Natural Environment and Rural Communities Bill

That is rather what we thought. The addition to the general purpose of Natural England, to refer to the Convention on Biological Diversity, as the noble Earl concedes, overlaps with Clauses 41 and 42. While Clauses 40 and 41 do not have the same effect as the intention behind the amendment, our view is that the amendment is still not necessary. Clause 42 places a specific duty to have regard to the United Nations Environmental Programme Convention on Biological Diversity on Ministers of the Crown and government departments in England, but does not extend to other public bodies. This is because the convention is an international treaty and relates to actions of governments on biodiversity. But since Natural England will have expertise and statutory functions relevant to the convention, Ministers will obviously look to it to deliver many of its obligations in England. I draw the noble Earl’s attention to Clause 41(2), which makes it clear that the Secretary of State must consult Natural England before publishing any list of species of principal importance to the conservation of biodiversity. The noble Earl said that the Bill must include positive action to enhance biodiversity. That is included in the general purpose in Clause 2(1), which provides for Natural England to conserve, enhance and manage the natural environment. It is for the board of Natural England to decide precisely how best to enhance biodiversity. The points made by the noble Earl and those who support his amendment are important. I want to consider exactly what they have said, without any hint that we might change our minds However, I want to give those well thought-out remarks the respect they deserve. Indeed, it may be possible to debate this again at a later stage in Committee, when we reach Clauses 40 and 41.