I support my noble friend Lord Tunnicliffe on these amendments. While the Minister may contend that these words are unnecessary due to the phrase,
“the desirability of promoting economic growth”,
being in the clause, my noble friend’s wording provides a better balance by referring to the need not to cause harm. I have always believed that, were there to be an 11th commandment, it would be, “Thou shalt not commit pain”.
I declare my interest as a farmer. In agriculture and the environment there is often a conflict between economic development and the environment. I remember that when my noble friend Lord Whitty, who unfortunately cannot be in his place today, took the Natural Environment and Rural Communities Bill through your Lordships’ House in 2005, there was much debate concerning a conflict clause and how regulators were to balance the competing claims of economic well-being and the environment. My noble friend Lord Knight was the Minister in the Commons at the time. At the moment, he is taking part in a debate in the Chamber.
In the NERC Act we got the balance right. In that context, the regulatory functions were carried out by the Environment Agency and Natural England. While the NERC Act set up Natural England, it was correct not to include a conflict resolution clause applying to its work outside certain designated areas such as national parks, areas of outstanding natural beauty and conservation sites. In these areas, the level of importance of biodiversity and landscape had already been determined. To have included a conflict resolution clause would have seriously constrained Natural England’s independent decision-making ability, and here I echo the remarks of my noble friend Lord Rooker on his experience with the Food Standards Agency.
However, it is imperative to include the amendment in order to underline the necessity to have regard to economic development. After all, Natural England also operates in urban green spaces. It is easy to slip into automatic rejection of renewable energy—for example, solar development—as it will necessarily result in the loss of agricultural land. Each case must be taken on its merits.
I contend that the rural economy by and large already operates to the standards outlined by these clauses. However, if we are to have Clause 83 in the Bill—and here I do not wish to preclude the remarks of the noble Lord, Lord Greaves, in his stand part debate, which is to follow—we need this amendment. In the rural economy, there is already a need to balance economic, environmental and social obligations. All these factors are usually combined into the word “sustainability”.
If the intention in Clause 83 is further to alter the balance in favour of the economic dimension of sustainability and that regulators can be held accountable for the degree to which they have had this due regard, then, without this amendment, the regulating organisations could find themselves in difficulty and their environmental focus blunted. The Gangmasters Licensing Authority could find its labour exploitation focus blurred. The Food Standards Agency could find its public health focus diminished. The Veterinary Medicines Directorate could find its animal health objective confused.
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In this regard, the Sandford principle is instructive. This principle states that every effort should be made to reconcile any conflict between conservation on one hand and the promotion of access and recreation on the other, but where there is irreconcilable conflict, greater weight should be attached to conservation. Under the Natural Environment and Rural Communities Act 2006, the Sandford principle does not automatically apply to all land, as I stated earlier. How is the already established status quo, as far as it applies to the regulators I have spoken about, affected by Clause 83 such that there will not arise, once again, more confusion unless my noble friend’s amendments are included?
This is not to imply that we do not need the clause. I await the remarks of the noble Lord, Lord Greaves, with interest. Each regulator will have various principles within its functions. Each needs to support business to comply with regulation and protect the economy. We already expect agencies to determine how economic growth, prosperity and food security can be promoted without damage to the environment or reduced food safety. However, a growth duty could have a beneficial effect in reducing costs to business, where possible, and removing barriers to growth and regulatory burdens. It could be constructive in bringing about a shift in attitudes and greater connection with the business community. It could help regulators understand the key challenges facing business and how their activities set a trend and accumulate into a sum of provisions. It could be constructive in improving the necessary skills, knowledge and experience of regulatory staff.
The Office for Nuclear Regulation has contributed that these are the sorts of benefits to be brought by this clause and that it will necessitate a complete review of its strategy in this regard. So there is confusion, but if the clause is to stand part of the Bill, by necessity I support the inclusion of my noble friend’s amendment. I await the Minister’s remarks to clarify the provision in the Bill.