Environment Bill — House of Lords, 2021-07-12
Topic: Environment
Zac Goldsmith (Conservative, Centre-right): I thank all Peers for their contributions to this debate, and I share the strong feeling in this House that we need to protect our precious species and habitats, and ensure that our laws and regulations enable us to do that. This Bill creates a new ambitious domestic framework for nature. We have brought forward a suite of legally binding targets, including two for biodiversity, put environmental improvement plans on a statutory footing and created a range of powerful new policy levers, including biodiversity net gain. The Government’s intention is to capitalise on this new framework and, to enable us to do so, we must be able to update our conservation laws. So it is right that those laws should be updated to meet our new heightened ambition for nature restoration in this country, even while we must be clear—as the noble Lord, Lord Krebs, emphasised— that whatever changes are brought in do not reduce existing protections for our most vulnerable sites and species Earlier in Committee, I brought forward a new clause to require the Government to set a further legally binding target aiming to halt the decline of nature. Ensuring that our protected sites can be restored to good condition to provide a safe haven for our most vulnerable habitats and species is a key part of this. That is why we are introducing a power to amend Part 6 of the habitats regulations. The twin climate and biodiversity crises present long-term challenges that threaten our future if left unchecked, so we need to ensure that we have the means to act, if we need to, to adapt some of our principal nature conservation rules to address these pressures The Government want to see a more nature-rich Britain, with a fit-for-purpose regulatory framework that drives the delivery of our ambition and reverses the decline of nature. A Green Paper in autumn this year will seek views on any proposed changes within the context of the Government’s approach to nature recovery. The paper will be informed by the habitats regulations assessment working group, led by my colleague, my noble friend Lord Benyon. Stakeholders will have the opportunity to influence how we can improve our wildlife laws to deliver on these ambitions. Noble Lords will know that the clause includes a number of safeguards that are designed to retain our existing protections. I will set them out here, as it is important to demonstrate that the Government do not treat this casually The power to amend Regulation 9 cannot be used before 1 February 2023, after the Government have set our biodiversity targets and reviewed the environmental improvement plan. In addition, Ministers will have to be satisfied and explain to Parliament that any change would not reduce our existing environmental protections, and Parliament will have a vote on any use of the powers. In addition, Ministers must consult before the powers are used. We have committed to consulting with the OEP, in particular, before these powers are used. Moreover, we will of course ensure that consultation on any proposals is comprehensive and appropriate to deliver our environmental ambitions In response to Amendment 257AA in the name of the noble Lord, Lord Krebs, I stress that the test that the Secretary of State must "be satisfied" that protections are not reduced is a high bar. It requires certainty on his part that there have been no reductions in protections from the existing habitats regulations. The Secretary of State will also have to demonstrate this by making a statement to this House and subjecting that statement to scrutiny. If the judgment of the Secretary of State is proven, or even thought, to be wrong, it can subsequently be challenged in court Looking slightly more widely, I will also address the noble Lord’s Amendments 255 and 256. I hope I have demonstrated that we want to enhance the regulatory framework to improve outcomes for nature in this country. I understand the concern that this power might substitute the protections offered by the directives with more general requirements. However, it is designed to allow requirements to specify particular protections for habitats and species. For example, we could require specific species to be strictly protected to ensure delivery of our new species abundance target. It will also provide greater clarity for public authorities on the precise requirements they are required to meet. These amendments would not allow us to reconsider existing requirements in the directives. This would deprive us of the scope potentially to clarify or improve the requirements and would therefore remove the opportunity to tailor and improve the existing legislative framework to support our domestic ambitions and international obligations To address some of the points raised by my noble friend Lady McIntosh, the UK, probably more than any other country, is playing a central role in reversing biodiversity loss—for example, in negotiating the Leaders’ Pledge for Nature, which commits world leaders to urgent action by 2030, and goes far beyond that. I encourage anyone who has not read it to do so; it is a very ambitious document, to which 86 countries have signed up so far At home, we are committed to protecting 30% of our land for nature and have come forward with a duty to set a legally binding target on species abundance, which we have already discussed in Committee. We are also publishing a Green Paper later this year, which will provide the first opportunity in a generation to draw together the evidence for change to update and modernise our current patchwork of wildlife legislation, which has been developed in a somewhat piecemeal manner over many decades. We can then build a coherent system of protection to ensure that our most precious habitats and species thrive across England. But time is critical. Where the evidence is clear that amending the regulations could improve the natural environment and make the processes clearer and more legally certain to help improve the condition of our sites, we will have the means of doing so In response to a question raised by the noble Baroness, Lady Parminter, we will provide a full impact assessment of any regulations made under the powers, when bringing them forward, in line with the approach taken to delegated powers across the Bill. My understanding is that we cannot use those powers until the metrics are in place and the targets have been set In response to a number of noble Lords and as I mentioned earlier, the Secretary of State has asked my noble friend Lord Benyon to form a small informal group to oversee consideration of how the habitats directive amendments proposed in the Bill, in relation to these regulations, might be progressed. This thinking will feed into the Green Paper planned for autumn this year. If the evidence suggests that amending the regulations can help improve the condition of our sites and contribute to our 2030 ambition, we will have the means to do so swiftly I add one further point to the noble Baroness, Lady Parminter. Her compelling speech described the habitats directive as having worked, but the reality is that it has not. We have experienced a dramatic collapse in our biodiversity over recent years and decades, despite the rules that are in place. It is wrong to hold them up as some kind of gold standard. That is not to say they are without value; they have been an extraordinarily important framework that, I suspect, has prevented even more damage being done to our nature and biodiversity, but it would be wrong if the extent of our ambition were to end with the status quo, which is not delivered. I reiterate to noble Lords my assurance that the Government will not do anything to undermine existing protections and will take a measured, inclusive and consultative approach to reform. In light of this, I beg that Clause 106 stands part of the Bill I recognise the importance of the proposal of my noble friend the Duke of Montrose, in his Amendments 257A and 257B, to encourage sustainable development and betterment. Our farmers play an enormously important role as custodians of our natural environment—a point made well by the noble Earl, Lord Devon. They play an enormously important role and their contribution will be critical to delivering nature recovery. Nature recovery and our ambitions will not be possible without them. It is not a choice of farmers versus nature, farmers versus biodiversity or farming versus beauty. As is already happening all over the country, we have to find a way to reconcile these ambitions. We are already working on guidance to support our ambition of modernising on-farm infrastructure, a vital part of the agricultural transition to improve productivity and efficiency, and to protect the environment Clause 105 offers the opportunity to ensure legacy EU legislation can protect and enhance our natural environment as effectively as possible. The Green Paper, which will be published later this year, will provide an opportunity to explore these issues further. I welcome discussion with noble Lords and stakeholders as part of this I hope I understood the question from my noble friend the Duke of Montrose. He asked me to reconfirm that the UK will adhere to those international agreements to which we have signed up. If that is what he asked, I would be happy to do so, as any of my colleagues would.