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9.15 pm
Sir George Young: Is it possible for the Minister to say that by the end of June 2001, for example, he expects the regulations to have been made? Is that a target with which he could identify himself?
Mr. Mullin: I do not want to get trapped into giving any specific target date, but I would be extremely disappointed if we had not sorted out the matter by then. On the basis of those sentiments, I hope that the right hon. Gentleman will not press his amendment.
Lords amendments Nos. 100 to 103 agreed to [Some with Special Entry].
Before Clause 66
Lords amendment: No. 104, to insert the following new clause--Conservation of biological diversity--
.--(1) It is the duty of--
(a) any Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975),
(b) any Government department, and
(c) the National Assembly for Wales,
in carrying out his or its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biological diversity in accordance with the Convention.
(2) The Secretary of State, as respects England, and the National Assembly for Wales, as respects Wales, shall each publish a list of, or lists which together comprise, the living organisms and types of habitat which in the opinion of the Secretary of State or the Assembly (as the case may be) are of principal importance for the purpose mentioned in subsection (1).
(3) Without prejudice to subsection (1), it is the duty of a listing authority to take, or to promote the taking by others of, such steps as appear to the authority to be reasonably practicable to further the conservation of the living organisms and types of habitat included in any list published by the authority under this section.
(4) Before publishing the list or lists required by subsection (2) the listing authority shall consult the appropriate conservation body as to the living organisms or types of habitat to be included in the list or lists.
(5) Each listing authority shall, in consultation with the appropriate conservation body--
(a) keep under review any list published by the authority under this section,
(b) make such revisions of any such list as appear to the authority to be appropriate, and
(c) publish any list so revised.
(6) A duty under this section to publish a list is a duty to publish it in such manner as the listing authority thinks fit.
(7) In this section--
"appropriate conservation body" means--
(a) as respects England, English Nature,
(b) as respects Wales, the Countryside Council for Wales;
"biological diversity" has the same meaning as in the Convention;
"conservation" in relation to a living organism or type of habitat, includes the restoration or enhancement of a population or habitat;
"the Convention" means the United Nations Environmental Programme Convention on Biological Diversity of 1992;
"habitat" has the same meaning as in the Convention;
"listing authority"--
(a) in relation to a list which the Secretary of State is required to publish under this section, means the Secretary of State;
(b) in relation to a list which the National Assembly for Wales is required to publish under this section, means the National Assembly for Wales.")
Mr. Meacher: I beg to move, That this House agrees with the Lords in the said amendment.
This is one of those happy occasions when there is a concurrence of views among all parties on the subject of biodiversity. The Lords amendment responds to the concerns expressed in the Standing Committee of this
House and repeated in the Lords and by the Select Committee on the Environment, Transport and Regional Affairs in the interim report on its investigation into UK biodiversity. There was very strong support for statutory underpinning for the conservation of biodiversity outside designated sites.The Government are committed to the conservation of biological diversity wherever it occurs. We tabled Lords amendment No. 104 to give new duties to Government Departments and the National Assembly for Wales to have regard to the purpose of biodiversity conservation, in accordance with the convention on biological diversity.
The Lords amendment also requires the Secretary of State and the Assembly to maintain lists of living organisms and habitat types of principal importance for the conservation of biodiversity, and to take steps, and promote others to take steps, to further their conservation. The amendment provides a comprehensive and effective statutory basis for the current partnership approach to the biodiversity action plan, while allowing flexibility for the future. It also encourages the integration of biodiversity conservation into policy across the Government, which is a central element of the convention's provisions.
I thank all those who have been involved in discussion of the issue. I believe that the resolution will be satisfactory to all parties.
Mr. Green: I concur with the Minister that, through all the stages of the Bill, many of us on the Conservative Benches and on other Benches have demanded statutory backing for biodiversity action plans to be part of the Bill.
As the right hon. Gentleman knows, we have argued all along that there are good and bad parts in the Bill, and that its main use will be in improving the protection of wildlife in Britain. That is why we were so much in favour of this measure, and we are delighted that the new clause will appear in the Bill.
Pursuing the line of thought that there are good and bad parts in the Bill, I am sure that the irony will not be lost on the Minister and his colleagues on the Labour Benches that all the good parts were introduced or significantly enhanced in another place. If the Bill had only gone through another place and never touched this House, it would be the ideal wildlife protection Bill.
However, we have what we have before us, and it would be churlish not to welcome the parts in which the Government have taken steps forward, as we requested. I expect that the clause will make a substantial long-term beneficial difference to the preservation and enhancement of wildlife of all kinds in this country, so we welcome it.
Mr. David Heath: I suspect that it is slightly spurious logic to suggest that amendments introducing improvements to the Bill have come about entirely because of what happened at the other end of the building, rather than because of a delayed reaction to arguments advanced in Committee and in the Chamber. However, I welcome what the Government have done in this instance. It is an extremely significant move on their part. The argument was advanced in Committee that there should be statutory underpinning of a biodiversity action plan.
The Government have gone further than that by enshrining the convention on biological diversity in law. That is to be welcomed. It will give a tremendous boost to conservation outside protected sites. It will encourage species recovery programmes and habitat restoration schemes. Congratulations go to the Government on doing what was essential if the Bill was to meet its conservation objectives.
Mr. Llwyd: I add my congratulations to the Government on this important part of the Bill; it was the subject of considerable debate in Committee. I differ from what the hon. Member for Ashford (Mr. Green) said. I am not sure that those in another place were able to get things entirely right. There were some pretty good and persuasive arguments advanced by Opposition Members in Committee. I know that the hon. Gentleman might have been jocular; I too am not without a sense of humour.
It is patently obvious that there is a need for what has been done. In Wales, for example, there are 222 species and habitat action plan areas that are relevant. In other words, there are 222 species and habitats in Wales that are currently endangered. The Countryside Council for Wales is the leading body in the UK on biodiversity, and its contribution is important. I am not sure to whom I am pleading, but that body, like other similar bodies, says that it is extremely underfunded. At present, it is able to work on only 120 of the 222 action plans. Knowing the Minister's sincerity and his interest in these matters, I am sure that I have made the point sufficiently clearly.
I am extremely pleased that the Government have seen fit to introduce proper statutory underpinning. I pay tribute to some of the bodies that lobbied during our earlier consideration of the Bill, particularly the Royal Society for the Protection of Birds, which was persuasive in its support and the definite need that it saw for the underpinning of the biodiversity action plan. I am pleased that the Government agree with the amendment, having agreed with the other place.
Clause 74 goes slightly further than the RSPB agenda in that, as the hon. Member for Somerton and Frome (Mr. Heath) said, it enshrines the convention on biological diversity which was signed at the Rio summit in 1992. It is a substantial breakthrough for the conservation of wildlife outside protected sites. It must be a much needed boost to the implementation of species recovery programmes.
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