Environment Bill — House of Lords, 2021-09-08
Topic: Environment
Zac Goldsmith (Conservative, Centre-right): My Lords, I thank noble Lords for their contributions to this important debate. I know there is significant interest in this House in the environmental principles. Regarding Amendment 19, tabled by the noble Lord, Lord Bird, and presented by the noble Baroness, Lady Bennett, in a typically compelling and powerful speech, the contents of which I fully agreed with, I reassure noble Lords that the concept set out in the amendment is already covered by the duty on the Secretary of State, and I shall explain why. Currently, the Bill states that the Secretary of State must be satisfied that the environmental principles policy statement will contribute to the improvement of environmental protection and to sustainable development. I want to clarify for noble Lords that this legal reference to "sustainable development" encompasses and includes the importance of meeting the needs of future generations. That is what it means As I explained in Committee, these are internationally recognised principles and consistent with those agreed through the EU Trade and Cooperation Agreement. This amendment is therefore unnecessary, as the existing principles are fundamentally about passing the natural environment on in a better state to the next generation. However, adding it would nevertheless require government departments to consider an additional principle that overlaps with the existing objective but is not as commonly understood. The fear is that that would cause confusion, resulting in poor policy outcomes. I hope I have adequately addressed the issue raised by the amendment of the noble Lord, Lord Bird, and I ask the noble Baroness to withdraw it in his name I turn now to Amendment 20, tabled by the noble Baroness, Lady Parminter. First, I thank her for our discussions in the run up to Report. I understand the motivation behind the amendment, but the Government’s view remains that exempting some limited areas from the duty to have due regard provides vital flexibility in relation to finances, defence, and national security. I will take each of those exemptions in turn. Starting with the exemption on taxation, I understand the interest in removing this exemption, but Treasury Ministers want flexibility to alter the UK’s fiscal position and respond to the changing needs of, for example, the NHS, schools, the police and any number of other vital public services. Applying the environmental principles duty to taxation would be a constraint in cases where speed is required in altering the UK’s fiscal position, with limited environmental benefit. Nevertheless, the Government are committed to encouraging positive environmental outcomes through the tax system. An example of that in the Bill is our commitment to a new plastic packaging tax to encourage greater use of recycled plastic, which is estimated to achieve around a 40% increase in recycled plastic being used in 2022-23. The Treasury’s Green Book already mandates the consideration of natural capital, climate change and environmental impacts in spending. This applies to spending bids from departments, including at fiscal events Furthermore, the Government’s response to the Dasgupta review commits to delivering a "nature positive" future, ensuring that economic and financial decision-making, and the systems and institutions that underpin it, support the delivery of that future. I emphasise that the spending and allocation of resources exemption refers to central spending decisions only. In other words, once funds are distributed by the Treasury to other government departments, the principles will apply to how those funds are spent by departments. To be clear, even if we accepted this amendment, principles such as "the polluter pays" could not be applied to, for example, the allocation of overall departmental budgets. This is because allocating money between departments sits outside policy-making. In other words, this amendment would have no material impact in respect of the allocation of resources within government. To reiterate, however, the policy statement must still be considered at the level of individual policies that require spending, such as the design of new transport programmes or environmental subsidy schemes. This is where they can deliver real benefits Looking at the Armed Forces, defence and national security exemptions, as the noble Baroness, Lady Parminter, noted, they are also excluded from the duty. That is to provide maximum flexibility in respect of the nation’s protection and security. However, I shall address some of the concerns raised in Committee about the management of defence land. The primary function of the defence estate is to support our operations and maintain military capability. It provides homes for those who defend our country, offices for work, space for training, and conditions to prepare to meet the ever-changing threats that the UK faces. Defence land cannot be practically separated out: it is part of the MoD and touches on decisions across the Armed Forces, national security and defence The MoD’s concern is that if we were to impose a consideration of environmental principles on defence policies, or on MoD land, it could result in legal challenges which could slow critical policies or expose sensitive decisions to the public domain, threatening national security. However, the MoD already has statutory duties to protect the environment and the enormous amount of land that the MoD owns, and these are not altered by this exemption. The MoD is subject to all the environmental legislation that other landowners are required to adhere to: the habitats directive, the Countryside and Rights of Way Act, the Natural Environment and Rural Communities Act and others Under Clauses 98 and 99, the MoD will be subject to two strengthened duties: to take action to conserve and enhance biodiversity and then to report on the action it has taken. The MOD already reports publicly and regularly on its contribution to improving the environment and SSSI conditions, and showcases its conservation initiatives through the sanctuary awards. The MoD will fully comply with new reporting requirements in the Bill by building on its existing approach. Its SSSIs are managed through a partnership with Natural England, which jointly implements integrated rural management plans to improve and maintain them. The percentage of MoD SSSIs in a favourable condition in England is higher than the national average I recently met Minister Quin, who has responsibility for this area. Although I am not able to secure the amendment for this House, I am assured that the MoD takes its responsibilities to the environment seriously. I am confident in the wider arrangements in place to support environmental improvement. I hope, therefore, I have gone some way, at least, to reassure noble Lords and I beg them not to press their amendments.