Natural Environment and Rural Communities Bill

To put 40 noble Lords in the Moses Room is not an ideal situation. That is enough. We are moving more into the twilight hours. Let us begin. Amendment No. 111 is a probing amendment. It is based on what we see as a potential conflict between the purpose given to Natural England and the remit of the Joint Nature Conservation Committee. On page 2, Natural England is given a general purpose which is then expanded to include five aims. Those aims are not ranked explicitly, but they seem to have some sort of logical progression in descending order of gravity. I know we debated this matter at a previous stage. The first aim has two distinct parts: to promote nature conservation and to protect biodiversity. They are not the same thing, but the implication is that they are to run side by side. On page 11 of the Bill, Natural England is classified as one of the UK conservation bodies, each of which, in conjunction with the Joint Nature Conservation Committee, is then charged with duties relating to nature conservation and to fostering the understanding of nature conservation. In discharging their duties, each party must have regard to ecological changes and to sustainable development. There is no reference there to protecting biodiversity and, we believe, that having regard to,"““actual or possible ecological changes””," is weaker than the wording of the aim. The danger of conflict is made worse by the fact that the aim is not part of the Bill for the remaining UK countries and there is no guarantee that any of them will adopt it. In such cases we suggest that there is a finite risk that English Nature’s stance in the JNCC may, from time to time, be at odds with its partners and, we believe, unnecessarily so. Our proposal would confine Natural England’s nature conservation duties to those specified under the terms of the JNCC. Perhaps the Minister will tell us who is top dog—I use that expression as I cannot think of a better one. Which is the most important, the JNCC or Natural England? I beg to move.