Draft British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021

Monday 21st June 2021

(2 years, 10 months ago)

General Committees
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The Committee consisted of the following Members:
Chair: Mr Philip Hollobone
Ali, Rushanara (Bethnal Green and Bow) (Lab)
Bryant, Chris (Rhondda) (Lab)
Caulfield, Maria (Lewes) (Con)
† Charalambous, Bambos (Enfield, Southgate) (Lab)
Duguid, David (Banff and Buchan) (Con)
† Foster, Kevin (Parliamentary Under-Secretary of State for the Home Department)
Harris, Rebecca (Lord Commissioner of Her Majesty's Treasury)
Holmes, Paul (Eastleigh) (Con)
Long Bailey, Rebecca (Salford and Eccles) (Lab)
Mak, Alan (Lord Commissioner of Her Majesty's Treasury)
Mann, Scott (Lord Commissioner of Her Majesty's Treasury)
† Owatemi, Taiwo (Coventry North West) (Lab)
† Pursglove, Tom (Corby) (Con)
Thomson, Richard (Gordon) (SNP)
† Throup, Maggie (Lord Commissioner of Her Majesty's Treasury)
Tomlinson, Michael (Lord Commissioner of Her Majesty's Treasury)
Twigg, Derek (Halton) (Lab)
Nicholas Taylor, Committee Clerk
† attended the Committee
First Delegated Legislation Committee
Monday 21 June 2021
[Mr Philip Hollobone in the Chair]
Draft British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021
16:30
None Portrait The Chair
- Hansard -

I remind Members about the social distancing regulations. Spaces available to Members are clearly marked. I also remind Members that Mr Speaker has stated that masks should be worn in Committee when not speaking. Hansard colleagues will be grateful if you could send any speaking notes to hansardnotes@ parliament.uk.

Kevin Foster Portrait The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
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I beg to move,

That the Committee has considered the draft British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021.

It is a genuine pleasure, as always, to serve under your chairmanship, Mr Hollobone. For the Committee’s convenience, I will henceforth refer to the draft statutory instrument as the British Nationality Act SI.

Free movement ended on 31 December 2020, under the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020. The Act enabled us to deliver on manifesto promises to the British people and paved the way for the new points-based immigration system, which began operating from 1 January 2021. As part of the package of legislation for those changes, Parliament also approved the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. These regulations provide an additional six months, referred to as the grace period, in which a European economic area or Swiss national and their family members—it is not just EEA and Swiss nationals who acquire rights in terms of free movement—who are resident here by the end of the transition period can make an application to the EU settlement scheme by 30 June 2021 for the status they need to secure their rights under the citizens’ rights agreements and to have their existing EEA residents’ rights protected in the meantime.

Millions have applied for status under the EU settlement scheme, with more than 5 million grants of status having already been made, and thousands more being made every day. The immigration rules for the scheme, at appendix EU, confirm that, in line with the citizens’ rights agreements, an application can be made after the 30 June deadline where there are reasonable grounds for missing the deadline or for not being aware of the need to apply.

The British Nationality Act SI reflects the ending of the grace period on 30 June 2021 and the scope for an application to the EU settlement scheme to be made after that date, or to be decided after that date if it has been made before it. The SI protects nationality rights for children born after 30 June but before the outcome of such an application. The British Nationality Act SI is made specifically under the delegated regulation-making power in section 5 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act, the scope of which was debated extensively in both Houses during the passage of the legislation.

In keeping with the limitations of the section 5 powers, therefore, the draft SI amends primary UK legislation as a direct consequence of, or in connection with, the provisions in part 1 of the 2020 Act, which ended free movement. Hence it is applied only to children born after free movement and the grace period have ended. The effect of the legislative changes is to allow a child to become a British citizen automatically when born in the UK after 30 June 2021 and once the EU settlement scheme application submitted by their parent or parents is resolved through a grant of indefinite leave, known to the EU settlement scheme as settled status, which occurs after that birth.

That may occur in two scenarios. The first is where an application was submitted in time for the 30 June deadline but has not been resolved at the point when the child is born. The second is where an application is submitted after the 30 June deadline, based on reasonable grounds for missing it, and is resolved favourably after the child’s birth. In that scenario, the parent needs to demonstrate that they would have met the relevant eligibility requirements immediately before 1 July 2021 had they applied in time for the EU settlement scheme. The immigration rules and guidance already set out how any late applications to the EU settlement scheme should be considered and the approach that will be taken on what may constitute reasonable grounds. Again, I emphasise that the list of examples of “reasonable grounds” is non-exhaustive. Each application will be considered on its own merit, rather than needing to tick one of the boxes in that guidance.

Under the provisions, the child’s acquisition of British citizenship would take effect from the date of the successful grant of indefinite leave to a parent, from which point the parent will be considered settled in the UK. The section 5 powers do not permit us to put in a retrospective acquisition of nationality from the date of birth. We believe that this SI provides clear protection for a child in that position, without the need for them to make a separate nationality application or pay an associated fee. That reflects the unique position of those covered by it. In effect, there would be reasonable grounds for a late application if someone assumed that the combined factors of their having settled in the UK and of their child being born here meant that they were a British citizen at birth. That is very much why we see this as a unique area and provision. Given what I have outlined about late applications and the provision of decisions on those made in time, the change will come into force on 1 July, immediately after the end of the grace period, so there is no break in legal cover.

The British Nationality Act SI reflects the end of the grace period afforded to those EEA or Swiss nationals and their family members who require additional time to submit an application to the EU settlement scheme, and the impact that might have on a child’s nationality where such an application has not been resolved or even submitted at the date of birth. It ensures that there are no unintended consequences in terms of citizenship law from this generous provision. It is an essential step in protecting the status of children and their British citizenship—a status that someone may have had reasonable grounds to believe their child already had. I commend this statutory instrument to the Committee.

16:37
Bambos Charalambous Portrait Bambos Charalambous (Enfield, Southgate) (Lab)
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It is a pleasure to serve under your chairmanship again, Mr Hollobone. The Opposition support the draft regulations. We believe that a child born in the UK to parents who have the right to settled status should be able to access citizenship where that status had not been granted when the child was born. To not allow children to access citizenship in such circumstances would clearly be unfair and go against legal precedent.

We believe that the UK’s proud tradition of inclusivity necessitates these draft regulations. However, we have several questions for the Minister about some points he made. We are concerned that children falling into the affected categories will have to register to access their citizenship. Anyone registering their British citizenship faces an exorbitant fee, which we have repeatedly challenged. The Government will know that the fee was recently declared unlawful. Therefore, we want to clarify that no such fees will be a consequence of the draft regulations. The Minister mentioned that a child will automatically acquire citizenship. Will he confirm that there will be no fee for that citizenship or subsequent registration?

We are concerned that, although the child’s British citizenship is not backdated to their birth, there is nevertheless a retrospective aspect of disapplying their parent’s lack of lawful status for the period between 1 July and the eventual grant of status. Should a person be rendered liable for NHS treatment and incur a bill before submitting a late application, they would continue to be liable for that treatment, regardless of gaining a grant of status. As the Minister knows, that could be thousands of pounds. We need assurances that the individuals affected by the legal changes will not be subject to retrospective NHS bills that might ensue if that status has not been acquired before that period.

The Government need to produce more information about how the draft regulations will operate. We need to know how EU citizens who become settled on or after 1 July 2021 and their children will be alerted to the right to citizenship. There needs to be provision for the public services that the parents encounter to be made aware of, and able to advise on, a child’s eligibility to citizenship. I know that the Minister said that that is automatic, but some public sector organisations might not be aware of that, which could cause problems in the future.

We are also concerned about other aspects of this change in the law, given the numbers of people involved in ongoing and existing backlogs of settled status cases. We understand that there is a very high number of backlogged cases. That is worrying given the new numbers of cases related to the changes outlined in the draft regulations, which will need to be communicated and actioned. It is vital that the Government have initiatives in place to deal with that. What will those be? It is also vital that the Home Office keeps accurate records of the time lag between applications made before the deadline and the date of the status decision. We would like assurances on that and on whether the Home Office will record the reasons for delays in each application.

We seek clarity about the transparency of records for those affected by the legal changes. One of the many lessons of the Windrush scandal is that safeguards must be in place for all affected children and their parents, carers or corporate parents to have easy access to records. We must not see a repeat of the heartbreak caused in the Windrush scandal by the lack of transparency in record keeping or the lack of reliability.

In summing up, I hope that the Minister will commit to ensuring that the changes to the law will not result in any problems for children or parents seeking records. Will the Department provide access to records for the child to whom section 10A applies? What other steps will the Department take to ensure that the child is able to confirm their British citizenship, whether during childhood or adulthood? I have already mentioned the issue of the fees not applying—the grant is automatic. Will the Minister provide assurances that there will be adequate provision of information to all those affected by the changes, now and in the years to come, when an affected child may need to confirm their British citizenship? We must ensure that, with all the changes, there is no possibility of repeating the mistakes of the Windrush scandal. Therefore, we seek maximum transparency and accessibility for those affected by the change. However, we will not oppose the draft SI.

16:42
Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

I thank my shadow for his overall constructive commentary and for the official Opposition’s support for the changes.

To give the hon. Gentleman the confirmation he seeks—I understand why he wants it—the BNA provision we are altering is the bit that refers to automatic recognition at birth. A child born to a British citizen or someone with permanent settled status here in the UK becomes a citizen as they are born. They do not need to register an application or to do anything in particular. People need to apply and register when other statuses are in play, but fundamentally automatic acquisition is very much what we have based the measure on. Rather than it being at the moment of birth, it is the moment when, under reasonable grounds, we say yes.

My oft-quoted example is of a child who is five today but who at 18 discovers that the council looking after them had not applied for their settled status. They then make an application to the Home Office, saying, “I was reasonably entitled to think my local authority had applied on my behalf,” and we say, “Yes, that is reasonable grounds.” If they have applied to university or for their first job and discovered that the application was not made, we say, “Yes, okay, you have settled status.” If they have had a child at 17, at that moment the child would become a British citizen—it is almost a birth event. There is therefore no need to apply for citizenship and there is no fee, because it just happens as a legal concept. In essence, we feel that many such cases will be where people might have assumed that their child was already British.

Where would that become relevant? As for many people, it might be when they apply for their first British passport. We would then go through that process to identify the grounds. This is not unique. We have a whole team in Her Majesty’s Passport Office who deal with derivative rights applications from someone whose parents were here as permanent residents, so it is an area with which the Passport Office is familiar.

I fully take on board the need to ensure that people are aware of the provisions, that those provisions are promoted and that in particular we ensure, working in an appropriate way with those parts of the NHS dealing with maternity, that people know their rights. I sometimes give the example of why we do not grant automatic settled status to children of parents with settled status in the UK. That is because, in virtually every case, we grant citizenship instead. These people do not need settled status because they are British citizens, and we cannot grant them an immigration status because they have right of abode instead.

One of the reasons we have gone through the process of the EU settlement scheme is to ensure good records. Even leaving aside people who are making late applications, when someone makes a passport application in years to come, it could be valuable and vital for them to know what their parents’ status was in the UK five or 10 years earlier. The whole reason we have gone through this process is so that there is a secure record of what status people hold.

A good comparator is that of Hong Kong and British nationals overseas. Next week, it will have been 24 years since the handover of Hong Kong to China. We still have the records—held, I believe, in HMPO—of everyone who was entitled to British national overseas status. We launched the route earlier this year and it could be quite a simple process to confirm that status as part of the application, even though it has now been over two decades since it was acquired.

Again, that is a lesson learned from back in the 1970s, when statuses were granted with no records taken. Yes, five or 10 years later, people could prove relatively easily their residence, where they were living and what they were doing here in the UK. But as time went on, as the lessons learned review showed, it became harder and harder for people to prove where they were living on 1 January 1973, and consequences flowed from that. We are keen to make sure that people can see and access their status, and that there is a clear record of it, for when children come to apply for their first British passport.

To be very clear, we were keen for that to be automatic, because with citizenship in particular we need to be specific. The issue of who is a British citizen should not really be open for debate. A person either applies for citizenship and is naturalised, or it is automatic when a particular event happens. Usually, that event is their birth. In this instance, a person might have assumed that their child was a British citizen at birth. Rather than take that away, we thought it better to alter the law so that their child has the status that they assumed existed—given their reasonable grounds for thinking that somebody had applied on their behalf for settled status—and is a British citizen, without any need for further action. Of course, we always encourage people to think of passports and documentation, but that child will be a British citizen and there will be no need for an application process. That will sit in primary legislation, because we are using the very narrow legal power that section 5 gives us to amend primary legislation purely in consequence of the change to free movement. We believe that to be appropriate in this instance, given that without the end of free movement—for the sake of argument—that person would have been British.

I hope that the shadow Minister understands why I cannot give a figure for how many people will be covered, because many of them have not even been conceived yet, let alone born. They are not even a twinkle in their mother or father’s eye. That could be some years in the future, but that is why we thought it important to make very clear now what the position would be, with no doubts around it. I appreciate some of the points that have been made. As hon. Members can imagine, we are working very closely with groups supporting the vulnerable to make sure that where EEA nationals come into contact with public services, there is very strong signposting towards the EUSS. To reassure the shadow Minister, we have already funded our grant-funded organisations up until September to ensure that there is advice and support available beyond—not just up to—the deadline for people who need that assistance.

In particular, work is being done with the NHS, particularly when people may need access to secondary healthcare. First, work is being done to facilitate automatic checks so that people who have EUSS are not being asked to take a status document to a hospital at a difficult time. Secondly, work is being done on the potential to engage when there are reasonable grounds to make a late application. Again, I emphasise that we will take a pragmatic and generous view of what constitute reasonable grounds where someone would clearly have qualified had they applied before the deadline.

I have gone through most of the issues. I hear the hon. Gentleman’s point about the large number of applications that we are currently working on. I have made clear that we are very keen to encourage as many people as possible. I know he will join me in that, but no one should hear stories that the large number of applications means that we will not be ready to accept others. We are absolutely ready to accept every application from everyone who is entitled to the status they deserve—our friends, our neighbours and those who came here in times of free movement. Our strong message to them is to get their applications in. If they have any doubts or problems, they can get in touch online, by phone or with one of our grant-funded organisations, which give people advice on getting their applications in.

We are deploying additional staff to work through the applications. To be very clear, it is on the face of law that when an application is made before 30 June, the person’s rights under law are protected beyond 30 June. That is in law and not just a commitment from the Home Office. We will take a proportionate and appropriate approach to those we encounter after 1 July who are entitled to EUSS and may have a reasonable ground for application, by giving them a window to make an application for EUSS. With that, I thank my shadow for his constructive comments.

Question put and agreed to.

16:51
Committee rose.

Draft Carbon Tax Budget

Monday 21st June 2021

(2 years, 10 months ago)

General Committees
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The Committee consisted of the following Members:
Chair: Philip Davies
Caulfield, Maria (Lewes) (Con)
Davies, David T. C. (Monmouth) (Con)
Duguid, David (Banff and Buchan) (Con)
Eagle, Maria (Garston and Halewood) (Lab)
Efford, Clive (Eltham) (Lab)
† Fletcher, Mark (Bolsover) (Con)
Jones, Darren (Bristol North West) (Lab)
Mak, Alan (Lord Commissioner of Her Majesty's Treasury)
† Mann, Scott (Lord Commissioner of Her Majesty's Treasury)
† Pennycook, Matthew (Greenwich and Woolwich) (Lab)
Pursglove, Tom (Corby) (Con)
Rutley, David (Lord Commissioner of Her Majesty's Treasury)
Smith, Nick (Blaenau Gwent) (Lab)
† Tami, Mark (Alyn and Deeside) (Lab)
Thomson, Richard (Gordon) (SNP)
† Tomlinson, Michael (Lord Commissioner of Her Majesty's Treasury)
† Trevelyan, Anne-Marie (Minister for Business, Energy and Clean Growth)
Zoe Backhouse, Bethan Harding, Committee Clerks
† attended the Committee
Second Delegated Legislation Committee
Monday 21 June 2021
[Philip Davies in the Chair]
Draft Carbon Budget Order 2021
18:00
None Portrait The Chair
- Hansard -

Before we begin, I remind Members to observe social distancing and that Mr Speaker has stated that masks should be worn in Committee when not speaking. Hansard colleagues would be most grateful if Members sent their speaking notes to hansardnotes@ parliament.uk.

Anne-Marie Trevelyan Portrait The Minister for Business, Energy and Clean Growth (Anne-Marie Trevelyan)
- Hansard - - - Excerpts

I beg to move,

That the Committee has considered the draft Carbon Budget Order 2021.

The draft order was laid before the House on 21 April 2021. It may be only one line long, but it is a world-leading line of legislation. It sets a sixth carbon budget of 965 million tonnes of carbon dioxide equivalent, which will reduce greenhouse gas emissions by 78% by the 2033-37 budgetary period, compared with 1990 levels. That level is recommended by our statutory expert advisory body, the Climate Change Committee, and endorsed by all four Governments of the UK nations. The UK was the first country to introduce a legally binding long-term emissions reduction target, through the Climate Change Act 2008. That was updated in 2019 to set our new target of net zero emissions by 2050. Carbon budgets are set on the way to 2050 to step down our emissions every five years. So far, five budgets have been set in law, setting our decarbonisation path through the last decade and the next.

The proposed sixth carbon budget is highly ambitious, seeking to achieve well over half the emissions reductions required from now to 2050 in the next 15 years. It builds on the momentum of our new nationally determined contribution under the Paris agreement to reduce emissions by 2030 by at least 68% compared with 1990 levels—the highest reduction target set by a major economy to date.

The sixth carbon budget will, for the first time, incorporate the UK’s share of international aviation and shipping emissions—an important part of the Government’s decarbonisation efforts that will allow for those emissions to be accounted for consistently. We aim to introduce the necessary legislation formally to include those emissions as soon as possible, and within the year.

The arguments for decisive action on global climate change are overwhelming, and the consequences of inaction are stark. Unchecked, it will lead to rising temperatures and rising sea levels, extreme weather, damage to ecosystems, and reduced crop productivity. Co-ordinated global action is critical if we are to mitigate the potentially catastrophic effects on the environment and economies across the world. The UK is leading the way in responding to the climate threat. This world-leading sixth carbon budget will reinforce that strong leadership, ensuring that the UK acts consistent with the Paris agreement temperature goal to limit global warming to well below 2°C and to pursue efforts towards 1.5°C. Importantly, it will allow us credibly to call on others to increase their own efforts, including at this year’s COP26 summit.

We know that we have a significant challenge ahead of us, with additional effort needed across every sector of the economy, but look at what we have already achieved: cutting emissions by more than 40% since 1990 while growing our economy by more than three quarters. Today, low-carbon electricity gives us more than half our generation, while we boast the world’s largest offshore wind capacity. Consider the benefits that net zero will bring: protecting the planet for future generations; economic growth and jobs in new green sectors; reducing air pollution; and enhancing biodiversity.

The net zero transition has huge potential to support jobs in low-carbon industries, building on the Prime Minister’s 10-point plan, which will mobilise £12 billion of Government investment and potentially three times as much from the private sector to create and support up to 250,000 more green jobs by 2030. We recognise that we can harness such benefits only if we back our targets with ambitious plans across all sectors of the economy. Over the coming months, we will bring forward further bold proposals, including a comprehensive net zero strategy showing how we intend to meet this ambitious new carbon budget and earlier targets. That will set out the Government’s vision for transitioning to a net zero economy, cutting emissions and creating new jobs and industries across the country, going further and faster towards building a stronger, more resilient future and protecting our planet for this generation and those to come.

I conclude by emphasising the utmost importance of the sixth carbon budget in our efforts to cut emissions and strengthen our climate leadership ahead of COP26. I hope very much that hon. Members will support this statutory instrument, and I commend the order to the Committee.

18:04
Matthew Pennycook Portrait Matthew Pennycook (Greenwich and Woolwich) (Lab)
- Hansard - - - Excerpts

It is a pleasure to serve with you in the Chair, Mr Davies.

It will not be lost on right hon. and hon. Members that the order is incredibly significant and that it will have far-reaching implications for our economy and all aspects of our society over the next 16 years. For that reason, although the Opposition fully support its passage and have no intention of dividing the Committee, I hope that Members from all parties will forgive me if I make a series of important points and put a number of questions to the Minister. After all, in all likelihood this is the only opportunity the House will have to debate these matters in any detail.

As the Minister made clear, as this is the first carbon budget to be set since the House legislated for a net zero target in 2019, the sixth carbon budget marks a critical point in our country’s contribution to delivering on the ambition of the Paris agreement and thus keeping alive the hope of limiting global heating to 1.5° C above pre-industrial levels.

Labour very much welcomes the Government’s decision to accept the Climate Change Committee’s advice that the budget level be set at 965 megatons of carbon dioxide equivalent for the 2033-37 period. I also put on the record the Opposition’s thanks to the CCC for the comprehensive nature of the advice it produced in December, as well as the road map that it set out alongside that advice for achieving a fully decarbonised economy by mid-century.

We also welcome the Government’s decision finally to include emissions from international aviation and international shipping in the legal scope of carbon budgets. I press the Minister to give the Committee a more precise timescale as to when the separate order necessary to give effect to that decision will be introduced.

That our country must achieve carbon neutrality by 2050 at the latest is not in dispute. Indeed, the Government’s own impact assessment for the sixth carbon budget states that

“there is no alternative to the legal requirement in the Climate Change Act to set a sixth carbon budget level with a view to reducing UK emissions to net zero by 2050”.

Yet it is hard to overstate the challenge posed by seeking to reduce emissions by 78% below 1990 levels over the next 16 years.

As the Minister is acutely aware, the sixth carbon budget target represents a significant scaling-up of ambition relative to the fourth and fifth budgets. For the first time, the whole of society will be required to engage more directly with emissions reduction, in terms of the products we buy and the way we live our lives. However, as the CCC made clear in its advice, if the emissions reductions set out in the order are delivered, that will not only result in the new industrial opportunities that the Minister mentioned, the potential to create hundreds of thousands of well-paying and secure jobs in every nation and region, cheaper bills, warmer homes and a host of other health and environmental benefits, but produce net gains for our economy that offset up-front investment over the long term—for example, in relation to reduced reliance on imported fossil fuels.

The problem is that, as a country, we will achieve net zero by mid-century and realise its promised benefits only if the carbon budget and its two predecessors are met. However, as things stand and as the Minister knows full well, the Government are still off-track not only on the net zero target with which the order aligns the carbon budget framework, but on the less ambitious target that preceded it.

We accept that when it comes to stated ambition, the announcements made over the past year have brought the Government within touching distance of what is required to meet the fourth and fifth carbon budgets, premised as they are on an overall emissions reduction target of 80% relative to 1990 levels. However, when it comes to the commitment in the 2030 nationally determined contribution that the Minister mentioned and in the sixth carbon budget, which we are legislating for this evening, there is still a significant gap between current ambition and what is required to get on track on both those things.

So, for all those commitments that are now aligned with the net zero target—from the pledge to bring forward 40 GW of offshore wind by 2030 to phasing out petrol and diesel cars and vans by the same date—there are scores of other areas, from low-carbon heat networks and heat pumps to peatlands, where ambitions have either not been set or have been set but fall far short of what is required.

In adopting the CCC’s recommended target for the sixth carbon budget, we fully appreciate that Ministers are under no corresponding obligation to follow its specific policy recommendations. However, if the Government choose not to do so, as they have done, the onus is on the Government to make alternative proposals to demonstrate how the budget will be achieved across the economy; how, if ambition falls short in some areas, it will be made up elsewhere; and how, when it comes to up-front costs and distributional impacts, the transition will be made equitably.

Therefore, a huge amount rests on the comprehensive net zero strategy that the Minister mentioned and that we have been promised will be published prior to COP26 in November. That strategy needs to set a coherent vision, filling in the gaps and clarifying the ambiguities that remain. However, if we are to have an effective policy framework to ensure that this carbon budget is met, we also need the full range of detailed blueprints that have been promised by the Government, but not yet delivered.

Where is the heat and buildings strategy, which was promised for spring 2020 and has been repeatedly delayed? Where is the net zero aviation strategy, which was promised for early 2020 and of which there is no sign? Where is the hydrogen strategy that the December 2020 10-point package stated would be published in early 2021? Where is the transport decarbonisation plan, which was announced in 2020 and then delayed until spring 2021? It is still nowhere to be seen.

Crucially, where is the final Treasury net zero review? In an answer to a written question that I tabled on 18 May, the Exchequer Secretary stated that it would be published “this spring”. By my calculation, spring ends today, and there is still no sign of it. As the Minister knows, we need that review, not least because calling any net zero strategy that had not fully incorporated the conclusions of such a review “comprehensive” would be a misnomer.

There is a pattern here. The promises on a given strategy are announced to great fanfare. Some are delivered after significant delay, whereas others fail to materialise, and even those that are published too often fall short of what is required. That pattern points to another problem. Here I sympathise with the Minister—she sits in the lead Department, whose influence clearly does not extend across Government—because several Departments, most notably the Ministry for Housing, Communities and Local Government and the Department for Environment, Food and Rural Affairs, are simply not pulling their weight on emissions reductions. Even those that are doing reasonably well in relative terms are plagued by poor performance in key areas.

The Minister knows that net zero requires a whole-of-Government approach. As it has real implications for giving effect to the order we are about to pass, I would be grateful if she gave the Committee some sense of why certain Departments seemingly get away with lagging so far behind others. Why do the Cabinet Committees on climate action strategy and climate action implementation not appear to be doing what is required in leadership and co-ordination to drive progress across the board?

Finally, even if the Government close what remains of the ambition gap and introduce detailed strategies in each of the remaining areas, meeting the carbon budget and achieving net zero will still require a step change in delivery. As things stand, only a fraction of the emissions savings required to meet the sixth carbon budget are on track to be implemented in full. Given that the Government are not doing what is necessary to ensure that the change takes place at the pace required, any further fiscal opportunities to lock in a genuine green economic recovery from the coronavirus crisis cannot be squandered. From road building to planning, there needs to be a renewed focus on ensuring that all Government policy is compatible with the net zero target, but greater priority must also be accorded to ensuring that well-designed schemes, particularly those that relate to the decarbonisation of challenging sectors such as buildings, are up and running by the end of this Parliament.

The recent green homes grant fiasco is a case in point. It is not good enough simply to scrap the scheme for homeowners and take forward the local authority delivery element. Given the scale of the challenge presented by energy efficiency in the residential sector, Ministers need to introduce a replacement scheme as a matter of urgency—one that draws on the lessons of what has gone before. I ask the Minister to provide some assurance not only that work is being undertaken to that end, but that there is an impetus within the Government more generally to ensure that the gap between delivery and stated ambition is closed at the pace required to comply with the order and get us on track for net zero.

We of course welcome the order, but we remind the Government that announcing targets is the easy bit. The difficulty lies in achieving them. To date, the Government have been long on aspiration but short on tangible progress. We are about to pass the order, so the focus will turn decisively to implementation and delivery, and we look forward to rigorously holding the Government to account in that respect.

18:13
Anne-Marie Trevelyan Portrait Anne-Marie Trevelyan
- Hansard - - - Excerpts

I thank the hon. Gentleman for his thoughtful words and for the depth of his commitment to the subject. We all appreciate that this is, in every sense, whole-of-Parliament legislation. None of us underestimates the challenges of decarbonising the economy, but this legislation will ensure that we give ourselves a marker to move towards.

I will answer a number of the hon. Gentleman’s questions. The shipping and aviation timeline will be within a year. It will be as soon as we can find some parliamentary time and pull together the relevant details, but it is very much at the front end of the queue, because it is important that industry in both sectors can get on and do the work that we want it to do.

Can we be more ambitious? Well, we are incredibly busy. I have published the industrial decarbonisation strategy already, and I will be imminently publishing the hydrogen strategy. The heat and building strategy, which is clearly within the remit of the Department for Business, Energy and Industrial Strategy, is doing the final stages of its tour around Whitehall before it can be published.

I cannot directly speak to the challenges that the hon. Gentleman raises about the Department for Transport’s strategies, but I would like to give him confidence that there really is whole-of-Government thinking on net zero in a way that has never really been visible before. The Climate Action Implementation Committee, on which I sit, meets regularly and is really driving incredibly hard and fast. It is drawing together, at both official level and ministerial level, that criticality of thinking through both the key policies and the most effective policies that can have the biggest impact as quickly as possible.

I cannot give the hon. Gentleman a precise time on the Treasury’s net zero review, but I know that it, too, is coming close to completion. Its focus will be on the exposure of household sectors and regions to these changes. The Treasury is providing important oversight by understanding the risks and making sure we make the journey safely and inclusively. This must be a just transition. If it is not, we will be leaving parts of our communities behind, which is not something any of us wants to do; quite the opposite. This affords us the opportunity to think in a forward-leaning, world-leading way to set technologies in place and drive forward private and public sector investment. That gives us the opportunity to give the world leadership and technology to help it decarbonise.

I hope I have provided the necessary assurances to allow the statutory instrument to be approved. It will keep the UK on a credible path to meet our 2050 net zero target and try to keep the temperature rise to 1.5°. It will build on the current momentum, and we will continue to drive new policies that enable us to capitalise on the opportunities that net zero brings and credibly urge other countries to do the same for the benefit of our planet.

I hope I have answered all the questions, and I commend the order to the Committee.

Question put and agreed to.

18:17
Committee rose.