My Lords, in following the noble Lord, Lord Blencathra, it is a particular pleasure to commend his Amendment 201, also backed by the noble Baroness, Lady Parminter, although my perspective on it is a little different. This is potentially one of the most important amendments that has been tabled. If we are to see biodiversity net gain actually survive and thrive, we should look at the last paragraph of the lines that would be left out by Amendment 201:
“Paragraph 13 does not apply in relation to … development of such other description as the Secretary of State may by regulations specify.”
That is a get-out clause for the Government. The noble Lord, Lord Blencathra—perhaps being very charitable and coming from a slightly different political perspective —said, “This is perhaps just a comfort blanket for the Treasury.” I think it is a get-out-of-jail-free card that simply cannot be allowed to remain in the Bill. That is absolutely crucial.
This is a very long list of amendments, and amendments to amendments, so the easiest way of approaching it might be to run through them chronologically. I am happy to commend all the amendments in this group, including the government amendments. I agree with the noble Lord, Lord Blencathra, that the Minister can be proud of the additions that are here. This is a very clear sign that campaigning works: we know that a great many NGOs, campaign groups, individuals and Members of your Lordships’ House have been working very hard to ensure that biodiversity net gain covers our nationally significant infrastructure projects. There is real progress in government Amendment 194B. However, the number of amendments shows how much that still needs to be strengthened.
Running through some of the most significant of those, and those to which I have added my name or tabled myself, I begin with Amendment 196 in the name of the noble Baroness, Lady Jones of Whitchurch, also signed by the noble Baroness, Lady Parminter, the noble Lord, Lord Teverson, and myself. Obviously,
“maintained for at least 30 years”
is grossly inadequately in the kind of circumstances that we are talking about. As noble Lords have already said, the destruction is going to effectively be permanent. If we are seeing replacement structures and natural conditions put in, they have to continue indefinitely. Thirty years, in terms of nature, is merely a blink of an eye.
Amendments 198 and 199, both of which appear in my name—also kindly backed by the noble Lord, Lord Teverson—seek to ensure that what is done in securing biodiversity gain continues. Amendment 198 refers to
“proof that sufficient funds have been allocated to implement the plan in full, including contingencies.”
As the noble Lord, Lord Blencathra, was referring to HS2, I was thinking about some horrific case studies associated with that from a couple of years ago. We saw trees—little saplings that were planted as part of HS2 offsetting plans in a very dry, hot year—left to die because it was cheaper to do that and replant them than to water them. That really is a demonstration of the way in which externalised costs and the need to ensure that biodiversity is allowed to establish and thrive have to be built into the Bill. Ensuring that the money is there is not going to guarantee that totally, but at least it is a start.
Amendment 199 strengthens the argument on sufficient funds. Of course, we know that many developers of all kinds of projects go broke. They undergo restructuring; they mysteriously disappear into offshore entities that are impossible to trace, and ownership is impossible to trace. We need to ensure that the funding for any biodiversity net gain is fully provided.
Amendment 201AB on monitoring is particularly important, and I commend those who identified the issue. It requires that an independent body be established to check the reality of biodiversity gain. Reading this, I was thinking about the practical reality of the huge issue we have with building standards, and the fact that we know that most of the buildings constructed in the UK now do not even meet our inadequate standards to which they are supposed to be built when they are actually put to the test. That is very often under a self-certification scheme. It is absolutely crucial that we have genuinely independent verification of this gain being made.
5.45 pm
I wrote “Yes, yes, yes” on my papers for Amendment 201D in the name of the noble Lord, Lord Kerslake. It provides that if payments are being made for habitat enhancement, rather than going to central government they should go to local authorities. Again, we can think of an example in terms of current planning regulations: what used to be the old Section 106 is now the community infrastructure levy. We know that there is a huge problem where funds might be allocated a very considerable distance from where damage is being done. Decisions for this should not be made centrally in Westminster. They should be made locally, meeting local priorities, so that is a hugely important amendment.
This is real progress: it is a real sign that campaigning works and that work in your Lordships’ House does make a difference, but we still clearly have a lot of work to do in this area. The Government are going to get a very clear message,, looking at the size and length of this list of amendments that noble Lords are very passionate about making this part of the Bill the best that it can be.