(1 year, 12 months ago)
Grand CommitteeMy Lords, the Minister has clearly set out why we are debating this statutory instrument. In 2020, under the auspices of Defra, a very large number of SIs were brought forward and debated—mostly in Grand Committee. Since then, many of them have been amended, mostly for very minor errors. Given the number of SIs, it is not surprising that errors occurred. However, those relating to persistent organic pollutants, or POPs as they are referred to, are more serious, as they could have meant that the UK was not compliant with the Stockholm convention, which aims to prohibit, eliminate or restrict the production and use of POPs.
The original SI was repealed, and Regulation (EU) 2019/1021 replaced it on 15 July 2019. This SI contained errors. We are at the end of 2022 and are only now correcting these errors, mainly due to the current powers expiring at the end of this month. So it is very much the 11th hour, if not quite the 59th minute.
This is about not policy change but ensuring that current policy legally complies with existing regulations. Given the toxic nature of some POPs, it is surprising that these errors were not picked up earlier. I am content that this SI should pass but I have a general question for the Minister.
In the run-up to Brexit and immediately after, there were a large number of Defra-based SIs, as I referred to earlier. The Retained EU Law (Revocation and Reform) Bill has begun its passage in the other place and has been red-rated by the Regulatory Policy Committee. I will not comment on that here but there are rumours that, when passed, this revocation and reform Bill will begin the process for implementing some 2,400 statutory instruments. My heart sank when I heard that as a large number of those SIs are likely to fall within the remit of Defra. My question to the Minister, therefore, is this: is he confident that there will be sufficient staff in Defra to deal with the mountain of SIs coming their way, and that sufficient detail will be covered to ensure that there are no future errors in vital statutory instruments?
My Lords, we do not have any problem with this statutory instrument as it stands, but our concerns are similar to those of the noble Baroness, Lady Bakewell.
First, I congratulate the Minister on his introduction. He did say that these are necessary technical amendments; some of them sounded extremely technical so I congratulate him on introducing those technical aspects to us today.
Our big concern is exactly as the noble Baroness, Lady Bakewell, said: there were many, many SIs during the Brexit process and we repeatedly raised issues around drafting accuracy. As the Minister knows, a number of those instruments had to come back to us. So it is concerning that, some time on from the first time around, we now have this issue. This was not picked up quickly. Can the Minister explain why it has taken so long to bring it to light? What has happened to draw it to the department’s attention? Was there an audit? Was there a practical issue that shed light on it? As the noble Baroness asked, how do we ensure that this does not happen again in future, because we know that we will be seeing a lot more SIs again? That is our biggest concern: not what is in the SI itself but the process and what has been happening.
(1 year, 12 months ago)
Grand CommitteeMy Lords, I thank the Minister for introducing this statutory instrument. The quality of the air we breathe is essential for the population to remain healthy and fit. We have seen in press reports the effects that poor air quality can have on individuals, from minor ailments to life-threatening conditions, especially for young children.
Part IV of the Environment Act 1995 established the local air quality management framework. This requires local authorities to set an air quality management area whereby they assess air quality in their area and act if pollution levels reach a dangerous level. This is easier said than done. Local authorities find it difficult to achieve air quality management plans as there is often a lack of co-operation on the part of the polluter. This may be a road haulage business or a busy NHS hospital.
This instrument should ensure that National Highways plays a full part in implementing and supporting air quality management plans. The consultation that Defra conducted was extensive and well publicised. Not surprisingly, there was strong support for National Highways becoming the designated body to assist with improving air quality. It does, after all, construct the main highways running through or close to our communities.
Given local authority responsibility and National Highways involvement, one would imagine that close proximity to main road thoroughfares and highways would play an important part in the planning decisions for schools, nurseries and housing designated for young families. However, I fear that this is not always the case.
Although I accept that this instrument does not cover London, which comes under the remit of the Mayor of London, I was nevertheless horrified when the secondary school in London that I walk past on my way to the Tube station was remodelled, allowing it to take in a large number of extra pupils. No thought appeared to be given to the fact that the main entrance was yards away from a busy junction with traffic lights, with the exact time when the children were attending in the morning coinciding with the main commuter rush hour. The quality of the air these children were breathing must have been very poor. It was at least five years before the entrance for pupils was moved away from the main road to a subsidiary entrance round the corner and away from traffic, at the back of the school playground.
There will be many other such examples up and down the country where children and young people are exposed to unacceptable air pollution, which damages their health. Local authorities and National Highways both have a role to play here. Can the Minister give reassurances that this statutory instrument will improve outcomes for those currently breathing poor-quality air? Given that co-operation is defined as being “appropriate”, can he also say what happens when the co-operation is not appropriate? Apart from those two questions, we support this SI.
I thank the Minister for introducing this statutory instrument. Like the noble Baroness, Lady Bakewell, we support it. She explained why there are so many concerns about air quality standards right across the country and went into the details of some of the challenges that have been facing local authorities around how to tackle this in their area.
We know that air pollution is still a huge problem and a great worry to many people. As the Minister will recall, we recently debated the clean air Bill; that debate demonstrated the huge amount of support for the Government to get on and tackle this seriously.
We very much welcome the designation of National Highways following the Government’s consultation. The Minister mentioned further designations. When are we likely to see any further designations? What will the process and timescale of that be? What came out in the consultation around potential further designations? How will this work with the development of local plans with local government around clean air strategies? In particular, what are the duties going to be to tackle health inequalities?
Finally, the Minister will not be surprised to hear me ask whether there is any update on when we are likely to see the air quality targets, whether they will all be laid together or whether some will be laid first. Will there be prioritisation? What are the targets likely to be? With that, we support the regulations. It is a very important decision to bring National Highways into this.
(2 years ago)
Lords ChamberI do agree. On Monday we will debate the Second Reading of the precision breeding Bill. It will take a number of years for the measures in that Bill to become effective, but it will undoubtedly have an impact on this kind of disease, to which we will be able to improve resistance in plant and animal species.
My Lords, some strains of avian flu are transmissible to humans. Some are very mild but others are more aggressive. Of 868 cases of human infection recorded between 2003 and October 2022, more than half—456—resulted in death. The traditional flu season is approaching. Those with flu-like symptoms tend to self-isolate and not visit the GP. How will the Government accurately assess the level of avian flu among humans in the UK and record the number of resulting deaths?
The medical advice we have received is that although this is a zoonosis and can therefore be transferred from birds to humans, the risk is low. There was one case in the UK last year, in an elderly gentleman who recovered. We give clear guidance on how to work with birds, whether in a domestic fowl setting or in picking up carcasses of birds that have died of avian influenza. There is very clear guidance on this and members of the public should be wary of getting into close association with sick birds.
(2 years ago)
Lords ChamberMy noble friend makes a good point. The recent outflow at St Agnes in Cornwall, which rightly had a lot of publicity, lasted for 10 minutes, and there may have been some sewage in it. After 12 hours of rain, the vast majority was probably soil run-off from farms and run-off from roads. We are bringing in measures to continue to improve farming policy and soil management, and we are putting a lot of resources into this. But she is absolutely right that highways authorities and others have responsibilities to make sure that we look at this holistically, not just in one particular sector.
My Lords, despite heavy fines, water companies carry on discharging sewage into our waterways. Communities affected by this practice are at their wits’ end. There is a danger to aquatic wildlife and children playing close to infected water. Fines do not appear to be a sufficient deterrent. I have heard the Minister’s reassurances, but surely the timeframe is far too long to solve this noxious problem.
(2 years ago)
Lords ChamberMy Lords, the UK is experiencing its most severe outbreak of avian influenza. Its persistence over the last year, coupled with soaring energy and feed costs, has put the British poultry sector under huge emotional and financial pressure. We welcome the Government’s announcement that a full bird housing order will come into effect from next Monday, but that decision should have been made weeks ago. There has been a serious situation for months and the impact on producers is devastating, with over 3 million birds already culled, so why was this decision not taken earlier?
We recognise that the Government are offering farmers support, but concerns have been raised about whether the compensation scheme is fit for purpose. The Animal and Plant Health Agency’s position is that compensation is paid for live birds not showing signs of disease at the time of culling. But delays to culling, through no fault of farmers, mean that there can be very few birds left alive by the time culling begins, with farmers then not receiving the compensation to which they should be entitled. Will the Government reconsider how compensation is being assessed so that it treats farmers fairly and provides vital financial protection?
I am sure the Minister recognises the significant impact on free-range poultry farmers. The loss of free-range status and subsequent change in labelling requirements causes significant cost and disruption to egg producers and the supply chain, while the prospect of repeatedly losing free-range status threatens the long-term resilience of the industry. The NFU has asked the Government whether they will review the legislation which provides a 16-week protection period for the marketing of free-range eggs when the government housing measures are imposed. The protection period has to be fit for purpose, so the NFU is asking that it should instead last for the duration of these housing measures. Will the Government consider this?
We also understand that the outbreak has spread much faster this year and that we are six weeks ahead of where we were at this time last year. Turkey and geese farmers have warned that if the situation is not resolved, we could face severe shortages over Christmas. Is the Minister able to reassure your Lordships’ House on this matter?
Importantly, we must also consider the long-term approach and strategy to dealing with avian flu, because once this outbreak is over and we have moved on, it will inevitably return. On this note, I should like to ask the Minister about vaccines. Mark Spencer, the Minister in the other place, said in response to a question on Tuesday:
“The advice I have been given is that the current vaccines are not as effective against the current strain of European bird flu as we would have hoped”
and that
“because of trade deals, there is a challenge with vaccinated birds entering the food chain”.—[Official Report, Commons, 1/11/22; col. 806.]
If the current vaccines are not effective enough, what government research is taking place or being planned to take place into vaccination? Currently, avian influenza vaccination is not permitted in the UK for commercial poultry, so we need to understand any trade implications of a prospective vaccination programme if we can find a suitable way forward.
As part of the strategy to tackle this disease, will the Government urgently increase investment into research and development to build knowledge and understanding about the potential use of vaccination and, importantly, prioritise international collaboration, as, clearly, this is not just a UK problem? We recognise the seriousness of this situation. I hope the Minister can provide a clear response on the way forward. I reassure him and the Government that any short and long-term measures needed to tackle this terrible disease will have our support.
My Lords, avian influenza is having a devastating effect on the poultry industry and wild bird populations. The epidemic first manifested itself in autumn 2021 when migratory birds started to arrive on our shores. Since then, it has spread and there are now some 91 infected premises in the UK. The vast majority are in East Anglia, the first stopping point for migratory birds, especially waterfowl. I am sure the Minister is as concerned as I am, not only about the effect on seasonal poultry producers but also on biodiversity in the wild bird population.
In the run-up to Christmas, those poultry breeders, especially free-range turkey farmers, will be particularly affected and worried about how they will manage. This is a key season for them, and they cannot easily recover the loss of income from this epidemic at another time of the year. Poultry farmers are grateful for the Government’s change on compensation claiming, with it coming at the start of culling rather than the end. However, changes to the rate of payments starting from 1 October will not help those affected during August and September. Can the Minister say whether the Government are considering any help for these producers?
I, like others, welcome the measures for mandatory housing for poultry and captive birds starting next Monday. This should help to reduce the spread of disease but will nevertheless be a blow for free-range producers. The measures apply whether it is for one hen being kept in a garden or a large poultry business. The measures for mandatory housing are stringent and will incur extra costs for producers. Is there a grant scheme for producers to help with the cost of providing mandatory housing?
As with all animal epidemics, stringent biosecurity measures are essential whether for a small breeder or very large-scale poultry producer. As with the devastating foot and mouth epidemic in 2001, farm-gate foot baths, bedding and animal feed need scrupulous attention to ensure that they are not the cause of spreading infection. Only Defra avian influenza-approved disinfectants should be used.
Noble Lords will know that, if a breeder suspects that they have avian influenza in their flock, it is an offence not to report it to the Defra rural services helpline. Can the Minister say what the penalty for the non-reporting of a suspected outbreak is likely to be? Does the Defra helpline have sufficient staff to answer all the calls they will be receiving?
I turn now to the Government’s proposal to allow poultry farmers to slaughter their birds now before they become infected and freeze them. In particular I am thinking about turkeys in the run-up to Christmas. The proposal is that these birds, after slaughter and freezing, would be thawed and sold as free range rather than frozen birds. These thawed birds would be sold to consumers between 28 November and 31 December.
Since Brexit, there has been concern about sufficient numbers of vets and slaughtermen, who had previously come to the UK in the run-up to the Christmas season to help with the killing and preparation of turkeys. Can the Minister give reassurance that there will be sufficient staff at abattoirs to deal with this early slaughter of birds? I sympathise with the poultry industry and support measures to help it cope through this very difficult period. Equally, it is important to have a ready supply of qualified and competent staff to deal with the early influx of birds at abattoirs.
I am also extremely concerned that frozen birds are to be thawed and sold as free range—which, of course, they were before they were frozen. That is not the issue. The issue is that for years the advice has been that frozen poultry meat, once thawed, should not be refrozen unless it has first been cooked. Given the timeframe during which the thawed birds are to be sold, it is a fair assumption that consumers, seeing the birds for sale and knowing there may be a shortage, will buy what they need for Christmas early and take it home to put into their freezers, ready to take out a couple of day before they are due to be cooked.
In what way will these pre-frozen and thawed birds be labelled? Will the labelling make it clear that, although free-range, the birds have been frozen and thawed and should not be refrozen before being cooked and eaten? A “fresh” bird that has been purchased at the end of November or beginning of December is unlikely to keep in a domestic refrigerator until Christmas Day and still be fit for human consumption. Although the Government’s solution appears to help solve the poultry farmers’ problems, I am concerned about the health aspects of this for the population as a whole and am looking for the noble Lord’s reassurance.
I turn briefly to how the epidemic is affecting wild birds. My colleague, my noble friend Lord Teverson, reports that the shores of Cornwall are littered with the carcasses of dead gannets, and no one is picking them up. This will not be a problem isolated to Cornwall: wherever wild and sea birds congregate in large numbers, there are likely to be large outbreaks of HPAI, resulting in the deaths of birds. What should happen to these carcasses?
Lastly, there are currently no restrictions on organised game-shooting activities. Can the Minister comment on this, please? Is he satisfied that sufficient biosecurity measures are being used on game shoots? I look forward to his comments on the effects of this epidemic.
(2 years ago)
Lords ChamberWe have put more money into the Environment Agency and it has been recruiting more enforcement officers to do precisely that. We are also working with citizen science. I pay tribute to the Rivers Trust and others that are providing people to assist the Environment Agency in assessing the quality of river water.
My Lords, as someone who lives in an area which is likely to see a reduction in water bills due to penalties from Ofwat, I would prefer our rivers, waterways and seas to be sewage-free rather than to receive a small monetary handout. It appears that the threat of financial penalties is insufficient to encourage water companies to change their damaging environmental practices. Are the Government ready to propose more stringent means to ensure that water companies invest in infra- structure rather than directors’ bonuses?
We are seeing precisely that. There has been a £56 billion investment in infrastructure, the biggest investment in real terms that the industry has ever seen. Further to the question asked by the noble Duke, I can say that since 2015 the Environment Agency has brought 54 prosecutions against water companies, securing fines of almost £140 million. In 2022 the EA has already concluded six prosecutions, with fines of more than £2.4 million, so we are seeing not only more investment but more enforcement, and the Government will insist on an improvement in the releases of sewage into rivers.
(2 years ago)
Lords ChamberOne reason why we will be publishing these targets later than we would have liked, and later than the Act required, is that we had over 180,000 responses to our consultation. It is important that we listen to those, because these targets affect people whose interests are not directly affected by Defra; they could be right across the whole gamut of what government does and how it regulates. It is important that we get this right.
I would hate for any noble Lord to believe that this is the one area of the Environment Act that really matters. It covers a whole range of other issues: storm overflows, our environmental principles, biodiversity net gain, waste, illegal deforestation, the establishment of the Office for Environmental Protection, and local nature recovery strategies. Work on all those are under way, and they were written into the Environment Act, which is what makes it such a world-beating piece of legislation that we want to see implemented.
My Lords, the Minister will be getting used to answering questions on the targets, which should, legally, have flowed from the Environment Act by now. Yet here we are, on 31 October, and no targets are forthcoming. With COP 27 approaching, is there any point at all in the Government sending any representatives when they have so woefully fallen short in setting targets, never mind meeting any?
That would be an absolutely extraordinary thing to do. The United Kingdom is a global leader on the environment. We are one of the leaders of the High Ambition Coalition, which is seeking to get countries right across the world to fulfil really demanding targets to protect nature, which has suffered depletion of such staggering quantity in recent decades. It is absolutely right that we continue to do this. I can tell the noble Baroness that the United Kingdom is revered abroad for the leadership we took at Glasgow and the leadership we are taking in the CBD. To diminish what we are trying to do internationally is quite extraordinary.
(2 years ago)
Lords ChamberWe are firmly supportive of the Institute for Agriculture and Horticulture that the noble Lord has been so instrumental in setting up and running. We want to make sure that we are improving the skills available and that those skills reflect how young people want to go into an industry now. They want portable qualifications that they can take into different areas of farming, agricultural production or the food industry. Improving skills is an absolute priority. We will not get the improvements in areas such as horticulture unless we improve the skills base. That is why we are determined to see organisations such as TIAH succeed.
My Lords, the poorest 20% of the population spend a higher proportion of their income on food. This makes them vulnerable to the effects of changing food prices. They are the very people who need to eat a good-quality, balanced diet to maintain their health. Will the Minister undertake to lobby his colleagues in other departments to ensure that they are aware of the health effects of insufficient food and nutrition and to ensure that both benefits and free school meals are extended to cover the gap in rising food prices?
The noble Baroness is absolutely right that food inflation adversely affects those on the lowest incomes and she is right to raise the issue of healthy food for children. We have increased the value of our Healthy Start vouchers to £4.25 a week and spent around £600 million a year ensuring an additional 1.25 million infants enjoy a free, healthy and nutritious meal at lunchtime following the introduction of the universal infant free school meal policy of 2014. I am very happy to keep her and other noble Lords abreast of other conversations we have in the context of food and the work happening across government to help families deal with the cost of living crisis.
(2 years, 1 month ago)
Lords ChamberWe want a good future for the pig industry, which has struggled for many years. As a Government we have stepped in where we can: we introduced more visas for butchers, private storage aid and the slaughter incentive payment scheme. Over 760 tonnes of pigmeat was put into the Government’s freezer storage plan, and this has ended, to the greatest extent, the backlog of pigmeat that was on farms.
My Lords, nitrates are found in many foods and can be harmless, but when used to cure bacon, which is then cooked and ingested, they can result in cancers. Nitrate-free bacon represents only about 10% of current sales. We do not need chemicals to produce delicious bacon. Why are the Government not encouraging other nitrate-free methods of production? Why would the public choose something that will harm them over a non-toxic alternative?
The public are informed about what is in their food by the labelling. Any nitrates or nitrites that are in food do appear on the label, so the public can make an informed choice. But I repeat what I said to the noble Baroness, Lady Ritchie, about the importance of getting a balanced view: there is not a clear scientific link between colorectal cancers and these additives. Of course, we must be mindful that these additives protect consumers from conditions such as clostridium botulinum, which, I repeat, can be fatal.
(2 years, 1 month ago)
Grand CommitteeMy Lords, I congratulate the noble Baroness, Lady Fookes, on securing this important debate on the plight of the agriculture sector and its role in the environment, and on her excellent introduction. I am grateful for the many briefings that I have received from various sources. It is important to become self-sufficient in food production in the country and to eat what we produce, rather than exporting it and then importing replacements to meet the home market. The noble Lord, Lord Curry, and the noble Baroness, Lady Bennett, raised that issue. To do this, we need a domestic skilled workforce.
Following the Covid pandemic and lockdown, many sectors of our society are finding it difficult to recruit to roles that were previously easily filled, including in the horticulture sector. Some of this is due to the reduction in workers coming from EU countries; many returned home after the vote on Brexit and have left gaps in our workforce. Efforts to recruit a domestic workforce have not been successful. Vacancies are not just for those working directly on the land but for those at medium and senior managerial levels. For the industry to remain competitive and productive, it will be necessary to provide skills and training to provide a career path for those currently working in the sector and to encourage others to join the sector.
Providing access not only to levels 2 and 3 but to level 4 and 5 qualifications is essential. The RHS qualification facilitates 12,000 assessments per year through 75 approved centres. This is vital, since apprenticeships and T-levels would not be appropriate for all, but there are others for whom these qualifications would be appropriate. Investment in skills and training is a step in the right direction.
Fostering the correct environment for our UK workforce to prosper is as important as encouraging the overseas workforce to return. However, Defra seems to believe that automation, robotics and technology will solve all our problems—the noble Baroness, Lady Fookes, referred to this—and science is important, as the noble Lord, Lord Curry, indicated. Although it is undoubtedly true that machinery, science and technology could greatly increase productivity, many functions can be carried out only by workers in the fields.
During the recent leadership campaign, the Prime Minister stated that she recognises that some jobs simply cannot be replaced by machinery, which is why she is a supporter of reintroducing the seasonal agricultural workers scheme. What progress is being made on this front? Attracting seasonal agricultural workers is important, but it is also necessary to have the correct workers available all year round. There are many instances of middle and even senior management of horticulture businesses starting initially as seasonal workers.
The removal of the SAWS in 2013, followed by the ending of freedom of movement in 2020, has seen a huge reduction in skilled workers in the horticulture sector. An integrated immigration policy is needed. This is affecting not only the large business that the Secretary of State plans to visit but the smaller, but nevertheless vital, businesses providing specialist food, plants and shrubs. The noble Lord, Lord Taylor, referred to the importance of smaller businesses.
I turn now to the effects of the shortage of workers on what can be classed as the public realm, including parks, open spaces maintained by local government, woods and copses maintained by the Forestry Commission, estates and gardens—some maintained privately but many in the ownership of the National Trust, English Heritage and other organisations. All require skilled workers who know the difference between a weed and an attractive flowering plant, have the ability to prune correctly and know when to do so. As this sector is not involved in food production as its primary purpose, it could be overlooked by government officials, but its importance is not overlooked by the public. Everyone knows the enormous benefit that can be gained by a family visiting a nearby park or wood for a walk and a game of hide and seek. A wander around a well laid-out garden covered with beautiful flower borders where the pollinating bees are busy on the fragrant blooms is peaceful to the troubled soul. At a time when a large proportion of the population suffers from stress, anxiety and more serious mental health issues, the role of formal gardens should not be overlooked.
For those lucky enough to have one, the domestic garden can also provide relaxation and enjoyment. It also helps create and restore wildlife-rich habitats in rural and urban areas. The rise in the popularity of television garden programmes is witness to the public’s appetite for improving their gardens. The planning and planting of a border can provide relaxation and enjoyment, with many visits to garden centres to choose plants and grow seeds, all contributing to biodiversity. However, my visits to local garden centres indicate that they too are unable to recruit the necessary staff to prick out seedlings and water and tend their plants.
This brings me on to the need for the country as a whole of produce more of its own potted plants rather than import them. During the SI phase of Brexit, many of which originated from Defra, some dealt with invasive non-native species, or INNS. The then Minister, the noble Lord, Lord Gardiner, was eloquent on the need for plant passports for imported plants and the protection they would bring for the horticulture and garden centre business sectors. However, a plant passport does not appear to extend to the soil in which the plant is grown. This soil can be contaminated and harbour many INNS, such as New Zealand flatworms and Spanish slugs, both of which damage garden plants and crops. The imported plant market is worth some £1 billion each year, but the growing material is not regulated. Will the Minister say whether there are any plans to begin regulating the soil in which plants with passports are grown? I am not an experienced gardener by any means and I have no idea when doing a spot of weeding whether I am digging up an earthworm or a flatworm. I wonder whether the robin hopping around looking for a meal knows the difference; perhaps he is cannier than I am.
The Government are currently engaged in fostering trade deals with countries with which we have not previously traded. Do invasive non-native species form any part of these negotiations? Does the Minister agree that the phytosanitary requirements of the UK are currently not fit for purpose and allow any number of invasive species into our soil to destroy our crops and insect life?
The noble Lord, Lord Carrington, raised the issues of a ready supply of water and gene-editing and I regret that I do not have enough time to deal with them at the moment.
Lastly, I come to the knotty issue of peat. Defra’s consultation showed that 95.5% of people support a peat sales ban. Peat, as we all know, stores 30% of all soil carbon globally. UK peatlands store more than 3 billion tonnes of carbon. Coming from Somerset, I know how important the peat moors on the levels are to the area and to the environment. Can the Minister say when there will be a total ban on imported peat? Until that happens, this issue will not have been tackled sufficiently.
As the noble Baroness, Lady Fookes, said, horticulture is capable of delivering five of the 10 key goals in the 25-year environment plan, so it is by no means a poor relation to agriculture. This has been a wide-ranging debate over a number of vital areas. I look forward to the Minister’s response.