New Clause 21 - Habitats Regulations: power to amend general duties

Environment Bill – in the House of Commons at 12:36 pm on 26th May 2021.

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‘(1) The Secretary of State may by regulations amend the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/ 1012) (the “Habitats Regulations”), as they apply in relation to England, for the purposes in subsection (2).

(2) The purposes are——

(a) to require persons within regulation 9(1) of the Habitats Regulations to exercise functions to which that regulation applies—

(i) to comply with requirements imposed by regulations under this section, or

(ii) to further objectives specified in regulations under this section, instead of exercising them to secure compliance with the requirements of the Directives;

(b) to require persons within regulation 9(3) of the Habitats Regulations, when exercising functions to which that regulation applies, to have regard to matters specified by regulations under this section instead of the requirements of the Directives.

(3) The regulations may impose requirements, or specify objectives or matters, relating to—

(a) targets in respect of biodiversity set by regulations under section1;

(b) improvements to the natural environment which relate to biodiversity and are set out in an environmental improvement plan.

(4) The regulations may impose any other requirements, or specify any other objectives or matters, relating to the conservation or enhancement of biodiversity that the Secretary of State considers appropriate.

(5) Regulations under this section may also, in connection with provision made for the purposes in subsection (2), amend other provisions of the Habitats Regulations, as they apply in relation to England, which refer to requirements, objectives or provisions of the Directives.

(6) In making regulations under this section the Secretary of State must have regard to the particular importance of furthering the conservation and enhancement of biodiversity.

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

(8) Before making regulations under this section the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection (7).

(9) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(10) Regulations under this section may not come into force before 1 February 2023.

(11) In this section—

“the Directives” has the same meaning as in the Habitats Regulations (see regulation 3(1));

“England” includes the territorial sea adjacent to England, which for this purpose does not include—

(a) any part of the territorial sea adjacent to Wales for the general or residual purposes of the Government of Wales Act 2006 (see section 158 of that Act), or

(b) any part of the territorial sea adjacent to Scotland for the general or residual purposes of the Scotland Act 1998 (see section 126 of that Act);

“environmental improvement plan” has the same meaning as in Part 1.

(12) Regulations under this section are subject to the affirmative procedure.”

This new clause confers powers to amend the Habitats Regulations to require public authorities to comply with requirements or objectives, or have regard to matters, specified in regulations (for example requirements, objectives or matters relating to biodiversity targets under clause 1 or biodiversity aspects of the environmental improvement plan).—(Rebecca Pow.)

Brought up, and read the First time.

Photo of Lindsay Hoyle Lindsay Hoyle Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, House of Commons Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Speaker's Committee on the Electoral Commission

With this it will be convenient to discuss the following:

Amendment (a), in subsection 2(a)(ii), leave out “instead of” and insert “in addition to”.

Amendment (b), in subsection 2(a)(b), leave out “instead of” and insert “in addition to”.

Government new clause 22—Habitats Regulations: power to amend Part 6.

New clause 2—Assessment of Plans—

‘(1) The Conservation of Habitats and Species Regulations 2017/1012 are amended as follows.

(2) In Regulation 63 (Assessment of implications for European sites and European offshore marine sites) the following are amended—

(a) in paragraph (1) for “must” substitute “may”;

(b) in paragraph (3) for “must” substitute “may”;

(c) in paragraph (4) for “must” substitute “may”;

(d) omit paragraph (5) and insert “In the light of the conclusions of the assessment, and subject to regulation 64, the competent authority may take the assessment into account in deciding whether it will agree to the plan or project”; and

(e) in paragraph (6) for “must” substitute “may”.”

New clause 4—Protected species: Hedgehog—

‘(1) The Wildlife and Countryside Act 1981 is amended in accordance with subsection (2).

(2) At the end of Schedule 5 (Animals which are protected) insert—

“hedgehogErinaceus europaeus””

This new clause would add the hedgehog to the list of protected animals under the Wildlife and Countryside Act. This would introduce a legal imperative to search for hedgehogs in developments, and a legal imperative to mitigate for them.

New clause 16—Protection of bio-diversity as condition of planning permission—

‘(1) The Town and Country Planning Act 1990 is amended as set out in section (2).

(2) After section 70(2), insert—

“(2A) Any grants of planning permission for residential development in England must be subject to a condition that such a development does not have a detrimental effect on the local levels of nature conservation and bio-diversity.””

New clause 25—Duty to prepare a Tree Strategy for England—

‘(1) The Government must prepare a Tree Strategy for England as set out in subsections (2), (3) and (4).

(2) The strategy must set out the Government’s vision, objectives, priorities and policies for trees in England including individual trees, woodland and forestry, and set out other matters with respect to the promotion of sustainable management of trees in these contexts.

(3) The Tree Strategy for England must include the Government’s targets and interim targets with respect to—

(a) the percentage of England under tree cover;

(b) hectares of new native woodland creation achieved by tree planting;

(c) hectares of new native woodland creation achieved by natural regeneration;

(d) the percentage of native woodland in favourable ecological condition;

(e) hectares of Plantations on Ancient Woodland Sites (PAWS) undergoing restoration;

(f) the condition of the England’s Long Established Woodlands; and

(g) hectares of Long Established Woodlands undergoing restoration.

(4) The Tree Strategy for England must set out—

(a) locations of additional planting of 30,000 hectares of woodland in the UK each year, as set out in the England Trees Action Plan 2021-2024;

(b) a plan for the maintenance of the trees and woodlands planted under the England Trees Action Plan 2021- 2024; and

(c) which authorities or individuals are responsible for the maintenance of the trees and woodlands planted under the England Trees Action Plan 2021-2024.

(5) The Government must publish—

(a) an annual statement on progress against the Tree Strategy for England; and

(b) any revisions of the Tree Strategy which may be necessary.

(6) The Government must publish a revised Tree Strategy for England within the period of 10 years beginning with the day on which the strategy or its most recent revision was published.”

The aim of this new clause is to ensure that the Government prepares a tree strategy for England. It will ensure that the Government has to produce targets for the protection, restoration and expansion of trees and woodland in England.

New clause 26—Enforcement action against breaches of planning control in statutorily protected landscapes and areas of ancient woodland—

‘(none) In the Town and Country Planning Act 1990, after Section 171B(2), insert—

“(2B) There is no restriction on when enforcement action may be taken in relation to a breach of planning control in respect—

(a) a Site of Special Scientific Interest;

(b) an Area of Outstanding Natural Beauty;

(c) any other landscape that is statutorily protected for environmental reasons; or

(d) ancient woodland.”

New clause 27—Tree preservation orders on statutorily protected landscapes—

‘(none) In the Town and Country Planning Act 1990, after Section 201, insert—

“(201A) All trees shall automatically be subject to tree preservation orders if they are in any of the following areas—

(a) a Site of Special Scientific Interest;

(b) an Area of Outstanding Natural Beauty;

(c) a National Park; or

(d) any other landscape that is statutorily protected for environmental reasons.”

Amendment 45, in clause 95, page 96, line 18, after “biodiversity objective” insert—

“and contribute to the achievement of relevant targets and objectives under the Convention on Biological Diversity”.

Amendment 29, page 97, line 1, leave out subsection (5) and insert—

‘(5) After subsection (2) insert—

(2A) The authority must act in accordance with any relevant local nature recovery strategy in the exercise of relevant functions, including—

(a) land use planning and planning decisions;

(b) spending decisions, including land management payments;

(c) delivery of biodiversity gain; and

(d) any other activities undertaken in complying with subsections (1) and (1A).””

This amendment would require public authorities to exercise relevant functions in accordance with Local Nature Recovery Strategies. This would ensure that decisions that affect the natural environment such as planning decisions, net gain habitat enhancements and targeted investment in environmental land management are informed by the Strategies.

Amendment 46, in clause 102, page 101, line 36, at end insert—

‘(2A) The objectives of a species conservation strategy must be—

(a) to identify the factors that adversely affect the conservation status of relevant species of fauna or flora;

(b) to identify measures to improve the conservation status of relevant species of fauna or flora;

(c) to inform the definition of favourable conservation status of relevant species of fauna or flora; and

(d) taking the information set out pursuant to paragraphs (a) to (c) into account, to contribute to relevant planning, land management and conservation policies for those species of fauna or flora.

(2B) All provisions in a species conservation strategy must be in accordance with the mitigation hierarchy.

(2C) The Secretary of State must publish guidance relating to the content, interpretation and implementation of species conservation strategies.

Amendment 47, page 102, line 27, at end insert—

‘(8A) The Secretary of State must give financial assistance under the Environmental Land Management scheme to applicants who have contributed to the achievement of species conservation strategies, provided that the following conditions are met—

(a) the applicant meets the eligibility criteria under the Agriculture (Financial Assistance) Regulations 2021; and

(b) evidence is provided by the applicant in support of that payment request under The Agriculture (Financial Assistance) Regulations 2021.

This amendment would ensure that those receiving money from the Environmental Land Management scheme (ELMs) would be able to claim financial assistance for their contributions towards achieving species conservation strategies.

Amendment 48, in clause 103, page 104, line 27, at end insert—

‘(8A) The Secretary of State must give financial assistance under the Environmental Land Management scheme to applicants who have contributed to the achievement of species conservation strategies, provided that the following conditions are met—

(a) the applicant meets the eligibility criteria under the Agriculture (Financial Assistance) Regulations 2021; and

(b) evidence is provided by the applicant in support of that payment request under The Agriculture (Financial Assistance) Regulations 2021.

This amendment would ensure that those receiving money from the Environmental Land Management scheme (ELMs) would be able to claim financial assistance for their contributions towards achieving species conservation strategies.

Amendment 22, in schedule 14, page 216, line 37, leave out “maintained for at least 30 years” and insert—

“secured in its target condition and maintained in perpetuity”.

This amendment requires habitat created under net gain to be secured in perpetuity.

Amendment 41, in schedule 15, page 224, line 41, at end insert—

“Planning decisions, felling without a licence and failure to comply with restocking orders

6A (1) The Town and Country Planning Act 1990 is amended as follows:

(2) In section 70(2) (Determination of applications: general considerations), after “material considerations” insert—

‘(none) “including previous convictions held by the landowner for unlawful tree felling, and failure to comply with restocking and enforcement orders.”

This amendment seeks to include a provision for local planning authorities to be able to take unlawful tree felling and a lack of compliance with Restocking and Enforcement Orders by landowners into account when considering planning applications.

Amendment 26, in schedule 16, page 225, line 35, at end insert—

“, and free, prior and informed consent has been obtained from affected indigenous peoples and local communities”.

This amendment would require that the prohibition on using a forest risk commodity must also be in accordance with having obtained the free, prior and informed consent of indigenous peoples and local communities, in addition to complying with relevant local laws.

Amendment 27, page 229, line 30, at end insert—

“Regulated financial person

7A (1) A regulated financial person must not provide financial services for commercial enterprises engaging in the production, trade, transport or use of a forest risk commodity unless relevant local laws are complied with in relation to that commodity.

(2) A regulated financial person who provides financial services for commercial enterprises engaging in the production, trade, transport or use of a forest risk commodity must establish and implement a due diligence system in relation to the provision of those financial services.

(3) A “due diligence system”, in relation to a regulated financial person, means a system for—

(a) identifying, and obtaining information about, the operations of a commercial enterprise engaging in the production, trade, transport or use of a forest risk commodity to which it provides financial services,

(b) assessing the risk that such a commercial enterprise is not complying with relevant local laws in relation to that commodity,

(c) assessing the risk that a commercial enterprise is not complying with paragraphs 2 and 3 of this Schedule, and

(d) mitigating that risk.

(4) A regulated financial person must, for each reporting period, provide the relevant authority with a report on the actions taken by the regulated financial person to establish and implement a due diligence system as required by paragraph 3.

(5) A “regulated financial person” means a person (other than an individual) who carries on financial services in the United Kingdom and—

(a) meets such conditions as may be specified in regulations made by the Secretary of State; or

(b) is an undertaking which is a subsidiary of another undertaking which meets those conditions.

(6) In this paragraph—

“group” has the meaning given by section 474 of the Companies Act 2006;

“undertaking” has the meaning given by section 1161 of that Act,

“financial services” means—

(a) the provision of banking services including the acceptance of deposits in the course of business;

(b) the provision of loans in the course of a banking, credit or lending business, including by way of term loan, revolving credit facility, debentures and bonds; and

(c) regulated activities as defined under section 22 of the Financial Services and Markets Act 2000 and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544), in each case as amended, or

(d) such other financial services as may be specified in regulations made by the Secretary of State.

“commercial enterprise” means a person (other than an individual) who carries on commercial activities in any jurisdiction relating to the production, trade, transport or use of forest risk commodities.”

This amendment requires that persons who carry out financial services in the United Kingdom do not provide financial services to commercial enterprises engaged in the production, trade, transport or use of forest risk commodities unless they are complying with local relevant laws.

Amendment 36, page 229, line 34, leave out “may” and insert “must”.

This amendment would make it a requirement, rather than just an option, that the Secretary of State make regulations under Part 2 of schedule 16.

Amendment 37, page 229, line 38, leave out “may” and insert “must”.

This amendment would make it a requirement, rather than just an option, that the Secretary of State makes regulations to appoint the relevant enforcement authorities.

Amendment 38, page 229, line 39, after “persons” insert—

“, independent of the Secretary of State,”.

This amendment is intended to require the Secretary of State to transfer the powers of enforcement (such as issuing fines) to an independent enforcement authority, as they relate to the use of products derived from a forest risk commodity (a major source of forest deforestation).

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

What a pleasure it is to be back to continue our consideration of this vital legislation, which will set us on a sustainable trajectory for the future. I know that so many colleagues have been looking forward to today with great anticipation, as indeed have I.

Although the journey of this Bill may have seemed a little lengthy, I assure the House that we have not been resting on our laurels. During this time, there has been a huge amount of constructive, dedicated work, and I will outline some of it: a draft environmental principles policy statement, which will guide the Government in applying environmental principles, was published for consultation on 10 March; and on 24 March we launched consultations on the deposit return scheme and the extended producer responsibility scheme for packaging, and these are two key initiatives in the resource and waste measures of the Bill.

We are working at pace to ensure that the Office for Environmental Protection will be operationally ready to stand up as soon as the Bill receives Royal Assent. We have also announced that new measures to reduce the harm from storm overflows on our precious aquatic environment will be added in the other place.

At this point, I pay tribute to my right hon. Friend Philip Dunne for his dedicated work on this issue. It has been a tremendous joint effort.

Photo of Catherine West Catherine West Shadow Minister (Foreign and Commonwealth Affairs)

Will the Minister also pay tribute to Surfers Against Sewage, which has done a marvellous job of lobbying and achieving a great outcome?

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

I am pleased the hon. Lady made that intervention, because of course I would like to pay tribute to Surfers Against Sewage, which has played a key role in all this for such a long time. Coming from the south-west, as I do, I very much know about the good work done by Surfers Against Sewage.

Today we are debating the nature parts of the Bill, which provide a framework of measures to support nature’s recovery in line with the ambition set out in our 25-year environment plan.

Photo of Gareth Thomas Gareth Thomas Shadow Minister (International Trade)

The Minister will know that England lags significantly behind the other countries of the UK on tree planting to help tackle climate change. She will also be aware that there is no ring-fenced component to the nature for climate fund for innovative, green-minded local authorities, such as my own in Harrow, to put in bids so that we, too, can play our part in increasing tree coverage.

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

As the hon. Gentleman will know, or I hope he knows, we launched our tree action plan just last week. It sets out the raft of measures we will use to enable us to plant our commitments and target on tree planting, which is 30,000 hectares by the end of this Parliament. There are measures in the action plan, and we have allocated £500 million from the nature for climate fund, so I would say there is a huge commitment to tree planting in this country.

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

I am going to continue.

The Bill also contains a coherent package of new duties, tools and support to drive improvement for nature: a 10% biodiversity net gain requirement on new development; a strengthened duty on all public authorities to conserve and enhance biodiversity—they will be able to do a lot of the tree planting mentioned by Gareth Thomas; local nature recovery strategies, which will form the building blocks for a much wider national nature recovery network; species conservation strategies and protected sites strategies to improve conservation outcomes for habitats and species; targeted measures to protect existing trees and plant new ones—back to trees again; and due diligence requirements to prohibit larger UK companies from including forest risk commodities in their supply chains.

Photo of Jim Shannon Jim Shannon Shadow DUP Spokesperson (Human Rights), Shadow DUP Spokesperson (Health)

The Minister is always very kind, which I appreciate very much. Amendment 41 would give enforcement powers to councils and local bodies with responsibility for planning to ensure that no illegal tree felling is allowed. Do the Government intend to support that amendment? I believe that the Minister and I both love trees and want to see plenty of them. Will that happen?

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

If the hon. Gentleman stays in the Chamber, he will hear what I say about trees—

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

Of course he doesn’t, Mr Speaker, and he won’t be able to now. I hope he will be pleased by what he hears about what we are doing to protect trees.

Finally in this toolbox of measures to improve nature, we have conservation covenants to protect natural features of the land for future generations. Just last week, we announced a raft of significant measures to further deliver for the environment, and I am absolutely delighted to say that we have committed to an historic new, legally binding target on species abundance for 2030, which aims to halt the decline of nature in England. We will table an amendment on that in the other place and we will set a final target in statute following the agreement of global targets at the UN conference on biodiversity in Kunming, in China, in autumn 2021.

It is essential that we seize this opportunity to set our ambitions high and take action to deliver them. I think it is clear in the Bill that we are doing that. That is why, in addition, I am pleased to propose two Government new clauses today—new clauses 21 and 22, which will not only help us halt the decline in species but drive recovery. New clause 21 provides for a power to refocus the Conservation of Habitats and Species Regulations 2017 to ensure that our legislation adequately supports our ambitions for nature, including our new, world-leading 2030 target to halt the decline of species. New clause 22 will allow us to amend part 6 of the 2017 regulations to improve the habitats regulatory assessment process. Where the evidence suggests that amending the regulations can improve the natural environment, make processes clearer and provide more legal certainty, to help improve the condition of our sites, we will have the means to do so swiftly.

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

I will give way to my right hon. Friend, a former Secretary of State for Environment, Food and Rural Affairs.

Photo of Theresa Villiers Theresa Villiers Conservative, Chipping Barnet

The Minister is very kind in giving way. Will she assure the House that the Government’s determination to restore peatlands will be an important part of meeting their new 2030 commitment on species conservation?

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

I thank my right hon. Friend for giving me the opportunity to mention our peat action plan, which was launched just last week. Restoring our peatlands is a crucial part of improving nature. It is essential that we get the 30,000 hectares that we have pledged to restore restored. We have the funding and measures behind it to enable us to do that.

Caroline Lucas, who I do not see in her place in the Chamber—

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

Okay—I will look up at the video screens. The hon. Lady will say that we need to lock in the protections of the habitats and wild birds directive as they are now, but if we are to deliver on our ambitious new target and reverse the downward trend of recent decades, we need to change our approach, and we need to change it now.

Now that we have the leading framework and targets set out in the Bill, we need to take responsibility for delivering the change needed to achieve our world-leading environmental ambitions. We need to create space for the creative public policy thinking that can help us to deliver those results. To that end, we have designed the new Government amendment with the specific aim of conserving and enhancing biodiversity. Under new clause 21(10), the power to amend regulation 9 can come into force only from 1 February 2023, once we have set the biodiversity targets and conducted the first review of the environmental improvement plan, as provided for in part 1 of the Bill. We have also been explicit that powers can be used only if they do not reduce the existing level of environmental protection. We will closely consult conservation groups, the OEP and others.

The clause will also require us to explain to this House how the use of the power would maintain the level of environmental protections provided by the Habitats and Species Regulations before any regulatory changes are made, and of course the House will have the opportunity to vote on any reforms. In addition, my colleague Lord Benyon will also chair a small working group, comprising myself, Tony Juniper, the chair of Natural England, and Christopher Katkowski, QC, which will gather information on how we might utilise the powers enabled through our Government amendments. We will have our first meeting before the summer recess. The group will consider the technical detail and will gather evidence from experts and stakeholders. The Green Paper will then offer a further opportunity for stakeholders to feed back on the initial proposals for reform. We will consult the new OEP on any proposals we develop before any regulatory changes are made.

On habitats protection, my right hon. Friend Chris Grayling, whom I am so pleased to see in his place, is right to raise the important issue of the protection of species such as the hedgehog. We all love a hedgehog, don’t we? I have released lots of rescued hedgehogs into my garden. The existing legislation focuses on deliberate harm against species, which, on its own, does not properly address the real challenges faced by species whose numbers are declining, such as the hedgehog. It is a priority for us to provide the legislative protections and policy interventions needed for our wildlife, including for declining species such as the hedgehog, and to deliver our 2030 target on biodiversity. He will therefore be pleased to learn that I have instructed my Department, as part of our Green Paper, to begin a review of this legislation, with a view to enhancing and modernising it. We intend to publish and seek views on our conclusions in the Green Paper later this year, and I give him an absolute commitment that this work will encompass the issues that he has raised and that I know he will be speaking about today, and that the final outcomes will ensure that we provide the kind of support that is desperately needed to reverse the decline in hedgehog numbers. I thank him in advance for championing this cause, because the hedgehog needs a champion.

Along with climate change, biodiversity loss is the defining challenge of our generation. Ensuring our protected sites can be restored to good condition, functioning properly as reservoirs for wildlife, and protecting our most vulnerable habitats and species is crucial to delivering on our environmental ambitions.

Photo of Bob Seely Bob Seely Conservative, Isle of Wight

I congratulate the Minister on seeking to improve that Bill, as that is excellent. Four amendments have been tabled—two by me, one from my right hon. Friend Theresa Villiers and one from my right hon. Friend Mrs Miller—that address specifically tree preservation orders, more protections and closing loopholes for sites of special scientific interest. Will the Government listen closely to those amendments? If they think they are worthy of support, as I think they are, will they please incorporate them or ensure that they are incorporated in the other place?

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

I thank my hon. Friend for that. I know that there are a lot of strong advocates for trees. We have some very strong measures in the Bill, as I hope he will already know—we have worked very hard on our tree protections. We believe that they, in conjunction with our tree action plan, mean that we have very strong measures for trees, but, obviously, we are always open to hear what colleagues have to say, because we have to look after and indeed increase our tree planting.

As I was saying, our ambition goes much wider than just existing protected sites; we want to see a much more abundant nature-rich Britain, with further action to bend the curve on species loss in this country. These powers to redesign our conservation regulations with these ambitions in mind form part of our plan to restore and enhance nature in this country. It is a must do, and we will do it. I commend these amendments to the House.

Photo of Luke Pollard Luke Pollard Shadow Secretary of State for Environment, Food and Rural Affairs

Two years ago this month, it was Parliament that declared a climate and an ecological emergency. We were the first Parliament in the world to do so in what was a truly landmark moment in the fight against the climate and ecological crisis. I was proud to work on that declaration and proud that it was a Labour motion. We need more landmark moments such as that if we are to tackle the climate and ecological emergency in a meaningful way. We were promised that the Environment Bill would be a landmark Bill.

“Landmark” is what the Government kept saying, seemingly until England’s rolling hills were littered with press releases as far as the eye could see, but, sadly, it is not a landmark Bill.

Let us be clear about what the climate crisis means. If we do not take the bold action now that is required, the freak weather, the destruction of homes, job losses, food shortages, habitat loss and species extinction will only get worse. Since Parliament declared that climate emergency, the Department for Food and Rural Affairs has issued 508 press releases about the environment. The group plural for a set of press releases evades me. It could be a discombobulation, a tedium, or a wafer. None the less, the Government seem to have been more focused on the spin than the substance of the matter. The press releases, ambitions, targets and soundbites are no substitute for the bold action that we need on the climate.

Photo of Catherine West Catherine West Shadow Minister (Foreign and Commonwealth Affairs)

What does my hon. Friend make of the World Wildlife Fund’s statement that the Bill does not go far enough to protect the world’s forests and oceans? Specifically, I know that there is interest across the House in what is happening in neighbourhoods and suburbs. In my own constituency of Muswell Hill, Highgate and Stroud Green, there is a lot of concern about trees coming down unnecessarily. How can we make that vision a reality?

Photo of Luke Pollard Luke Pollard Shadow Secretary of State for Environment, Food and Rural Affairs

Both my hon. Friend and the WWF are right that we need to see bolder action on forests and the oceans. It is a shocking indictment of this Bill that there is barely a mention of the oceans, which is a really important part of our environment.

Ministers must act in a quicker and more decisive way on the environment than we have seen to date. I hoped that the delay in the Bill would have given Ministers that time to be bolder, but I am afraid that they have not used their time as wisely as I would have liked. I welcome the steps forward that the Minister has announced, but they are not enough. The pace and urgency seem to be absent. Our rivers are polluted. There is not a single river in England safe to swim in. More species face extinction at home and abroad; more bees are dying from bee-killing pesticides, the use of which is legitimised by this Government; more plastics are entering our oceans; and dangerous particulates are entering the lungs of some of our most vulnerable. Where is the vision? Where is the landmark boldness that we were promised? Where is the rock-the-boat carbon cutting innovation? Where is the determination to push harder and harder to clean our air, protect our species, plant more trees and get us back on a course for nature recovery? Where is the World Health Organisation’s air quality targets in the Bill? Where is the boldness on ocean protection? We need that bold action not only to cut carbon, but to step up and protect our natural environment as well. If we have this approach that we can either solve a carbon crisis or an ecological crisis, we will solve neither. We need to solve both of them together, or neither of them at all.

Photo of Stephen Doughty Stephen Doughty Shadow Minister (Foreign and Commonwealth Affairs and International Development)

I absolutely agree with my hon. Friend, and I support the amendments, which are also in my name. Many constituents have written to me about these issues. Does he agree that there is a stark contrast here with the approach shown by the Welsh Labour Government? Let us take their tree-planting programme as an example. Since 2008, the Plant! scheme has planted a tree for every child born or adopted in Wales and also in Uganda, supporting forestation globally. The Welsh Government have also introduced a new moratorium on incineration, which affects my constituency and that of the shadow Minister, my hon. Friend Ruth Jones, when it comes to that crucial issue of air quality

Photo of Luke Pollard Luke Pollard Shadow Secretary of State for Environment, Food and Rural Affairs

I thank my hon. Friend for that. What the Welsh Labour Government have shown is that we can be bold and decisive and that we can take people with us on that journey. The “people first” approach in Wales is something that could be replicated in an English approach, but sadly, England has fallen further and further behind other nations in the United Kingdom. That is why I want the Minister to do more to preserve our precious habitats and biodiversity. If a car is speeding off a cliff, it is not enough simply to slow it down; we have to bring it to a stop and turn things around, and that is why Labour has tabled several amendments to try to inject some of the boldness that we need into the Bill. Let me turn to those amendments now.

The public want to see us plant more trees, but the thing about planting more trees is that more trees are not enough. We need to be bolder and bolder in the numbers we plant and the species we plant to ensure that we have a good mix of fruit trees, deciduous trees and other varieties of trees creating a rich biodiversity of habitats for our wonderful wildlife. The Committee on Climate Change, the independent body set up to advise the Government, has been clear that we need to raise our current 13% forest cover to 17% by 2050 if we are to have any chance of meeting our climate goals. That may need to increase further if the Government continue to miss other targets along the way. But the Government are missing their tree planting targets by 40 years. If we continue at the current paltry rate of tree planting, the Government’s own 2050 targets will not be met until 2091. I will be 111 years old in 2091. I would like to live that long, but I simply do not think the planet can wait for us to hit that low level of ambition that the Government have on this. More tree planting plans, more targets, more press releases and more paper printed out with those press releases will not plant the trees we need. I want the Minister to be bolder on this, and that is why we have tabled new clause 25, which would see the Government at least hit the Committee on Climate Change’s target, but I want them to go further.

Our Amendment 22 is another attempt to give the Bill some ambition on net gain. The Government have laid out some plans to regain and restore some habitats, and that is welcome, but they have stopped short of safeguarding this for the long term. Amendment 22 would require habitats secured under biodiversity gain to be maintained in perpetuity, rather than just for the 30 years envisaged by the Bill. That figure of 30 years matters. Can the Minister explain what will happen after the 30th year? What will happen in the 31st year? Will those protections fall away? Why was 30 years chosen and not a greater number? Habitats for wildlife can take decades or even longer to be become established, but they take minutes to be destroyed by a bulldozer. Protections matter.

Photo of Kerry McCarthy Kerry McCarthy Shadow Minister (Transport) 1:00 pm, 26th May 2021

Does my hon. Friend share my concern that the Government’s proposals on planning reform will actually make the proposals in the Environment Bill on net gain and protecting habitats far more difficult, in that they are a developers’ charter and the wishes of local people are likely to be overridden?

Photo of Luke Pollard Luke Pollard Shadow Secretary of State for Environment, Food and Rural Affairs

My hon. Friend is exactly right. That is why Labour is arguing for a comprehensive, joined-up approach from Ministers, in which DEFRA’s policies align with those of the Ministry of Housing, Communities and Local Government and with Treasury funding. They do not do so at the moment; we have a developers’ charter that does not match the protections that the Minister is talking about. I believe the Minister when she says she is passionate about this, but I just do not see that read-across in Government policy. The peripheralisation of DEFRA in the Government debate is not helping to protect our habitats when other Ministers are able to get away with habitat-destroying policies and seemingly all we have is a Minister patting himself on the back for this Bill. That is not enough, and I am glad my hon. Friend raised that example.

I am worried that the Government’s approach to species conservation is seemingly ad hoc and represents an unambitious approach that seems to have overtaken DEFRA. Labour’s amendment 46 demands a strategic approach to species conservation through protecting, restoring and creating habitats over a wider area to meet the needs of the individual species that are being protected. It acknowledges the vital role that species conservation can play in restoring biodiversity and enabling nature’s recovery. Indeed, it builds on Labour’s amendment to the Bill tabled by my right hon. Friend Hilary Benn at the last stage that would see a nature recovery by 2030. I welcome the steps forward on that but I would like to see more detail, because at the moment it seems like a good press release, but without enough action to ensure that the delivery is ensured.

Mr Speaker, you will know that I am a big fan of bees. I should declare an interest because my family keep bees on their farm in Cornwall. Since 1900, the UK has lost 13 of its 35 native species of bee. Bees are essential to our future on the planet, to pollinating crops and to the rich tapestry of biodiversity that depends on them. Bee health is non-negotiable; we must do all we can to protect our precious pollinators. On the first day on Report, the Conservatives voted down Labour’s amendment that would have restored the ban on bee-killing pesticides; on day 2 on Report—today—will the Government back or defeat Labour’s amendment 46 on species conservation? This really matters because bees really matter, and I think the concern is shared across party lines. The steps that the Minister has taken to support sugar beet farmers, especially in the east of England, is welcome. I want to support sugar beet farmers as well—I want to support British agriculture, which is especially needed given the risk of an Australian trade deal—but lifting the ban on bee-killing pesticides is not the answer. It will not help us in the long term.

Like many campaigners and stakeholders, we on the Opposition Benches are concerned that the overt focus on development in the explanatory narrative on clause 108 supplied by the Government suggests that it could fall into a worrying category. Labour’s amendment 46 seeks to correct that by putting nature-recovery objectives, underpinned by evidence, into the heart of the strategies and ensuring that each one abides by the mitigation hierarchy, starting with trying to conserve existing habitat and then moving to habitat compensation only when all other avenues have been exhausted. That will ensure that each strategy serves to recover a species, rather than greenlighting the destruction of existing habitats that are important to that species, in return for inadequate compensation elsewhere. Our amendment is common sense, it would strengthen the provisions in the name of the Secretary of State and, if passed, will show that this House cares about getting the most out of the Bill. I hope the Minister will give additional attention to those provisions when the Bill enters the other place.

On the other amendments that have been tabled on the Conservation of Habitats and Species Regulations and Government new clauses 21 and 22, I look forward to hearing from Caroline Lucas—she and I share an awful lot in common on this matter—because on the face of it we are minded to agree that we cannot rely on the Government not to dilute the environmental protections currently in the nature directives. I heard what the Minister had to say and think her heart is in the right place, but I want to see things put in law. She may not be a Minister forever and we need to make sure that whoever follows her will have the same zeal and encouragement. I am afraid that unless it is on the face of the Bill, there is a risk that that might not happen.

We support amendments 26 and 27, tabled by the Select Committee Chair, Neil Parish, on deforestation, the extension of due diligence requirements to the finance sector and the strengthening of protection for local communities and indigenous peoples. That is a good example of a Select Committee Chair proposing something meaningful and important that might not always get the headlines. He is playing an important role and we encourage power to his elbow.

In conclusion, the Bill has been stuck for too long. I had hoped that the delay in bringing the Bill forward caused by the Government would have altered the Government’s pedestrian approach and resulted in bolder action, with more amendments to the Bill to take on the concerns of non-governmental organisations, stakeholders and, indeed, the constituents we all represent. But on air quality, it fails to put WHO targets into law. It fails to require enough trees or seagrass to be planted. It fails to look at our marine environment in a meaningful way. On targets, it is weak, and the difficult decisions required to hit net zero seem to be parked for future dates. It is absent on ocean protection, which is surely a key part of our environment as an island nation.

Labour’s amendments would strengthen the Bill. In all sincerity, I encourage the Minister to look closely at them, because they are good amendments. But that is precisely why I fear that the Government will Whip their MPs to vote against them. I do not think that Ministers want a strong, landmark Bill; I think they want a weak Bill that allows them the freedom to park difficult decisions, delay urgent action and act in their own best interests rather than the planet’s. This Bill is enough to look busy—to do something—but not enough to make meaningful change. It is in that grey area that a real danger lies: enough to convince the public that something is being done without fundamentally changing the outcomes at the end of it—to lull people into a false sense of security that change is happening and does not require the difficult decisions that we all in our hearts know are coming.

Photo of Steve Brine Steve Brine Conservative, Winchester

I am listening carefully to the hon. Gentleman, as always. I do not think it is fair to say that it is a weak Bill. May I probe the Opposition, as we are on Report, on the whole issue of biodiversity as a condition of planning permission? There are amendments on the amendment paper in that respect today; where do the Opposition stand on planning permission and biodiversity as a precondition thereof?

Photo of Luke Pollard Luke Pollard Shadow Secretary of State for Environment, Food and Rural Affairs

I am grateful to the hon. Member for that intervention; I know he always listens carefully to my speeches on this subject, and his question is a good one. We are facing a bit of a planning crisis. I am concerned that the developers’ charter that has been set out by the Government regarding planning on one side of Government practice does not fit neatly with what is being proposed in this Bill, on this side of Government practice.

If we are to have the expansion in a free-for-all for development that is being proposed by one Government Department, it is hard to see how that fits with the biodiversity protections on another side of Government. I would like them to gel together, because I want developers to provide the more affordable homes, the zero-carbon homes and the low-carbon homes that we need in all our constituencies. To do that, we need to send a clear message to them about how biodiversity is to be built into the planning system. Where, for instance, is the requirement for swift bricks to be built into new developments—building nature into them? Where is the requirements to have hedgehog holes in some of the fences, as we have seen from some developers?

There are an awful lot of good interventions on biodiversity and planning that create not unnecessary red tape or cost, but an environment where we can build nature into our new planning system. At the moment, I am concerned that those two things do not match together, which is why we want to see biodiversity much more integrated into the planning system. If I am honest, I think Government Members also want that to happen, which is why the planning reforms proposed in the Queen’s Speech do not fit with this Bill and why there is such concern.

Photo of Bob Seely Bob Seely Conservative, Isle of Wight

These are good individual ideas, but the problem is actually a much wider one. If we do not have a recycling culture in housing and planning, we are just going to use lots of greenfield sites. Doing so would damage not only our environment, but our communities; we would be doing social damage by leaving brownfield sites undeveloped. We need to start taxing greenfield sites and doing radical stuff, so that we get joined-up Government and use that money massively to clear the way for developing brownfield sites. That is what we need to be doing—not just putting in nice little bee bricks, as important as they are.

Photo of Luke Pollard Luke Pollard Shadow Secretary of State for Environment, Food and Rural Affairs

I thank the hon. Member for that intervention. I am a big fan of bee bricks as well as swift bricks. I fear that his intervention was aimed more at the Government than at me. I hope that the Minister will be listening carefully to her own Back Benchers, because, whether she agrees with the words of the Opposition or not, we need a bolder Environment Bill. We need it to be better joined up across Government because we are not there yet.

DEFRA was at the heart of Government when Michael Gove was in charge, but it has lost its way. It has lost its va va voom. It is now dominated by a bland and dreary managerialism. Where is the energy and drive needed to tackle the climate crisis? The Department has a lot of decent junior Ministers—one of them is opposite me now—but I think it has lost its way. This Bill is okay. It is passable. It is a bit “meh”. But it is not landmark. Indeed, it is deliberately not a landmark Bill.

I say to the Minister: look carefully at Labour’s amendments and please let us work together to get this Bill back on track. I agree with her on the need for bold action; I just do not think that this Bill delivers it. If we are properly to address the climate and ecological crisis, we need more, bolder and decisive action than I am afraid this Bill includes.

Photo of Lindsay Hoyle Lindsay Hoyle Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, House of Commons Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Speaker's Committee on the Electoral Commission

I remind Members that the speaking limit in effect for Back Benchers is four minutes. The countdown clock will be visible on the screen of hon. Members participating virtually and on the screens in the Chamber. For hon. Members participating physically in the Chamber, the usual clock in the Chamber will now operate. I call the Chair of the Select Committee, Neil Parish.

Photo of Neil Parish Neil Parish Chair, Environment, Food and Rural Affairs Committee, Chair, Environment, Food and Rural Affairs Committee

Thank you very much, Mr Speaker. It is a pleasure to speak in this debate.

I welcome the return of the Environment Bill and commend Ministers on bringing it back so quickly after the Queen’s Speech. Let me start by welcoming the recent publication of England trees action plan, which sets out ambitious targets for tree planting. I was pleased to see that it also includes plans to deliver what I have previously described as smart tree planting. What I mean by smart tree planting is not simply planting large numbers of trees, but planting the right trees in the right areas so that they can help to mitigate soil erosion and form natural flood defences. I welcome the fact that new woodlands are to be planted that will enhance biodiversity and have recreational benefits, but I emphasise that trees are also a living crop; we want to see them grow and mature, and we will use them for building our houses and will capture the carbon. I therefore want to see the right varieties planted to form the timber of our future buildings.

While we are rightly going to great lengths to deliver sustainable forestry policy in England, we must not miss the opportunity to send equally ambitious targets to protect forests overseas, many of which are very sadly facing an unprecedented threat. In 2020 alone, some 11,000 sq km of the Amazon were lost to deforestation—the most in 12 years. That is an area nearly twice the size of Devon lost in one year. Large-scale commercial agriculture accounts for a large proportion of that. We cannot allow this to go on.

Photo of Steve Brine Steve Brine Conservative, Winchester

I am very happy to put my name to amendments 26 and 27, in particular amendment 27, on financial services. Many of our constituents will invest with and use UK financial institutions, banks and pension funds, and they will have very little sight of the investments that they make around the world that could assist deforestation of the Amazon. Is not the key point that we cannot just rely on transparency—that it is a duty of the House to act, and this legislation is a golden opportunity to do that?

Photo of Neil Parish Neil Parish Chair, Environment, Food and Rural Affairs Committee, Chair, Environment, Food and Rural Affairs Committee 1:15 pm, 26th May 2021

My hon. Friend is absolutely right, especially in terms of pension funds. People do not always know which companies their pension funds are investing in and what those companies are investing in—are they investing in Malaysia or in large cattle ranches in Brazil, where deforestation may be taking place? We need to tighten up on this, and I very much welcome his intervention.

Not only are rainforests a carbon sink, but they hold 80% of the world’s terrestrial biodiversity. They help to maintain our delicate global ecosystem, so I am pleased that, as part of the Bill, companies that cause illegal deforestation will be held accountable. The requirement for large companies to undertake due diligence on their supply chains is an important step, but the Bill should go further in tackling the practice.

As Members will know, I have tabled two amendments to the Bill to ensure that the measures have the teeth to tackle the problem. First, amendment 26 proposes that we put into law protections for the rights of indigenous people, requiring that

“free, prior and informed consent has been obtained from affected indigenous peoples and local communities” before big companies go in and develop land. That is important because, while the Government’s new provisions reference the need for companies to ensure that local laws are respected, they do not consider that the rights of indigenous communities are not always respected in law.

I have visited Brazil; I have seen the trucks going through the forest and the people in the back of them with sub-machine-guns. I can assure the Government that it is not easy for indigenous people to have rights in places where there is no real rule of law in parts. Indeed, 80% of indigenous lands do not yet have secure legal rights. In those places, local people are rightly defending their own land from aggressive development, but at great risk. In February 2019, I had the honour of meeting the chief of the indigenous population in the Amazon. He told me of the daily struggles that he and his people experience in protecting their homes from illegal land clearance. Research shows that more people than ever were killed in 2019 for defending their land. Over 200 were killed—an average of around four people a week. Not only are indigenous people being killed, but many are seeing the land on which their livelihoods depend being destroyed. Amendment 26 would not only save lives but would save livelihoods—something that I know the Government care greatly about. I ask them to look carefully at this issue.

The second measure that I would like the Government to implement to tighten up the Bill is amendment 27. I firmly believe that we must ensure that the legislation includes the financial sector, which is in many cases bank-rolling deforestation in places such as Brazil and Malaysia. If we do not include the financial sector in these measures, we are missing out one of the most integral parts of the supply chain and leaving a large loophole in the law.

Photo of Deidre Brock Deidre Brock Shadow SNP Spokesperson (Wales), Shadow SNP Spokesperson (Environment, Food and Rural Affairs)

Mr Speaker, you might recall that there used to be a TV game show called “Bullseye”, in which the legendary Jim Bowen consoled failed contestants with that cruellest of catchphrases, “Let’s have a look at what you could have won.” As we come to the end of the long process of this Environment Bill, a lot of folk might be thinking that it was Jim Bowen presenting it.

I will be as generous as I can and say that there were good intentions behind the Bill, or at least the stated intentions were good back when it appeared many, many moons ago. There was admirable ambition to enshrine environmental protections in law, to set proper targets and to establish the Office for Environmental Protection—high aims, except those rules would not apply to one of the most polluting and environmentally damaging parts of the state, the military. They also would not apply to anything that might be classed as national security or taxation or spending. Those are pretty big areas of government: if taxation and the allocation of resources are exempted, a massive part of governance will walk happily by without casting a glance in the direction of the environmental protection regulations.

Then of course in the Bill’s Committee stage the Government introduced amendments and new clauses that limited the power of the Office for Environmental Protection to take enforcement action, creating thresholds for reviews, moving the review from tribunal to court, limiting the OEP’s power to intervene in judicial reviews brought by others, and imposing even greater limitations on its own power to initiate judicial reviews. To top that off, Ministers took the power to be able to direct the OEP on what it should be enforcing. It has gone from a powerful and independent body to a mere arm of the Government before it is even born—a bit sad, really.

There are still things to be welcomed, however, the setting of a species recovery target being one. It should be a declaration of intent—a commitment to reversing some of the harm that has been done—but it needs clarifying and it needs political will behind it to get to any kind of a delivery phase. It also needs cash—plenty up front to get it started, as well as an ongoing commitment to keep funding the work.

We have seen what has happened to Natural England: how the funding cuts stripped that body of its ability to do its job; how its feet got cut away from under it; how a decade of austerity has rendered it unable to function properly. Budget cuts have led to pay cuts, cuts in grants, cuts in staff numbers and cuts in assessed programmes. That is a terrible way to treat staff—a horrendous betrayal of their loyalty and hard work—and I hope Ministers, and those hoping one day to replace them, think on that. Natural England’s Government funding was cut by two thirds between 2010 and last year. Staff numbers have gone down by a quarter since 2010 and those who remain have seen real-terms pay cuts. The ability of the agency to do its work is compromised, if not fatally damaged. Its recovery, if it can recover, would depend on substantial investment in cash and in political capital, but, given how the Office for Environmental Protection has been gutted even before it has been created, I cannot see much hope for Natural England. Perhaps the Minister can tell us in her closing remarks how that will pan out.

This is almost entirely England’s problem of course, because it is England’s Government failing on the environment and this Bill is largely an English Bill, but what is done in England affects Scotland in many ways, including funding, because we are stuck in this constricting Union, for the moment at least. I would be happy to see England sort it out for Scotland’s sake, but even more so for the sake of the environment.

We will, however, of course all be in agreement with amendment 26; who in Parliament would ever think it appropriate to go taking the resources of other peoples and lands without the consent of those peoples? Such pillaging of communities should be beyond the pale.

The UK Government could just for once look to Scotland and the initiatives a Government who are ambitious for their citizens and mindful of their duty to protect and improve our environment can legislate for, such as our commitments to active travel and the restoration of our peatlands, our deposit return scheme soon to be implemented, further planting of new woodlands, implementation of the WHO recommendations on PM2.5 on air pollution, creation of the largest green space project in Europe, the central Scotland green network, and much, much more, with green recovery placed at the heart of successive policy publications: actions rather than just words.

Even in this year when COP26 is to be hosted in Glasgow, the commitment of the UK Government to sorting out some of the mess is minimal if it exists at all. France managed to create the Paris agreement when it headed the conference of the parties; the UK is busy greenwashing what it can and dismantling the rest. Biden is doing the work the UK Government should be doing: dragging commitments out of other Governments. The UK Government like to pretend that the UK is a world leader, but it cannot even lead a conference.

There are elements missing from the Bill that will have to be addressed in the near future, including the lack of clear and binding plans to reduce waste. The World Health Organisation guidelines on particulate levels reduction are missing, and there is nothing on plastic pollution—many public bodies are exempt from the law. I have already mentioned the military and anything that can be covered by the nebulous national security definition, but there are plenty of other examples. To spare the blood pressure of the ardent Brexiteers, I promise I will not mention the rolling back on existing EU protections, but it is there. As the EU continues to press ahead, keeping to environmental protections that the UK’s Environment Secretary described as “spirit-crushing”, the UK will fall behind.

Protecting the environment and making some progress on addressing the climate emergency takes effort, fortitude and a bit of guts to tackle the unpopular things that need to be done. I do not see any evidence of that kind of grit in Whitehall and that is a great shame. Jim Bowen never had the environment behind that screen, but I cannot help reflecting on the fact that this should have been a big win, but is instead a sorry look at what we have not won.

Photo of Bill Wiggin Bill Wiggin Chair, Committee of Selection, Chair, Committee of Selection, Chair, Committee of Selection

I tabled new clause 2 to address the proposed general licensing requirements for the release of game birds and the environmental benefits of shooting. A campaign group named Wild Justice is repeatedly challenging DEFRA. As a result, Natural England must make assessments of the potential damage to EU-protected sites before granting licences for the release of game species. The proposed assessments are intended to take years to achieve, thus halting the granting of licences. The new clause would shift the requirement for Natural England from mandatory assessments to doing them on a common-sense, case-by-case basis.

Campaign groups such as Wild Justice would like to end all country sports. Often fuelled by emotive and ill-informed rhetoric, such campaigns do not recognise the importance to the environment of country sports and their contribution to not only the rural economy but the conservation of land. The gross value added of shooting stands at £1.7 billion in England and £2 billion in the United Kingdom—£240 million in the west midlands alone. Shooting adds 350,000 direct paid jobs to the market and accounts for 10% of the total amount spent on outdoor recreation each year.

Every year, 3.9 million work days are spent on conservation —the equivalent of 16,000 full-time conservation jobs. Up to 700,000 hectares of farm land are planted with wild bird seed mixes and pollinator strips as a result of game bird management. That is five times greater than the land owned by the Royal Society for the Protection of Birds.

Game shooting estates often have 65% more hedgerows than normal farm land. Most statistics show that the sport is not the preserve of the elite: figures from 31 March show that 159,483 firearms certificates and 567,358 shotgun certificates were on issue in England and Wales. That means that at least 1.6 million people are shooting in the UK.

Pheasants have been in the UK continually for the last 2,000 years. Their release, management and subsequent hunting predates all site protections. Indeed, game bird release and management have largely been responsible for the existence of sites of high nature value that are worth protecting. Some 28% of woodlands in England are managed to some extent for game birds—more than are managed for nature conservation. We therefore need to do considerably more to ensure that, if the new clause does not suit the Minister exactly, such provisions are taken on board.

Natural England has two tools to monitor sites: the improvement programme for England’s Natura 2000 sites—IPENS—and a designated sites view, or DSV. The latter identified game bird release as causing an impact across seven sites of special scientific interest—the equivalent of 134 hectares. For context, England’s SSSI network covers 4,100 sites and that is more than 1 million hectares. The worst impacts on nature, unfortunately, are caused by dogs and walkers, and nobody wants to see them campaigned against, so I hope that DEFRA will adopt the gist of this amendment to protect itself—

Photo of Kerry McCarthy Kerry McCarthy Shadow Minister (Transport) 1:30 pm, 26th May 2021

I would like to begin by praising the work of Wild Justice, whose members are far from ill- informed, absolutely passionate about nature conservation and do some excellent work. I was waiting for Bill Wiggin to mention Labour’s amendment on peat burning. I know that is in the next group, but it was quite surprising that he—

Photo of Kerry McCarthy Kerry McCarthy Shadow Minister (Transport)

Yes, well, perhaps the hon. Gentleman can come back for the next debate and make an intervention to show that he supports that amendment. [Interruption.] He can intervene on me, of course.

I would like to speak primarily in favour of amendments 26 and 27, tabled by Neil Parish; I believe that birthday congratulations are in order today. Deforestation, which destroys vital carbon stores and natural habitats, is both one of the central drivers of the climate emergency and a driver of the devastating decline in biodiversity. As we have heard, it also plays a role in displacing people from their land and leads to modern slavery and exploitative working practices. It is clear that we need a no-tolerance approach to any deforestation in our supply chains, legal or illegal.

The Bill comes before us in a slightly better state than its many previous incarnations due to the Government’s new proposals on due diligence in deforestation, but unfortunately they fall far short of what is needed. The primary issue is that they act only to eliminate illegal deforestation. That ignores the fact that some nations, most notably Bolsonaro’s Brazil, are chipping away at legal protections on deforestation and enforcement mechanisms to identify and prevent it. For instance, the Brazilian Parliament is set to approve new legislation dubbed “the destruction package” that will accelerate deforestation in the Amazon by providing an amnesty to land grabbers and allowing deforestation on indigenous lands for major construction projects. Preliminary WWF research shows that 2 million hectares of forest and natural ecosystems could be legally deforested in the Brazilian territories that supply soya to the UK.

This Bill is a unique opportunity to send a message to those states that fail to act to protect our planet. That is why I urge the Government to think again and to strengthen their proposals to include legal deforestation to show true climate leadership ahead of COP26. I am sure that, if we do not accept these amendments today, the noble peers in the other place will have strong words to say about that, and I hope they will send the Bill back to us suitably amended.

Amendment 27 would prevent financial services from working with firms linked to illegal forest-risk commodities. We cannot claim to be tough on deforestation if we allow British financial institutions to support firms linked to it. These damaging investments are deeply embedded in our economy and sometimes even in our own personal finances. Shocking analysis from Feedback published today shows that even the parliamentary pension fund has investments in companies such as JBS Investments that have been repeatedly linked to deforestation. It is not good that we are being drawn into complicity in this situation through our parliamentary pension fund. I therefore hope the Government will accept these amendments and begin to show global leadership.

I very much support the amendments tabled by my hon. Friends on the Labour Front Bench, including new clause 25 calling on the Government to prepare a tree strategy for England. We are trying to do this in Bristol in terms of doubling the tree canopy and with our One City ecological emergency strategy, which I encourage other cities and towns to emulate. I also support amendment 22, which would embed the net gain of habitats in perpetuity. I urge colleagues across the House to accept these amendments. If we fail to do that today, as I said, I am sure that the noble Lords in the other place will take up these causes with their customary vigour.

Photo of Theo Clarke Theo Clarke Chair, International Development Sub-Committee on the Work of the Independent Commission for Aid Impact, Chair, International Development Sub-Committee on the Work of the Independent Commission for Aid Impact

I am delighted to have the opportunity to speak on this landmark Bill, which aims to ensure that the environment is at the heart of Government policy. I am pleased that it intends to better conserve our environment, tackle biodiversity loss and regenerate parts of our great countryside.

I thank my right hon. Friend Chris Grayling for his tireless efforts on environmental issues, including his work on food labelling and environmental sustainability. I was very proud, in the previous Parliament, to co-sponsor his Bill on that matter, much of the contents of which are set to come back to this House later today. This, along with new clause 4, demonstrates that so much more can be done to strengthen our commitments to the environment by protecting vulnerable species. I welcome the Minister’s statements today and her commitment to review ways that we can reverse the decline in hedgehog numbers.

I think we can also help the population to make informed choices. Recently, I visited Rodbaston College in my Stafford constituency. I was delighted to tour the animal zone, where a number of my young constituents are learning to work with a variety of animals, learning how to protect our native species such as the otter and learning to train for careers in conservation. New clause 4, which aims to insert hedgehogs into the Bill as a protected species, is an important reminder of how interconnected nature is, and the important need to retain and to protect species such as the hedgehog.

It may surprise some people to know that a key factor in the reduction of the number of hedgehogs is in fact keeping gardens too tidy and the lack of wildlife corridors in fenced-in gardens. Last week, I was pleased to re-form the all-party parliamentary group for fruit, vegetables and horticulture, which I co-chair, and I led a conversation with Alan Titchmarsh, in which we discussed how gardeners can work with nature to improve habitats for other wildlife, including hedgehogs. New clause 21 aims to protect habitats better. I think we can all do our bit by providing wildlife corridors and creating hedgehog homes, as I have in my own garden. No Mow May is an initiative that is very popular with my constituents: people do absolutely nothing to their lawn in May, which can significantly improve the ecosystem of their garden. The wonderful thing about nature is that it wants to recover. We just need to give it the opportunity to do so.

I believe that the measures in this Bill lay the groundwork to significantly improve our environment. The Bill, particularly new clause 21, clearly demonstrates our Government’s commitment to protecting the unique and diverse habitats that we have in Britain. I was pleased recently to visit the Staffordshire Wildlife Trust’s Wolseley Centre to see at first hand its project to replicate a wide variety of habitats in Staffordshire, including woodlands, ponds, and wet and hay meadows. These habitats are providing homes for a range of flora and fauna. The measures in the Bill ensure that we can protect these for generations to come.

One of the reasons these steps are so effective and increase biodiversity is that we are helping other species in the ecosystem to thrive, which in turn leads to a richer and more resilient environment. That is why I believe it is so vital that we reverse the biodiversity loss we have already suffered in the UK, and that is why I welcome the focus in the Bill. I welcome the Bill along with the new clause I have discussed due to their aim to conserve our environment and increase biodiversity. We need to protect and improve our precious environment for generations to come.

Photo of Matt Rodda Matt Rodda Shadow Minister (Work and Pensions) (Pensions)

It is a pleasure to be able to speak in this important debate today. I would like to cut to the chase, because time is short. I think it is worth reiterating the point made by my hon. Friend Luke Pollard: we do face a climate emergency and an ecological emergency. Put simply, these are existential threats to humanity on this planet. We must, as he rightly said, not only slow down the car that is speeding towards the cliff, but stop it, turn it around and drive the other way.

The question we need to discuss today is whether this Bill is enough to stop that car. In my opinion, it simply is not. It does make some small steps forward—I grant the Government that, and I am very keen to work with colleagues across the House on this matter—but I think we have to be honest with ourselves: it does not take the significant series of steps that we all support, I would hope, and that we as a country and the wider world urgently need.

I will highlight three key issues before mentioning a few local points. On tree planting, I am not sure the Government fully understand the difficulty of rolling out a major programme of tree planting, given the wide range of landowners they need to work with, the importance of supporting local authorities and the practical difficulties, such as the number of man and woman hours that it takes to plant a large number of trees. The Chairman of the Select Committee, Neil Parish, rightly spoke about the importance of biodiversity and supporting trees—which are not only good in themselves in capturing carbon, but have a beneficial effect on the landscape, for example, stopping erosion—and about promoting native trees rather than those that do not support such a wide range of animals and plants. The interesting comparison here is a sycamore versus an oak tree. An oak tree might support 1,000 plants and animals, but a sycamore, which is not native, does not support anything like that—it supports only a few species.

There are also important weaknesses in terms of air quality. This is a major issue in my Reading East constituency, where a huge amount of traffic flows through the town, a legacy problem with the way roads are laid out in our area, and many families have severe concerns about the health of children, older people and the population as a whole.

On the oceans—my hon. Friend the Member for Plymouth, Sutton and Devonport also mentioned this issue—we face a huge challenge around the world, with the growth of plastics in the oceans. There are many other problems as well.

I would like to work on a cross-party basis with colleagues, but we need to understand the urgency of the matters that should be addressed by the Bill. Our residents in our local communities are telling us that. I am sure I am not the only person here present today who has a groaning postbag, with many different concerns raised by local people. There are far too many to mention in full, but I want to just cover a couple of them.

A good example is the scale of concern about sewage flowing into rivers. Reading sits on the River Thames and the River Kennet. We have a large population, with people who want to wild swim in the Thames and other water users. Many people enjoy boating and fishing. We need to deal with this problem urgently and it relates to the other issues we have talked about today.

In my area, we are also very concerned about the planning liberalisation proposed by the Government, which is completely mistaken. As many Conservative Members who represent similar seats in southern England will know, it could dramatically change the local landscape, lead to a huge amount of infilling between existing towns and cities, degrade the quality of life in existing suburbs by putting large blocks of flats between rows of existing houses, and lead to building on the green lungs of towns and cities. So I urge the Government— I realise this does not relate directly to this Bill—to address this matter, completely scrap and reconsider their approach to planning, and revert to the traditional tried and tested approach which has stood us in good stead since world war two.

Very briefly—I realise I am in danger of running over time, Madam Deputy Speaker—I will indicate my support for new clause 25, on trees; amendment 46, on the rainforest, from the Chair of the Select Committee, the hon. Member for Tiverton and Honiton, which I whole- heartedly support; amendment 22, on habitat protection; new clause 12, on banning fracking—a very important measure and there are local concerns about that in our area—and new clause 24, on banning heather burning.

Photo of Oliver Heald Oliver Heald Conservative, North East Hertfordshire

I will speak to amendment 45. Clause 95 is an important step forward because it changes the duty on public authorities: the duty is not just to conserve biodiversity, but to enhance it. That is a big change and one of the big measures in the Bill. Amendment 45 would add to that by requiring public authorities to consider what action they can take to contribute to the achievement of targets under the UN convention on biological diversity. This is a big year with COP26 coming up, but we also have, at Kunming in October—about the time the Bill may well become law—the renewal of the convention and the plan for the next 10 years. I invite the Minister to consider how we can leverage the nature target, for example, which has just been announced, to make such commitments international so that we are changing not just Britain, but the world.

The last CBD that set out a 10-year plan was in 2010; the Aichi targets. It is true that in our country we have done a lot of the things that were proposed, but internationally only one target out of 20 has been achieved: number 11, on protecting 17% of land and water. There is an opportunity, later this year, to go much further. The Government have already made commitments on the sort of measures we should be trying to negotiate, such as protecting 30%, not 17%, of land and seas, and protecting species. I think there is an opportunity to put this in the Bill, although I am just probing the Minister on that. Really, I want to know what the Government’s plans are to take the initiatives in this landmark Bill and make them international. I know the Minister probably has a lot to say when she winds up the debate, but it would be welcome if she touched on the global aspects.

Photo of Tim Farron Tim Farron Liberal Democrat Spokesperson (Environment, Food and Rural Affairs), Liberal Democrat Lords Spokesperson (Communities and Local Government), Liberal Democrat Spokesperson (Housing, Communities and Local Government) 1:45 pm, 26th May 2021

I am grateful for the opportunity to speak in this debate, Madam Deputy Speaker. I will restrict my remarks to amendments 47 and 49, which stand in my name, and amendment 29, which stands in the name of my hon. Friend Sarah Olney. The amendments have in common the aim of protecting the landscape and the environment both in very rural areas like mine and in urban and suburban parts of the UK that are threatened by the Government’s planning reforms.

Amendments 47 and 49 would ensure that environmental land management schemes contain a mechanism to deliver adequate financial support to our farmers for delivering landscape benefits, in particular species conservation and protected site strategies, and so rewarding our farmers for maintaining the beauty of our landscape. We have done that inadvertently through various funding schemes over the past few decades, but it is about to drop by the wayside. It is hard to put a price on landscape beauty, but it is vital that we do so.

In the lake district and the Yorkshire dales, in a normal year our Cumbria tourism economy is worth more than £3 billion and employs 60,000 people in our county—tourism is comfortably the biggest employer in Cumbria. Underpinning that economy is the beauty of the landscape.

Photo of Neil Parish Neil Parish Chair, Environment, Food and Rural Affairs Committee, Chair, Environment, Food and Rural Affairs Committee

I agree very much with the hon. Gentleman. Farming, landscape and tourism are closely integrated. As we deal with the Environment Bill, we have to remember that agriculture and tourism are interlinked, especially in the rural parts of this great country of ours.

Photo of Tim Farron Tim Farron Liberal Democrat Spokesperson (Environment, Food and Rural Affairs), Liberal Democrat Lords Spokesperson (Communities and Local Government), Liberal Democrat Spokesperson (Housing, Communities and Local Government)

The Select Committee Chair is absolutely right, and I completely agree. We have to find a mechanism to make sure that we reward those who maintain the beauty of our landscape.

I have often been in places such as Barbondale, Dentdale, Langdale, Kentmere, Longsleddale and other glorious bits of my part of the world. I almost feel compelled to express envy of the hill farmer I am with in his or her glorious environment, but often the response is a slightly sad look that says, “I can’t eat the view.” It is all very well having a beautiful place, but if those who work there make a pittance, what good is it to them? That is what is happening in the uplands, where people are steadily moving away as farms fail and close. The Government’s plan to offer early retirement to farmers offers no mechanism to get young people in to replace them, and just in the last few days, the only agricultural college in Cumbria has closed.

I am desperate to ensure that the ELMS rewards farmers for landscape value, but there is currently no effective mechanism to do that. That should be added, which is why the amendment matters. I am also concerned about what the Bill means for the status of some of the beautiful parts of the United Kingdom. UNESCO awarded world heritage site status to the lake district just a few years ago. The report that resulted in the award of that status gave as much credit to the farmers as it did to the glaciers. These are managed, crafted landscapes, and we should reward the farmers who provide them.

There are many bad things about our not being in the EU, but one good thing is that we do not need to borrow EU measures. We do not need to borrow the plan for funding ELMS through the mechanism of income forgone. We should be rewarding farmers for the value of what they do, not paying the pittance they were paid in the first place.

In the time left, I will speak to amendment 29. Local nature resource strategies are a good idea. They are welcome, but they are weak, and they will not be worth the paper they are written on if they are not material to the considerations and decisions made by local planning committees. If we are to protect our green belt, whether it be in such places as the constituency of Matt Rodda, other parts of the ring around London, or indeed a very rural area like mine, we must not put planners in a situation where they have no power to prevent developers from damaging the countryside or, as is the case in a place like mine, to prevent developers from delivering up to 50 houses without having to deliver a single affordable property.

Nine out of 10 planning permission applications get passed. More than a million planning applications for homes have not been delivered. Planning is not the problem; planning is the protection for our communities and our environment. That is why this amendment is important to try to undo and mitigate some of the Government’s attack on our rural communities.

Photo of Julie Marson Julie Marson Conservative, Hertford and Stortford

It is a pleasure to follow Tim Farron, and it is a real pleasure to speak in this debate. It was over a year ago that I made my maiden speech specifically so that I had the opportunity to contribute to the Second Reading of this Bill, so it is a pleasure to be back here again.

It is worth reflecting on the context of where we are now, because in the intervening time, the pieces of our country and the world have been almost thrown into the air, and we still do not quite know where they will land. The pandemic makes the Bill even more important than it was over a year ago. It is fair to say that all of us have had time to reassess priorities. We have considered our priorities in life—our quality of life, our family, our health and our friends—and this Bill has become even more important, because many of us, with the roads quiet and having limited time to get out, have reflected on the importance of our natural environment and what is around us. Our appreciation of nature and the need to focus on species loss and the things that make our environment unique to our localities are even more important than they were.

With respect, I must disagree with the shadow Secretary of State’s characterisation of this as not being a landmark Bill, because it is a landmark Bill. It is a bold Bill. I particularly reject the characterisation that it is a mark of a Government or, indeed, any Member on the Government Benches not caring about the environment, because it absolutely is not that.

Photo of Oliver Heald Oliver Heald Conservative, North East Hertfordshire

In our area, there are a lot of chalk streams. Does my hon. Friend agree that for our population and our area, points that the Government have agreed on, such as not having sewage overflows into the streams and treating low flows as damage that has to be restored, are incredibly valuable things?

Photo of Julie Marson Julie Marson Conservative, Hertford and Stortford

I thank my right hon. and learned Friend and neighbour, because I will come on to mention chalk streams, which are such a vital part of our environment as a country, particularly in Hertford and Hertfordshire. In Hertford and Stortford—I may be biased—we have one of the most beautiful places in the world to live and work, and this Bill is important to me and my constituents.

We are going to rely on many of the Bill’s provisions. Development is a major driver of species loss and environmental degradation, so the biodiversity net gain requirements will be critical for us in protecting our environment. We have swathes of green belt that will be developed, and there is lots of infill development. This Bill will be really important to help us to retain our environment in those circumstances. I thank the Minister for her engagement with the all-party parliamentary group on chalk streams, because that has produced some strong commitments and practical solutions.

In my constituency in Hertfordshire, we have five amazing chalk streams: the Stort, the Mimram, the Beane, the Ash and the River Lea. We all know that they have been called the rainforests of the environment, because they are so key to diversity in the ecosystem. I absolutely agree with my right hon. and learned Friend that the provisions in the Bill about chalk streams are extremely welcome and important.

I am pleased to speak also as the RSPB champion for the kestrel, because these things are inextricably linked. In Rye Meads nature reserve in my constituency, the kestrel has declined drastically, but focus on chalk streams and the wildlife they produce will help the kestrel as well. The environment is so complex, and I welcome the progress we have made and thank the Minister for her engagement on that.

When I spoke last time, I quoted Rudyard Kipling, and although I will not overuse his beautiful words, what he said is that we cannot just sit back and expect everything—our beautiful land—to happen without us playing our part. I believe that this Bill is very much us playing our part.

Photo of Seema Malhotra Seema Malhotra Shadow Minister (Business, Energy and Industrial Strategy)

The environment is the bedrock of our economy and our wellbeing. It is not something separate from ourselves; it is in the food we eat and the places where we live. I know this, as do my constituents in Feltham and Heston. Whether they are emailing me about biodiversity, badger culling, air pollution, habitats, parks, clean and green streets or everything in between, it is clear that they care about the environment and about the other creatures that we share nature with. Indeed, I was a member of Friends of the Earth before I joined the Labour party as a teenager.

As we prepare to host COP26 in November and as we leave the EU’s regulatory frameworks, now is the time to create positive, impactful, long-lasting environmental protections. Unfortunately, the Government do not seem prepared to strengthen our legislation fully on environmental protections, instead seeming to give the Secretary of State too much discretion and refusing to implement too many of the changes that we need. Lockdown highlighted more than ever the importance of nature for our nation’s health and our wellbeing, but under the Tories, wildlife has been on a downward spiral, with 44% of species in decline over the last 10 years and tree planting targets being missed by over 50%. I want to see nature protected, which is why I am also supporting new clause 25—along with others I have signed that are in the name of the Opposition Front Benchers—to ensure that we are focused not just on planting new trees, but on protecting and maintaining existing woodlands. Hounslow Council’s work on this has been inspiring, and I am proud to also be an environmental champion.

I want to speak briefly about plastics, because the pandemic has also vividly illustrated the scale of waste created by single-use and throwaway packaging. Public, political and corporate concerns over plastic pollution are strong. We have a real opportunity to reduce the volume of single-use plastics that are harming our environment, our oceans and our health.

In March 2018, the Government first confirmed that they would introduce a deposit return scheme in England for single-use drinks containers, including plastic, glass and metal. This went out for consultation in February 2019. Respondents to the consultation overwhelmingly backed a deposit return scheme, which is also very much supported by Heston Action Group, Cranford Action Group and many others across west London and in the constituency of my hon. Friend Ruth Cadbury.

The Government were going to introduce a deposit return scheme from 2023, but two months ago, a consultation document confirmed that it would not now happen until late 2024 at the earliest. There is a clear case to proceed, so can the Minister explain why they need to explore whether there is a continued appetite for a deposit return scheme in a post-covid context? This is an excuse, not a reason. We should be introducing a deposit return scheme well before late 2024. Although proposals to establish a DRS are contained in the Bill, it does not say what materials will be included within a scheme, nor the deposit price.

World Environment Day is on 5 June, just next week. We need to be engaging young people on the importance of our natural world. I recently held an environment photography competition inviting young people aged 18 and under to send in a drawing or photo that represented nature to them, so we can see the environment through the eyes of young people. The entries have shown how much young people in Feltham and Heston care about the environment and about the importance of reducing, reusing and recycling. We cannot let these young people down. It is their futures that this Bill will affect, and it is this Parliament’s responsibility to protect our environment for the generations to come. This needs a serious long-term plan and the political will to deliver it.

Photo of Ruth Edwards Ruth Edwards Conservative, Rushcliffe

Many of us will be glad to see the back of endless Zoom calls that merge into one another. One that will always remain with me was the first time that I met Des, the brown long-eared bat. It was the first time that I had seen one of these remarkable creatures close up, and he did indeed have the most spectacular ears, almost as long as his body. I was meeting Des because I am the Bat Conservation Trust’s species champion for brown long-eared bats—a species that are quite common in Rushcliffe and across Nottinghamshire, but whose numbers are in decline owing to habitat loss. Sadly, Des and his fellow bats are not alone. In the UK, there has been on average a 13% decline in species abundance since 1970, with a steeper decline seen in the past 10 years. Species extinction is a very real danger for one in 10 species here in the UK. That is why the provisions in the Bill are so important. I strongly welcome the requirement for all new developments to have a biodiversity net gain of over 10%.

New homes are important, but we must do more to protect our beautiful countryside from overdevelopment. We must exhaust our options on local brownfield sites before allowing more development on nearby countryside. Thanks to the Bill, the homes that we build must deliver, rather than detract from, biodiversity. That will be so important for species, like bats, that use existing structures for their roosts and are loyal to them. The type of homes we develop can make a huge difference to how welcome they feel.

I also welcome the requirements for local authorities to produce nature recovery strategies as part of a 500,000-hectare nature recovery network, the largest restoration project in England’s history. I am delighted to hear that the Bill will be further strengthened with a legally binding target for species abundance. This will halt the decline in nature in England by 2030. It is a world-leading measure, which will help to redress the biodiversity loss that we have seen in the past 50 years.

I am also relieved that the Bill will help to tackle biodiversity loss overseas, in particular illegal deforestation, which is the cause of half of all tropical forest deforestation. We will be the first country in the world to put due diligence requirements on large businesses that use forest-risk commodities in their products. Any such commodities must be produced in accordance with local laws. Businesses must establish a system of due diligence for each regulated commodity and report annually on it. That process rests on the principle of productive partnership with Governments around the world, building on successful programmes like the Partnership for Forests programme, but we must remain alive to the reality that local laws may be distorted and changed to suit commercial agendas. I am thinking in particular of the shameful actions we are seeing from the Brazilian Government. We must be prepared for even stronger action to protect tropical forests if this does not change.

This Environment Bill is a fantastic step forward. It provides a strong platform for our negotiations at the UN biodiversity conference and our presidency of COP26 this autumn, and I look forward to telling Des at our next meeting the good news that we have passed the Bill.

Photo of Caroline Lucas Caroline Lucas Green, Brighton, Pavilion 2:00 pm, 26th May 2021

I am pleased to speak in this vital debate. Given the short time that we have, I shall focus on new clauses 21 and 22, two wide-ranging new clauses tabled by the Government, and my amendments (a) and (b), which I plan to press to a Division.

These new clauses would give the Secretary of State the power to amend the Conservation of Habitats and Species Regulations 2017. These are critical pieces of legislation, the mainstay of conservation law. Although there is undoubtedly a strong case for aligning laws that protect habitats and species with the goal of halting the decline of nature by 2030, I am concerned that the Government proposal is for new regulations that in fact could replace the habitats regulations and risk losing vital protection for wildlife, rather than adding to them. Yet the Bill is not a replacement for the nature directives. They serve two distinct purposes. The first—the Bill—sets an overarching nature’s recovery. The second provides protection for particular species and habitats, including particular local populations and individual specimens.

In order to fully restore nature, we need both species and site-specific protection, as well as a bold overall goal. As these new clauses are currently drafted, though, they risk removing the much needed protection of species and nature-critical areas, such as great crested newts or special areas of conservation, with significant damage to particular wildlife being masked by hoped-for overall trends of improvement. We know that the scale and health of individual populations are crucial to restoring biodiversity. I am also concerned that there has been no prior consultation or engagement with stakeholders on these amendments and that neither an impact assessment nor the supplementary delegated powers memorandum has been published.

In the light of those concerns, I have tabled two small amendments to new clause 21, simply replacing “instead of” with “in addition to”, which would ensure that the existing objectives in the Conservation of Habitats and Species Regulations are not replaced, but added to. They would enable the habitats regulations to be aligned with the objectives outlined in the Environment Bill without risking the protection of specific sites, species or populations.

These amendments are not about being frozen in time. I recognise that change is necessary—I was online earlier listening to the Minister’s introductory remarks, so I heard what she said—but the new framework must be about improving environmental protection rather than creating the potential at least to weaken it. Even if this Government have no plans to weaken regulations, as I hope they do not, this is a once-in-a-generation Bill and it must be future-proofed. There is no guarantee that a future Minister in a future Government will not choose to use this opportunity to water down protections, and we need safeguards against that. These are therefore entirely reasonable amendments, which I hope very much the Government will support.

In the last bit of time that I have left, I simply want to say a few words about new clause 16, tabled by Theresa Villiers, which would make the protection of biodiversity a condition of planning permission. I am sure the Minister is aware of the threat currently faced by Knepp estate, one of the UK’s best known and most successful rewilding projects, by a development being proposed by Thakeham Homes, which would destroy local habitat and obstruct vital wildlife corridors and connections between Knepp and neighbouring areas. As this project will deliver on the objectives laid out in the Environment Bill, I would welcome confirmation that the Minister is in contact with the Secretary of State for Housing, Communities and Local Government to ensure that he is championing its cause and will intervene in this case.

It has been 25 years since the last UK-wide Environment Act was passed. In that time, the speed and scale of destruction have increased dramatically. We need a bold new Bill and we need to do more to make this Bill what we need.

Photo of Sarah Dines Sarah Dines Conservative, Derbyshire Dales

It is with great pleasure that I rise today to speak on this important Bill and on a vital issue that is central to the people of Derbyshire Dales and, indeed, of the world. This is a landmark Bill and I have been waiting for it for many years.

Environmentalism is at the heart of building back better, not just on these islands but as part of the Prime Minister’s vision for a global Britain. Tackling climate change and biodiversity loss was listed as the United Kingdom’s No.1 international priority in the recent review of defence and foreign policy. There can be no doubt that the environment is safest when it is in the hands of a sensible Conservative Government. Rather than delivering hot air, this Government are delivering conservation.

Of special interest to Derbyshire Dales is what the Government are doing in relation to tree planting and peatland restoration. These are huge issues locally and should be so internationally. It is through the nature for climate fund and also with the creation of the Nature Recovery Network that we will see better policies and better things going forward. We will also get a more connected and richer wildlife habitat.

I welcome the fact that, in a 25-year environment plan, the Government will be introducing three new schemes, which are very well thought out and planned, to reward farmers and land managers for producing public goods. Such planning is non-existent on the Opposition Benches. These schemes are most welcome and will be adapted, I am sure, to suit all of our farmers, including my upland farmers in Derbyshire Dales.

In the months since my election, I have been delighted to meet and work with organisations locally that care deeply about this—they are committed to the environment in Derbyshire Dales—such as Moors for the Future partnership, which is leading the country in this area, and the Minister knows full well about its work. This work is vital and it is the Conservative Government who are supporting it. Free of the shackles of Europe, we can focus on what we can do on our part of this precious planet.

I have visited many farmers in my constituency. They are a quiet and rugged people. They do not need to be attacked; they need to be supported. They live and work in a day-to-day partnership with nature, and this Government are doing that. I know just how much all the people of Derbyshire Dales care about the environment. I recently met with the Wirksworth Anglican church and other churches in the Wellspring group, which care passionately about the environment. Whatever people’s politics, if they care about the environment, I will work with them and get this Government to continue their good work on the environment.

With new technology and industry, under this Conservative Government we will be leading the way for not just a greener UK but a greener world. Derbyshire County Council, ably led by Councillor Barry Lewis and his newly elected Conservative colleagues, is at the forefront of plans to try to introduce a fleet of zero-emission hydrogen buses, supported by smart mobility hubs. These are huge advances being made by Conservatives working together across the whole nation. There is also the county council’s new £2 million green entrepreneurs fund, which will support small and medium-sized businesses. In terms of the emphasis on local authorities, Derbyshire Dales District Council, led by Councillor Garry Purdy and his hard-working councillor Sue Hobson as deputy, works tirelessly on environmental issues, promoting things as small as wild flowers and trees, which are hugely significant.

In conclusion, the people of Derbyshire Dales, the farmers who till this land and care for their livestock and the people who live on our moors and our uplands are in touch with the environment; they need support and help, and this Government are giving it. While they need no prompting to look after that landscape, the provisions in the Bill will make their job a lot easier. This is a Government who are actually delivering.

Photo of Bob Seely Bob Seely Conservative, Isle of Wight

I will speak briefly in favour of four amendments. First, I pay tribute to the Minister for her hard work in seeing the Bill through and the fact that, even now, she is determined to try to improve it by adding new clauses, showing diligence on her and her team’s part, which we all welcome. I especially welcome the action on sewage. We had problems in Ryde and Sandown recently with sewage coming from Southern Water, so such action is welcome on the Isle of Wight, and I congratulate Surfers Against Sewage and my right hon. Friend Philip Dunne on his great work, as well as the Minister on supporting it.

Of the four amendments I will refer to, one is tabled by my right hon. Friend Mrs Miller, one by my right hon. Friend Theresa Villiers and two by me. They are probing amendments, seeking reassurance. If the Minister thinks that the work is in the Bill, that is good enough for me, but I would like to put these ideas forward to ensure that they are.

On amendment 41, tabled by my right hon. Friend the Member for Basingstoke amendment, I find it absolutely bizarre that character is not a prerequisite for major planning applications—I am not talking about a bungalow extension or a patio but significant development. Criminal records, poor behaviour, threats to intimidate others and mass tree felling do not seem to be things that we can take into account.

We have a Mr John Cooper in the Isle of Wight who owns a caravan park in an area of outstanding natural beauty. He has recently cut down 50 oak trees to build a caravan park extension. If that planning permission comes forward, we cannot turn him down on his appalling behaviour. He has gone to ground since then, and it would be nice if he made a public statement to folk on the Isle of Wight on what he is up to. I thank Councillor Peter Spink for pointing this out. Character needs to be part of the planning process, because we know that there are some rogue developers. I know that this is about planning, but importantly, as I am sure the Minister would agree, it is also about environmental protection. The more layers and safeguards that we can put in to protect landscape, the better.

I will not go into new clause 16, tabled by my right hon. Friend the Member for Chipping Barnet, because I know that she will speak to it soon very eloquently. In the remaining minute and a half, I would like to speak to my two amendments. New clause 27 would require tree preservation orders for all mature trees and protected landscapes. It is a no-brainer, unless the Minister says, “Actually, Bob, I think we’ve got this covered. We accept the argument, but our proposals go further,” and I will take that on trust.

New clause 26 is on SSSIs, which are very important. I have an SSSI on the Isle of Wight that is about to be concreted over because of a loophole in planning and environmental law. I have written to Ministers about this, and I am afraid to say that the responses have been a little perfunctory, to put it mildly. There is clearly a problem here, because there is a time limit under the Town and Country Planning Act 1990 which means that if someone has a caravan or temporary home on a SSSI and it is not taken away within a certain timeframe, they can effectively develop that SSSI. They may not be able to stick permanent homes on it, but they can stick 200 caravans on it and concrete over the entire SSSI. How on earth can that be right? I know the Minister is concerned about the environment, so if she thinks that is covered in the Bill, I take it on trust, but if not will she please take forward this new clause and incorporate it either here or in the other place? This is absolutely a useful provision that closes an important loophole where SSSIs are damaged recklessly by people who deliberately game the system. I thank her for listening.

Photo of Claire Hanna Claire Hanna Social Democratic and Labour Party, Belfast South 2:15 pm, 26th May 2021

I am grateful for this opportunity to speak on clauses relating to nature, biodiversity and conservation in this important Bill. Although some of them relate to devolved matters, as with most of the big challenges of this century the environment and nature do not respect borders and it is important that strong legislation is in place across these islands to reverse the decline of nature and protect native species and biodiversity.

The Social Democratic and Labour party has just undertaken a big consultation ahead of private Members’ legislation on biodiversity loss in Northern Ireland. We found significant support for stronger legislation to protect nature, including the need for short-term and long-term targets, cross-departmental responsibility and a co-ordinated response and approach across Britain and Northern Ireland.

The UK is one of the most nature-depleted countries in the world, in particular Northern Ireland, with more than 11% of indigenous species at risk of extinction. This is the price being paid for a fairly obsessive approach to economic growth and expansion at all costs. To date, the UK and others have continuously and consistently missed targets in relation to biodiversity recovery, including any of the 20 Aichi targets agreed in 2010. Although this is by no means a failure of the UK Government alone, as one of the largest economies and a major contributor, directly and indirectly, through activities across the world, the UK must take seriously its leadership role, particularly in this year when it hosts the G7 and COP26. I welcome the commitment to conservation strategies in the Bill and believe that they can be strengthened by amendment 45, which seeks to avoid a repeat of the IT failures and to ensure that those targets are meaningful and met.

We are experiencing the impact of the decline and destruction of nature in the wellbeing of people around the world, from the destruction of the habitats of indigenous people and the emergence of climate refugees to, of course, the spread of disease. We are well beyond crisis point, and if that was not clear before the pandemic surely that has educated us all about the stark links between the destruction of nature and our lives. An intergovernmental report has warned that we are in the era of pandemics unless the destruction of the natural world is halted. Again, that has happened not by chance but through an obsessive pursuit of growth.

Among the most important provisions in this Bill are those that can force UK companies to look at their supply chains and ensure they are not supporting illegal deforestation in other countries. I particularly welcome amendments 26, 27, 36 and 37, which I have signed, which would strengthen and enforce provision against illegal deforestation. The UK is one of the biggest sources of finance linked to companies involved in deforestation and we cannot hide any longer behind the lack of transnational governance or the lack of enforcement or binding regulations in countries of operation; we cannot look the other way from activities done overseas to the economic benefit of companies here or to underpin consumption habits here. It is positive that global brands have urged the strengthening of that law, but it is important that the Government ensure that supply chains are transformed.

This is a very important Bill offering a big opportunity to strengthen legislation, but it needs to be improved by many of the amendments that have been tabled, including those I have mentioned.

Photo of Cherilyn Mackrory Cherilyn Mackrory Conservative, Truro and Falmouth

It is a pleasure to be called to speak in this debate. This place is admired for its rigorous scrutiny—the new clauses and amendments proposed by Members from across the House are no exception—and I believe the Government are genuinely listening to concerns. Further amendments have been made to the Bill since I served in the Public Bill Committee last year.

The changes being debated today are important to the residents of Truro and Falmouth, because Cornwall is on the frontline of the UK’s battle against climate change. With respect, I disagree with the shadow Minister, because in my opinion this is a landmark Bill. It is not the end of the story or even the beginning of it, but it is a landmark moment. It puts in place a world-leading framework for environmental improvement and governance, including legally binding targets and environmental improvement plans; an independent green watchdog which will help Parliament and more importantly, my constituents to hold the Government to account on their commitments; and measures to reverse the decline in nature at home and overseas and to tackle waste. Ministers know that this is part of an ongoing process and that we Back Benchers will continue to press further, harder and at pace.

On water quality, the extensive work and lobbying by my right hon. Friend Philip Dunne, Chair of the Environmental Audit Committee, have resulted in the Government’s commitment to publishing a plan by 2022 to reduce sewage discharges and to report to Parliament on progress, and to place a legal duty on water companies to publish data on storm overflow operations on an annual basis. The Bill also requires the Government to set a legally binding target for water quality. That will be particularly welcomed by Surfers Against Sewage, which is based in St Agnes in my constituency and campaigns tirelessly on this issue. I continue to press Government on its behalf and on behalf of everyone who, like me, regularly swims outdoors.

I praise the Government on new clause 21, which Ministers set out previously. It amends the Bill to set additional legally binding targets for species abundance for 2030 to halt the decline of nature. That could be the “net zero” for nature, finally addressing the biodiversity decline, and I am pleased that that target will go alongside other legally binding targets for waste, water quality and air quality.

I have concerns about how compatible this is with the forthcoming planning White Paper, and I wish to give an example of what can be achieved if the will is there. On the A30 between Chiverton and Carland Cross, in the midst of my constituency, Costain is delivering an 8.7-mile dual carriageway for Highways England. Journeys on this part of the road are regularly delayed and congestion often brings the traffic to a standstill, especially in peak holiday time, and as a result the Cornish economy is being held back. Following a recent visit to the project and a meeting with the team, it is evident to me that they are committed to protecting nature’s net gain. Biodiversity and conservation improvements are at the heart of the scheme. The project has a 10% biodiversity net gain target and is predicted to smash it. Developers take note: this is possible. Costain and its environment manager, Ali Thomas, are deeply committed to and passionate about protecting the environment. The landscape and ecological design proposals they have developed include planting nectar-rich wild flowers indigenous to Cornwall; tree and hedge planting, which will replace loss; crossings for otters, bats, badgers and other animals that will be built along the road; and a variety of foraging, nesting and roosting opportunities for other species. Other innovative measures are happening, but I do not have time to go into that this afternoon.

To conclude, with the G7 in Cornwall next month and COP26 in Glasgow later this year, we hope that this Environment Bill, which is a truly groundbreaking piece of legislation, will signal to the rest of the world that this Government and this country are serious about protecting our environment for the long term.

Photo of Liz Twist Liz Twist Opposition Whip (Commons)

The UK is one of the most nature-depleted countries in the world. The World Wide Fund for Nature’s “Living Planet Report 2020” showed an average 68% decline in mammals, birds, amphibians, reptiles and fish since 1970. That is heart- breaking. We are in a climate and ecological emergency, but, as we all know, with this Bill we have a real opportunity to change course. We could still restore biodiversity, increase wildlife numbers and protect nature. Sadly, the Labour amendments proposed in Committee were rejected and defeated by the Government. Those amendments concerned protecting and enhancing the powers of the OEP, World Health Organisation air pollution limits and comprehensive action on waste and recycling. The draft Bill was a missed opportunity. It has since been improved in some ways, but as colleagues and many environmental non-governmental organisations have highlighted, we have much further to go. The Government need to stop resisting concrete protections set down and start putting their money where their mouth is and protecting our environment.

Like other Members, I want to talk about deforestation. We need to remove deforestation and conversion from UK supply chains, and increase due diligence obligations. There are elements of due diligence in the Bill, but, according to the World Wildlife Fund, they do not go far enough to protect the world’s forests and other natural ecosystems, nor do they meet the UK’s goals on climate and nature. That is why I support amendments 26, 27, 36, 37 and 38, which would ensure that these due diligence measures covered deforestation and financial institutions, as well as being subject to a more progressive review requirement.

The Bill as it stands does not address the financing behind deforestation. Global Witness’s research points to evidence that suggests that financial institutions are failing to act on deforestation risks and will not be required to do so until bound by law; it is time that we did that. It is crucial that free, prior and informed consent is obtained from indigenous peoples and local communities, and that relevant local laws are complied with. It is also crucial that decisions affecting the natural environment, such as planning decisions, are informed by local nature recovery strategies.

On biodiversity, Labour is drawing a clear line through amendment 22, which would require habitats secured under biodiversity gain to be maintained in perpetuity, rather than the current 30 years specified in the Bill. It would also ensure that the habitat secured under biodiversity gain is secured “in its target condition”.

On trees, new clause 25 has my full support, as the Blaydon constituency has breathtaking woodlands and forests. The Government should publish a proper tree strategy for England. The current plan sets targets for tree planting, but has little else on protecting, maintaining and restoring existing woodlands. We need a full strategy that holds the Government to account and sets targets for such areas.

Amendment 46 would ensure that species conservation strategies contribute to nature recovery, and that the measures within them contribute to the enhancement of the conservation of species they concern. This could, for instance, ensure that effective strategies are put in place to restore the populations of bees and other pollinator species, and protect them from pesticide use.

On local government, the Bill’s aspirations could be undermined by the planning White Paper. Local authorities must be funded properly if they are to make the most of biodiversity gain in planning applications.

Photo of Virginia Crosbie Virginia Crosbie Conservative, Ynys Môn

It was an honour to serve on the Environment Bill Committee, as it is to speak today on Report. My thanks go to the Minister and all who have worked so hard on this landmark Bill.

The biodiversity amendments are particularly important to my constituency of Ynys Môn, with its incredible biodiversity supporting common and rarer species. The rare lesser-spotted yellow rock rose—the county flower of Ynys Môn—grows near my home, and at a visit to the National Trust Plas Newydd last week, I was lucky to see native red squirrels. Anglesey Sea Zoo offers an introduction to the secrets of the local marine world. When I joined a North Wales Wildlife Trust beach clean this month, I was horrified to find hundreds of plastic cotton bud shafts, tiny plastic nurdles, foreign plastic containers and bottles old enough to be labelled in shillings.

Last week, one of my young constituents, Wilfy, took me on a walk past Llyn Penrhyn to Ysgol y Tywyn as part of National Walk to School Week. He and his friends in Mrs Griffiths’s class spoke of their concerns about the impact of non-biodegradable waste on their natural environment. We all do our bit for the island. Next Tuesday, I am running my own beach clean as part of Spring Clean Cymru. Gerald Thomas and other farmers plant and maintain native species hedgerows, and sick and injured hedgehogs are restored to health by Sue Timperley at Hedgehuggles. Sue will be delighted to hear the Minister’s news on hedgehogs today.

We cannot achieve the biodiversity targets proposed in the Bill without global action. Non-biodegradable waste is a global problem, and it affects the symbiotic relationship of our natural environment. Both the UK and Welsh Governments have already banned the supply of some non-reusable plastics. Part 6 of the Bill covers England only, but I urge the Welsh Government to enact similar legislation on biodiversity targets as soon as possible.

This year, the UK holds the presidencies of both the G7 in Cornwall and COP26 in Glasgow, and I hope we will use this Conservative Government’s landmark Bill to lead the way on global action to make long-term improvements for habitats and biodiversity worldwide. If we achieve nothing else, let us give Wilfy and his class- mates on Anglesey a natural environment that improves as they get older, not one that continues to decline.

Photo of Tan Dhesi Tan Dhesi Shadow Minister (Transport) 2:30 pm, 26th May 2021

Every aspect of this Environment Bill will have an impact not only now, but for decades if not centuries, so I am pleased to see it return to the House because we cannot afford to wait. Inaction risks the lives of our children, grandchildren and future generations, and legislation on targets, plans and policies is essential to turn the tide. Yet, sadly, this Conservative Government have not shown the ambition needed, while pushing back responsibilities on legally binding targets for two decades and failing to put in place concrete protections for the environment from trade agreements. Given their current record for making promises and not delivering, forgive me if I am not surprised.

Sadly, my Slough constituents know the impact of the environment on their lives acutely. Slough has the second highest death rate from the deadly air pollutant PM2.5. While excellent work is being done at local level by Slough Borough Council, with its low emission strategy and air quality action plan, if nothing further is done at a macro level by Government, we will continue to breathe these dangerous levels of pollution. So can the Minister outline why the Tories voted down the Labour party’s attempts to write World Health Organisation air pollution limits into this Bill?

It seems as though Government rhetoric far outweighs action when it comes to the environment. This is epitomised by the England trees action plan, with targets being missed, staggeringly, by over 50%. This has a real impact because, being a densely populated urban area, Slough has the lowest level of tree canopy in Berkshire and is below the national minimum target of 20% tree cover. While the Labour council with its limited resources is planting 9,000 trees locally, again, more must be done nationally by providing adequate funding, direction and resources to local authorities. As the WWF rightly notes, this Bill does

“not go far enough to protect the world’s forests and other critical natural ecosystems.”

How can the Minister and the Government allow this to continue?

Sadly, this trend extends to biodiversity and species conservation, with very real consequences for my constituency and our planet. Another local project I recently visited, the Wildfowl and Wetlands Trust, has seen this in Slough’s Salt Hill stream:

“Fish were dying. It was clogged up with old car tyres, carrier bags and household waste. Water quality had deteriorated and its future looked bleak.”

However, its incredible work with the community has meant improved water quality, new homes for wildlife, and engagement and education for local people, but it should never have got to this point. Why are the Government so slow to act to stop the ecological devastation brought about by the continual discharge of untreated sewage, plastics and other effluents into our rivers and oceans?

Nationally, over the past 10 years, wildlife in Britain has seen a 44% decline in species, with some charities calling it a “lost decade for nature”. Again, targets have been woefully missed. The Government conceded last year that they have failed on two thirds of targets agreed at the convention on biological diversity in 2010, but analysis by the Royal Society for the Protection of Birds later showed that on six of those targets the UK has actually gone backwards. We must set ourselves ambitious targets and ensure accountability so that they are achieved. This is not the time for complacency, and we should be under no illusion: warm words will not tackle the pressing environmental and climate crises that we are facing as a society.

Photo of Maria Miller Maria Miller Conservative, Basingstoke

I rise to speak to amendment 41. It is a probing amendment, which aims to strengthen this important Bill further by including a provision to enable local planning authorities to take unlawful tree felling and a lack of compliance with restocking orders into account when considering planning applications. I thank my former researcher, Annabel Jones, for her work in making the case for change that I am presenting today.

I very much welcome the work that my hon. Friend the Minister has done to make sure that the Bill is the groundbreaking measure that is before us today. I also give my wholehearted support to new clauses 26 and 27, which my hon. Friend Bob Seely tabled. He spoke eloquently about the need for that change.

I want to focus my remarks on the provisions about tree protection. The Government should be applauded for the trees action plan and the measures in the Bill, which have significantly strengthened protection for one of our vital pieces of green infrastructure. I particularly welcome schedule 15, which directly addresses some of the problems that my residents experienced when a group of landowners illegally felled more than 600 trees, causing environmental devastation in what was an environmental buffer zone. With the Government’s support, the Forestry Commission used its enforcement powers to issue restocking orders, but the landowners did not comply with much of that. Under the Government’s new proposals, enforcement would be much tougher and that is welcome. However, I look forward to the Minister’s response to my amendment to see if we could strengthen it further.

The problem is not unique to Basingstoke. The illegal felling of trees is on the increase and a common motive is taking advantage of the housing development value of the land. In recent years, there have been countless flagrant breaches of felling regulations. My hon. Friend the Member for Isle of Wight mentioned a case in his constituency, but there are other cases—in the New Forest, Swansea, Horley and Langley—where trees have been unlawfully felled and in some cases not replanted, even after enforcement action from the courts.

Landowners flout the law because they think can get away with it. Schedule 15 roundly deals with cynical actions by landowners by allowing the courts to reissue planning notices, but amendment 41 is designed to create even more of a disincentive for landowners to flout the law by amending the Town and Country Planning Act to allow local planning authorities to take into account unlawful tree felling and a lack of compliance when considering planning applications. I hope that the Minister can consider that today because I and many of my constituents feel that it is inherently wrong for landowners to profit financially from their unlawful deforestation of land. I hope that this probing amendment will capture her attention and I am keen to hear her response.

Photo of Jim Shannon Jim Shannon Shadow DUP Spokesperson (Human Rights), Shadow DUP Spokesperson (Health)

It is a pleasure to follow Mrs Miller and I endorse her comments about amendment 41 and tree felling. I totally support what she hopes to achieve with her probing amendment. In an intervention on the Minister, I asked a similar question and the Minister kindly gave a commitment, so perhaps the right hon. Lady and others will be encouraged by the Minister’s response.

Claire Hanna talked about the importance of trees, not only here but across the world and mentioned amendments 26, 27, 36 and 37, which refer to deforestation around the world, and the importance of playing our part in tackling it. I also endorse that.

I want to speak about parts 6 and 7 of the Bill on tree planting. They tackle a particular issue of many trees being felled and the land built over without proper licensing or adhering to permissions. Amendment 41 provides for local planning authorities to take unlawful tree felling and landowners’ lack of compliance with restocking and enforcement orders into account when considering planning applications. The right hon. Member for Basingstoke referred to the removal of 600 trees, some of them important trees. I would like to know and have on record whether the Minister believes that the Bill addresses that issue robustly.

Trees are our lungs, so it is imperative that, any time a tree is felled, it is thought out and the consequences considered, and that steps are taken to replant the trees that have been chopped down. On the family farm we have been able to plant some 3,500 saplings, which is a commitment we have given, and they have grown into trees. It is a beautiful spot on the farm but, importantly, it has also helped our environment by reducing CO2 and creating wonderful habitats for local wildlife.

I believe that more can be done to encourage landowners to plant trees. The Minister in the Department of Agriculture, Environment and Rural Affairs has committed himself and his Department to plant 1 million trees on Northern Ireland Water land.

I commend the recent publication of the “England Trees Action Plan”, which contains some important initiatives. It is believed that the Government could do more tree-themed activity on a statutory footing, to fill in the gaps left by the ETAP on protection, restoration and regeneration.

I fully support the comments made by Bill Wiggin about the value and importance to the rural countryside of game shooting and the jobs and tourism it creates.

I understand the rationale behind the strategy for conservation, but it does not include help for tree planting. I believe the Minister is committed to tree planting, but perhaps she will comment on that in the wind up.

I endorse the shadow Minister’s comments on the importance of bees to creating the correct balance of habitats in the countryside, and the importance of ensuring the Minister takes that on board. I also endorse and commend the Government, and the Minister in particular, for their commitment to the preservation of hedgehogs. I read in a magazine the other day that badgers are one of the greatest predators of hedgehogs, so perhaps we can protect the hedgehogs by controlling the badgers.

Photo of Theresa Villiers Theresa Villiers Conservative, Chipping Barnet

As I have said before in this Chamber, there can be few things more important for any Member of Parliament than being able to say, “We played our part in protecting our natural environment for future generations.” This Bill contains one of the most ambitious programmes to conserve and enhance nature ever undertaken in this country. That includes, as we have heard today: setting a demanding 2030 target for species conservation and biodiversity; delivering a nature recovery network and local strategies for nature; creating a whole new income stream for conservation through biodiversity net gain; committing land to nature for the long term using conservation covenants; and cracking down on the use of commodities produced via illegal deforestation.

The Bill is just one element of an even wider conservation package being taken forward by this Conservative Government, including replacing the common agricultural policy with environmental land management schemes, a massive uplift in tree planting and an action plan to protect our peatlands. Peatland areas are an iconic part of our landscape in these islands, and they are our largest terrestrial carbon store, they are a haven for rare wildlife and they provide a crucial record of our past. I warmly welcome the Government’s promise that they will take action to reverse the loss of peatland habitats and restore more of these landscapes to their natural state. I very much hope that will include delivery of the great north bog project.

New clause 16 would require planning permission to be refused if it would have a detrimental impact on nature conservation. I am afraid that much of the good work done under this Bill could be undone if radical changes to the planning system mean that we concrete over our green and pleasant land. Implementing the “Planning for the Future” White Paper would mean a massive centralisation of power through setting development management policies nationally rather than locally. Compliance with design codes could become sufficient to override long-standing principles restricting density, massing and bulk, and local democratic input would be removed altogether in zones designated for growth.

Photo of Bob Seely Bob Seely Conservative, Isle of Wight

I am so grateful to my right hon. Friend for making that point. It concerns us that there is potentially a dichotomy between these fantastically good ideas on the environment and the fact that we may undermine ourselves by having the wrong culture behind the new planning Bill.

Photo of Theresa Villiers Theresa Villiers Conservative, Chipping Barnet

My hon. Friend makes a valid point. This is a great Bill and we do not want it undermined by the planning Bill that is to come. My constituency of Chipping Barnet already feels under siege from inappropriate, high-density development, even before these radical planning reforms come into force. If the Government are truly committed to the environmental aspirations of the legislation before us this afternoon, they must think again about their planning Bill, and I urge them to do that.

Photo of Fleur Anderson Fleur Anderson Shadow Minister (Cabinet Office) 2:45 pm, 26th May 2021

Hon. Members will be pleased to know that the children of Our Lady of Victories Primary School in Putney have been writing to me about the issue under debate this afternoon. Thirty members of year 6 wrote to me with lovely pictures all about the environment, and most of them said that the most important issue to them was the environment and tackling climate change, so I know the eyes of those children and children across the country are on us this afternoon as we debate this.

I was on the Environment Bill Committee last November. We spent a long time discussing it line by line, with many, many amendments, and this is the third time that I have debated the Bill in the Chamber. I am very glad that it is back. It is not missing in action—it is here today—but I am disappointed because it could have gone further. Despite all our work poring over the Bill and all the evidence submitted by civil society groups, we see a Bill before us that will still fail to tackle the climate and ecological emergency. I am worried that it is just warm words without the back-up of a really strong Office for Environmental Protection, whose remit and powers have been watered down since the Bill was last before the House.

I will focus today particularly on trees. It is welcome that the Government have announced, in the past week, the England trees action plan, but we now need strong wording and a much more ambitious plan in this legislation that will drive the action that is needed across Government, the economy and society. In Putney, Roehampton and Southfields, we love our trees and our green spaces and we know that, across the country, trees are essential for climate reduction, meeting that net zero target, biodiversity and our mental health. However, the UK has one of the lowest areas of tree coverage of any country in Europe. At current rates of planting, it will reach its own target only by 2091, as was pointed out earlier by the shadow Secretary of State, my hon. Friend Luke Pollard. That is 40 years off the target of 2050 and it is an example of where we can have a lot of warm words and keep talking things up, but if we do not have enforceable action by the Office for Environmental Protection, as there should be, we will be coming back here in one year, in five years or in 10 years’ time and we will not see the amount of tree planting that we need.

The action plan was originally promised as a 30-year vision for England’s trees and woods, but it has been published as a shortlist of commitments, with three years of funding. Long-term funding is needed for any real environmental action. Clear timescales are needed to ensure that objectives are met, and clarity on that funding beyond 2024 will be absolutely necessary to give the sector long-term security. I welcome the provision for consultation with local people about tree felling that will happen in their roads, and I think that will give people the power they need to stick up for their local trees, which will be very good. However, Ministry of Defence land should have been included in the Bill. We have power over so much of our swathes of land in this country and the armed forces have environmental targets and actions, so they would be able to put such provision into place. Why is MOD land not included, because we could have lots of tree planting? I share the concerns that other Members have expressed today that this Bill will be undermined by the planning Bill.

Despite the progress over the last week, there is an urgent need for a medium to long-term strategy with clear targets to ensure that we protect, restore and expand our woodlands and trees. New clause 25 sets out what targets these should consist of and I hope it will be supported by the House. It will go some way towards rescuing the Bill, as will the other amendments that I will be supporting today, along with my Labour colleagues, and I urge colleagues to support them to improve the Bill.

Photo of Chris Grayling Chris Grayling Conservative, Epsom and Ewell

It is a pleasure to follow Fleur Anderson. I have sympathy with a lot of what she says about trees, but it is really important for the House to remember that it is also a matter of restoring marine conservation areas and wetlands. Many alternative habitats offer better ways of capturing carbon than simply planting new trees, so we must focus on the full range of habitats and not just on one aspect, however important trees are—and I will be talking later, if I catch your eye, Madam Deputy Speaker, about deforestation.

For this section of the debate, I want to talk about why I tabled new clause 4. I welcome the Minister’s comments and I welcome the announcements from the past week. What the Secretary of State said last week is enormously important if we are to start to reverse the decline of species in this country. It is tragic: back in the 1950s, there were something like 30 million hedgehogs in this country. Now, there are estimated to be 1.5 million. That is a catastrophic loss. When I was a child, hedgehogs were around in the garden all the time. I have never, as an adult, seen a hedgehog in my garden or anywhere near it. This is a tragic loss and one we have to work to reverse.

There is a whole range of reasons why that has happened, including habitat loss and the loss of wildlife corridors. It is enormously important, in looking at planning policies, that we focus on how we ensure we maintain wildlife corridors. It is also about the protections available. As the Minister knows, I have had a lively debate with the Department over the weeks. I welcome the approach she has taken. I understand the shortcomings in the existing law, but the reality is that it is nonsense that the hedgehog, which has had a 95% decline in its numbers, is not protected, whereas species that are much less in danger and whose numbers are recovering are protected.

The existing law protects primarily against malicious action by human beings, but of course not all species that are endangered have faced malicious action from human beings. A hedgehog does not face that, particularly, but some other animals on the list, such as the lagoon sandworm, valuable though it may be, is not in my view facing direct malicious action from human beings either. It faces threats to its habitat, and so do hedgehogs. We have a situation today whereby if a developer is going to clear a bit of land for development, he or she has to do exhaustive work to establish if newts are present. Much as we love the great crested newt, which is a fine species, it is not actually endangered in this country. We have laws about it in this country because it is endangered elsewhere in the European Union—happily not in the United Kingdom—but there is no obligation to see if other species such as the hedgehog are present. Developers can just bulldoze a hedgerow without checking if there are hedgehogs asleep in it.

I would like to see a holistic approach to any new development, where it is necessary to do a broader assessment of the presence of species and take action accordingly to protect them, and not have a focus on one individual animal as opposed to another. We have too many species that have declined in numbers. We should be protecting them all. Of course, we will need to develop in the future to ensure we have homes available for people in this country, but that needs to be done in a careful way: protecting wildlife corridors, protecting numbers, and ensuring that the steps we take maximise the potential to retain, restore or develop habitats of our species.

I welcome very much what the Minister has said today about hedgehogs. I think everyone in this House will welcome any measures we can take to protect them. I pay particular tribute to the former MP for Plymouth, Sutton and Devonport, Oliver Colvile, who was the first champion of hedgehogs in this House. I hope we will all be hedgehog champions going forward. We shall be holding the Minister’s feet to the fire to make sure her Department delivers.

Photo of Siobhan Baillie Siobhan Baillie Conservative, Stroud

I can boldly say that Stroud is not only the best place to live according to a national newspaper, but it is the most environmentally focused constituency in the country. The letters I receive from young people are frequently about the environment. Importantly, while politics and the news are often focused on carbon targets, children lobby me about biodiversity and species. They are smart and we must listen to them. I look at my own baby daughter’s enthusiasm for small creatures and nature, and I wonder what will be left by the time she is growing up.

Nature is in decline; this is an issue globally. Despite the protections being put in place in the Bill, there is a stark decline in the UK too, as my right hon. Friend Chris Grayling set out in relation to hedgehogs. I campaigned with colleagues in the Conservative Environment Network to set a target in the Bill to halt species decline, as it matters to my constituents and my family. The Secretary of State listened, and the Bill will now include a legally binding target for species abundance by 2013. This is a genuinely world-leading measure that shows real commitment to our future generations, as it puts nature firmly as a priority across Government. It could be the net zero equivalent for nature, and we need that. As I know from knocking on thousands of doors over the years that even in places such as Gloucestershire there is still a lot to do to get people to understand what is needed to help the environment. Families are busy and stretched, and sometimes do not think there is anything they can do to make change in their daily lives. I therefore applaud the fact that in such a wide-reaching Bill there is a determination to include a local effort.

In Gloucestershire our Local Nature Partnership is already well advanced. I give credit to the board led by Doug and Matt. The LNP has developed a national exemplar approach to nature capital mapping, which will enable us locally to measure performance in future and identify opportunities for environmental investment locally. We have discovered that Stroud has a tree coverage of 11% and we want to get to a target of 20%. This is all alongside an LNP commitment to create scale-led woodland and to extensive tree planting to sequester carbon while providing many other benefits for wildlife and our wellbeing. I also give credit to groups such as Transition Stroud and our fantastic climate action nature groups throughout the district. I have spoken to the Minister before about these community groups, who are dedicated to action on climate change. These local teams will soon have legislation that is as ambitious for the planet as they are.

I cannot be on my feet without talking about my expert conservation friends at Slimbridge Wildfowl and Wetlands Trust. I am supporting them in their proposals to create 100,000 hectares of wetland to address the climate, nature and wellbeing crisis. A blue recovery would achieve habitat creation to assist the Government’s goals in this Bill and also in the 25-year environment plan. Of course, 2020 was a tough year, but in the WWT we still saw some species bred for the first time on-site, including kingfishers and a number of butterflies such as the brown hairstreak. WWT received £1.6 million from the Government’s green recovery challenge fund to help safeguard the south-west Somerset coast against the effects of climate change, and we are restoring 130 hectares of habitat for wildlife. I should also mention that the skilled Gloucestershire Wildlife Trust received £250,000 to rebuild landscapes for nature’s recovery in our beautiful county.

I am concerned that we need more information to set out how our biodiversity targets are being met. We need to make sure that farms are being supported to help their work on their land. I also share colleagues’ concerns about the planning issues and whether that will undermine efforts. However, I thank the Minister and the Government for this Bill. I do think it is positive and I encourage everybody to get behind this work.

Photo of Kenny MacAskill Kenny MacAskill Alba, East Lothian

Obviously my hon. Friend Neale Hanvey will be supporting this Bill. It does not go as far or as fast as perhaps we would all wish, but it is what is before us, and given the scale, nature and urgency of the crisis we are facing, it deserves our support.

Even though this Bill is primarily English and Welsh, we will be supporting it, and there are two good reasons for that. First, it is a global issue that this Bill and indeed other aspects of policy are seeking to address. Climate change and the actions that are damaging our biodiversity everywhere across the planet transcend all national borders and all national boundaries. It may be tragic and sadly ironic that many who have contributed the least will suffer the worst, but the fact is that all of us will be harmed and all of us are required to act. Secondly, there are issues that Scotland can learn from. Although a legislative consent motion has been given by the Scottish Government to move on some matters, there are issues that the Scottish Government themselves could do with picking up on, and I will refer to those if I have time.

We support the amendments, particularly amendments 26, 27, 36 and 37, because we have to seek to expose those who are taking actions to fund and fuel this crisis, especially those who are based domestically. We are a global village. What we do in this country does affect other places. Our carbon footprint is reducing, although we have to do much, much more. We can never forget that it was in this country that industrialisation took off and that it contributed greatly to the problems we face today. That is why there is a great deal of legitimacy in the calls from the undeveloped or developing world for this country and other developed nations to go further and faster, rather than simply looking at them.

I listened to Neil Parish speaking about his amendments, which I support. He rightly narrated the dangers and challenges in Brazil, with the effects of deforestation in the Amazon basin. We need to act, because the points he made were quite correct. This is not simply about rogue ranchers in the Amazon rainforest; nor is it simply about failures of action or complicit actions by leaders such as Bolsonaro; nor, even more whimsically, is it due to the love of young people—or indeed all people—in this country and the USA for cheap burgers. It is a structural problem. It is about funding and finance for those who carry it out. It is not being done by indigenous people in the Amazon rainforest, nor is it being done by individuals in isolation. It is not random, isolated or individual in the main; it is planned, co-ordinated and funded, and we in this country are complicit in that. That is why we need to act. We need to make sure that we have the legislative powers not simply to monitor and scrutinise, but, more important, to take action against this. Only in that way will we address the issues the hon. Member correctly raised. This is about us playing our part here to support theirs there.

Scotland equally has lessons to learn. Although the rhetoric has been good, and I fully support it, and although targets have been set, and they are to be welcomed, we must have constructive action too. Reference has been made to other parts of the UK, beyond England and Wales, planting more trees. That is correct, but equally it should not simply be a cash crop for wealthy landowners, as it was decades ago—a way for people to reduce their supertax or higher rates liability. We have to take action to ensure that we have not only targets, but the powers to make them enforceable. As well as protecting the “third” and developing world, as have to take powers here in Scotland to make sure that we play our part.

Photo of Flick Drummond Flick Drummond Conservative, Meon Valley

I know the Bill is welcomed by many people in Meon Valley. It will help to secure the health of our environment and biodiversity. I am in touch with local organisations such as Hampshire CPRE and Winchester Action on Climate Change, as well as our farmers, local councils and community groups, who have all sent in their views to me as the Bill has evolved. There is support for our work across society. It is an important part of levelling up that contributes to the future of us all. The action on peatlands taken under the Bill will protect about 10% of our land area and is very welcome, as is our commitment to tree planting.

In Meon Valley, the health of our chalk down land is of primary importance to agriculture and the environment. While we are encouraging farmers to plant more trees and hedges, it is important—especially for small farmers—that we support the productivity and health of pasture land through soil improvement and restoration. The Bill sets the framework for the development and introduction of targets, and I am pleased to see the environmental improvement plan mentions soil health and makes a commitment to achieve sustainable soil management by 2030. As I mentioned in a previous debate, 80% of our soil is dead, so I am particularly interested in how we can promote soil health, which is vital to farm productivity and nature recovery generally. We have cut right back on pollutants we put into the ground, but there remains more we can do to promote healthy soil.

We must ensure that there is a plan for all five of the identified soil types to promote better health and recovery. Pasture land is a key component of this and is vital to farmers across Meon Valley, with many finding that soil can be regenerated through improved carbon capture, water infiltration, soil fertility and nutrient cycling. They see an increase in biodiversity, and we need to support them. In addition, healthier pasture lands lead to lower fertiliser and pesticide use, which can in turn benefit the health of our rivers.

I welcome the clauses on water abstraction from rivers. I have two chalk stream rivers in my constituency: the River Meon and the start of the River Itchen. Chalk streams across the country are already in a shocking state of health. The WWF report says that only 12 out of England’s 224 chalk streams are protected, and of those, only 15% are classed as adequately protected and meeting conservation objectives. I am pleased that both rivers in my constituency are among the few protected, but better management of pasture land will reduce the need for pesticides and fertilisers that run off to pollute rivers. Through working alongside farmers and ensuring pasture land and soil health are valued alongside woodland and peatland, we can improve the health of our rivers and our environment. There is a lot to welcome in this Bill, and I know that it is just the start to making our environment better for everyone.

Photo of Mary Foy Mary Foy Labour, City of Durham

My constituency is home to beautiful countryside and woodlands, with picturesque walks that even Downing Street advisers and Select Committee witnesses have been known to enjoy. The bluebells in Houghall woods are particularly beautiful in April.

Whether it is water quality, habitat conservation or air quality, I receive hundreds of emails from constituents on environmental issues. In Durham, we are proud of the natural beauty of our county. We want to protect and cherish it. Out of all the emails I have received on the Environment Bill, every single one without fail argues that it simply does not go far enough. So far, this Bill is largely full of half-measures and token gestures. Like me, my constituents cannot understand why the Government opposed our amendments on improving air quality and limiting the use of bee-killing pesticides when the Bill was last debated. No doubt we will be similarly frustrated if the Government vote down our common-sense amendments today.

The Government need to face the reality of our current situation. We are in a climate and ecological emergency, the effects of which are already being seen in the UK and across the world. We need firm and decisive action. Whether it is the social and economic recovery from the covid-19 pandemic or agricultural regulations, every decision the Government make should consider the environmental impact and how we can best restore this planet.

It is widely accepted that, when it comes to tackling the climate emergency, we cannot go far enough or fast enough, yet everything the Government do lacks the seriousness and urgency that the situation demands. The WWF has said that

“the Bill does not achieve what has been promised: gold standard legislation, showing global leadership”.

Of course, we need an environmental Bill, but we need one that has teeth.

There is nothing in the Bill to ban fracking. The world’s oceans are being disregarded while environmental protections under the European Union framework have been replaced with flexible targets that could weaken the environmental standards we have been so proud of for so long. It is becoming increasingly clear that the Government are avoiding committing to iron-clad environmental protections in case they need to sell out British standards in future trade deals.

To finish, I cannot help but agree with my constituents’ belief that the Bill remains a missed opportunity. As the newest supporter of the climate and ecological emergency Bill, I urge the Government to introduce legislation that treats the climate emergency with the gravity it requires and to launch a green industrial revolution that places the environment at the heart of our economy and society.

Photo of Anna McMorrin Anna McMorrin Shadow Minister (Justice)

The climate and ecological crises are the gravest threats we face, and no one, in no part of their lives or those of their children, is immune from the challenges we face due to climate. Despite being decades in the making, we no longer have decades to solve or tackle the challenges ahead of us.

The 2020s must be the decade for decisive and bold action. For the UK to be a global climate leader, the steps we take here at home must align with climate commitments overseas and vice versa. We must work collaboratively with our international partners and support developing nations. There must be mutual reinforcing and climate must be a thread that weaves through all parts of government. If done correctly, this can act as a catalyst for real advancement in health, wellbeing, security and prosperity at home and overseas. It can both free us and equip us with the tools we need now and in the future to live better and healthier lives.

However, in the year when the UK hosts both the G7 and COP26, we are far from reaching the necessary action we need. We are failing to meet 17 out of 20 UN biodiversity targets. We are one of the most depleted countries in the world. Wildlife in Britain has been seriously threatened over the past decade. Half our species are in decline and one in seven native British species are at risk of extinction. We have seen flooding increase in recent years, up by more than a quarter across the UK compared with previous decades. We know that, like health, the impact of climate breakdown is disproportionately felt by those who have contributed to it the least, but rather than put us on a path to net zero by 2050 and build the solutions we need now to protect the environment, delay, indecision, short-termism, arrogance and recklessness are all on display from this Government. This will aggravate and deepen the challenges, which will impact future generations.

This is the fourth time I have spoken on the Environment Bill. The purpose is to debate and improve, not to debate and stonewall. We need—and future generations deserve—a piece of legislation that is up to scratch to meet our objectives and that acts as a launch pad for reforms and progress for the era that must come next, so that we can get the job done, not only to protect but to strengthen and advance our environment.

In Wales, we see Labour showing how it is done, with a Welsh Government forestry industrial recovery scheme, an effective ban on fracking and the restoration of our peat bogs with a national peatlands action programme. We need bigger, bolder action to address this climate and ecological emergency right now.

Photo of Andrew Bowie Andrew Bowie Conservative, West Aberdeenshire and Kincardine

The Opposition Front-Bench spokesman, Luke Pollard, is a diligent and well-respected Member of Parliament, and we have worked together on many issues in the past. Indeed, we have worked so well together that I have often felt he might be more comfortable on this side of the House. However, earlier today, he described the Bill as a “meh” Bill. I have been going through the Bill, and I would like to draw all Members’ attention to what this “meh” Bill actually delivers.

The Bill delivers targets for air quality, biodiversity, water, waste reduction and resource efficiency. It introduces an environmental improvement plan. It introduces environmental principles embedded in our domestic policy making. It creates an Office for Environmental Protection. It ensures that, under all new Bills containing environmental law, statements must be laid before Parliament on how they will maintain environmental standards. It ensures that the Government must conduct a review every two years of significant and effective international environmental legislation to ensure that we are leading the way internationally on the environment. It extends producer responsibility to make producers pay 100% of the cost of disposable products. It creates powers to introduce new resource efficiency standards for products to ensure better durability and recyclability. And I could go on, and on.

This is not a “meh” Bill. This is a transformative, world-leading, exciting, ambitious Bill that is delivering not just for the British people but on our duty to future generations and indeed, this planet. I represent a Scottish constituency, and the only thing I regret is that quite a lot of the provisions in the Bill will not affect my constituents. I can only hope that the Scottish Government go as far and as fast as this Government are proposing to do for the rest of the United Kingdom.

There is one area of the Bill that I think stands out above all others, and that is the introduction of powers allowing the Government to set out mandatory requirements on larger businesses that use agricultural commodities associated with wide-scale deforestation. Deforestation is one of the biggest threats to the health of this planet. Right now, one fifth of the Amazon rainforest is emitting more carbon dioxide than it absorbs. That is a terrifying statistic: 20% of that major rainforest, the lungs of the planet, is emitting more carbon dioxide than it is absorbing. Our proposals to ensure that we sustainably source all products that might be used in agriculture are essential in delivering on our commitment to cut down on illegal deforestation, which accounts for 95% of deforestation in the Amazon and other rainforests around the world.

This is a great Bill, and I know that, deep in his heart, the hon. Member for Plymouth, Sutton and Devonport welcomes it strongly.

Photo of Sarah Olney Sarah Olney Liberal Democrat Spokesperson (Business, Energy and Industrial Strategy), Liberal Democrat Spokesperson (Transport) 3:15 pm, 26th May 2021

I shall be seeking to press my amendment 29 to a vote.

I very much welcome this Environment Bill and many of the provisions that it makes. All over the country, we are suffering from severe environmental decline and degradation, and the results are visible in every community. From the damage to our chalk streams to the decline in our native wildlife species, the evidence of the impact of modern life on our natural environment is irrefutable. Nobody can fail to understand the implications of this decline.

A year or so ago, I attended a fascinating talk by the Kingston Beekeepers Association, which really enhanced my understanding of the essential role that bees play in maintaining the healthy plant life on which our human species depends, yet bees are among the species most threatened by modern industry, agriculture and housing development.

It is clear to everyone that much more needs to be done to strengthen powers at national and local level to prioritise the environment at every level of our decision making. As the decisions that have the most impact on our environment are made by our local authorities, especially around planning, it is vital that we enhance the powers that local government has to protect our environment.

I welcome the requirement in the Bill for every local authority to prepare a local nature recovery strategy to address the specific challenges in their own local environments. That will help to co-ordinate all local policy and decision making with an environmental impact by identifying and addressing the specific biodiversity challenges of individual areas. However, the Bill only requires local authorities to “have regard to” the LNRS. My amendment seeks to ensure that all local authorities must take the local nature recovery strategy into account when making decisions about planning or land use, as well as spending decisions.

We have seen successful trials of local nature recovery strategies in Buckinghamshire and other places. Buckinghamshire, in particular, is the site of many areas of vitally important woodland and chalk streams. We know that local people are deeply concerned about the degradation of those valuable natural assets and support the development of strategies that can combat environmental decline. It is essential that local authorities have the tools and powers that they need to be able to protect their communities.

I was fortunate enough to be able to visit Ham House, a National Trust owned property in my constituency, last Friday. The staff there talked me through the sustainable management of their grounds, including the adaptations that they have had to make to deal with climate change. The National Trust, as part of Greener UK, a coalition of environmental charities, supports my amendment. Like me, it recognises that the value of LNRSs can be realised only if they are properly applied to all aspects of decision making.

This Government have a record of delaying decisive action in the face of a looming crisis. They have an opportunity with this Environment Bill to learn from their past mistakes and pursue a course of action that is equal to the size of the challenge. None the less, the Bill needs to be strengthened by my amendment if it is to make the difference that we need to see.

Photo of Andy Carter Andy Carter Conservative, Warrington South

It is a pleasure to follow Sarah Olney.

The events of the past 12 months in particular have shown us the advantages of getting out and exploring nature on our doorstep. It is crucial, as we build back greener from the pandemic, that we take advantage of this opportunity to protect those green spaces and reflect on the world that we want to see for our children and their children.

I was very proud that this Government was elected on the strongest ever manifesto for the environment, and this Bill is critical to implementing that commitment. Central to this legislation is a commitment to leave the environment in a better state than when we found it. This is a world-leading measure that could be the net zero equivalent for nature. It is critical in our action to address biodiversity decline.

I am particularly pleased to see the commitment to tree planting in the Bill. I also welcome the introduction of local nature recovery strategies, which will allow us to map local assets and identify areas suitable for recovery.

Our changing climate is becoming associated with more extreme weather, higher risks of drought and an increase in flooding, which affected so many of the homes in my constituency in Sankey Bridges, in Heatley, and in Dallam and Bewsey during Storm Christoph in January.  The Minister was incredibly supportive and helpful during that time. Many local residents, though, are still not back in their homes, and are unlikely to be so anytime soon. Will my hon. Friend look at what more she could do to support those residents and Warrington Borough Council? I am very pleased that the Bill introduces additional requirements on water companies, enabling more resilient solutions.

Many of the environmental issues that we face have distinct local elements, and responding to challenges at a local level, in Warrington, not only allows for bespoke and more appropriate responses, but drives the potential for innovation. I want to mention air quality briefly. Warrington has historically had some of the worst air quality in the north-west of England, because of its location surrounded by motorways with high levels of congestion, and historically because of the location of a coal-fired power station at Fiddler’s Ferry. Now that has closed, and the air quality is already improving. My question to the Minister is, how can we leverage the Government’s nature target and commitment to improve air quality, not only in Warrington but across the UK, and given our presidency of COP, set out an ambition for a global improvement too? Finally, I welcome the work being undertaken by the Cheshire Wildlife Trust to protect some of our most vulnerable habitats locally, particularly through its peat free campaign.

The Bill will manage the impact of human activity on the environment. It creates a more sustainable and resilient economy and, critically, it engages our constituents and local government to improve environmental outcomes. I very much look forward to supporting it.

Photo of Rachel Hopkins Rachel Hopkins Labour, Luton South

I want to speak to new clause 25, amendment 46 and amendment 22, which would cement in legislation forward-looking protections for trees, deforestation, species conservation and biodiversity gain.

We are in a climate and ecological emergency. Many of my Luton South constituents have contacted me deeply concerned about nature and biodiversity in the UK and across the world. The Bill was an opportunity to embed ambitious environmental protections in law and to kick-start a nature recovery ahead of COP26 and the convention on biological diversity, COP15.

The state of nature is very alarming. Wildlife in Britain is in freefall, with 44% of species in decline over the last 10 years. One in seven native British species are now at risk of extinction. UK tree planting targets were missed by over 50% in 2019-20, and across the world the World Wide Fund for Nature’s “Living Planet Report 2020” found that there had been an average 68% decline in the populations of mammals, birds, amphibians, reptiles and fish since 1970.

So instead of a radical plan that shows global leadership in addressing the climate and nature crisis, the Government’s Bill dramatically falls short of what is needed. As the Environmental Audit Committee stated, the draft Bill

“is a missed opportunity for taking a holistic approach to environment and climate change, placing them at the heart of Government policy.”

I believe that the Government are resisting concrete, ambitious protections, so that our environment can be used as a bargaining chip that would undercut Britain’s environmental standards.

I hope that the Government will support the Opposition’s amendments that seek to enhance the protections in the Bill. We need the Government to publish a tree strategy for England, coupled with clear targets that would drastically increase woodland coverage, to protect and maintain new and restored existing woodlands. New clause 25 would ensure that the Government’s tree strategy was transparent about the protection, restoration and expansion of trees and woodland. As the planting of trees is a local issue as much as a global issue, will the Minister commit to ring-fencing a significant proportion of tree-planting grants of the £640 million Nature for Climate fund for local authorities, so that they can plant trees at scale and play their part in tackling the global crisis?

We also need the species conservation strategies to contribute to nature’s recovery. Amendment 46 would help deliver that, and could ensure that effective strategies are put in place to restore bees and other pollinator species and protect them from harmful pesticides. Amendment 22 would require the Government to commit to maintaining habitats that are secured under biodiversity gain in perpetuity, rather than the 30 years currently specified in the Bill. These amendments would embed sustained, forward-looking action in law to begin to reverse species decline and loss of species, and set nature on a path to recovery.

I look forward to hearing the Minister’s closing remarks.

Photo of Robbie Moore Robbie Moore Conservative, Keighley

It is a real privilege to once again speak in this place to express my support for the Environment Bill. It was fantastic to have the opportunity to serve on the Bill Committee and to see all the hard work that has gone into this piece of legislation. I repeat my for all the work that she has done in bringing forward this Bill.

All of us in this House will agree that the environment is precious, and I care deeply about protecting and enhancing it for future generations. As the Minister will be well aware from my interactions with her, from lobbying to stop the development of the Aire valley incinerator to the recent granting of bathing water status on the River Wharfe in my constituency, I and many of my constituents across Keighley and Ilkley care deeply about enhancing our environment. As I deliver this speech, two of my constituents, Patrick Godden and Jack Hanson, are completing a walk from Ilkley to Westminster to raise awareness and funds for the Ilkley clean river campaign, a group that has campaigned hard to improve water quality in the River Wharfe. Measures in the Bill such as the statutory duty on water companies to develop sewage management plans and the changes to the water companies licensing process will ensure that the River Wharfe and many other rivers up and down the country have better water quality and biodiversity and enhanced aquatic ecosystems, and I wholly wholeheartedly approve of that.

I am delighted that this Government are following other countries in introducing conservation covenants. The Government have acknowledged the important role landowners can play in conservation efforts. The current system makes it difficult for legal obligations on environmental protection to stay in place once land is sold or passed on, and conservation covenants will help. These long-term commitments will ensure positive opportunities for conservation are not missed, and the conservation covenants will introduce obligations to improve conservation as long as public good will is there and will help restore the natural qualities of our land.

There are other great measures in this Bill, such as local nature recovery strategies; the Government have recognised that local nature recovery must start at the local level, and that will make a huge difference locally. I would briefly like to mention my support for amendment 41 tabled by my right hon. Friend Mrs Miller, a probing amendment which seeks to include a provision for local planning authorities to be able to take unlawful tree felling and lack of compliance with restocking and enforcement orders by landowners into account when considering planning obligations.

We have an obligation to ensure that the next generation inherits a healthier planet and the Environment Bill goes a long way to achieving that.

Photo of Mick Whitley Mick Whitley Labour, Birkenhead

I welcome the opportunity to speak once again on this important piece of legislation and am thankful to the many constituents who have urged me to support the strongest possible protections for our natural world, as well as Cheshire Wildlife Trust, which is such a powerful and passionate advocate for nature across the Wirral and Cheshire.

The UK is in the midst of an intense biodiversity crisis. In just 50 years, 41% of all species have declined, with 15% brought to the brink of extinction. Most worryingly of all, bees, which play such an important role by pollinating 70% of all the crops we eat, are under existential threat; since 1900, 13 species have been lost with another 35 at risk.

Time and again the Prime Minister has promised bold and decisive action to tackle the existential threat of biodiversity loss and ecological crisis, but, as is so often the case with this Government, the reality fails to match the rhetoric: not only does this Bill fail to bring forward the measures that are badly needed to halt ecological collapse, but it does not even maintain the comprehensive environmental protections that we had as a member of the European Union. I am therefore very grateful to the hon. Members who have tabled important amendments to this Bill, especially my hon. Friend Ruth Jones.

I was especially glad to add my name to new clause 25, which would commit the Government to publishing a national tree strategy for England. England is one of the least wooded countries in the western world, with just 13% of all land covered by woodland compared with an average of 44% in mainland Europe. Increasing woodland has a vital role to play in tackling climate breakdown and promoting biodiversity, but fewer than 50% of the annual tree planting targets were met in 2020. That is simply not good enough.

I also urge Members to join me in supporting new clause 24, which would enshrine vital protections for our peatlands into law and introduce a comprehensive ban on the burning of heather on all upland peat. Peatland plays a vital role not only in promoting biodiversity but also as a natural carbon sink, yet the Government have failed to safeguard this precious natural resource. Some 80% of the UK’s 3 million hectares of peatland are chronically damaged, with around 60% enjoying no protection whatsoever.

Warm words simply are not good enough; today’s votes provide us with an opportunity to prove we say what we mean in tackling the biodiversity crisis, so I call on the Government to put their money where their mouth is and join me in supporting these and many other amendments tabled today.

Photo of Duncan Baker Duncan Baker Conservative, North Norfolk 3:30 pm, 26th May 2021

This is a landmark Bill, and I am hugely proud to support it. We quite rightly talk a great deal about climate change, net zero and the world-leading targets we are setting, but specifically what are we doing to protect nature and biodiversity? It is a headline we hear less about, and it needs to sit alongside our climate change agenda, because our duty to protect habitats and species is as important as our need to decarbonise. That is why I am delighted to back Government new clauses 21 and 22. Restoring nature and committing to a legally binding target on species abundance by 2030 must be at the forefront of our agenda. This builds on our commitment at the Leaders’ Pledge for Nature in September 2020, where we were one of the leading nations to commit to reversing biodiversity loss by 2030.

Through our recent Environmental Audit Committee work, it was shocking to learn that only 14% of our rivers are considered to be in good ecological condition. What must we be doing to our biodiversity in the protection of nature? In a developed country in the 21st century, we must do better, and now we will. We have to put a stop to 50 years of decline in nature’s rich habitats and pay heed to the Dasgupta review.

For instance, I am delighted to see that biodiversity net gain is to become a key component of the Town and Country Planning Act. This is very important in my constituency, and I call on my local council, North Norfolk District Council, to get ahead of the game. It should be employing ecologists on its planning team to lead in early design and planning, to ensure that biodiversity and nature recovery are incorporated in the heart of local planning and needs. As well as local and domestic issues, we have to lead on the world stage. The new clauses will ensure just that by aligning the commitments and international biodiversity targets that are to be negotiated in China later this year.

We know that it is people who have contributed to the destruction of nature, and it is people who will put it back together again. Nowhere is there a finer example of conservation in my constituency than the sterling work of the North Walsham and Dilham Canal Trust volunteers and the Old Canal Company. I recently visited them to see their restoration work and improvement of nature and biodiversity on the waterways that they have restored. It was quite breathtaking. It shows that these new clauses, if followed, will make a real difference to nature.

Photo of Wera Hobhouse Wera Hobhouse Liberal Democrat Spokesperson (Justice), Liberal Democrat Shadow Leader of the House of Commons, Liberal Democrat Spokesperson (Women and Equalities)

We cannot continue to take nature for granted. This pandemic has highlighted the importance of nature for our physical and mental wellbeing. It has also exposed the inequalities that exist, as so many families do not have close and easy access to open green space. The UK is one of the most nature-depleted countries in the world: 14 of 24 biodiversity indicators show long-term decline; 41 of the UK’s species have declined, with 15 at risk of extinction; and 0% of England’s waters are now classed as in good health, compared with 16% in 2016.

The Government have failed on nearly all the UK’s commitments on nature made in 2010. They have failed on the health of our rivers, lakes and streams. We must take every opportunity to address the UK’s ecological crisis without delay. We need a strategy for doubling nature. The Environment Bill is an opportunity to do just that, but it needs to be much stronger. As it stands, the duty to use local nature recovery strategies is much too weak. I urge colleagues on both sides of the House to support amendment 29, which was tabled by my hon. Friend Sarah Olney. This amendment would give teeth to the local nature recovery strategies, because it ensures that biodiversity will be embedded in all public authority decision making. Like climate action, biodiversity gains begin at home. Liberal Democrat councils across the country are fighting to do just that.

There are very simple things that can help. In Bath and North East Somerset, for example, we have introduced a strategy whereby we just do not mow grass verges in order to allow flowers and blooms to spread. Local authorities are best placed to understand the needs of their communities and landscapes, and we must give them the powers and resources they need to help the UK to tackle its nature emergency.

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

I thank all hon. Members who have tabled amendments. However, the shadow Secretary of State, Luke Pollard, in his tirade at the beginning seemed totally unaware of just how many measures this Bill will introduce to look after and protect our environment, the countryside and nature. It truly is a landmark Bill. I will give him some quotes from environmental non-governmental organisations just last week: Greener UK said this was a “watershed moment for nature”; the RSPB applauded us for taking this “ambitious step”; and Countryside Link called this

“a tremendously important milestone toward world-leading environmental law”.

I think the shadow Secretary of State has been under a stone like some rare species. I would like to drag him out into the light so that he is able to appreciate what we are doing, like so many colleagues here today who have all grasped it, including my hon. Friends the Members for Hertford and Stortford (Julie Marson), for North Norfolk (Duncan Baker), for Rushcliffe (Ruth Edwards), for Derbyshire Dales (Miss Dines), for Truro and Falmouth (Cherilyn Mackrory), for Ynys Môn (Virginia Crosbie), for Stroud (Siobhan Baillie), for Warrington South (Andy Carter), for West Aberdeenshire and Kincardine (Andrew Bowie) and for Keighley (Robbie Moore).

I do not have much time, but I am going to touch on as many points raised in this debate as I can. I ask Members please to come and see me if I have not managed to address their points. I turn first to amendment 22, which is in the name of Ruth Jones. Setting a minimum duration in law would deter developers and other landowners from offering land for habitats. Furthermore, this amendment would risk creating permanent obligations to maintain particular types of habitat that may not be resilient to future ecological or climate changes.

I thank my right hon. and learned Friend Sir Oliver Heald for applauding our nature target, and totally agree that international action is imperative so that we show that we are leading the way, particularly with the CBD.

I turn to new clause 16. I can reassure my right hon. Friend Theresa Villiers that the Environment Bill lays the foundations for environmental protection that will be supported by the Planning Bill. Our planning for the future White Paper reiterates our strong commitment to biodiversity net gain. I also reassure her that in line with our manifesto commitment, existing policy for greenbelt protection will remain.

Amendment 29 would risk limiting the decision-making direction of public authorities with regard to local nature recovery strategies. It would be unreasonable for national bodies such as Network Rail or Highways England to be required to comply with many strategies. In fact, this amendment could, perversely, result in lower environmental ambition.

My right hon. Friend Mrs Miller rightly brings the issue of illegal tree felling into this debate through amendment 41. The Bill does provide a deterrent to the illegal felling of trees by introducing unlimited fines and making tree restocking orders a local land charge. It will close a loophole raised by so many Members, including my hon. Friend Bob Seely.

I turn to the tree strategy in particular and new clause 25. I am pleased to report to the House, as I have already mentioned a number of times, that we launched our trees action plan just last week, and that renders this new clause completely unnecessary.

Let us turn now to hedgehogs, of course. I keenly support the intention of new clause 4, which was tabled by my right hon. Friend Chris Grayling. Although I cannot accept the amendment, I hope that he is reassured by the commitments I made earlier. I fully reiterate his comments about the importance of habitats. My hon. Friend Theo Clarke also rightly raised the issue of hedgehogs.

New clause 2 would significantly reduce existing protections and remove the duty on decision makers to reject plans or projects that could harm protected sites.

I must touch on the due diligence clause mentioned by so many people, including the hon. Members for Bristol East (Kerry McCarthy), for Blaydon (Liz Twist) and for St Albans (Daisy Cooper). The Environment Bill will benefit nature not just abroad, but internationally.

On amendments 26 and 27, I completely agree with my hon. Friend Neil Parish—happy birthday, by the way—that deforestation must be tackled if we are to achieve our climate and biodiversity targets, and legality is at the heart of our requirements.

In conclusion, new clauses 21 and 22 introduce powers that will restore protected sites to good condition and they are critical for the Government. This Government are clear about their commitments on the environment, and I hope I have been able to assuage the concerns of all Members who have tabled amendments today.

Question put and agreed to.

New clause 21 accordingly read a Second time, and added to the Bill.

Three hours having elapsed since the commencement of proceedings on consideration, the proceedings were interrupted (Programme Order, this day and 26 January).

The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).