I will start with Amendment 234, tabled by the noble Lord, Chidgey, and Amendment 235, tabled by the noble Lord, Lord Krebs, but first I will offer some words on the overall objectives of species conservation strategies. The strategies will be developed by Natural England for species that are under threat and would benefit from a more strategic and focused approach to improve their conservation status. They will identify priorities for the species and bring together relevant public authorities, ENGOs and any other interested parties to identify the bespoke solutions needed to tackle the threat each species faces.
I understand the intention of the noble Lord, Lord Krebs, to ensure that the strategies contribute to nature’s recovery, but Clause 102 already guarantees this. In line with the intention behind the measure, subsection (1) specifically defines the purpose of a strategy as:
“for improving the conservation status of any species of fauna or flora.”
Subsection (4) elaborates on the elements that the strategy may contain, including creating and enhancing habitats with the explicit purpose
“of improving the conservation status of the species”.
The mitigation hierarchy is also set out in subsection (4), as we are clear that each species will require a bespoke approach to avoidance or mitigation of harm or the creation of compensatory habitat. It is important that Natural England is given a power in the Bill to create strategies where they are likely to have the biggest
possible impact. Changing “may” to “must”, as suggested by Amendment 234, would therefore change that power into a duty to create strategies, and this would place an unreasonable obligation on Natural England to create a very large number of strategies, including for species which would see little or no benefit. We think that it makes more sense for Natural England to focus its resources where strategies can provide the most benefit for key species in decline.
Natural England is already working with relevant conservation groups to develop the first strategies; others are in the pipeline, including—to answer the noble Lord, Lord Krebs’s question—for the dormouse and water vole. I think he said that it is also the case that the district-level licensing approach is not considered to be something that would work for bats. That is our view as well, so we will not be using that approach.
On Amendment 241, I share the determination of the noble Lord, Lord Chidgey, to protect our chalk streams, as many noble Lords do. Restoring our internationally recognised and important chalk streams is already a government priority. Species conservation strategies, however, are bespoke, targeted measures to help protect specific species at risk. Although they will by their nature and design help restore the habitats and ecosystems without which those species cannot flourish, they are not the best mechanism for achieving that specific aim. While activities to help a particular species may involve necessary actions to improve habitats such as chalk streams, the focus needs to remain on the species itself.
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For example, I mentioned that Natural England is working with NGO partners to develop a strategy for water voles. Given that water voles are often found living along chalk streams, any plan for their conservation will invariably include measures to protect chalk stream habitat, but it would need to go further and wider to ensure that all other vole habitat was included in the strategy. I know that the noble Lord is a strong advocate for chalk streams. I assure him that the Government are already working with stakeholders to develop an action plan to restore and protect our valuable chalk streams.
It was said powerfully by the noble Lord as well as by others, including the noble Baroness, Lady Hayman, that chalk streams in their natural condition are home to an extraordinary profusion of natural life. Botanically, they are the most biodiverse of all English rivers. They offer a colossal range of habitat niches for invertebrates, fish, birds and mammals. Brown trout and Atlantic salmon are indigenous to all English chalk streams and they provide fantastic habitat for the otter, water vole, water shrew and more besides. As we know, the water vole has suffered extreme decline, mostly as a consequence of the release of the American mink. Chalk streams where the mink is absent or where trapping regularly happens provide extraordinary habitat where the vole can reach high densities.
One of the draft recommendations of the chalk stream restoration group is that chalk streams be given an overarching protection and priority status. The strategy is being consulted on right now. We will
look at the recommendations when the final strategy is published, including any recommendations on providing further protection for chalk streams.
I welcome the interest from my noble friend Lord Caithness in the operation of the strategies. On his Amendment 236, we are keen to avoid adding rigid requirements for formal consultation that might delay putting the strategies into effect. We recognise that we will not be able to deliver the best strategies without consulting the experts, a point that he made. Natural England is already working closely with NGO partners such as Wildlife and Countryside Link to draft the principles for the design and operation of the strategies, which will be published in due course. However, adding requirements for formal consultation would delay putting those strategies into effect and add unnecessary hurdles to getting them into operation, which is clearly our priority.
I say in response to the noble and learned Lord, Lord Hope of Craighead, that Section 14 of the Interpretation Act states that the power to make regulations implies the power to revoke, amend or re-enact them. In our view, that is analogous with the power for Natural England to prepare statutory strategies such as the species conservation strategies.
On my noble friend Lord Caithness’s other amendments, which I shall not list, the clause as drafted is intended to be flexible to allow strategies to be prepared for any species where it will help deliver better conservation outcomes. These proposals risk constraining that flexibility. Specifying elements which “must” be included in a strategy would be unnecessarily rigid, as some elements may not be appropriate; for example, not all species require “consents or approvals” related to granting planning permission, which is one of the elements set out in the clause. The power to amend a strategy includes the power to withdraw it, if needed. Requiring a formal review, including consultation, which could add weeks or months, could delay that process, hindering Natural England’s discretion to make improvements and its ability to make changes rapidly if needed.
My noble friend asked me whether the Secretary of State’s powers in relation to the general licence remain intact. The current system is being looked at; the commitment is that it will be updated if necessary. If there is an update beyond what I have just said, I will write to him with details after this debate.
The noble Baroness, Lady Hayman, asked whether net gain is additional to the species conservation strategies or the protected site strategies. The answer is yes.
I thank the noble Lord, Lord Browne of Ladyton, for his Amendment 293A. The Government fully support the principle of addressing the impacts of lead in ammunition. He is also right that I want action in this area and have spoken on this issue numerous times in the past. As he knows, the Government have asked the Health and Safety Executive to produce a UK REACH restriction dossier on the risks posed by lead in ammunition. We made that request in March this year. The noble Lord’s amendment would prohibit use of lead shot in shotguns for the purposes of killing or taking any wild bird or wild animal, but it does not address the use of lead ammunition in other situations,
such as clay pigeon or target shooting, where lead poisoning will also occur. We want and need to tackle that too.
The Government have asked the Health and Safety Executive to consider a wider and more ambitious restriction than the amendment currently seeks. I appreciate the noble Lord’s intention in proposing the amendment. It is a key issue, and I warmly welcome this debate. As the noble Lord, Lord Krebs, said, it really is a no-brainer. As a number of noble Lords have commented, the voluntary methods that have been in play so far have not worked. Reductions in the use of lead have been unimpressive, and, as my noble friend Lord Randall said, alternatives exist. I say with no disrespect to him that my noble friend Lord Shrewsbury made the same argument, and his CV is surely second to none on this issue. I am extremely happy to agree to meet him at a time that suits him and will be in touch after the debate.
Throughout our debates this afternoon, we have heard passionate speeches from noble Lords about the importance of conservation. I hope I have assured them of the role of species conservation strategies as just another, very important tool at our disposal to address the issues affecting our most sensitive habitats and species in a way that is tailored to local needs and encourages innovative approaches. I ask the noble Lord to withdraw his amendment.