Planning and Infrastructure Bill - Committee (8th Day) (Continued) – in the House of Lords at 6:30 pm on 17 September 2025.
The Earl of Caithness:
Moved by The Earl of Caithness
319: Clause 76, page 109, line 1, after “another” insert “appropriate”Member's explanatory statementThis Amendment seeks to ensure that those paid by Natural England to deliver EDPs have the appropriate expertise for the role.
The Earl of Caithness
Conservative
My Lords, I beg to move Amendment 319 and will speak to Amendment 320. I would like a little bit of clarification on Clause 76(3), which reads:
“Natural England may pay another person to take conservation measures”.
Surely that ought to be “an appropriate person, with the right qualifications, to take conservation measures”? I would be grateful if the Minister could expand a little on what the Government’s intention is on this. Could she also confirm that subsection (3) refers entirely to EDPs, not to wider powers? It just says:
“Natural England may pay another person to take conservation measures.”
If the noble Baroness can help with that, I would be grateful. I beg to move.
Lord Cromwell
Crossbench
My Lords, I have every sympathy with these amendments, which reflect wider concerns expressed about the capabilities of Natural England and those whom they will deploy, but I do wonder how they will work in practice. In that regard, I have three quick questions for the Minister.
First, will Natural England reveal to levy payers which organisations—and, equally importantly, which qualified individuals—will be given responsibility for using that levy payers’ money to deliver relevant EDPs, so that levy payers can, as stakeholders, have confidence in delivery? Secondly, will such levy payers be able to communicate with these individuals or organisations to learn of and discuss progress? Thirdly, how, and by whom, will these individuals or organisations be held to account for the work that they do?
Lord Blencathra
Shadow Minister (Environment, Food and Rural Affairs)
My Lords, I rise to address Amendments 319 and 320, as introduced by my noble friend Lord Caithness—I thank him for that. These important amendments seek to ensure that future environmental delivery plans are delivered by people or bodies that have the appropriate capabilities necessary for conservation projects.
Environmental delivery plans are centralised schemes that will thus pull together more resources than have previously been designated to environmental initiatives. That means an increase in both scale and responsibility. Delivering plans at an increased scale necessitates that those responsible have the required expertise—not only industry knowledge, but larger-scale management capabilities. Amendment 320 particularly speaks to that, as it expands the potential providers to include bodies, allowing delivery to be overseen by a wider and more diversified group of people.
Responsibility is higher with EDPs, as the use of pooled resources—necessarily greater than case-by-case funds—increases the risk of wasteful externalities. This means that providers must be prudent and resourceful. It is therefore important that those entrusted with delivering EDPs have the relevant experience and qualifications to mitigate waste and mismanagement and maximise the effectiveness of those schemes. These amendments seek to ensure that those paid by Natural England have the requisite skills. I look forward to the Minister’s answer to that and to the questions raised by the noble Lord, Lord Cromwell.
Baroness Hayman of Ullock
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
My Lords, I thank the noble Earl, Lord Caithness, for his Amendments 319 and 320, which seek to amend Clause 73. These amendments specifically seek to ensure that those paid by Natural England to deliver conservation measures have the right level of expertise.
I understand that it is of course important that appropriate expertise and an appropriate person are deployed in the delivery of conservation measures. The Bill contains measures to ensure that the conservation measures within an environmental delivery plan deliver the necessary environmental improvements, with further safeguards included in the amendments that the Government have proposed.
Without the necessary expertise to deliver conservation measures, Natural England simply cannot comply with the requirements set out in the Bill when procuring conservation measures from third parties. The overall improvement test, as amended, will ensure that, when making an environmental delivery plan, the Secretary of State has confidence that the effect of the conservation measures will materially outweigh the negative effects of development. That includes confidence in the delivery of the conservation measures. Natural England will need to demonstrate that high integrity and standards will be applied in the procurement of any conservation measures and services.
As noble Lords are aware, we have introduced a requirement for Natural England to take sufficient measures to monitor the effectiveness of conservation measures and the effects of EDPs in general. That will ensure that any non-performance is addressed.
Finally, the Secretary of State will issue guidance as needed to ensure that conservation measures are designed and delivered using the appropriate expertise. The noble Lord, Lord Cromwell, asked a lot of detailed questions about how the levy will operate. If he will bear with me, I will write to him on those issues.
Amendment 320, tabled by the noble Earl, Lord Caithness, seeks to ask for “or body” to be put in after “person”. However, I can confirm that the meaning of another person in this context includes already bodies. That is the default position under the Interpretation Act 1978. I hope that reassures the noble Earl. The Bill already delivers the spirit of the noble Earl’s amendments, so I kindly ask him not to press them.
The Earl of Caithness
Conservative
My Lords, I am grateful. This has been very helpful. I beg leave to withdraw the Amendment.
Amendment 319 withdrawn.
Amendment 320 not moved.
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As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
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