Natural Environment and Rural Communities Bill

I am not sure the noble Duke is not reading more into the giving of advice. We do not envisage in any way that Natural England will charge for unsolicited advice. Amendment No. 135 seeks to make it explicit that Natural England should advise the Government and that the Government should have regard to that advice. I am sympathetic to the rationale behind this amendment but I am not sure that this change would add anything of practical significance. Natural England’s purpose makes it clear that the body is one of the Government’s experts on natural environment matters and one of the principal means of delivering the Government’s programmes. This clause already goes one step further. Ministers, as I said to the noble Baroness, are among the public authorities to which it applies, including the requirement that an explanation must be provided for any advice sought from Natural England which is rejected. We do not think it necessary to say more about Natural England’s advisory role towards Government. I was also asked about the marine Bill. We do not want to say more at this stage about the situation in the marine area. As the noble Baroness, Lady Miller, knows, we are considering what changes are needed, if any, and we will consult shortly. Having said what I did about the public authorities, I do have some concerns about the precise working of this amendment. I cannot make any promises, but will consider the general aim of the amendment before Report in order to see whether the existing clause can be bolstered or made more explicit. Amendment No. 149 seeks to remove Natural England’s power to give advice of its own volition. We think it essential that this function remains on the face of the Bill. Natural England’s advice will often be challenging. If it is to be the powerful champion that I think all sides of the Committee are seeking, it must promote its views both to those who want to receive advice and, often, to those who do not wish to do so. I was asked about memorandums of agreement. Partnership working was one of the main themes of the rural strategy, and the Forestry Commission and Environment Agency were identified as key partners for Natural England. Rather than setting the relationship between the three bodies in stone in the legislation, a more flexible approach will be taken. Partnership arrangements covering respective roles and responsibilities and how these will operate in practice will be set out in agreements between those bodies; for example, work is already under way on a three-way memorandum of understanding between them. This flexibility is important, as it will enable the three bodies to adjust how they work together in the future, learning from experience and taking account of new challenges and tasks. The memorandum is being drawn up at this stage. It would be remiss of me, in asking noble Lords not to press these amendments on the basis of what I have said, not to agree totally with the noble Baroness, Lady Miller of Chilthorne Domer, about the valuable work often done by the MoD on land for which it is responsible in the field of biodiversity.