Joint response from Countryside Agency and English Nature

Parliamentary Brie

The Natural England partnership[1]welcome and support the Natural Environment & Rural Communities Bill and the creation of Natural England. We believe it will bring real benefits for the environment and for people.

 

What is to be gained by creating Natural England?

1. A more powerful champion of the natural environment, and the benefits that the environment brings for people, than the three existing organisations can achieve separately.

 

With a broad remit and a single voice, Natural England will be able to advise and act at national, regional, and local levels, to ensure the environment is properly taken into account.

 

2. It will make an essential and fundamental contribution to the country's sustainable development, as Natural England safeguards and builds natural resources that contribute to economic growth and quality of life, and maintains that resource for future generations.

 

3. Integrated action to conserve and enhance biodiversity, landscape and the historic environment, and the protection of soil and water - better protecting the quality of the natural environment, increasing its ability to cope with change and offering greater opportunities for recreation and enjoyment.

 

Natural England will operate from sea bed to mountain top through the countryside and to the city centre.

 

4. Integrated action at the landscape scale, particularly through the use of new agri-environment schemes, will better deliver the Government Public Service Agreement (PSA) targets on both Sites of Special Scientific Interest (SSSIs) condition and farmland birds.

 

5. Opportunities to strengthen the link between people, places and nature. A strong emphasis on promoting understanding and enjoyment of the natural environment that will foster a greater public commitment to the environment and its wider benefits - health, community cohesion and wellbeing.

 

This will apply just as much in towns and cities, and on the coast and sea, as it does to the countryside.

 

6. Opportunities to streamline the number of sources of advice to all partners, including national and regional Government, landowners and managers, from three to one. This will lead to improvements in the quality of advice by consolidation of a wide range of expertise.

 

There will also be simpler funding arrangements across land management schemes and other programmes, again improving service to land managers.

 

Together with efficiency gains from merging the three organisations, this will allow more effective delivery to customers and a higher proportion of Natural England's budget to be spent on front line services.

 

Specific comments from the Natural England partnership on the Bill

Part 1 - Natural England

1. Natural England will bring together English Nature and parts of the Countryside Agency and the Rural Development Service; we are pleased that all existing functions of English Nature and the Landscape Access and Recreation division of the Countryside Agency are transferred to Natural England (Clause 1(4)).

 

2. Natural England needs a clear general purpose that should be enabling rather than prescriptive, inclusive rather than narrow, and forward-looking rather than retrospective. Thus, we welcome the broad definition of general purpose and the examples provided in subsection 2 of Clause 2.

 

We believe that this framework provides the right scope for Natural England to make balanced judgements about delivering its remit (Clause 2).

 

3. We have always been concerned that the work of Natural England is not restricted, or seen to be restricted, to the rural countryside alone. It would be helpful if their Lordships, during debate, could underline the breadth of Natural England's remit which should encompass rural, urban and coastal areas, and would include natural and semi-natural habitats, and the conservation of geodiversity and biodiversity, habitats and ecosystems (Clause 2).

 

4. Natural England will contribute in a fundamental way to the delivery of sustainable development and delivering benefits for future generations.

 

It will build natural resources that will contribute strongly to economic growth and quality of life (Clause 2(2(e)), and will do so in a way which is consistent with sustainable development. Natural England will work closely with partners and stakeholders to deliver sustainable land management (Clause 2).

 

5. We do not support the view that a 'conflict resolution clause' is either necessary or appropriate for the face of the NERC Bill. Firstly, we believe that conflict between, for instance, recreation and conservation will be unusual and where it occurs can almost invariably be resolved with appropriate management.

 

Secondly, we believe that the general purpose - "to ensure that the natural environment is conserved, enhanced and managed for the benefit of present and future generations, thereby contributing to sustainable development" - already gives sufficient guidance were there ever to be conflict.

 

Lastly, we feel that the whole ethos of the Bill is to establish an agency with an integrated overview of the natural environment - an agency that will be called upon to exercise judgement. It is not helpful to curtail that judgement, from any side, at the agency's birth (Clause 2).

 

6. We welcome the provision of general implementation powers. The broadening of powers to make voluntary Management Agreements (Clause 7) with land managers will allow Natural England to provide incentives for good environmental management wherever it is appropriate.

 

We welcome the powers to make Experimental Schemes (Clause 8) that allow the trialling of innovative land management and other techniques that will help meet the challenges of conserving a rapidly changing environment and engaging the public in its care and enjoyment (Clauses 7 and 8).

 

7. Powers provided under 'Other Functions' are welcomed, although we do not envisage that the provision of consultancy services, charging for services nor the bringing of criminal proceedings will be substantial parts of Natural England's delivery (Clauses 9 to 13).

 

8. As a non Departmental Public Body, we accept the need to account to government in fulfilling our statutory duties as set down be Parliament. We therefore accept also the powers for Government to guide and, in the last resort, direct Natural England.

 

We welcome the reassurance given in Clauses 15 and/or 16 by the requirements to consult, the tranparency of publication and the specificity of the obligation set out therein.

 

These reassurances are, if anything, greater than those that curently apply to English Nature and the Countryside Agency, which have never been accused of lacking independence and have a strong track record of influential policy advice (Clauses 15 and 16).

 

Part 2 - Nature conservation in the UK

9. We support the arrangements set out for the Joint Nature Conservation Committee, noting the strong continuation of existing functions and duties within a remit that would in future encompass the whole of the United Kingdom (Clauses 31 to 39).

 

Part 3 - Wildlife

10. We support the duty conferred upon public authorities to have regard to the conservation of biodiversity, which provides a mandate for them to work in partnership with Natural England (Clause 40).

 

11. We welcome also further widening of provisions to increase the protection afforded to wildlife from pesticide abuse (Clause 43), increase protection for certain bird nests (Clause 46), and increase protection for birds released as part of repopulation programmes (Clause 47).

 

Even today, the conservation of certain birds, particularly large raptors, is still hindered by illegal persecution (Clauses 43 to 47).

 

12. We support powers to restrict the sale of certain invasive non-native species (Clause 49) and the provision for the Secretary of State to issues codes of practice concerning invasive non-native species (Clause 50). Non-native species are a significant and increasing threat to Britain's biodiversity and measures to prevent their spread are crucial.

 

We look forward to codes of practice being issued by Defra in the near future, and to timely and informed revision of the appropriate schedules mentioned in these sections (Clauses 49 to 50).

 

13. We welcome the extension of time limits for wildlife offences; such offences in isolated areas are often difficult to detect and the extension of time limits will increase the likelihood that serious offenders are brought to justice (Clause 52).

 

Part 4 - Sites of Special Scientific Interest (SSSIs)

14. The NERC Bill delivers four improvements to the existing legislation that protects Sites of Special Scientific Interest (SSSIs). These either close loopholes that could be potentially problematic, or provide a legal backstop that should reduce damage to special wildlife sites. We welcome all the following changes:

• Clause 54(2) provides an offence for public authorities who permit damage to SSSIs by failing to notify Natural England of an operation.

• Clause 54(3) should deter people from intentionally or recklessly damaging SSSIs. The levels of fine attached for this offence are lower than in existing legislation, but the burden on Natural England to prove that the offender knew the site was an SSSI is removed.

• Clause 55 allows Natural England to erect signs on SSSIs, and protects them from damage, further enabling the effective provision of information to the public. Schedule 11, Clause 169 clears a technical error and allows modifications to SSSIs notified prior to 1985 (Clauses 54, 55 and Schedule 11).

 

Part 5 - National Parks and the Broads Authority

15. We welcome the continued role for Natural England as a champion for England's National Parks and Areas of Outstanding Natural Beauty and look forward to working in partnership with their managing bodies.

 

16. We welcome the additional flexibility being applied in respect of the constitution of National Park Authorities. While welcoming the opportunity this will provide to accommodate specific local needs, we would stress the importance of maintaining the appropriate balance of national and local representation within each authority (Clause 57).

 

17. We welcome the amendments to the process of notification of agricultural operations on moor and heath in National Parks which should provide a more effective system (Clause 59).

 

Part 6 - Rights of Way

18. We welcome the provisions of the Bill to stop allowing the claiming of modern day rights for motor vehicles to use largely unsurfaced ways in the countryside based either on historic use by horse and carts, or on illegal use by motor vehicles. Such motorised use was never envisaged when the ways were created and impacts on the enjoyment of people on foot, horseback or bicycle, and is not

sustainable (Clauses 61 to 64).

 

Part 8 - Flexible administration arrangements

19. We support the Bill's aim to simplify existing bodies and accept the need for a flexible 'delivery landscape' for the future. It is important, however, that Natural England remains independent. We believe that delegation of functions by the Secretary of State (Clause 71) are appropriate, with provisos that require publication (Clause 78(2)), and Parliamentary scrutiny (Clause 73(6)) (Clauses 71, 73 and 78).

 

For further information please contact:

Alex Machin, Parliamentary Officer, English Nature

Telephone 020 7340 4870 or email alex.machin@english-nature.org.uk

 

Matthew Heard, Senior media and public affairs officer, Landscape, Access and Recreation, the Countryside Agency

Telephone 01242 533 476 or email matthew.heard@countryside.gov.uk

 

Catherine Hall, Higher Executive Officer, Rural Development Service Change Unit

Telephone 0207 238 5399 or email catherine.hall@defra.gsi.gov.uk