I thank all noble Lords for their contributions to this important debate, in particular the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Krebs, for their detailed conversations on this over the summer.
I am pleased to confirm that the Government have brought forward Amendments 86, 88 and 89 on the long-term prospects of biodiversity gains. The Bill currently introduces a 30-year minimum period for
biodiversity net gain agreements, and these new government amendments will place a duty on the Secretary of State to review the duration for biodiversity net gain agreements and provide legal powers to increase the duration—that could be up to 125 years, for example, or it could be less. This process will be informed by the biodiversity net gain monitoring and evaluation programme, and will apply at a policy-wide level. These amendments will ensure that an extension of the duration is actively considered in future, supporting the long-term protection of our habitats.
Amendments 85 and 87, proposed by the noble Baroness Jones of Whitchurch, while welcome in intention, would, we believe, deter landowners in key areas from offering land for conservation. Based on the engagement, consultation and evidence-gathering that we have undertaken, setting a requirement for biodiversity enhancements to be secured for 125 years now means that we are less likely to see land offered for enhancement in the right places at the start of biodiversity net gain roll-out. That would mean that we were less able to create the coherent ecological networks that we need and may end up with money for net gain sitting unspent.
If restrictions placed on biodiversity net gain funds are too stringent from the start, landowners are unlikely to commit to the agreements we require. There is strong evidence from international practice that this might lead to the Government being unable to invest biodiversity gain funds and achieve the benefits we want from the policy. For example, in the environmental offsets framework for Queensland, Australia, a shortage of appropriate projects has meant that the state Government have been unable to spend much of the money collected for habitat enhancement. In addition, Ermgassen et al published a paper in Conservation Letters in June this year which sets out an academic assessment of the ecological outcomes of mandating biodiversity net gain that very much supports our position.
The amendments that the Government have introduced strike a fine balance between robustness and managing these risks of land supply. Clearly, I, my colleagues in Defra and everyone involved in the Bill want the habitats created and enhanced through net gain to thrive forever. That is where we all start, but it would be a mistake to let our desire for perfection in future undermine our first and more important steps on this policy. We need to get going.
I have almost been deterred from raising this argument by the introductory remarks of the noble Lord, Lord Krebs, but it is fair to say that after 30 years of improvement, a new habitat would benefit from a whole range of protections that already exist in legislation. If those protections have not continuously improved and evolved over the next 30 years and, in 2050, we find that new, beautiful habitats paid for through this scheme can be easily grubbed out in the way that has been predicted or feared by a number of Peers speaking today, frankly, we are in a whole heap of trouble. The world will be a very different place in 2050, and today it is waking up to the urgency. If we have not properly woken up by 2050, this discussion is nothing more than an exercise in academia.
In summary, we need a supply of land in the right places to see biodiversity gains delivered. Setting a perpetual, or 125-year, minimum agreement duration from the start in a newly created policy context creates a serious risk of deterring landowners from offering their land for net gain. That would be a terrible outcome for nature and for society, so we have been careful to design biodiversity net gain in a way that mitigates this risk and maximises the chance of success.
On Amendment 84A, from the noble Lord, Lord Krebs, we will publish the biodiversity metric for mandatory biodiversity net gain soon. The Bill’s provisions rightly require proper consultation on the final biodiversity metric before it is published for mandatory application. I can assure the noble Lord that the quality, diversity and function of habitats is already the focus of Natural England’s work on the metric and, as he knows well, our understanding of biodiversity is constantly evolving and improving. I can confirm to him that the metric will be regularly reviewed to take account of the latest scientific evidence and user experience. We will consult on a timeline and metric next year; after that, we expect to suggest a review every three to five years.
I also highlight that we are already on our third iteration of the metric and will consult next year on the version to be formally published for mandatory net gain and on the timeline for subsequent updates. The Government absolutely recognise the importance of species, as well as microhabitats, and the need for connectivity across our landscapes. The biodiversity metric’s habitat scoring is fundamentally linked to the value of habitats to priority species. The net gain regime will work alongside our existing regulatory framework for protected and rare species. This is already embedded within planning policy and practice, and will act in addition to biodiversity net gain.
I would also like to address the way in which the Lawton principles of “bigger, better, more connected” underpin the entire design of net gain, not just the metric. Net gain aims to improve the size and quality of habitats delivered through development; that is the whole point of the policy. The net gain percentage increase of 10% underpins that principle. Natural England’s latest update of the biodiversity metric also includes a strategic significance multiplier, which places a higher value on biodiversity enhancements supported by local nature recovery strategies, providing a wider strategic blueprint for nature investment. We will, of course, consider the Lawton principles when updating the metric and wider policy in future. They are inseparable from the key goals of this policy.
Finally, I highlight to the House that the Government have listened to the points raised by noble Lords about biodiversity net gain and brought forward government amendments on multiple occasions in response. We have extended the biodiversity net gain regime to cover nationally significant infrastructure projects, from major roads to new railways. We have provided for the option to bring marine development in scope of biodiversity net gain in the future, and today I am moving government amendments to ensure our biodiversity net gain policy is protecting our habitats for as long as possible. I hope I have been able to reassure noble Lords and ask them not to press their amendments.