Environment Bill — House of Lords, 2021-06-23
Topic: Environment
Sue Hayman (Labour, Centre-left): My Lords, I am speaking to Amendment 43 in the name of my noble friend Lady Jones, which is also supported by the noble Baronesses, Lady Parminter and Lady Jones of Moulsecoomb, and the noble Lord, Lord Randall of Uxbridge. I am also pleased to be speaking ahead of the noble Earl, Lord Caithness, in case he wants to comment on this amendment We support the principles of Amendments 15, 16 and 18. It is important that we understand how and why decisions have been taken and are able to ensure that actions and remedies are in place when required. Amendment 43 may be small, but it makes an important point in this legislation. By inserting the phrase "interim targets are met", in effect it places a duty on the Secretary of State to meet those targets As we have heard, the Bill requires interim targets to be set on a five-yearly basis. In the environmental improvement plans, the Government are required to set out the steps they will take over that 15-year period to improve the natural environment. However, environmental improvement plans are not legally binding; they are simply policy documents. This is concerning, because targets are most effective when binding, making it more likely that early action is taken and is sustained by successive Governments Indeed, voluntary environmental targets have been badly missed on a number of occasions. I shall give some examples. The target set in 2010 to end the inclusion of peat in amateur garden products by 2020 was badly missed. The target set in 2011 for Defra to conserve 50% by area of England’s sites of special scientific interest by 2020 has been abandoned and replaced with a new target: to ensure that 38.7% of SSSIs are in favourable condition, which is only just higher than the current level In the Bill as it stands, an environmental improvement plan, which sets out the steps the Government intend to take to improve the natural environment, needs to be reviewed and, potentially, updated every five years and reported on every year by the Secretary of State. The OEP will also prepare an annual report on progress made towards improving the natural environment and meeting targets, including the interim targets, to which the Secretary of State must respond, addressing any recommendations The Government claim that this triple-lock mechanism will be sufficient to drive short-term progress, but this is not the same as legal accountability. Interim targets should be legally binding to guarantee that they will be delivered, and it is vital to have a robust legal framework in place to hold the Government and public authorities to account, not just in the long term but in the short term. As things stand, the Government could, in theory, set a long-term legally binding target for 2037, as suggested in the legislation, but then avoid having to actually do anything about meeting it until 2036. It is important that the Secretary of State is given a duty to meet the targets, because that then means the Government will have to introduce mechanisms to ensure that they are met. I am sure the Minister will agree that we need to take interim targets seriously, so we must ensure that they are credible, achievable, workable and play a full part in the process of meeting the long-term targets that are set. But there is a lack of focus, drive and certainty. Legally binding interim targets in the Bill would give a sense of direction and be something against which the Government could be held to account It is also worth pointing out that environmental targets are interdependent. Because of the complex interdependencies in the natural world, missing a target in one priority area may make it harder to meet one in another. A target to improve freshwater biodiversity relies on meeting water quality targets. Early and sustained action is needed across all priority areas to ensure that long-term targets are met, so interim targets need to be strengthened to avoid the risk of failure Politics and government have a notorious reputation for looking only to the short term, yet real environmental improvement requires a long-term focus. The Climate Change Act has demonstrated the difference the existence of statutory requirements can make, strengthening the hand of civil servants, who can tell reluctant Ministers that it is the law to meet emissions targets in the near term This is not an issue just for Defra. If we are to meet environmental targets, other departments have to play their part. For example, meeting targets on air quality requires action from the DfT, BEIS, local government and others. Other departments will have their own priorities, so may well need the encouragement of legally binding targets to actually take any necessary action To finish, we must not forget about business. The Aldersgate Group, which is a business alliance championing a competitive and environmentally sustainable economy, has said: "To deliver much needed investment in nature restoration, businesses require legally binding interim targets in the Environment Bill to drive rapid policy action" It goes on to say that an amendment calling for legally binding interim targets "will reinforce the credibility of the Bill’s long-term targets and deliver a much clearer policy and regulatory framework which businesses can invest against." Our amendment would hugely strengthen the outcomes of the Bill, and I look forward to hearing the Minister’s response.