§ 3.24 p.m.
§ Lord Moran asked Her Majesty's Government:
§ How they intend to implement the EC habitats and species directive.
§ The Parliamentary Under-Secretary of State, Department of the Environment (Baroness Denton of Wakefield)My Lords, the responses to our consultation paper on implementation, issued on 4th October, are being considered before the introduction next year of transposing regulations under Section 2 of the European Communities Act 1972. The policies and programmes which will help to achieve the objectives of the directive will be taken forward in the context of the biodiversity action plan arising from the commitments entered into in Rio last year. That plan will be published in January.
§ Lord MoranMy Lords, I am grateful to the Minister for that Answer. I welcome the Government's plans, so far as they go, but will the Minister take account of the representations made to her department that the Government's proposals do not take adequate account of the key objective in the directive requiring restoration of habitats such as lowland heaths and wetlands, and the restoration of endangered and vanishing species, to attain what is defined in the directive as "favourable conservation status"? Does she also accept that in the case of—
§ Lord Moran—strategic environmental assessment under Article 6 of the directive there appears to be a danger—
§ Lord MoranMy Lords, I am asking whether the Minister accepts that there is a danger that the Government might be in legal breach of the directive, and—
§ Lord Moran—that, in respect of Northern Ireland, it appears that progress has been so slow that it will be difficult to meet the June 1994 deadline.
§ Baroness Denton of WakefieldMy Lords, I am pleased to reassure the noble Lord that we believe the regulations will take full account of all the requirements of Article 6; and that the Government intend full implementation across the UK. Northern Ireland has already issued a consultation paper. Favourable conservation status, a point upon which the noble Lord dwelled, is a general concept running through the 1459 directive which will influence interpretation of numerous aspects. We shall seek to agree a common interpretation with colleagues in other member states. The noble Lord can be assured that our commitment to the habitats directive is 100 per cent.
§ Lord Beaumont of WhitleyMy Lords, is the Minister aware that this morning at a conference on biodiversity in the Queen Elizabeth II Conference Centre across the way the Government received, at the very most, one-and-a-half cheers for what they have been doing? What do the Government propose to do, under present obligations and powers, as well as under future ones, to stop the leach and damage to SSSIs, stemming largely from landowner neglect?
§ Baroness Denton of WakefieldMy Lords, as the biodiversity plan has still to be published I am surprised that it received one-and-a-half cheers. There seems to be some scaremongering about SSSIs. English Nature reports that in recent years only one SSSI in England has been lost.
§ Baroness NicolMy Lords, does the Minister accept that there is concern among NGOs that the Government appear to be pursuing a piecemeal approach to environmental methods, especially marine environmental matters? Will the Government make it a statutory requirement that each designated site should have a management plan and that there should be a designated lead organisation for that plan?
§ Baroness Denton of WakefieldMy Lords, I have heard about the concern among NGOs that the noble Baroness expressed. The department has consulted them extensively, and will continue to consult on the criteria. Nature conservation agencies have the opportunity to develop management plans for protected areas. The Government encourage that. We believe that conservation is best achieved, where possible, by voluntary activity.
§ Lord Mackie of BenshieMy Lords, can the Minister assure the House that she has no plans to restore the habitat for wolves in the Scottish Highlands?
§ Baroness Denton of WakefieldMy Lords, the noble Lord will be reassured to know that we are planning legislation by regulation to implement the directive.
§ Lady Saltoun of AbernethyMy Lords, so far as Scotland is concerned, is it envisaged that Scottish Natural Heritage or, where appropriate, the Red Deer Commission will be consulted before sites or special areas are designated?
§ Baroness Denton of WakefieldMy Lords, I am pleased to say that on all issues there will be full consultation with those who are expert in the field.
§ Lord Williams of ElvelMy Lords, will the Minister confirm that the regulation that the Government are about to issue is under the European Communities Act 1972? Will she further confirm that such a regulation is designed under the Act only to meet the minimum requirements of the directive? Will she further 1460 understand that such a regulation cannot be debated paragraph by paragraph by your Lordships and is not amendable and that furthermore it is the practice of your Lordships not to vote on such regulations? Will the Government come clean and introduce primary legislation which we can debate properly to implement this directive?
§ Baroness Denton of WakefieldMy Lords, I am pleased to tell the noble Lord that we believe that the framework of the Wildlife and Countryside Act 1981 has worked successfully and will continue to work successfully. The regulatory route is the one which will allow us to implement the directive successfully.