Climate Change Bill [HL]

I hope I misunderstood my noble friend Lord Clark. These are not government amendments; they are opposition amendments, so we do not accept them, and I am going to explain why. The noble Lord’s worry about going back to the department does not stand up. Because of the concentration on flooding and the lateness of the hour, I will not use a good part of the general speaking notes; I will concentrate on those aspects about flooding. We accept that there may be a case for revising arrangements for the co-ordination of flood risks. We need to think this through in detail, especially in light of the recommendations from the review by Sir Michael Pitt on the flood-related emergencies which occurred last summer. In his interim report, launched on 17 December, Pitt states that flood-risk management is a complex area, and that the lack of clarity and responsibility is equally challenging. He goes on to say that the current patchwork of legislation and responsibilities is not helpful and needs addressing. One of the interim conclusions is that flooding legislation should be updated and streamlined under a single unifying Act addressing all sources of flooding, clarifying responsibilities and focusing on a risk-based approach to managing flooding. Defra is currently developing a more integrated, holistic approach to all forms of inland flood risk, across a range of government policies. A key element of this is the Making Space for Water project, which is developing a new strategic overview for the Environment Agency. In defining the new role, the projects considering the existing relationship between flood-risk management organisations include local authorities, the Highways Agency, Ofwat and water companies, who are determining how it will work in practice. A core component of the strategic overview is the better management of surface water flood-risk, including resolving the current complex institutional arrangements and the use of sustainable drainage systems, both of which we will be considering early this year as part of the new water strategy. The project is drawing evidence from the integrated urban drainage pilots and the lessons learnt from the summer 2007 floods. That would include the report specifically from Hull and other local areas. It is essential that the Government do not make hasty decisions on an issue of such importance as overall responsibility and, first, we must properly assess the evidence. That evidence is being collected in the Pitt review which does not report finally until summer 2008. Consultation is under way on the very substantial interim conclusions. Introducing an amendment in the Climate Change Bill would pre-empt the water strategy, any associated consultations and Sir Michael Pitt's final report which, as I said, is due to be delivered by summer 2008. The amendment is also at odds with one of Pitt's interim conclusions, which is to deliver updated and streamlined legislation under a single unifying Act. The Government are committed to early action on the urgent Pitt recommendations, including better identification of areas at risk from surface water and groundwater flooding; and they are committed to bringing forward a complete package of measures that will ensure that flood risk is managed in a sustainable and holistic manner, avoiding a piecemeal approach to managing risk. The Government plan to co-ordinate the assessment of the risks to the natural environment and the strategy needed to address these risks as part of their commitments in the Bill under Clauses 48 and 49, which we have already debated. In this regard we expect Natural England to play an important role in advising the Government of the risks to the natural environment and making suggestions on how a strategy should be developed. But Natural England is only one of a number of organisations with responsibilities for the natural environment. We expect other organisations to share their thoughts about how climate change is impacting the natural environment. We plan to make use of a range of expert advice, including, but not limited to, public authorities, in the assessment of risks to the UK from climate change and we will co-ordinate the assessment as whole so that it is possible to look across the range of issues—economic, social and environmental—and understand adaptation in the context of sustainable development. We also need to play a co-ordinating role so that adaptation actions by one organisation do not undermine those of another, particularly with regard to the natural environment. It is a petty point to make, but one has to look at it. Natural England has no responsibility for the natural environment in Scotland, Wales or Northern Ireland. We need to work with the devolved administrations in the assessment of the risks to the natural environment in the UK. From the marine perspective this amendment would cut across existing arrangements that we have in place on this issue. The Government have a comprehensive and integrated monitoring programme on the marine environment, including climate change aspects. We are on the way to comprehensive and integrated strategies regarding adaptation under our marine objectives work, shortly to be issued under the marine strategy directive, and in due course after the marine Bill, with the marine policy statement. It is worth pointing out—it is not a petty point but it may be useful for later as it is a technical point on the amendment—that it would be unusual to try to confer formal functions on the Environment Agency and Natural England simply by amending their general purposes. It would be better to give informal duties and/or powers to do the job. I say that for the betterment of those who draft the amendments—there is a place to put them and a place not to put them. I want to make it absolutely clear that so far as the Government are concerned, both Natural England and the Environment Agency are already providing incredibly valuable advice to Government on flooding and climate change, including adaptation. Work is ongoing in those areas with both those very important agencies.