Lord Hunt of Kings Heath:

Moved by Lord Hunt of Kings Heath

38: After Clause 7, insert the following new Clause—“Sustainable developmentGreat British Energy must keep under review the impact of its activities on the achievement of sustainable development in the United Kingdom.”Member's explanatory statementThis amendment requires Great British Energy to keep under review the impact of its activities on the achievement of sustainable development in the United Kingdom.

My Lords, in moving my Amendment 38, I begin this group by referring to the letter I sent to all Peers on 5 February.

This amendment relates to a new clause to be inserted after Clause 7, which requires Great British Energy to keep under review the impact of its activities on the achievement of sustainable development in the United Kingdom. Throughout our debates I have been clear that a healthy natural environment is critical to a strong economy and sustainable growth and development. Our commitment to the environment is unwavering, including through meeting the Environment Act 2021 targets, such as halting biodiversity decline in England by 2030. I have also been clear that through driving clean energy deployment and supporting decarbonisation, Great British Energy will support the delivery of our carbon budgets and net zero, helping protect nature from the impact of further climate change.

I thank noble Lords for their engagement in debates on nature and biodiversity. I thank the noble Baroness, Lady Hayman, and Peers for the Planet for their constructive engagement ahead of Report. We are clear that we want to work together, across the United Kingdom, to achieve our net-zero ambitions, and we are going to carry on working together in this regard.

We see sustainable development as a broad category, recognised by the UN, covering the economy, the environment and society. The legislative amendment will be explained further in the framework document that governs the relationship between my department and Great British Energy. The framework document will be published in 2025, following Royal Assent of the Bill, to ensure that it reflects the final form of legislation.

The framework document will outline, as specified in the Act, that Great British Energy would continue to keep under review the impact of its activities on the achievement of sustainable development in the United Kingdom. It will state that sustainable development means having regard to the impact of Great British Energy’s activities on the environment, society and the economy. This includes, where relevant, consideration of Great British Energy’s contribution to achieving targets set by, or under, Part 1 of the Climate Change Act 2008 and Sections 1 to 3 of the Environment Act 2021, and any equivalent legislation in Scotland, Wales and Northern Ireland. It also includes, where relevant, considerations of climate change adaptation. The framework document will also specify that Great British Energy will include in its annual report a report of its activities in relation to sustainable development.

I hope that noble Lords will feel that this amendment reflects a lot of the discussions and debate we have had. I beg to move.

My Lords, I shall speak to my Amendment 40. I am rather disappointed that the Minister did not refer to the other amendments in this group.

With great respect, my Lords, I think the form is that I move my own amendment and then respond to other amendments in the group when I wind up.

I am grateful for that clarification.

I welcome the government amendment in this group. However, I seek a specific assurance from the Minister as to exactly how and when the Government will ensure that the impact of GB Energy’s activities will not harm sustainable development in the United Kingdom. Why I prefer the wording of my amendment to the Minister’s, and why I regret the fact that the framework document will not be available before the passage of the Bill through Parliament, is because the Environment Act 2021 set out very clear environmental standards that have to be followed in subsequent legislation.

Amendment 40 addresses the issue of Great British Energy operating in such a way as to meet the criteria and environmental standards in the Environment Act 2021, which set out clear standards for environment and animal welfare that any project approved by GB Energy should meet. The projects we have discussed during the passage of the Bill potentially risk criss-crossing the countryside, covering the landscape with intrusive miles of pylons and overhead transmission lines, as well as massive solar farms and battery storage plants, the latter also posing a fire risk. Up to 10% of land currently farmed could be taken out of production, with a consequential effect on farming and food security to create a strand of energy which will bring no local benefits whatever but feed energy into the already well-fed National Grid.

I call on the Government to address offshore wind farms in a clear and pragmatic way, with one planning application for any future offshore wind farm taken at the same time as permission to build an onshore substation, to take the electricity generated and, at the same time, any proposal for onward transmission of the energy through overhead power lines and pylons.

Other damaging aspects of offshore wind farms at severe odds with sustainable development are their impact on fishers and fisheries. Wind farms damage marine life and sea mammals, and interfere with fishers going about their business. I am grateful to the National Federation of Fishermen’s Organisations for its briefing, which clearly highlights the threat from offshore renewables, primarily winds but also wave and tidal.

Ten per cent of UK seas will be designated as highly protected marine areas, where fishing will be banned. The worst-case scenario could result in the loss of half of the UK’s fishing waters, some 375,000 square kilometres: Scotland would lose 56% of its fishing waters and England and Wales 36% of theirs. Even if the worst-case assumptions are not realised, 38% of UK waters are likely to be lost, threatening the very existence of UK fishing businesses and causing severe harm to coastal communities.

I feel that the sentiments expressed in Amendment 40 sum up those also expressed in Amendments 47 and 48, in the name of my noble friend Lord Offord, and Amendment 51, in the name of my noble friend Lord Fuller. All I seek this evening is an assurance that farmland and residential properties will be protected from massive solar farms, battery storage plants and the like, and the impact of major substations bringing electricity onshore from these offshore wind farms. The long lines of unwelcome, intrusive overhead lines transmitting the energy to the National Grid should be removed or reduced and spatial rights for fishers should be recognised. I hope that the Minister will look kindly on the assurance that I seek.

My Lords, I have added my name to the new clause proposed in Amendment 38 by the noble Lord, Lord Hunt of Kings Heath. I thank him and his officials for the amount of time and effort that they have put into finding what is a very good resolution to the issues that we raised at earlier stages in the Bill. Obviously, in some ways, I would have preferred my own amendment as it stood in Committee, which would have put into the Bill an obligation on GBE to contribute to the targets under both the Environment Act and the Climate Change Act.

After discussion, I understand why the Minister wants to put in the phrase “Sustainable development” and to have that contribution. That is indeed the model that we adopted as a House during the passage of the Crown Estate Bill. I would not be happy with this amendment, were it not for the assurances that the Minister has just given at the Dispatch Box on what will be included in the framework document, so that we will actually see reference to contribution to achieving targets under both those Acts in the framework document. We will also see a commitment to tackling the issue of adaptation there, because none of us who has observed or experienced the weather—and the results coming out from international institutions—in the last six months will have any doubt that we have challenges already baked in by climate change and biodiversity loss that have to be met, as well as the efforts to stop things getting worse. I am very grateful for those assurances.

In some ways, a commitment to sustainable development may seem more nebulous than tying down to those particular commitments, but I believe it is really important that we acknowledge that there are differing forces—differing demands and aspirations—that have to be taken into account when we make decisions on infrastructure and investment, or whatever it is. Sustainable development, as defined by the UN, is about taking the economic, environmental and social effects of developments into account when decisions are made. Lots of difficult decisions will have to be made and there are lots of balances that have to be struck, whether about pylons or achieving net zero, and whether about growth or biodiversity and nature. We have to be able to walk and chew gum at the same time, and to actually recognise that all those strands have to be taken into account.

If we are going to get through and make the right decisions, frankly, we will have to be, first, very smart, and secondly, very frank with people about how we assess the different pressures and how we have come to individual decisions in individual cases. I have been very impressed by the work of the Crown Estate, looking at its different drivers and objectives and how it brings those into force when it looks at decision-making for investment, and I hope that GBE will be able to do exactly the same. So once again I end by thanking the Minister for the work he has done in bringing this amendment forward.

My Lords, it is a great pleasure to follow the noble Baroness, Lady Hayman, for whom I have the greatest respect. I know that the whole of your Lordships’ House applauds her and Peers for the Planet for their enormous amount of work, but I am afraid that, on this occasion, I disagree with her. I speak to Amendment 40, to which I have attached my name, and government Amendment 38, to which the noble Baroness has offered her support. I am afraid that

“must keep under review … sustainable development” is a very weak form of words.

I understand that the noble Baroness seeks compromise and is taking what she can get. It would be lovely to be in a situation where we can start with a government Bill that says these things and then look to improve it. None the less, in speaking to Amendment 40, I am in the curious position of agreeing with the noble Baroness, Lady McIntosh, about the amendment and totally disagreeing with lots of the things she said. If offshore wind farms are spaces from which fishers are barred, they can become wonderful marine refuges, and if we are talking about damage to the seafloor, then deep sea trawling is the issue we should be talking about, and, most of all, damage to marine life. Indeed, if we are talking about biodiversity, solar farms managed in the appropriate way can be vastly better for biodiversity than arable farmland, in which the soil and the whole environment are totally trashed.

I am aware of the time, so I will not take long, but I want to point to what this amendment says and contrast “take all reasonable steps” to achieve the legally binding targets versus “keep under review”. This is much stronger wording, it is the right wording for a country that has a state of nature that is in a state of collapse, where there is so much that needs to be protected and improved, and for which we have the legally binding targets to which this amendment refers.

My Lords, I rise very briefly to say that I too have put my name to this amendment and I am delighted that the Minister, the noble Lord, Lord Hunt, and the noble Baroness, Lady Hayman, have been able to negotiate this compromise. It is important that this is in the Bill; it will make a difference and I am very pleased to see it here. It also reflects the language that was used in the Crown Estate Bill and that is particularly useful for GB Energy because of the strong connection they have with one another. I welcome the words that the Minister used at the Dispatch Box, mentioning the Climate Change Act 2008 and the Environment Act 2021. I welcome the monitoring that is taking place on this.

I have some sympathy with the noble Baroness, Lady McIntosh. These are obviously all very difficult conversations, and the noble Baroness, Lady Hayman, put that quite well. Actually, the way we talk about it, the spirit in which we put these things into place and how we make them work in practice are the big challenges that we all have, going ahead, but I am very pleased to see this here.

My Lords, I will speak to Amendments 40 and 47. I have recent ministerial experience of the Environment Act and the powers available under it, which is why I tabled some Questions for Written Answer. I was somewhat confused by the responses from the Government. When I asked whether they would publish their assessment, under Section 20 of the Environment Act, about not having the effect of reducing the level of environmental protection, I was informed by the Minister that the information was “legally privileged”. It surprised me that the Government, who are committed to the environment—I do not dispute that—are not prepared to share with the House why they do not think this will have an adverse impact on the natural environment. I went further, asking which provisions would be “environmental law” or would impact, and I was referred to Clause 3.

Under the Environment Act, the Minister is not required to ask the advice of the Office for Environmental Protection, but I would be grateful to know whether he, or any other department, has done so. Again, that sort of information would be useful to this House, recognising that we still do not have the strategic priorities—we have the objects, but nothing wider than that—in our consideration of this. I know for sure, from living in Suffolk—I referred to this in my earlier contribution today—of the significant impact that this energy infrastructure can have.

That is why I wanted to talk also to Amendment 47, which refers to offshore energy installations. We have already heard about the impact on the marine environment. I signed off the largest number of marine conservation zones this country has ever had. I did some of that deliberately—working around situations such as Dogger Bank—conscious of our needs as a country to also make progress with energy development. Nevertheless, despite the intricacy there—the science continues to evolve and there are plenty of records looking into that—one of the things that often gets lost, but which I managed to get into the previous Government’s industrial strategy, was not only the impact of offshore but the impact of offshore energy onshore. That is particularly true in the areas around Saxmundham, Aldeburgh and Walberswick, which are part of Ramsar sites and international designations that are almost beyond belief anywhere in the United Kingdom; they are probably the most protected areas.

I was then further confused when I asked further Questions about whether the Government intended to apply the environmental principles duty to the Great British Energy company. The response I got from the Government was that Ministers would consider it when setting up the company, and then GB Energy

“will … be subject to relevant environmental regulation”.

For me, that is not good enough. I then asked another Question about whether

“the duty to conserve and enhance biodiversity” will be applied, to which I got an answer that was not contradictory but was different. It said that,

“as a non-departmental public body, the company will be required to comply with the biodiversity duty”.

Why does this matter? It matters because we are very alert to the challenges that we face with biodiversity in this country and around the world. We have a responsibility to do that when we consider the huge installations that are happening. Sizewell C will be built—I strongly support that; I support a lot of this development—but what is confusing to people in communities around the country is that we are prepared to trash sites of scientific interest and the like, while not being prepared to put energy infrastructure on brownfield sites closer to where the energy is needed. That is causing the frustration that people have.

So that is why I wanted to rise today: to say, “Actually, I’m afraid the Government’s amendment to me is so weak as water that it is absolutely ridiculous. You could probably consider it to be one polluted by sewage on how useless it is”. I could use stronger language. I believe that the amendment put forward by my noble friend Lady McIntosh of Pickering would be much stronger and suitable to serve the purpose that is intended. Candidly, having put a lot of legislation through both Houses of Parliament in my previous roles, I assure noble Lords that people should not think that that will give any extra protection on environmental grounds, because it simply will not. All it will do is tick a box in an agenda item. “Have we considered this environment?” “Yes, we have.” “Does it make a difference?” “No.” “Does it make it worse?” “Maybe. Who cares? We just move on.” That is not the approach that we should be taking.

My Lords, I was not going to say anything at this point because it is getting late in the evening, but I was pretty staggered by that last intervention. I found it pretty rich, coming from a Minister who signally emasculated Defra and knocked the legs out from underneath it. The statement of environmental principles to which she referred was significantly reduced as a result of the work that happened around that period. So I actually think that we should thank the Minister and the noble Baroness, Lady Hayman, and—

I am very happy to have that discussion outside, but I think it is a complete impugnment of all that we did achieve. I assure the noble Baroness that the strategy for our ground-breaking biodiversity plan is under way. I wish the Environment Secretary, Steve Reed, well in getting on with some of this stuff. It is ridiculous to try to suggest that the work the Conservative Government did in Montreal did nothing; it did a hell of a lot for the environment and I want the Labour Government to continue it and to succeed—we all do. That is why this amendment that the Government propose is not enough.

Strangely enough, I find myself agreeing with the noble Baroness’s sentiments on this amendment. We should thank the noble Baroness, Lady Hayman, and the Minister for reaching an agreement so that we can get something in the Bill. Amendment 40 would have been a lot stronger, but at least we have got something. We now need to ride heavy shotgun on what is contained in the framework to make sure that that happens.

I cannot take a lecture from the noble Baroness, because I know for a fact that Defra was severely prejudiced in its ability to do any of this work by the way that she operated when she was in that department.

My Lords, I will speak to my Amendment 51. Before I get into the substance of what I want to say, I want to say how proud I am that the Conservative Government passed the Environment Act that resulted in cleaner water, purer air, less waste and lower emissions. Only the Conservatives could have done that, and I know my noble friend Lady Coffey had a hand in that.

At an earlier stage of this Bill, I probed the Minister on the environment protections for tidal energy. Upon reflection, the amendment was too tightly drawn around tidal and insufficiently drawn for protections for other types, such as wave and barrage energy. Further, I do not think that sufficient attention was paid in my earlier remarks to coastal and estuarine environments, which are all part of the offshore scene. I have altered my approach to ensure that all marine proposals must consider the environmental impacts of their introduction. I welcome the Government’s late acceptance of some of these principles and their belated tabling of Amendment 38. On this side, we are grateful for it, but, as my noble friends have said, it does not go quite far enough.

My amendment would require the Secretary of State to assess the impact on the environment and animal welfare standards of the installation and generation of tidal, barrage and wave energy, together with its associated cabling. Amendment 38 talks generally about sustainability in its widest sense. My amendment seeks to define what sustainability means. It is not just carbon; it is about the wider impacts on flora and fauna. I noted and listened carefully to what the Minister said about the framework documents that have come forward, but they are in the future and we are in the now. It is certainty that we crave.

I will not detain your Lordships, because it is late, with my tale of my visit in November to the Saint-Malo tidal barrage—the world’s first, opened nearly 60 years ago. However, I want for a moment to consider the environmental costs of that valuable piece of infrastructure in France. There are lessons from history to be learned as we look forward to a post-carbon world. While saving the environment by reducing carbon emissions on the one hand, the French have damaged it on the other. My amendment seeks to direct Great British Energy to strike the appropriate balance between the desirability of reducing emissions and the essentiality of protecting flora and fauna in these places.

In commenting on the Saint-Malo barrage, Thomas Adcock, an associate professor in the department of engineering science at Oxford University, said there has been a “major environmental impact” on La Rance estuary as a result of that tidal barrage, and that

“this would make it very difficult to get permission to do such a barrage again”.

Researchers point to the adverse impacts on marine life due to the altering of sedimentation patterns, as well as the impact on oxygen and nutrient levels in the water. Sand-eels and plaice have disappeared, while silting has reduced the number and variation of other fauna. It is in the public interest that this is considered, so that mitigations can be put in place. My amendment seeks to ensure that, when the Government’s tilted sustainability balance is engaged, it must give sufficient weight to flora and fauna under the environmental pillar, not just pull the decarbonisation trump card out of the top pocket. This is why my amendment is needed and why it goes beyond Amendment 38.

I am not starry-eyed about the practicality of building big machines that can survive in the most hostile environments, pounded by seas and eaten by saltwater corrosion. I am involved in the liquid fertiliser business, so I know more than most how hard it is to engineer these things in tough, salt-aggressive places, but that does not mean that we should not try. It is hard to engineer reliability in some of these unforgiving places, so the installations will be larger and more environmentally intrusive, and require more maintenance than is needed on land.

That is why this amendment is serious. It will require GB Energy to take into account a number of factors and to continuously monitor these when assessing offshore energy proposals—for example, the cumulative impact of installations when considered alongside nearby projects; the transboundary impacts, when activities in other countries may be impacted, such as commercial fishing; any interrelationships where one receptor, such as noise, can have a knock-on impact on others to disturb species, and in particular subsea noise, which impacts on marine mammals; physical processes, which include changes to the sedimentary flow; and navigational risk assessments, because sometimes vessels can be deflected into the path of others.

Taken together, consideration of these factors would ensure that some of the most delicate marine and coastal habitats, such as that introduced by my noble friend Lady Coffey—the 321 square kilometre Cromer Shoal Chalk Beds marine conservation zone, one of 91 such zones established by the last Government—would be protected.

I am not against harnessing this most inexhaustible supply of offshore energy, including tidal. The energy is there, it is year-round, it is predictable and reliable, and it deserves to be won and should be won. It is just remarkable that the Secretary of State is not required to give the appropriate directions to GB Energy to balance not just the carbon environmental benefits but environmental safeguards in the widest sense.

This evening, we sat on the water Bill. That Bill is the consequence of not thinking ahead about what might happen when a public utility gets carried away. Let us put the protections in the Bill now to constrain Great British Energy, and require the Secretary of State to ensure that a private body established for a public purpose acts in the wider public interest, not its private self-interest, and sets an example to others.

In summary, I agree with the sentiment of Amendment 38, but it does not go far enough. We must not allow carbon alone to trump all other environmental considerations. I will listen carefully to the debate, but I feel that, because of the inadequacy of government Amendment 38, if adjustments are not made then I may seek to divide the House accordingly.

My Lords, I will speak to Amendments 47 and 48 in my name and in support of Amendment 51 in the name of my noble friend Lord Fuller.

The threat posed to the environment by the rapid installation of renewable energy technologies is familiar to this House, as it was discussed extensively in Committee and during debates on the Crown Estate Bill. We know that the UK is the second-largest offshore wind market in the world, and that allocation round 6 under this Government has awarded 5.4 gigawatts of offshore energy contracts across fixed and floating offshore wind and tidal stream. Indeed, the Government have committed to quadruple offshore wind by 2030 as part of their wind revolution.

The speed and scale of the Government’s offshore wind developments raise significant concerns about the impact on our ecosystem. While offshore wind farms may have the potential to have positive impacts on natural habitats, we must not neglect the potential harm that wind or tidal technologies may have on our natural environment. On that note, I support Amendment 51 in the name of my noble friend Lord Fuller, which follows a similar line to Amendments 47 and 48 in my name.

Through their so-called unprecedented relationship, the Crown Estate and GB Energy have a duty to assess and mitigate the impact of their activities on the environment. By law, GB Energy must assess, report on and minimise the impact of its activities on our environment in seeking to ramp up renewables and phase out fossil fuels.

I welcome Amendment 38 in the name of the Minister. We stand by to support the noble Baroness, Lady McIntosh, if she pushes her Amendment 40 to a Division. Meanwhile, I remain to be satisfied by the Minister’s response to my Amendments 47 and 48, and will consider testing the opinion of the House.

My Lords, how good it is to see so many Opposition Members taking such an interest in this Bill.

First, I thank the noble Baroness, Lady Hayman, for her support for my amendment. As she rightly said, it has to be seen alongside my Dispatch Box commitment in relation to the framework document. I agree with her about the frankness required in some of these difficult decisions and the balances that must be drawn. I take her point about the Crown Estate; I will draw her comment to the attention of Great British Energy.

The noble Baroness, Lady Bennett—who I thought might get up to support my amendment but, as ever, I remain disappointed in that regard—said that this is a weak amendment, but it is not so. It is a strong amendment that fits with the architecture of the Bill. One has to read it alongside the commitment that I have made tonight at the Dispatch Box. The one thing I can say is that it is not, and will not be, a tick-box approach. We will ensure that it is much more than that.

On Amendment 40, let me be clear: the core focus of Great British Energy is to tackle the energy crisis and deliver clean power. While its mission naturally aligns with environmental and biodiversity goals, additional statutory obligations might undermine its ability to execute its primary objectives effectively. The point here is that GBE will be fully subject to all existing environmental and climate regulations, ensuring strict compliance with environmental safeguards. If we place additional duties on a new organisation, that risks overcomplicating its mandate. My amendment already ensures that GBE will continually assess its impact on sustainable developments, aligning with climate and biodiversity commitments. In the light of my amendment and the commitments that I made regarding Great British Energy’s framework document, we are surely broadly aligned in terms of a dedication to ensure that the environment and the climate crisis are dealt with collectively.

If made, the effect of Amendments 47, 48, 51 and 53 in the names of the noble Lords, Lord Offord of Garvel and Lord Fuller, would be Great British Energy being required to cease facilitating, encouraging or participating in the relevant activity if it is found to be causing significant harm to local communities, environmental damage or significant welfare issues. Amendments 47, 48 and 51 propose a new clause after Clause 7 which would require the Secretary of State to assess the impact of Great British Energy’s activities in relation to offshore wind installations and generation, as well as the decommissioning of oil and gas structures.

I do not think that these amendments are necessary for three reasons. First, GBE projects will already be subject to the UK’s rigorous planning processes and environmental regulations, including environmental impact assessments, habitat regulations assessments and statutory community engagement. These ensure full consideration of local environmental and social impacts before any project proceeds.

Secondly, existing regulations—the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017, the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, and the Conservation of Habitats and Species Regulations 2017 —already require scrutiny. GBE will be held to the same high standards as any other developer.

Thirdly, on decommissioning, let me clarify that GBE will not be involved in decommissioning oil and gas structures. Even if it were, the UK’s strict decommissioning regulations require robust safety and environmental assessments before any decision is made. More broadly, our environmental commitment remains firm. We will meet the Environment Act targets, halt biodiversity decline and safeguard marine protected areas. Given these reassurances, I hope that noble Lords will not press their amendments.

My Lords, before the Minister sits down—

Noble Lords:

No!

My Lords, 30 seconds. The Minister referred to rigorous planning standards. I note a government press release of 26 January saying:

“Sweeping reforms under the Planning and Infrastructure Bill will take an axe to red tape that slows down approval of infrastructure projects”.

Is the Minister confident that there will still be rigorous planning standards after the changes that the Government have announced?

My Lords, we are on Report, but I will answer this. Of course, we are talking about speeding up the planning processes without impacting on the environmental protections that we have. That is our aim and what we will achieve.

Ayes 125, Noes 103.

Amendment 38 agreed.