My Lords, given the interconnections of the three instruments, I hope it will be helpful to your Lordships if I speak to all three together. The instruments before your Lordships make technical corrections to maintain the effectiveness and continuity of EU-derived legislation that would otherwise be left partially inoperable on exit.
The conservation of habitats and species regulations extend in part to the UK and to England and Wales only. The Conservation (Natural Habitats etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 relate only to Northern Ireland.
The UK Government remain committed to the restoration of devolved government in Northern Ireland. However, in the absence of a Northern Ireland Executive, UK government Ministers have decided that, in the interest of legal clarity in Northern Ireland, the Government should take through the necessary statutory legislation at Westminster for Northern Ireland, in close consultation with the relevant Northern Ireland department. In pursuing this course, we have worked closely with the Northern Ireland Department of Agriculture, Environment and Rural Affairs—DAERA —and I am most grateful for the support given by DAERA officials.
The technical changes made by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 enable the UK to continue to meet its international commitments, such as the Berne and Bonn conventions, and ensure that regulations transposing the EU habitats and wild birds directives are operable. Principally, it makes amendments to three existing instruments that
transpose the habitats and wild birds directives so that they are operable: the Conservation of Habitats and Species Regulations 2017, the Conservation of Offshore Marine Habitats and Species Regulations 2017, and the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001. The instrument also amends Section 27 of the Wildlife and Countryside Act 1981 to ensure that existing protections continue.
The Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017 are the principal pieces of secondary legislation that transpose the terrestrial and offshore marine aspects of the EU habitats directive and certain elements of the EU wild birds directive—commonly referred to as the nature directives—into domestic law. The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 apply to specific activities only in relation to the directives. The nature directives lay down the rules for the protection and management of habitats, and the protection and exploitation of species. These three regulations fulfil the objectives of the nature directives in the UK’s terrestrial areas and inland waters, and its inshore and offshore marine areas, by ensuring that activities are carried out in a manner consistent with the directives.
The territorial extent of this instrument is the United Kingdom, with exceptions. Part 2 extends to England and Wales. Part 3 extends to England and Wales, but also extends in certain circumstances to certain specified reserved matters in Scotland and Northern Ireland. We have worked with the devolved Administrations on this instrument, and where it relates to devolved matters, they have given consent. The Scottish Government are making similar changes by means of their own secondary legislation within their areas of legislative competence.
As part of national operability, this instrument implements a number of changes, one of which is a national site network. Sites designated under the nature directives have contributed to the EU’s Natura 2000 network. These sites will now form a national site network and will continue to help fulfil the UK’s international biodiversity obligations, for example under the Berne convention, where they will continue to form the UK’s contribution to that convention’s Emerald network. New Regulations 16A and 18A set out ministerial responsibility to manage, and where necessary adapt, the national site network in co-operation with Ministers in the devolved Administrations. That obligation will be exercised with the support and expertise of the statutory nature conservation bodies. The network’s management objectives look to secure compliance with the overarching aims of the habitats and the wild birds directives.
I turn to the issue of reporting. To ensure transparency and accountability, Ministers will produce reports on how the regulations are being implemented within six years from the date of exit and every six years thereafter. The Secretary of State will compile these reports into a combined UK report within two years of that. This is in line with existing reporting requirements, and the reports will be publicly available. The requirement for biennial reporting on exemptions or derogations from the strict protections for habitats and species is maintained.
Let me turn to the designation of special areas of conservation. Functions currently undertaken by the European Commission in designating any future SACs will be transferred to Ministers. Ministers will assess new SAC proposals acting on specialist advice from the appropriate nature conservation body. In Defra’s case that will be Natural England, along with the Joint Nature Conservation Committee, using existing criteria.
I turn now to imperative reasons of overriding public interest. This instrument transfers the role of the European Commission to Ministers in being able to offer an opinion to local decision-makers such as local planning authorities. The opinion concerns whether imperative reasons of overriding public interest may apply in the granting of a planning application for a proposal which may adversely affect priority habitats, but where there is no feasible alternative. In doing so, Ministers will need to take account of the national interest and consult widely, including the Government and the other devolved Administrations, along with the Joint Nature Conservation Committee. It is my understanding that imperative reasons of overriding public interest have never been deployed in relation to priority features with regard to planning proposals anywhere in the UK, in that no file or dossier has been submitted to the European Commission for an opinion.
I will now address the amendments to annexes and schedules. A new instrument-making power allows Ministers to make amendments to the annexes and schedules where this is supported by technical and scientific progress. This brings into a national context provisions which already exist at EU level. The devolved Administrations will have the same powers. Any amendment under this provision which cannot be supported by expert opinion is open to challenge in Parliament or the courts. This instrument will ensure that the strict protections that have been in place for many years for our most vulnerable habitats and species are maintained when we leave the European Union.
On consultation, although there was no statutory requirement to consult publicly on the instruments, officials undertook engagement with key stakeholders. Indeed, following concerns raised by the RSPB, we chose to withdraw and re-lay the SI to provide absolute legal clarity that the management objectives of the new national site network to protect wild bird species and their special protection areas remain equivalent to those in the wild birds directive. The RSPB and Greener UK have welcomed this. It is a very good example of where there has been consideration by people who can look at these things with a fresh eye, and we were absolutely seized of the importance of making it absolutely clear. So I welcome this as an example of where, if one does not get it perfect the first time, let us try again.
I turn to the Conservation (Natural Habitats etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019. As I have said, these regulations extend to Northern Ireland only. Importantly, they mirror the five main changes to the regulations I have just set out—in short, replicating for Northern Ireland Parts 1, 2 and 3 of the England and Wales legislation. It was felt that Northern Ireland officials should draft a separate regulation for two reasons. First, nature conservation is a devolved function in Northern Ireland.
Secondly, the structures in Northern Ireland are different from those in England and Wales in that DAERA, a government department, undertakes all aspects of nature conservation. Therefore, many of the amending clauses could not simply be replicated for all three countries, and several Northern Ireland amendments would have to sit separately in any encompassing statutory instrument.
As is evident, Northern Ireland is unique within the United Kingdom as it shares a land border with the Republic of Ireland. There are excellent working relationships on nature conservation between officials in Northern Ireland and their counterparts in the Republic. This co-operation occurs within a framework of the North/South Ministerial Council, in which the environment is identified as an area of joint working. For example, the Loughs Agency is a cross-border body set up under the 1998 Good Friday agreement to manage commercial fishery activity in Lough Foyle and Carlingford Lough and to undertake valuable work in the conservation of vulnerable species. Similar arrangements apply on an east/west basis. The British-Irish Council has played a positive role in nature conservation issues, for example the sharing of information and experiences on the many invasive alien species threatening our important habitats. The council has also supported initiatives such as an all-Ireland pollinator strategy, which contains practical actions and information designed to increase the number of pollinators throughout the island of Ireland.
Finally, I turn to the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019. These regulations address failures of retained EU law to operate effectively with regard to six pieces of Northern Ireland primary legislation and two sets of regulations, as set out in the Explanatory Memorandum. The regulations are similar to the amendments made to legislation in England and the UK by the Environment (Amendment etc.) (EU Exit) Regulations 2019, which have already been affirmed in both Houses. We have a separate set of regulations for Northern Ireland, as in the areas covered there is a well-established body of Northern Ireland legislation. Where there are already UK-wide instruments, we have taken forward regulations that include Northern Ireland and other jurisdictions. Taking forward Northern Ireland-only amendments in this case helps preserve the integrity of Northern Ireland’s statute book—albeit that the amendments are being made by UK statutory instruments rather than by the normal Northern Ireland statutory rules.
As an example of the amendments made by the instrument, Regulations 15 to 17 make changes to the Producer Responsibility Obligations (Northern Ireland) Order 1998, replacing,
“obligations of the United Kingdom under the Community Treaties”,
with, “retained EU obligations”. This is an example of where, if we did not make the amendment, the references to the UK’s obligations under community treaties would be inoperable as there would be no obligations.
In this instrument there is no policy change and—I must emphasise—no reduction in the environmental standards or obligations to which Northern Ireland is currently subject. I beg to move.
4 pm