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My Lords, I begin by quoting the Government’s own words from a biodiversity strategy published jointly with the devolved Governments in February 2025:
“Biodiversity is key to all the processes that support life on Earth. We rely on it for our essential needs, like food, shelter, energy and medicine, as well as for the ecosystem services it provides, such as climate regulation, flood management, water purification, disease and pest control, and pollination. Additionally, more than half of the world’s gross domestic product … is highly or moderately dependent on nature”.
You would therefore think that the Government, and Governments around the world, would have established legal systems and forms to effectively protect and enhance nature, but that is not what is happening—particularly in the UK, one of the most nature-depleted countries on earth, as the State of Nature report of 2023 concluded. That report was arguably very soon after the 2021 Environment Act, which set the very modest target of halting the decline in species abundance by 2030.
But half a decade after the Act, there are still scant signs of progress. For evidence, I go to a peer-reviewed study by the UK Centre for Ecology & Hydrology, out this year, which found little sign of an end to the spiralling decline. Its lead author pointed to the grave risk of loss of the merlin, the mountain ringlet, large heath butterflies and plants such as burnt orchid, grass-of-parnassus and alpine gentian, and many other species. The lead author said:
“This will negatively affect local habitats and a range of ecological functions, from soil health and nutrient cycling to pollination and food production, with knock-on effects for wildlife and people”.
That reflects what is happening around the world. The UN Environment Programme found in 2019 that 150 countries have enshrined environmental protection or the right to a healthy environment in their constitutions, 176 countries have environmental framework laws and 164 countries have created cabinet-level bodies for environmental protection.
However, the laws for environmental protection have not worked. That is not surprising, for as Mari Margil from the US Centre for Democratic and Environmental Rights explains,
“environmental laws are put in place to determine how much we can harm or exploit nature”.
Environmental laws and regulations have not fundamentally changed the rate of environmental destruction, despite 60 years or more of awareness of environmental issues and half a century of environmental law. Short-term economic interests, particularly of powerful companies—now with resources and power rivalling those of all but the largest states—and nations’ determination to exploit and extract from states unable or unwilling to resist them, through mining, logging and polluting, have overwhelmed what are essentially ineffective legal provisions.
That has potentially existential consequences for humans and for our nation. The long-delayed and still not fully released joint intelligence chiefs’ report that finally emerged in January identified six ecosystem regions that it called
“critical for UK national security”
and which it said were, on a reasonable worst-case scenario, on the “pathway to collapse”.
The search has therefore begun for an alternative approach to secure the future of our biosphere and all our futures. The approach that many have settled on, and which the Bill brings in, is that of rights to nature.
I thank the Parliamentary Office of Science and Technology for setting out a clear briefing about the ethical framework of rights to nature. It notes that there are “competing views” on this, and I expect we will hear some of those today, but it is worth going back through the origins of this issue.
The origins of this alternative approach are often traced back to Christopher Stone’s Should Trees Have Standing?, published in 1972, who noted that, for many centuries, women and slaves were not fully recognised as legal subjects, and described how there had been a progressive widening of the law’s circle of concern. Stone proposed that
“we give legal rights to forests, oceans, rivers and other so-called ‘natural objects’ in the environment—indeed, to the natural environment as a whole”—
which is what the Bill does.
The “rights to nature” approach offers a reset in our relationship and the ending of the disastrous 17th-century paradigm: a mechanistic worldview that falsely separates people, nature and the economy as though they can operate independently. Global application of that paradigm has led to this disaster, as the Stockholm Resilience Centre charts—literally, in the case of one diagram showing the current state of human impacts on nine planetary boundaries; seven of them have not just been exceeded but smashed. As the European Economic and Social Committee spokesman said:
“It’s irrational to have societal systems that undermine Nature”.
As one of the many who have mustered on Instagram to support the Bill put it beautifully, we need a green Magna Carta—and that is what the Bill I present before your Lordships today is.
The Bill was written by lawyer Mumta Ito of the Nature’s Rights charity, drawing on experience working with the UN Harmony With Nature programme—for more of its foundations your Lordships can go to a study conducted for the European Economic and Social Committee, Towards an EU Fundamental Charter for the Rights of Nature. What I present here today is a new legal framework that recognises nature’s rights as the foundation of human rights and social and economic activity. It aligns law with modern scientific understanding.
This is a long Bill, particularly for a Private Member’s Bill, at 57 pages, and it not only sets down a major change in legal principle but would: establish a legal duty of care for public bodies, business and individuals; establish an integrated rights framework; introduce mechanisms for dispute resolution and legal enforcement; establish a nature guardianship council, bioregional councils and a nature’s rights tribunal; and create a governance structure for implementation and integration. As usual, our excellent Library briefing sets out the impact of the Bill clause by clause, and the Bill itself is written in clear and accessible language, with a particular focus on ensuring that democracy and local democratic voices are at the heart of decision-making across its proposals. If we are going to “Change Everything”—yes, I have a book out with that title—we have to set out a plan, as well as a paradigm shift.
However, in this introductory speech I will concentrate chiefly on the major change in legal principle and approach—nature’s rights—because making the case is the first step to delivering it. I will focus on making the case for rights of nature as the foundation of a healthy society—and for all our futures—to genuinely, at scale, not just protect the fragments of poisoned, degraded, limited nature that we have left but regenerate it.
To do that, I will briefly outline the international picture. For, while the Bill is, I believe, the most comprehensive to be considered by any global legislature, the concept of rights of nature, and its application, has been spreading like a rich and diverse mycorrhizal fungal network, nourishing a flourishing tree of legal change.
To quote the Oxford Handbook of Comparative Environmental Politics, published in 2021, rights of nature has gone from being a radical idea espoused by only a handful of marginalised actors to a legal strategy seriously considered in a wide variety of domestic and international policy areas. Its authors count 185 legal provisions recognising rights of nature in 17 countries across five continents, with 50 more pending in 2021 across a dozen other countries. Rights of nature are also now recognised in many international policy documents.
Two exemplars are to be found in New Zealand—centred on the Whanganui River, a famous example—and Ecuador. Both cases are inspired, as is the whole nature’s rights movement, by indigenous thinking: the foundations of cultures that have existed for many thousands and in some cases tens of thousands of years, which have allowed human societies to live and flourish without trashing their local environments or the planet. Perhaps the most globally comprehensive is Article 71 of the Ecuadorian constitution, written in 2008:
“Nature, or Pacha Mama, where life is reproduced and occurs, has the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes”.
It is important to say that the Bill does not represent an alternative to very strong local action, such as by the Friends of the Thames and the Western Sussex Rivers Trust, working on rights of rivers, and declarations of the rights of rivers—on which the House of Commons Library recently wrote an excellent report—but, rather, it is complementary to those efforts. Defending the rights of one river can have only a limited impact on the microplastic and nano plastic pollution that now covers the planet, the explosion of novel entity pollution that has far exceeded the planet’s limits, and of course the climate emergency, with every tonne of carbon dioxide emitted having global impacts and every tonne prevented being emitted being a global positive. All that demands far broader action than just a focus on one river, as important as that is.
It is also entirely complementary with the campaign, of which I declare I am a member, to create an international offence of ecocide, and calls—on which I am also working—to strengthen the rights of Antarctica to continue to exist as a healthy part of the cryosphere. It also fits very well with the One Health approach that acknowledges that human, animal and environmental health are all interdependent.
I very much look forward to our debate today, and I thank the wide range of Peers who have signed up to participate. I particularly look forward to the Minister’s response, for the world is watching—I can say that from the social media interest that this debate has already generated.
The UK Government currently have no stance on the rights of nature on the formal record that the House of Lords Library could find. Two years ago, at the United Nations, the Tory Government caused international upset at the United Nations by vehemently opposing a Motion from Bolivia on
“living well in balance and harmony with Mother Earth and Mother Earth-centric actions”.
That included a passage on the rights of nature.
However, we now have a Labour Government, and I trust that we will hear for the first time whether they have moved on from that disastrous anthropocentric perspective of 2024. Labour’s 2024 manifesto acknowledged that we are in a “nature emergency” and said it would tackle
“the unforgivable pollution of our rivers and seas … promote biodiversity, and protect our landscapes and wildlife”.
In the nature’s rights debate, the Government have a chance to acknowledge demands acknowledging a place for nature, not as a source for extraction but as a place for the human and the more than human to flourish.
To conclude, any noble Lords participating today might like to check out Instagram, to see a positive use of social media offering broad support for the Bill from around the UK and beyond. I will finish with the words of one of those posts, from 12 year-old artist and naturalist Benjamin Fallow, who made a video supporting the Bill. He said:
“Listen to the children … we need nature and wildlife to survive”.
I beg to move.