Lord in Waiting/Government Whip (Lord Katz) (Lab)

My Lords, I thank the noble Earl, Lord Caithness, for introducing this Motion and all noble Lords who contributed to this debate. I am particularly grateful to the noble Lord, Lord Roborough, for telling us that we have had a haul of Earls from the Back Benches. I did not realise that there were collective nouns for different numbers of Earls, but in all sincerity I thank them not only for their contributions today but for their years—and, I am sure, in some cases, decades—of collective stewardship of our rich tapestry of habitats, which makes our countryside such a source of pride and one of the things we are most admired for throughout the world. I appreciate the concerns raised particularly around the potential for increased wildfire risk because of these new regulations, which has been the focus of much of the debate. It is a valid concern, and I want to be clear that we are in no way dismissive of it: it is one that the Government have taken seriously throughout the development of this statutory instrument. Let me begin by being clear that the Heather and Grass etc. Burning (England) (Amendment) Regulations 2025 are not about ignoring wildfire risk; they are about addressing it more effectively, sustainably and scientifically. The central aim of these regulations is to protect England’s peatlands, which are among our most valuable natural assets. Here I will shamelessly steal the words of my colleague, Minister Creagh, in the other place, who calls them the UK’s rainforests. These habitats store vast amounts of carbon, regulate water flow, support biodiversity and, crucially, when healthy, are more resilient to wildfire. England’s peatlands are of huge international importance and, when healthy, provide lots of environmental benefits. However, 80% of England’s peatlands are degraded, with rotational burning being a contributing factor in upland areas. Burning also has negative impacts on air quality and human health. Large-scale burning of vegetation releases vast amounts of smoke into the air, impacting local communities. The evidence is clear: wet, healthy peatlands are far less likely to burn during wildfires. When peat is saturated, it resists ignition, slows the spread of fire and prevents deep burns that can release stored carbon and destroy the habitat irreversibly. Repeated burning dries out the peat, alters its hydrology and makes it more vulnerable to fire. Climate change also contributes to drying out peatlands. Rising temperatures and reduced rainfall further impact the hydrology of these habitats, lowering the water table. The noble Earl, Lord Lytton, who brought his experience of managing peatland areas in Exmoor to bear in his contribution, raised the impact on the hydrology of those peatlands. It is clear that restoring peatlands helps to raise the water table, which promotes the growth of key species, such as sphagnum moss and cotton grasses, and prevents overdominance of drying species such as heather or linnaea. Having a water table which sits close to the surface leads the site to being more resilient to the impacts of wildfire and reduces the likelihood of fire getting into the peat, causing further damage. A study following a 2019 wildfire in the flow country peatlands in Scotland suggested that the wildfire caused mostly superficial burning, except in the most degraded areas. The conclusion of this study implied that peatlands with wet conditions have the potential to help reduce the impacts of severe wildfires. We know that rotational burning can perpetuate the risks in the long term by altering the hydrology of blanket bog and making it impossible to return to its natural state. The flow country study is evidence from the field and supports the Government’s position that restoration and protection are the best long-term strategies for wildfire resistance. Some have argued that restricting burning will allow vegetation to grow unchecked, increasing fuel loads and therefore fire risk, and we heard that in the debate this afternoon. While understandable, this concern overlooks the broader picture. First, burning is not the only tool available to manage vegetation. Mechanical cutting, grazing and other sustainable methods remain permitted and encouraged. These regulations do not restrict these practices. Secondly, the licensing regime remains in place. Where no feasible alternative exists, land managers can apply for a licence to burn specifically to reduce the impacts of wildfire. This is not a blanket ban; it is a targeted, evidence-based approach that allows for flexibility in exceptional circumstances. This is probably as apt a time as any to refer to the noble Earl, Lord Leicester, whose conclusion referred to the discussion at the recent G7 summit, which talked about controlled burning being part of a strategy to decrease the risk of extreme wildfires. Indeed, we are not saying that burning is not the right tool in some places and for the right habitats. We are saying that, while it is a tool that works in other habitats that are at risk of extreme wildfires—one thinks, obviously, of California—it is not necessarily the right tool for all habitats, and we are thinking particularly about protecting peatlands. Thirdly, the newly revised heather and grass management code provides clear guidance on sustainable land management, including how to manage fuel loads without resorting to damaging burning practices. We have also taken steps to improve the licensing system itself. These aim to reduce complexity and enhance co-ordination to make the process faster, more efficient and easier to navigate for applicants. We have also removed impractical grounds as a rationale for granting a licence, such as the land being inaccessible to cutting equipment. This should be considered in all cases whenever a licence application is made to evidence why burning is the only available option, rather than the ground for application. Instead, we have introduced a new, legitimate ground for research and education, and have extended the conservation ground to include the natural and historic environment, recognising the importance of maintaining archaeological features.