My Lords, I will speak to my Amendments 257A, 257B and 257C. I thank the noble Earl, Lord Devon, for adding his name to them. It is a pleasure to follow the noble Lord, Lord Krebs, so that we can debate whether the Government can be trusted to guard environmental policy and how much. In seeking to move that Clause 106 not stand part, in spite of its emphasis on conservation and biodiversity, it appears the noble Lord, Lord Krebs, would not like the Secretary of State to have any room to manoeuvre on the proposals presently part of Part 6. I declare my interests as in the register but also particularly as a livestock farmer in a national park and a member of NFU Scotland.
The Government have already passed one amendment to the wording of the habitats regulations that we were operating while we were in the EU, but it was all done so rapidly that it is not altogether surprising that they have a clause in the Bill that would allow them to modify things once the rural environment has settled down. This group of amendments is all about how far they should be able to do so as the proposal unfolds.
Noble Lords will be well versed in the Government’s 25-year environment plan, which is intended to promote a fairer society and social justice, among other things. It was published in May 2019 and outlines their proposals
but still lacks many of the mechanisms they hope to be able to use to achieve this, so it remains quite difficult to predict the outcomes.
The purpose of my Amendment 257C is to remedy the fact that in neither the 25-year plan nor this piece of legislation is there a direction to the Government to consider social and economic impacts and give them due regard.
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The Government envisage a rural area where a sizeable amount of their planned carbon sequestration and renewable energy will be sourced. I thank the NFU in London for drafting these amendments, but the extent of the whole rural economy is not exclusively involved with farming. Our concern is that agriculture’s progress on a number of fronts, including meeting net zero by 2040, or legislative requirements such as those under the NVS rules, could be thwarted. As part of these commitments, investment in more modern buildings and infrastructure to reduce our environmental footprint will have a huge role to play.
I have been informed that in practical terms, however, planning permission for slurry stores, slurry store covers and buildings are being put on hold or stopped, adding cost and significant business uncertainty, unless these developments or activities are shown not to cause adverse effects on protected sites. In addition, the mitigation expected to be put in place to allow these developments to go ahead is also undermining the investment viability of some projects. Too frequently, the countryside appears to be a zone to be protected from growth and opportunity. But, by working together to make the most of the opportunities we have, by creating jobs, boosting green economic growth, increasing exports, and improving the well-being of the population, we can build a better Britain and level up the entire country, so that no one is disadvantaged by where they live or where their business is based. Farming and rural Britain can provide solutions to many of the challenges. Simply passing legislation is not going to achieve the environmental benefits that the Government seek.
Further, it is held that, as a result of the Dutch N case, Natural England believes that it cannot advise giving permission for a building or infrastructure that will contribute to emissions reductions in areas where background levels are already above or very close to the critical levels for a protected site, even when this is to replace existing infrastructure with a more modern building. This is a particular problem for the question of betterment that is in the second amendment. Despite the fact that emissions for the new build may be reduced, it is often difficult for businesses to gain the required permissions. Enabling every individual or business to make investments that are achievable within their control has the potential to deliver significant environmental benefits, while ensuring that the business remains viable.
They will still have to adapt to fulfil many new purposes. I have heard one analysis of the farming sector that listed some of these as seeking other income, the management of carbon, of renewable energy and of the environment, becoming more efficient, creative co-operation, bringing livestock back on to farms with depleted soils, eliminating the escape of nutrients both
to the air and from the runoffs from yards, and at the same time managing the whole carbon footprint of the exercise. They will be faced with how to implement sustainable development, as their current infrastructure simply would not allow many of these enterprises, and new layers will be needed. Can the Minister confirm that a farmer’s existing permitted development rights will not be affected any more than at present by the measures in this Bill?
The 25-year environment plan may be the channel where many of these details must be managed, but the position would be immensely strengthened if Amendment 257A was on the face of the Bill. The noble Lord, Lord Krebs, and the noble Baroness, Lady Bennett of Manor Castle, have their names on Amendment 257AA in this group. At first sight, it appears to flag up a reminder to the Government of what the present rules are. They are largely composed of a number of international treaties in this field that we have been signed up to for many years. A great many of these are specifically sighted on defined sites, and that might offset the criticism of the noble Lord, Lord Krebs, about not having policies which define sites. Those mentioned by name are all international agreements, and our reputation would suffer badly if we were to break them. Would the Minister go along with our abrogating some of these treaties? I have no doubt that the Minister will tell the Committee whether he considers that repeating our commitments here is necessary.