Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 8th September 2021 Lords Chamber

Moved by

[Baroness Bakewell of Hardington Mandeville]

33: Clause 51, page 31, line 6, at end insert “including fly-tipped items.”
Member’s explanatory statement
Farmers and landowners currently have to pay for the removal of all fly-tipping. This amendment is intended to extend the ‘polluter pays’ principle to fly-tipping.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, in speaking to this group of amendments in my name, I thank the noble Baroness, Lady Jones of Moulsecoomb, for adding her name to Amendments 33, 37 and 41. I will deal with the fly-tipping amendments first.

Fly tipping, and its effect on our environment, especially in rural areas, is a scourge, unsightly and extremely costly for landowners and farmers to remove. I am grateful to the Minister for his amendment to Schedule 10, but fear that it does not go far enough. Amendment 33 adds the words, “including fly-tipped items”; Amendment 37 adds the words:

“to remove all fly-tipping at the expense of the manufacturer or producer”.

Both amendments seek to ensure that the “polluter pays” principle applies to fly-tipped items. Amendment 39 allows farmers and landowners to install CCTV cameras where fly-tipping has occurred in the past. This very small suite of amendments allows the principle of the “polluter pays” to become a reality.

Currently, it is far too easy for those who have large, redundant items in their home or large amounts of green waste to fill up their trailers, cars or vans and travel around the country looking for some likely green lane, gateway or field in which to dump their waste. They do not wish to pay for legal disposal. The cost to the farmers and landowners is enormous, running into several thousands of pounds each year.

There are those who ditch ordinary household waste in the same way and pollute the countryside with what could be toxic chemicals. There are the professional criminals who cruise around villages and housing estates, spotting who is having a clear-out, and offer to take the waste away for a small fee. The householder jumps at the chance of not having to deal with the problem themselves and pays up, thinking that it is all sorted. These criminals then go on to a site which they have used before, often on many occasions, and dump the waste on the landowner and farmer’s land. The installation of CCTV at sites which are used more than once is essential to help farmers and landowners deal with this problem by identifying those responsible and bringing them to account.

The NFU is supportive of this group of amendments and hopes that offenders caught dumping waste illegally should see fines as a proper punishment, which will therefore act as a deterrent. Fly-tipping figures have increased to 1 million during lockdown and are likely to have risen as the country came out of lockdown. The eagle-eyed among you will note that I withdrew my amendment that asked the Government to recompense farmers and landowners for the costs of clearing up fly-tipping; this was a blatant attempt to make the amendment acceptable, at no cost to the Government. I hope that the Minister can accept these three amendments, which would benefit those who clear up the waste that others leave behind and allow for measures to ensure that the perpetrators are brought to justice.

Before I move on from this group, I refer to a small article in the Metro newspaper from 8 July, which I read on the tube. A farmer caught several fly-tippers in the act and

“blocked them in with a car, tractor and forklift truck”.

He was

“fed up with rubbish being left on his land, so set a trap”.

He said:

“‘Fly-tipping is regular here, so I parked the car across the gateway’ … One of the tippers threatened him, saying: ‘I’ll just smash my way out.’”


The farmer replied:

“‘That’s why I bought a £200 car.’ The dumpers left their truck at the scene and it was seized by the police who are investigating”.


I hope that a prosecution resulted from that incident.

Amendment 41 does not really fit with the other amendments, but in the interests of moving things along I agreed to group it with the others. This articulates an extremely important point of principle about compostable packaging. Big brands are expanding their use of these materials in the search for alternatives to plastics. Meanwhile, consumers seek out compostable packaging, with 83% of them saying in polling that they prefer it to traditional plastic. The question is how the materials are then composted. Food waste schemes provide the means for compostable materials to be disposed of safely and efficiently, but only if there is consistency across England, so that consumers know that these materials should go in their food waste bin.

The amendment refers to flexible materials, properly certified to internationally recognised standards. The items that we are really concerned with are films, which are very difficult to recycle. Indeed, the amount that is recycled remains stubbornly low, at only 6%, according to WRAP figures. In Committee, the Minister said to me:

“If a plastic is genuinely compostable and not going to break down into small particles of plastic that will do even more harm, including it in food waste to compost would make perfect sense. However, we are not there yet from a technological point of view. We certainly do not have the confidence to do that.”—[Official Report, 30/6/21; cols. 916-7.]


At that time, I asked the Minister for a meeting, to which he agreed. Despite pressing his private office to arrange this, there has been no offer of the promised meeting to discuss the straightforward difference of understanding between us on this issue. Evidence from the Association for Renewable Energy and Clean Technology, whose members include composting and AD plants, shows that 42 composting plants and some of the 90 AD plants treating food waste are currently able to accept and process compostable packaging. These plants would welcome a visit from the Minister.

The UK Plastics Pact sets a target to ensure that 70% of plastics are effectively recycled or composted by 2025. That cannot happen while a quarter of plastic packaging is flexible material but only a tiny fraction can be recycled, particularly where the film is very thin and where it is food-contaminated. Compostables must be part of the picture. In answering Amendment 41, would the Minister please agree to meet compostable film producers, as well as those composting them successfully, and to visit one of the sites where this is happening? If he is not satisfied with the current evidence, would he commission research, through Defra, to look at how bioplastics are processed in composting plants here in the UK? It cannot be right for these materials to be stripped out by processing plants and incinerated or sent to landfill. This is betraying the customer and the consumer. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is a pleasure to support the noble Baroness, Lady Bakewell of Hardington Mandeville. I apologise for not having signed the CCTV amendment; I did not spot it. Fly-tipping is something that I do not think any of us would support. Of course, it has inherent dangers, not only to the public but to wildlife in affected areas, especially if it contains toxic materials such as asbestos. There can be damage to watercourses and soil quality from the dumped waste.

Greenpeace has some quite interesting stuff on this. It has been checking areas and samples of materials resembling topsoil, covering large areas of the ground at sites where plastic waste has been burned because people do not know what to do with it, were found to be composed of shredded plastic and not earth at all. That then just gets washed out everywhere. We all know what microplastics are doing to our ecosystem.

I shall keep my remarks brief because we are all tired, but I point out that the Local Government Association is also urging people to dispose of their waste properly, which is fair enough, using the nearest household waste and recycling centre. It has worked tirelessly to keep these open during the pandemic. It also talks about wanting furniture and mattress companies, for example, to do more to offer take-back services to reduce the amount of waste produced. That is something we have not explored enough. In places such as Germany, they take back lots of packaging and so on, and they will take back items. We are very behind on that in this country.

Amendment 41, about plastic, deals with a very complex area. A lot of the plastics that are called biodegradable, disposable and so on are actually not. We have to be very sure: what we need are definitions of what “biodegradable” and “compostable” mean. We need plastic—so-called plastic or whatever it is—to be compostable in average situations; that is, in my compost heap and not necessarily under ideal temperature- controlled conditions. I would argue that these amendments are very valuable and give all sorts of good ideas to the Government. I hope they take them up.

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[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank all noble Lords for their contributions to this important debate and the noble Baroness, Lady Bakewell of Hardington Mandeville, for her amendments. I can only apologise that no meeting has taken place between her and the Minister; we have had a lot of meetings over the summer break, and it is a bit of a mystery to us as to why we have not followed up on this. We will investigate and a meeting will be expedited.

I begin by emphasising our commitment to tackling the crime of fly-tipping. We appreciate the difficulty and cost that fly-tipping poses to landowners. We expect all local authorities to exercise their power to investigate fly-tipping incidents on private land, prosecuting the fly-tippers and recovering clearance costs where possible.

Regarding Amendment 39, landowners are already permitted to install CCTV on their land. I am grateful to my noble friend the Duke of Montrose for his contribution. Defra chairs the National Fly-tipping Prevention Group, which has published advice for private landowners on dealing with fly-tipping. To reassure my noble friend, the NFU works very closely with Defra in this endeavour. It actually recommends that landowners consider installing CCTV to protect their property. Subject to data protection laws, landowners may also provide footage to law enforcement authorities to support prosecution cases.

The Environment Bill will give enforcing authorities more powers to tackle fly-tipping and other waste crime, including so-called Facebook fly-tippers operating from their homes. It also grants regulators additional charging powers that will enable them to raise extra funding to tackle waste crime and poor performance in the waste industry.

Turning to Amendments 33 and 37, extended producer responsibility clauses in the Bill already include provisions which could enable asking companies to take full responsibility for their products when they become waste, including when they have been unlawfully discarded. This can include the costs of removing littered or fly-tipped items, including from private land. Measures in the Bill on deposit return schemes will also allow the deposit management organisation to use money received under a scheme for the protection of the environment. This could include costs associated with the removal of littered or fly-tipped items. We have recently consulted on a deposit return scheme for drinks containers to help reduce littering and improve their recycling. While we are not currently considering introducing a deposit return scheme for other items, measures in the Bill will allow us to set up more deposit return schemes for other items, which could include those which are frequently tipped—for example, fridges and mattresses.

On Amendment 41, on compostable plastic, I sympathise with the concern of the noble Baroness. However, the infrastructure to process compostable plastic is not currently widespread enough to include these materials for collection with food waste. We just cannot be certain that compostable plastic can be treated at anaerobic digestion plants or composting facilities in a way that does not increase the plastic contamination in compost. However, I can confirm that the Minister would be delighted to meet representatives of one of these facilities in future. I should also reiterate that we can add compostables as a recycling stream on its own later, when we have the evidence. Evidence suggests that compostable and biodegradable plastics do not fully break down in the open environment and must be treated in industrial composting facilities to be broken down. There is also a lack of strong evidence that compostable plastics provide benefits to soils when successfully composted.

The noble Baroness, Lady Jones, is correct that at present there is no reasonable certainty over whether there are benefits to the final digestate—which I understand is a fertilizer—and compost products resulting from the inclusion of biodegradable and compostable plastic materials as feedstock. However, there are provisions in the Environment Bill to add additional waste streams, provided that they meet the conditions set out in the Bill and that we are clear on the environmental impacts. This will involve further necessary work to understand whether compostable packaging can meet the conditions set out in new subsection 45AZC(4). This must be met before further recyclable waste streams can be added for collection. We are currently analysing responses to our recycling consultation on reforms to recycling consistency, which sought views on the use of compostable caddy liners. I hope this reassures the noble Baroness of the Government’s intentions and I ask her to withdraw her amendment.

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank all noble Lords who have taken part in this debate. The noble Baroness, Lady Jones of Moulsecoomb, referred to local authorities urging householders to use household waste recycling centres, taking mattresses and other items there. That is really useful. The household waste recycling centre in our area is very well used. It has a camera feed on its website which shows what the queues are like, so that if you are at home and waiting to see what time to go in, you will usually find that you can get in between 5 pm and 6 pm without having to queue. Not enough people use those centres.

The noble Duke, the Duke of Montrose, spoke about movement-sensitive cameras. I am not convinced that they would be sufficient as evidence in court for a prosecution. However, the Minister said that Defra produces guidance for using CCTV in a way which would be sufficient evidence for a prosecution.

I welcome the deposit return schemes. I am very interested in their possibly including fridges, and they could probably be extended to washing machines, which often find their way into the countryside.

The noble Lord, Lord Khan of Burnley, referred to the petition which people have signed to say that they are outraged by fly-tipping. It is undoubtedly true that, as people walk or drive around their local areas, they are pretty disgusted by the amount of fly-tipped rubbish that has been left.

On compostable film, I am grateful to the Minister for the offer of a meeting and hope that this can now take place without delay. There is obviously some discrepancy between the information we have received from different sources, and it would be good to have it cleared up.

Having said that, I am satisfied with the response that I have received and am pleased to withdraw my amendment.

Amendment 33 withdrawn.

Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Report stage
Monday 6th September 2021 Lords Chamber

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I have not yet participated in the discussion of light pollution during the stages of this Bill. That is not due to idleness: it is because at the times the Committee or the House were discussing the light pollution issue, I was double-booked on the Charities Bill or the Dormant Assets Bill, in both of which I have a particular interest. That failure means that I should be very brief this afternoon, and indeed I will be. I add my support to the very important point made by my noble friend Lord Randall of Uxbridge and others, and will just make a comment about the all-pervasive nature of light pollution.

I have a house in Shropshire, on the Welsh border, well in the country, 500 feet up. If you go into my garden at night, the whole of the eastern horizon is suffused by the glow of the conurbation from Birmingham. If you swing your eyes round, you hit Kidderminster; south is Hereford; and even when you turn to the West—to Wales—there are frequent patches of light from small towns and villages. I hope, therefore, that the Minister will give due weight to the very important points made by people who are much more expert in this area than I am.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support the amendment in the name of the noble Lord, Lord Randall of Uxbridge, to which I have added my name. The noble Lord set out the case for this amendment previously in Committee and has reiterated his arguments this afternoon. I agree with him and the other speakers—the noble Baroness, Lady Jones of Moulsecoomb, the noble Lords, Lord Carrington and Lord Hodgson of Astley Abbotts, and the noble Viscount, Lord Trenchard. I declare my interest as a member of the APPG for Dark Skies and am lucky enough to live in a village with no street lighting. I appreciate, however, that street lighting is an issue that can divide communities. I agree with the noble Earl, Lord Devon, that light pollution is not as important as soil quality, but it nevertheless has a place in this Bill.

Street and security lighting, which are on throughout the night, can have a number of serious side effects. For plants, there is no real darkness in which to rest; nocturnal animals, birds and insects become confused, and this affects their well-being and, subsequently, their numbers. As has already been stated, moths, in particular, being attracted to light, struggle to maintain their normal life patterns. This is particularly damaging, as moths are essential pollinators, which is something we do not always recognise as happening at night. The lack of a plentiful supply of insects and moths has a knock-on effect on bats, for whom they are the main food source. Over recent years we have seen a steady decline in the number of bats. For us humans, exposure to excessive artificial light can lead to sleep deprivation, which affects our overall health and well-being, as was so eloquently demonstrated by the noble Lord, Lord Randall of Uxbridge.

A number of amendments will be debated over the next two weeks that seek to address climate change and redress the loss of biodiversity and species. Light pollution is undoubtedly contributing to this loss, and adding this amendment to the Bill would contribute towards halting and redressing it. The evidence is slim that switching off streetlights late at night causes a spike in crime. Security lights, which cause the greatest distress when excessive, should be focused on the ground, not pointing upwards towards the night sky.

There is also the effect on children’s development. The wonder of the stars at night is lost to millions of children who live in urban areas, where streetlights are never switched off at night. I am lucky enough that I can frequently go out and optimistically think that I can look for a UFO. I never see one, but I nevertheless look up into the dark sky.

The satellite illumination profile of our country shown on TV news programmes clearly demonstrates the level of light pollution over the whole country. There are very few dark sky areas. The exceptions tend to be the national parks, such as Exmoor, which has declared itself a dark sky area.

Light pollution may seem like a very minor issue for some people, but for me, it is absolutely vital that each one of us should be able, if we choose, to go outside at night and enjoy the night sky and the creatures that should, by right, be able to thrive in the darkness. I fully support the noble Lord, Lord Randall, and hope that the Minister will, on this occasion, have some encouraging words for us.

Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 6th September 2021 Lords Chamber

In conclusion, I am grateful to my noble friend the Minister for the progress that is at last being made on plastics with this Bill—and I think there are a lot of powers in the Bill—but I urge him to focus on the detail and actually to deliver. I thank the noble Baroness, Lady Jones of Whitchurch, for initiating this debate, but I believe that her objectives could be better met by other means.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, given the hour, I will try not to duplicate the contributions of others. I will speak to Amendment 8, which I have signed, and I support Amendments 10 and 36 in the names of the noble Baroness, Lady Jones of Whitchurch, and others. The noble Baroness introduced this important group of amendments with knowledge and passion. Others have also spoken with passion and repeated their comments from Committee.

Plastic pollution is all around us, yet we seem unable of our own free will to tackle its use, reduce its impact and move to alternatives. It is therefore imperative that we use the opportunity of the Environment Bill to take bold steps to legislate to ensure that plastic use and pollution are reduced as quickly and effectively as possible. It is, of course, true that not all single-use items are made of plastic. Other items have a limited use, and it is time to move away from a throw-away society. Plastic is the most invidious and long-lasting material, contaminating our countryside, waterways and seas. It kills our wildlife, which becomes entangled in its web, and poisons those animals and birds that unwittingly eat it.

A target for reducing the use of plastics must be set for December 2030. This target must be stringent to be effective. Vital to achieving reduction in the use of plastics is a properly thought-out plastics strategy. This should be laid before Parliament by March 2023. This is not an unreasonable target for completion. Plastic reduction was trailed in the 25-year environment plan, and much work has been done on this subject already.

I welcome the contribution from the noble Baroness, Lady McIntosh of Pickering, and agree that we should not be exporting our waste to other countries; I spoke to that in Committee. Microplastics are present in all areas of our life: our oceans, landscapes and mountains. All around us, microplastics are polluting our lives and wildlife. Plastic bottles and polystyrene packaging and food wrap, however well designed, are still causing pollution. Microplastics, which occur from plastics breaking down into tiny pieces, must be tackled. Legislation to ban microbeads in wash-off products was welcome, but this dealt with only 1% of plastic pollution, whereas beverage litter contributes to 33% and tyre dust to 18%. It is really time that we met this challenge head on and produced both targets for plastics reduction and a proper plastics strategy to ensure that this happens, with milestones to ensure that progress is being made.

The country as a whole is extremely concerned about the use of plastic and the pollution it produces, the effect it is having on our wildlife and the unsightly detritus around our countryside. Now is the time to show that the Government are taking this matter seriously. If the noble Baroness, Lady Jones of Whitchurch, presses the amendment to a vote, we on the Liberal Democrat Benches will be supporting her.

[Lord Goldsmith of Richmond Park (Con)]

I thank all noble Lords for their contributions to this important debate. The Government of course share the concerns of the noble Baroness, Lady Jones of Whitchurch, regarding plastic pollution, and we are already working hard to address this urgent issue. Building on the action taken to date on the most commonly littered items, we announced just a few weeks ago that we will carry out a consultation this autumn on banning single-use plastic plates, cutlery and polystyrene drinks containers. The noble Lord, Lord Blencathra, will be pleased with the last one, and I confirm that the answer to his question is yes: we already have the power to extend that ban to any items that cause environmental damage. I strongly agree with his condemnation of the foam used to protect televisions, sachets and all the rest of it. I hope that we will be able to go much further than we currently have.

The noble Viscount, Lord Trenchard, made the point about the carbon footprint of plastic versus the alternatives. He is right in some circumstances—a paper bag versus a plastic bag, for example—but it is not just about carbon, as a number of noble Lords have said. The damage that plastic does when it gets into the environment goes far beyond its carbon impact, as we saw in those extraordinary David Attenborough images.

Regarding Amendments 8, 10 and 36, tabled by the noble Baroness, Lady Jones of Whitchurch, the Government’s view is that publishing a separate plastics strategy and setting a plastics target in isolation from the wider waste agenda risks detracting from the action that we are taking now to achieve our overarching circular economy ambitions. It is worth emphasising that our profligate attitude to resources is doing immeasurable harm to the natural world, and not just our use of plastic. Extraction and processing of those resources in the round contributes to about half of the total global greenhouse gas emissions, as well as 90% of biodiversity loss. And the problem is growing. Globally, we extract three times the amount of resources from nature as we did in 1970, and that figure is set to double again within a generation unless we change course.

The Government are committed to reviewing the resources and waste strategy every five years, and this provides an opportunity to set out further detail on our approach to tackling plastic pollution within our transition to a circular economy. The Bill already requires the Government to set and achieve at least one long-term target on resource efficiency and waste reduction, and we intend to set a target to reduce consumption of all materials, including plastic. In addition, the Government are already exploring packaging recycling targets, under the proposals for extended producer responsibility for packaging. We have made progress to increase reuse and recycling and combat unnecessary single-use plastics. The Government introduced bans on plastic straws, stirrers and cotton buds last year, and I have already outlined our next steps to build on that. Following the success of the carrier bag charge in reducing consumption of single-use carrier bags by 95% in the main supermarkets by 2020, the Government have increased and extended it to all retailers in May this year.

In addition, this Bill includes a number of measures targeting all stages of a product’s lifecycle, which will enable the Government to further tackle plastics and plastic waste as well as drive toward a more circular economy. These measures include powers to enable us to apply extended producer responsibility across a wide range of material and product streams, introduce deposit return schemes and establish greater consistency in the recycling system—a point made by my noble friend Lady Neville-Rolfe. The Bill will also allow us to place charges on single-use plastic items, set minimum resource efficiency and information requirements for products, and ban the export of plastic waste to non-OECD countries.

In response to a comment made by the noble Baroness, Lady Jones of Moulsecoomb, local authorities have always been, and will always be, under pressure, but we have committed that any additional cost incurred as a consequence of this Bill will be covered by central government.

On the international front, we are very much engaged in trying to encourage other countries to tackle their waste problems. We set up the Commonwealth Clean Oceans Alliance, and well over half of Commonwealth members have signed up and committed to it. Many of them have already introduced legislation to reduce single-use plastics. We are one of the leading countries calling for an international plastics treaty—a sort of Kyoto agreement for plastic—and we are very active members and funders of the Global Ghost Gear Initiative. More than half of the waste in our oceans is actually ghost gear, abandoned fishing gear, as opposed to plastic bags and the like. We are doing a great deal internationally. We can and should do more, but we are objectively world leaders in relation to the international campaign.

This Bill provides a robust approach for ambitious targets and takes action to achieve them. The amendments are therefore worthy but unnecessary. I hope the examples that I have put forward reassure the noble Baroness that we are very much on the case in tackling single-use plastic as well as plastic more broadly, and I beg that she withdraws her amendment.

Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage
Wednesday 14th July 2021 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I rise to speak to this amendment in the names of the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Kerslake. This is because I agree with them that it is important that local authorities are prepared to deliver the many new duties provided for in this Bill; they will, of course, be key to its success. I am always pleased to follow the energetic noble Baroness, Lady Bennett, but more particularly to have my first opportunity to welcome the noble Lord, Lord Khan of Burnley, who is adding a great deal to our proceedings, especially in his knowledge of how things actually work in local government.

The proposers of this amendment appear to want to see a review, three months after the Bill’s passage, of the funding and staffing required and of how additional costs should be covered. I am afraid that I am more impatient; I would like to hear now from my noble friend the Minister how the burdens on local authorities will be dealt with. Will it be through the rate support grant? Will special funding be provided from the Defra budget, and will it be ring-fenced, as my noble friend Lady McIntosh of Pickering asked? Does he have a feel for the total likely to be needed, in terms of hundreds of millions of pounds?

Improving skills is probably more important to productivity growth than any other investment we can make. There is already a skills and staffing gap in local government, partly because of the needs of environmental measures in planning and building, at which the Built Environment Committee, on which I sit, is already looking. The Bill will make that gap a great deal bigger.

The noble Lord, Lord Khan, mentioned ecologists and recycling but there is, of course, a broader challenge. Competition for talent, from Natural England and others, as the noble Baroness, Lady Quin, said, is also likely to cause problems. What is the plan for gearing up the skills we need in local government in preparation for their new duties? Also to return to an earlier theme of mine, how will this be communicated?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Neville-Rolfe. I declare my interest as a vice-president of the LGA.

Whether local authorities were likely to be prepared for the implications of this Bill for their operations was discussed briefly on Monday evening, when the noble Lord, Lord Kerslake, opened a long debate which featured mainly the need for more trees. Although the debate was long and extensive, I fear that the issue of whether local authorities were likely to be properly resourced to carry out their functions as described in the Bill was somewhat lost in the debate about trees and tree planting, vital though that was. The amendment in the name of the noble Baroness, Lady Jones of Whitchurch, and co-signed by the noble Lord, now stands alone and we have an opportunity to debate to what extent local authorities can fulfil the expectations that the Bill places on them. The noble Baroness, Lady Neville-Rolfe, asked exactly how the money will be provided and just how much will be required. These are vital questions.

The last 16 months have not been great for local authorities. Their councillors have been meeting for the most part remotely, and this has meant that the public have not had the same access to their decision-making as previously. Their staff have been redeployed to other tasks: in some cases, it was making up food parcels for families and children; in others, it was helping to staff vaccination centres and adjoining car parks. Others were ensuring that the homeless were removed from the streets to places where there was shelter and they were safe from Covid. The noble Baroness, Lady McIntosh of Pickering, congratulated local authorities on the excellent work they do. I echo that.

Now that councils are beginning to return to some form of “normal” working, whatever normal is for each council, the Environment Bill, long trailed and expected, is about to pass into law with requirements for local authorities to step up to the mark. They are, of course, willing to do this, as reinforced by the noble Baroness, Lady Quin. It is their ethos that public service should come first. However, a lot is expected of them.

Local authorities are expected to create local nature strategies. Due to previous funding cuts, it is estimated that only one in four currently has access to an in-house ecologist, as raised by the noble Lord, Lord Khan. If those ecologists are spread evenly around the country, those without may be able to buy into the expertise of their neighbours. But such even distribution is rare, and it is likely that some areas of the country will have no access to an in-house ecologist. I can see a burgeoning market here for budding ecology entrepreneurs.

The Environmental Audit Committee’s recent report, Biodiversity in the UK: Bloom or Bust?, indicated that a lack of funding along with a shortage of ecologists meant that some authorities would struggle to produce their biodiversity net gain and local nature recovery strategies, as the noble Lord, Lord Khan, indicated. Similarly, on the changing rules around waste measures, many authorities do not currently have separated recyclable waste collections. Others may have it in place but are seeking to widen the variety of items collected, and this will place added burdens on already stretched budgets. The noble Baroness, Lady Quin, raised the issue of long-term waste collection contracts.

As the Minister will know, the minimisation of waste is very dear to my heart. Local authorities which collect all their recyclables together are likely to be those that bundle all their plastics together and despatch them to what they believe are licensed disposal plants. As debated earlier, this is often not the case. I have spoken at waste conferences on the need to have a single-pass vehicle that collects the majority of recyclables—plastic, glass, paper, cardboard, aluminium cans—which the householder will have separated and put out in different containers for collection. This has not always been welcome, as the cost of changing collection vehicles is often prohibitive. The public want to play their part and local authorities want to play their part, but adequate funding for them to be able to make the change is vital for success. Those authorities which have been collecting separated waste for some years are in a much better position to ensure that each item of waste is recycled appropriately or disposed of safely and to maximum benefit.

All this requires funding, as the noble Earl, Lord Dundee, made clear, and the noble Baroness, Lady Bennett of Manor Castle, raised possible local authority bankruptcies. The noble Lord, Lord Khan of Burnley, has given an excellent exposé of just what the impact could be for hard-pressed local authorities. I fully support his bid to ensure that the Government properly assess the effect of the measures in the Bill on both the staffing and the financial resources of local authorities at this critical moment. We all want the measures in the Bill to succeed, but this will not happen unless sufficient funding is provided. I know the Minister is keen for the Bill to be a success, and I look forward to his positive response to this amendment, which supports local authorities to play their part.

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[Baroness Neville-Rolfe (Con)]

My Lords, this amendment from the noble Lord, Lord Whitty, for whom I have a great deal of respect, is about the REACH directive, which brings us back to the vexed issue of Brexit and how we take things forward independently. This is a part of the Bill—especially the wide enabling provisions for regulation tucked away in Schedule 20—that really shocked me. On this occasion, I do not agree with most of the noble Lord’s amendment.

My criticism is not to do with animal welfare and testing, which was dealt with at an earlier sitting. My concern is that the REACH directive—short for the grand-sounding registration, evaluation, authorisation and restriction of chemicals—has had a damaging effect on our industrial base since its implementation in June 2007. The directive has had a burdensome impact on most companies, including the most responsible. It applies to all chemical substances, not only those used in industrial processes, but also to those used in our day-to-day lives, such as cleaning products, paints, clothes, furniture and electrical appliances. If you handle any chemicals in your industrial or professional capacity, you may have responsibilities. REACH is compliance heavy and has made many UK companies operate in very different way. Again, the Roman system of law prevails over a more objective-based common-law approach. We have apparently had that in spades with the dual system that has been adopted since Brexit, described by the noble Lord, Lord Whitty.

I remember visiting an excellent small paint company in the Midlands, serving the advanced engineering industry, when I was a Minister. They were tearing their hair out over rules that were slowly bankrupting them, partly because of the heavy-handed way in which the big multinationals they supplied were loading all these new EU costs and responsibilities on to them. I raised their concerns with Defra, but to no avail. The attitude that the environment must take precedence over every other concern lives on, and that is unbalanced. Companies established outside the EU have not been bound by the obligations of REACH, even when exporting to the EU. Registration and everything else is the responsibility of the importer, and that makes life easier for third-country competitors. That sort of unfair, burdensome regulation helped to fuel Brexit.

What amazes me is that, now that we have left the EU, I have heard nothing about steps to help our industrial sector on this sort of detailed regulation; indeed, very much the reverse, as today’s debate suggests. Will the Government agree to a business-led review of REACH with a view to using the new powers to improve productivity and competitiveness without, of course, undermining essential environmental safeguards? Although we come at this from a different direction, this might actually appeal to the noble Lord, Lord Whitty, because it could be a constructive way of getting rid of the problem that we have. The grace-period provisions in REACH that the Minister alluded to on 28 June are not enough and are probably no good to the innovators and new entrants that we need in our engineering industries. The Minister might become very popular with small businesses in the Midlands and, indeed, in the red-wall industrial areas, if she agreed to a new post-Brexit review of this burdensome regime and how we can make it better.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to be taking part in this debate. I congratulate the noble Lord, Lord Whitty, on his knowledgeable introduction to this amendment, which seeks to provide safeguards for the vital REACH section of the Environment Bill. Many of his comments will be reinforced by my contribution.

During the run-up to Brexit, my noble friend Lord Fox and I had a meeting down at Marsham Street with the then Minister, the noble Lord, Lord Gardiner of Kimble, and Defra officials on the implications for the UK of not transferring the REACH regulations from EU to UK law. We were assured by officials that a better regime covering Great Britain—excluding Northern Ireland, which would remain within EU REACH—would be established. I regret to say that we were not convinced, and I am still not convinced. This landmark Bill gives the Secretary of State the power to alter the UK REACH system. This could cause deregulation and instability. Despite reassurances that the UK would not diverge from EU protections just for the sake of it, divergence looks set to widen over time.

The noble Lord, Lord Whitty, has already referred to that fact. During the debate on the use of pesticides, reference was made to the mixture of different chemicals and the cumulative effect that these have, which far outweighs the damage that the individual chemicals do on their own. The EU chemicals strategy has powers to restrict the cocktail effect, in order to reduce the exposure to endocrine-disrupting chemicals. Can the Minister assure us that the Secretary of State is not likely to relax the UK REACH standards, which could enable exposure to this risk?

Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage
Monday 12th July 2021 Lords Chamber

It is worth bearing in mind that, within national parks, a great deal of the landscape that is cherished and valued, and the ecological richness often associated with it, is fashioned by hundreds of years of land management, not least farming and animal husbandry. Does the Minister agree that reciprocity in the recognition of various local authority and other statutory functions, as between national park authorities and others having various statutory functions, continues to pertain? More particularly, where there are differences, how best might these be mediated and settled? Secondly, on the question of economic and social interest, does she agree that Section 37 of the Countryside Act 1968, as amended, still applies and should be respected? Following this last, what does she feel will be the long-term consequences of inadequately taking these factors into account?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to speak in support of Amendment 251A in the name of the noble Baroness, Lady Jones of Whitchurch, to support the protection of our national parks.

National parks are havens for birds, animals, fish and humans seeking respite from the cares of daily life. They exist all over the world, from Chile up through North America and across Europe. We are exceptionally lucky to have a wide variety of national parks sprinkled across the whole country, from Cornwall to Wales and up to the Cairngorms in Scotland. Each has its own individuality and beauty, sometimes gentle but often rugged and wild. The noble Baroness, Lady McIntosh of Pickering, mentioned their role in tourism.

These national parks are currently protected by the National Parks and Access to the Countryside Act 1949, but this should not allow us to take them for granted. Amendment 251A inserts a new clause into the Bill to provide some protection for the parks when public authorities are making decisions which could affect neighbouring national parks. The duties under the 1949 Act are supported by guidance from Defra, but this guidance is out of date and was last updated in 2005—it is not available on the Natural England website and refers to the now extinct regional development agencies and government regional offices. The current duty provides a backstop when conflict arises between competing interests. However, national parks see this as a last resort.

The noble Baroness, Lady Jones of Whitchurch, laid out the reasons why the duty should be strengthened and gave excellent examples of lack of forethought on the part of public bodies. National parks have management plans; these should be promoted with public bodies, which should have due regard to them. The protected characteristics of national parks should be preserved and public bodies should have regard to both the characteristics and management plans, but this is very weak in terms of compliance and protection.

I fear I will go off on a tangent for a moment. During the passage of the ill-fated Housing and Planning Bill, there was discussion about affordable housing for those working in the parks and young people. This was in reference to Exmoor National Park, which the noble Earl, Lord Lytton, referred to. There were agricultural workers, farmhands, firefighters and other essential workers who worked in the park but could not afford to live there. The noble and right reverend Lord, Lord Harries of Pentregarth, referred to the pressure for housing but suggested that it should be on the edge of the parks. While protecting national parks, I urge them all to have provision for affordable homes included in their management plans to enable those working in them—those who would like to—to be able to live nearer to their place of work. Unnecessary travel adds to climate change and pollution. Living close to your place of work on a national park means you may be able to cycle or walk to work.

The noble Baroness, Lady Bennett of Manor Castle, supported the argument that the current protection measures are not strong enough, and I agree with her. This amendment gives reassurance and provides the mechanism for local authorities and other public bodies—such as the MoD, which operates on Dartmoor and on the borders of other national parks—to take account of how their actions may affect the park, access to it and those living or working in or visiting the park in future. It should be remembered that people live in the parks. National parks should not be wrapped in cotton wool as anachronistic relics. They should be assisted to be fit for purpose today but protected from harmful developments. I fully support this important amendment.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I welcome Amendment 251A from the noble Baroness, Lady Jones of Whitchurch, and the contributions of all those who spoke about the importance of our national parks, on which I think we are all agreed. From the meres and hills of the Lake District to the chalk of the South Downs—and a lot of Wales, I must add—they are some of our most valuable landscapes.

That is why the Government commissioned the independent Landscapes Review, which set out a compelling vision for more beautiful, more biodiverse and more accessible national parks and areas of outstanding natural beauty. The panel’s report recommended strengthening the duty on public bodies to have regard to the purposes of the national parks and to support implementation of management plans. This would have a very similar effect to the proposed amendment from the noble Baroness.

In a Written Ministerial Statement of 24 June, the Government committed to address the review’s recommendations in full and consult on draft proposals later this year. Those draft proposals will address this recommendation. This has been an unprecedented year for the country, so work since the review was published has indeed been delayed, but the Government are working very closely with partners on their response to it. We have committed to address its recommendations in full and to consult on draft proposals later this year. I am of course very happy to meet the noble Baroness, Lady Jones of Whitchurch, as part of the consultation, or we can discuss it earlier if that would be helpful.

The Government support the intention of the noble Baroness to ensure that our public bodies work together more effectively in our national parks. We all agree there has been a problem here. We are currently working closely with partners, including the national park authorities, to consider how best to achieve that aim through our response to the review. However, we cannot accept this amendment, as it is important to work with our partners and consult on any such changes before changing the law, particularly to understand potential implications for those public bodies likely to be affected. The Landscapes Review found strong evidence that public bodies are failing to have adequate regard to the statutory purposes of the national parks. It also found that the effectiveness of the management plans is limited by poor implementation by local partners, including public bodies. The Government take this finding seriously and are working with partners to consider carefully how to address it.

A number of noble Lords raised the question of infrastructure plans in the national parks. The 2010 National Parks Circular and the National Planning Policy Framework are very clear that national parks, the Broads and areas of outstanding natural beauty are not appropriate locations for major development. I will look into the specific cases that they raised and provide more detail on those if appropriate.

I also assure the Committee that, since the Glover review was published, the Government have been supporting important work in our protected landscapes through our nature for climate fund and green recovery challenge fund to restore nature, tackle climate change and connect communities with the natural environment. The Government have also recently announced their new farming in protected landscapes programme, which will provide additional investment to allow farmers and other land managers to work in partnership with our national park authorities to deliver bigger and better outcomes for the environment, communities and places.

My noble friend Lady McIntosh asked a number of questions, particularly on ELMS. This funding will help to drive forward delivery of the Landscapes Review on people, access, nature and job creation, responding to the public appetite from Covid-19 for better access to nature. Specifically, the fund should help to support delivery of the Landscapes Review recommendations on connecting more people to protected landscapes, delivering the new environmental land management schemes, increasing the diversity of visitors through tourism, creating landscapes which cater for health and well-being, expanding volunteers and rangers and providing better information and signs. Specifically, this funding will help farmers to shift towards delivering environmental benefits which, in the future, could be supported by environmental land management, particularly the components that support local nature and landscape recovery.

I thank the noble Earl, Lord Lytton, for his contribution. Sadly, I have not been able to receive divine intervention quite in time to respond to his specific questions, particularly about earlier legislation, but I will write to him and put a copy in the Library. I hope that I have now provided assurance to the noble Baroness that we share her aims for national parks: we just need a bit more time to work with public bodies, including national parks themselves, to get this right. I therefore hope she will agree to withdraw her amendment.

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In his response to this debate, will the Minister confirm that he and his department are aware of the importance of arboriculturists, particularly the Arboricultural Association and the experience it can bring to the table? Will he include it in the consultation and the implementation of the tree strategy?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this varied group had attracted some 25 speakers, but some have withdrawn due to the timing. The main debate has been about trees, not some of the other amendments.

The noble Lord, Lord Kerslake, set out extremely well the reasons for Amendments 257E and 257F and the dramatic effect that the guidance that the Secretary of State provides could have on the local authorities. It is therefore not only advisable but imperative that local authorities are consulted on the likely impact on their activities and service delivery. We have all heard of the outrage in Sheffield over the felling of trees without consultation. Local authorities need the power to act to prevent the spread of disease in trees, but local people should be consulted and understand the reasons for local authority actions.

The noble Baroness, Lady Young of Old Scone, introduced Amendment 258 on the protection of ancient woodland, Amendment 259 on introducing biodiversity standards when planting trees, and Amendment 260 on the duty to prepare a tree strategy for England. She is extremely knowledgeable on the subject of woodlands and trees, and we support her amendments. Other Peers also spoke in favour of these three amendments to protect and expand the planting of trees. We support placing ancient woodland on the same basis as SSSIs, but on an individual basis. Some 1,200 ancient woodlands are on the at-risk register and in need of protection, so something has to be done.

Importing trees runs the risk of introducing pests and diseases into our already depleted woodlands. Growing our own trees has been discussed previously during the round of statutory instruments introduced to assist our passage from the EU. Growing our own is one way to limit the damage from pests. The noble Lord, Lord Blencathra, has supported this.

The noble Earl, Lord Kinnoull, introduced Amendment 260A on the risks that deer and grey squirrels present to newly planted and already established trees. The majority of speakers supported the amendment. Grey squirrels in particular are typical of a non-native invasive species that has been imported from abroad, and they have decimated our own red squirrel population almost to the point of extinction. Red squirrels are beginning to make a comeback in selected protected environments—the Isle of Wight and Brownsea Island are two such—but there is a long way to go for them to reach the numbers seen in previous decades.

Deforestation has decreased overall tree cover over the decades to an appallingly low level of 13%. The damage caused by grey squirrels is enormous. The UK Squirrel Accord is working to tackle the problem, but the motorway and railway agencies are not complying. Could the Minister encourage them to comply? Unless a robust standard is set for the protection of newly planted trees from animal damage, I fear the Government are not likely to see many of the trees they plants reach maturity.

The noble Lord, Lord Lucas, has lost 60% of his replanted ancient woodland to grey squirrel damage, and my noble friend Lord Teverson has championed biodiversity, the protection of trees and increased planting. Only 7% of our landscape is covered with trees, and only 2% is ancient woodland. A tree strategy and action plan to protect and invest in trees, based on science, is essential.

Amendment 283, in the names of the noble Baronesses, Lady Jones of Whitchurch, Lady Jones of Moulsecoomb, and Lady Bennett of Manor Castle, and my noble friend Lord Teverson would ban the rotational burning of vegetation on upland peat moors. I have listened to the arguments that this will protect the peat, but I am not convinced. In March, we debated the effect of wildfires on peat moors, as the noble Duke, the Duke of Wellington, reminded us. There are frequent wildfires on Bodmin, Dartmoor and Exmoor peat moors. Some are accidental; some are set deliberately. Wildfires are not confined to the West Country; the upland moors also suffer from them.

The managed burning of a heather moor is carried out under controlled conditions and by a patch at a time. It is a cool burn, and the underlying peat does not ignite. This is not the case with wildfires, which can rage out of control for days, with the underlying peat catching fire and spreading underground over significant distances, causing considerable damage.

Managed burning is better than out-of-control wildfires—a view supported by the noble Earl, Lord Devon. The Government have trailed their peat strategy, which is due to be published this year. However, it is a long time coming. I would rather see amendments to the way we produce and use our peat, both commercially and on uplands, dealt with under this strategy and not piecemeal, as with this amendment.

Peat takes hundreds of years to form but can be depleted very quickly. My husband recently went to the local garden centre to buy compost. He asked the owner which were the peat-free bags—there was only one variety. He stood next to a woman who was instructing her husband to buy several bags of compost with the words, “Make sure it has a very high peat content”.

The message about the finite quantity of peat is not getting through. Can the Minister say when the peat strategy for the country will be published? It will affect not only the upland peat bogs but the lowland peat moors, which are currently being exploited under licence for the benefit of the English country garden. I urge the Minister to consider Amendment 283, along with the peat strategy, when that eventually appears.

Peatland restoration is taking place in a variety of types of peatland. Restoration on the levels referred to by my noble friend Lord Teverson is very impressive: it has created new habitats and restored the water levels. On the next moor, however, peat is still being extracted. I look forward to the Minister’s response to the many and varied arguments put forward in this very long debate.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lord, Lord Kerslake, for moving his amendments, which now seems quite a long time ago. But I am sure he has listened with interest to the rest of the debate.

I am speaking in support of the amendments in the name of my noble friend Lady Young of Old Scone, to which I have added my name, and to my Amendment 283 on the prohibition on burning peat. I am grateful to the noble Baronesses, Lady Jones of Moulsecoomb and Lady Bennett, and the noble Lord, Lord Teverson, for adding their names.

My noble friend Lady Young has made an excellent case for the need for a tree strategy to be included in the Bill. It is interesting that the only mention of trees in the Bill is about felling rather than planting trees. Obviously, the Government’s announcement of the England tree action plan is welcome, as is the commitment to treble woodland creation rates to meet a target of planting 30,000 hectares per year by the end of this Parliament. But I echo my noble friend’s concern that the plan lacks the clarity and targets needed to ensure an effective implementation. As noble Lords will be all too aware, government targets for tree planting have come and gone before and, at last count, we were still way behind the Government’s earlier target to plant 11 million trees.

Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage
Wednesday 7th July 2021 Lords Chamber

[Baroness Young of Old Scone (Lab) [V]]

My Lords, wastewater infrastructure in England is a bit of a mess, as many noble Lords have said. I remember that when I came down from Scotland to live in England 40 years ago, I was amazed because in Scotland surface water and foul water were strictly separated. Discovering with horror that the casual intermingling of surface water drainage and sewerage systems was almost the rote in England—a curious mix of some legal stuff and some illegal arrangements—just staggered me.

We have not made much progress in those 40 years. There has been insufficient investment in drainage and sewerage infrastructure, and Ofwat does not always take the consequent environmental problems seriously enough in its price determinations. I welcome the requirement in the Bill for sewerage undertakers to prepare and, hopefully, implement drainage and sewage management plans, but I support Amendment 162A, tabled by the noble Lord, Lord Cameron of Dillington. It would give these plans an environmental objective, which, hopefully, would encourage Ofwat to agree more investment for environmental purposes.

Amendment 164 in the name of the noble Lord, Lord Bradshaw, would end the automatic right to connect, and it has been supported by a number of noble Lords. Water companies need to be able to say no to connecting developments where sewerage systems are already overloaded. The amendment would also kick-start discussions well in advance to ensure that adequate sewage treatment could be provided in appropriate time, at the point where developments can be flexible, and prevent future environmental damage. Amendment 192, in the name of the noble Baroness, Lady McIntosh of Pickering, would have a similar effect, although in the more restricted ambit of major new housing developments.

I am reminded of a dreadful face-off that had to take place between the Environment Agency and the developers of Corby when I was the agency’s chief executive. My noble friend Lord Rooker, who I am deeply grateful is not in his place, was Minister at the time and very keen on the redevelopment of Corby in the interest of jobs. Frankly, he beat me up severely to try to persuade the Environment Agency to provide the necessary licences for that development. Corby was going to increase in size massively but was perched on the top of a tiny, failing Victorian sewerage system that simply would not have coped. The face-off went on for months but eventually resulted in funds being found to improve the sewerage system. The development went ahead, but I must admit that I only ever enter Corby incognito since they appear to have quite long memories in those parts.

I have a particular question for the Minister. On the implementation of drainage and sewage management plans, what assurances can he give that the successive water price rounds, as determined by Ofwat, will provide the right level of funding for drainage and sewage management plans over a reasonably short space of time? Price rounds come round only periodically, and stretching that over several cycles would mean that we were still waiting a very long time for the improvement to our sewerage and drainage systems that needs to be delivered.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this is an important group of amendments dealing with the improvement of drainage and sewerage systems, and it raises similar issues to the previous group that we debated on Monday evening. I have added my name to Amendments 162 and 163, tabled by the noble Duke, the Duke of Wellington, and also signed by the noble Baroness, Lady Altmann.

At Second Reading we heard from various noble Lords across the Chamber about the devastating effect that the discharge of untreated sewage is having on our rivers, waterways and coastal waters. Amendments 162 and 163 seek to ensure that sewage treatment plants are improved and that there is separation of surface water drainage systems and sewerage systems, an issue that the noble Baroness, Lady Young of Old Scone, has just raised.

Water companies must ensure that they are operating within the law, and their priority should be to ensure that no foul water is discharged into rivers and waterways. That must take precedence over shareholder dividends. Apologies to any Members here today who hold shares in the water companies, but cleaning up the state of our waterways has to move higher up the agenda. The noble Duke has also referred to a deferral of dividends.

Water companies have management plans, and it is time that the safe and effective treatment of sewage had equal status with drinking-water quality. The rest of the world, especially the USA, thinks of our country as a green and pleasant land with flowing gentle rivers and streams, when the reality is very different, with raw sewage and waste floating in our rivers and clogging up our streams.

Ofwat has a role to play here, alongside the Treasury and the Secretary of State, in imposing a legal duty on the water companies to clean up their act. The noble Lord, Lord Cameron of Dillington, has spoken about the new drainage and sewage management plans. He encourages sewerage authorities to look positively to nature-based solutions instead of using SUDS. Nature-based solutions must be designed before development begins. The noble Lord also gave graphic details of rubber particles and road oils, which often run off our roads and end up in our rivers. Sewage treatment works are not capable of dealing with these pollutants, so yet another toxic substance enters our waterways.

My noble friend Lord Teverson has spoken of the need for all new buildings to be fitted with greywater systems. This is a far better use of water and reduces the actual demand for freshwater. I too remember the BREEAM standards for all new buildings, promoted by Jonathon Porritt when we were both on the South West of England Regional Development Agency many years ago.

Water is a finite resource and we should reuse it where possible. The housing shortage is acute but so is the need to increase the quality of our rivers and waterways. Conserving and reusing water is all part of ensuring that the country meets its targets on all fronts. The noble Lord, Lord Berkeley, has spoken eloquently about blue-green flood risk management, the collection of rainwater and preventing it from entering the sewerage system.

We all realise that the water authorities are under pressure, but it is time the capacity issue of clean water and sewage disposal was tackled in a cohesive and overarching way. It cannot be acceptable for raw sewage to be discharged into rivers, often where children will swim and play in the summer holidays. If there is insufficient capacity at treatment plants then it is time for infrastructure investment. The Government want to build more much-needed housing. If investment is made in water treatment and sewage disposal then there should be no block on housing development.

The noble Baroness, Lady McIntosh of Pickering, has also spoken about the capacity of water treatment plants and the connection of new housing estates. The noble Baroness is correct to identify that there should be a legal obligation to respond for statutory consultees on major new housing developments. They cannot later then say that they do not have the capacity to cope. They must flag this at the start of the process and work with local authorities to ensure that no housing development takes place where the result will be raw sewage discharged into waterways.

The noble Lord, Lord Lucas, has supported ending the automatic right of connection to the sewerage system, and developers should take more responsibility for their actions. The noble Earl, Lord Caithness, has spoken about the need for resilience in our water management. The noble Baroness, Lady Jones of Moulsecoomb, has spoken about the using rainwater instead of fresh water.

I look forward to the Minister’s response to this group of amendments, the subject matter of which has been raised several times during our deliberations on this Environment Bill. It is time that we resolved it.

[Baroness Hayman of Ullock (Lab)]

My Lords, noble Lords have made some important contributions in this debate. I would like to start by thanking the noble Duke, the Duke of Wellington, for his clear and helpful introduction on Monday evening to his Amendments 162 and 163. As we heard from the noble Duke, these two amendments would embed within drainage and sewerage management plans the requirement to continually improve the sewerage system and reduce the harm caused by wastewater management.

The noble Duke also talked about the importance of improving systems annually, while recognising that the upgrades needed to our drainage and sewerage systems constitute a serious level of investment. As the noble Baroness, Lady Bakewell of Hardington Mandeville, has just said, both the Treasury and Ofwat will have an important role to pay, but as the noble Duke, the Duke of Wellington, rightly pointed out, this will be a green investment, with an immediate benefit for the environment and for all wildlife. My noble friend Lady Young of Old Scone mentioned the lack of investment over many years; I thought her example of the difference she noticed between England and Scotland when she moved here was really quite striking.

Amendments 162A and 163A in the name of the noble Lord, Lord Cameron of Dillington, consider the importance of the new drainage and sewerage management plans to deliver environmental benefits. The noble Lord referred to the dramatic rise in planned housing provision—other noble Lords have mentioned this—and to how important it is that drainage and sewerage plans actually work. His amendment is designed to work not only for customers but for the environment. As he said in his introduction, nature-based solutions should be a compulsory part of the planning system.

Amendment 164, in the name of the noble Lord, Lord Bradshaw, would end the automatic right to connect, enabling water companies to decline new connections to the sewerage system where this would cause environmental harm. His introduction, and the wider debate, have shown support for resolving this situation.

In the previous group, on Monday, we debated the Government’s new Amendment 165, on storm overflows. As we heard, this followed the huge support for the proposals contained within Philip Dunne’s Sewage (Inland Waters) Bill in the other place. This is welcome, yet, as my noble friend Lady Jones of Whitchurch laid out, government Amendment 165 falls far short of the ambition of the Private Member’s Bill, which is why the amendments we are debating in this group are necessary and why we support them.

We strongly support putting drainage and wastewater management plans on to a statutory footing. However, within the Bill, we have two particular concerns. First, the Bill confusingly refers to

“Drainage and sewerage management plans”,

despite Defra and the industry jointly working on “drainage and wastewater management plans” for many years, and companies already publishing plans with that name. We do not consider this to be a minor point, because the terms “sewerage” and “wastewater” are not interchangeable; “sewerage” has a narrower meaning that excludes many sources of contamination that enters rivers. If drainage plans are to be successful, all areas of contamination must be included.

--- Later in debate ---

Finally, while I am talking about positive things—I like to focus on the positives, at least some of the time—I cannot conclude without mentioning the growing understanding of the positive impacts of beavers. There was an excellent study a year ago by a team of scientists, led by Professor Richard Brazier from the University of Exeter, which was specifically on the beavers that mysteriously arrived on the River Otter. The beavers had huge positive benefits for eco-tourism and ecosystem services, including flood alleviation. The beavers are slowing the flow of floodwater, reducing peak flows during flood events. What we are doing here—and must do much more—is to allow nature to fix what we have broken. That is why this is so crucial in the Environment Bill; the law must be framed explicitly to allow this to happen.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords I have put my name to this amendment in the names of the noble Baronesses, Lady Jones of Whitchurch and Lady Hayman of Ullock. The noble Baroness, Lady Hayman, has comprehensively introduced this amendment. I have added my name as someone who was once leader of a council, which had and still has large areas of flooding on a regular basis. In some cases, the same land and businesses were flooded year after year.

I will not rehearse the details of the flooding during the winter of 2014, but I mention that, after action was taken by the Government and Environment Agency, major works took place in an attempt to prevent flooding of such a serious nature in future. This is welcome, but is of little comfort to those who lost everything from flooding in the first place.

Flooding from rising water is devastating. It can be immediate, with a town or village and properties being submerged in a matter of minutes from catastrophic water flow from continuous rainfall and run-off from higher ground. It can also be slow and insidious, as in the case where rainfall has swollen the local rivers, and householders and the Environment Agency watch the rising water with trepidation, knowing that at some stage the banks will be breached, the muddy waters will engulf their homes, the sewers will overflow and drinking water will be contaminated. We have all seen the television coverage of such incidents, but we may not have experienced the smell, nor had to wade through the slime covering the floor of our lounge or kitchen.

The noble Baroness, Lady Hayman of Ullock, asked why flooding does not have greater prominence in the Bill and I share her concerns. The noble Baroness, Lady McIntosh, spoke of the hazards of developments on flood plains which, if built since 2009, are not covered by insurance. The noble Baroness, Lady Bennett of Manor Castle, also raised the dangers of building on flood plains. It is time that developers in this process provide their own insurance to those living in homes that they have built on flood plains. The noble Baroness, Lady Bennett, also gave some excellent examples of flood protection measures, including beavers—some have been introduced into Cornwall.

The amendment is extensive. Flood risk reports are important. The areas liable to flood are well documented and it is now possible to assess the number of people and households at risk from flooding and to take action to mitigate the risk, thereby reversing the possibility of flooding. The Committee on Climate Change, the Environment Agency, local drainage boards and others on the ground in an area should be consulted to share their first-hand knowledge with the Secretary of State in preparing flood risk reports.

The Government must take action, as this matter is very serious, and so bring some reassurance to flood risk areas that they are not forgotten and that measures are being taken to help protect them. Catchment plans are a vital tool in flood prevention measures, which are needed to protect people.

I fully support this amendment and look forward to a favourable response from the Minister on this critical issue.

[Lord Goldsmith of Richmond Park (Con)]

My Lords, flooding incidents have an utterly devastating impact on communities. I thank the noble Baroness, Lady Jones of Whitchurch, for raising this important issue in her Amendment 194AA and I thank the noble Baroness, Lady Hayman, for her thoughtful introduction.

The Government are committed to ensuring that our country is resilient and prepared for the challenges that a changing climate brings, including flooding and coastal erosion. The Government are taking a holistic and wide-ranging approach to flood risk, including through, for example, the England tree strategy, which will have a direct impact on flood prevention if trees are planted in the right place or if land is allowed to naturally regenerate in a way that slows the flow of surface water and increases the ability of land to absorb water. Likewise, our peat action plan will be crucial in reducing flood risk and showing that communities downstream of restored peatland are better protected and that, again, the land’s ability to hold water is improved.

I know that the noble Baroness, Lady Hayman, will agree that nature-based solutions can play a vital role in meeting flood resilience objectives in addition to so many other objectives in the Government’s 25-year environment plan at the same time. I want to thank the noble Baroness, Lady Bennett, for the examples she gave. I very much share her enthusiasm about the introduction of beavers, which has had the most extraordinary impact already.

The combination of green, blue and traditional grey infrastructure, which we discussed in detail earlier, will minimise the number of households at risk of flooding. The Bill takes important steps to help achieve this. It amends the Land Drainage Act 1991 to make it easier to make new internal drainage boards, which play a key role in managing water levels, reducing flood risks, supporting local growth, and protecting critical infrastructure in urban and rural areas.

Furthermore, by placing a statutory duty on sewerage companies to produce drainage and sewerage management plans, we are addressing long-term drainage planning and capacity, which helps to address sewer and surface water flooding. Section 13(1) of the Flood and Water Management Act 2010 already requires risk management authorities, including sewerage companies, to co-operate with other risk management authorities such as the Environment Agency and lead local flood authorities. But we will also make secondary legislation to ensure that the preparation of a drainage and sewerage management plan is captured as a flood risk management function to ensure that the new plans form part of a holistic response to flood risk.

I should be clear that the Bill has not been designed with the sole intention of addressing new flood risk legislation. The Flood and Water Management Act 2010, for instance, sets out the legislative requirements for flood risk management. It includes a duty on the Environment Agency to produce a report in relation to flood and coastal erosion risk management under Section 18. The Environment Agency report on flood and coastal erosion risk management is published every year and includes information on flood risk and progress to tackle that risk.

The Government are also taking ambitious non-legislative action to address flood risk. I mentioned the tree plan and the peat plan earlier, but we are also investing a record £5.2 billion to build 2,000 new flood defences over the next six years. This will better protect 336,000 properties from flooding and coastal erosion. In addition, the Government are investing a further £170 million to accelerate the building of 22 flood schemes across the country.

Alongside this, a further £200 million is being invested in the flood and coastal resilience innovation programme, which is helping over 25 local areas to take forward wider innovative actions that improve their resilience to flooding and coastal erosion. Pioneering projects, led by local authorities and delivered over the next six years, include apps which alert residents to flooding, permeable road surfaces to improve drainage and schemes to protect vital sand dune beaches.

Last July, the Government also published a policy statement setting out the Government’s long-term ambition to create a nation more resilient to future flood and coastal risk. This aims to reduce the risk of harm to people, the environment and the economy, and aims to ensure that our country is better protected and better prepared to reduce the likelihood and impacts of flooding and coastal erosion. It was informed by advice from the National Infrastructure Commission and the Committee on Climate Change.

The Government also have a statutory duty to respond to the Committee on Climate Change’s annual progress reports. The most recent report by the committee, published on 24 June, acknowledges that the government’s policy statement provides

“the required policy basis for increasing the level of ambition in tackling flood risk.”

The policy statement includes five policies and over 40 supporting actions which will accelerate progress to better protect and prepare the country against flooding and coastal erosion. Alongside the record investment I mentioned earlier, we are strengthening the reporting of progress towards the Government’s goals by spring 2022 so that it is clearer and more accessible.

The Government are also developing a national set of indicators to monitor trends over time to better understand the impact of policies. Indicators and reporting will include the local picture, providing the information needed to further drive progress at a local level and recognising the different challenges faced in different areas.

I hope this has reassured the noble Baroness and other noble Lords who have spoken passionately about this issue that the Government share their concerns, and that we are already taking significant steps to deliver on our plan for greater resilience to flooding. I respectfully ask that she withdraw her amendment.

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[Baroness Young of Old Scone (Lab) [V]]

My Lords, I speak to Amendment 253, in the name of the noble Lord, Lord Lucas. I used to hate the EU forms’ DoC requirements and regarded them as one of the more pernickety impacts of EU membership, which is quite a thing for someone who is very anti-Brexit. However, they were vital to deal with issues such as the mule pits that used to be a horror on the edge of most Spanish villages, where you could go and fling your donkey when it died. They were probably a bit overengineered for the UK, but across Europe these regulations had a big impact on big scavenging birds such as kites and vultures.

We can tell from Shakespeare that it is not new for hygiene and biodiversity to come into conflict. In Shakespeare’s time, kites lurked on street corners in London picking up carrion and rubbish. I would quite like to see kites back on every street corner in London, but I do not think I will ever see that in my time.

I support the modest amendment by the noble Lord, Lord Lucas, which would mean that dead farm animals could be left uncollected in rewilding areas to allow necrophagous—don’t you just love that word?—bird populations to take their proper place in these naturally rewilding ecosystems.

It has been a long day today on the Environment Bill so I would like to introduce a more frivolous moment into the Committee. If I had my way, I would like to see this provision of letting stock lie where they die extended to all upland areas, not just rewilding areas. I have always fancied a sky burial, where I could be useful food to some of these necrophagous birds, including even corvids, though I would prefer a more magnificent kite to clean my bones. Who knows? In spite of there being no fossil record of vultures in the UK, climate change might well mean that the UK could become suitable, in climatic terms, for vultures. They are already moving north in France. However, that would need a sufficient supply of carrion to be left lying around. I am sure the Minister would agree that being picked clean by a vulture would be really something, but that is probably a bird too far so I will restrain myself and simply support the noble Lord’s Amendment 253.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am not sure I can follow that.

I believe the noble Lord, Lord Lucas, has laid out the case extremely well for all three of his amendments in this small group. Amendment 205A would give power to relevant civil society organisations attempting to regenerate populations of extinct insects and other animals, especially those that may have had a regional presence. This is a very worthy aim and one that I support. However, I urge caution over the reintroduction of some insects that, when they were alive, had an adverse impact on the countryside, wildlife or humans. I am sure the noble Lord does not wish to reintroduce an insect that was a persistent pest and had no useful purpose.

Amendment 253 relates to allowing fallen stock to remain on land for the consumption of flesh-eating birds and insects—noble Lords will note that I have gone for the easy pronunciation here. I support this with the proviso that the fallen stock has not died from a disease that might spread to other stock or to humans; we need to be careful about that. To ensure the survival of many insects and birds, it is really important that they have something to feed on. Fallen stock and, indeed, fallen trees should be left not only to feed birds and insects but to provide essential nutrients to the soil. I have read Isabella Tree’s book on rewilding and she makes a very powerful case for letting things be. In the past, if an oak tree was in danger of falling or was rotten at its core, the answer was to fell it and take away the remains. It is now recognised as far better for it and for other dead trees to be left for beetles, insects and fungi to feed on. That increases our much-depleted biodiversity.

Amendment 257D relates to the captive breeding of wild animals and their subsequent release back into their natural environment. We have seen beavers returned to the wild in Cornwall and Devon and Scottish wildcats bred in captivity now living in a safe reserve in the Highlands. I support these programmes but accept that they are not always universally welcomed. There has been discussion and nervousness about the possible release of wolves into Scotland. I accept that care will need to be taken over just what is released and where, but captive breeding programmes have helped many animals and birds. Ospreys and sea eagles—magnificent birds—are making a significant return, the latter right across the country from Scotland down to the Isle of Wight. If you are lucky enough to see one soaring overhead or diving down to catch prey out of the water, it is a sight that you will never forget.

The noble Baroness, Lady Bennett of Manor Castle, has spoken about conserving pine martens, red squirrels and butterflies, and reminded us that our biodiversity is in a very poor state—one of the worst in Europe. The noble Baroness, Lady Young of Old Scone, has spoken about donkey cemeteries and the time when kites scavenged on the streets of London, and reminded us of the role of vultures. I think it was the bird sort that she was referring to.

This is a niche group of amendments but one that deserves to be taken seriously. I hope the Minister will agree.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the noble Lord, Lord Lucas, for enabling us to have this interesting debate. He is rightly challenging us to think through what steps are necessary in practical terms to reverse the declining biodiversity, to which we all aspire. One way would be to let nature take its course, with all the stops and starts that would entail. Another way is to give nature a bit of a helping hand, which is really what he is proposing. He is rightly challenging us to be more ambitious about this, so I am interested in his suggestion about accelerated breeding programmes.

Of course, this is already happening in a controlled way in some circumstances, as the noble Baroness, Lady Bennett, mentioned in the previous debate. We all welcome the programmes of beavers being released into the wild, which brings with it the added benefit that they are happily engaged in building dams, which slow the river flows. She has again mentioned a number of precious species today, including red squirrels and pine martens, with actions being taken to reintroduce them, all of which is very welcome.

Some other animals might not be so welcome, particularly to adjoining farming communities where livestock might be at risk, so I caution that this needs to be done with care and expertise. Rewilding takes time, otherwise there is a danger that introducing one new species could have an adverse effect on other species that are already established.

Similarly, the noble Lord, Lord Lucas, raises a very interesting point about animal carcasses in rewilding projects being allowed to remain on the land—again, effectively letting nature take its course. As the noble Baroness, Lady Boycott, pointed out in an earlier debate, vultures have played an important role in clearing carcasses in parts of Africa and Asia. We have also heard again today from my noble friend Lady Young of Old Scone about mule pits in Spain and indeed the kites scavenging in old London. It is a very vivid image.

Of course, death is not pretty and this would not be, but we would only be applying the same principles that already occur for smaller mammals. Dying animals may well prefer to be left with their herd to die, rather than being culled or taken elsewhere to die or indeed to be slaughtered. On the other hand, this would need to be managed carefully. It cannot be a substitute for taking care of the stock, and we certainly would not want it to be used as a money-saving exercise. Nevertheless, as the noble Lord points out, this is what a true rewilding exercise would really entail. I therefore welcome his contribution and look forward to the Minister’s take on the issues raised.

Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage
Monday 5th July 2021 Lords Chamber

Moved by

[Baroness Bakewell of Hardington Mandeville]

148A: Clause 61, page 51, line 37, leave out “may” and insert “must”
Member’s explanatory statement
These amendments seek to strengthen Clause 61 of the Bill to mandate a total ban on the export of plastics.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, in moving Amendment 148A, I will speak to Amendments 148B and 148C, for which the rationale is self-explanatory, and try not to get cross. In essence, the case behind the amendments is that we in the UK should be self-sufficient when it comes to waste. There was a great deal of publicity around China refusing to take our plastic rubbish but very little around the destinations the Government found to replace shipments to China: Turkey, Malaysia and Poland. There has been much talk in recent years of ours being a nation that can stand on its own feet. That being the case, there is no excuse for us to send waste for processing—certainly not to the poorest countries of the world, and not to our neighbours, partners and friends in Europe either.

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[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I, like many of your Lordships, find the news reports showing plastic waste from the UK being dumped and burned abroad very disturbing. It is illegal activity and we are working hard with partners abroad to find a resolution. As outlined in our manifesto, the Government are fully committed to banning the export of plastic waste to non-OECD countries, using the powers in the Environment Bill.

The noble Baroness, Lady Bakewell of Hardington Mandeville, brought up the Greenpeace campaign, which claimed that all UK plastic waste is exported to be dumped and burned overseas. That is false. It is illegal to export waste from the UK to be burned or dumped overseas. Any UK operators found to be illegally exporting waste can face a two-year jail term and an unlimited fine.

Waste exports need to be made in accordance with the legislation, which implements our obligations under the Basel convention and the OECD decision on waste, and we have a system of inspections in place to verify compliance. Over the last 12 months, monitoring by the Environment Agency has had a particular focus on preventing illegal plastic waste exports. In 2020, the Environment Agency prevented the illegal export of 46 shipping containers of plastic waste to Turkey, and this year it has already prevented the illegal export of 122 containers of plastic waste to Turkey.

Defra officials and the UK waste shipment regulators have been liaising with the Turkish authorities to forge better working relationships. The Environment Agency has developed a good relationship with the Turkish Ministry of Environment, which has expressed its thanks for the UK’s collaborative approach in preventing illegal exports of waste to Turkey.

My noble friend Lady McIntosh of Pickering mentioned ghost ships. I reiterate that ships which reach the end of their lives must be recycled in accordance with the relevant legislation. As with any waste that is exported from the UK, it is illegal to export waste for disposal except in exceptional cases.

A number of noble Lords mentioned capacity, including my noble friend Lady McIntosh of Pickering, the noble Lord, Lord Khan, and the noble Baroness, Lady Bakewell of Hardington Mandeville. Certainly, implementing a ban on exports of plastic waste to non-OECD countries will have wide-ranging effects on local authorities, our domestic waste infrastructure and businesses. It is important that delivering the manifesto commitment does not result in unintended consequences such as plastic waste being diverted from recycling operations to landfill or incineration. Defra has commissioned research looking at the available reprocessing capacity in the UK and the OECD, which will inform policy development ahead of a consultation in 2022. However, I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, for her amendments.

Clause 61 provides full powers to update our existing regulations on waste shipments as necessary, now that we have left the EU, including prohibiting the import and export of waste to any country in the world, so we could, for example, put Turkey on that list. Although the intention behind the noble Baroness’s amendment is welcome, unfortunately it would narrow the available power’s effect so that it could be used only very strictly to make regulations connected with prohibiting waste imports and exports. That could preclude us from making additional reforms that I know the noble Baroness would welcome: for example, to update reporting and monitoring requirements in connection with the regulation of waste imports and exports in future. It is appropriate to provide the Government with flexibility in this case as to when and how such provisions and regulations are made. This will ensure that regulations can be updated and revised as needed to crack down on the harmful export of polluting plastic waste to developing countries.

A number of noble Lords raised the question of the incineration of plastic waste. In particular, my noble friend Lady McIntosh of Pickering mentioned an innovative scheme from, I think, the University of York. A number of small firms are evaluating myriad scientific methods of reusing and recycling all forms of plastic, in particular those that cannot be got rid of in any other way. They include one which breaks down the plastic in question’s relevant chemical components, which then can be made into an oil that can be used to provide power. The noble Baroness, Lady Jones of Moulsecoomb, will be reassured that these are not processed for incineration. I do not have enough lines to satisfy the noble Baroness on the question of general incineration, so I commit to write to the House about other ways in which we can prevent plastics ending up being incinerated.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to all noble Lords who have taken part in this short debate and to the Minister for her response. I am aware that it is illegal to export waste for it to be dumped; nevertheless, that is what is happening. I am aware too that the Local Government Association does not support this amendment as it believes that the cost of dealing with plastic waste will fall on local authorities, at a time when their budgets are under severe strain. I sympathise with that viewpoint. However, as I have said, I do not believe that householders who are taking the trouble to separate their waste for it to be recycled understand that their plastic waste is being sent to countries where it is not being treated in an approved manner. More investment is needed in infrastructure. The noble Baroness, Lady McIntosh of Pickering, mentioned in-house recycling plants. I have also visited such plants and know how effective they can be. In some cases they can convert waste to energy, which is very useful.

I am grateful for the support of the noble Baroness, Lady Jones of Moulsecoomb, and the noble Baroness, Lady Boycott. Deposit return schemes are an important part of the answer but the Government need to be proactive on their behalf. There are many instances where each one of us can take steps to reduce the amount of plastic we buy and use, and publicity will be key to ensuring that this is a success. I regret that neither the LGA nor the Government are taking reducing the production and use of plastic seriously enough, and I may return to this issue on Report. However, for the moment, I beg leave to withdraw my amendment.

Amendment 148A withdrawn.

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[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am happy to speak in favour of this small but very important group of amendments. I have added my name to Amendment 149, in the name of the noble Baroness, Lady Boycott. With so many families and individuals struggling to find enough money to feed themselves, we should do all we can to prevent food waste.

The noble Baroness, Lady Boycott, who is an expert on avoiding food waste, has spoken passionately on this issue. Proposed new subsection (2) of the amendment gives a short list of actions that food retailers must take to prevent food waste. Proposed new subsection (2)(b) ensures that where food is fit for human consumption, it goes either to food banks or for further processing. The noble Baroness, Lady Jones of Moulsecoomb, spoke passionately about that and I completely agree with her.

As we approach the end of the school term and the beginning of the long six-week summer holidays, many families will be very concerned about how they will feed their children from the end of July until the beginning of the new school term in September. This is a time when food banks are likely to see an increase in the number of people using their facilities. Redundant food from supermarkets and food retailers has a role to play here, and food waste indeed has a value and should not go to landfill. The noble Lord, Lord Blencathra, quite rightly raised the issue of uneaten roast chicken being made into tomorrow’s soup or curry. That is what happens in our household; however, it cannot happen for homeless people who are accommodated in bed and breakfast facilities, where they have no access to cooking facilities. They are dependent on food banks and other feeding stations not to starve.

Proposed new subsections (3) to (11) give the criteria for how the Secretary of State will prevent food waste, the consultation and the need to report to Parliament on just how much food is being wasted. The public have got behind the campaign to prevent food waste and will be lobbying their MPs to ensure that they support it. Reporting to Parliament is the way in which MPs can reassure their constituents that everything is being done to prevent food waste and ensure that those living in poverty, who are hungry, are able to take advantage of excess food production. Proposed new subsections (10) to (12) give realistic targets for reducing food waste and ensuring a public campaign on the effects of food waste on climate change and biodiversity loss.

The noble Earl, Lord Caithness, in Amendment 149A, ensures that the supermarkets and food producers neither order nor produce more food than is needed. I agree that this amendment should be in the Bill. These businesses have been in operation for many years and, by now, should be aware of just how many items of a particular sort they are likely to sell and how many crops will need to be grown to meet demand. They cannot, of course, be expected to know whether a particular item is going to feature on a television cookery show, which will cause a spike in demand but, with that excluded, the science of supply and demand is well known to both producers and retailers. Ensuring that this is calculated and measured is key to preventing food waste.

At a time when not only in GB are people living in food poverty and going hungry, but large areas of Africa and other continents are suffering devastating loss of crops due to climate change and the aftermath of war, it is simply unacceptable for this country, one of the richest in the world, to be producing food to be wasted. I agree with the comments of the noble Baroness, Lady Boycott, fully support this group of amendments and look forward to the Minister’s response.

[Baroness Hayman of Ullock (Lab)]

I commend the noble Baroness, Lady Boycott, and the noble Earl, Lord Caithness, for bringing forward these amendments, which we strongly support. They both made important points in the introduction to their amendments, and I thank them for that.

In recent years, there has been a lot of discussion, both in politics and the media, about food waste. Some countries have already made laws to try to reduce food waste. In France, supermarkets are not allowed to waste their food; they have to give it, for free, to homeless people. France consistently tops the world rankings for its lack of food waste because of this, and Germany now has similar laws on food waste, so I strongly urge the Minister to follow in their footsteps and take note of these amendments.

Globally, food waste is estimated to cost £2.9 trillion a year. That is enough food to feed every hungry person in the world twice over, yet food insecurity and hunger still exist in both developing and developed countries. The noble Baroness, Lady Bakewell of Hardington Mandeville, talked about the problem of school holidays for children who are dependent on free school meals and issues with crop failure in the developing world.

WRAP estimates there is the potential to redistribute a further 190,000 tonnes of surplus food from the retail and food manufacturing sectors. Some of the surplus is difficult to make use of; it could be costly, in that it would need to be reworked or repackaged, and some surplus would not be edible. But WRAP still estimates that around 100,000 tonnes are both accessible and edible. For example, the noble Lord, Lord Blencathra, mentioned food that is rejected—perhaps it is misshapen. It is a nonsense that we throw away perfectly good food.

It is clear that we are not adequately distributing the food we produce. It is also clear that the environmental costs in water, energy and space to grow food that is not eaten is more than our environment can take. When food waste ends up in landfill, even though it will decompose, it contributes to increased levels of carbon dioxide in the atmosphere as it biodegrades. The amounts it produces during this process are on a level with the use of cars and fossil fuels. I agree with the noble Baroness, Lady Boycott, that education is an important part of what we need to do to resolve these problems.

We have heard how much we throw away in the UK, but the 25 million tonnes of CO₂ emissions just from the UK’s food waste is more than Kenya’s total annual emissions—a country of 53 million people. This is disgraceful. Even if you count only the edible food wasted, it comes to a total of 14 million tonnes. If we eradicated this, according to the Government’s latest data, it would be equivalent to taking one in five cars off the road. Considering this Government have set a target to reduce greenhouse gas levels by 68% of 1990 levels by 2030, reducing or even eliminating food waste seems like an obvious and easy step to take towards that goal.

Supermarkets are partially to blame for the global food waste catastrophe. The noble Earl, Lord Caithness, made this point well and looked at responsibility in the supply chains. We know that supermarket food waste comes to around £230 million a year, but also that they can be part of the solution, with significant power to have an impact on the amount of food we waste. The noble Baroness, Lady Boycott, rightly talked about how they stepped up during the pandemic. They can behave differently.

We can look at ways in which this can be done. Expiry dates is one. We know that consumers get confused about what the dates for food safety mean and, because of that, a lot of edible food is thrown away at home. There is not enough understanding of the difference between sell-by, use-by and best-by dates. We could do something about this confusion and lack of consistency. Supermarkets can play a role in standardising this information, so that consumers have it in an accurate easy-to-understand format. One personal bugbear is whether we really need a date for fresh fruit and vegetables; it is obvious to me when something has gone off. The noble Lord, Lord Lucas, talked of a need to find a use for all foods, which is really important.

The noble Baroness, Lady Boycott, talked about food banks, FareShare and the role that supermarkets can play. They can and do donate, but food banks have a limited amount of time to turn overripe produce around before it goes bad, and they are prohibited from giving away food that has passed its use-by or best-before date. Again, perishable foods can end up in the bin. As the noble Lord, Lord Lucas, said, we need to find ways to use all food.

Two years ago, in June 2019, more than 100 of the biggest players in food, including all the UK’s major supermarkets, signed a pledge to take action to drive down food waste and raise public awareness of the issue. The Government have also expressed their commitment to supporting UN sustainable development goal 12.3 to help halve food waste by 2030 and to report on progress and prioritise action. I ask the Minister to provide an update on progress on that pledge and the actions that are being prioritised to meet our obligations on SDG 12.3.

Food waste in the UK is a huge problem. The noble Baroness, Lady Jones of Moulsecoomb, rightly said it is a scourge in our society, and it is time for the Government to legislate. As well as an environmental disaster, it is a social catastrophe, when we consider the 10.5 billion meals that wasted food could have provided to deprived people. I appreciate that the Government have cut down on their food waste in recent years, but there is still an awfully long way to go. As the noble Baroness, Lady McIntosh of Pickering, and other Lords, have said, I look forward to reading the Government’s food strategy. They must grasp this opportunity and do something about this. I look forward to the Minister’s response.

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[Baroness Finlay of Llandaff (CB)]

My Lords, I am most grateful for this slight change being allowed for the convenience of the House.

I am glad to be able to speak in support of these very important amendments. I added my name to Amendment 152 in the name of the noble Lord, Lord Whitty. As he said, we are doing exactly what we were advised to: we are bringing this issue back in the passage of the Environment Bill.

I will not repeat what I said on the Agriculture Act—it is all there on the record already—but I did point out in Committee of the then Agriculture Bill last year that synthetic chemical pesticides were originally developed as chemical warfare in the 1930s and 1940s. These highly toxic substances have now been used in farming for more than 75 years. They carry warnings on them, such as “risk of serious damage to eyes”, “possible risk of irreversible effects through inhalation” and even “may be fatal if inhaled or ingested”. In 1975, the then Ministry of Agriculture, Fisheries and Food stated:

“The repeated use of pesticides, even in small quantities, can have cumulative effects which may not be noticed until a dangerous amount has been absorbed.”


Here we are, 46 years later, and I am not sure that we have heeded that warning.

Although spraying equipment and the protection of employees doing the spraying is regulated, residents in an area downwind from any spraying have no protection in law at all. These pesticides are known to cause different cancers and have been thought to be associated with birth defects and a wide range of diseases, particularly neuroendocrine and autoimmune conditions. All this is a mounting cost to the NHS but, more importantly, it destroys people’s lives and the quality of their lives.

Amendment 152 aims to provide protection to residents. These airborne droplets in pesticide vapour can settle on the ground and be revaporised in subsequent high heat or windy weather conditions. Several studies have shown pesticides being transported in the air for many miles from where they were originally applied, which then exposes babies, children and pregnant women to these chemicals. We cannot carry on allowing the next generation—whether in utero or after they have been born—to be poisoned by chemicals that are often used as a convenience in farming rather than being absolutely essential.

I also strongly support Amendment 254. Without our pollinators, we will have no food. This Bill is the place to protect this essential part of our food chain.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am speaking to Amendment 254 in my name and fully support Amendment 152 in the name of the noble Lord, Lord Whitty. I am grateful for the information I have received from the Crop Protection Association, Buglife, Friends of the Earth, the UK Pesticides Campaign and others.

The noble Lord, Lord Whitty, and the noble Baroness, Lady Finlay of Llandaff, have long campaigned for tighter control of pesticides in order to protect human health and the environment. As the noble Lord has already said, these are issues which we explored in depth during the passage of the Agriculture Bill. Undeterred, we are back again to explore the dangers of pesticides to both humans and pollinating insects.

Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage
Wednesday 30th June 2021 Lords Chamber

[Baroness Altmann (Con) [V]]

My Lords, I too support Amendment 124, so ably explained by the noble Baroness, Lady Scott, and agree on how urgent it is for the Secretary of State to publish a scheme for disposal of single-use plastics, and to have that done within a time limit that reflects the sense of urgency that we have heard from so many noble Lords today. I also support many of the aims of the other amendments in this group.

These amendments touch on everyday family life. As the noble Lord, Lord Cameron, explained, anyone who saw the “Panorama” programme a few weeks ago would surely wish to support policies that can help to stop the build-up of fatbergs and pollutants which are already so damaging to our sewers and rivers. The figure of 7 million wet wipes being flushed down our toilets each day, without people generally even realising the damage they are causing to the environment and our sewers—they do not even give it a second thought—is something that this Bill may have the opportunity to address. Making sure that there are clear warnings on such products and that these parts of a household’s normal weekly shopping are both identified as being as damaging as they are and, ultimately, as my noble friend Lady Neville-Rolfe said, replaced by biodegradable alternatives which do not cause that same damage are issues which I believe have not yet filtered through into the public consciousness. Given the work that we have done, we understand them—I declare an interest in that my son works in a company involved in replacements for plastics—but extending responsibility for this issue so that everybody becomes aware of it rather than just those in the know could help significantly to produce a step change in consumer behaviour and stop plastics clogging up so many riverbanks, sewers, landfill sites and other areas.

Taxation is clearly an option. Through the price mechanism, it would make sense—I believe that we are coming to this in a later group—to ensure that the most damaging plastics, which have caused significant damage already, are more punitively taxed so that consumers are less keen to use them. In that regard, I add my support to Amendment 128 in the name of the noble Lord, Lord Teverson, on consistency in any framework of public warning messages that potentially will be introduced to help public awareness. However, ideally, as I said, in the not-too-distant future the best option would be for those products that contain plastics that last for potentially thousands of years and do so much damage to be replaced with options that do not hang around and pollute our environment in the way people are currently doing without quite realising the extent of the damage.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this group concerns packaging and single-use items. I shall speak in support of Amendment 292 in the name of the noble Baroness, Lady Bennett of Manor Castle. All the amendments in this group have a degree of urgency.

The noble Baroness, Lady Jones of Whitchurch, spoke passionately to Amendment 119, which would ensure that producer responsibility for new packaging is in place for January 2024. I have spoken before about the need for producer responsibility on plastics and I fully support the amendment. The noble Baroness is quite right to emphasise the need for producer responsibility to be implemented without delay. After all, there has been extensive consultation. I am obviously more impatient than the noble Baroness, since I would have chosen an earlier date. However, I accept that manufacturers should be allowed time to change their practices and that this cannot be achieved overnight.

My noble friend Lord Chidgey quite rightly raised the issue of those households with septic tanks, a large percentage of which will be in rural areas. For the septic tanks to function as designed, chemical cleaning products and wipes should not be used and should be phased out nationally. I agree with the noble Earl, Lord Lytton, on this point.

My noble friends Lord Bradshaw and Lady Scott of Needham Market, and the noble Lord, Lord Cameron of Dillington, would require the Secretary of State to publish a scheme by December 2021 on the disposal of single-use plastics. This urgent timeframe meets with my approval. Wet wipes are causing tremendous problems and should not be left to volunteers to clear up.

My noble friend Lord Teverson’s Amendment 129 provides part of the answer for the Government. If all products were adequately and clearly labelled using a consistent format that the public could easily recognise, they would be more likely to read the information and take notice. This commonly approved and consistent design cannot be in 6 point font on the very bottom of the package. It will need to be of sufficient size for the purchaser to easily read on the front of the package, rather than having to hold it up over their heads to read what is on the bottom, which often happens when the package contains wet food.

The noble Lord, Lord Lucas, raised built-in obsolescence in household goods such as washing machines. Redundant white goods are extremely difficult to get rid of.

My noble friend Lady Humphreys spoke about the use of single-use plastics and the role of the Welsh Senedd, which wants to ban 19 types of single-use items, including plastic cutlery. The Senedd is concerned about the impact of single-use plastics coming over from the rest of the UK into Wales.

Amendment 292 is definitely not on a glamorous subject. There is no doubt that disposable nappies are extremely convenient. I wonder whether there is a Peer in the Chamber, including the Minister, who has not changed the nappy of a baby at some stage. My mother bought me two dozen terry nappies when I was expecting my first baby. They lasted until my second child no longer needed them and they still had a life in the garage as cleaning cloths. There were disposable nappies around, but they were costly and so were used only when we went on holiday. My granddaughter was kitted out with reusable nappies—a very different kettle of fish from the terrys of my day. They had a set of poppers, which meant they could fit a range of sizes, and were extremely colourful.

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Moved by

[Baroness Bakewell of Hardington Mandeville]

123: Clause 50, page 30, line 13, at end insert “including fly-tipped items.”
Member’s explanatory statement
Farmers and landowners currently have to pay for the removal of all fly-tipping. This amendment is intended to extend the 'polluter pays' principle to fly-tipping.

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[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I rise to speak to this group of amendments in my name and thank the noble Lord, Lord Randall of Uxbridge, for adding his name to Amendments 123 and 136.

Fly-tipping is a blight on the countryside. Sometimes it is individuals not bothering to dispose of their larger redundant items of furniture properly. Sometimes it is criminal activity on the part of opportunists who offer to dispose of awkward items for households for a fee, then take them away and dump them in the countryside—mostly in some quiet rural lane, in a field gate or on a farmer’s lane.

Evidence suggests that fly-tipping affects 67% of farmers and that it costs them upwards of £47 million a year to clear up fly-tipped waste. In 2019-20, there were just under 1 million incidents of fly-tipping in England—the equivalent of nearly 114 every hour—at a cost to local authorities of millions. It is having a significant impact on our rural areas and wildlife. These miscreants do not have to pay for their actions; it is the landowner who has to pay to clear up the resultant mess, and there is little redress through the courts.

How often do we see the countryside littered with cartons from takeaway food? It really is time that the manufacturers and producers of this type of waste picked up the cost of clearing it up—McDonald’s and Kentucky Fried Chicken spring to mind, and I am sure your Lordships can think of others. It is often very difficult to trace the person who has done the fly-tipping but much easier to see who has manufactured the waste. The “polluter pays” principle is key in helping to solve the problem. This issue cannot be sidestepped.

The Bill makes provision to reduce the occurrence of fly-tipping and littering by the introduction of deposit schemes and powers for secondary legislation to tackle waste crime and the scourge of littering, but this will not help with the larger items that are often left in quantity on farmland. The Bill will introduce new measures for regulators, including local authorities, to tackle waste crime and illegal activity. It would be helpful to know what these measures are likely to be but, as they are expected to be determined in secondary legislation, perhaps the detail has yet to be written. The Bill also enables the Secretary of State to make regulations to amend the primitive range of penalties for existing fixed penalty notices. This is critical in attempting to dissuade people from fly-tipping. Can the Minister say why this power is not being extended to local authorities and the police? They are much closer to the problem on the ground and may well know who the likely culprits are.

Private landowners are liable for any waste dumped on their land and responsible for clearing it away and paying the cost. If they do not act or inform the local authorities about the fly-tipped waste, they risk prosecution for illegal storage of waste. This is a nonsense. Now is the time to think about how landowners and farmers can be recompensed for the amount of money spent on clearing up other people’s waste. There needs to be greater support for the protection of landowners coupled with tougher penalties on perpetrators, such as seizing the vehicles used to fly-tip.

Having been a councillor for many years, I understand the role of local authorities and that some are more diligent than others in tackling the problem. Local authorities should make it easier for people to dispose of their waste legally at recycling centres. Sometimes their rules are inconsistent and unclear. Now is the time for these rules to be replaced with common sense and practical measures that enable people to recycle or dispose of their waste legally. This is a very serious issue and needs to be addressed urgently before the countryside becomes an unsightly dumping ground. I beg to move.

[Viscount Ridley (Con)]

My Lords, I congratulate the noble Baroness, Lady Bakewell of Hardington Mandeville, on this amendment and thank her very much for her contribution. I also declare my interest as a landowner in Northumberland. I am not here to carp about the cost to me of doing this, more to carp about the inconvenience of finding your gateways blocked again and again, as well as the unpleasantness of this problem. It is often a really unpleasant thing to have to deal with.

Fly-tipping is a huge problem. It has got worse during the pandemic because a lot of local authorities closed their tips when there was social distancing of various kinds. The fly-tipping industry—if we can call it that—seems to have a sort of momentum behind it now, so even though those tips are open, it continues. On my farm, we experience this problem about once a week, to give you an idea of how bad it is. There is usually a chunk of leylandii hedge, a fridge, a cooker, some flooring, bits of clothing, toys, random chunks of concrete, lots of plastic, plenty of polystyrene packaging and some really unmentionable things as well.

If you are lucky, there is also a bank statement or a utility bill and this can be very helpful. However, when you go round and knock on the door of the person whose bank statement it is, they apologise profusely and, as the noble Baroness said, say, “I’m terribly sorry, we thought they were a legitimate waste disposal outfit”. That is, again and again, the problem that one encounters. There are plenty of rogues masquerading as legitimate waste disposal people. Surely it is possible to tackle that problem.

In our case, many of the tips are—because we keep our gates firmly locked—on the public highway side of the gate and they end up being the local authority’s problem to get rid of, not ours. All it takes is a couple of calls and a lot of inconvenience and it happens. As I said, I am not here to complain about the cost to me. It is £250 a time to hire a skip and it is a lot of work.

What would work extremely well, because this happens again and again in certain locations, is CCTV. But if you put up CCTV you have to put up a sign saying that you have put up CCTV, otherwise you cannot bring a prosecution based on it. Now, if you put up a sign saying that there is CCTV in a gateway, you are simply shifting the problem to somebody else’s gateway.

I worry that the cost of legitimately disposing of waste is too high and the inconvenience too great. The noble Baroness, Lady Bakewell, touched on this as well. More effort needs to go into making it easier for households to find somewhere to dispose of their waste cheaply and easily. That would help a lot.

I think this amendment would help and it is right that landowners should not have to bear the cost of removing this stuff from their land, but further changes are necessary to alter the incentives and stop the dreadful nuisance created. I join the noble Baroness, Lady Bakewell, in asking for further detail on what the Bill is likely to be able to enable, in terms of secondary legislation, to try to tackle this problem.

While I am on my feet, may I touch on one other issue? If you go for a walk on remote moorland in the Pennines, you encounter zero litter except one thing that you encounter on every walk and that is birthday balloons. They just appear all the time, but not in very large numbers. They are not terribly inconvenient and not so difficult to get rid of—you stuff them in your pocket—but it is upsetting in a beautiful landscape suddenly to find something shiny and bright purple. Well, purple is all right on a moorland—bright yellow, shall we say? It would be quite easy to ask the birthday balloon industry always to put an address on birthday balloons, so that I could send them back in a package.

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[Baroness Bloomfield of Hinton Waldrist (Con)]

It is quite rare that we have virtual unanimity around the Committee on something being a major problem, so I thank noble Lords for taking part in the debate.

On Amendments 123, 136, 137 and 138, tabled by the noble Baroness, Lady Bakewell of Harlington Mandeville, fly-tipping is a crime that affects all of society, including rural communities—perhaps mostly rural communities—and private landowners. We are committed to tackling this unacceptable behaviour. We appreciate the difficulties and costs that fly-tipping poses to landowners, as outlined by the noble Baroness and by my noble friend Lord Ridley. We are working with a wide range of interested parties, through the national fly-tipping prevention group, including with the NFU, to promote and disseminate good practice, including how to prevent fly-tipping on private land. I do appreciate the noble Lord’s suggestion on birthday balloons. I can assure him that I have not received any today—but my noble friend Lord Randall is absolutely right to mention the serious harm that Chinese lanterns can do to livestock.

In essence, we expect all local authorities to exercise their power to investigate fly-tipping incidents on private land, prosecuting the fly-tippers and recovering clearance costs where possible. As a number of noble Lords mentioned, with more people enjoying the outdoors than ever before with Covid, we have recently published an updated version of the Countryside Code in order to educate and help people enjoy the countryside in a safe and respectful way. I know how difficult it was, during Covid, when a number of local authority tips were closed, and I am sure that this increased the incidence of fly-tipping, particularly of large items.

In the Budget of 2020, we allocated up to £2 million to support innovative solutions to tackle fly-tipping. In April 2021, we commissioned a research project considering the drivers, the deterrents and the impacts of fly-tipping. This research project is due to be completed before the end of this year and will support informed policy-making. We are exploring additional funding opportunities and priorities, including considering the role of digital solutions, obviously including CCTV.

The measures in the Bill will grant greater enforcement powers and the ability to increase penalties in the future, which should help to reduce the incidence of both urban and rural fly-tipping. I should say here that Defra chairs the national fly-tipping prevention group, working with the NFU and others to share advice, and this group met in the spring.

My noble friend Lord Randall asked about fines. Local authorities have legal powers to take enforcement action against offenders. Anyone caught fly-tipping may be prosecuted, which can lead to a fine, up to 12 months’ imprisonment, or both, if convicted in a magistrates’ court. The offence can attract a fine, up to five years’ imprisonment, or both, if convicted in a Crown Court. I appreciate the difficulties of identifying some of the perpetrators of this crime. Instead of prosecuting, councils may choose to issue a fixed-penalty notice, an on-the-spot fine. Local authorities can issue fixed penalties of up to £400 to both fly-tippers and householders who pass their waste to an unlicensed waste carrier. Vehicles of those who are suspected of committing a waste crime, including fly-tipping, can be searched and seized.

As the noble Earl, Lord Lytton, suggested, waste transportation is in urgent need of an update. Waste tracking is still largely carried out using paper-based record-keeping. This makes it really difficult to track waste effectively, as it provides organised criminals with the opportunity to hide evidence of the systematic mishandling of waste, leading to fly-tipping. The Bill will tackle this by introducing a new electronic system for tracking waste movements through Clauses 57 and 58 and will provide enforcing authorities, including the regulator, with enhanced powers to enter premises. We will be consulting on the detail this summer.

In addition, powers in the Bill also allow for the “polluter pays” principle to cover costs associated with the unlawful disposal of products or materials, as set out in Schedule 5, Part 2. This includes the cost of removing littered or fly-tipped items, including from private land.

Measures in the Bill on deposit return schemes will also allow the deposit management organisation to use moneys received under a scheme for the protection of the environment, including to cover costs associated with the removal of littered or fly-tipped items currently borne by farmers or private landowners. The noble Baroness, Lady Bennett, mentioned the dreaded term “planned obsolescence” and made a very good point. Notable initiatives have recently got into the public vernacular, such as “The Repair Shop” and other ways of recycling, reusing and restoring materials. The “polluter pays” principle in Schedule 5 includes powers to make producers pay for managing products at the very end of their life, and the disposal vernacular should become “recycle and reuse”.

The noble Earl, Lord Lytton, also asked about costs of disposal. Waste disposal authorities may make only reasonable charges for waste disposal. We will review HWRC services and the Controlled Waste Regulations and, subject to consultation, we will amend them to ensure that they remain fit for purpose and that charges are fairly applied.

In conclusion, I thank the noble Baroness for bringing forward these amendments. I am afraid that I am unable to answer her point on illegal storage, but I will write to her on that specific issue. In the meantime, I hope I have reassured noble Lords that these amendments are not needed, and I ask the noble Baroness to withdraw her amendment.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to all noble Lords who have taken part in this debate, and I thank the Minister for her response. I am encouraged that the Government are working with the NFU and other bodies to find solutions. Fly-tipping, as we have heard, is on the increase, and we have heard some very graphic descriptions of how this has affected landowners and farmers. It is, as the noble Viscount, Lord Ridley, has said, a great inconvenience as well as very costly.

During the pandemic, the household waste recycling centres were indeed closed. When they reopened, there were huge queues around the corner. Unlike the noble Earl, Lord Lytton, householders in our area do not have to book a slot, and you can see what the queue is like on the website so that you can choose your time: usually a good time is about half an hour before it closes at 5 pm. So it is possible to access the HWRCs, but it is not easy.

The situation with CCTV signage is exceedingly unhelpful, and I ask the Government to look into this. It is a bit like having a sign for a speed limit: we get the sign saying that there is a speed camera, and by the time traffic reaches the camera, everybody has slowed down. If we are to have CCTV to prevent fly-tipping, I do not think we need signage to alert the perpetrators that it is on the way. As the noble Lord, Lord Blencathra, said, there is an issue of natural justice here, and the need to crack down on criminals, especially organised criminals.

I was very concerned when the noble Lord, Lord Carrington, said that he had had asbestos dumped on his land. That is an extremely toxic substance, and if householders find that they have some asbestos, perhaps on their roof, or in an extension, it costs them quite a lot to get rid of it at the household waste recycling centre. I wonder whether local authorities could think about reducing some of those costs, so that asbestos is not dumped but disposed of safely. It is outrageous that it should be dumped in the countryside, where it is a threat to animals and humans.

We have all made the point that there must be a shift from the landowner paying to the polluter paying. That has to happen as a matter of urgency. I welcome the Minister’s reassurance that there will be publicity around the Countryside Code. It could do with a bit of a relaunch, because I am sure people are not aware of how to behave in the countryside. More needs to be done to encourage local authorities to go for the maximum fixed penalty notice, instead of some derisory sum. I am grateful for all the contributions, and I beg leave to withdraw my amendment.

Amendment 123 withdrawn.

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I will not labour the point about polystyrene in construction, but I hope that my noble friend the Minister acknowledges that this is an area which needs urgent attention. I ask him to engage with BEIS and the housing department to seek solutions that get rid of all polystyrene in construction as soon as is practically possible. However, dealing with its use in food and packaging is an easy win, and I urge him to act on that and ban it before 1 January 2023. If he needs another year, I can live with that—I am a reasonable person after all.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I speak to Amendments 141 and 142 to 145, which are in my name. Amendment 141 relates to the plastic packaging tax, which was placed in law by this year’s Finance Bill and will come into effect next year. The tax is welcome in principle, but my amendment seeks to probe the Government on the detail. Manufacturers of innovative compostable packaging solutions are aghast that the tax makes no distinction between their products and old-fashioned polluting plastic. Members of the Bio-based and Biodegradable Industries Association have attempted to engage Ministers in Defra and the Treasury on this point but are hitting a brick wall, since the Government are interested only in a single threshold —namely, the amount of a given product that is recycled.

It is of course a fine public policy objective to encourage the use of recycled rather than virgin plastics, as the tax attempts to do, but that single criterion fails to recognise a few facts of life. First, packaging that is to come into contact with food cannot be recycled, for food hygiene reasons. Secondly, plastic films are extremely hard to recycle and, even if they are recycled, are seldom if ever recycled into new films. The idea of a circular economy on such packaging is just an illusion.

By contrast, compostable films can be an appropriate substitute and are more sustainable than conventional films from recycled sources. Compostable packaging can never contain 30% recycled content because its destined end of life is to disappear completely in the soil, leaving no microplastics behind. The unintended consequence of the tax as it stands is that these innovative solutions are perversely penalised.

The amendment asks the Government to recognise that treating independently certified compostable films as separate and distinct from conventional plastics would not create a free-for-all or a loophole. The compost quality protocol sets out clear safeguards for waste-derived compost, including by specifying that any compostable packaging and plastic wastes accepted must be independently certified to meet composting standards. Among these is BS EN 13432, referenced in the amendment, which is a strong, internationally accepted British and European standard for determining which bioplastics are industrially compostable or biodegradable when processed through anaerobic digestion or in-vessel composting. As I said in the debate on the first day in Committee, these materials are not a silver bullet but they are rightly recognised by the recent report Breaking the Plastic Wave as part of the picture when it comes to tackling plastic pollution.

Amendments 142 to 145 are related to Amendment 141. If we believe that compostable alternatives to conventional plastic have a place, particularly in food-contact packaging, it follows that we should make provision for those compostable materials to be collected so that the end-user knows that they are indeed composted. Alternatively, householders can mix them with their garden and kitchen compostable waste. As a consumer, it is baffling to pick up something that is labelled “compostable” if you have no obvious means of composting it.

The Bill rightly places in law the necessity for separate food waste collections, and my Amendments 142 to 145 simply seek to establish that independently certified compostable materials should be collected alongside this waste stream. The films that we are talking about here are of low density and can easily fit in a food-waste caddy. Indeed, in certain applications, such as the compostable bags containing bananas in Waitrose, the packaging can be used as a liner for a food caddy.

The present custom and practice of local authorities and their waste management firms is rather variable when it comes to these compostable items. Some faithfully ensure that compostable films are properly processed. Others actually strip out compostable items, treating them as contaminants. It cannot be right for consumers to be sold products that are compostable but for the waste management system to let them down at the end of the process by incinerating or landfilling these items. I shall refer to this issue in later amendments.

Approximately 45 composting plants in the UK are approved for composting inputs that include food waste at present, but the current network processes only 20% of what will be necessary from 2023 onwards. In consequence, much of the 80% extra capacity that must be built will be entirely new or revamped plants. Waste managers need a clear steer now that anaerobic digestion plants must have a composting phase in which compostable materials, such as BS EN 13432-certified packaging, are properly processed. Handling this issue properly has the potential to reduce the contamination of soil from normally polluting plastics, which is why it has the support of the National Farmers’ Union. With these amendments added to the Bill, it would be clear that as composting infrastructure is expanded across the UK, all composting plants must make provision for ensuring the proper processing of compostable packaging materials.

Finally, I turn to Amendments 130A, 130B and 141A, also in this group and capably moved and spoken to by the noble Baroness, Lady Jones of Whitchurch. I fully support her in these amendments. As the adage goes, sunlight is the best disinfectant. Transparency about the sheer amount of plastic used by supermarkets would catalyse consumer pressure on the big players to kick their plastic habit. I commend the work that Iceland has done, which the Minister mentioned on our first day. The transparency clause in Amendments 130A and 130B would push other firms in a similar direction. The Minister will by now have received the message that I am not going away on this issue, and I look forward to his response.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, yet again, the noble Baroness, Lady Bakewell of Hardington Mandeville, makes a soft threat to the Minister about not going away, and I support her completely. This is a really interesting group of amendments, all incredibly sensible. I have signed, with delight and surprise, Amendment 140 in the name of the noble Lord, Lord Blencathra, but my noble friend Lady Bennett will speak to that and I will speak to the others.

We all know that banning the use of single-use plastic has been far too slow. Many Members of your Lordships’ House have mentioned this many times and urged the Government to do something about it. The Chief Whip is waving at me; he is probably telling me, “Go on! Go on!” We have to reduce the absurd amount of plastic we are still churning out every single day when we know the danger that promises. The Government keep on publishing plans and strategies and promises and consultations and all sorts of things, but nothing actually happens. We just have to do it.

I spoke previously about how plastics, and microplastics in particular, will in future be seen in a similar light to asbestos—a substance with miraculous properties but such a huge danger to health that it is phased out almost totally from general use. That is how I would like to see the future of plastic.

The Government and Parliament have vital roles in the transition away from mass plastic. Industry, PR and lobbyists will bleat on about industry-led transition, but this is just greenwashing most of the time. For as long as you can buy bananas wrapped in plastic, you can know that the industry claims are nonsense. I realise that Iceland has taken some huge steps and is an example to other similar supermarkets. I do not eat much from Iceland, but I do support its initiatives. Parliament has to legislate, and the Government have to lead.

The noble Baroness, Lady Bakewell of Hardington Mandeville, also raised compostable plastics. It is an important issue, not least because of the confusion they cause. Some are home compostable in a regular back garden compost heap and will completely break down into safe, organic matter. Others will not break down except in special conditions in an industrial compost facility. There is a whole public education issue there, and not even the waste authorities seem to have worked it out yet. There is no common ruling or understanding. It seems a real shame that compostable plastics are not being collected by council waste services and are, instead, wrongly going to landfill or contaminating the plastic recycling stream.

I hope the Government have a plan for this; it is one of many issues where central government absolutely must get a grip on local authority recycling services and set basic minimum standards across the country. This is something many of us have been asking for for a long time, and it is time the Government listened.

Lastly, the noble Earl, Lord Caithness, said at one point that the cheapest is not the best. Of course, the cheapest immediate option is often one of the most expensive if you look over its lifetime. He is absolutely right: the cheapest is not the best. We have to look at and understand the future repercussions of everything we do.

Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage
Monday 28th June 2021 Lords Chamber

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

As the noble Baroness, Lady Young of Old Scone, pointed out in her earlier speech, she has been listed twice. I will not call her a second time, but will instead call the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I declare my interest as a vice-president of the LGA. This is a very extensive group of amendments which, quite rightly, places the responsibility for the environmental principles on all public bodies and authorities. Amendment 75 from the noble Baroness, Lady Jones of Moulsecoomb, removes these environmental principles and substitutes a far more extensive set to ensure that biodiversity, climate change and human health are all part of the consideration of the Bill.

My noble friend Lady Parminter seeks in Amendment 78, again quite rightly, to put the environmental principles at the heart of government and has expanded on the wish to include all government departments within the scope of the Bill. It is a nonsense, as we have just heard the noble Lord, Lord Berkeley, eloquently say, to allow the MoD and the Treasury to be excused from the need to take responsibility for what happens to the planet. We cannot have highly influential policymakers ignoring the efforts that the rest of the country is making to improve our environment for future generations, especially where this includes SSSIs, as my noble friend Lady Parminter said.

The noble Baroness, Lady Jones of Moulsecoomb, and others, including the noble Baroness, Lady McIntosh of Pickering, raised the knotty issue of ensuring the Minister “must ensure compliance with” and not only “have due regard to”. The Minister can have due regard to the comments your Lordships are making this afternoon, but he does not have to comply with them, no matter how passionately our arguments are put. He can have due regard, take note of what we say and then completely ignore it. I am not suggesting that the Minister will do this, but it shows that, unless compliance is in the Bill, there will be little confidence that it will make the difference we are all looking for.

The noble Baroness, Lady Boycott, gave us a very powerful example of where environmental principles should be upheld by all government departments. The noble Baroness, Lady Bennett of Manor Castle, urged the Government to adopt the New Zealand Treasury model, where the environment is at the heart of its policies. I regret that we cannot agree with the noble Baroness, Lady Neville-Rolfe, but I note that she is chair of the Select Committee on planning, and so can understand where she is coming from. The noble Lord, Lord Krebs, also gave a very powerful example of the precautionary principle where it affected Natural England.

The noble and learned Lord, Lord Hope of Craighead, and the noble Lord, Lord Wigley, make the case for the involvement of, and consultation with, Scottish Ministers and the Welsh Senedd respectively with regard to environmental principles and reserved matters. The devolved Administrations cannot be ignored, although the Bill makes it clear that it relates only to England. Unless we have a holistic approach across the whole of GB, we will see piecemeal policies and uneven progress on vital matters. I look forward to the Minister’s response and hope we will not have to bring these issues back on Report, because I can tell from the level of enthusiasm and passion we have heard in this debate that, unless we get a satisfactory response, we will go around them again.

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[Baroness Hayman of Ullock (Lab)]

My Lords, I rise to propose Amendment 97, which—like Amendment 289, which I will also speak to—is in my name and that of my noble friend Lady Jones of Whitchurch. I also give our strong support to the amendments in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville.

Environmental groups, animal rights charities, health campaigners and the chemicals industry all remain concerned that the Government’s plans for UK REACH put the environment, human and animal health and business interests at risk. The CHEM Trust has specific concerns about whether the Government accept industry proposals for deregulating UK REACH, on which I understand a decision is imminent. Are the Government looking to amend the Environment Bill to allow this, and does the Minister agree that this would effectively make it harder to prevent the chemical pollution of our water, air and the wider environment?

I turn to our Amendment 97. Schedule 20 of the Bill protects the principle of animal testing “as a last resort” and the principle of the promotion of non-animal alternatives. Our Amendment 97 would require the OEP’s strategy to consider, first, how it will ensure that the protected provisions of the REACH regulation, including the principle that animal testing should be used only “as a last resort”, are being upheld—and, secondly, how its enforcement functions may be applied in the case of breaches of protected provisions.

EU REACH requires companies to share data and thus avoid unnecessary animal testing. Under it, animal testing is to be avoided in favour of alternative methods, and tests involving the use of animals can be carried out only “as a last resort”. However, a major challenge in making sure that animal testing has only been used as a last resort and that the promotion of alternatives is applied in EU REACH has been the failure of oversight and enforcement. The European Chemicals Agency, responsible for the EU chemicals testing legislation, has been judged in the past, by the independent EU ombudsman, to be lacking in appropriate action to ensure that the number of animal tests carried out is minimised. This judgment has been acknowledged, as was the agency’s duty to review and prohibit animal tests more effectively in the future. This amendment seeks to ensure that oversight and enforcement of these important principles are included in the remit of the OEP, thus strengthening UK REACH by applying the lessons learned from EU REACH.

However, EU REACH has also minimised animal tests through data sharing and other measures—something that was heavily promoted by the British delegation when REACH was initially created. According to Home Office figures, in 2019, 3.4 million procedures involving living animals were carried out in Great Britain—all, by statutory definition, with the potential to cause

“pain, suffering, distress or lasting harm”.

Importantly, the 2019 figures show a decrease of 3% on the previous year, which is also the lowest number since 2007. So we must not jeopardise this progress.

Many people are deeply concerned about the use of animals in experiments, with 74% of the public agreeing that more needs to be done to find alternatives. Therefore, the regulation of animal research and testing is a significant issue for the UK. The Government must ensure that the public can have confidence that legislation governing the use of animals in science is applied rigorously.

I have talked previously in your Lordships’ House about my concerns that, under UK REACH, the HSE’s lack of access to the full chemical safety data currently held by EU REACH could lead to duplicate animal testing. The Chemical Business Association has said that British businesses do not normally own the testing data required for registrations under UK REACH; it is held by a consortium of European countries. To reuse the data, companies may need to obtain permission from the consortium and would likely have to pay for the extension of rights. If this cannot be obtained, tests may have to be redone to establish safety information, which could involve repeat animal testing.

In the case of new animal tests, a testing proposal must first be submitted and approved, but we have yet to discover what stance the UK authorities, led by the HSE, will take in interpreting the principle of using animal testing only as a last resort. Now that we have left the EU, it is important that domestic accountability is strengthened. We should be seeking to ensure that our standards are the best in the world, while working to influence the EU and other trading partners to raise animal welfare standards.

Amendment 289 would establish a mechanism for reviewing the performance of the HSE in relation to its expanded responsibilities under UK REACH. We have tabled this amendment because the Government have so far failed to demonstrate that the HSE, as the chemical regulator in the UK, will be equipped with the necessary skills and capabilities that at least match what has been provided by the European Chemicals Agency. It is worth reminding your Lordships’ House that the UK chemicals industry has a turnover of £32 billion and represents a workforce of 102,000, so it is imperative that this highly skilled industry is protected. In creating the new UK REACH, the Government have shown insufficient understanding of how chemicals are managed in complex supply chains, with analysis of neither the cost of setting up the new regime nor the additional cost to business. As currently set up, we will worryingly not have the same level of protection from harmful chemicals that we currently enjoy.

Can the Minister set out how the new system will be staffed and resourced to ensure current levels of protection continue, and how that system will be reviewed on its performance and capabilities? Assuming that it will be reviewed, how often will this take place? Who will carry out the review, what will it cover and what action will be taken to remedy any failings or concerns? We need a regulatory system that provides the same levels of protection for human health and the environment that we enjoyed under EU REACH, otherwise critical decisions on chemicals will be made by a body with little experience and with layers of accountability and scientific expertise stripped away.

In a previous debate on this issue, the Minister said he agreed with me that the Health and Safety Executive’s ability to take on the task of the agency is essential to the success of UK REACH, so does he also agree that there needs to be a mechanism to review the agency’s performance to ensure that it is taking on the task to the required standard in order to have confidence that its responsibilities are being properly discharged? There must not be any repeat animal tests, so what guarantees can the Minister give—he is a strong supporter of animal welfare—and how confident is he that this can be ensured and will not just be an undeliverable promise?

The last time I raised this issue with the Minister, he recognised that there are concerns about the duplication of animal testing and, as reassurance, he gave the fact that the last resort principle is enshrined in the Bill as a protective provision. I do not believe that it is a cast-iron guarantee against unnecessary duplicate testing, but if he genuinely believes that the Bill is strong enough and that UK REACH will be capable of working effectively in this area, can he explain exactly how these protective provisions will be upheld and what will happen if any breaches of these provisions are found to have taken place? I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Hayman of Ullock. I support Amendments 97 and 289, to which she spoke so comprehensively. I shall speak also to Amendments 277, 281, 282, 294, 295, 296 and 297 in my name.

These amendments are all about REACH—the registration, evaluation, authorisation and restriction of chemicals. REACH was introduced in the EU in 2006 and was not carried over into UK law at the point of Brexit, as were a large number of other EU laws. By mid-2019, some 24,660 animal tests had been performed for EU REACH purposes, equating to an estimated 6 million animals. While it has in the past been necessary to test chemicals on animals, it is not necessary to repeatedly duplicate tests for the same or very similar chemicals over and again. Testing should be kept to an absolute minimum, as the noble Baroness, Lady Hayman, said.

Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage
Wednesday 23rd June 2021 Lords Chamber

Moved by

[Baroness Bakewell of Hardington Mandeville]

13: Clause 1, page 2, line 1, at end insert—
“(e) a reduction in the use of conventional plastic packaging.(3A) In this section “conventional plastic packaging” means plastic products that are defined as packaging under EU Directive 94/62/EC, or its successor legislation, and which are not— (a) reusable;(b) recyclable; or(c) compostable as specified within the standard BS EN 13432 or BS EN 14995.”Member’s explanatory statement
This amendment specifies a reduction in the use of conventional plastic packaging as a priority area in which the Secretary of State must set a long-term target, which must be achieved over 15 or more years.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, in moving Amendment 13 I will speak to Amendment 30, standing in my name, and wish to support Amendment 28, whose objectives we share.

The pioneering Breaking the Plastic Wave report by the Pew Charitable Trusts and SYSTEMIQ, published last year, made for stark reading. Without concerted action to hold back the ever-increasing tide of plastic production and consequent plastic waste, we will see the annual flow of plastic into the world’s oceans triple by 2040. My amendments provide two opportunities to place in the Bill the necessity of clear UK targets for reducing the import and production of conventional plastic packaging in this country.

The Government, I know, want to use the Bill, once passed into law, to embed their world-leading environmental credentials at COP 26 in November. Agreeing to clear, enforced targets on the production of plastic packaging would genuinely be world-leading. I know that the Minister is likely to say that he shares our ambition to reduce plastic waste. If that is the case, it follows that we must reduce plastic production, which is the source of the waste. The Government must address both ends of the spectrum.

To be clear, in Amendment 30 we are seeking an immediate target on plastic production and imports, coupled with Amendment 13, which seeks to set a long-term target of the kind envisaged under Clause 1. The immediate target is the more important, since we must see a reduction in the production of conventional plastic as a short-term and long-term issue. This must not be a can to kick down the road.

I want to turn to the issue that marks out my amendments from the other in this group—recognition of the role of independently certified compostable materials in addressing part of the plastics crisis. The Breaking the Plastic Wave report was clear that there is no single solution to ending ocean plastic pollution. As I have said previously, a mix of approaches is needed, starting with producing less plastic, which is at the core of the amendments, and involving more re-use of the plastic that is produced and more recycling where possible. But recycling, like composting, is not a silver bullet.

The current discourse around plastics recycling implies that a plastic bottle or food tray might become another bottle or food tray, but that is seldom the case. Plastics recycling is rarely, if ever, genuinely circular, but we should strive to recycle. When I was a leader in local government, I was proud to increase recycling in my area significantly. But we should not fool ourselves that recycling is a universal escape hatch from the planet’s plastic problem.

What the industry calls flexible films—the sort used in bags containing fruit and vegetables, or in pouches to keep dried fruit preserved—are very hard to recycle, not least because they are frequently contaminated with food. According to 2020 figures from WRAP, flexible plastic represents a quarter of all UK consumer plastic packaging but only 4% is currently recycled. We must attempt to improve on this. We have all found ourselves with a bag of salad in the fridge that has turned to mulch, or a microwave meal film covered in food. This kind of food contact packaging can seldom be recycled because of that contamination. Conversely, recycled plastics cannot be used in food packaging because of food hygiene laws.

It is right to conclude that a measure of substitution of conventional plastics with compostable materials is an essential part of the mix. Such materials must be certified as complying with stringent international standards, referenced in the amendment. The certification is undertaken by an organisation independent from the manufacturer, which assesses technical information about the product and produces an independent laboratory report on how samples of the product performed when tested, as specified in the standard. So long as it makes the grade, the product can then be recycled within the food waste stream.

There are around 45 composting sites in the UK that can handle compostable films, and there is good evidence from Europe to show that using them has three effects. First, the compostable films break down in industrial composting conditions without leaving microplastics behind. Secondly, deploying such films reduces the amount of conventional, polluting plastic that gets into the soil through food waste and achieves a reduction of conventional plastic in circulation. Thirdly, by deploying compostable films as packaging for food waste, we end up with less food contamination in the dry recycling streams, such as plastic bottles and trays.

Compostables can therefore play a key role in capturing biowaste and ensuring that food contact packaging biodegrades with its contents. Instead of being incinerated or sent to landfill, it is converted into high-quality compost and, in turn, used to regenerate our rapidly depleting agricultural soils. This is a win-win, and one that the Government should grasp. The recent Extended Producer Responsibility for Packaging consultation paper took a dismissive tone, rather than look at how an EPR scheme could and should be applied to compostables, so that the industry pays, as it is willing to, for the expansion in composting infrastructure.

All the while, global flexible plastic packaging is set to reach 33.5 million metric tonnes in 2022, with no viable end-of-life solution to dispose of it safely. That is only next year. Perhaps the Minister can say whether it is this waste that he is proposing to be the subject of trans-frontier shipments of waste. This is deeply frustrating to those represented by the Bio-based and Biodegradable Industries Association, including companies such as TIPA, which is investing in the UK market. It has come together with the association for renewable energy and clean technology, REA, and with anti-plastic campaigners A Plastic Planet to draw attention to the missed opportunities in the UK.

The intentions behind Amendments 13 and 30 are therefore twofold: to emphasise the commitment on these Benches to reducing the production of plastic packaging, and to make clear the need for a variety of solutions to reduce plastic pollution, here at home and globally. Compostable materials are part of the mix, and one the Government should recognise. Everyone has a responsibility to both reduce the use of plastic packaging and for its sustainable disposal. I hope that the Minister can provide a positive response and perhaps agree to meet me and the campaigners on this issue to find common ground and to strengthen the Bill on plastics. I beg to move.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

We have two withdrawals from this group: the noble Duke, the Duke of Wellington, and the noble Lord, Lord Blencathra.

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[Lord Goldsmith of Richmond Park (Con)]

I thank the noble Baroness for that final comment. As I have said many times, extended producer responsibility provides us with the apparatus that would, if used correctly, lead to a dramatic reduction in waste. But of course there is an “if”: we have to set the incentives, or disincentives, at a level that will have the desired impact. This is not an exact science, so there will no doubt be trial and error.

The fundamental point is that, whatever the cost, it has to reflect at least the cost to society of the generation of that waste in the first place. The problem at the moment is that there are companies generating waste but leaving the cost of dealing with it to society. In effect, this is an indirect subsidy. In answer to the noble Baroness’s question, this very much hinges upon getting those incentives right—of course, it is my intention, and the Government’s, that we will get those incentives right.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank all noble Lords who have taken part in this debate. I am grateful to the Minister for his encouraging response but I remain convinced, as are other noble Lords, that some form of plastics reduction target must be in the Bill if the Government are to show that they are serious about this subject.

The Minister said that 2042 was the target deadline, which is far too far away. The noble Baronesses, Lady McIntosh of Pickering and Lady Meacher, referred to the scourge of wet wipes and other personal products containing plastics. We have moved some way on this, but there is still a great deal to be done.

I agree with the noble Baroness, Lady Jones of Whitchurch, especially about extending producer responsibility. I would welcome the opportunity to work with the movers of Amendment 28 to see if we can reach an accommodation on the way forward on this vital aspect of plastic pollution.

The noble Baroness, Lady McIntosh of Pickering, raised the issue of the disintegration of brown paper bags. The supermarket that I frequent sells substantial paper carriers. They are compostable and can withstand rainstorms—I have been caught in one with them. They can be used several times before being put to good use in the composter.

The noble Baroness, Lady Scott of Needham Market, and the noble Earl, Lord Caithness, referred to plastic litter, especially from fast-food outlets. This is a prime example of where producer responsibility could make a real difference.

It is important that the role of compostable materials be recognised in any target. The Government have a way to go in their thinking on this. I share the Minister’s disquiet at the use of plastic tea bags. We switched several years ago to using loose tea—along with our coffee grounds, we spread it on the garden. I recommend doing this. It is a very good dissuader of slugs.

The noble Baroness, Lady Boycott, spoke eloquently about food waste generated by consumers having to buy more than they really need because of the packaging. I support her comments and those of the noble Baroness, Lady Parminter. We must make certain that we have a total ban on plastics, especially those used for food wrapping.

I reiterate my request to meet the Minister, along with the movers of this amendment; I do not think I heard him agree to do so. I hope his office will contact me with a date. Perhaps the noble Baroness, Lady Jones of Whitchurch, could come along as well. In the meantime, I beg leave to withdraw my amendment.

Amendment 13 withdrawn.

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[Lord Hope of Craighead (CB) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Boycott. I am going to speak about something a bit different and refer back to Amendment 41A, in the name of the noble Lord, Lord Wigley, with which I am very much in sympathy.

As the noble Lord pointed out, the amendment has to be read in the light of Clause 138, which defines the extent of the Bill. We are told in that clause that Chapter 1 of the Bill, of which Clauses 1 and 2 form part, applies to England and Wales only, except for Clause 19, which deals with statements about Bills. At first sight, therefore, the Secretary of State would not have power under these clauses to make regulations that would be applicable to Scotland or Northern Ireland, to which the amendment refers. That must be so, in so far as regulations might seek to make directions as to what may or may not be done there. So it might be said that the amendment is directed to something that in those parts of the United Kingdom could not happen.

However, these targets relate to the natural environment itself, which is not capable of being divided up or contained in that way. Its effect, for good or ill, spreads across borders. Rivers flow, winds blow, and birds and animals move about, irrespective of whether national borders are being crossed. Measures taken in one part of the country may affect what happens in another, because that is the way the environment works. Just as no man is an island, because we all depend on each other in one way or another, so it is too with the environment which we enjoy in the various parts of the United Kingdom.

In its report on this Bill, which has just been published, the Constitution Committee, of which I am a member, stated that

“Close co-operation between the UK Government and the devolved administrations … will be important in improving environmental protection across the UK.”


That makes obvious sense, for the reasons I have just been giving, and, it could be said, is really what this amendment is about.

I would prefer it if the words

“if they are, or may be, applicable in Wales, Scotland or Northern Ireland”

were expanded, so that they said “if they have effects which are, or may be, applicable” to them. That is what this amendment is really talking about. The message it conveys to the Secretary of State is that targets that he may set for the natural environment in England and Wales may affect other parts of the UK too. That is something to which he should have regard; it is not just sensible, but a matter of courtesy. I also agree with the suggestion in the noble Lord’s amendment that, where appropriate, consents should be obtained.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this is an important group of amendments about targets. Without ambitious targets being set in the Environment Bill, the Government will not achieve their goal of increasing biodiversity, tackling pollution and climate change, and moving the country forward.

The noble Lord, Lord Lucas, is right to want to ensure that we fully understand and evidence the reasons why we are taking targets and why they are not being met, so that remedial action can be taken. The noble Lord, Lord Wigley, and others have supported this. However, unless targets are set and strategies set to reach them, we will not move forward in the way the Minister hopes for from this Bill, and a once-in-a-lifetime opportunity will be missed.

The noble Lord, Lord Krebs, gave us an excellent example of conservation success based on scientific evidence. My noble friend Lord Addington is right that the health of the population, taking exercise and the state of the environment are inextricably linked. Improving the environment improves the sense of well-being of each of us, and therefore improves our health, both mental and physical.

My noble friends Lady Parminter and Lord Teverson, and the noble Baroness, Lady Jones, supported by other Lords, made a very strong case for the Secretary of State to obtain the advice of the OEP about consultation on the regulations in Clause 1—although my noble friend Lord Teverson would prefer that the advice come from the Climate Change Committee. The OEP is a vital body that will need considerable strengthening to be effective and deliver. It has expertise provided by the excellent chair, Dame Glenys Stacey, and her newly appointed non-executive members, but it needs legal independence and authority to operative effectively.

The noble Lord, Lord Wigley, quite rightly reminds the Minister that the Government should not make decisions that are applicable in Scotland, Wales and Northern Ireland without the consent of the devolved Administrations. This is particularly important when it comes to water.

The noble Earl, Lord Caithness, pressed for the inclusion of the maintenance, restoration or enhancement of the natural environment in the targets. Again, this is vital if we are to return to our biodiversity of former years. Some areas are in very good condition, but many others are not.

The noble Lord, Lord Vaux of Harrowden, made a powerful argument, especially around trade-offs, but I regret that I remain to be convinced. Setting ambitious targets and having realistic strategies to meet them is what the Environment Bill is all about. While the cost of meeting targets may appear high, in some cases the economic cost to the planet of not meeting our biodiversity and environmental protection targets is incalculable. The diversity of species in plant, animal and insect life has for too long been a question of cost. The cost of the loss of that diversity has now reached epic proportions and must be halted and reversed, otherwise the cost to humanity as a whole, as David Attenborough has reminded us, will be utterly devastating. To my mind, the case for a cost-benefit analysis has been made but, as the noble Lord, Lord Krebs, demonstrated, there is no indication of how the measures in the Bill will be funded. I look forward to the Minister’s response to these comments and the questions posed.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am speaking to Amendment 34, to which I have added my name, and all the other amendments that were so ably introduced by the noble Lord, Lord Lucas.

As the noble Baroness, Lady Parminter, explained, Amendment 34 addresses the specific question of where the Secretary of State will get his advice from before setting any environmental targets. As the wording stands, it is for the Secretary of State to determine who is independent and who has relevant expertise. As we have already begun to identify, this concentrates considerable power in the hands of the Secretary of State, who will, under this wording, effectively determine not only what targets are set but who will advise him on what targets are appropriate. Our amendment would make the simple but important change to require the Secretary of State to seek advice from the OEP on who these experts might be. It seeks to add an extra layer of independence into the target-framing process.

It is also worth noting that there is no requirement in the Bill, at the moment, to seek any independent advice on the setting of interim targets. Compare this with the requirements for the Climate Change Committee; it sets the targets and it decides which independent experts to draw upon. It is a much more robust and independent process, which is why there is considerable confidence and respect for its final recommendations.

I turn to the other amendments in this group. The noble Lord, Lord Lucas, makes a good point about the evidence and research and the fact that, if targets are not being met, we need to be sensitive about the remedies that can be introduced. I welcome that approach, but I was concerned to hear from the noble Lord, Lord Krebs, that UKRI does not even have any details of funding for biodiversity activities on its website, which again raises the rather urgent question of where that research is going to come from. We agree that the target-setting and evaluation process should have enough flexibility over the course of the term to be adapted and amended if the details of the research change.

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[Lord Thomas of Cwmgiedd (CB) [V]]

My Lords, I will speak briefly, as the points have largely been made. In my view, it is essential that Clause 7 is strengthened to give it greater effectiveness. The only requirement currently set out is that the plan

“must set out the steps Her Majesty’s Government intends to take to improve the natural environment in the period to which the plan relates.”

There can be no doubt that this is far too vague. The proposals in the various amendments tie the plans to the achievement of targets, and the precise language of these amendments is important. My view is that the use of the words “enable” or “ensure” in relation to the meeting or achievement of targets is the best approach, as that would require the plans to set out concrete and achievable steps to enable the target to be met. That I why I think that the language used in particular in the amendment proposed by the noble Earl, Lord Lindsay, contains that specificity.

That is important because specific and precise language will set out what the duty of the Government is. The public must be able to see exactly what steps are to be taken to meet the targets, and then judge for themselves the commitment and realism with which the Government set about the significant changes that will be required. It would be unrealistic to take any position that there will be powerful interests that are adversely affected by such targets, and who—for reasons that may be understandable, but are wrong—would seek to delay the achievement of those targets. The easiest way to defeat such persons who seek to delay is by transparency and specificity, which is generally more effective than court enforcements, to which we shall return later in the Bill. Requiring the Government to set out the steps is absolutely essential; the vagueness contained in the current Bill is the enemy of achievement.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, Amendments 52, 53 and 55 all make reference to the environmental improvement plans, which are key to the delivery of the ethos and thrust of the Environment Bill.

The noble Baroness, Lady Hayman of Ullock, has very eloquently set out the case for strengthening the environmental improvement plans—the EIPs—supported by my noble friend Lady Parminter and the noble Lord, Lord Krebs. In order for the EIPs to be effective, the minimum requirements should be up front, not an afterthought. Ambitious, realistic targets are vital, but there must be strategies in place to provide a route map for delivery. The one cannot be successful without the other.

All three amendments are interlinked and support each other. The noble Earl, Lord Lindsay, made the case for the EIPs to include the policies and actions the Government intend to support to enable the long-term environmental targets to be met. So serious is the crisis at our doors that both short-term immediate remedial targets and actions will need to be taken, coupled with and supported by the longer-term aims, objectives and targets to ensure that the country does not rest on its laurels but halts our biodiversity decline and progresses swiftly to tackle climate change on a permanent basis.

Progress is not likely to be overnight, but that is no excuse for not taking immediate and long-term action to rectify the crisis we are facing. This will have an economic impact, as the noble Lord, Lord Vaux of Harrowden, raised on an earlier amendment, but ensuring sufficient investment in strategies and plans to allow the EIPs to be successful is likely to be a measure on which the public will judge the Government. Failure is not an option. I look forward to the Minister’s reassurance that he can accept these three vital amendments.

[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords for their contributions so far. I am happy to clarify some concerns raised by noble Lords in relation to these amendments, tabled by the noble Baronesses, Lady Jones of Whitchurch and Lady Parminter, and the noble Earl, Lord Lindsay.

I can reassure them that an environmental improvement plan must set out the steps the Government intend to take to improve the natural environment, which the Government expect would include measures needed to meet their long-term and interim targets. We expect this to cover relevant policies and proposals. However, this could also include setting out steps that go beyond this, such as flagging where research is needed to fill gaps. So the EIP must also include the interim targets for each long-term target.

I was slightly surprised by the comments of the noble Baroness, Lady Young; we have not placed detailed requirements on the contents of the environmental improvement plan, as we think it is important that future Governments can assess their own priorities and decide which aspects of the natural environment are most in need of intervention, based on the latest evidence. The idea is that this allows the Government to adapt to changing environmental challenges in future.

To respond briefly to the noble Baroness, Lady Parminter, on the strength and ambition of the plans, the environmental improvement plan is defined as a

“plan for significantly improving the natural environment”.

Its provisions will form part of environmental law. This means that the OEP will have oversight of the Government’s implementation of those plans, as it does over all aspects of environmental law.

In response to the noble Baroness, Lady Young, our 25-year environment plan will be adopted, as she says, as the first statutory EIP. My view is that this sets a clear benchmark against which Parliament, the OEP and others can assess future EIPs. The 25-year plan was very well received when it was published and demonstrated real ambition.

In response to the comments from the noble Lord, Lord Krebs, that noise should be included as a target, I cannot give him a detailed or specific answer, because we do not want to prejudge decisions that are being made through the process I have already described—but he makes a very good point. Noise clearly is a pollutant and clearly does have an impact, and I would be interested to see any evidence he has—not that I need persuading—to bolster my knowledge on this issue. I know that Highways England has a noise prevention programme which is ambitious and, I am told, has been productive.

On Amendment 52 from the noble Baroness, Lady Jones of Whitchurch, the Government are committed to cross-departmental action in the delivery of environmental improvement plans. In fact, cross-departmental action is a prerequisite. A range of government departments will be involved in the development of the plans. For example, the Department for Transport will have a key role in updating on its progress in meeting interim air quality targets on PM2.5, and we will work closely with the Department of Health on the health impacts of our actions, particularly on vulnerable populations. Clearly, planning is central to so much of what we are talking about, so there is a permanent revolving door between Defra and MHCLG.

I hope this has reassured noble Lords and I once again ask the noble Baroness to withdraw her amendment.

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[Lord Cameron of Dillington (CB) [V]]

My Lords, I put my name to these amendments entirely to speak to Amendments 290 and 291 in the name of the noble Earl, Lord Lytton—but, as they have not been moved, proposed or spoken to, and nor do they fit at all within this group, I will leave my remarks on them to another time when, hopefully, they will be raised in the right place.

So I had not intended to speak on the other amendments in this grouping, but I will say in passing that I support them all. As a Scotsman from the highlands, I have always really loved the English countryside just because it is man-made. Every tree, hedge, field and parkland—every aspect of it—is the result of some historical figure, from the Middle Ages to the 20th century, contributing to the countryside out of their love of that countryside at the time.

The noble Lord, Lord Blencathra, quoted Bill Bryson. Bryson also said that one of the outstanding features of the English countryside that is different from the rest of the world is that it is loved to death by every inhabitant within the country. As a statement with which to promote these amendments, you could not find anything better.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, through this group of amendments my noble friend Lord Redesdale has set out the case for heritage assets to be included in the definition of the natural environment. Heritage assets are often the natural home of many varied animal, insect and bird species. My noble friend has been eloquently supported by the noble Lords, Lord Cormack and Lord Blencathra.

Given the hour, I will be brief. Others have made the case extremely well and I fully support their comments. We debated on Monday the enjoyment that the public get from the natural environment, whether that be by walking in the fells, swimming in rivers or picnicking on grassy open spaces. The benefits to their physical and mental health are well documented. This group of amendments seeks to extend the same benefits to archaeological, architectural, artistic, cultural and historic interests. Families’ and people’s enjoyment of all these is important, and in many cases it is the paying visitors who keep these iconic attractions economically viable.

The amendments wish to ensure that the EIPs include natural and built heritage in all its forms, thus preserving them for the future. Many of these iconic structures are well-known to all of us, from Badbury Rings and the Minack Theatre in Cornwall to the Ness of Brodgar in Orkney and perhaps Powderham Castle. Some are inaccessible to those families who are on low incomes but, whatever form they take, they have a fascination and a spellbinding quality that hold us all enthralled at the skill of the men and women who constructed them. Visiting them is definitely life-enhancing and enriching.

Some will have been part of the City of Culture’s categories around the country. It is many years since I last went to Coventry, but I look forward to returning to see how it is faring now that it is the City of Culture. I remember going to Glasgow when it was the European City of Culture. I was amazed as it was very different from my expectations—stunning and beautiful.

I am sure the Minister will agree that many of the examples given during the debate fall into the category of the natural environment, and I look forward to hearing how he sees the EIPs covering them.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I declare an interest as a member of the South Downs National Park Authority. Given the lateness of the hour, I intend to speak briefly.

I thank all noble Lords who have contributed to the debate for their generous and vivid descriptions of the art and beauty of the place that they hold dear. Each noble Lord, in their own different way, has had a story to tell. In combination, they have made a persuasive point that heritage and historic buildings are a fundamental part of our natural environment.

As the National Trust made clear in its briefing, and as noble Lords have beautifully illustrated this evening, none of our landscapes is completely natural. They are all the consequence of human interaction with the landscape during thousands of years. The variety of ways in which the land has been farmed and grazed, together with the pockets of communities around it—each very different—are a precious part of our English heritage. Everything from dry stone walls and stone circles, to farm buildings and historic churches, tells a story about our history.

The South Downs has had its own settlements for more than 6,000 years. You can still see the remains of the Iron Age fort at Cissbury Ring or admire the mosaics in Bignor Roman Villa. The great estates of places such as Firle, Glynde and Petworth House still enhance our landscape today. We need to value them for their intrinsic contribution to the living landscape and recognise their attraction to visitors, providing welcome jobs in the heart of the countryside. They clearly have a role to play in enhancing public enjoyment of the countryside.

As a number of noble Lords have said, this is already goal 6 of the 25-year environment plan which talks about enhancing the beauty of our natural scenery, while being sensitive to considerations of its heritage. This was echoed by the Minister in his response to the Second Reading debate:

“The 25-year plan explicitly recognises the link between the natural environment and heritage.”—[Official Report, 7/6/21; col. 1307.]


However, as noble Lords have said, these aims are not reflected in the Bill as it stands. As we move to future iterations of the targets and environmental improvement plans, it is important that these elements are not forgotten.

The importance of heritage was rightly included in the Agriculture Act as a public good that can receive financial support. It is important that the Government act consistently and cross-reference that into this Bill as well. I hope that, in his response, the Minister can provide some reassurance that this omission will be addressed in some way—perhaps by meeting noble Lords, as has been suggested.

I was sorry that the noble Earl, Lord Lytton, was unable to speak to Amendments 290 and 291, addressing the economic role of the national parks. The parks have a central role to play in delivering the objectives of the Environment Bill. I hope to return to this issue later in the passage of the Bill.