My Lords, I agree with the noble Lord, Lord Kerslake, that decisions on the felling of roadside trees should remain a matter for local determination, and I support Amendment 257E. It is right that the Secretary of State should have to consult extensively with local authorities before he issues guidance on a public consultation, as provided for in Clause 108, which adds a new section to the Highways Act 1980. There is a risk that the new duty will be too bureaucratic, and care should be taken to ensure that any guidance issued does not encourage that.
I also support the noble Lord in his Amendment 257F, which allows local authorities to decide which exemptions there should be to the new duty to consult before felling any roadside trees. Councils should be free to take quick action to protect the public from harm, including against the spread of pests and diseases. Councils do not always get these things right, however, and the Committee may remember the outcry when South Tyneside Council cut down six horse chestnut trees to prevent children gathering conkers in 2004. At the time, my noble friend Lord Callanan was MEP for the north-east, and he described the pruning as
“the nanny state gone mad.”
He said that:
“In years gone by people didn’t try to rule lives in quite the same way as this. I wonder if the council will follow this to its natural conclusion and cut down all the trees in South Tyneside so that children won’t hurt themselves climbing up them.”
I hope that any guidance issued by the Secretary of State with regard to the felling of trees would aim to discourage councils from taking such disproportionate action to prevent the citizen from each and every risk he undertakes when he passes his garden gate.
As for Amendment 258 in the name of the noble Baroness, Lady Young of Old Scone, I think it may be unnecessary, because ancient woodland sites worthy of protection are already included within the category of sites of special scientific interest. I cannot see any sufficient reason to create a separate category of land—
ancient woodland—which, as the amendment is drafted, does not even need to be of special scientific interest to qualify for Natural England’s protection.
I am not sure that I can support Amendment 259, also in the name of the noble Baroness, Lady Young. I understand that they think that a policy of diversity and freedom of movement, as far as flora and fauna are concerned, could introduce unwanted tree diseases, but could it not equally prevent the importing of other tree species with genetic resistance to diseases? What would Capability Brown and Humphry Repton have achieved without the exotic cedar of Lebanon or the magnificent Wellingtonia? I confess that I am sceptical about whether the Secretary of State’s adoption of a “biosecurity standard” would actually have a positive impact on the natural environment.
I have some sympathy with the noble Baroness, Lady Young, in her Amendment 260, because the tree strategy is perhaps too modest in its aim to raise England’s woodland cover from 10% to just 12% by 2050. The Conservative Party’s manifesto commitment was to plant 30,000 hectares of trees a year across the UK by 2025. It is therefore impossible to measure the extent to which the tree strategy meets the manifesto commitment, which sadly shows yet another instance where the devolved authorities will not, but should, co-operate together to agree on a single national tree strategy.
Sir William Worsley, chairman of the Forestry Commission, has said that it will work with the devolved Administrations to deliver a UK-wide step change in tree planting and establishment. I am not sure whether the England trees action plan is exactly the same as the proposed “Tree Strategy for England” from the noble Baroness, but given the number of statutory targets proposed in the Bill, the absence of one for trees seems to stand out. I look forward to hearing my noble friend the Minister’s views on this.
I also sympathise with Amendment 260A, in the names of the noble Earl, Lord Kinnoull, my noble friends Lord Colgrain and Lord Caithness, and the noble Baroness, Lady Young. However, I am not quite sure how the standard would actually work. As the Committee is aware, deer and grey squirrels, among other species, can cause great damage to young trees. I worry that the Animal Welfare (Sentience) Bill, now before your Lordships’ House, may become a medium for increasing restrictions on the control and culling of animals that cause damage to young trees. Does my noble friend the Minister recognise that the entire countryside and farming community would applaud him if he and my noble friend Lord Benyon were to make the sensible decision to withdraw that Bill and use the available parliamentary time to better effect?
Lastly, I will comment on Amendment 283, in the names of the noble Baroness, Lady Jones of Whitchurch, and others. First, its heading refers to the burning of peat, but the text of subsection (1) refers to the burning of vegetation on peatland. As has been pointed out, the two are very different. The prohibition of the rotational burning of heather is likely to increase the burning of peat because old, dry heather is very susceptible to uncontrolled wildfires in the summer months, which are much more likely to lead to the burning of peat.
My experience of assisting my father in managing moorland in Angus, in the 1960s, 1970s and 1980s, showed that the rotational burning of heather is hugely beneficial to biodiversity. Moorland where this is practised sustains much greater numbers of butterflies, caterpillars, hen harriers, golden plover, black game and short-eared owls, besides the obvious higher numbers of red grouse.
Could the Minister confirm his remark on 18 March, that the Government will
“continue to listen to the science and keep our policy and our minds open”?—[Official Report, 18/3/21; col. 529.]
In any event, I cannot support this amendment, which I think would have an effect that is the reverse of its mover’s intent.
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