I am pleased to speak in this vital debate. Given the short time that we have, I shall focus on new clauses 21 and 22, two wide-ranging new clauses tabled by the Government, and my amendments (a) and (b), which I plan to press to a Division.
These new clauses would give the Secretary of State the power to amend the Conservation of Habitats and Species Regulations 2017. These are critical pieces of
legislation, the mainstay of conservation law. Although there is undoubtedly a strong case for aligning laws that protect habitats and species with the goal of halting the decline of nature by 2030, I am concerned that the Government proposal is for new regulations that in fact could replace the habitats regulations and risk losing vital protection for wildlife, rather than adding to them. Yet the Bill is not a replacement for the nature directives. They serve two distinct purposes. The first—the Bill—sets an overarching nature’s recovery. The second provides protection for particular species and habitats, including particular local populations and individual specimens.
In order to fully restore nature, we need both species and site-specific protection, as well as a bold overall goal. As these new clauses are currently drafted, though, they risk removing the much needed protection of species and nature-critical areas, such as great crested newts or special areas of conservation, with significant damage to particular wildlife being masked by hoped-for overall trends of improvement. We know that the scale and health of individual populations are crucial to restoring biodiversity. I am also concerned that there has been no prior consultation or engagement with stakeholders on these amendments and that neither an impact assessment nor the supplementary delegated powers memorandum has been published.
In the light of those concerns, I have tabled two small amendments to new clause 21, simply replacing “instead of” with “in addition to”, which would ensure that the existing objectives in the Conservation of Habitats and Species Regulations are not replaced, but added to. They would enable the habitats regulations to be aligned with the objectives outlined in the Environment Bill without risking the protection of specific sites, species or populations.
These amendments are not about being frozen in time. I recognise that change is necessary—I was online earlier listening to the Minister’s introductory remarks, so I heard what she said—but the new framework must be about improving environmental protection rather than creating the potential at least to weaken it. Even if this Government have no plans to weaken regulations, as I hope they do not, this is a once-in-a-generation Bill and it must be future-proofed. There is no guarantee that a future Minister in a future Government will not choose to use this opportunity to water down protections, and we need safeguards against that. These are therefore entirely reasonable amendments, which I hope very much the Government will support.
In the last bit of time that I have left, I simply want to say a few words about new clause 16, tabled by the right hon. Member for Chipping Barnet (Theresa Villiers), which would make the protection of biodiversity a condition of planning permission. I am sure the Minister is aware of the threat currently faced by Knepp estate, one of the UK’s best known and most successful rewilding projects, by a development being proposed by Thakeham Homes, which would destroy local habitat and obstruct vital wildlife corridors and connections between Knepp and neighbouring areas. As this project will deliver on the objectives laid out in the Environment Bill, I would welcome confirmation that the Minister is in contact with the Secretary of State for Housing, Communities and Local Government to ensure that he is championing its cause and will intervene in this case.
It has been 25 years since the last UK-wide Environment Act was passed. In that time, the speed and scale of destruction have increased dramatically. We need a bold new Bill and we need to do more to make this Bill what we need.