiments and the important issues that it raises and thank her for her remarks and her support for my Amendment 20.

The point of Amendment 20 is to help the Government’s policy statement on the environmental principles to put environmental protection at the heart of government decision-making. Currently, the principles ask departmental Ministers to consider the least environmentally damaging option when they are looking at a range of policy options. However, not all Ministers are obliged to take that policy statement into account. The MoD and the Treasury are exempted because defence and tax and spending have a disapplication from the existing statement on environmental principles.

I thank the Minister and his colleagues for meeting me over this summer to discuss this matter, but I am disappointed that we have not made as much progress as I thought we might, and I reserve my right to test the opinion of the House on this matter. As the noble Baroness said, the Minister said in Committee that the reason for this exemption was that it could restrict our response to urgent threats. I accept entirely that the MoD will have urgent threats which it needs to respond to, and I would support the Government coming forward with a targeted disapplication to enable that to happen. However, this is not a targeted disapplication; it is a blanket disapplication for the MoD. The MoD has a third of all the UK’s SSSIs—our most special land for habitats and for environmental protection. In addition, there are all the tenanted farmers, the ancient woodlands and all the land that could deliver so much in terms of natural resource protection on the 2% of the UK land mass which is the military estate in the UK.

There are plenty of examples in pockets of the MoD where it shows that it can marry together environmental protection and the protection of the state. However, unless we change this clause as it stands, I fear that the description in the National Audit Office review in 2020 of environmental protection in the MoD as a Cinderella service will not change. Equally, since then, in March of this year, the Minister Jeremy Quin MP and others launched the MoD’s new climate change and sustainability approach. It says:

“The response to climate change and sustainability in Defence must be led from the top and applied across all areas and at all levels.”


Without this amendment, that cannot be delivered.

As regards the exemption for the Treasury and for tax and spending policy, given the importance of tax policies and departmental budgets to deliver environmental targets when we are looking at managing the land for protecting the environment, it is almost unbelievable that there is that exemption. It means that Ministers will not have to consider environmental matters when they are looking at spending issues such as roads. As the noble Baroness said, the Minister’s response was that the exemption was to allow maximum flexibility. In the Government’s response to the Dasgupta review, which was produced earlier and to which the Government have signed up, they accepted that nature was a macro- economic consideration and supported setting out steps to align national expenditure with climate and environmental goals. Without this amendment, that cannot be delivered.

It is not just me saying that; since we last met in Committee, the office for environmental protection has given its first advice—at the request of the Government—on the draft environmental principles policy statement. I will quote from the chief executive offer of the OEP, which we will come on to in the next group of amendments. Natalie Prosser said that

“there are such important benefits to be reaped should policy-making across all departments embrace and live by these principles.”

That is all departments—not some departments. It would be a very worrying sign if the Government were to refuse that first piece of advice from the OEP.

[Lord Krebs (CB)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Parminter, and I have put my name to Amendment 20. I will be very brief, because I had a real moment of joy and optimism this morning when I read the latest Defra briefing notes, called Key Facts on the Environmental Principles. I will read out two sentences from this factsheet, which lead me to believe—if these really are facts, as it says —that the Government have changed their mind. First, “Ministers across government”—I emphasise that—“will be legally obliged to consider the principles in all policy development where it impacts the environment”. Secondly, “All government departments” —I emphasise that—“must consider the environmental principles policy statement when developing policy”.

I assume that unless the key facts are not key facts, the Government have indeed accepted Amendment 20, and I very much look forward to the Minister confirming that in his response.

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Moved by

[Baroness Parminter]

20: Clause 19, page 12, line 4, leave out paragraphs (a) and (b)
Member’s explanatory statement
This amendment removes the exceptions for armed forces, defence policy, tax, spending and resources from the requirement to have due regard to the policy statement on environmental principles.

[Baroness Parminter (LD)]

My Lords, I thank all noble Lords who have supported my amendment, and the Minister for his response. His comments on the Treasury reiterated the point about flexibility. This Government have got to decide either that nature is a macroeconomic consideration that they want to take seriously, or that it is not.

Secondly, regarding his comments about the MoD, when again, he reiterated the points about flexibility, we had no answer to the question asked in Committee by the noble Baroness, Lady Bennett. The MoD is obliged to take the requirements of the Climate Change Act into consideration; it should have to do the same for this Bill. It is not right that the Government are not prepared to do this. The noble Lord, Lord Khan, summed this up well when he said that by not taking forward this amendment, the Government are sending out all the wrong signals to businesses and the public. I therefore wish to test the opinion of the House.

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[The Earl of Caithness (Con)]

My Lords, no Minister likes an authority such as the OEP, because the Minister is undoubtedly convinced that his policy is absolutely right. However, when one stops being a Minister and looks back, one realises the importance of bodies such as the OEP.

I think my concern was summed up beautifully by the noble Lord, Lord Krebs, when he said that this is the one thing we have to get right. We were promised a totally independent body, equivalent to that which operated when we were in the EU. I accept that the Government should not be fined for not doing the right thing, but the OEP not only is—but has to be seen to be—totally independent. The Bill as drafted at the moment does not cover that. I hope that my noble friend will not be intransigent and stand out against this amendment but will go back for one more go with the other people in the department and the Secretary of State, understanding the enormous support there is in this House for the amendment of the noble Lord, Lord Krebs. It would be so much better if the Government solved this problem rather than having a Division. My noble friend was very good to me on my amendment on soil and has made a promise; I hope that he will be able to do the same thing again.

[Baroness Parminter (LD)]

My Lords, I will not detain the House for long because the noble Lord, Lord Krebs, has made a compelling case for his amendment, to which I was very happy to add my name. I just want to add a reflection on the point which I think all of us feel very strongly about. There will sometimes be occasions when the OEP will have to take Ministers to task. There has to be not only a degree of separation between the OEP and the Government but also public confidence in that degree of separation.

I ask the Minister to reflect on the fact that the public will see what is happening in Scotland, where the body they are setting up has no such curtailment of its powers. Indeed, Environmental Standards Scotland has the powers to take the steps it considers appropriate to secure public authorities’ compliance with environmental law. The public need to see that there is independence between the Executive and this body. If they look to Scotland and see what is happening, that is another reason to support the case that the noble Lord, Lord Krebs, has made so compellingly. Therefore, I support him and the noble Baroness, Lady Ritchie. If they should be pushed to a vote, our Benches will support them.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am pleased to support Amendments 24 and 30, to which I have added my name. The noble Lord, Lord Krebs, as ever, has set out persuasively why we think Amendment 24 is so important. As he said, a strong, effective and trusted OEP is essential to underpin all the other measures in the Bill. As the OEP will be scrutinising the Government’s compliance with environmental law, it is vital that those points of separation, as well as interface, are set out clearly from the start. We cannot afford to fudge the relationship, which, I am sorry to say, the government amendments attempt to do.

Our amendment would take out Clause 25, which allows the Secretary of State to issue guidance to the OEP, and replace it with one that sets out that the OEP has “complete discretion” in its enforcement policy, exercising its enforcement functions and preparing a budget. It would also make it clear that the non-executive appointments must be approved by the relevant parliamentary committees.

--- Later in debate ---

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I spoke to and signed the amendment in Committee. I entirely support the new wording. I said in Committee that the judges could be trusted. The Government might have had a little doubt about some of it but, with the changes to the clause, I cannot see what greater protection any Government could legitimately seek.

[Baroness Parminter (LD)]

My Lords, I added my name to this amendment in the name of the noble Lord, Lord Anderson of Ipswich, and we wholeheartedly support it. My particular concern is around the planning issue, which the noble Lord, Lord Duncan of Springbank, has rightly articulated. My worry is that the Government have introduced the provisions they have because they fear that there is currently too much weight given to environmental protection in the planning system. That is something we must oppose. In Committee, the noble Lord, Lord Krebs, said that it

“biases the scales of justice”—[Official Report, 30/6/21; col. 810.]

and changes the balance away from the environment. That is the problem and that is why we on these Benches support this amendment.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I add my voice in support of these amendments. We very much concur with the arguments put forward this evening. We agree that these proposals are quite modest. I think the noble Lord, Lord Anderson, has been quite modest in his redrafting. I hope, as I said in the previous group, that if these amendments are passed this evening, the Government will use the opportunity to have a proper dialogue with those who have been working on these issues. I am sure the Minister has got the sense of the strength of feeling on this and we hope that we will not see these amendments in any shape or form coming back at a later stage. I look forward to the Minister’s response.

Environment Bill

Baroness Parminter Excerpts

Monday 6th September 2021 Lords Chamber

[Baroness Parminter (LD)]

My Lords, government Amendment 6 is truly world-leading. Here in the UK it will be pivotal in delivering the Government’s ambitions through the Environment Bill, and indeed it could be pivotal globally—as the noble Baroness, Lady Young of Old Scone, said—by ensuring that, in the run-up to the CBD next year, other countries deliver the level of ambition that we have.

I am grateful to be one of the co-signatories of Amendment 5, which the noble Lord, Lord Randall, so eloquently introduced. I hope he helped apply a little pressure, as this House did, to ensure that this state-of-nature amendment was strengthened. It was not just us four—we would never dream of thinking we were that influential. The House of Lords Environment and Climate Change Select Committee, which I am privileged to chair, made a strong case, I believe, to the Secretary of State to do likewise. I pay tribute to the many hundreds of small charities and organisations and thousands of individuals who have been part of the state-of-nature campaign and who put pressure on the Government to deliver this amendment. As I say, it is a truly world-leading amendment, and the Government are to be congratulated. I will come back to that in my final remarks, but I want to say two brief things about Amendments 7 and 9.

As the noble Lord, Lord Krebs, says, it will be enough of a stretch to achieve the target outlined in Amendment 6, let alone that in Amendment 7. For my money, Amendment 7 has served its purpose. We created a strong pincer movement to ensure that the Government felt the full weight of pressure, and Defra was perhaps able to persuade other departments that there were far worse pressures out there if they did not acquiesce to Amendment 6. While I accept the case, I think it has served its purpose.

On Amendment 9, with apologies to the noble Baroness, Lady Young of Old Scone, with whom I rarely dare to disagree, on this occasion I again feel that there are times in politics when you just have to stop, look the opposition in the eye—in this case it is the Government—and say thank you, recognising the enormity of what has been done in Amendment 6. Therefore, we will make no further requests on this issue. There will be plenty more on many other issues, as I know the Minister will expect, but it is time to stop and say thank you.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am speaking to Amendment 7 in my name, and to support Amendments 5, 6 and 9. We had an extensive debate in Committee on the Government’s new clause setting out the need for species abundance targets, and many of the arguments have been reiterated today. It followed the excellent work of my colleagues in the Commons, who set out proposals for setting out and meeting a state-of-nature target, which we still believe is a clearer and less ambiguous concept than species abundance.

The flaws in the Government’s new clause were clear for all to see when it was published—in particular, the lack of determination to meet the new target and instead only a requirement to

“further the objective of halting a decline in the abundance of species.”

It also remained unclear which species would be covered by the target and whether they would be given equal weight. The noble Lord, Lord Krebs, quite rightly raised those questions today, as well as asking about the baseline, metrics and monitoring. Those questions still remain to be answered, and I am sure the Minister will address them.

However, since the debate, we have been grateful to Ministers for meeting with us and discussing whether the commitment in the Bill could be tightened up. We are obviously pleased that the Government have now tabled a further amendment to the Bill, making it clear that they now commit to halting species decline by 2030. But unlike the noble Baroness, Lady Parminter, I regard this as only a partial success. I very much thank my noble friend Lady Young, the noble Lords, Lord Cameron and Lord Krebs, and the noble Baroness, Lady Bennett, for sticking with me on Amendment 7 and continuing to support it. The government amendment is a far cry from the action that is really needed and from the Government’s promises on this issue.

I will not rehearse it all again but, in Committee, we heard about the Secretary of State’s Delamere Forest speech, in which he made it clear that this is about not just halting the decline of nature but stemming the tide of the loss and turning it around. We know that the G7 communiqué states

“our strong determination to halt and reverse biodiversity loss by 2030”.

So my question for the Minister is this: if not in this Bill, when will we see the actions necessary not just to halt the decline in species but to begin to reverse it? Surely our credibility at COP 26 will rest not just on the pledges and promises of our leaders but on their determination to make the commitment a reality. This is why we tabled Amendment 7, which would make it clear that the objective is to halt, and then begin to reverse, the decline.

In Committee, the concept of bending the curve was raised several times; it has been repeated again this evening. This is what our amendment seeks to address. Regretfully, we are still on a downward spiral of biodiversity decline. We cannot halt the decline overnight, but we can begin to slow and reverse that trend so that the curve begins to go in a positive direction by 2030. Indeed, the Minister confirmed in his response at the time that

“We are on a downward trajectory both here and elsewhere in the world. That is why our challenge and our objective is to bend that curve.”—[Official Report, 23/6/21; col. 339.]


That is what our Amendment 7 will deliver, with nine years to halt and begin to reverse that downward trajectory. The alternative, as the noble Baroness, Lady Bennett, said, would be a state of nature destined to be much worse than it is now, with no way back. This is why we think that our amendment is simple and modest, and why it is the logic of everything that the Minister has argued up to now.

Nevertheless, we accept that the Government have listened on this issue. As I said, we welcome their Amendment 6 in the spirit of compromise, because I know that it was not an easy decision. We all know that the target to halt the decline of species abundance, although vital, is a stretched target and will not be easily reached. We pledge to do everything that we can to support the Government in delivering this commitment and begin the reversal of the decline, so we will not put our amendment to a vote. But we sincerely hope that such a reversal is the ultimate outcome of the pledge that the Minister has given today.

I want briefly to say something in support of my noble friend Lady Young’s Amendment 9. As ever, she set out the arguments with huge authority and clarity, and I will not attempt to compete with her. She rightly made the point that species recovery and habitat protection should go hand in hand. Individual species need suitable habitats to thrive. What we need are equivalent targets for habitats, also to be delivered by 2030, which would contribute to a positive state of nature by then. Whether it is hectares in the national site network or sites of special scientific interest, we need stronger measures to enhance and preserve them. I hope that, in his response, the Minister will be able to assure my noble friend that this is the Government’s intention and that these two strands of nature recovery will work in parallel and to the same timeframe.

On that basis, I look forward to the Minister’s response.