Baroness Hayman of Ullock (Lab)

My Lords, there are a number of amendments in this group by the noble Baronesses, Lady Coffey and Lady McIntosh, and the noble Lord, Lord Lucas, seeking to amend Clauses 53 to 55, 57 to 59, 86 and 88 of the Bill. I will consider the amendments together as they relate to the role of Natural England and who can undertake the role of developing and implementing an EDP. I turn to the amendments that seek to remove Natural England as the body that can undertake the role of developing and implementing an EDP named in the Bill, as well as adding Natural England to the list of consultees for an EDP. We believe that Natural England is the most suitable delivery body, given its expertise in relation to protected sites and species, existing statutory functions and powers and ability to work right across England. Removing Natural England as the body that can undertake the role of developing and implementing an EDP would also remove the intentional checks and balances between the role of Natural England and the Secretary of State. I confirm that, as it stands in the Bill, the Secretary of State referred to is that for MHCLG, but clearly Defra and MHCLG work very closely together during this process. Natural England is responsible for developing an EDP for submission to the Secretary of State and the implementation of that EDP after it has been made. In answer to the noble Earl, Lord Caithness, the Secretary of State is accountable for determining that a draft EDP meets the overall improvement test, making the EDP and taking remedial action if delivery falls short. Were the amendments to pass and all legal responsibilities passed to the Secretary of State, Natural England, as the Government’s adviser on the natural environment, would still need to support the Secretary of State in preparing and delivering conservation measures. However, without being named in the Bill, it would not have the necessary powers and functions to enable efficient delivery or to provide assurance of the rigour of an EDP independently of the Secretary of State. The Bill contains many safeguards to ensure that the body, which is charged with developing and implementing an EDP, performs its role to enable development and deliver improved environmental outcomes. With these safeguards, and recognising the relevant expertise held in Natural England, we feel it is right to reflect in the Bill the central role that Natural England will play. More broadly, I highlight that the Government are taking concerns about the efficacy of the regulatory landscape incredibly seriously and are already taking action off the back of the Corry review—I thank the noble Lord, Lord Lucas, for recognising that—to ensure that the regulatory landscape and all the relevant actors in the system are performing as effectively as possible, because we need to give greater confidence. We are already expediting several of the recommendations made by Dan Corry, and I will mention a few of those.