Draft Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) (No. 2) Regulations 2024

Rebecca Pow Excerpts

Wednesday 24th April 2024 General Committees

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

I beg to move,

That the Committee has considered the draft Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) (No. 2) Regulations 2024.

It is a pleasure to see you in the Chair this morning, Dr Huq. The regulations were laid in draft on 14 March 2024.

Atlantic bluefin tuna are present again in UK waters, increasingly in abundance after many years. That stocks have recovered is indeed good news. In 2021, the International Union for Conservation of Nature changed its assessment of bluefin tuna from endangered to least concern, which reflects the improving state of the stock. There is significant demand for recreational fishing access to bluefin tuna, which will boost tourism in coastal communities and deliver social and economic benefits. I am especially aware of that being a south-west MP, and it is particularly pertinent to areas off the coast in the south-west.

Following European Union exit, the UK joined the international convention for the conservation of Atlantic tunas. That is referred to as ICCAT, as is the international organisation that manages Atlantic bluefin tuna, the International Commission for the Conservation of Atlantic Tunas. Joining ICCAT enabled the UK to secure a bluefin tuna quota for the first time.

In line with ICCAT rules, this draft statutory instrument will enable UK fisheries Administrations to open catch and release recreational bluefin tuna fisheries. It will permit authorised recreational fishing vessels to target bluefin tuna by rod and line only, and on a catch and release basis. Without the legislation, the UK would be able to run only commercial and scientific bluefin tuna fisheries, preventing us from unlocking the social and economic benefits associated with the recreational fishing of this valuable species.

So far, UK fisheries Administrations have taken a cautious and measured approach to managing the bluefin tuna quota by running scientific catch and release tagging or CHART programmes over the past three years. Under the CHART programme, bluefin tuna were caught and released with a low incidental mortality rate. The programme provided valuable data on the social and economic benefits associated with recreational access to bluefin tuna. A trial commercial fishery for bluefin tuna ran in 2023 in UK waters. For 2024, the UK has been allocated 16 tonnes of bluefin tuna quota for recreational fishing, which amounts to about 100 tunas —obviously that depends on size. Fish will be caught and released, but the quota is needed to cover any incidental mortality.

The Marine Management Organisation expects to open a recreational fishery in English waters in 2024—this year. The Welsh Government are also considering opening a recreational fishery in Welsh waters. Those fisheries will run alongside further CHART programmes elsewhere in the UK, as well as the continued commercial bluefin tuna trial, which will run for its second year.

ICCAT requires any recreational targeting of bluefin tuna to be authorised. The UK fisheries Administrations currently do not have the appropriate powers to authorise recreational fishing of bluefin tuna. Therefore, the Government wish to proceed with the draft legislation to bring recreational bluefin tuna fishing into line with the ICCAT regulations.

This draft instrument updates and amends assimilated law, namely EU regulation 2016/1627, to provide a legal framework for the UK fisheries Administrations to authorise permitting regimes in their waters should they choose to do so, and to prohibit explicitly the unauthorised recreational targeting of bluefin tuna. The amendments are distinct from licensing requirements under section 14 of the Fisheries Act 2020, which apply only to commercial vessels.

The instrument will support the delivery of the sustainability and scientific evidence objectives of the 2020 Act. It also amends the Sea Fishing (Enforcement) Regulations 2018 to confer enforcement powers on the Marine Management Organisation and the inshore fisheries and conservation authorities. With an annual allocation of 16 tonnes of quota, bluefin tuna recreational fisheries are expected to generate about £25 million in charter fees and significant additional spend over the next 10 years in deprived, rural and coastal communities. That spend will increase if quota allocations increase, so this is obviously very important for many of our coastal areas. Fisheries will also contribute to our knowledge of the abundance of bluefin tuna in UK waters.

The devolved Administrations are supportive of the amendments made by the instrument. If it is not passed, there will not be enough time to open the bluefin tuna fisheries for the full 2024 season—the aim is to open them in early August—charter businesses will lose revenue, and there will be an increased risk of illegal fishing.

I hope I have reassured Members about the purpose and aims of the instrument, which will deliver socioeconomic opportunities to coastal communities. For the reasons I set out, I commend it to the Committee.

--- Later in debate ---

[Rebecca Pow]

I welcome the shadow Minister’s support. I hoped he would support the regulations given his interest and background in coastal issues, so that is positive. He and I agree that this legislation been much called for, is extremely welcome and will make a big difference to our coastal communities, which face many challenges. Anything we can do to help them is welcome.

I will make my best effort to answer the shadow Minister’s questions. I am standing in for the Minister for Food, Farming and Fisheries, so if I fail to answer any of the questions, my team will make a note of them and we will get back to the hon. Gentleman, but I shall do my best.

The shadow Minister asked why this instrument was not combined with the Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024. This instrument needed its own time. It is very important, and to include it with another instrument was not appropriate. We wanted this instrument to be fully dealt with because so much research, as the hon. Gentleman knows, has gone into it. We have had trials and a lot of people have fed into this, so it is important to give it its own time. The other regulations dealt with an administrative amendment, as he knows, to bring bluefin tuna management into line with ICCAT requirements. It was not appropriate to combine the two instruments.

The shadow Minister asked about the number of permits. Those are based on a fisheries model used to forecast tuna mortality for a given length of season and number of permits. The whole model has been developed with the industry and a lot of discussion has taken place with the MMO, Cefas—the Centre for Environment, Fisheries and Aquaculture Science—the Angling Trust and fishermen themselves, so I hope that that answer satisfies him.

The hon. Gentleman and I agree that it is really good news that the stocks have recovered. That demonstrates —this relates to matters that I particularly dealt with as the previous marine Minister—that if the right science is involved, so that we know what our fish stocks are, and then the right management is put in place, it is possible for our seas to recover. We know that from our marine protected areas—that is why they are so important —and our highly protected marine areas. This situation is a good demonstration of it, because taking the right action has allowed the stocks to recover, although there will be an impact, which we do not quite know yet, in relation to climate change and warming seas. Much of the food for the tunas—the herring and mackerel that they eat—has moved, which probably has some link to climate change or change in currents. That is why it is so important to monitor our stocks and keep an eye on what is happening.

The hon. Gentleman mentioned welfare. Obviously, that issue has been carefully considered. Natural England has been involved in the code of conduct on welfare, and a lot of consultation has occurred to ensure that we have the right measures in place, in relation to the fishing, to reduce any mortality. The evidence from the trials shows that having the right training and advice for the skippers and those who will be taking part in the recreational fishing can really reduce the mortality rates. That is why the training programmes are so important and everyone is being encouraged to go on them. It is so that when they apply for and get their permit, we know that the whole industry will be conducted responsibly, with the best welfare in mind.

Consideration has included the type of hooks used. The advice is to use circular hooks, which do not go as far down the fish’s throat and cause less damage. All that was researched very closely. Interestingly—I asked this question about the tuna—the fishermen do not even pull them right out of the water; they have to remain alongside the boat. All those matters were taken into account in the debates and discussions about welfare, so I hope that I have reassured the hon. Gentleman about that. There is a very clear code of conduct and guidance, but all of it will still be up for review. There will be further trials, and the system can be tweaked and changed, if necessary, as the scheme goes along.

I hope that my comments give the hon. Gentleman assurances about many of the questions that he asked. I reiterate the need for this instrument in order to enable the UK fisheries Administrations to establish recreational bluefin tuna fisheries in their waters. I stress that the regulations will bring social and economic benefits to the fishing industry and our coastal communities, which need that so much. They have also been devised with the codes of conduct and so on, so that the whole industry will be sustainable. This is sustainable management of bluefin tuna. Again, I commend the instrument to the Committee.

Question put and agreed to.

Hunting Trophies (Import Prohibition) Bill

Rebecca Pow Excerpts

2nd reading
Friday 22nd March 2024 Commons Chamber

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

Many Members on both sides of the House have been eagerly awaiting the passing of this piece of legislation, as have many outside campaigners who have worked tirelessly on the issue and many of our constituents. I have had many emails on the issue in Taunton Deane. I thank the right hon. Member for Warley (John Spellar) for introducing the Bill and all those who have taken part in the debate, not least my hon. Friend the Member for Crawley (Henry Smith), who did such a sterling job just one year ago. I think he will agree that we had a lively debate then, and we have had a similarly lively debate today.

I want to list some of the colleagues from both sides of the House who have spoken eloquently. My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) made the point well about taking photographs of these wonderful creatures. There were interventions by my right hon. Friends the Members for Chipping Barnet (Theresa Villiers) and for Suffolk Coastal (Dr Coffey) and my hon. Friend the Member for Watford (Dean Russell), but there have also been moving speeches, in particular from my hon. Friend the Member for Crawley. Of course, many Opposition speakers have joined in as well.

It is clear that the issue of hunting trophies continues to divide opinion. We have witnessed some of that today from my hon. Friends the Members for Christchurch (Sir Christopher Chope) and for North Herefordshire (Sir Bill Wiggin). There is disagreement over the scientific, social, economic, moral and ethical rationales for trophy hunting, and that will no doubt continue for some time. There are those who point to evidence of the potential benefits of well-managed hunting—we heard a great deal about that from my hon. Friend the Member for North Herefordshire. We also heard the other side of the argument, with evidence of the harm caused by poor practice.

I want to stress something critical: we face the triple planetary crisis of biodiversity loss, climate change and pollution. Those are the greatest threats we face globally and, as the nature Minister, they are in my inbox every day. I am only too aware of all those threats and of how we need to tackle them. About 1 million animal and plant species face extinction. Much of that has occurred very recently—in our lifetime. The abundance, diversity and connectivity of species is declining faster than at any time in human history, and that includes the species targeted for trophy hunting. We all know and love them: elephants, rhinos, lions, leopards and polar bears, to name just a handful.

There are those who argue that banning the import of trophies from those animals will do nothing to improve their conservation status, and I am certainly listening to my hon. Friends on that, but we have to ask ourselves whether importing into Great Britain trophies from endangered animals helps to tackle biodiversity loss. Does this trade really help to secure a sustainable future for species on the brink of extinction? Many animals are under terrible threat anyway because their habitats are shrinking. That is happening for a range of social and economic reasons, but climate change is certainly part of it. Ultimately, the aim of the Bill is to ensure that imports of hunting trophies to Great Britain do not put additional pressure on already threatened species. That is what should concentrate our minds, and that is why I am pleased to confirm that the Government will support the Bill. In doing so, we signal our continued determination to fulfil our manifesto commitment in this regard.

I have heard the argument that a ban will have implications for local communities and conservation efforts globally, which is definitely something we must consider carefully. We must be alive to the unintended consequences. However, the Bill is about imports into Great Britain, as many have said in the debate—my right hon. Friend the Member for Suffolk Coastal reminded us of that. This is about listening to the British public. There is a clear, strong and consistent message that we need to bring to an end the imports of endangered animals taken as hunting trophies. The winds of change are blowing us in that direction, and a number of countries have already put restrictions in place.

[Sir Christopher Chope]

Will my hon. Friend give way?

[Rebecca Pow]

I am not going to take any interventions, because Members have made so many already and we do not want to restrict the debate on the ultra low emission zone, but I will refer to some of the points that my hon. Friend rightly raised in a moment.

It is important to recognise that the import ban will not prevent a UK resident or citizen from participating in hunting while they are overseas. Trophy hunting can and will continue around the world. It is right that each country should be able to decide how best to manage its own wildlife, and the Bill does not change that. That point was highlighted vociferously by my hon. Friends the Members for Christchurch and for North Herefordshire, but it has to be remembered that we are not preventing that. Countries around the world on both sides of the debate have had regular opportunities to discuss this issue and raise their points. Indeed, we have had letters from the Presidents of Botswana and Namibia—the high commissioner was written to just yesterday.

It is important to keep in mind the contribution that the UK trade in hunting trophies makes. Annual imports of hunting trophies to the UK are very few in number—on average, there have been 73 a year over the last 10 years. Even so, it is essential that we play our part to ensure that communities around the world benefit from conserving the wildlife that they live alongside. That was reflected in the agreement of the hugely important global biodiversity framework. There is now a strong and essential focus on how, as a global community, we finance biodiversity, conservation and restoration work. Members will be aware of just how much the Government are doing on that front, with our huge £93 million Darwin initiative and our £30 million Darwin Plus initiative. All of that focuses on biodiversity and conservation, working with locals and indigenous peoples.

Penultimately, let me run through some of the provisions in the Bill. The Bill will ban the import of hunting trophies from specific species, with the explicit aim of ensuring that imports into Great Britain do not place unnecessary pressure on species that are at risk. For those species, an import ban without exemptions will be the most effective protection, as it will provide clarity and address the conservation concerns arising from trophy hunting.

Clauses 1 and 2 make provision for the import ban, which will cover trophies brought into Great Britain from animals hunted after the legislation comes into force—there are strict, clear lines about anything that happens before that. The definition of a hunting trophy in clause 1 is:

“the body of an animal, or a readily recognisable part or derivative of an animal, that…is obtained…through hunting…for the hunter’s personal use”.

That is how hunting trophies are defined in our current controls under CITES.

Clause 2 applies the import ban to all species listed in annexes A and B of the wildlife trade regulation. The wildlife trade regulation implements the convention on international trade in endangered species—CITES—in Great Britain. Annexes A and B are broadly equivalent to appendices I and II of the convention, and include species that the global community has agreed to protect through trade restrictions due to their conservation status. They cover a great number of species threatened by international trade, such as big cats, all bears, all primates, hippos, rhinos and elephants. As a result, the Bill will end the permit system for imports of hunting trophies derived from those species. There will be no provision for exemptions to the import ban.

Clause 3 is about movements from Northern Ireland. The clause states clearly that the import ban will

“not apply in relation to the removal of qualifying Northern Ireland goods from Northern Ireland to Great Britain.”

Clause 4, which was mentioned by my hon. Friend the Member for Christchurch, establishes an advisory board on hunting trophies. The clause states:

“The role of the Advisory Board is to advise the Secretary of State on any question relating to this Act”.

Clause 5 simply covers the Bill’s extent, application, commencement and short title.

Let me quickly discuss the impact assessment, as I did not allow any interventions. We heard some views about the impact assessment and what the Government will do about it, but there are two sides to that. The impact assessment presented both sides of the debate, but it also highlighted that trophy hunting can lead to population declines and that over-hunting threatens more than 30% of endangered mammal species, according to the International Union for Conservation of Nature. The impact assessment also noted that trophy hunting quotas are inappropriate, unscientific, excessive and over-reliant on opinions, and that the management of such quotas is based on poor-quality data. Similarly, a report by the University of Oxford found that the damaging effects of the unsustainable trade in hunting can extend beyond hunting areas.

I hope that I have answered some of the questions. This has been a very positive and lively debate on both sides of the House. I thank the right hon. Member for Warley for bringing the Bill back to the House, and reconfirm that the Government are fully committed to supporting it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With the leave of the House, I call John Spellar to wind up.

Oral Answers to Questions

Rebecca Pow Excerpts

Thursday 14th March 2024 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

8. When his Department plans to publish its strategy for chemicals.

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

This Government are committed to protecting human health and the environment, and we will be setting out our priorities for addressing risks from chemicals in due course. To be clear, though, the new draft strategy sets out that our chemicals policy and regulatory decisions will be independent of the EU; they will be bespoke to the UK.

[Chi Onwurah]

The cosmetics sector is often overlooked, perhaps because we are unwilling to show how dependent we are on that sector, or perhaps because so many of the 550,000 people who work in that sector are women. The Cosmetic, Toiletry and Perfumery Association manifesto makes it clear that it requires a safe and sustainable supply of chemicals within a robust, internationally compatible regulatory framework. Is it not clear that this ongoing chaos with the chemicals strategy means that what it actually requires is a change of Government?

[Rebecca Pow]

A great many people from that industry were at an international women’s event about sustainability that I spoke at yesterday. In our engagement on the new alternative transition model, which involves working with the industry very closely, we are taking into account the fact that supply chains are complicated, that they operate cross border, and that the sector values access. We will be consulting on the strategy very shortly.

[Mr Speaker]

I call the shadow Minister.

[Ruth Jones (Newport West) (Lab)]

The Minister told me in January this year that the chemicals strategy will be produced next year, before correcting it to this year. Whether it is this year, next year or sometime never, does she agree that the strategy will be worth the paper it is written on only if the UK regulations catch up with other countries and stop hazardous substances being dumped here, damaging our environment and public health?

[Rebecca Pow]

As the hon. Member will know, there is a global framework on chemicals. I attended a conference on the UN global framework on chemicals back in September in Bonn. We signed up to the framework, which is binding, sets targets and international commitments, and relates to finance capacity-building, so that we can soundly manage and handle our chemicals and waste, and that is exactly what we are doing with our bespoke UK strategy.

[Mr Speaker]

I call the Chair of the Environment, Food and Rural Affairs Committee.

--- Later in debate ---

[Rachel Hopkins (Luton South) (Lab)]

T3. Hedge-rows provide a crucial habitat for nearly 130 priority species, including some red-list birds, and they are a carbon store. When cross-compliance ended on 1 January this year, long-standing legal protections for agricultural hedgerows ceased to apply, ending the 2 metre buffer strip and the no-cutting period. The Government committed to reinstating important protections, so will Ministers explain when the Government will lay legislation to close gaps in hedgerow protection urgently, in particular as bird-nesting season is under way?

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

The hon. Lady is slightly behind the times. We have committed to protecting our hedgerows in law in England. We carried out a consultation, and this measure was extremely popular with our farmers, because we know how much they value hedgerows. They will be protected with those regulations, including the 2 metre buffer strip from the centre of the hedge, and all the rules and regulations on what can and cannot be done, and the cutting ban. We are fully behind that. We are working on the fight to protect nature, and that will be part of getting to our nature target.

[Tom Randall (Gedling) (Con)]

I thank the Minister responsible for water for coming to Vale Road in Colwick recently to meet residents affected by flooding. I know that that meeting was very much appreciated. Will the Minister reassure me that he and his Department will carry on working with me to continue to improve flood defences in Colwick and across Nottinghamshire, so that the residents can sleep a little better at night?

Flooding

Rebecca Pow Excerpts

Tuesday 6th February 2024 Westminster Hall

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

I thank my hon. Friend the Member for Tewkesbury (Mr Robertson) for securing the debate. Given this is a short debate, the number of interventions truly demonstrates how important the matter is; so many hon. Members are standing up for their constituents. I was the flooding Minister and worked closely with almost everyone in this room to make sure that we are developing a nation that is resilient to this ever-changing demand because of our climate. I am no longer the floods Minister; that is the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Keighley (Robbie Moore), who I am standing in for during this debate—I will certainly pass on some messages to him.

I clearly sympathise with anyone who has ever been flooded, going back 17 years in the Tewkesbury area. Coming from Somerset, I am well-versed in flooding, and the angst and hardship it can cause. As a number of hon. Members have touched on, we are seeing more extreme weather. We have had a whole succession of storms, with Storm Babet, Storm Ciarán and Storm Henk since October, bringing into focus the fact that about 4,400 or so properties were flooded. But we must remember that, as my hon. Friend the Member for Gloucester (Richard Graham) pointed out, almost a quarter of a million properties were protected in those areas that sadly saw flooding. That is the intention behind what the Government are doing with their floods policy.

We have a very strong policy statement to make this nation more resilient, with 40 actions and five ambitious policies stemming from that. Indeed, we have doubled the flooding budget from that of the first tranche to £5.2 billion in this six-year spending round—and that covers coastal erosion as well.

[George Freeman]

In Norfolk certainly, the internal drainage boards are the most expert bodies at handling drainage. Could I make the gentle suggestion that we pay for them through some of the Environment Agency’s substantial funding, rather than through council surcharges, which are very stretched?

[Rebecca Pow]

The drainage boards play a very important role in all of this. They play an important role in many cases, including the provision of nature-based solutions and regulating water levels, as was touched on earlier.

We have allocated a whole raft of funds to help. We announced the frequently flooded allowance, which I really pushed as the floods Minister. That has enabled a whole range of projects that previously did not qualify for floods funding to get off the ground. Because of that fund, we have finally seen spades in the ground in Toronto Close—in the constituency of my hon. Friend the Member for Worcester (Mr Walker), who sent me a picture just yesterday—and a whole range of other colleagues have got projects off the ground.

We have got our natural flood management programme running, because that is another way of managing the water, as well as the £200 million coastal innovation fund. We also have specific pathway projects, one of which is working in the Severn area, to look at more adaptive ways of coping with flooding in the future, which touch on many areas mentioned by my hon. Friend the Member for Tewkesbury.

I hope everyone is aware that we have listened to the issues relating to flooded farmland; we have had comments about Yorkshire in particular. On 4 January, new actions were introduced under the environmental land management scheme, particularly with regard to grassland management and arable land management for flood resilience, as well as water storage on farms—with decent payments. I urge my hon. Friend the Member for Tewkesbury to have a look at that, because we have been listening to our farmers.

We have also listened regarding the issue of sustainable urban drainage, which has been one of my pet subjects since I have been in Parliament. Getting that switched on is in our plan for water, and we are working with the Department for Levelling Up, Housing and Communities to speed up and switch on schedule 3; again, my hon. Friend the Member for Tewkesbury touched on that, and it is so important for regulating water in our housing developments.

[Sir Greg Knight]

Have the Government have reached a conclusion on the effectiveness of dredging the River Parrett?

[Rebecca Pow]

As I come from Somerset, I know that that has been a much-debated issue since the big floods in 2014. A whole range of management processes have helped to control the flooding in Somerset, and recently we have weathered the storms really well compared with the past. Dredging is only one small part of the answer; the rest involves regulating the water, getting the farmers to clear the ditches—which they can do by law—and slowing the flow on the much wider areas. All those measures are part of how we regulate the water.

Lots of our funds have now been switched on to help people who have recently suffered flooding, and Tewkesbury is included in some of the areas benefiting from Government support—as I am sure my hon. Friend the Member for Tewkesbury understands. Our property flood resilience measures have helped to insulate 90 properties in his area, and I urge other hon. Members to look at where they could be helpful.

The flood recovery framework has been triggered, and lots of areas are eligible for that support as a result of the recent storms, including in Gloucestershire and areas around the constituency of my hon. Friend the Member for Tewkesbury. The business recovery grant has been triggered, as has the whole flood recovery framework, which includes discounts for business.

I have had to speed up, but my message is that this Government take flooding really seriously. We have been very creative in listening to people, and with regard to those adaptive pathways, including that Severn valley partnership. I will pass on the message to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Keighley, asking him to meet with all the hard-working MPs up and down the Severn valley to make sure we have got the system right. We have made really good progress up and down the Severn and the River Avon, but that is not to say that there is not more to do, because we are facing climate change.

Question put and agreed to.

Oral Answers to Questions

Rebecca Pow Excerpts

Thursday 1st February 2024 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

4. When his Department plans to bring forward legislative proposals to ban the sale of horticultural peat.

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

This Government are absolutely clear about the need to end the use of peat products in horticulture in England. The use of peat has halved since we signalled that in 2020, and in August 2022 we announced that we would ban the sale of peat for use in amateur gardening. We remain committed to legislating for that when parliamentary time allows. In the meantime, we are continuing to work with the industry to explore ways to help it transition completely to peat-free working.

[Tim Loughton]

UK peatlands store over 3 billion tonnes of carbon, which is more than all the forests in the UK, France and Germany combined. The Government were right to bring in proposals for a ban, but that was back in 2022 and we have had no primary legislation yet. The Royal Horticultural Society, which is committed to being 100% peat-free, says that 40% of the industry is waiting for the legislation, so it can get on with a ban across the whole sector. The industry wants to do it, but it needs the legislation urgently.

[Rebecca Pow]

I too have met the RHS, and went to see its wonderful experiments on peat-free products very recently, some of which the Department for Environment, Food and Rural Affairs put money into. This Government are committed to ending the use of peat in horticulture in England, and we will legislate as soon as parliamentary time allows. I can assure my hon. Friend that in the meantime we are working closely with those who want peat-free mediums, as well as the businesses supplying those growing mediums. A wide variety of work is going on, including research and experiments. As I have said, peat use has halved, and my hon. Friend might be interested to know that the Forestry Commission promises to go peat free—

[Mr Speaker]

Order. I call Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for that very long response. Peatlands in Northern Ireland are extremely important. They absorb water and moisture and improve the habitat. This question is as important in this House as it is to us in Northern Ireland. Given that the Northern Ireland Assembly will hopefully be up and running again, will the Minister have discussions with the Department of Agriculture, Environment and Rural Affairs Minister, to ensure that we can work together for the betterment of all?

[Rebecca Pow]

Peatlands are such an important habitat, so it is important that we work together. That is why we are putting huge amounts of money into restoring peatlands in the uplands and the lowlands, and we have just increased our sustainable farming incentive payments for that. Farmers can get more than £900 a hectare to start to re-wet peat.

[Mr Speaker]

I call the shadow Minister.

[Mr Toby Perkins (Chesterfield) (Lab)]

I agree entirely with what the hon. Member for East Worthing and Shoreham (Tim Loughton) said. We welcome the Government’s intentions on peatland, but the idea that this Government, after 14 years, is so fizzing with new ideas that they do not quite have the parliamentary time to get on with acting on those intentions is, candidly, laughable. Will the Minister tell us what is actually happening? We were expecting legislation in this year’s King’s Speech, but it is not there. There is an urgent need for it, and it is supported by industry. Will the Government just get on with implementing one of the few popular policies they have left?

[Rebecca Pow]

The hon. Gentleman should look at what we are doing on peatland; I have just mentioned it. There is all the work to restore peatlands, both upland and lowland, and all the work on pilot projects so that farmers can transition to new crops to grow on peatland. We have committed to banning the use of peat when parliamentary time allows.

[Dr Neil Hudson (Penrith and The Border) (Con)]

6. What steps he is taking with Cabinet colleagues to help ensure public safety from dog attacks.

--- Later in debate ---

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

9. What steps his Department is taking to help reverse biodiversity loss.

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

This Government have created a whole framework for restoring nature through our legally binding Environment Act 2021 targets, which include our world-leading commitment to halt the decline of species by 2030. We are accelerating action towards that through our environmental improvement plan. It is a shame I was not asked about this by the shadow Minister, but we have restored an area of wildlife habitats the size of Dorset, we have a network of marine protected areas, 5 million trees were planted last year, we have 55-plus landscape—

[David Simmonds]

Ruislip, Northwood and Pinner is home to many incredibly important sites for biodiversity, as are many of our London suburbs. Does my hon. Friend agree that the new Riverside park delivered by Harrow council in partnership with the Hatch End Association is a good example of projects that support biodiversity in our suburbs?

[Rebecca Pow]

My hon. Friend is a great champion for his local area. He is absolutely right; we are working with a range of local partners and people to put nature at the heart of what we do. I cannot commend Harrow council and the Hatch End Association enough for their work—they are putting in an apple orchard, wetlands and wildflower meadows, which are a superb addition to his already beautiful constituency.

[Samantha Dixon (City of Chester) (Lab)]

Environmentalists such as those at Chester zoo were shocked to see that the Government have ignored the advice of their own experts and authorised the use of neonicotinoid pesticides for the fourth year in a row. Will the Minister tell me how that is line with our national and international obligations to reduce the overall risk from pesticides, and how it reduces our biodiversity loss?

[Rebecca Pow]

The hon. Lady will know from reading the details of the derogation that those pesticides will be used only if they hit the criterion; in many cases, they never do.

[Sarah Dyke (Somerton and Frome) (LD)]

10. What assessment he has made of the adequacy of Environment Agency funding levels in the context of recent storms.

Protecting and Restoring Wetlands

Rebecca Pow Excerpts

Wednesday 31st January 2024 Commons Chamber

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

What a wonderful wetland-busting speech that was. But I expected no less of my hon. Friend the Member for Stroud (Siobhan Baillie), who is not only a wonderful advocate for her constituency but a particular advocate for the Wildfowl and Wetlands Trust and—as has been pointed out by some of our colleagues—for all things wetland, helping to embed this subject in our parliamentary agenda. She is fortunate to have in her constituency the wonderful wildfowl and wetland centre at Slimbridge. I am a bit envious, but actually I have the Somerset levels in my constituency, which is itself an internationally recognised wetland, so we have a great deal in common.

I thank my hon. Friend for what she has laid out today and for making the case for more attention for wetlands. I will pick up many of her points but I also want to convey that we are already doing a great deal for wetlands. As we have heard, the term covers a multitude of areas, from the huge internationally protected sites right down to the garden pond. That point was well made by the previous Minister, my hon. Friend the Member for Copeland (Trudy Harrison). I want to talk about what we are doing, while obviously recognising that there is almost always more to do. The importance of wetlands is recognised by the very fact that people have stayed for the Adjournment debate, which is not always the case, so thank you to them.

These ecosystems are not just landscapes of natural beauty and biodiversity; they are also critical to our mission to restore nature and to hit our climate change targets. I am going to lay out the things that we are already doing and the things that we are working on. A year ago, we published our environmental improvement plan, which set out the Government’s ambitions to improve the environment for the whole nation. Those commitments are underpinned by our legally binding Environment Act 2021 targets, including our apex target to halt the decline of species by 2030. This should not be taken lightly; it is a globally leading target. It is pretty phenomenal to have committed to setting such a target in law. We have also committed to creating or restoring over 500,000 hectares of wildlife-rich habitats by 2042.

Internationally, at the most recent convention on biological diversity, COP15, the UK was at the forefront of efforts to secure another ambitious agreement, to protect 30% of the world’s land and oceans by 2030, including through the conservation and restoration of freshwater habitats. We have heard today about the freshwater volunteers working in the Forest of Dean—[Interruption.] Apologies, the New Forest. Those volunteers recognise the importance of the habitat in their area in the constituency of my right hon. Friend the Member for New Forest East (Sir Julian Lewis). In December we furthered our commitment to freshwater wetland habitats at the United Nations framework convention on climate change, COP28, by signing up to the international freshwater challenge. We are also a proud member of the international Ramsar convention on wetlands. Across the UK, including the Crown dependencies and overseas territories, we protect 175 internationally important Ramsar sites. That is more than any other country in the world.

I want to add something that we have done through the environmental improvement plan and the national adaptation plan. We will be establishing a UK wetland inventory in support of the Ramsar convention. This involves mapping where these varied wetlands are, which will inform our actions to restore them, improve them or add to them. That will be very beneficial, and it is something that many people have been calling for. These wetland sites have received enhanced protections that reflect their importance. We have given them the same protections as our country’s most precious sites—our protected habitat sites—to prevent damage by applying rigorous environmental assessments. Our commitment in England is to get 75% of our protected sites into favourable condition by 2042. That will benefit large swathes of these wetlands, and much restoration work will be included in that.

The UK’s wetlands represent some of our nation’s most precious and sensitive habitats, providing a wonderful place for wintering and breeding habitats for wetland birds. We have had a big list, and I am going to add to it. I saw many birds at Slimbridge last week: the black-tailed godwits; the curlews; the beautiful Bewick’s swans; the golden plovers, although I took issue with the wonderful guides who work there because the plovers looked more brown than gold, but the guides said that the sun had to be shining to see the gold; and the wonderful lapwings, which I love—we used to call them peewits at home, on the farm where I grew up.

Those birds are all there at the Slimbridge Wetland Centre, which must be commended for its work and the fantastic advice it gives visitors, regardless of their level of knowledge. I do not know if you are a keen birder, Mr Deputy Speaker, but even if you are not, you would be inspired because the guides point out the most amazing birds flying in and out, and flying in flocks. It is captivating, as my hon. Friends have laid out—a natural treasure.

Wetland habitats are incredibly diverse, from blanket bog to aquatic marginal areas, reedbeds to riverine habitats. They make a huge contribution and restoring them is critical to hitting our targets. We have launched 12 landscape-scale nature recovery projects over the past two years, half of which include wetland habitats within wilding mosaics. As has been said, quite a lot of that money has come to Somerset, including some significant grants for Shapwick Moor and sites in my constituency and that of the hon. Member for Somerton and Frome (Sarah Dyke). Those grants will help to restore worked-out peatlands, which have dried out and are haemorrhaging carbon, by rewetting them, and also enable work with farmers to raise the water table to have wetter feet. Basically, we are getting back to the original state of the peatland—the wetland.

Those projects are supporting species recovery and building resilience against the impacts of climate change. In total, such projects cover something like 200,000 hectares, so a significant amount is already going to restoring those wonderful sites. We are about to announce the successful bids to our £25 million species survival fund grants, which we launched last year. A range of those projects will restore more habitats, including wetlands. Half of the projects funded by our £14.5 million species recovery programme capital grant scheme will support the recovery of wetland habitats and species such as the wonderful lapwing and black-tailed godwit, as well as mammals such as the water vole and white-faced darter. I know that has sparked the interest of Mr Deputy Speaker. As has been said, 10% of our species live in wetlands, so it is important that we look after them and help those that are in decline.

Our countryside stewardship schemes pay for actions to create and manage reedbed and fens. At the recent Oxford farming conference in January, as part of the new environmental land management schemes, we are updating these actions to better reflect the costs and income forgone for all farm types to create and maintain those important habitats. That has resulted in increased payment rates. For example, the previous rate of £35 a hectare for management of a fen has rocketed to £920 a hectare, which has been extremely well received. In addition, we are making these offers less prescriptive and more flexible about how they achieve the intended outcomes. That will help to incentivise the creation of new wetlands, contributing to our outcomes for biodiversity, water quality and net zero.

Beyond their crucial role as a home for our wildlife, we recognise the invaluable ecosystem services that wetlands provide, including water quality and management, carbon sequestration and public wellbeing. All of those have been ably referred to during the debate.

[Siobhan Baillie]

There is even more going on than I had understood. Returning to my point about a UK strategy, over 50 other countries have a strategy for wetlands. As I said, I will take a manifesto commitment, but will the Government be willing to look at what those other countries have done? A lot of the work has already been done, so could we make a commitment to ensure that we bring together all that focus down the line? That would make a lot of people very happy.

[Rebecca Pow]

I thank my hon. Friend for that point. We work widely on the international stage. Indeed, some of our Blue Planet fund and our Darwin fund go to working on wetland areas internationally, particularly restoring mangroves and work on climate change. We are already doing a great deal, but we can always learn from other countries. It should be a reciprocal learning process, and we will continue to work like that.

Through our plan for water, which was launched last year to tackle pollution, water pollution, storm overflows, agricultural pollution, plastics pollution, road run-off, chemicals and pesticides, work is going on to create wetlands to help solve those problems. Work is also under way in a number of catchments on wastewater treatment works to take out the phosphates, which are affecting some of the wetlands. Therefore, we are taking out the nutrients, but we are enabling the creation of nature-based solutions, including wetlands, to help clean the water as well, and that was also well referred to.

Wetlands can also play an important role in reducing flood risk through natural management. I am talking about the creation of wetlands to reduce and slow the flow of water. Back in September 2023, the Environment Agency and DEFRA announced £25 million of funding for improving flood resilience through these nature-based solutions.

I just want to touch on sustainable drainage systems, which, oddly, are a subject very dear to my heart— I have banged on about them since I was on the Back Benches. We are making big progress on the SuDS, as my hon. Friend will know, working with the Department for Levelling Up, Housing and Communities. Getting SuDS into all our developments can make such a big difference. Basically, SuDS are like mini wetlands within our urban habitats that can take the water and the run-off. They have myriad advantages in slowing the flow and reducing flooding, which is so nature diverse. I had a wonderful visit this week to the Bentley housing development in Finsbury Park, not very far away. All around the tower blocks were these SuDS, but they just looked like beautiful wetlands, which in fact is what they are. Many companies are already using them, and we are moving as a Government to get to that stage where SuDS have to be an integral part of our developments.

Wetlands can play an important role in addressing both the causes and the effect of climate change. That is why DEFRA is funding £300,000-worth of projects this financial year, to measure and verify the carbon storage potential of saltmarsh habitats, which, again, was raised by my hon. Friend. That will allow private investment to be leveraged through the saltmarsh carbon code. Basically, that means that a standard will be verified for carbon credits and for saltmarsh, which will then trigger a market and private finance can then be leveraged, much as we do with the peatland code. That is on the way, and I believe that is also one of my hon. Friend’s asks.

The Nature for Climate Fund is aiming to deliver the restoration of approximately 35,000 hectares of peatland by 2025. That is an area the size of Staffordshire. Somerset and many other areas are getting some of that money. This represents a tripling of historical average annual restoration funds for these areas. A great deal of that funding is going to the great north bog, a huge area that is currently being restored.

The England peat action plan sets out a strategic framework to improve management and protection of upland and lowland peatlands. We must not forget that all of those areas are basically wetlands. They are only effective wetlands when they are in a healthy state—basically wet—which is why we have to do this restoration work.

In the net zero strategy, we have committed to the aim of restoring approximately 280,000 hectares of peatland in England by 2050. That is building on that 35,000 hectares, which is well under way. And the £80 million green recovery challenge fund has also been a cornerstone in our efforts and has contributed to funding a range of nature-based solutions for climate mitigation and adaptation, including riverine, coastal, floodplain and grazing and marsh habitats. That fund, as many in this Chamber will know, was set up during covid to help with lots of the effects and to get people out into nature and the countryside, but also to create skills and jobs, and it is extremely successful.

We also recognise, as has been mentioned, the huge importance of improving access to both our green space and our blue space—blue space obviously being nature areas or space where there is water. Just what that means to us has been very eloquently outlined—my hon. Friend the Member for Copeland (Trudy Harrison) and others touched on this. That point was very well made, and it is why this Government are investing a great deal in access to nature, which includes both blue and green space. Through our projects and committing in our environmental improvement plan to a world where everyone should not be further than a 15-minute walk from nature, including wetlands, we are embedding all this into what we do. Today is a great day because we are one year on from the start of our environmental improvement plan and we are celebrating all the great things that we rolled out over this year for the environment, although with more to do, because we have a framework, we have a plan and we have the targets.

This is not only about Government money; we are driving to attract money from the private sector into all this investment in nature and nature recovery. That is a latent and expanding market and there is significant opportunity for wetlands in that space. We have already stimulated investment in wetland protection and through creating programmes such as our natural environment investment readiness fund, whose third round was launched in December. That offers grants of up to £100,000 to help farmers start some of these projects—re-wetting, re-establishing wetlands, and finding out what crops they can grow in these re-wetted wetlands, and what viable markets they might be able to tap into.

I want to thank everybody who contributed to this debate—there is genuine and huge interest in wetlands in Parliament in every party. I recognise the work that my hon. Friend the Member for Stroud has done; she is a tremendous advocate, and I have listened closely to the points she has made. I think she admitted that we are doing a great deal more than she realised; that is because we recognise the importance of our wetlands. It is World Wetlands Day on Friday, and I hope everyone will be celebrating. People can watch my Instagram, with all those wonderful pictures from Slimbridge. I thank her very much again for her contribution on wetlands.

[Mr Deputy Speaker (Mr Nigel Evans)]

What a lovely and fascinating debate to end the day on. Thank you and congratulations.

Question put and agreed to.

Hedgerows: Legal Protection

Rebecca Pow Excerpts

Wednesday 24th January 2024 Westminster Hall

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

It is a pleasure to have you in the Chair for this fascinating debate, Ms Elliott.

We have our differences, but here we are obviously all true hedgerow lovers, having all got up to get here for the 9.30 am debate on hedgerows. All of us present can be proud of the hedgerows in our area, as well as our stone walls and the other beautiful and iconic features of our landscapes. I thank my hon. Friend the Member for North Devon (Selaine Saxby) for securing this important debate. She is passionate about hedges and has done a great deal of work with the CPRE, whose information I have read; I know that a number of other Members present are also hedgerow champions with the CPRE. Of course, I also thank the former nature Minister, my hon. Friend the Member for Copeland (Trudy Harrison), for all she has done on hedgerows. She has shared a great deal of knowledge with us this morning.

I grew up on a Somerset farm, and hedgerows are something that was ingrained in me, which is why I have been working very hard in the Department to ensure that we have the full understanding of hedgerows. We have great officials working on this as well; the Department does recognise the importance of this issue.

The farm I grew up on was mixed livestock: we had dairy and arable rotations and so forth. My father, Michael Pow, who very sadly died just over a year ago, was a great planter of hedgerows. Wherever he went out in the Land Rover—I was very often with him, because we were constantly moving cattle from field to field—he would carry bits of baler string, which he would put round trees and hedges to mark them so that the hedge cutter left them and they would not get cut. We now have wonderful standard trees growing out of the hedges on the farm. My father was way ahead of his time in that he cut the hedges only every other year, to leave one side to grow, which is what we are advising farmers to do now, decades on! When I go home to the farm, it is just a burgeoning froth of blossom of hawthorn, as someone mentioned, blackthorn and all the other wonderful blossoms. The National Trust runs a wonderful occasion— I do not know whether it is a day or a week—to recognise blossoms in the hedgerows. They are so valuable to wildlife.

Members really do not have to tell me how important hedgerows are, because I absolutely recognise that. The Government recognise that too. Many colleagues have mentioned the benefits we get from hedges: they provide habitats and wildlife corridors; they are great for holding the soil and stopping water run-off; they are wonderful habitats for our pollinators to shelter and hibernate in; and of course they sequester carbon. Interestingly, hedgerows were not planted for those reasons; started off as boundaries to keep our livestock in, but they have morphed into this wonderful feature that brings so many more benefits. They are so important to our landscape. They have also become important as we adapt to climate change, because they are part of our net zero commitment. They store carbon, and they are really valuable for that.

It is for all those compelling reasons that our environment improvement plan is supporting farmers to create and restore 30,000 miles of hedgerows by 2037, and 45,000 miles by 2050. That will enable all of those multiple benefits to be multiplied even more. We have calculated how much carbon can be sequestered by all those hedges, and we have the figure for 2037. It is interesting that my hon. Friend the Member for North Devon mentioned that her own Liberal Democrat council has failed its net zero target on hedges. It should probably look to its hedges and to see what it could do to get there. My hon. Friend is right: hedges can make a real difference on that agenda.

I will run through the strong legal protections for hedges that we have in law already. The Hedgerows Regulations 1997 prohibit the removal of most countryside hedgerows, or parts of them, without first seeking approval from the local planning authority. Important hedgerows with wildlife, landscape, historical or archaeological value cannot and must not be removed, and local authorities have powers to act should anybody break the law. Also, all wild birds, their eggs and their nests are protected under the Wildlife and Countryside Act 1981, which prohibits killing, injuring or taking wild birds or taking or damaging their eggs and nests. Taken together, those legal protections safeguard most countryside hedgerows and farmland birds.

However, as we leave the EU’s common agricultural policy and move to our new and, I would say, better system for paying for environmental benefits, we have considered whether we need additional protections to manage hedgerows in law. As my hon. Friend the Member for North Devon mentioned, we ran a consultation last summer asking stakeholders how best to protect hedgerows through effective, proportionate regulation as we leave behind the EU’s cross-compliance system, with which the Labour party is still very much aligned. The response to that consultation should not be a surprise to anybody here, because it showed how much members of the public and farmers share our love for English hedgerows. We received almost 9,000 responses—a huge amount. It will be published imminently—the shadow Minister asked about that—but the information in it has already been looked at and used to inform the recent rise in SFI payments.

We are analysing all the data. There was overwhelming support from farmers and non-farmers alike for maintaining our legal protections. The support and enthusiasm for good hedgerow management shown in the responses from the farming community—from both individual farmers and the industry—show how much hedgerows are valued.

We have to trust farmers to do the right thing. There have been one or two damning comments today about farmers wanting to rip out hedgerows, spray all over them or plough right up to them, should there be a tiny window in which the protections are slightly different from what they were under the EU system. I live among farmers; that is how I grew up, and my husband was an agricultural auctioneer. We have to trust them. As has been said, they are the custodians of the countryside. It is disingenuous to suggest that the farming community will go out and spray, or plough right up to, hedgerows after they have created these wonderful buffers with burgeoning wildlife.

[Tim Farron]

The Minister is talking to a straw man. I do not think anybody here has said what she suggests. A number of us have said that if farmers are pushed into a situation where they have no other source of income, they will make decisions that they do not want to, but nobody has said any of the things that she mentioned.

[Rebecca Pow]

We have to be careful. There is a suggestion that what I said might happen if there is a gap. I certainly got that impression from one or two comments, but that may not be how the hon. Gentleman understood them, and his point is on the record.

We recognise the importance of the legal protections in place to prevent any of the concerns that I outlined. We do not want any of those things to happen. Those concerns come from both stakeholders and farmers. I want to make it very clear that, as a result, we will seek to regulate to maintain hedgerow protections as a matter of priority, when parliamentary time allows. That is the rabbit that I am pulling out of the hat today. I hope that will be welcome news, because I think we all agree that this is a priority. We want to make sure that regulation is fair and proportionate to farmers. That has been very clear in all our consultations. We want to get the support of farmers, and we want them to comply with the law where they have to; but we want to work with them, not against them.

The hon. Member for Somerton and Frome (Sarah Dyke) mentioned that advice is important. Advice is critical, so that farmers know what they have to do. There must be guidance that ensures that they can protect hedgerows, and we should reserve sanctions for the most serious offences. On many occasions when I have been out and about, particularly in farming areas and protected landscapes where designated advisers were working with farmers, I have seen how useful it is for farmers to have someone to talk to. I met an adviser recently in the Kent downs area of outstanding natural beauty—now called a national landscape—who was an ecologist. She said that meeting and chatting with farmers was the best way to encourage them to sign up to the levels and different options in the SFI. It can seem a bit scary, or feel like there is too much paperwork, but we have simplified the whole scheme; we have listened to our farmers on that point.

There was a bit of negativity from the hon. Member for Somerton and Frome about the increased payment levels that we have just given for hedgerows. I thought she might have welcomed that. Although they have all gone up, we need to remember that farmers can apply for lots of different levels. It is not just one sum; they can get a sum for recording the hedgerow, a sum for managing it and so on—there are various amounts that will add up, given all the other things they can apply for in the SFI. The idea is that cumulatively the scheme will be attractive; we really want farmers to understand that and apply.

[Daniel Zeichner]

I loved the Minister’s reference to “burgeoning froth”. I think it could be her epitaph, frankly, because this is burgeoning froth. Will she tell us how many people, of the 80,000-plus who were protected through cross-compliance, have picked up on SFI and are receiving it as we speak?

[Rebecca Pow]

That is a good point. First, let us look at what is happening in our other schemes; this is not just about SFI. We have seen a huge appetite for our country- side stewardship schemes. There are now 49,000 miles of hedgerow that have one or both sides managed under the countryside stewardship or environmental stewardship options; and famers have already signed up for 2,300 agreements, including 5,474 hedgerow actions.

Lots of farmers have opted to do a number of actions through the SFI. Remember that this is a new scheme; farmers are rolling off their countryside stewardship schemes on to the new scheme, which is expanding every day. The best thing to do is to be positive and encouraging, rather than negative and damning. I think the former nature Minister, my hon. Friend the Member for Copeland, would agree that we need to be positive about what is going on. This is a new, positive scheme. Please encourage farmers to apply for it, because the money and the options are there. We want our farmers and land managers to make the most of their hedgerows, and we support them in taking actions such as assessing and recording hedgerow condition, rotational cutting, and even leaving some hedgerows uncut altogether, which is obviously great for our nature and wildlife, and for those frothing, burgeoning hedgerows full of blackthorn and hawthorn. As I have said, farmers and land managers created or restored 8,450 miles of hedgerow through countryside stewardship capital grants, which is a great addition to our reaching our targets.

I have a few minutes left to cover some other points. The hon. Member for Leeds North West (Alex Sobel) made a good point about skills. We obviously need skills; we are aware of that and have a green jobs taskforce, with which I am involved. Through a lot of our tree strategy and action plan to plant trees, we have a big focus on skills, training and apprenticeships, including Forestry Commission apprenticeships; new funding of £4.5 million from the nature for climate fund was put towards this issue. Last year, 1,000 people undertook training in skills connected with trees, which inevitably includes skills connected with hedgerows. That is really ramping up. Those people will be out there, working together, and able to help and advise on schemes.

[Trudy Harrison]

There has been an awful lot of good discussion about the importance of farming, but could I draw the Minister’s attention to the importance of encouraging gardeners? There are 30 million or so gardens and gardeners in the country already bringing benefits, but they could do even more to plant and protect hedgerows in those gardens. She recently visited RHS Wisley, which I have also visited. I was blown away by the knowledge of Professor Alistair Griffiths there, who talked about the physical and mental benefits of horticulture. I would also like to draw attention to the work of the Horticultural Trades Association and the all-party parliamentary group on gardening and horticulture in this area.

[Rebecca Pow]

That gives me a great opportunity to talk about gardening; I used to be a gardening presenter and journalist. In my garden, I garden for wildlife. My hon. Friend makes such a good point. Our gardens in this country equate to a million hectares of land. Think how important that is as a wildlife habitat. I urge everyone to look after nature in their gardens and plant those trees. They should also take part in the big garden birdwatch, as mentioned by my hon. Friend the Member for North Devon.

The shadow Minister was somewhat damning about nature, but we have a plan for nature. I cannot work out what Labour’s plan for nature would be. It is all very well to keep saying that Labour will integrate its approach, but we do not know where its £28 billion, which keeps being bandied about, is coming from. We have a plan, which started with the Environment Act 2021 and the targets set in it, and includes the environmental improvement plan, which has been so well referenced by colleagues. That is a plan with a framework and targets. Without targets, there is nothing to aim at. The targets inform the policies.

Intense work continues at DEFRA on the biodiversity targets. We have to gather all the evidence on insects, birds and plants. That is an ongoing enormous task that is ever-changing, but we are doing that, day in, day out, to inform our policies. Where we need to tweak polices—for example, if we need to up the SFI payments for a certain sector that is not delivering enough for nature while also producing food—we will be able to do so. That is the beauty of this system. Nobody else has a system like this; it is globally leading. It is very complicated, because it involves nature and is ever-changing. It is not as easy as, for example, dealing with emissions from industry. A bit of credit for that would be welcomed. People out there need to understand that we are on the side of nature, and we genuinely think we could hit the target of halting the decline of species, if we got everything lined up in the right place, and had the positivity of parliamentarians behind us.

There was a quick reference to Dame Glenys Stacey’s report. I say to my hon. Friend the Member for North Devon that since that review, our work on regulation has responded to many challenges. There has been a huge amount of work on how we make farming regulation clearer, fairer and more effective—issues to which she referred. The Government have not published a formal response to Dame Glenys’s report. However, in both the agricultural transition plan published in 2020 and the recent update published this month, we outline our vision for a regulatory system that helps the vast majority of farmers who want to and try to do the right thing, and supports them when things go wrong.

We have already made a lot of improvements to the regulatory system—improvements that farmers genuinely wanted. We have had a lot of engagement with farmers, stakeholders and the National Farmers Union in particular. The improvements include: reducing unfair penalties for farmers’ minor errors, which is something that annoyed them about the CAP system—I am sure that the shadow Minister would agree; removing duplication of standards to make the system clearer for farmers; reducing administrative burdens and paperwork; and implementing a more preventive approach to monitoring and enforcement.

There is a huge amount of synergy in the room on the issue of hedgerows, which I think we all agree are very important. The Government are committed to introducing protections for hedgerows when parliamentary time permits. For me, they are a priority. I thank everyone who has taken part in the debate, particularly my hon. Friend the Member for North Devon, who is a great champion for hedgerows and will remain so.

Pet Abduction Bill

Rebecca Pow Excerpts

2nd reading
Friday 19th January 2024 Commons Chamber

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

First I must congratulate my hon. Friend the Member for Southend West (Anna Firth), and thank her for bringing forward this incredibly important Bill. It really shows the best of us as parliamentarians when we can have a debate like this; it brings us all together.

It is something of a challenge on a Friday to see whether we can get in as many pet names as possible, and I think we have excelled ourselves today with the naming of pets, including, of course, the 14 cats that Granny Meow looked after. We have also had many mentions of that wonderful event, Westminster dog of the year; I have come second in that competition a number of times, and not even with my own dog. I am a bit of a fraud because I borrowed one from one of the amazing charities, but it was to help to highlight that great and useful event. I also want to add my comments on the wonderful Sir David Amess, who did so much on animal welfare in this House. I am so pleased that my hon. Friend is following in his footsteps.

The Bill seeks to recognise the inherent difference between pets as sentient beings and pets as inanimate objects, as they would be seen under the criminal law on theft. I am really proud to say that it was this Government who introduced the Animal Welfare (Sentience) Act 2022, which cemented the legal recognition that vertebrate animals are sentient beings. The critical thing about this Bill is, of course, that it recognises that the sorts of stolen pets we are talking about are basically family—that is how I think my hon. Friend so ably put it—and all the emotions surrounding our pets.

At the outset, I pay tribute to all colleagues who took part in the debate, which has been tremendous, showing so much knowledge, expertise and love of our pets. We have had cross-party support, with the hon. Members for Walthamstow (Stella Creasy) and for West Ham (Ms Brown) joining in. I thank them for their support.

I also thank all our colleagues for their support: my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), who did such a great job on the pet theft taskforce; my hon. Friend the Member for Wolverhampton North East (Jane Stevenson), who raised that issue of widening this legislation to other animals in the future—she knows that is an option in the Bill; my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), who has great knowledge and expertise, having taken through Finn’s Law, which we have heard about; and my hon. Friend the Member for Bury North (James Daly). I know his Pets (Microchips) Bill is coming up, but I want to say that the microchipping reform we plan to take forward will contribute to addressing some of his Bill’s aims, so I hope that gives him some assurance.

We heard from my hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon) and, of course, my right hon. Friend the Member for Suffolk Coastal (Dr Coffey), who did so much on animal welfare when she was Secretary of State in the Department. Since she raised the question of commencing this legislation as soon as possible, I should put on the record that it will indeed be commenced as soon as possible, within three months of the Bill’s receiving Royal Assent. I hope that gives her some reassurance about our absolute intention to get speeding on with the Bill.

I do not have much time, but I was not surprised that the shadow Minister, the hon. Member for Cambridge (Daniel Zeichner), raised the Animal Welfare (Kept Animals) Bill, and that gives me the opportunity to talk about it. We are aware of how important animal welfare is to the people in this nation, which is why it is such a priority for the Government. That Bill was a huge priority in our manifesto 2019, as he will know, and although the Animal Welfare (Kept Animals) Bill as such is not being taken forward, it is far from the case that we are dealing with items from that Bill in drips and drabs.

We have introduced a wave of legislation on animal welfare. To name just a few, we have increased the penalties for those convicted of animal cruelty; we have announced the extension to the Ivory Act 2018, with more species added; we have passed the Animal Welfare (Sentencing) Act 2021; we brought in legislation on the microchipping of cats, which I was here for on a Friday; we made our action plan for animal welfare in 2021; we banned glue traps and tackled hare coursing; we banned the trade in shark fins; we modernised licensing for dog breeding and pets; we passed Finn’s law, which I referred to; and there is much more. I genuinely think we are the party for animal welfare.

The unlawful taking of pets is a callous crime and it is right that perpetrators are brought to justice. The Bill focuses on the impact on the welfare of stolen cats and dogs, not just their financial value. That is so important. I have to name my cats, because everyone else has named their pets. I have to put Raffa and Mr Tipps on the record. We have had so many references to what pets mean to us, but since my husband died and my three children left home, my cats have taken on an even more important role in my life. They are there to welcome me when I get home. We all have stories like that, as we have heard. Those are the things we can share. Our pets are so important to us, and so is the Bill.

I welcome the Bill’s intention to improve the recording and monitoring of pet abduction offences, which is really important. I welcome the work of the pet theft taskforce, because so many of its recommendations are being taken up, including bringing in the option of other animals if that is proven to be the right thing to do.

Another of the taskforce’s recommendations was to strengthen the process of the transfer of keepers recorded on a microchip record. We want all database operators to have robust processes in place to ensure that the existing keeper has a chance to object when someone else tries to change the keepership details on the microchip record. That will ensure that stolen pets cannot simply be transferred to a new keeper.

We have consulted on other changes to the microchipping regime that will make it easier for pets to be reunited with their keepers, and we will publish details of that very soon. We have already announced the requirement for all owners of cats over 20 weeks to get their cats microchipped by 10 June 2024, so people need to get a move on if they have not managed to do that yet.

I could say a lot more because there is so much in the Bill. As a Government and as a Department we are looking at more things relating to the important issue of animal welfare. I hope I have demonstrated that we are right behind the Bill. We wish it well on its swift progress. There is no shortage of people offering to serve on the Bill Committee, which is tremendous. I reiterate that once the Bill becomes an Act it will be commenced within three months of Royal Assent, if not before, in England. I will leave that there, Mr Deputy Speaker—I know you are an ardent campaigner for animal welfare. On that happy note, we can all join together and be happy with our day’s work.

Border Target Operating Model: Health Certificates and SMEs

Rebecca Pow Excerpts

Friday 19th January 2024 Commons Chamber

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

I thank the hon. Member for Walthamstow (Stella Creasy) for securing this important debate. As she will know, the upcoming implementation of the first phase—I stress that it is the first phase—of the border target operating model is a really important milestone for the UK and reflects a long period of intensive work across Government. I am pleased to have the opportunity to talk about what is in place and to address some of the issues that the hon. Lady raised, but I am sure she will accept that she had a very long list of questions. I will do my best to answer them, but if I do not cover them all, I will ensure that she gets some written answers. I hope that is acceptable.

Introducing biosecurity controls on imports is not optional. Now that we have moved away from the EU’s rigid biosecurity surveillance and reporting systems, we are responsible for protecting our own biosecurity from threats such as African swine fever, which is really serious for our pig industry, and Xylella, which would be terrible for our plant communities in this country. Such threats could devastate UK industries and cause significant damage to the environment, public health and the wider economy. The hon. Lady is absolutely right that geography matters; that is why we are taking the issue so seriously. We have to keep these threats out of our country.

Biosecurity controls are also essential to protect our exports and our international trading interests. Our trading partners want to be reassured that we maintain the highest biosecurity standards. We have the option to introduce additional controls if there are diseases that we really need to get a grip on. As I am sure the hon. Lady will know, we introduced some additional measures on swine fever back in 2022, which shows how importantly we take the issue.

The overall ambition of the border target operating model is to introduce robust, risk-based controls that protect biosecurity while reducing administrative and cost burdens for importers. Recognising that the introduction of these essential new controls could pose challenges for businesses, we developed the border target operating model in extensive consultation with industry, including many small and medium-sized enterprises, as I am sure the hon. Lady is aware. During that design phase, some 10,000 participants joined our many stake-holder events, we received 200 written responses to our invitation to comment through our online portal and we had over 650 detailed responses at focus sessions with food retailers and producers, the logistics sector and many others.

We have responded to the feedback that we received, as will be evident in the implementation of the first phase of the border target operating model from 31 January this year. For example, we have designed a new certification logistics pilot to support the movement of goods from hubs in the EU. We have provided further facilitation and guidance for importers using groupage models—the hon. Lady referred to groupage models, where a lorry delivers a whole lot of different models in one lorry—in terms of moving sanitary and phytosanitary goods into the UK, in order to make the system of certification more streamlined.

The phase approach implementation will allow businesses time to familiarise themselves with the new requirements before full implementation, on 30 April this year. The measures will make the process of complying with the sanitary and phytosanitary controls easier for a wide range of businesses, including SMEs. For example, the certification logistics pilot will allow certain businesses moving goods by groupage to use a single export health certificate from the point of origin through to the goods arrival in Great Britain. Amendments and simplification of export health certificates will mean individual certificates can now cover multiple types of animal products, which should help some of those groups such as dairy or cheeses.

Over the long term, as promised when we published the UK 2025 border strategy in 2020, the border target operating model will introduce a range of technological advances to ensure a fully 21st century border that facilitates UK trade. The development of the single trade window will make the process of importing to the UK simpler and more streamlined, enabling importers to meet their border obligations by submitting information only once.

To clarify, the single trade window will be coming in later. As I am sure the hon. Lady knows, the platform is being developed and His Majesty’s Revenue and Customs is working on that. Ultimately, the border target operating model achieves the lowest regulatory obligations for businesses, consistent with the need to protect biodiversity and public health, in addition to facilitation from better use of technology and data. That is achieved through a more proportionate approach to risk.

We have already removed import health controls for fruit and vegetables, such as citrus and mangos, which are either not produced commercially in the UK or present a negligible risk. The hon. Lady referred to vegetables; lots of vegetables have been looked at to come up with a simpler system. I have checked and if it is seen that a risk might arise to do with any of those commodities, such as vegetables in particular, we have a right to change that later .

For low-risk animal products, as a matter of routine we will require only electronic prenotification, which is already in place. Low risk plant produce, such as fruit and vegetables, with no specific disease or pest risk associated, will be removed from import health control requirement altogether. For example, cucumbers and gherkins are classed as low risk. On all high and medium risk goods, while we will retain health certification and physical inspection, more UK-specific targeted risk categorisation allows for lower inspection rates than under the EU model, while documentary-only checks will be performed remotely.

As a result, the additional costs to businesses associated with the new system—the BTOM—are substantially less than they would have been if we had extended the inherited EU model to all of our imports. Compared to the original import model that was scheduled to have been introduced in 2022, we believe that the new model will reduce costs to businesses by around £500 million per annum, by reducing the complexity and volume of paperwork associated with the importing.

I have time to refer quickly to a couple of questions.

[Stella Creasy]

rose—

[Rebecca Pow]

The hon. Lady asked a whole range of questions, which I can skim through. Shall I do that first?

[Stella Creasy]

It might help if I clarified which particular questions, as I recognise that there are many there.

[Rebecca Pow]

The hon. Lady mentioned that she has had a number of letters from and exchanges with Baroness Neville-Rolfe on the whole data issue. As has already been conveyed to her, it was decided that His Majesty’s Government would be unable to release the full inputs of the modelling that were included in the data because some of the sources are commercially sensitive, particularly in relation to other ports and so forth. I think she was probably going to ask me about that again.

In terms of food price inflation, initial analysis has indicated that the policies introduced would lead to an approximate increase in consumer food price inflation of less than 0.2% over a three-year period. We also have to consider the potential cost of a major disease outbreak, such as foot and mouth, which would have far more serious consequences. The 2001 foot and mouth disease outbreak cost about £12.8 billion in 2022 prices: £4.8 billion to the Government and £8 billion to the private sector. We have to look at all that. The Government’s modelling on the inflationary impact of the border target operating model has been undertaken through a peer-reviewed econometric model; there has been a huge amount of modelling. I hope that answers that question.

[Stella Creasy]

Can I be critical? We are talking about something that is potentially coming in in 12 days’ time. I recognise that I gave her a long list of questions because there is so much that comes from this policy. Let me give her three that we would really appreciate a direct answer on. First, what checks will be done in 12 days’ time at our border on the lorries? Will there be any checks at all on the health certificates? Secondly, what will the common user charge be in April, in 100 days’ time? What will businesses have to pay to import? Thirdly, will she say on the record, here and now, that there will be no impact on food pricing or food availability in the UK as a result of these policies—yes or no?

[Rebecca Pow]

On the last question, I have given the hon. Lady the information on what our modelling highlighted about the potential approximate increase of food price inflation: less than 0.2% over a three-year period. In terms of checks on lorries at ports from January, health certificates will be needed on medium and high-risk goods. There will be a change in the pre-notification methodology, but not on introduction of the new requirement. A sample of remote documentary checks will be required on some medium-risk consignments. Obviously, we will still be educating and working with businesses about what they need to do and how to comply.

We will definitely write to the hon. Lady if there is any further information because the issue is very detailed, and it is hard to try to race through the answers here. I thank the hon. Lady for raising these issues. Obviously, this is a whole new regime for businesses to get used to. I think I have laid out that it is a much simpler system—more transparent and risk based—and that it was based on a great deal of consultation. I shall leave it there.

[Stella Creasy]

Can I just put on the record on behalf of British business—this is mad? We are talking about something that is happening in 12 days’ time. Trucks do not know whether they will need to provide a PDF of the check at the border. In 100 days’ time, there will allegedly be a charge, but nobody knows what that charge will be, so nobody can factor that into their costs, let alone—

[Rebecca Pow]

Can I just intervene—

[Mr Deputy Speaker (Sir Roger Gale)]

Order. One at a time, please.

[Stella Creasy]

If the Minister can tell us what the charge will be—please, do let us know.

[Rebecca Pow]

I just want to put on the record that the common charge is not set yet. We have consulted on a rate and will be publishing the rate immediately. There will also be no checks on the border, and documentary checks—as I said, actually—will be remote. There is going to be no stopping of consignments.

[Stella Creasy]

So there we have it: in 12 days’ time, businesses will have to pay for these certificates, but they will not be asked to provide them, and in 100 days’ time they might have an extra cost but they do not know what it is—

Draft Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 Draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024

Rebecca Pow Excerpts

Monday 8th January 2024 General Committees

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

I beg to move,

That the Committee has considered the draft Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024.

[The Chair]

With this it will be convenient to discuss the draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024.

[Rebecca Pow]

It is an absolute pleasure to have you in the Chair, Sir Graham, for our first debate after the recess. Welcome, all, back from recess. As you can hear, there is a buzz of excitement about this statutory instrument. [Hon. Members: “Hear, hear.”] It is an important moment for us.

The statutory instruments have been grouped as they are part of a package of regulations that will work together to introduce the new framework for mandatory biodiversity net gain. Biodiversity net gain is a key policy delivered by the Environment Act 2021, which I am very proud to have taken through the House, but some of the policy involves amendments to the planning system. I will speak to both instruments together, given their interlinks, but I say up front to you, Chair, and to the shadow Minister, the hon. Member for Greenwich and Woolwich, that I do not profess to be an expert in the intricacies of the planning system. I therefore commit to writing to the hon. Gentleman if he raises points that need clarification.

As I say, these instruments form part of a package of SIs that commence the new, world-leading biodiversity net gain requirement. I know that we keep saying that, but this genuinely is a piece of world-leading legislation, which is why it is so exciting that it is finally coming into operation. This new approach to development and land management was legislated for in the Environment Act 2021, and had strong support, I am pleased to say, from across the House. It aims to leave the natural environment in a measurably better state than it was before, by requiring a 10% net gain for biodiversity from each eligible grant of planning permission. Those gains must be delivered through on-site habitat enhancement or creation where possible; otherwise, they can be delivered through off-site enhancements, by purchasing units from the market, or, in the last resort, through purchasing statutory credits sold by the Government.

A public consultation on the policy and the implementation of biodiversity net gain was held in 2022; the Government response, which was published at the beginning of 2023, confirmed the policy intention of mandatory biodiversity net gain and informed the drafting of these regulations.

I turn to what the draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024 do. The Environment Act gives the Secretary of State for Environment, Food and Rural Affairs the power to make provision for a register of biodiversity gain sites. The core purpose of that publicly available register is to record allocations of off-site biodiversity gains to developments. The register will be established by the Biodiversity Gain Site Register Regulations 2024. The detail of how the register will operate—for instance, the information that landowners will need to provide to register their land—will be set out in those regulations, and we have published them already, in draft, ahead of the signing. We will lay them before Parliament next week, as part of the second package of SIs, which will be made under the negative procedure.

The instrument makes provision for the imposition of a financial penalty and the payment of fees relating to applications to that register. It allows for financial penalties to ensure that the biodiversity gain site register contains accurate information. Those penalties will encourage compliance, deter individuals from submitting incorrect information and remove illicit financial benefit—for example, through cost avoidance.

[Rachael Maskell (York Central) (Lab/Co-op)]

I wish the regulations success, but how has the Minister determined whether the penalties, which are incredibly small compared with the value of land, will have their due effect?

[Rebecca Pow]

Obviously, enforcement and monitoring are really important. We consulted on that, and Natural England could impose a £5,000 penalty if it found that incorrect information was submitted. In all the stakeholder engagement that took place, it was pretty much agreed that that was a suitable level of penalty. There is also a need to report on how the biodiversity is going, and how the system is building up. The first report is due from the relevant authorities on 1 January 2026—my officials will let me know if I have got that date wrong. A whole system has been built up to ensure that the process works.

The instrument also provides for fees to be charged for different applications to the register. The applications include gain site registration amendment applications, and applications for the allocation of habitat enhancements to development. The fees have been set to achieve cost recovery for the set-up and maintenance of the register. Developers are not obliged to use the biodiversity net gain register, and should first aim to achieve biodiversity gains on site before turning to any kind of off-site gains. Landowners who choose to supply off-site gains to developers must apply to register their land, and we expect that they will do so only if the benefits of selling units outweigh the costs. Without the regulations setting the requirement for fees to be paid, and the amount to be paid, the register would not achieve cost recovery, and there would be a significant cost to the Department.

I turn to the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024, ably drafted by the Department for Levelling Up, Housing and Communities. Obviously, there has been a close working relationship between that Department and the Department for Environment, Food and Rural Affairs. The Environment Act 2021 amended the Town and Country Planning Act 1990 to make provision for biodiversity net gain in the planning system by adding new schedule 7A, which sets out the statutory basis for the 10% biodiversity gain objective and metric, and the general biodiversity gain condition that will apply to planning permissions. It also made consequential changes to other parts of the Town and Country Planning Act.

These regulations will make further consequential changes. First, they provide rules in schedule 7A for determining the local planning authority responsible for the approval of a biodiversity gain plan required under the general biodiversity gain condition. Secondly, they further amend section 73 of the 1990 Act, which enables the variation of conditions of previous planning permission to cover circumstances in which an earlier biodiversity gain plan is to be regarded as approved where the development’s on-site habitat is irreplaceable. Finally, they make amendments to section 88 of the 1990 Act for the purpose of appeals against determinations by planning authorities in respect of the biodiversity gain plan. These are technical amendments to ensure that the provisions for the biodiversity net gain in the 1990 legislation work.

In conclusion, I emphasise that the regulations are essential to the successful delivery of the new mandatory net gain requirement, which will help to deliver much-needed gains for nature. Once these regulations are approved by both Houses, we will lay before Parliament the rest of the biodiversity net gain regulations, which we have already published in draft. I commend the instruments to the Committee.

--- Later in debate ---

[Rebecca Pow]

Thank you, Sir Graham; as you can see, I was trying to scribble down those quite detailed questions. I thank the shadow Minister for supporting the statutory instruments, which, as he will realise, will be important not only for improving our developments and the way we live, but for restoring nature. They are going to be game-changing for our environment.

First, I want to clarify the date that I referenced for when local authorities will be required to report on their biodiversity net gain actions. The first report must be submitted in January 2026, and from then on it will be five-yearly. That addresses some of the points that the shadow Minister raised about whether the quality of the net gain will be good enough. The reporting requirement will make that transparent. That is one of the ways that we will be able to see that this is working and that the right nature is being delivered.

Of course, there is a whole process for developers to calculate how much nature they need to put back and to work out the credits. Natural England has a whole system for calculating biodiversity net gain credits. As I am sure the hon. Gentleman is aware, there has been a huge amount of engagement for a number of years with stakeholders, local authorities, developers, Natural England and the Future Homes Hub, so that local authority planning departments understand what is coming their way and can handle it in the right way, and so that we get the right outcomes. A great deal of work has gone into that, and there is also draft guidance on all of that.

The hon. Gentleman asked in particular about enforcement, which is an important point. Local authorities have a range of existing planning enforcement tools at their disposal, and the Environment Act includes mechanisms to ensure that commitments through conservation covenants are adhered to. The enforcing body that has entered into agreements to secure the site will play the key role in enforcement. That may be the local authority, or it could be a responsible body for a conservation covenant—there are different ways of going about it. Significant on-site biodiversity gains must be secured by a planning condition, planning obligation or conservation covenant, all of which bind the land, which means they apply to successor landowners as well. Off-site biodiversity gains must be secured, including management by either a planning obligation or a conservation covenant. Failure to deliver or attempt to deliver biodiversity net gain outcomes that are secured with the conditions or obligations, subject to which the planning permission is granted, can result in enforcement action by the planning authority. I hope that makes the position clear.

[Matthew Pennycook]

I thank the Minister for her response. All the processes that she has outlined, from the scrutiny of the initial plan to the monitoring and enforcement, rely on local authorities having the skills and capacity in this very specific and technical area, as she has made clear. Is it the Department’s contention that local authorities have the necessary skills and expertise to roll out the framework? If not, what steps is the Department taking to support local authorities in finding and bringing forward those skills and expertise?

[Rebecca Pow]

Obviously, that is an important issue to which a lot of attention has already been given. For example, I have spoken to my own local authority, which is rather excited about the whole process and has already had a lot of engagement on skills and training. But there will be more, and lessons will continue to be learnt as the whole system is rolled out and gradually reviewed. That is an important point because, for the system to work, local authorities need to know what they are doing. We have draft guidance, we have consulted widely and a lot of engagement is already taking place, but obviously more will be ongoing through both Departments.

[Barry Gardiner (Brent North) (Lab)]

I appreciate the way in which the Minister is trying to set out the process, but there is a real concern among local authorities, only a third of which have a competent ecological officer who can do this enforcement. The Minister knows the figures on the loss of ecological expertise. Also, where the off-site gain has not been made within the area of the local authority, who is going to enforce that?

--- Later in debate ---

[Rebecca Pow]

I thank the hon. Gentleman for that, but I reiterate what I have already said. I am aware of the position of ecologists, but that is why a lot of effort has already gone into engaging with local authorities—that work will continue—and why we have draft guidance, which was worked up in combination with local authorities, developers and all those involved. Obviously, we need to make sure that it works, and that will be watched as time goes on, but it is an essential part of this.

The regulations have been coming for some time. The Environment Act was passed in 2021; Natural England has been working on its metrics since 2012, with a whole range of pilots and so on. I hope that gives Members some assurance, but I am happy to write to the shadow Minister, the hon. Member for Greenwich and Woolwich, if he requires more detail.

The Government initially committed £15 million to work with local authorities on their preparations for biodiversity net gain—[Interruption.] A musical interlude! I can only reiterate that the Department for Environment, Food and Rural Affairs has been working hard with our local authorities to ensure that they are ready when the regulations come in. Many local authorities are already delivering biodiversity net gain through the national planning policy framework. There are lots of really good examples—I am sure the hon. Member for Brent North has some in his constituency. This work is building on that. We are aware of the training and skills issue, and we are working on it with local authorities. As I say, a huge amount of evidence-gathering has gone on, and we are working to ensure that the system, including that guidance, is fit for purpose.

We also funded a planning advisory service to support local authority planners to prepare for the mandatory biodiversity net gain, and there are actually more than 600 members in the practitioners network. I hope that gives Members some assurance. This is not being taken lightly at all. Off-site is the same as on-site: local planning authorities will still be responsible for enforcing off-site, where there are biodiversity projects going on elsewhere, if they cannot take place on the development. I will leave that particular answer there; I hope that provides the hon. Member for Brent North with some reassurance.

I will conclude my winding-up speech. I am grateful for hon. Members’ input. It is a whole new world—it is, as I say, an exciting one. The regulations we are debating today will support the new mandatory net gain requirement, which will help to secure positive outcomes for biodiversity, create better places for our communities and support a more streamlined, consistent and transparent approach to our planning process.

Once the regulations are approved by both Houses, we will lay the rest of the biodiversity net gain regulations, which we have published in draft, before the House. Those regulations will cover the detail of what developers will be required to submit—there will be a lot more in those regulations to cover some of these questions—as part of the biodiversity gain plan through the planning process, as well as the list of what are considered irreplaceable habitats for the purposes of biodiversity net gain and the list of development types exempt from biodiversity net gain, which will ensure that the policy is proportionate. Those regulations will also provide detail on what landowners will need to submit to get on the biodiversity net gain register. We will also lay before the House the commencement SI, which will confirm the legal go-live date for biodiversity net gain.

On that note, I thank Members on both sides for their input, as well as my officials. I commend the draft regulations to the Committee.

Question put and agreed to.

Draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024

Resolved,

That the Committee has considered the draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024. —(Rebecca Pow.)