My Lords, I join my noble friend the Duke of Montrose in suggesting that it is difficult to welcome regulations when so much of the detail is in the guidance, of which we have not had sight. It would have been helpful if the guidance could have been published at the same time as the regulations so we could see how they applied.
My starting point is the fact that it takes 200 years to create a peat bog. It is obviously a cause of celebration that the UK has 13% of the world’s blanket bog and that 40% of England’s deep peat reserve is made up of blanket bog. North Yorkshire has made its contribution to creating a new peat bog when we had the Pickering “slow the flow” pilot scheme, which included, among other measures, creating dams and mini bunds, planting trees to soak up water where appropriate and creating a peat bog.
I think the noble Baroness, Lady Jones of Whitchurch, has raised some valid points but part of the reason that I will not be supporting her Motion today is that a lot of her concerns will be addressed in the guidance, one would hope. It is important to note that burning will take place only during the burning season, from 1 October to 15 April, which is the wettest time of the year in my experience. It is very seldom that we have a drought during that time. There are powers with Natural England to take action for future events—which I realise is after the event—through Regulations 6 and 7 if a party breaches the terms of the regulations. With those provisos, I am prepared to accept the regulations before us this afternoon. It is a cautionary message to the wise that we should have the guidance at the same time as the regulations are before us.
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