Baroness Ritchie of Downpatrick
To ask His Majesty’s Government whether the consultation announced in their PFAS Plan: building a safer future together, published on 3 February, will include an option for per- and poly-fluoroalkyl substances to be banned in all consumer products manufactured or sold in the UK.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)
My Lords, the PFAS plan was published on 3 February this year. It sets out for the first time the Government’s approach to minimising the harmful effects of PFAS while moving to safer alternatives. The plan includes consideration of measures to manage risks from PFAS in consumer articles. While there are no current plans to consult on banning PFAS in consumer products, any such future regulatory ban would involve consulting on a proposal.
Baroness Ritchie of Downpatrick (Lab)
My Lords, I thank my noble friend the Minister for her response. PFAS are considered to be harmful to the environment, and by the time we collect enough evidence that a substance is harmful, it is too late—it is prevalent in the environment and costly to clean up, if that is even possible. Considering this, a precautionary approach would be to not allow these substances to be sold or used in the UK unless they can definitively be proven not to be harmful. Therefore, I urge my noble friend to follow the precautionary principle and signal the Government’s intention to take rapid steps to end the use of PFAS in the UK. If we do not, there is a real risk that we will become a dumping ground for products not suitable for the EU market.
Baroness Hayman of Ullock (Lab)
My noble friend raises a really important issue. When deciding what action they will take to address any PFAS risks, the Government will have due regard to the environmental principles policy statement from the Environment Act 2021, which includes the precautionary principle. We know that many PFAS have useful properties and are widely used and that some critical uses of PFAS which benefit society do not currently have suitable and sustainable alternatives available. While we see their use continuing in the near future, we absolutely have to manage any risks effectively. The PFAS plan contains action to support this transition to alternatives.
Baroness McIntosh of Pickering (Con)
My Lords, will the Minister look carefully to the forthcoming water Bill and the conclusions and recommendations of the Cunliffe report as to how we can remove these very dangerous products from our water courses, our rivers and the sea?
Baroness Hayman of Ullock (Lab)
The water White Paper and the Bill that will follow it are a central part of the Government’s programme and a priority for Defra. We are looking at the Cunliffe report extremely carefully; it is an important piece of work.
Baroness Grender (LD)
My Lords, can the Minister explain why, when PFAS contamination of marine life and wildlife is already so widespread and understood, the Government are choosing what looks like a pathway of delay and of more research, more information and consumer choice, and considering only limited change to products such as waterproof clothing and period products rather than pursuing a more aggressive approach attempting to ban PFAS now?
Baroness Hayman of Ullock (Lab)
Clearly, we want to move forward as quickly as we can. The noble Baroness and others will be aware that we are working with the EU at the moment. There are negotiations. We know that the EU is looking at its own approach and, clearly, we need to take that into consideration and to work alongside it. It is important to remind noble Lords that PFAS is a large and complex group of over 15,000 chemicals. There are significant differences in chemical structure and toxicity, so it is important that we work alongside the EU to tackle this effectively and efficiently for the long term.
Baroness Boycott (CB)
My Lords, on the whole, on all these bans, we are way behind the EU. I have raised in this House the issue of school uniforms and polyesters being next to the skin, the largest organ in the body. I now ask the Minister to turn her attention to babies’ mattresses. Babies spend 12 to 16 hours a day on a mattress. The PVC covers leach phthalates into the atmosphere and there are fire retardants in the foam, as in most mattresses. These produce effects in babies which include cancers in later life, and there is now a definite understanding that they are hormone disruptors which are leading to lower sperm counts in males all over the world. It is important that we take a precautionary principle here and at least follow the EU all the way.
Baroness Hayman of Ullock (Lab)
As I said, we will be taking a precautionary principle approach. The noble Baroness talked about school uniforms; it is important that we make sure that children are protected as much as possible. We recognise the concerns in this area. Her point about mattresses is also important. The textiles industry is already moving away from PFAS voluntarily, but we clearly need to do more. I assure noble Lords that the PFAS plan is the starting point and the platform for moving forward in this area. This is not the limit of our ambition.
Lord Roborough (Con)
My Lords, we are concerned that the plan promises high-level actions without clear timelines for phase-outs or mechanisms for delivery. In addition, companies need sufficient time to explore safe alternatives and for the supply chain to adapt accordingly. What are the Government doing to support the private sector in innovating viable alternatives to PFAS?
Baroness Hayman of Ullock (Lab)
The simple answer is that we are carrying out a lot of stakeholder engagement. We are working very closely with industry and business. As I said, the textiles industry is moving that way voluntarily. We need to work with other sections of industry in the private sector to encourage them to do so, because the more we can do now voluntarily, the better, while we bring in our more detailed plans.
Baroness Bennett of Manor Castle (GP)
My Lords, the Minister may have seen in the Financial Times this week a large article about the concerns about PFAS in sportswear. If you are wearing sportswear, sweating and moving very fast, there is a large area of concern in terms of off-gassing and absorption through the skin. Given there is so much public concern with sportswear—particularly for children, as the noble Baroness, Lady Boycott, said—surely the Government need to address this far more rapidly than they are doing now.
Baroness Hayman of Ullock (Lab)
As I said, this is very much the starting point. We are in negotiations with the EU. The EU is looking at what it wants to do in this space. We wanted to lay out a plan that demonstrated that government was serious about doing something in this area, because it is important. It is also important that we work with industry and educate consumers along the way. It is important, too, that we continue to work constructively with the EU, because we want eventually—as I said, this is the starting point—to get to a place where PFAS chemicals are dealt with effectively.
Lord Evans of Rainow (Con)
My Lords, rural community pubs are very much a force for good, not just for the local rural communities they serve but also for the wider communities in towns and cities. Does the Minister agree with that statement, and does her department agree that diversity within the rural economy is most welcome for those in towns and cities?
Baroness Hayman of Ullock (Lab)
Absolutely. Diversity in the rural economy is important. I just wondered whether there is a particular explosion of PFAS in pubs.
Lord Bird (CB)
I just wanted to bring a bit of thinking here. Why is your Government now looking like every other Government, in that when you get the opportunity to be brave and act quickly, you are incredibly tardy. That lot was doing it before you, and presumably some lot will be doing it next after you. Let us be brave and let us grab something that will help our children to not get cancer in 10, 20 or 30 years’ time. Let us do it now.
Baroness Hayman of Ullock (Lab)
I can assure the noble Lord that I am always happy to be brave when I can and I will encourage the department to push forward as best it can in this area. It is important and I recognise the huge concern both in this House and among the public.
Earl Russell (LD)
My Lords, the Minister said that this is a starting point and we broadly welcome that, and I note that she said that this is an extremely complicated group of chemicals used in many industrial processes. The Minister also spoke of Europe and the action being taken there. Fundamentally, the approach being taken in Europe is different to that being taken in the UK. Can I ask the Minister for further clarity about how we can have further co-operation with our European partners on these important issues?
Baroness Hayman of Ullock (Lab)
As the noble Lord says, the EU is developing a broad ban on PFAS. We know that industry is concerned about any plans being workable, which is why this is the starting point in working with industry to get it right. We need to see what the EU’s proposals are; we do not know yet. We are expecting it to announce an update next week, which will be followed by a consultation. I am sure that we will debate that much more in Parliament. But our plan is the starting point; we want to work with the EU. We are waiting to see what it comes up with. Then, I hope, we can be braver.