Rural Development (Amendment) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 13th March 2019 Grand Committee

[Baroness Byford (Con)]

My Lords, I follow my noble friend on her various questions; she touched on some of the things I wished to raise. The question of the timescale is hugely important because, in the past, some agricultural schemes have run for 10 years and some for seven years. The timescale that she has just referred to—between 2022 and 2027—is a span of only five years, so that ongoing question needs to be resolved.

We have talked about the question of active farmers and of who receives payments in the future in many of our discussions on agriculture. I particularly wonder whether that could, in the future, include youth projects and retirement projects, or whether that is outside the particular instruments that we are looking at. It may well be so and if I am told that it is, I will perhaps be happier than I am with it not being mentioned here.

My noble friend Lady McIntosh spoke about tenant farmers and graziers, or commoners, but if I am right, I would also raise the whole question of contractors with the Minister because so many farms—as indeed ours are—are now contracted out. It was easier in the past to always refer to tenant farmers, but I think one will find that there are many more contracted arrangements now between farmers.

I, too, would like to raise paragraphs 3 and 4 of the report from the Scrutiny Committee’s Sub-Committee B. These refer to the deficiencies but the Minister has covered many of them in his presentation. If there is anything he wants to add to it, it would be good for the Committee to hear that. Also, what is happening with the financial analysis that has taken place?

Returning to the European structural and investment funds regulations, page 3 of the Explanatory Memorandum refers to the,

“special interest to the Joint Committee”.

I understand that the House of Lords sifting committee did not think it was necessary to have a debate. However, the House of Commons recommended that we should, which is why we are debating it here. It would be interesting to know what it was unhappy about and what steps the Government have taken to rectify that, but overall, these instruments are obviously welcome. They are very technical, and allow systems to keep going as they are.

Moving to rural payments, we have talked about money being made available for rural development. Can the Minister say if that will also be defined as, for example, making it possible for groups of people to come together to enhance businesses and make that food chain shorter? That is not clear here. One of the big challenges that we face as a nation is how to contain the costs of producing food. The Minister, who is so knowledgeable on these things, knows very well the great advantage one has in fruit growing, or whatever it is, if there is a chain that links everything together. Money has been put aside in the past for that sort of work and I wonder whether that would fall within these regulations. It is not defined but it would be of great help.

Once we have accepted these instruments and moved on, perhaps there will be greater freedom for the UK to develop more ideas of its own as to how money could be used better to ensure that we produce food to our very high standards while reducing the chain. That way, the actual cost to the consumer could be contained in a better way than it perhaps has been in the past—it has been a bit fractioned in some areas. Pigs and poultry are not falling into that but there are some other areas, particularly horticulture, where the coming together of business would bring great benefits. However, having read through this, I am not clear whether that falls within the category of the thinking behind these regulations.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I will speak to the first two of these four statutory instruments that are being taken together. I thank the Minister and his officials for their very helpful briefing session on what is, as the noble Baroness, Lady Byford, has already indicated, a very complex subject.

The European agricultural fund for rural development provides rural development programmes which run under the multiannual financial framework. This SI allows funded programmes to run allegedly unhindered after exit date, until their natural end in 2020.

Annexe 2 of the Explanatory Memorandum lists the six legacy regulations affected by the SI, two more in which deficiencies will be remedied and four where the devolved Administrations have had programme amendments approved. This will ensure that structure fund programmes continue to run smoothly. As I understand it, these programmes will continue to report in the same way as previously but will report to the rural development programmes of England, Wales, Scotland and Northern Ireland, as the relevant devolved Administrations, instead of direct to the EU.

The aim of these SIs is to ensure operability of schemes and the continuity of investment in rural areas, which is the key element for me—it is really important. I wish to ask about the specifics of reporting mechanisms. The EU was very stringent on the information that was required by those who had received structure funds. Being involved with an organisation that had some of their money, I am aware of just how stringent it was. Can the Minister assure us that the UK will get good value for public money? This is especially necessary now that the Exchequer will pick up the funding instead of the EU.

As someone who comes from a rural community, I have a keen interest in the effect of these SIs. Last Friday I took part in a rural conference whose chief aim was to press the Government to produce a rural strategy. The Government have produced an Industrial Strategy which addresses the needs of urban communities and their economy. Now it is time to produce a strategy to address some of the huge disadvantages that rural communities face. These include lack of infrastructure, lack of transport, significantly less pupil funding, lack of affordable housing and poor access to services. I am concerned that the lifeline of rural development funding will be cut off by 2021, to be replaced by a nebulous undertaking that this will in future be covered by the Agriculture Bill.

The Agriculture Bill as published makes some significant changes to the way funding for farming and the environment would take place—as has already been said, public money for public good—but the Bill has become stuck in the Commons after Committee. I am concerned that a large gap in funding for rural areas is opening up before us. As the noble Lord has indicated, Sub-Committee B of the Secondary Legislation Scrutiny Committee estimates that the value of EU funds that will need to be replaced is between £400 million and £450 million a year of the European agricultural fund for rural development programmes for the remainder of the period to 2020. The loss of this investment will be keenly felt by many in deep rural areas.

Paragraph 7.3 of the Explanatory Memorandum states:

“After EU Exit, no new rural development programmes will need to be approved and from 2021 new agricultural and environmental schemes will be delivered under the Agricultural Bill”.


The Agriculture Bill will therefore need to be in place by 2021. It should have been in place by the 29th of this month, so that rural communities could plan ahead and have confidence that they were not going to suffer from a severe lack of resources. I know that the Minister understands these issues, but I am not sure the rest of the Government do.

Paragraph 12.1 of the Explanatory Memorandum, under “Impact”, states:

“Beneficiaries will continue to receive rural development funding as before EU exit”.


I am not confident that this will happen and am very concerned about the fate of rural communities.

[Lord Teverson (LD)]

My Lords, I first thank and apologise to the Minister for having missed his briefing on Monday; I was election monitoring in west Africa. I left central Guinea-Bissau at the right time and the journey all the way back to Gatwick Airport was perfect until I tried to get the Gatwick Express to Victoria, when it all went wrong and I missed the meeting.

For six years I had the great privilege of being a board member of the Marine Management Organisation, a Defra non-departmental public body. I have had an awful lot to do with structural funding over the years as an MEP, in other roles locally in the south-west and a little bit as part of the MMO. The EMFF recently has been one of the best-delivered structural funds. I am particularly thankful for the good work of the MMO’s finance director, Michelle Willis, under the direction of the chief executive, John Tuckett, who managed to deliver a programme of structural funding pretty well on time and of the right quality, which is unusual in this area.

I know the Minister always likes me to be positive, so I seriously congratulate the Government on one thing in particular—there will be others: in paragraph 6.7 of the Explanatory Memorandum, for the first time ever the Government have used the term “fishers” rather than “fishermen”. I have brought this up before, and the government response on why they used that word was that they consulted with the industry and that is the term it said it wanted to be used. There is something wrong in the way that that logic works. But congratulations on that. My sub-committee’s most recent report on the landing obligation, which I cannot go on to today, also used that terminology, because that is the way that participants in this industry are described in most other English-speaking countries. I hope that that will continue in future.

Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 27th February 2019 Grand Committee

We have worked very closely with the devolved Administrations on this instrument and, where it relates to devolved matters, they have given their full support and consent. These regulations will help to ensure that our waste management legislation continues to operate as intended, and as before, following EU exit. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, first, I declare my interests as a member of a local authority and a vice-president of the LGA. I thank the Minister for his comprehensive opening remarks and for his time and that of the Defra officials in the very useful briefing sessions held ahead of these SIs being debated. This SI, as indicated by its title, is something of a catch-all on the waste front, covering a number of waste issues from scrap metal to hazardous waste, batteries and accumulators, glass cullet, as well as landfill. I have a number of minor points to raise.

In paragraph 2.2 of the Explanatory Memorandum there is reference to the criteria for determining when certain of the materials that I have just mentioned would cease to be waste and to calculations of the efficiency of recycling processes. I would be grateful if the Minister could say what is meant by the,

“efficiency of the recycling processes”.

A number of EU Commission decisions on waste are revoked, and the Minister has just broadly referred to that. They include Decision 76/431/EEC, which concerns the setting up of a committee on waste management. This is referred to on page 2 of the Explanatory Memorandum and in the main SI on page 62. Can the Minister explain why there is no mention of a replacement committee on waste management? Is there no longer any need for this committee?

The Minister referred to Decision 2003/138/EC establishing component and material coding standards for vehicles, which is being revoked along with Decision 2005/293/EC on the reuse/recovery and reuse/recycling targets on end-of-life vehicles on the basis that they are already enshrined in UK law. I just wonder why they need to be mentioned if they are already enshrined in UK law.

The powers under directive 2008/98/EC, which were in place before exit day, will transfer after exit day to,

“the appropriate authority, appropriate agency or local authority”.

After exit day, the European Eco-Management and Audit Scheme, EMAS, will no longer have status and registrations will become invalid, although those wishing to can register under EMAS Global. The Government are proposing to make alternative provision for references to the certification of environment management standards by retaining a reference to a conformity assessment body. Transitional provisions will ensure that certifications granted to quality management systems will continue to be recognised as valid. Can the Minister say what these transitional provisions will be and when they will come into operation?

I am concerned about the mechanism for publishing and monitoring targets on waste. The Secretary of State is required to produce a progress report on the UK’s target to recycle 50% of household waste by 2020. However, this does not have to be published until 1 January 2020 and is not a requirement for the devolved Administrations, which the Minister has already referred to. Given the public’s concern about the level of waste, especially plastic waste, would it be better to bring this date forward so that action can be taken to ensure that the targets are met and adhered to?

This SI empowers the Environment Agency and equivalent bodies in other areas, including local authorities, to deal with decisions relating to landfilling of waste and waste from extractive industries, as well as waste criteria for metals, glass and so on. There is, however, no mention of additional resources being allocated to allow these agencies and bodies to take on these powers. Could the Minister say whether there are any plans to provide sufficient resources for this work to be carried out effectively and efficiently?

Finally, reference is made to the reclassification of some hazardous waste products in 1357/2014. The list in Annex III—I am very grateful to officials for providing this—which is referred to in the SI, contains some extremely toxic materials, including explosives, flammable liquids, irritants and carcinogenic materials. This is potentially extremely concerning and could have implications for public safety. Could the Minister give a little more detail on how this might be implemented?

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his introduction to this SI and his helpful prior briefing; I also thank the noble Baroness, Lady Bakewell, for her contribution.

As the Minister described, this SI contains a series of amendments to different aspects of the waste management system required to be in place by exit day. In the main, we are content with the proposals, which appear to replicate closely the current arrangements with the EU. These are regulations from which the UK has benefitted in the past and it is important that these standards are upheld.

However, I want to make a couple of points about the drafting, then I have some questions. On the drafting of the SI, although this is a very lengthy document, I found both the SI and the Explanatory Memorandum very clear and I commend those that drafted them. In particular, I welcome the inclusion in the SI of a very clear definition of who is the appropriate authority and appropriate agency in each case. The Minister will know that we have raised this issue time and again, but in this document, it is spelled out; indeed, the document goes further. Where there is a more generic reference, it is qualified by the phrase,

“the appropriate authority, appropriate agency or local authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation”.

I commend that wording and I believe that this phrase could be used more widely in other SIs to avoid ambiguity. There is learning for us all in that.

I now have a few questions. Along with the noble Baroness, Lady Bakewell, I would be grateful if the Minister could clarify the arrangements for external verification, reference to which is made several times in the document. For example, on page 22, the amendment to Article 5(7) uses an EU regulation to define a “conformity assessment body”. Do the Government intend to retain that EU definition and accreditation in the longer term? Is that how we will operate—namely, that we will not have our own UK definition and we will stick with the EU definition?

Paragraph 7(c) adds that other accreditation can be solved through the EMAS scheme, which has been referred to. However, this seems to be slightly at odds with the wording on page 4 of the Explanatory Memorandum, which states that references to EMAS “will be omitted” and that any registration would have to be through EMAS Global. Can the Minister clarify that wording? What is the difference between EMAS and EMAS Global? Does EMAS Global have the same authority and impact as EMAS and are the same resources available to provide the required verification?

I refer now to the reporting on the UK target to recycle 50% of household waste by 2020. As the noble Baroness, Lady Bakewell, said, this is an issue of great public interest, particularly as we seem to be heading towards missing that very important target. This was a requirement to report to the EU, which has been replaced by one called the “progress report” to be published,

“in a manner that the Secretary of State considers appropriate”,

before 2022. I am grateful to Richard Gregson, the Defra lawyer, for sending me the existing wording to compare with the new wording. The original wording refers to an “implementation report” that should demonstrate compliance with the targets to the Commission. This is to be replaced by a progress report, which it appears the Secretary of State will publish to himself with no penalty for inaction.

Let us compare this to what would happen if we remained in the EU. I am advised that if a member state is found guilty of failing to meet targets in a directive, an EU penalty formula would be applied—in this case, a maximum fine of around €700,000 each day if we do not meet the target in 2020 and continue not to meet it for a significant period. It does not need too much imagination to see how that threat would concentrate the minds of those responsible for the targets in Defra. Moreover, it once again puts into stark relief the need for an independent watchdog that can hold the Government to account and issue fines that will deliver real compliance with these important environmental objectives.

I am very unhappy with the wording of this SI as it stands. It seems to represent a considerable watering down of the current provision and I would contend that it goes further and represents a policy change as the 50% target now becomes advisory rather than compulsory. This is of course compounded by the fact, as we have heard, that the targets will apply to England only with no obligation on the devolved nations to report. I ask the Minister to look at this wording again to bring it more in line with the expectation of implementation as set out in the original wording and to put on record that the interim watchdog, the details of which we still await although the clock is ticking, will have equivalent powers to issue fines similar to those currently in operation in the EU.

Finally, on a small point of detail, there is a provision on extractive mining which covers the definition and the dangers therein. However, paragraph 5(c) of new Article 2B on page 16 of the SI includes a reference to,

“Article 2 of Council Directive 2009/158/EC on animal health conditions”,

relating to trade with the EU and third countries in “poultry and hatching eggs”. I struggle to see the connection between poultry and hatching eggs and extractive mining. I would be grateful if the Minister could explain that connection and why this provision appears not only in the paragraph that I have referred to but in several others. I am curious to hear the answer to that, but I look forward more seriously to his substantive response on the issue of waste targets.

--- Later in debate ---

I want to respond on one further issue. We are not weakening our environmental protection. We will maintain, and wish to enhance, our already high environmental standards. The EU withdrawal Act will ensure existing EU environmental law continues to have effect in UK law. We are absolutely clear that this is a technical instrument to ensure that the law is operable. In every case, there is no change to policy or to the environmental standards already in place. We have a lot of work to do on enhancing the environment, and the reduction of waste and moving to a circular economy is a clear component of that. We want to ensure that this country is in a better state than when we inherited it. It is important we make sure that this operability SI is successful.

[Baroness Bakewell of Hardington Mandeville]

Unless I missed it, the Minister did not refer to the committee on waste management. I am very concerned about what, if anything, will replace it.

[Lord Gardiner of Kimble]

My Lords, I think a letter would be a good idea.

Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 20th February 2019 Grand Committee

[The Duke of Montrose (Con)]

My Lords, I thank the Minister for his detailed exposition of the extent of this legislation. It sounds as though the existing regime will transfer without too much of a hiccup in order to enforce the regulations. However, in declaring my interest as a livestock rearer and a farmer, I cannot resist pointing out that the existing system is not totally foolproof. This is really for another day, but we need to realise that certain diseases seem to slip in not just by midges being blown across from Europe. Two that affect sheep in particular which have come in are maedi visna and ovine pulmonary adenocarcinoma—OPA. These diseases are now hidden in our own flocks and are very difficult to determine.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his very helpful introduction, and for his time and that of his officials in producing the very helpful briefings we received prior to debating these statutory instruments. But yet again no impact assessment has been produced for them, as the Government believe there is no significant impact. This is not acceptable, since insufficient time is being allocated to allow proper scrutiny of the raft of Defra SIs in particular that are required to be passed before 29 March. Had the Government started this process earlier there would have been sufficient time for such impact assessments to have taken place, and for the public and politicians to be suitably reassured that no harm would occur. However, I do not agree with the noble Lord, Lord Adonis, that all our consideration of SIs should take place on the Floor of the House. That would be a very poor use of parliamentary time.

Although the first SI on aquatic animal health and plant health does not make changes to substantive policy content, there is always a risk of new disease and pest risks. The SI gives the Secretary of State powers to manage and prevent diseases and pests in aquatic plants and animals. It also allows the Secretary of State to amend lists of possible diseases and pests on the basis of evidence and bring about restrictions to stop imports if they are believed to be infected with these diseases and pests. However, there is little to say what the evidence base will be for amending lists of diseases and pests, or how this will impact on businesses and the voluntary sector. What type of evidence will be required and where that will come from?

As we are becoming somewhat used to, there are a whole host of delegated powers in this SI that allow the Secretary of State to amend lists of diseases as well as other things listed in Regulation 7 in Part 2. These powers are currently exercised by the Commission as delegated powers. However, the Government do not appear to be drawing back powers that should be held by Parliament. If the Government essentially intend to mirror the EU’s list of diseases and pests, could the Minister say what the point is in claiming back these functions? Surely this is the point of pooled sovereignty.

The list of diseases is transferred, with appropriate modifications, to the Secretary of State, Welsh Ministers, Scottish Ministers and Defra in the case of Northern Ireland to exercise in their respective areas. Could the Minister say what these appropriate modifications will be? The Secretary of State may also exercise the functions on behalf of a devolved Administration with their consent. There are several other powers under this directive that are not transferred via this instrument as they are not thought to be critical for day-one readiness and may be transferred in due course. Again, could the Minister say what these functions are and when they might be transferred?

The animals legislative functions SI covers the provision of a lot of animal regulation currently managed by the Commission to be given, again, to the Secretary of State, who may make amendments with the permission of the “appropriate Minister”. New article 2a as inserted by the SI gives a definition of the appropriate Minister, which includes the Welsh Ministers, the Scottish Ministers and Defra for Northern Ireland, as I said. However, the appropriate Minister has to give consent to the Secretary of State before changes can be made. Could the Minister say what contingencies are in place should such consent not be forthcoming from the Welsh and Scottish devolved Administrations? I presume is it expected that Defra, on behalf of Northern Ireland, will automatically give consent.

I am concerned that the transfer of these powers to the Secretary of State on animal welfare could lead to a watering down of our animal welfare regulations, which are currently some of the best in the world. They include the transportation requirements of animals, the level of checks carried out on livestock, limiting the amount of seal hunt products arriving on the market, and the maximum number of poultry, hares and rabbits to be processed by low-throughput slaughterhouses. As the noble Lord, Lord Trees, has said, it is extremely important to maintain the strictest regulations for TSE.

As the noble Baroness, Lady McIntosh, flagged up, could the Minister say just how many hares and rabbits—particularly hares—are slaughtered through slaughterhouses? I am by no means an expert, but I have never heard of hares or rabbits being killed by slaughterhouses in this country. Our hare population, although recovering in some areas, is seriously under threat. The thought that these wild creatures will somehow be subject to a slaughterhouse production line is extremely concerning.

The Government continue to make encouraging noises about their commitment to animal welfare, but appear not to ensure that our current standards are enshrined in our law; they are subject to alteration by the Secretary of State. While the current incumbent is committed to animal welfare, we all know that Secretaries of State can come and go. It is a dangerous policy to allow these commitments to be the subject of individual personnel, as opposed to committed to law.

Recycling

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 13th February 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, obviously both Houses are aiming to eliminate avoidable single-use plastic by this year. I am mindful of what the noble Baroness has said and in Defra and across Whitehall we are all seeking to reduce the use of plastic. It is a very good point.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is not feasible to force all local authorities into standardised waste collections. Geographical areas across the country vary from blocks of flats in cities through to isolated rural homes down winding lanes. Currently, 50 different types of plastic are produced and used in the UK compared to two in Norway. Surely a more productive way forward is for the plastics industry to play its part by producing fewer plastic types and ensuring that what is produced is recyclable. Does the Minister agree?

[Lord Gardiner of Kimble]

Yes and yes. We need through research and investment, both public and private, to ensure that materials and plastic are reused and recycled much more and that there is consistency. The noble Baroness is right: the lowest recycling rate is in Newham at 14% and yet in the East Riding of Yorkshire it is 64%. There is great disparity in all regions and we need to work on obtaining a more consistent and higher rate of recycling.

Fly-tipping

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 31st January 2019 Lords Chamber

[Lord Gardiner of Kimble]

Again, I agree with my noble friend that there is a lot that needs to be done. It is worse in urban areas than rural areas, but wherever it is, it is unacceptable.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, where fly-tipping occurs on local authority land, such as country parks, the ratepayer picks up the cost; where on private land, it is the landowner who pays. To what extent do the Government agree that the problem is related to the increased cost of waste disposal, reflected in the cost of skips, which are an additional burden to many small trade-related firms? Does the Minister agree that an approach to ease the commercial recycling and associated costs, plus the availability of suitable disposal locations, might help to alleviate the situation?

[Lord Gardiner of Kimble]

My Lords, the resources and waste strategy engages a lot of that area. Interestingly, although during the lifetime of this Parliament £200 billion is going to local authorities, although not ring-fenced, we clearly want to be looking at this. We have asked WRAP to look at these matters, because the evidence does not show that it is about resources; it is about using the actions that can be taken. There is a whole range of actions, with increased fines, that is going to be very helpful.

Brexit: Agriculture

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 14th January 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, my noble friend raises an important element: we want to enhance the environment. Clearly we must deal with the use of plastic better, whether in industry, agriculture or our own use, and have recyclable, reusable objects. I should also say that, as announced in the Clean Air Strategy this morning, we need to collaborate with farmers to improve the ammonia situation as well.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, despite the words of the Secretary of State at the Oxford conference, no deal is now a very real prospect. How do the Government propose to ensure that the Secretary of State, despite his words, will be able to make all the necessary arrangements to protect both farmers and food supplies?

[Lord Gardiner of Kimble]

Of course, that is precisely why there has been a border delivery group working across Whitehall since March 2017. It is working with the port and other transport operators to ensure, as a priority, that we have the materials we need, including medicines and so forth, but also a free flow of traffic. It was interesting that the manager of the Port of Calais referred to the fact that it is putting much more effort and many more people into ensuring this free flow of goods, which is of course at the back of why we want a deal.

Environment Plan

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 29th November 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the 25-year environment plan will involve: environmental land management; an environmental net gain principle; a resources and waste strategy coming forward; a clean air strategy coming forward; a review of national parks already in place; and we are reducing plastic waste. These are just some examples of the Government’s intent, the strongest possible intent, that we shall be the first generation to enhance the environment. As for Natural England, it does a very good job. All public bodies have had to ensure that we find enough money for essential services during a very difficult time after 2008, and that has borne fruit. That is how the vulnerable, at a very difficult time, were cared for.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, as the Minister has indicated, the targets are due to be published shortly. Polling has consistently found a high public demand for targets in law to protect the environment, which is very dear to the public’s heart. Will there be public consultation on the targets and, if so, when, given that the targets are about to be published?

[Lord Gardiner of Kimble]

My Lords, after the draft legislation on the environmental principles and governance has been published, there will be a period of pre-legislative scrutiny. Indeed, there has already been consultation, and responses to that consultation, on the principles and governance. That will also be published; we are continuing to analyse the responses. There is a lot of work in process, and a lot of that will come forward so that there is pre-legislative scrutiny and, indeed, further public reflection.

Infrastructure Planning (Water Resources) (England) Order 2018

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 21st November 2018 Grand Committee

[Baroness Redfern (Con)]

My Lords, I too welcome the SI and agree with many of the comments of my noble friend Lady Byford. We have droughts in the eastern part of the UK, so I welcome looking at our reservoirs and desalination plants.

I have a query about the impact on costs to local authorities. In paragraph 12.3 of the Explanatory Memorandum, it says that,

“there will be a slight increase in costs to Local Authorities … as more resource will be required in order to advise on applications”.

Is that for central government or for local authorities? Budgets are tight and I should like some clarification, particularly on that explanatory note.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I declare my interest as a district councillor. I thank the Minister for his opening remarks and for setting the scene so clearly.

Water is a natural resource which is not finite. Our lives and livelihoods depend on it, and the well-being of all living creatures, trees and plants relies on there being a ready and plentiful supply of fresh water.

As the Minister has said, the change to the Planning Act 2008 for nationally significant infrastructure projects was out to consultation for six weeks during November 2017 and then for a shorter, three-week period in April this year. The first consultation resulted in a significant number of responses but no definitive consensus. The second consultation received 20 responses from those bodies directly affected by the change to the law. There was broad agreement with the proposed amendments. I find this encouraging, as it is quite a significant alteration to the capacity currently covered by the 2008 Act.

The change from 10 million to 30 million cubic metres represents a trebling of dam or reservoir capacity. This is likely to have some impact on the surrounding area and, no doubt, the people affected will have views that they wish to express.

To avoid drought conditions in parts of the country—such as we have heard about—it is imperative for major projects which both conserve and move water to be streamlined to ensure they proceed on time.

Brexit: Food Security

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 20th November 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, this great country is going to have a very strong future. It will be outside the European Union, but we will want to have very strong co-operation with our friends in the EU 27. The noble Lord is absolutely right. In a global economy we are trading around the world—as, indeed, is the EU. The EU is trading with countries that are not members of the EU. We all want to do trade together. That is why I very much hope that a successful deal will be concluded—because it is in everyone’s interests. But the noble Lord is absolutely right: this country will prosper whatever the scenario.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, there is great concern that a careless Brexit will pose a threat to the UK’s short-term food security, when it is vital that a genuinely sustainable food strategy for the whole UK should be developed. It is important for high food standards to remain at the heart of any trade deals. Is the Minister able to assure the House that the Government will provide clarity on their proposed migration policy and consider the contribution that non-UK citizens of the EU make to the quantity and quality of the UK’s food supply and services?

[Lord Gardiner of Kimble]

My Lords, clearly, Defra and the Home Office will need to consider these matters because we need people to help us in the agricultural and horticultural sector. But I repeat to the noble Baroness that we have very strong domestic production. We also source food from around the world. As I have said from the Dispatch Box before, on the issue of disease or pests or whatever, we have a very sophisticated industry that has other sources of supply—but I am not anticipating that, because EU food producers want to bring their food here and we want to export our wonderful food to them.

Ivory Bill

Baroness Bakewell of Hardington Mandeville Excerpts

3rd reading (Hansard): House of Lords
Tuesday 13th November 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I apologise to the House for not being here to hear the Minister’s remarks; I was running across the road.

[Noble Lords]

Oh!

[Baroness Bakewell of Hardington Mandeville]

May I speak? Thank you, my Lords. I will be brief. The UK has shown that it can lead the way in protecting the elephant. We have adhered to CITES and have moved forward tremendously in banning the trade in ivory objects in our country. Prior to the Bill, a large percentage of new ivory was being laundered through our country, masquerading as being of pre-1945 and pre-1918 vintage. There is still some way to go before the Bill can be implemented but there is now a clear timetable for how that will progress. I look forward, once the Bill is enacted, to a consultation on the other animals with the misfortune to have expensive trophies as part of their anatomy: the narwhal, the hippo and the rhinoceros, as the noble Baroness, Lady Jones, said. It is important that in banning elephant ivory we have not substituted another animal for the poachers to target.

I thank the Minister for his briefings and his patience and the Bill team for their very helpful information that was provided at all stages of the Bill. I also thank the noble Baroness, Lady Jones of Whitchurch, for the leading part that she has played during the passage of the Ivory Bill. The plight of the elephant is of great importance to all those who sit in your Lordships’ House. Often our debates fall into party-political camps but that has not been the case with the Ivory Bill; the House has been united across all Benches to ensure the passage of this legislation. I am extremely proud of having played a small part in that process. I look forward to a similar meeting of minds on some of our future legislation, but I am slightly more pessimistic about that in the near future.

[Lord Gardiner of Kimble]

My Lords, I have listened to all the remarks that have been made. It has been an honour for us all to have been a part of this legislation. I will reflect on all that has been said. This is an international effort. I beg to move that the Bill do now pass.