Baroness Taylor of Stevenage (Lab)

My Lords, I thank all noble Lords who have taken part in this debate. I do not have the hands-on experience of managing forestry that the noble Lord, Lord Roborough, does. My mother’s family home was in the middle of Savernake Forest, so it is very close to my heart, and the three elderly uncles who lived there when I was growing up worked in the forest in exactly the way described by the noble Lord, Lord Lucas. They did active work for the Forestry Commission: the kind of work that the noble Lord was describing. Clause 28 sets out to amend the Forestry Act 1967 to grant the forestry authorities powers to pursue electricity generation from renewable sources within the public forest estate. Amendment 87, tabled by the noble Lord, Lord Teverson, and signed by the noble Baroness, Lady Boycott, seeks to restrict forestry authorities to supplying or using only waste materials in the context of renewable electricity generation from biomass. I completely understand that the intention behind the amendment is to prevent large-scale biomass operations on forest estate and inappropriate harvesting practices in the name of renewable energy, but I suggest that the concern is already addressed in statute by the balancing duty laid out in the Forestry Act 1967. Clause 28 of the Bill applies the balancing duty specifically to renewable electricity, which means that forestry authorities are required to balance their renewable electricity functions with their forestry responsibilities and the conservation of natural beauty and flora and fauna of special interest. If the noble Lord is concerned that, without his amendment, the Forestry Commission would be able to engage in large-scale deforestation for the purpose of biomass, the Government’s categorical view is that that would not be consistent with the commission’s statutory duties. Furthermore, I believe that the amendment would have unintended consequences that could constrain routine woodland management practices, including existing operations that contribute to the health of existing woodlands and the sustainable supply of biomass. Forestry authorities are committed to delivering the sustainable management of our forests and meeting the requirements set out in the UK forestry standards. These standards are upheld through processes such as thinning, where selected young trees are removed to enhance the quality and health of the broader woodland area—I think the noble Lord, Lord Roborough, referred to this. Through that process, all the material produced could be used for biomass. The proposed amendment could have the unintended effect of producing a narrow interpretation of “waste” that could exclude material most suitable for energy generation, such as material produced through the thinning process. This would limit the uses of forest materials and ultimately would be wasteful in itself. Finally, it is important to note that sustainably sourced biomass can play an important role in our renewable energy systems, in transitioning away from fossil fuels and in meeting our net zero targets. Existing frameworks and duties provide a high bar for the Forestry Commission’s role as manager of the nation’s forests. These existing statutory duties underpin the commission’s current practices, including the sustainable supply of biomass, already operating at a smaller scale, as part of routine and acceptable day-to-day woodland management practices. The Forestry Commission has no plans to engage in the development of large-scale biomass technologies in the forests that it manages. It is for these reasons that I kindly ask the noble Lord to withdraw his amendment. I will consider Amendments 97A, 87B and 88A together. I thank the noble Baroness, Lady Coffey, for her amendments, which aim to protect the forest estate from adverse impacts as a result of renewable electricity activities. I reiterate that our public forests are a precious national asset providing vital environmental, social and economic benefits, and this legislation will not change that fact. The noble Baroness mentioned using wood in construction. Just before Recess, I visited an office building just across the Thames from here that was constructed using timber. It is a fantastic building. It looks out onto a small woodland as well, which makes it even better. So that is an important factor. The forestry authorities’ key statutory duties remain to promote the interests of forestry, the development of afforestation, the management of forests and the production and supply of timber and other forest products. The additional revenue stream produced from the sale of electricity from renewable energy developments will enhance their ability to deliver their existing objectives. Amendments 87A and 87B would require the forestry authorities to replace any woodland lost to renewable electricity development by double, with this being planted as near as possible to the original site. I reassure the noble Baroness that the size of the public forest estate will not reduce as a result of renewable energy developments. The estimated footprint of renewable electricity projects will be relatively small and there will be no net loss of woodland area. Renewable energy installations are successfully integrated into woodlands in many areas of Scotland. Scottish officials explained to mine that, generally speaking, where trees might be felled for, say, access purposes during the construction phase, they can be replanted once the access is no longer required. It is the Government’s view that the amendment is unnecessary as there is already existing statutory provision to ensure that impact is mitigated in both the Forestry Act and the planning and development process. Therefore, permanent deforestation at concerning scale for the purpose of renewable electricity development would not be consistent with the Forestry Commission’s existing statutory duties. Furthermore, I believe the amendments could have the unintended effect of limiting the ability to utilise new and potentially more suitable land to create new woodland habitats when undertaking compensatory tree planting. Some locations are less suitable for woodland creation, and replanting woodland as close as possible to the installation may not align with ecological and other environmental and timber-supply priorities. The amendment may also limit the ability to pursue restoration measures beyond compensatory tree planting that could deliver greater environmental value. The Forestry Commission will ensure that compensatory planting takes place where woodland is permanently lost to renewable energy projects, but the planning process can often identify more effective ways of enhancing ecology and biodiversity. We would not want these alternative approaches to be constrained as a result of this legislation. Amendment 88A specifically requests that Clause 28(6) is removed completely. The intended effect of this is to prevent regulations being made for purposes beyond those explicitly set out in the Bill. Many examples of the provisions set out in subsection (6) can be found in any large Bill. They are technical provisions that do not affect the fundamental purpose for which regulations can be made. In this case, that fundamental purpose is determined by subsection (5). I reassure the noble Baroness that, if regulations were to be made in reliance on the power in subsection (6) to make, for example, incidental or supplementary provisions, the scope of those regulations could not be broadened in the way that her amendment appears to be concerned about. Further, the reference in subsection (6) to the ability to make different provisions for different purposes does not mean that any of those purposes can go beyond the general purpose set out in subsection (5). They cannot. I note for completeness that the Government are currently reviewing subsection (5) in response to recommendations made in the Delegated Powers and Regulatory Reform Committee’s report on the Bill. I therefore do not believe that the amendment is necessary for the intended effect. Given the existing provisions and the reasons I have set out, I hope the noble Baroness is reassured and I hope she will agree to withdraw her amendment. Amendment 88, tabled by the noble Earl, Lord Russell, would place a limit on the amount of the public forest estate that forestry authorities may use for renewable electricity projects. I recognise that our public forests are a national asset and that this amendment has been made in the spirit of protecting them. However, the existing statutory duties and regulatory frameworks will prevent excessive development of the forest estate. The estimated footprint of these renewable electricity projects will be relatively small. There will be no net loss to woodland area or the size of the public forest estate as a result of the renewable electricity projects. Furthermore, any renewable electricity developments will be subject to the relevant planning process and considered against the forestry authorities’ existing statutory balancing duty set out in the Forestry Act 1967.