My Lords, I thank the noble Lord, Lord Redesdale, for tabling his amendments to include references to heritage and cultural matters in Part 1 of the Bill. I very much enjoyed his speech. I should be happy to meet and will be in touch with him via our office tomorrow.
I will focus first on the legal definitions. The definition of “natural environment” in the Bill, as opposed to in common parlance, was created with two specific aims in mind: to define the scope of the OEP’s enforcement function and to underpin the purpose and scope of the environment improvement plans. This definition, therefore, has specific legal effects which are confined to this Bill. It is not intended to have a wider application.
I worry that, if we were to include heritage in the definition of environmental law, as set out in the Bill, this would then become part of the enforcement remit of the OEP. It would mean that the OEP would have an enforcement remit over such areas as listed buildings—which the Government do not want. I do not think this is what stakeholders want either. This is not the impression I have had from speeches today or from my discussions with stakeholders.
However, I hope the noble Lord, Lord Inglewood—I pay tribute to his speech, which was beautifully delivered and crafted—and others who raised the same issue can be assured that the historical environment will nevertheless be considered when the Government prepare environmental improvement plans for the natural environment. We recognise the important links between our natural and historical environments, of course, for all the reasons so eloquently laid out today and more—for example, from a purely nature point of view, the peregrine falcons that have made Ely Cathedral their home.
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I will address some of the points raised by the noble Lord, Lord Carrington, and the noble Viscount, Lord Trenchard, on the new ELM system. Both noble Lords were keen to see ELM used to fund monuments, architectural features and the like—cultural landmarks—that need protection or investment. The problem with that is that ELM is a replacement of the common agricultural policy. It exists to support land use. Initially, it was all about agriculture and food production. We are expanding it to cover things that the market does not recognise, but it is not a limitless fund that can be used to fund things the CAP was not funding, outside the remit of land use.
There are many things that we would like to see funded. Everyone in this Chamber could fill reams of paper with things they would like to see the Government funding, but we cannot squeeze everything into ELM. If we did, ELM would simply not be able to do the job it is supposed to do. My worry and concern is that ELM, despite being a pretty hefty pot, based on the budgets set by the common agricultural policy—we are keeping the same level of funding—will be stretched when it comes to the monumental task we have of restoring the British countryside and biodiversity.
When it comes to funding, I do not see any mechanism that would enable Defra, with its limited budget, to pick up this vastly important but very expensive area of activity. It is not something that Defra has done or can do. It is very much a job and a responsibility for the DCMS. The Government are very aware of the impact that Covid has had on heritage organisations, businesses and pretty much every sector in our economy, which is why the DCMS, with the Treasury, created a cultural support package of £1.57 billion. That was not a Defra fund but a DCMS fund controlled by the DCMS—not that we have not attempted at times to influence the manner in which that money has been spent.
The noble Lord, Lord Carrington, made the additional point that the incentives in ELM may not be sufficiently attractive to encourage productive farms to dip into ELM. That is not a problem. He may be right or wrong—we will see where the market goes—but it does not matter. If a productive farm does not want to take full advantage of ELM, that is the choice of that productive farm. There is still a baseline of regulatory protections that would prevent any farm doing things to the environment that we do not want to see happen. Not every farm has to take full advantage of ELM. However, a vast number of farms are dependent—some are completely dependent for almost all their income—on subsidies. Those farms and areas of land, and the landowners who control them, will absolutely be dipping into ELM and delivering public goods of the sort that have not been delivered to date. I do not see that as a problem. We are creating an incentive and signals, and it will be for landowners to decide how they wish to respond to that.
I thank the noble Lord, Lord Blencathra, for reading that absolutely wonderful passage by Bill Bryson. I cannot add anything to something as beautifully written —or read, in fact—as that. I appreciate his having read it; it was a wonderful addition to this very long, marathon session we are having.
To continue, our 25-year environment plan committed the Government, as I said earlier, to
“safeguarding and enhancing the beauty of our natural scenery and improving its environmental value while being sensitive to considerations of its heritage.”
Under the Bill, the 25-year environment plan will be adopted as our first statutory environmental improvement plan, which means that the recognition of the value of heritage is effectively part of the Bill through this plan. We hope that this will set the benchmark for future plans, including how to balance environmental and heritage considerations going forward. As part of developing future environmental improvement plans, we will also work with colleagues in the Department for Digital, Culture, Media and Sport—DCMS—to identify areas where we can drive mutually positive impacts on the natural environment and heritage.
Finally, I turn to Amendments 290 and 291, tabled by the noble Earl, Lord Lytton. I assume that it is okay to comment on them, given that they were not formally moved. They are important amendments, so I would like to, unless someone objects. I am sure he had in mind when tabling those amendments the significant contributions that our national parks have made to local economies through visitor numbers, particularly during the pandemic, when access to nature has become much more valued than perhaps it was. The recent independent Landscapes Review made several recommendations, including a new statutory purpose for national parks and areas of outstanding natural beauty to
“foster the economic and community vitality of their area”.
Therefore, we will consult on draft proposals in response to this review later this year.
The Government are continuing to work with stakeholders to better understand both the benefits and implications of a new statutory purpose for national parks and areas of outstanding natural beauty. There are differences of opinion on both sides of the argument about whether national parks and areas of outstanding natural beauty should have an additional statutory purpose. That is why the Government believe that they should consult widely before making a final decision on whether to amend either the National Parks and Access to the Countryside Act or the Countryside and Rights of Way Act, as currently proposed.
I hope I have addressed all the questions raised by noble Lords. On that basis, I ask them to either withdraw or not move their amendments.