My Lords, having listened with care to what has been said on these amendments on this important part of the Bill, I will make a couple of comments.
I listened with care to what my noble friend Lord Randall of Uxbridge said on habitats. These are hugely important areas. There are two points that I hope my noble friend on the Front Bench will take into consideration. The first is that land varies very quickly, within a matter of feet in some instances. Although one wants the designation, one also wants the flexibility within that designation to get different solutions where things, and farmers, are slightly different. That flexibility within the overall framework is terribly important.
There is one aspect of the habitats directive that I hope my noble friend will look at in particular. Under the directive as it stands, no experimentation can take place within that area. On upland heather, it is hugely important that we do experiments, strictly controlled, in order to determine which is the best way of managing that fuel load. If we cannot do that within an area subject to the habitats directive—the Game & Wildlife Conservation Trust has had an application to do an experiment turned down by Natural England because the habitats directive will not allow it—we are putting at risk areas within that directive and the wildlife within them. I hope my noble friend will look at that in particular.
I support the noble Baroness, Lady Taylor of Stevenage, on her Amendment 374, but I would wish to make one small alteration to it, if my noble friend were to accept it: it should be “scientific data”, not just “data”. That is hugely important.
I hope that the noble Baroness, Lady Hayman of Ullock, will agree with me on this next point. The definition of environmental protection relates to the level of activity, but what about the level of inactivity? The noble Baroness spoke at length recently, and quite correctly, about flooding, and I spoke about wildfires. Both of those can be caused as much by activity as inactivity, so could my noble friend tell me whether, within her definition, action can be taken where there is no activity, because that also puts wildlife and habitats at threat? I hope my noble friend can answer me on those points.