My Lords, it is a pleasure to follow my noble friend Lord Colgrain, and I add that deer are a problem in my part of Wiltshire. Unfortunately, they also eat my roses.
I am very glad to speak on the subject of trees, which make Britain so special, captured for eternity by John Constable and indeed by David Hockney. In my career at Defra, I legislated for and launched the farm woodland scheme, which encouraged the planting especially of native oak and beech trees on agricultural land, working with Natural England’s very professional predecessors. We also had a 33,000-hectare planting target for the Forestry Commission, which was quite forward looking, if one thinks about it.
Turning to the proposals before us, my impression is that local authorities and highways authorities are paying more and more attention to the need to conserve trees, so is there really a case for the heavy-handed and detailed regulation in Clause 109? There is a cost, not least to local authorities, and I agree with the noble Lord, Lord Kerslake, that there should be consultation on any guidance. Assuming that there is a harm and that the case is made for new powers, I would be grateful for some idea from my noble friend the Minister of the caseload expected. How will the consultation take place? For example, will there be a paper notice on the tree or nearby lamp-post? Will there be any statutory consultees and how long will it take for approvals to be given? I would also welcome confirmation that the pruning of trees will not be affected and will indeed be encouraged. In my experience, councils do not keep up to date with this at all well. Indeed, I have personal experience of an overhanging tree that was missed two or three years ago, and which is causing a lot of trouble to adjoining houses, notably mine.
We also need to be aware that nature is not the only objective in road maintenance. The safety of pedestrians, cyclists and drivers is important too. The latest fashion for leaving roadsides uncut can be dangerous, certainly in the lanes around my home in Wiltshire. The lusty green growth on banks and hedges makes it tight for passing cars and can hide cyclists, causing accidents.
Turning to the important issue of cost-benefit, apparently the costs for the felling proposals total £81 million over 10 years if you top up the figures in annexe 41, on page 260 of the statement of impacts. I await a reply from officials as to whether it is right to
tot them up in that way, but I think that the costs will be significant. Can we really justify this, or should we be finding a simpler way to deal with the problem of the cutting down of trees alongside housing?
Still on the subject of trees, I should add that I could not find an impact assessment on the forestry provisions in Clause 109 and Schedule 16, which are not being discussed. These appear to introduce very wide-ranging powers to regulate and perhaps ban imports of products such as beef, rubber or soya that might be associated with wide-scale conversion of forest. One obviously understands and supports the rationale for this—saving the rainforests—but it could have a huge impact on business and trade if done in the wrong way. The Bill’s impact assessment is of course out of date because it was prepared on 3 December 2019, and the Bill has not made as rapid progress as we would all have hoped. Is there a late addition on the forestry risk commodity proposals that could be shared with us before Report?
In closing, I recognise the significance of the Bill and my noble friend’s understandable wish to progress it, but there are many uncertainties for us to swallow because of the use of delegated powers. Even affirmative resolutions, favoured by my noble friend Lord Blencathra, do not allow amendment to a set of regulations in the light of parliamentary scrutiny, and it is very unusual for draft regulations to be withdrawn. That applies to the trees regulations as well as to several other sets.
That is why, on Wednesday, I shall be moving an amendment to sunset individual regulations after a five-year period to allow a review of such provisions in the light of a cost-benefit analysis. An amendment of this type might help to make some of us happier with the wide-ranging powers being taken here and the lack of clear plans showing how many of them will be deployed to deal with the sort of issues being raised in this group of amendments and elsewhere in the Bill.