Lord Roborough (Con)

My Lords, this amendment would clarify that the Secretary of State may issue statutory guidance to Natural England or any person preparing an EDP, with they must which comply. We have heard concerns during debates on Part 3 of the Bill about Natural England’s ability to manage EDPs. We also know that 160,000 houses are being held back by Natural England’s guidance on nutrient neutrality. This amendment would ensure that the Secretary of State has greater control over the process by which EDPs are made. This would give Ministers the tools they need to ensure that Part 3 is effective in delivering on their intentions. Does the Minister agree that this discretionary power granted to Ministers would be helpful in a hypothetical circumstance where Natural England’s implementation of EDPs does not follow the Government’s intentions? I will be arguing in later groups, in support of my noble friend Lady Coffey, that Natural England should continue to report solely to the Secretary of State for Defra rather than to MHCLG as is planned in this Bill. I am deeply concerned that reporting to two separate departments is likely to lead to significant complications in management, direction and allocation of resources. The amendments in the name of my noble friend Lord Blencathra are sensible. Amendment 270A would require Natural England to have regard to any local nature recovery strategies in preparing an EDP. The interaction between EDPs, the mitigation hierarchy and biodiversity net gain is complex for developers already, but the interaction between EDPs and other strategies for local nature recovery is also complex, especially where the conservation measures specified within an EDP interact with them. My noble friend is right that these should be taken into account by Natural England, and we are interested to hear whether the Government will accept this amendment. Amendment 277A limits the number of EDPs that Natural England may make each year. This speaks to questions about Natural England’s suitability as the body for making EDPs. I know that several noble Lords have expressed their frustration with specific cases where Natural England has not got things right. I therefore hope that the Minister will be able to tell the House what assurances she has had from Natural England in respect of its plans to ensure that it has the appropriate staffing and skills in place to deliver its functions under Part 3 of the Bill efficiently and effectively. This part of the Bill is designed to unlock development, so any delays or mistakes that have to be resolved at Natural England will hinder the achievement of that overall objective. The amendments in the names of my noble friends Lord Lucas and Lord Caithness are all sensible amendments that probe some of the crucial questions on EDPs. The reality is that we have still not got real clarity about how well EDPs will fit into the existing environmental protections regime. I know that the noble Lord, Lord Krebs, has done some very good work on trying to understand, as the Minister described earlier, exactly how this new process for developers fits into the wider picture. I hope that the Minister can help clarify these issues further from the Dispatch Box today. I beg to move.