Natural Environment and Rural Communities Bill

My Lords, I beg to move that this Bill be now read a second time. The Natural Environment and Rural Communities Bill lays the foundations for a more holistic and, we believe, for a more effective approach both to the natural environment and to rural communities. The context of this Bill is the vision of rural England set out in the Government’s Rural Strategy and Rural Manifesto. It builds on the work done by my noble friend Lord Haskins in his 2003 Review of Rural Delivery. I should like to take this opportunity to pay tribute to my noble friend for his work. It is this review that has provided the context and indeed the basis for much of the Bill. Our vision is of a better quality of life for all, with particular emphasis on improving the quality of life of the most disadvantaged. This vision has at its heart the pursuit of sustainable development so that social, economic and environmental issues are all taken into account in shaping policy. Economic prosperity underpins the provision of good public services and other social and environmental benefits. Equally, a healthy environment and a just society are essential for economic success. The Natural Environment and Rural Communities Bill will create simpler, stronger organisational structures and transform the way in which we deliver rural and environmental services. It will create a flexible structure of delivery which is both fit for purpose today and able to evolve to meet challenges ahead. Perhaps I may now take your Lordships through a summary of the Bill as shortly as I can. The Bill will establish Natural England as a powerful, independent non-departmental public body. Natural England will be a robust and influential champion of the natural environment. It will inherit the important work English Nature has carried out to champion biodiversity, the expertise of the Rural Development Service in delivering the environmental stewardship schemes and the Countryside Agency’s successes in enhancing the landscape and improving access and recreation in the countryside. There have been concerns that Natural England will not be ““sufficiently environmental””. I should like to make our intentions clear on this point. Natural England will be an environmental organisation. This is encapsulated in its purpose, powers and duties and will be reflected in its expertise. It will be expected to contribute to sustainable development, but helping economic development or social justice will provide its decision-making context, not its core purpose. By operating in a sustainable development context, Natural England will actively seek long-term economic and social benefits and avoid unnecessary negative economic and social impacts. We expect Natural England to be a trenchant champion of the environment. Concerns have also been raised about Natural England’s independence. Natural England will be a key independent adviser to government, public authorities, its stakeholders and customers—and, significantly, no less independent than its predecessor bodies. The Bill sets out a wide range of powers and levers for Natural England. Together with the broad and enabling purpose, this framework strikes the right balance between freedom and prescription for Natural England to develop a progressive, wide-ranging approach towards its environmental aims. I believe that it is right for Natural England, as an independent body, to make judgment on how best to manage its priorities and any conflicts that might arise, rather than for these to be prescribed at the outset by government. I am pleased to be able to inform the House that my right honourable friend the Secretary of State has asked Sir Martin Doughty to take on the role of chair designate of Natural England. As many noble Lords will know, Sir Martin has a wealth of experience from his time on the boards of the Peak District National Park and the Countryside Agency and, more recently, as chair of English Nature. The Bill will also establish the Commission for Rural Communities as a strong, independent rural advocate, adviser and watchdog. It will ensure that policies and delivery reflect the needs of people living and working in rural England, focusing particularly on disadvantage. The House knows very well that social and economic disadvantage are very serious issues for rural people and communities, despite the general prosperity, as it is perceived, of our countryside. The House is always—and rightly, in my view—reminding the Government of the need to tackle issues such as social disadvantage, poverty and economic exclusion. Establishing the new independent Commission for Rural Communities is one of the ways in which we will do just that. The Commission for Rural Communities, currently operating as a division of the Countryside Agency, has already told us in its State of the Countryside 2005 report that more than 402,000 rural households have an income which is less than 60 per cent of the English average and that in some rural communities, on the other hand, average house prices are around 10 times the local average household income. There are other reasons, too, why we should focus on ““rural””. Nearly 20 per cent of the population in England live in rural areas—approaching 10 million people—and a quarter of all enterprises are located in rural areas. It is in the interests of our country as a whole that the needs of the rural population and rural businesses are listened to, examined and addressed. It is not as simple as treating rural issues as being entirely separate from the rest of the community. In many cases, those issues are the same or similar. But we need to recognise that different solutions may be needed, tailored to meet the particular needs of rural communities. For example, the number of people over 65 in rural areas is proportionately higher than it is in urban areas, and growing at a faster rate. The nature of social disadvantage in rural areas is also more scattered, obviously, than in urban areas. Our rural communities will feel most acutely the demands that these factors will have on public and voluntary services during the next 20 to 30 years. We cannot forget that the patterns of economic development in rural areas are different, with much greater reliance on very small businesses and a consequent need for initiatives aimed at small and medium sized enterprises to take particular account of issues affecting rural business. That is why the new commission is so important. It will ensure that the rural voice is heard, play a significant part in what has been described as the ““rural proofing”” agenda, and make sure that policies, whether developed in Whitehall or town hall, are made relevant to our rural communities. Part 2 of the Bill updates and modernises provisions relating to a fairly wide range of legislation concerning the natural environment. It reconstitutes the Joint Nature Conservation Committee as a UK-wide organisation, formally extending its remit to Northern Ireland and setting it in the context of sustainable development. Part 3 introduces a number of important improvements to wildlife and habitat legislation, all of which follow lengthy consultation. These include a provision which extends the duty to have regard to biodiversity, introduced in the Countryside and Rights of Way Act, to all public bodies. This will help to ensure that biodiversity becomes a natural part of policy making. This part also includes a range of measures to strengthen wildlife protection. It makes amendments to that Act to improve protection for native animal and plant species, and introduces a new and important provision to increase the protection afforded to wildlife from pesticide abuse. In addition, it takes the opportunity to strengthen wildlife enforcement provisions to help ensure compliance with wildlife protection legislation. Part 4 creates two new offences to assist the management and protection of sites of special scientific interest: to enforce an existing duty on the part of public authorities and to help further deter intentional or reckless damage. The national parks, broads and areas of outstanding natural beauty are recognised as our finest landscapes and as leaders in sustainable land management. Part 5 contains provisions to ensure that the statutory framework is sufficiently clear and flexible to enable them to operate efficiently and effectively. I shall return to Part 6 in a moment. Part 7 reconstitutes the Inland Waterways Amenity Advisory Council as an independent body supported by Defra and by the Scottish Executive. A central part of the Government’s rural strategy is to improve enjoyment of an attractive and well managed countryside for all. The Countryside and Rights of Way Act created a new right of access to some of the finest countryside in England and Wales and introduced a range of measures to improve the rights of way network. The CROW Act strengthened Section 34 the Road Traffic Act 1988, under which it is an offence to drive on footpath, bridleway or off road, but in recognition of continuing widespread concern about the negative impacts of both illegal and legal use of rights of way by mechanically propelled vehicles, the Government launched a public consultation in December 2003. In January of this year, the Government published their conclusions. The main thrust of their response was twofold: first, to encourage more effective use of existing legislation and best practice in the regulation and management of mechanically propelled vehicles on rights of way and in the wider countryside. Guidance on this will be published before the year is out. Secondly, to change the legislative basis on which motor vehicular rights of way may be established. That change is what lies behind Part 6 of the Bill, which curtails the scope for establishing rights of way for mechanically propelled vehicles by extinguishing those rights, so that they cannot be claimed and recorded on the definitive map and statement, which is the local authorities’ legal record of rights of way in England and Wales. This is a radical step, which should not be underestimated. Your Lordships will be aware that there has been considerable interest in these provisions throughout the Bill’s passage, with cross-party pressure to commence them as soon as possible. My honourable friend the Minister for Rural Affairs made clear in another place that the Government intended to introduce a package of measures in your Lordships’ House to commence the provisions as soon as possible after Royal Assent. Legal advice is currently being sought on how to deal with any byway applications made between now and commencement, and how to treat existing, outstanding applications in a way that is fair and appropriate. I hope to be able to share the text of those amendments shortly. Our aim is to safeguard and strengthen the future of the rights of way network for the better enjoyment of all. Part 8 of the Bill contains a range of measures that aim both to modernise delivery today, and to secure organisational flexibilities for the future. Chapter 1 enables the Secretary of State to enter into agreements with what are described as designated bodies to allow those bodies to perform functions—effectively for the Secretary of State to delegate environment, food and rural affairs functions. It also, importantly, includes provision for delegation agreements between designated Defra delivery bodies and local authorities. Those deregulatory provisions are an important part of Defra’s work on better regulation. They will give Defra and its bodies the flexibility needed to look at the best ways of delivering services to customers, and provide a mechanism to avoid duplication and waste. Importantly they also remove the legal barriers to allow Defra’s delivery bodies to work together in closer partnership—for example, as we have heard in this House, on inspections, so that there are fewer inspectors walking up the farmer’s path. It is important to note that these agreements allow for the delegation of the delivery but not the accountability of functions, which remains with the original body. That ensures that accountability to Ministers and Parliament is not eroded. Chapter 2 gives the Secretary of State powers to establish new bodies for agricultural and related industries and to amend or dissolve existing levy bodies for the purpose of helping to develop and promote agricultural and related industries. As the House will be aware, the Government have commissioned a review of levy boards, which I can confirm will be published on Friday. We shall consult widely on the findings of this review, and consider all views, before deciding exactly how to implement them. The provisions provide flexible enabling powers to implement the conclusions following that consultation on the review. The Bill contains an ambitious, but I hope not too controversial, programme of change and reform. While I recognise that certain areas will generate more heated debate than others, I hope we shall be able to focus on the very real and practical benefits which the Bill will bring. It will benefit rural businesses, it will benefit rural people, it will benefit the environment and, moreover, it will benefit the taxpayer. The Bill is an integral part of the Government’s rural strategy and has been well received both by the organisations most affected by it and by Members in the other place. I am grateful to all who have engaged in the debate and dialogue on it to date, both at seminars and in bilaterals. I should finally like to take this opportunity to thank my predecessor, my noble friend Lord Whitty, for his invaluable input during the Bill’s early stages. I hope—and I hope not in vain—that the Bill will be given a positive and constructive passage through the course of its proceedings in this House and look forward to working with your Lordships to improve the Bill as it progresses. I commend the Bill to the House. Moved, That the Bill be now read a second time.—(Lord Bach.)