Lord Fuller (Con)

My Lords, I rise to speak to my Amendment 113. I have previously tabled amendments to the Bill on land, and now I return to the sea, which well fits someone whose territorial designation is Gorleston-on-Sea in the county of Norfolk. These amendments require the Secretary of State to assess the impact on the environment and animal welfare standards of the installation and generation of tidal energy technologies and their associated cabling. When we consider tidal energy, I am not thinking just about the fish, important though they are—in the tidal races, the machines can mash their flesh—but about sea-birds and the rest of the marine flora and fauna. I am thinking about not just living creatures but the wider environmental effects that may happen slightly away from the installations of the machines themselves, in the associated cabling that links those machines to land—a topic I will return to. I am not against harnessing this almost inexhaustible supply of energy. The energy is there; it is year-round, predictable and reliable. It deserves to be won and it should be won. But I am not starry-eyed about the practicality of building machines that can survive in the most hostile environment, pounded by the seas and eaten away by salt-water corrosion. I am involved in the liquid fertiliser business, so I know more than most how hard it is to reliably engineer things in these tough, salt-aggressive environments. It is hard to engineer reliability in these unforgiving places, but that does not mean we should not try. We know that tidal generation is best located where the water flows fastest—where it is choked through the channels, so that the speed naturally increases—so the machines can operate most effectively. Last November, I visited Saint-Malo and saw for myself the world’s first tidal barrage power station, opened in 1966; it is nearly 60 years old. It was a really impressive spectacle. It is cheap energy, but it has not come without cost. Thomas Adcock, an associate professor in the department of engineering science at the University of Oxford, says that there has been a “major environmental impact” on the Rance estuary as a result of the tidal station. He said that “this would make it very difficult to get permission to do such a barrage again”. Researchers point to the adverse impacts on marine life of altering sedimentation patterns, as well as the impact on oxygen and nutrient levels in the water. I saw for myself that the fast-flowing water passing through the 24 turbines left nowhere for the fish to go. Sand-eels and plaice have disappeared, and the silting has reduced the number and variation of other fauna. Sand-eels are the subject of the very first post-Brexit EU fishing trade spat, and of course they are the preferred diet of British sea sea-birds, so this is an important matter. It is in the public interest that this all be taken into account, so that mitigations can be put in place. My amendment would require GB Energy to take into account a number of factors and to continuously monitor them when assessing energy proposals. Examples include the cumulative impacts of the installations when considered alongside the predicted impacts of other projects in the area; transboundary impacts, whereby activities in other countries, such as commercial fishing, may be affected, as we have seen; and interrelationships whereby impacts on one receptor, such as noise, can have a knock-on effect on another and disturb species. Examples include sub-sea noise, which my noble friend mentioned, physical processes such sedimentation flow —we saw this in France—and the updated navigational risk assessment possibly deflecting vessels into the path of other sensitive zones. For offshore tidal proposals, perhaps with tethered devices, we must have regard to the cables that will transfer the energy to the coast. Coming from Norfolk, I take particular interest in the Cromer shoal chalk beds marine conservation zone. It is one of 91 such protection zones established by the last Government, by an organisation lately chaired by my noble friend Lord Banner. The MCZ is a protected inshore site 200 metres off the north Norfolk coast, extending about 10 kilometres out to sea and covering 321 square kilometres. It protects our diverse species. It is predominantly sandy, but the chalk beds provide a stable surface for seaweeds and static animals to settle and grow, and they are home to the Cromer crab, one of the important exports of our county; it is an important source of economic activity too. So, even though marine energy machines may be some miles offshore, we need to consider the whole cable system as well, particularly if it passes through places like the Cromer MCZ on its way to the grid. None of this is mentioned in the Bill, which is a slim Bill with fat consequences. The Secretary of State is not required to give directions to GBE to take these important environmental safeguards into account. My previous amendments observed that GB Energy is a company: there is to be a fiduciary board, and it is established under the Companies Act 2006 to promote its private self-interest. So, unless it is constrained, we should not be surprised if GB Energy acts in its private interests, not the country’s interests. If it follows purely commercial principles, why should it need to take the marine environment into account unless it is directed to? This amendment would require the Secretary of State to provide such directions. I expect the Minister to say, “This is all very well but it is not really necessary”. However, we must learn lessons from the water Bill, which flowed through this House as an example of what to do when you have a private company that is established for public purposes yet strays from the path. I do not want a repeat of that. Success does not look like having successive legislation later to cure the unintended consequences of GB Energy getting carried away because it acts in the private interest, not the public one. Let us put protections in the Bill now. This amendment would provide a simple safeguard, along with those proposed by my noble friend Lord Offord of Garvel, so that the Secretary of State is directed to ensure that sensible precautions are taken to protect our fisheries, sea-birds and other flora and fauna in the whole end-to-end tidal generation system, from the coast all the way to the grid. I am not trying to block tidal power and I am certainly not seeking to add cost or complexity—still less a set of directions or to provide excessive control. My concern is to make sure that this private body, established for public purpose, acts in the wider public interest—not just its self-interest—as to its environmental responsibility and sets an example to others.