It is a disgrace, and I am glad for that reassuring remark from behind.
Over the course of dozens of tweets, the noble Lord was trying to make his—let us face it—not always balanced Twitter followers believe something about me and the Government that is simply not true, and which he knows to be untrue. Indeed, by suggesting that we are making it easier for companies to pollute our waters, he was spreading a grotesque inversion of the truth. I understand why he has done so; it is nothing to do with the environment, an issue on which he has almost no record whatever. It is about wanting people to believe that Brexit means more sewage in our waters. He knows that this is not true—this is a matter of fact, not a matter of opinion—but he also knows that, because of his position, many will believe him. Some will be driven into a frenzy of rage, as we have seen—rage based on a blatant untruth. The noble Lord may have been driven to distraction by Brexit, but he is not a stupid person; he wants his words to have consequences. In this debate on sewage, the noble Lord has absolutely covered himself in the stuff—and I say shame on him.
There is, rightly, concern in this House, and indeed the other place, wider society and the Government, about the unacceptable frequency with which sewage is discharged from storm overflows into our rivers, lakes and seas. It is because we share that concern that we have moved so far already on this issue. In this spirit, I hope that noble Lords will allow me to outline in one simple list the measures in the Bill and outside it which will indeed deliver progressive reductions in the harm caused by storm overflows.
The Bill places, first, a new duty on government to produce a statutory plan to reduce discharges from storm overflows and their adverse impact, and report to Parliament on progress. Secondly, it creates a requirement for government to produce a report setting out the actions that would be needed to eliminate storm overflows in England and the costs and benefits of those actions. Both publications are required before 1 September 2022. Thirdly, it creates a new duty directly on water companies and the Environment Agency to publish data on storm overflow operation
on an annual basis and, fourthly, a new duty directly on water companies to publish near real-time information on the operation of storm overflows. Fifthly, it creates a new duty directly on water companies to monitor the water quality upstream and downstream of storm overflows and sewage disposal works and, sixthly, a new duty directly on water companies to produce comprehensive statutory drainage and sewerage management plans, setting out how they will manage and develop their drainage and sewerage system over a minimum 25-year planning horizon, including how storm overflows will be addressed through these plans. The seventh thing the Bill does is to create a power of direction for the Government to direct water companies in relation to these plans if they are not good enough—the “big stick”. Eighthly and finally, it creates a duty on government to set and achieve at least one new target to drive progress in the priority area of water.
This significant package will work hand in hand with the action that we are taking outside the Bill. Significantly, for the first time, the Government made it crystal clear in our draft strategic policy statement to Ofwat that we expect water companies to take steps to “significantly reduce ... storm overflows”, and that we expect funding to be approved for them to do so. These are not just warm words: the price review is the mechanism by which funding for the water companies and their priorities are determined. This is our biggest lever to clamp down on sewage discharges from storm overflows.
Significant investment has been unlocked on storm overflows in the current price review period 2020-25. Water companies will invest £7.1 billion on environmental improvements in England; of this, £3.1 billion will be invested in storm overflow improvements. This is supplemented by an additional £606 million as part of the green recovery announcement. We have also committed to reviewing the case for implementing Schedule 3 to the Flood and Water Management Act 2010 in England, which would set mandatory build standards for sustainable drainage schemes on new developments, something that numerous noble Lords called for in Committee. In August 2020, we established the Storm Overflows Taskforce—indeed, it was my colleague, Rebecca Pow, who was here a second ago, who established it—to bring together key stakeholders from the water industry, environmental NGOs, regulators and government to drive progress in reducing sewage discharges. That task force has agreed a long-term goal to eliminate harm from storm overflows.
I and my colleagues across government have been clear that we are determined to tackle the harm from storm overflows and stop untreated sewage flowing into our rivers, lakes and seas. Last Wednesday, the Government and their Back-Benchers actively voted into the Bill six pages of new law directly on storm overflows. To imply that the Government and their Back-Benchers are voting to dump sewage into our rivers is factually incorrect. However, all that said, we have listened carefully to the feeling in the other place and this House and among the wider public. I am absolutely delighted to confirm that the Government will bring forward an amendment in lieu in the Commons
at the next stage; it will place a direct legal duty on water companies to progressively reduce the adverse impact of storm overflows.
I want to heap thanks on my right honourable friend Philip Dunne and other Members in the other place who have spoken so strongly about this issue, in Parliament and on broadcast media. Indeed, they have driven action in their own constituencies. I am delighted to say that Philip Dunne has indicated that he is in agreement with the Government on the wording of our proposed amendment, which will follow the clear direction already set by the Government’s draft strategic policy statement to Ofwat, published in July, that we expect water companies to take steps to
“significantly reduce the frequency and volume of sewage discharges from storm overflows”.
We cannot accept the amendment proposed by the noble Duke, the Duke of Wellington, as it is, but I assure noble Lords that the Government’s amendment in lieu will deliver the same action in reducing sewage discharges into our rivers. We cannot accept the amendment exactly as drafted, since we need to ensure integration with other legislation, including new measures in the Bill and existing duties in the Water Industry Act 1991. For example, although we absolutely support the noble Duke’s premise, his amendment does not dock in with the enforcement regime in the Water Industry Act or the range of enforcement remedies available to Ofwat within that Act. Consistency with the draft strategic policy statement to Ofwat and Ofwat’s price review mechanism is also important. Aligning the new duty with the existing framework in this way will ensure that the price review does its job, balancing the need for investment with the need to protect customers from disproportionate prices.
I thank again noble Lords across this House and Members of the other place, in particular the noble Baroness, Lady Altmann, and the noble Duke, the Duke of Wellington, but many others as well. I hope that noble Lords will be able to support our position today. I look forward to setting out more detail before the Bill returns to the other place.
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I turn to Motion K and Amendment 65, and I thank the noble Lord, Lord Krebs, for tabling the amendment. The powers we are taking in the Bill will allow us to refocus the habitats regulations to ensure that the legislation supports our ambitions for nature. It also includes a requirement to set a legally binding target to halt the decline in species abundance by 2030.
The powers under Clauses 105 and 106 form an important part of our ambition for domestic nature recovery. Our Green Paper will set out proposals to support nature recovery in England and provide an opportunity for consultation. Since July, we have been undertaking stakeholder meetings to discuss our plans and seek early views. These powers have been carefully and tightly drafted so that they contain strong safeguards to ensure that we maintain and enhance protections for nature conservation. These protections are not too dissimilar to those put forward by the noble Lord, Lord Krebs; I hope he agrees. Our clauses already provide that, in exercising these powers, the Secretary
of State must be satisfied that the changes do not reduce the level of environmental protection currently provided by the habitats regulations, thereby safeguarding the future of our valuable species and habitats. The Secretary of State must also have regard to the particular importance of furthering the conservation and enhancement of biodiversity.
Our clauses also already provide that the Secretary of State must publicly consult on any changes. We have already publicly committed to consult the office for environmental protection and government statutory nature advisers. Finally, the Government will of course remain bound by international nature conservation law. We are committed to all our obligations; we do not need to set this out in primary legislation. I hope the noble Lord will therefore agree that this amendment is not necessary, and I ask him to withdraw it.
Turning to Amendments 94 and 95, I thank the noble Baroness, Lady Meacher for tabling them. The Bill introduces what is unarguably pioneering legislation to tackle illegal deforestation in UK supply chains. Businesses will be required to ensure that the forest risk commodities they use are not produced on land illegally occupied or used. The UK is a world leader in introducing such legislation, which forms part of a wider package of measures to improve the sustainability of our supply chains. On the back of this legislation, a number of other important consumer countries are working on their own versions in order to create a real global shift in the commodity markets. I look forward to further discussions next week at COP on international action to protect forests. Following a huge amount of very hard work across departments, we hope to be able to produce a package of measures that will turn the tide on deforestation. I should love to go into the detail, but I am afraid I am not able to do so.
I agree wholeheartedly with the sentiments of the House regarding these amendments. It is of the utmost importance that this legislation works, which is why we have included a requirement to review its effectiveness every two years after it comes into force. As part of this, we will be required to set out any steps we intend to take as the result of the review, to ensure that we take action if we do not see progress.
These amendments, which would require the first review to happen after just one year, would limit the Government’s ability to conduct an effective review. We simply would not have anything like enough data or analysis to inform whatever decision we might want to take at that point. Businesses are required to submit their first report and due diligence at the end of the first year of implementation. This information will be essential to ensure a successful, comprehensive review. Initially, we shall be focusing our efforts on working with businesses to make sure that they understand what is required of them and that the policy is effectively implemented and enforced from the beginning. We are working on a number of different levels, both internationally and domestically, to bolster our approach to trying to break the link between commodity production and deforestation, the former being responsible for around 80% of the latter.
Turning to Amendment 66 and Motion L, on ancient woodlands, I thank the noble Baroness, Lady Young of Old Scone, for tabling that amendment and for the
persuasive arguments she has put forward throughout the Bill’s passage and during our numerous phone conversations and meetings. I also thank the Woodland Trust for its partnership working with government on the ancient woodland inventory—a hugely important tool for the protection of this irreplaceable habitat. We are grateful for all it does.
I want to repeat the announcements my honourable friend Rebecca Pow made in the other place during the Commons consideration of Lords amendments. First, we will undertake a review of the National Planning Policy Framework to ensure that it is being implemented correctly in the case of ancient and veteran trees and ancient woodland. Should this review conclude that implementation can be improved, we will look to strengthen the guidance to local planning authorities to ensure that they understand the protections provided to ancient woodland. Secondly, we will consult on strengthening the wording of the National Planning Policy Framework better to ensure the strongest possible protection of ancient woodlands, while recognising the complex delivery challenges for major infrastructure.
Alongside these reforms we will amend the town and country planning (consultation) direction to require local planning authorities to consult the Secretary of State for Levelling Up, Housing and Communities if they are minded to grant permission for developments that might affect ancient woodland. This underlines the importance of ancient woodland to local planning authorities and ensures that they act appropriately with regard to development that could impact on it. I reassure noble Lords that these measures will be undertaken in a timely manner, working hand in hand with the forthcoming planning reforms. This announcement, along with the commitments previously made in the England Trees Action Plan, underlines the Government’s commitment to ancient woodlands as valuable, irreplaceable habitats. We will continue to explore options further to protect and restore ancient woodlands and to ensure that, where impact on them is deemed wholly necessary, it will happen only as an absolute last resort.
Infrastructure development is a vital part of levelling up the country, but it is right that the impacts on ancient woodland be minimised and mitigated. I will continue to raise this issue beyond this Bill with my counterparts across government, as I have already done. While we do not accept the amendment, I hope that this is a positive outcome for the noble Baroness and for your Lordships’ House. This announcement will deliver effective action to protect our precious and irreplaceable ancient woodland. Much of this is down to effective and compelling arguments made in this House. I hope that the noble Baroness feels able to support the Government’s Motion.
I turn now to Motion M in this very long list, and Amendments 67A and 67E, on conservation covenants. I thank the noble Earl, Lord Devon, and all noble Lords who supported Amendment 67 for their time and contributions. One of the key issues previously raised in your Lordships’ House was the level of formality required for entering into a conservation covenant agreement. Having reflected on this concern and having heard the arguments made, in particular
by the noble Earl, Lord Devon, the Government acknowledge that an additional layer of formality would provide some reassurance to landowners. As such, I am pleased that we have been able to reach agreement to table Amendments 67A and 67E during Commons consideration of Lords amendments to require that conservation covenant agreements be executed as deeds. In addition, government guidance on conservation covenants will provide clear support on the relevant execution formalities which will be required. It will also highlight key areas for the parties to consider before entering into a covenant, such as the duration of their obligations and the provision of payment, as well as encouraging them to take independent legal advice.
I hope that your Lordships’ House will support the Government’s position. I believe that the noble Earl, Lord Devon, is up a mountain in Wales, but I know that he supports Motion M. I hope that noble Lords appreciate the progress that has been made. I thank them all for their contributions to and ongoing engagement with the Environment Bill. I beg to move Motion H.
Motion H1 (as an amendment to Motion H)