REACH (Amendment) Regulations 2023

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 13th June 2023 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction. As with a number of SIs in the past, we have been facing this issue since 2019. At that time, the Government were urged from all sides, especially the chemical industry, to stay within EU REACH. The data analysis and licensing systems that would not be made available to the UK were and are extensive. This would not be the case if the country remained within EU REACH.

The need for registration, evaluation, authorisation and restriction of chemicals is obvious. It protects the public, plants and animals from the harm caused by toxic chemicals, all of which have to be licensed and registered. This is a complex process. Without access to EU REACH data, a completely new set of data had to be compiled and licensed from scratch. This involves animal testing. We cannot get away from this fact. It is necessary, but it could have been avoided. It will also involve huge financial costs to the chemical industry.

On 4 March 2019, my noble friend Lord Fox and I met Defra officials along with the then Minister. We stressed the huge costs involved, which we felt ran into billions, and the long timeframe needed to get the necessary licences in place. I regret to say that we were treated with contempt and told that it would be much cheaper and quicker than our predictions.

The deadline before implementation has already been extended from that set on 26 March 2019. In answer to an Oral Question in September 2020, Defra revealed that EU REACH employed some 600 staff and took 10 years to deal with the difficulties in the system at a cost of £100 million. Defra proposed to achieve the same with 40 staff, at a cost of £13 million. By December 2020, in a debate on a regret Motion, a cost of £1 billion was mentioned.

Here we are today once again extending the already extended timeframe. This is a piece of elastic that has come to the end of its life. Defra’s estimation of the current costs for completing the licensing is now between £1.3 billion and the figure that I think the Minister mentioned of £3.5 billion. I have tremendous respect for the Minister and his predecessor, but on this occasion I have to say to Defra: “We told you so”.

In a debate in 2020, the noble Lord, Lord Cameron of Dillington, began his remarks by saying:

“My Lords, I would like to echo the regret that others have expressed that we have allowed ourselves to walk into this unnecessary nightmare”.—[Official Report, 8/12/20; col. 1162.]


I could not agree more. It is clear than an extension of the timeframe is needed. Is the Minister sure that the timings now being requested will be sufficient? In its report of 11 May, the Secondary Legislation Scrutiny Committee, to which he referred, says that it does not believe that the alternative transitional registration—ATR—model deadline of 2024 is achievable. Can the Minister say whether, during this extended timeframe, animals will continue to be subjected to painful and harmful testing methods? Others have spoken about the effect and the danger of hazardous substances.

Given that the extended timeframe favours large businesses with the greatest tonnage, can the Minister assure the Grand Committee that the smaller but nevertheless vital businesses often providing subcontract work will be able to survive? How many, if any, businesses dealing with and producing chemicals have gone under since the country left EU REACH?

The Minister referred to the Retained EU Law (Revocation and Reform) Bill. How will the three-year extension period proposed today interact with the sunset provisions in the REUL Bill? I believe he said that there would be no impact, but I would be glad for confirmation. The Secondary Legislation Scrutiny Committee raised this issue and the proposed extended deadlines.

In November 2022, Defra extended the submission deadlines for the consultation outcomes. Some 82% of the 289 responses had a strong preference for a three-year extension. However, the NGOs preferred no extension at all. This was due to concerns that the ATR model would be weaker and less protective of human health and the environment than current transitional arrangements, which are also still under development. UK REACH is supposed to be bound by the Environment Act’s precautionary principle. However, there is clear risk involved in the ATR model.

The Chemical Industries Association, the CIA, stresses the importance of urgently providing legal certainty to businesses. The current level of uncertainty around registration requirements, expected timelines and related costs is not encouraging new market opportunities. Extending deadlines is not providing the clarity needed on the viability of the registration model or allowing sufficient time for appropriate legislation to be developed and for authorities and industries to implement it. The noble Baroness, Lady McIntosh of Pickering, referred to this. Will the Minister please comment?

The CIA is of the view that an effective UK REACH could be achieved even without requiring a full resubmission dossier of all substances already registered under EU REACH. Sadly, so prejudiced is Defra to anything that might smack of the EU, it will not adapt EU REACH and insists that UK REACH will be better. If we ever get there, it certainly will not be cheaper.

I will give an example from the CHEM Trust. In its second-year programme, UK REACH deprioritised controls on nine hazardous substances targeted by the EU. These included concentration limits for eight polycyclic aromatic hydrocarbons used as infill and, in loose form, in synthetic football pitches and playgrounds. These are linked to increased cancer risk. A typical sports pitch uses 120 tonnes of these crumbs. According to a 2017 study, six tonnes of potentially carcinogenic material would be non-compliant with the current EU standards. Is Defra’s prioritisation of fewer EU controls on harmful substances a short-term measure until it reaches capacity, or will it introduce other measures to close the protective gap that is opening up before our eyes?

I have serious concerns about the deliverability of the UK REACH regulations. However, I feel I have no choice but to support the extension of the timeframe for delivery. I have a terrible feeling that the ATR will not be achieved and that we will be debating this issue again before too long.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I thank the Minister for his overview of the SI before us and for his correspondence in advance of today’s debate. I also thank all noble Lords for their contributions, which highlight the importance of the discussion. Given the discussion in the other place, it will not surprise the Minister that His Majesty’s Opposition will support this SI. However, we have some specific concerns relating to the direction of the post- Brexit REACH regulatory framework and the capacity of the HSE as a statutory body to provide effective enforcement.

As we discussed last week in our debate on the packaging waste statutory instrument—I am becoming a pro—the collation of this data is key to the implementation and enforcement of an effective regulatory regime. But that requires the Government to move at speed to ensure that they have the data available to make informed decisions. Paragraph 7.1 of the Explanatory Memorandum states:

“The changes provide sufficient time for the government to develop and introduce a new registration model that will cater for EU registrations transferred to Great Britain under Title 14A of UK REACH”.


The Government have known about the need to develop and introduce this model for seven years. In fact, the Minister will remember that discussions regarding the future of REACH were a regular feature of the debate around Brexit in the other place before and after the referendum. Given that the industry has been doing everything possible to support the department in reaching a new model, can the Minister inform the Committee why the department is so far behind schedule and why this is being addressed only now?

Paragraph 7.2 of the EM states:

“The statutory timelines for HSE to carry out their compliance checks on the information submitted by industry are also being extended to align with the data submission deadlines”.


I sound like a stuck record, but this is a similar situation to the ones we have seen with imports of food and certain goods from the EU, with launch dates repeatedly postponed due to a lack of preparedness. Can the Minister inform the Committee why we repeatedly need to extend the deadlines?

Later paragraphs of the EM—from paragraph 7.7 onwards—explain why His Majesty’s Government have opted to take a different approach and outline the likely timescales on implementing changes to IT systems. Why were industry concerns about the cost of the original proposal not given more weight at the time? How many civil servants have been used and how much financial resource has been spent on the original option? How much of the work that has already been done can Ministers carry over? While industry supports the changes being made, concerns have already been voiced about the workability of the alternative system and its potential implications for safety, which must remain paramount. We are not against divergence from the EU, but we must not allow gaps to form in our regulation of chemicals. Neither businesses, workers nor citizens will benefit if health and well-being are put at risk unnecessarily.

The Minister in the House of Commons, Rebecca Pow, addressed concerns about the HSE’s capacity by saying:

“Its capacity is increasing all the time … by 2025 the number of HSE staff working on UK REACH delivery is expected to grow to 50, and the number is around 60 or 70 if we consider the wider support functions”.


We welcome that ramping up of capacity, but is the Minister satisfied that this staffing level is sufficient given the areas that we are talking about? In that debate, the Minister also said that the department

“will be developing a chemical strategy”

and that we

“will hear more about that in due course”.—[Official Report, Commons, Fifth Delegated Legislation Committee, 16/5/23; cols. 9-10.]

Can the Minister here, the noble Lord, Lord Benyon, be any more specific? How confident is he that this will not simply be added to the list of items that arrive late?

I sincerely believe that each and every one of us wants nothing more than a regulatory framework that keeps our population safe and secure. Given the nature and importance of the REACH regulations, it is therefore vital that we do not just get this right but get it done quickly.

Agricultural Tenancies

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 12th June 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I begin by welcoming this Statement and the fact that the Government are agreeing to implement many of the recommendations from the Rock review. I also thank the noble Baroness, Lady Rock, and everybody who has been involved in the Tenancy Working Group for their work in producing such an excellent report.

Why does this report matter? Tenant farmers remain an important part of British agriculture. Tenants farm 30% of farmed land in the UK, and this is a traditional means of entry for young farmers who do not happen to inherit a farm.

Tenant farmers are vital if the Government are to meet their ambitious commitments across food security, the environment and climate change, as well as levelling up rural communities. A clear government commitment to the agricultural tenanted sector is important to the future of farming in this country, so it is very good to see that, as the Statement says, three-year agreements are now being offered for tenants to participate in the sustainable farming initiative. Yet, according to the Tenant Farmers Association, a lack of security over the future and not knowing if they will still have their farms in five years’ time is the biggest worry for most tenant farmers, who are under a farm business tenancy. This therefore provides very little incentive for them to invest in the medium to long term in their farms.

In commenting on the Government’s response to the review, the noble Baroness, Lady Rock, said that she was disappointed that they had not recognised its findings regarding the increase in new clauses being inserted into farm business tenancies that reserve the right to enter public and private schemes solely for the landlord. Can the Minister tell us why the Government made that decision?

The Statement also says that the Government must

“remove any remaining barriers to accessing our farming schemes”.

This, of course, includes much more than just the sustainable farming initiative. Why did the Government not accept the proposals from the Rock review to make it easier for tenants to enter the tier 2 and tier 3 versions? This is where a lot of the schemes will sit. I am thinking particularly, for example, of Countryside Stewardship and landscape recovery. Can the Minister also tell the House how the Government intend to deliver the review’s recommendations on securing tenant access to the new environmental land management schemes on tenanted land when there is no landlord consent?

The noble Baroness, Lady Rock, also said that she was

“disheartened that the Government has avoided the recommendation to allow tenant farmers to have a fair basis on which to engage in diversified activities and that the proposal to involve the independent Law Commission has been downgraded”.

Again, can the Minister provide an explanation as to why these decisions were taken?

I move on to the next announcement in the Statement: the establishment of the farm tenancy forum. We very much welcome this, but is the Minister able to further clarify its role? It will be important that it does more than just monitor and ask for further evidence. It will need to fulfil its task of implementing the Government’s response to the Rock review—all the good things that are in that—and should not be just a rolled-over version of its predecessor.

We are pleased to see that the Government are going to progress the development of the new code of practice and very much welcome the leading role to be taken by the Royal Institution of Chartered Surveyors.

Regarding the further consideration of the recommendation of a tenant farming commissioner, the review clearly laid out exactly why this is needed. Can the Minister assure your Lordships’ House that the call for evidence will be carried out with a real sense of urgency?

Finally, we know that there is continued anxiety around the future of farming and a need for more training and business support, so we very much welcome the commitment in the Statement regarding the new entrant support scheme pilots. Can the Minister provide any information as to when we are likely to have more detail about that? It would be interesting to know how long the pilot scheme will last, when they are likely to implemented and so on. Encouraging more people to enter farming is vital if we are to have a thriving agricultural tenanted sector in the future.

I look forward to the Minister’s response, but we warmly welcome the fact that the Government are committed to implementing the bulk of what is in the Rock review.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful for this opportunity to comment on the tremendous work that the noble Baroness, Lady Rock, and her team have done on the tenant farming sector, which plays such an important part in the agricultural provision of the country.

The Statement, given in the other place on 24 May, draws on the government response to the Rock review, which was published in October last year. The review itself was extensive and covered every area of the way that agriculture is conducted by tenant farmers, from relationships with landlords to tax systems. Tenant farmers are now firmly at the centre of the agriculture industry. I am delighted that Defra has proposed setting up a tenant farmers’ forum; that is excellent news. Tenant farmer voices need to be not only heard but listened to.

I read the Rock review, the government response and the Statement, and thought that the Statement was very thin on the detail of the government response and the review itself. The review splits its recommendations into two parts: those requiring immediate action and those taking place over a longer timeframe.

There are aspects of the government response that were good. First, the Government are ensuring that the various ELMS are easily accessible and open to tenant farmers; that is essential. Recommendation 1 gives details of how this could be achieved, including by ensuring that landlords are not able to block tenant applications. However, in terms of the SFI, it is true that tenant farmers have not rushed to take part. Can the Minister say what the Government are doing to rectify that situation?

Secondly, the Government are ensuring that Defra communicates with the tenant sector and that funding schemes are easily accessible to tenant farmers; that is important. Doing this through the farm tenancy forum is also important. Thirdly, they are continuing to invest in farm infrastructure through the farming investment fund by means of grants to farmers, foresters and growers, which will include tenants. Science and technology are moving at a pace; it is vital that tenant farmers have access to resources to invest in innovation. Is the Minister able to say how much of the £168 million in the FIF has been allocated to the tenant farming sector, and is this likely to be sufficient to make a real difference to the tenant farmer?

Other aspects of the response were not so encouraging. Requiring a longer period for implementation is the proposal in recommendation 6 for the appointment of a tenant farmer commissioner. This role would ensure that government policy is tenant-proofed. The commissioner would be able to examine and strengthen any dispute resolution processes. That was met by Defra with a call for evidence over the summer months. This seems to have been in response to industry lobbying with differing views, possibly from the landlord sector. That was disappointing, so I would welcome the Minister’s view on the appointment of a tenant farmer commissioner.

There were also a large number of recommendations, where the government response was to

“work with the … Farm Tenancy Forum”.

While that is exactly what they and the forum should be doing, it seems to me that the Government were pushing a disproportionate amount down to the forum. It would be better if they made a much more positive response to the individual recommendations in the Rock review in the first place.

The chapter on tax contained a number of recommendations, including recommendation 62:

“Reform Stamp Duty Land Tax to end discrimination against”


farmers. The government response to this and to recommendations 56 to 58 was to explore the potential for relief on tenancies of eight years or more and to work with the forum on solutions. Again, that was not as encouraging as it might have been.

In the other place, the previous Secretary of State raised the issue of the Law of Property Act 1925 and the Agricultural Holdings Act 1948, whereby landowners had a right to rent out their land. However, following lobbying by the banking industry, that was taken away through Section 31 of the Agricultural Tenancies Act 1995, which requires that they now need permission from a bank. The question was asked whether the Government had considered repealing Section 31. The Minister’s response was to look into the matter and get back to the right honourable Member. Given the length of time that has elapsed since the Statement was first debated, can the Minister update the House on whether this is likely to be considered?

Tenants, and farmers in general, are bogged down in measuring and monitoring what they do. Recommendation 68 calls for Defra to

“systematise the measurement, monitoring and collection of data on tenants and their involvement in schemes”.

This is not rocket science and it will make a tremendous difference to tenants and other farmers. The Government’s response was quite long and ended with:

“We will keep this question under review as part of our monitoring, evaluation and learning work, to ensure we have all the necessary evidence to inform ongoing policy review and development”.


So that was a no. The Government are obsessed with monitoring and evaluation; as the saying goes, you do not fatten a pig by continually weighing it. The noble Baroness, Lady Rock, has taken an enormous amount of time on this review and produced some workable recommendations which would enhance the lives and viability of tenant farmers. I am disappointed by the government response.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I thank both noble Baronesses for their welcome for the review, which I entirely share. I should refer noble Lords to my entry in the register: I am not just a farmer but a member of the Royal Institution of Chartered Surveyors.

I pay a real tribute to my noble friend Lady Rock for what she has done to ensure that tenant voices are heard at this key moment in our agricultural transition. It was entirely right of my right honourable friend George Eustice to commission her. The team she had around her did an enormous amount to help Ministers on policy, but also to give a voice to a very important part of our agricultural sector.

From day one of the agricultural transition, we have worked with tenant farmers as we have codesigned our farming schemes, utilising their input through our tests, trials and pilots to develop schemes so that they are accessible to all. But we are grateful to the review for highlighting some areas which we have taken action to ensure are accessible to tenants. We recognise how critical the tenanted sector is to a successful agricultural transition. When we commissioned the tenancy working group to carry out this comprehensive review, we were absolutely clear from the start that tenants must continue to be a very significant part of the occupation of land and the production of high-quality food in this country.

I will address the various points that the noble Baronesses raised, but not in any order—I hope they will forgive me. On the farming investment fund raised by the noble Baroness, Lady Bakewell, we have made productivity and capital grants, such as those available through the farming investment fund, available to both landlords and tenants.

There are over 70 recommendations in this review and many we have already delivered on, such as the very important point about sustainable farming incentive standards. We have three standards that were launched a year ago: they are the standards on arable and horticultural soils, improved grassland soils and moorland. We have announced six new standards for this year, which include hedgerows, integrated pest management, nutrient management, arable and horticultural land, improved grassland and low-input grassland. We want to make sure that tenants can access those, in many cases without landlords’ consent. That is an absolutely key point, but other measures are also available to them in such areas as countryside stewardship.

Some of the Rock review recommendations have widespread stakeholder support. There is less consensus on others and we want to make sure that we are getting it right, so asking for a call for evidence on whether having a tenant farming commissioner is right seems a good process to undergo before appointing one. However, we are open to the idea; I want to reassure noble Lords on that.

The noble Baroness, Lady Hayman, asked about the Farm Tenancy Forum. The current Tenancy Reform Industry Group is an ad hoc organisation that meets on an irregular basis to resolve particular issues. The Farm Tenancy Forum will meet quarterly; it will be co-chaired by my right honourable friend Mark Spencer, the Farming Minister; and it will have a remit to find solutions to various issues relating to the tenanted sector and feed back real-world experience and insight on progress. We are inviting industry organisations that represent tenant farmers, agricultural landlords and professional advisers who work in the sector to be members of this group. The forum will build on the valuable work the Tenancy Reform Industry Group delivered over many years. To explore the issue of a tenant farming commissioner in more detail, we will make an announcement this summer at the completion of the call for evidence.

We recognise that, in many cases, tenants and land agents—and I speak as somebody who qualified as a land agent—work collaboratively. The vast majority of the relationships between landlords and tenants is good. There are some bad cases, and the report highlighted the actions of some advisers that need to be addressed. I am pleased that the Royal Institution of Chartered Surveyors is looking at a new code of practice. That will build on work that has already been done by the CLA and the Central Association of Agricultural Valuers to make sure we are getting that right.

The government response recognises that the issue of restrictions in farm business tenancy agreements needs to be examined further to see whether those are a widespread barrier to tenants accessing new schemes. We have to remember that if we make dramatic changes to policy, we could stop the access to farming by this key group of people, because the incentives to landlords to let land will not be there. That has happened in other countries, and we want to make sure that the vibrant tenant farming sector exists because landlords are incentivised to let land and, once they have let it, farmers can get on and farm it, secure in the knowledge that they are going to be able to access the schemes and know they are not going to have what is known as unreasonable land resumption, which is basically the ending of tenancies.

I can speak from first-hand experience about the importance of the term of years of tenure. The report makes some really interesting comments about trying to incentivise landlords to give longer tenancies, and some of the tax reforms announced by the Chancellor—the Government are seeking evidence on them before making a change, and it comes under the Treasury and not Defra—are the sorts of things we will be promoting. What is clear is that as you get to the end of a farm business tenancy, the tenant has less and less incentive to invest—in buildings, in the natural capital that he or she is seeking to exploit—and nobody wins. To give them some sort of surety was one of the best points that was made in the review.

The noble Baroness, Lady Hayman, asked about new entrants, something vital to me and to us in Defra. On the one hand, we have given the exit scheme to allow farmers to exit their holdings with dignity and support from the Government. At the same time, we are putting in £1 million for access to special benefits by tenants as part of the development of the new entrant support schemes. We will involve tenancy industry bodies such as the Tenant Farmers Association to be part of the stakeholder advisory group. We will share data on the number of tenants that have signed up to the pilots, use the feedback we get from tenants to embed tenant farmer thinking back into policy design, and look to the extent to which new entrant support scheme pilots support people to gain new tenancies.

The biggest barrier to somebody succeeding in farming and getting through the door is a shortage of capital or skills. If you assist a new entrant in setting out a business case for a tenancy that comes available, how to talk to a bank and how to do a cashflow, their skills and enthusiasm will take on the rest. We have seen this happen, and I applaud so many good landlords for doing it. That is the experience of the Duchy of Cornwall, the Crown Estate and many others. Clinton Devon Estates is a great example of a really enlightened policy of trying to encourage new people into farming and bringing in new ideas, which is absolutely vital.

I am conscious that this is a long Answer; I was asked a lot of questions. On the tax recommendations, as I said, at the Spring Budget we launched a consultation to explore the extension of inheritance tax relief to include land in environmental land management schemes and ecosystem service markets. The consultation also explores the option to limit inheritance tax relief to let land out for a minimum of eight years. Since publication of the review, HMRC has updated its inheritance tax manual to help clarify the tax treatment of agri-environment schemes.

On the point about technology and the collection of data, this is not particular to tenant farmers: it is absolutely vital across the farming sector. Technology is our friend here. Someone with the scars on their back of IACS, going round with a measuring wheel and arguing on the phone with Defra—or MAFF, as it was then—about whether you had one-metre or two-metre margins, can now do it from satellite data or with their mobile phone. The collection of data has to be easy and sensible, and we need to incentivise people to do it. That will assist in so many areas of the governance of farming, not least the availability of land for tenant farmers. We want to make sure that that is happening.

Animal Welfare

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 7th June 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, the Statement we are debating today starts with a list of government achievements on animal welfare. Of course, we always welcome any positive progress on animal welfare measures, but the problem is that that is not really the point of this Statement or why it has been made. What it is actually doing is scrapping the kept animals Bill—legislation designed to protect pets, livestock and wild animals. I point out that we have had to wait until today to debate this, as the announcement was made on the afternoon of 25 May, the last day before recess.

The Bill was first introduced two years ago and was announced again in the Queen’s Speech last year. It would have delivered on a number of Conservative 2019 manifesto animal welfare commitments, including ending the export of live animals for fattening and slaughter, tackling puppy smuggling and banning the keeping of primates as pets. One animal charity has accused Ministers of “an astonishing betrayal”, yet the Statement has the gall to say that this Conservative Government

“have done more than any other party on animal welfare, delivering on”

the manifesto. So, let us remind ourselves about the issue of delivering, because aside from this Bill, the animals abroad Bill was also scrapped. Although I am sure the Minister will say that we have Private Members’ Bills coming to this House, some containing what was in that ill-fated Bill, can he explain why the promises to ban fur and foie gras imports have bitten the dust?

If animal welfare promises are included in a manifesto, they should be delivered. There should not be a pick-and-mix approach by the Secretary of State or Prime Minister of the day as to which proposals are the least likely to upset Tory Back-Benchers. Saying that taking forward the measures in the kept animals Bill individually is the surest and quickest way is an extraordinary statement, when we consider just how long they have been languishing in the Commons. If the Government had been serious about passing this legislation quickly, they could have done so more than a year ago. I have lost count of the number of times that I have asked the Minister and other Ministers about the Government’s commitment to the Bill and when we would see it make progress. I was always strongly reassured, and I genuinely do not blame the Minister for that, but again it is deeply disappointing.

So, what reassurance can the Minister provide that every part of the Bill—I repeat: every part—will make it through this process, with government support, by the end of this Parliament? Can he provide a proposed timetable? Can he guarantee that no part of it will meet the same fate as the promised bans on fur and foie gras imports? Does he agree with Conservative Members in the other place? Conservative MP Tracey Crouch said it was “better than having nothing”, but added that there had been

“an unforgivable delay on the whole bill, which is completely unacceptable”.

Conservative MP Theresa Villiers said she felt

“a sense of frustration and disappointment”.

The Minister will know that I feel strongly that the Government have once again let down those who believe in progress on animal welfare. More than this, the reasons given for dropping the legislation are simply outrageous. To attempt to blame the Labour Party for a Conservative Government’s decision to drop legislation that had strong cross-party support, with no evidence whatever that

“Labour is clearly determined to play political games”,—[Official Report, Commons, 25/5/23; cols. 495-98.]

is an utterly feeble excuse.

I know that the Minister is personally committed to improving animal welfare standards, so I end by saying that it is a shame that he is not in charge, as I believe he would have more backbone on this issue than some of his colleagues in the other place. I look to him to ensure that progress is made.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I welcome the chance to comment on this Statement. The Government have been active on the animal welfare front and I commend their Action Plan for Animal Welfare. I have some questions for the Minister on progress on several fronts on this plan.

I was delighted when the Ivory Act was passed and disappointed that it took so long to implement. I am pleased that the measures in the Act are now extended to cover hippo, narwhal, killer and sperm whales and the walrus, all endangered species.

The animal health and welfare pathway covers farm animal welfare through welfare reviews with a vet of choice. We debated earlier this week the shortage of vets to conduct all the necessary government work. At that time, the Minister detailed the steps being taken to address the vet shortage. Is the Minister able to say whether there are particular geographical hotspots of vet shortage, or is the shortage spread across the country as a whole?

The Statement mentions the new Animal Sentience Committee, the creation of which was not universally welcomed in the other place or in this House. As the committee begins its work next month, is the Minister able to say whether it will be looking at forthcoming legislation across all departments of government, as originally intended, or will it be confined solely to Defra?

I understand the Government’s reasons for not pursuing the kept animals Bill, but I am, nevertheless, disappointed and concerned about certain aspects which the Bill would have covered. The Government appear to be relying quite heavily on Private Members’ Bills to implement strands of their manifesto. As we know, Private Members’ Bills often take a while to complete their passage and are some of the first to fall if there is pressure on official government business.

While I fully support the ban on trading in detached shark fins and banning the sale of glue traps, I am less enthusiastic about the ban on importing hunting trophies. While I think the hunting of large exotic animals for trophies is a revolting practice, there is another side to this. The hamlets and villages which live alongside these wild animals find it hard to make a living out of farming the land, which is often destroyed by marauding game. The expansion of their farming practices into the areas previously inhabited by wild game brings them into conflict with the animals. Villagers are dependent, in some areas, on the exploits of big game hunters for their income. Would not a better system, to prevent the destruction of certain species, be to introduce a quota system, such as used to exist in the USA? There, a hunter could have a licence once every five years to kill a single bear. When his turn came up, he had the year in which to be successful. If he was not, then his licence lapsed, and he had to wait another five years. I readily admit that I do not know if this system still exists in the US, but it did some years ago. I also accept that my comments will not be welcome to those taking part in the debate next Friday on this important issue, and I am not able to be present on Friday but feel both sides of the argument should be heard.

The Government have done much to prevent the export of live animals for fattening and slaughter since 2020, but this is a temporary measure. Can the Minister say when the UK legislation will become permanent and what, if any, barriers there are to this happening soon? There have been several statutory instruments concerning puppy smuggling and banning the importation of mutilated dogs. The Statement indicates that, instead of this being covered by the kept animals Bill and statutory instruments, this will be in a single-issue Bill. Can the Minister say when this might be brought forward—if not in this Session, then presumably in the next?

During the Covid lockdown, we saw a rise in pet ownership, which was coupled with a rise in pet abduction, possibly driven by the rise in the cost of acquiring a puppy or kitten. The Government are seeking, as they put it, to progress

“delivery of the new offence of pet abduction and new measures to tackle livestock worrying”.

I fully support this, but I wonder whether this will be through government legislation or another Private Member’s Bill—can the Minister comment?

Lastly, I want to turn to the issue of keeping primates as pets. This was to have been, for me anyway, a key element of the kept animals Bill. The Government are due to consult over the Summer Recess on the issue of standards for keeping these highly intelligent animals as pets. This gives the impression that it will be acceptable to keep primates as pets. The Statement also refers to secondary legislation as the vehicle for introducing this. If this is the case, which Act will the relevant SI sit under? I am opposed to the keeping of primates as pets and hope the Government will ban this instead of regulating it.

I congratulate the Government on the action they have taken, and intend to take in the future, on animal welfare, and fully support their actions. However, I feel a sense of disappointment that the kept animals Bill will not be the vehicle for achieving further improvement.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I am grateful for the contributions made by both Front-Bench spokesmen. We are a nation of animal lovers and that unites us across this House. Animal welfare has been a priority for this Government, and I say to the noble Baroness that she would be hard pushed to find any Government that have done more for animal welfare than we have. On farms, we have introduced new regulations for minimum standards for meat chickens. We have banned the use of conventional battery cages for laying hens. We made CCTV mandatory in slaughterhouses in England. For pets, microchipping became mandatory for dogs in 2015 and, as she is aware, we have just passed this measure for cats. We modernised our licensing system for activities such as dog breeding and pet sales. We have protected service animals via Finn’s law. We banned the commercial third-party sales of puppies and kittens. In 2019, our Wild Animals in Circuses Act became law, and we have led the world to implement humane trapping standards by banning glue traps. Some of these measures were Private Members’ Bills, but we worked with people in both Houses to make sure that these happened.

As the noble Baroness, Lady Bakewell, mentioned, the animal health and welfare pathway is seeing a real step up in the relationship between vets and farms, and the support we can give to farmers in this important priority for improving animal welfare standards. We had the Animal Welfare (Sentience) Act and the Animal Welfare (Sentencing) Act. Last month, we made cat-microchipping compulsory and, as the noble Baroness pointed out, we brought the Ivory Act into force last year, but we have extended it to cover five other species also.

The noble Baroness is being a bit harsh when she looks at the issue in the round because we have had a lot of success with single-issue animal welfare matters, and we are still committed to the measures in the Bill. With regards to the example raised by the noble Baroness, Lady Bakewell, about the ban on keeping primates as pets, this will be on the statute book before it would have been if we had taken this through as a multi-issue Bill, because we are able to do this through a statutory instrument. I cannot remember the piece of legislation that this will amend or add to, but it will be on the statute book.

We remain committed to banning the export of animals for slaughter and fattening. Noble Lords may be interested to know the number of animals that have been exported since we left the European Union is zero. It is an activity that, through economic circumstances and the availability of the necessary infrastructure, is just not happening, but that never stops the Government being determined to do this.

We have the trophy hunting Bill coming forward; I suggest that is when we will tease out some of the legitimate issues raised by the noble Baroness. On shark fins, we will support the ban. The low welfare issues abroad are certainly matters we can take forward.

On the issues raised by the noble Baroness, Lady Hayman, around foie gras, we are keeping to our manifesto commitment. We are looking at the measures that would be required to legislate. We have committed to building a clear evidence base to inform decisions on banning the import and sale of foie gras; we have been collecting evidence on the sector and will continue options in due course. We are committed to taking an evidence-based approach towards exploring potential action on fur. We have already held a call for evidence and are continuing to explore possible outcomes.

When the noble Baroness looks at every part of the Bill, she will see that nearly all of it will have the necessary parliamentary time. We may be able to find an alternative place to bring in other areas such as zoo standards, but there is more evidence to collect on that. I am working very closely with the Zoos Expert Committee to make sure that we are doing that.

In reply to the noble Baroness’s point about vets— I am sure this will be raised by others in this House quite shortly—there is a shortage of vets, certainly in government and the APHA. We are treating this situation very seriously and seeking to address it, and we are working with people such as the noble Lord, Lord Trees, to make sure that the new vet schools which have opened in recent years, which are extremely welcome, are training more vets who will remain in the United Kingdom and service us. There is a particular shortage of large animal vets, and we are working with the royal colleges to make sure that we are finding new ways to encourage people to go into that sector and looking at why there is a disinclination for certain people to go into that area.

I have already covered the point about primates as pets. As for the six measures in the manifesto, we will ban live exports, as I have said, and there will be measures on puppy smuggling and primates as pets. Livestock worrying and pet abduction were not in the manifesto, but we are doing work on those issues. I hope also to be able to do something on zoo licensing. In addition to the manifesto, we have supported the glue traps Act, which passed through your Lordships’ House. We brought in extra penalty notices and extra measures for animal cruelty, and increasing the penalties for hare-coursing has been extremely popular with people—as well as with hares. The people carrying out that activity— I speak with some experience on this matter—are not pleasant when they are confronted.

I hope I am able to convince both Front Benches that the kept animals Bill was designed to implement several of our ambitions, including manifesto commitments on banning the live export of animals, cracking down on puppy smuggling and banning the keeping of primates as pets. Its multi-issue nature means that there has been considerable scope-creep. The Bill risks being extended far beyond the original commitments in the manifesto and the action plan. The Bills and regulations that we have passed already demonstrate the enormous progress that can be made with single-issue legislation. Therefore, we have announced that we will take forward measures in the kept animals Bill individually during the remainder of this Parliament. We remain fully committed to delivering our manifesto commitments, and this approach is now the surest and quickest way of doing so.

Water: Wales and England

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 7th June 2023 Lords Chamber

[Lord Benyon (Con)]

There are plans for more reservoirs. A reservoir in East Anglia has increased in size and, I hope, we will very soon see plans being brought forward by Thames Water for a major reservoir that will resolve many of these issues. The reservoirs in London were closed because a ring main was created, which is sometimes quoted erroneously in this case.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, water is an essential resource, but we have seen it being polluted on a grand scale through legal sewage overflows. This week, we have also seen that the water network of Ukraine is vulnerable to catastrophic attack, causing great personal distress and huge environmental damage. The noble Lord, Lord Wigley, has highlighted the need to move water around the country, from areas of plenty to those suffering scarcity. Is the Minister confident that, nationwide, we have sufficient water resources to meet the current population’s demands?

[Lord Benyon (Con)]

If you draw a rough line from the Bristol Channel to the Wash, all that is north and west of it has a surfeit of water, but there are areas that are south and east of it where rainfall is often below that of some countries in sub-Saharan Africa. That is why our environment improvement plan sets a clear reduction of demand, halving leakage rates, developing new supplies, moving water to where it is needed and reducing the need for drought measures that can harm the environment.

Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 5th June 2023 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to my noble friend for giving us the opportunity to debate these regulations. I generally support them, but I have a couple of queries. One relates to the 38th report from the Secondary Legislation Scrutiny Committee, which refers to a submission from Green Alliance that questions how the offsetting set out in the regulations will work and how Defra will ensure that

“the ability to offset obligations will not create incentives for producers to recycle potentially reusable packaging before it reaches the end of its useful life, to avoid paying producer fees”.

It is important to point out that this is a very complex area of policy that the Government are trying to roll out.

I received a briefing from the Food and Drink Federation earlier this year on its concerns about extended producer responsibility, which forms the crux of these regulations and is explained in the impact assessment and the Explanatory Memorandum. The problem we face—as my noble friend is extremely well aware, having served, as I have, as an MP in the other place—is that every single local authority seems to have a different rule relating to how waste packaging is to be disposed of. There is then the problem of potential contamination, particularly if foodstuffs form part of the waste disposed of.

From the consumer point of view, it is a bit depressing to learn that, although hundreds of local councils collect household waste, each has different rules as to how it can be recycled, which bin to put it in and what consumers should do with their waste. Then they find that much of it is not recycled at all; it is incinerated. Years ago, when my noble friend and I served as shadow Ministers in the other place, I went on a visit to SELCHP—South East London Combined Heat and Power—which now is combined heat and power but at the time was not. It burned everything, but it did not do anything with the energy it could have recovered from the process. It was interesting to see that all the waste from Westminster at that time was not recycled; it was just burned.

The Food and Drink Federation has raised some very real questions, which I ask my noble friend to comment on in the context of extended producer responsibility. First, should we not have basic principles agreed at the outset by all concerned? That would include the producers of the packaging, the manufacturers of a product, the Government and the local authorities which are looking to recycle. Secondly, it asks: how should an extended producer responsibility be framed as it relates to local government, including the financing

“of potential stranded assets and management of existing local government contracts”?

How could those be managed as part of an agreed transition without hampering the development of what everyone wants to see: a long-term, world-class solution to enable the UK to reduce the cost and disruption of packaging?

Thirdly, the federation calls for “Partnership with industry” to bring about a producer-led extended producer responsibility that harnesses the considerable expertise arising from setting up these schemes all over the world. This would

“drive innovation and business growth while constraining costs”

that would otherwise

“lead to higher consumer prices”.

The example it gives is that of a biscuit wrapper, in which the flexible plastic used

“is specially designed to guarantee the freshness and quality of the biscuits in it. The companies that use this type of valuable, flexible plastic for biscuits and other food types need it back. But flexible plastics are neither collected nor recycled in the kerbside system today”.

Does my noble friend not agree that in a good end-to-end extended producer responsibility system,

“each biscuit wrapper thrown away should be collected and given a second life as part of a circular system, creating jobs and driving green growth along the way”?

That is my main concern, but the other concern the Food and Drink Federation has raised is the way in which the Government have created their producer-led scheme administrator. It seems to be different in this country from other models that have been used elsewhere. Why have the Government chosen the model that we have for extended producer responsibility?

While I support the regulations before us, there are obviously practical problems with the way they have been drafted. I think my noble friend said that these are amendments to previous regulations, which presumably came before the House as well. I realise that this is a complex area but it would be better, in one sense, to slow the process down and have regulations which are fit for purpose: for the consumer, so we know what we are doing when we dispose of the packaging; for the producer, so they know what they are doing when they create the packaging in the first place, and are held responsible for that packaging; and for the local authorities which collect and dispose of this packaging. I support the amendments but I would welcome my noble friend’s comments in this regard.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introductory remarks and welcome this SI, which is intended to reduce the amount of plastic packaging in circulation. This is long overdue and I look forward to seeing a lot less packaging from McDonalds, Kentucky Fried Chicken and other fast-food outlets littering our town centres and rural countryside.

The SI makes provision for the collection of data about plastic packaging ahead of the full implementation of the regulations in 2024. I will read out in full Paragraph 7.1 of the EM, because I will be referring to it later:

“Extended Producer Responsibility … for packaging will require producers to take responsibility for the environmental impact of the packaging they supply by obligating them to pay for the collection and disposal costs of this packaging when it becomes waste. This will provide a financial incentive for producers to reduce the amount of packaging they supply and to improve the recyclability of their packaging”.


Hooray—and not before time.

The regulations, and the need to collect and report the data on the plastic packaging used, apply to those businesses with an annual turnover of £2 million and above. But the de minimis threshold turnover is £1 million, at which level the data has to be collected but not reported. Can the Minister say why this is? What is the purpose of collecting the data if it does not have to be reported?

Defra conducted a consultation with industry on the implementation of these regulations twice: first, from February to May 2019, when there were 679 responses; and secondly, from March to June 2021, when there were 1,241 responses—nearly double that of the earlier consultation. The first consultation was a general one while the second was more detailed and outlined the proposals to require producers to report twice yearly in April and October, covering a six-month period; it could be that that detail is what generated the greater level of response.

Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 5th June 2023 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to my noble friend for presenting the regulations before us. First, can he explain when the last consultation was? He said that there had been a consultation in 2018. Paragraph 10.1 on page 4 of the Explanatory Memorandum refers to a consultation but seems to indicate that the last one was held in 2018, which is five years ago.

Secondly, these are huge increases. They are not 5% or 10%; we are looking at a 41% increase for the cost of animal by-products regulations, a 53% increase in the current fees of the animal health regulations, 65% for the animal health regulations relating to artificial breeding controls, and a more modest 21% increase for animal health regulations relating to the poultry health scheme. In the context of the general situation and the increases we have seen in public sector salaries, everyone balked at a 14% increase and 5% or 10% increases. I quite accept that, as my noble friend said, there has not been an increase since 2018, but these are huge increases. Can he put my mind at rest and say that there has been a more recent consultation with the industry, which is feeling fairly beleaguered?

Earlier, the noble Baroness, Lady Anderson of Stoke-on-Trent, referred to the cost of living crisis. What is becoming clear is that, while supermarket prices are going up, those increased costs are not being passed on to, for example, producers of meat and poultry. I am concerned. I realise that they are spread over two years but these are really big increases. If there has been a more recent consultation, I would be interested to know what the feedback from the industry has been in this regard.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to this important SI, which wraps two previous SIs up into one and deals mostly with the levying of fees.

The Explanatory Memorandum indicates that the fees will use the actual

“cost to the agency and are not uplifted using inflationary rates”,

and that “no profit element” is involved. The noble Baroness, Lady McIntosh of Pickering, has already said very eloquently what a large increase there has been in these fees. The fees also cover seven different service areas provided by the Animal and Plant Health Agency, APHA, which is an executive agency of Defra. The fees have not been updated for some time, as the Minister said, with Brexit and Covid somewhat dominating the agenda.

Paragraph 7.3 of the EM gives details of how the costs will be calculated and the fees collected by APHA, stressing again that inflation will not be considered. I wonder whether this is wise. If there is no allowance for inflation, how will the true costs be calculated and passed on to those involved? An annual review—if not uplift—in fees is generally accepted in all other areas of life, so why not here? The Treasury requires, quite reasonably, that true costs be recovered. If there is no annual review of these fees and inflation is not to be considered, it is not going to be very long before a full-scale review is needed again. I would be interested to hear the Minister’s comments.

Paragraph 7.9 of the EM, relating to border control posts, indicates that documentary and identification checks will be conducted by authorised vets

“to prevent the introduction of diseases harmful to animal and public health”.

This is especially important. However, we have had debates over the years, especially since the advent of Brexit, about the availability of adequately qualified vets to conduct this inspection work. This type of work is not high on British vets’ “must do” lists. It is nevertheless extremely important that these border checks be conducted and carried out thoroughly. Is the Minister confident that sufficient trained vets are available to implement the necessary checks?

I note that, in the instrument itself, there is a category on page 7 headed “Animals not covered by any other category”. Can the Minister say whether this includes Camelids—that is, llamas and alpacas? If not, where are they covered in the instrument?

Lastly, the uplift in fees will be implemented over a two-year period, as the Minister said, with some this year and the rest in 2024. The cost will fall on businesses, charities and voluntary bodies that have not had an uplift since 2019. It is to be hoped that they will be expecting this uplift. Whether they have looked at the fees listed in the APHA section of the Government’s website is another matter; I did not find my search of that website a terribly rewarding exercise. None the less, I am happy to support this SI.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I thank the Minister for his time today and for outlining the need for the changes laid out before us. This is a wide-ranging SI, increasing the fees charged by the Animal and Plant Health Agency for a range of services, from bovine semen controls to salmonella control programmes. While His Majesty’s Opposition of course support the enforcement of our agreed regulatory framework, I worry about steep and speedy increases in associated costs, as the noble Baronesses, Lady McIntosh and Lady Bakewell, have already referred to.

Woodland Cover Protection and Grey Squirrel Control

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 25th May 2023 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

I congratulate my noble friend Lord Redesdale on securing this debate and on his detailed introduction to it. I was fascinated by the idea of gene drive technology.

The promotion and protection of our native woodland cover is vital to maintain and improve the country’s biodiversity. In March 2022, the UK’s total woodland cover was estimated at 3.24 million hectares, which is 13% of the total UK land area. During 2021-22, 14,000 hectares of new woodland were created, but although woodland is gradually increasing, woodland wildlife is decreasing. The enthusiasm for planting fast-growing firs and pines as a cash crop has led to silent forests and woodland walkways. The loss of ancient trees has hastened the loss of wildlife that used to inhabit the woods. Existing native woodlands are isolated and in poor ecological condition. Disease is also a significant factor.

Non-native invasive trees and shrubs, such as rhododendron, have grown at a prolific rate, taking over the space that used to be inhabited by our native shrubs. The Minister will know that, as a member of the land use commission, I am in favour of a land use strategy, which would clearly delineate where it was important for native tree species to be protected and new saplings to be planted. We need a lot more tree cover, but it has to be the right trees in the right place.

Trees, however hardy, are under attack not just from disease and cash crops but from the other invasive species: the grey squirrel. Grey squirrels are an extremely successful invasive species, systematically destroying trees that were previously the home of the native red squirrel. Wherever the grey squirrel goes, it eventually reduces the number of red squirrels. There are several reasons for this. The grey is a carrier of squirrel pox, to which it has some immunity—not so the unlucky red squirrel. Squirrel pox is easily passed from the grey to the red, resulting in a reduction in numbers.

The grey squirrel is more successful in adapting to a changing habitat. Sitka spruce plantations are an unfavourable habitat for the red squirrel, which find that the areas where they can exist are diminishing. They are pushed into smaller areas of our countryside.

In 2014, the Government published a grey squirrel action plan, which has been referred to. This is now nearly 10 years old. Under the Countryside Stewardship scheme in this plan, landowners can be provided with financial support for controlling grey squirrels. There is apparently a new grey squirrel action plan, but it has yet to be published. Can the Minister say when this might happen?

On 24 March this year, the Parliamentary Under-Secretary of State at Defra said, in answer to a Written Question, that

“Defra has provided £300,000, to support research and development of fertility control methods to reduce numbers of grey squirrels”.

Can the Minister say whether this is effective? Many noble Lords have asked about this.

The UK Squirrel Accord—a partnership of over 40 organisations—seeks to secure and expand red squirrel populations through the red squirrel action plan. Let us hope that the two plans together will have the desired effect of reducing greys, increasing the number of reds and assisting damaged trees to recover.

Water Companies: Customer Bills

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 23rd May 2023 Lords Chamber

[Lord Benyon (Con)]

I do not agree that levelling up is a soundbite—it is really happening. I do agree that we need to make sure that we are supporting water companies and, through the regulator, making sure that they are taking a longer-term view on this. Each price round is five years, and the investment decisions we want them to take look way into the future, ahead of that. We want to make sure that we are working with the industry to create a long-term solution and that we are doing that with customers in mind. Some of the promises being bandied around about ending all sewage outflows by 2030, and those making them, really need to be challenged, because that will have a very big impact on households that are struggling to pay other bills at the moment.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the first three CEOs of water companies to waive this year’s bonus due to sewage pollution were from Yorkshire Water, South West Water and Thames Water, followed by those from Welsh Water and, lastly, Southern Water. The campaign waged both inside and outside this Chamber to influence water companies has begun to have an effect. Does the Minister believe that the measures which have recently been announced by water companies are sufficient to achieve the desired outcome?

[Lord Benyon (Con)]

The noble Baroness makes a good point, because the activities within Parliament and outside it on this issue have really struck home, and people are, rightly, demanding that we take into account the impact of development and growing populations on the health of our rivers. It is not just water companies; it is agriculture and the connections we all make from our sewers and septic tanks that are causing problems for our rivers. So she is absolutely right: we need to ensure that we are tackling those things, and it is right that the water companies are recognising that. Those four companies should be applauded for doing it, but we want to see much more investment from them, and that is what the Government are driving.

Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 22nd May 2023 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to my noble friend for presenting the regulations before us this afternoon and the opportunity to put one or two questions. He will recall the history of the attempt to frack—the use of hydraulic fracturing—in North Yorkshire, and that the one reason it was not allowed to happen was because no permit was given for the water supply and the reuse of water.

I am very grateful to the Secondary Legislation Scrutiny Committee for its 36th Report, which says that Defra has no intention of revisiting that issue. Can I press my noble friend the Minister to ensure that there will be no end to the current moratorium on hydraulic fracturing, or fracking, in any part of England, to the extent that it might fall within the regulations before us this afternoon? If there was to be an end to the moratorium, can he give us an undertaking that the Government—whichever department it happened to be, as departments come and go—would actually come before both Houses with revised permitting, with regard to fracking?

I now turn to the Explanatory Memorandum, starting with paragraph 7.16 onwards, relating to groundwater activities and the use of geothermal and other green technologies. Could my noble friend explain whether, if there is a significant risk of introducing microbial pollution, no permit would actually be issued in that regard, whether it is close to a sensitive habitat or not? That is just to understand what the purposes of the permitting are. I understand, in the second paragraph of 7.18, that it does look as though this is going to become a regulated activity, so I would just like to understand entirely what the remit of the department in relation to the regulations would be.

On paragraph 7.22, and an unauthorised illegal third-party discharge into a sewer network, could my noble friend highlight specifically what activity is in play there? Obviously, there is a situation where there is a heavy rainfall and sewage can flow on to a highway and then into someone’s house. I understand that highways authorities currently have no responsibility for any sewage overflow, or do not contribute in any way to reducing flood risk in this regard. Is that a loophole, if you like, that the Government would like to close? Obviously, it is unfortunate at the moment that there are not sufficient sustainable drains in place and that there is no end to the automatic right to connect, which may mean that sewage flowing as wastewater from a four- or five-bedroomed house which has been given planning permission can come into a combined sewer and unfortunately spill into houses, either directly into an existing development, or off a highway. So there does seem to be this loophole that highways authorities are not covered. Is that what my noble friend means by an unauthorised illegal third-party discharge? I am just trying to understand what paragraph 7.22 of the Explanatory Memorandum would cover.

With those few remarks, I otherwise welcome the regulations before us this afternoon.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introductory remarks to this SI. The Secondary Legislation Scrutiny Committee looked at this instrument in April and raised concerns about groundwater quality and sub-surface energy proposals. As a result, Defra revised the Explanatory Memorandum. Those amendments helped to clarify the instrument, but I have some comments and questions.

As the EM states, groundwater “plays a vital role” for food manufacturing, brewing, wetland ecosystems and the agriculture industry, to which the Minister referred in his opening remarks. The quality and purity of this water is vital to many of these, especially chalk streams, the protection of which was debated last week during the passage of the Levelling-up and Regeneration Bill. This instrument indicates that it will update and clarify the existing control measures within the EPR for protecting groundwater from site-based activities. Will this include the discharge of chicken slurry into the River Wye, for instance, or is this classified as not groundwater but surface water? Perhaps those are the same.

Land Use Commission

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 22nd May 2023 Lords Chamber

[Lord Benyon (Con)]

The right reverend Prelate raises a crucial point. We talk about farmers and land managers, but those descriptions are too simple and generic, because we have owner-occupiers, registered tenants under the 1986 Act, graziers and farm business tenancies; it is an incredibly complex system of tenure. We are considering the Rock report and will respond to it.

Of course, the Church is a very big landowner. We want to make sure that it works alongside a great many other landowners, both large and small, to tackle these important issues, including feeding the population; tackling net zero; reversing declines in species; building homes; and providing space for people—all on a single piece of real estate. This is a complicated process, but it is one that we are determined to tackle.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, as a member of the land use committee, I know just how many detailed evidence sessions and discussion there were on the proposals for a land use commission. As the noble Lord, Lord Cameron, indicated, the proposed commission is to cover all aspects of land use and more than one government department, not just Defra. However, there has been no indication of when this report will be allocated time for a debate in this Chamber. Can the Minister please put in a good word for it to be expedited before the Summer Recess?

[Lord Benyon (Con)]

I would love to spend hours talking about this issue; it is one of endless fascination. I have the zeal of the convert on this because I was always sceptical about what I felt was a very top-down process but, having read the report, I now see the need for it. That is why we are tackling the issue in a meaningful way right across government; if we can find time for a debate on the report, I am certain that I will be dragged in to give the Government’s view.