Natural Environment and Rural Communities Bill

We have had a very interesting debate to start our proceedings today. I think it is doubtful that we will be able to debate Amendment No. 122, although we shall have to see how the time goes. If we do not debate it tonight, surely we should start with it on Wednesday. Let me deal briefly with these important amendments. I agree very much with what the noble Lord, Lord Greenway, said in his contribution. I regret that he will not be able to be with us at our next debate. It is the Government’s case that Amendment No. 111 would upset the delicate balance of the general purpose clause and would not add anything substantial to it. I can reassure the Committee, if it needs reassuring, that all the major stakeholders have had substantial input into the discussions that have resulted in the general purpose clause as currently drafted in Clause 2. Part of the reason for the choice of words in the clause is to provide continuity with the powers and activities of the predecessor bodies. By way of example, promoting nature conservation has been one of the major activities of English Nature. Although biodiversity is a broad term—and I am not suggesting that Natural England would have been prevented from promoting nature conservation—there is merit for both the staff and customers of Natural England in retaining clear links with the existing words in the legislation. The noble Baroness, Lady Byford, asked who was top dog with regard to the various purposes set out in Clause 2(2). As I hoped I had made clear the other day, in our opinion they are not in any particular order. There is no one more important than the other. They are not hierarchical in that sense; they all have equal weight. Natural England’s general purpose in Clause 2(2) encompasses the JNCC’s functions. It has to pursue certain functions through the JNCC, which is not affected by the list in Clause 2(2)(a) to (e). As to who has the final say—Natural England or the JNCC—it does not work like that. Natural England in common with the Countryside Council for Wales and Scottish Natural Heritage can exercise certain functions only through the JNCC, set out in Clause 34(2). That is a nice question when we reach that clause in Committee. Natural England’s general work on biodiversity will not be affected by the relationship with the JNCC. To put it another way, Natural England’s work with the JNCC is a narrow part of its role, and will be constrained by the role of the JNCC set out in that part of the Bill because Natural England’s overall role is much broader, and reflected in its purpose. The situation with the other conservation bodies to which I have referred is similar to the one that we propose here. We recognise the intent of Amendment No. 113 in the name of the noble Baroness, Lady Miller, but we believe that the wording in the draft clause better expresses the range of topics that Natural England should cover. You cannot promote without protecting. Equally, protecting implies enhancing. Enhancing biodiversity is also a difficult concept, as it could easily be achieved by importing non-native species. I remind the House that the provisions in Clause 2(2)(a) to (e) are not exclusive but are there only to show some of the things included in the general purpose, such as conserving, enhancing and managing the natural environment. Biodiversity is a core component of the natural environment. The choice of items in subsection (2)(a) to (e) is intended to clarify some of the things that are included in the general purpose, but also to show to staff and customers that some of the main functions and activities of the predecessor bodies have been carried forward. We believe that promoting nature conservation and protecting biodiversity is a good description of one such major area of activity. The purpose of Natural England is about outcomes that it is there to achieve. We believe that our proposal gives Natural England sufficiently wide powers to further its general purpose, and perhaps to cover the activities that the noble Baroness had in mind. We have heard powerful speeches on Amendment No. 116, which was spoken to first by the noble Earl, Lord Peel, and then by other noble Lords. I was not certain whether the intention is to replace subsection (2)(b) with this new one, or whether to add it to the list.