(1 month ago)
Lords ChamberMy Lords, I thank the Minister for her time over the period between Committee and now. I shall speak first to my Amendment 9, which deals with performance-related pay and, more specifically, with bonuses paid to CEOs and directors of water companies. Performance-related pay should be related specifically to how well the water company has carried out its functions, having regard to the environmental targets it has been set. These are likely to relate to the number of illegal sewage spills that have occurred in the preceding 12 months.
During the last year—and especially during the general election campaign—the issue of sewage overflows was in the news almost daily. We saw the outrage of local residents at the state of their streams, rivers and lakes due to sewage spills—many occurred when there had not been any heavy rain. I will not go through the arguments, which have been well rehearsed in this Chamber. What I and my colleagues on these Benches are looking for is a reassurance from the Minister that where a category 1 and/or a category 2 pollution incident has occurred, the management of the offending water company—including the CEO, directors and senior officers involved in decisions in respect of controlling pollution—will be prevented from receiving any bonus or other performance-related pay enhancement to their basic salaries. It is unacceptable to the public for those in a very senior position in sewage and water companies to be rewarded over and above their normal salary for allowing sewage and other pollution to take place and not to have taken any steps to rectify the situation in a reasonable timeframe.
On Amendments 1 and 5 in the name of the noble Duke, the Duke of Wellington, environment groups have expertise to give to the water industry, but they should sit on boards. Consumers would also have a voice on boards. On our Benches are Peers who have in the past sat on water boards and contributed positively to their debates. This is a good and positive way forward. We support environmental groups and consumers being on boards and not being sidelined.
Amendments 2 and 8 from the noble Lord, Lord Cromwell, are about reporting. Amendment 2 would set up annual reporting on financial restructuring, including debt levels. This would seem a sensible way to ensure that the sewage and water company was aware of its business. However, Amendment 8 would involve others in the work of the authority, which is likely to become a bureaucratic nightmare. I have in a previous life sat on such bodies and found them to be unproductive and ineffective—I am sorry. Expectations of the civil society representatives will be high, sometimes with little understanding or knowledge of just how long it can take to implement what may often seem like a trivial matter.
Amendments 4, 7 and 10, from the noble Lord, Lord Remnant, do not align with our Amendment 9 and therefore we do not support them. However, I am conscious that whatever penalties the Bill hands out to directors and CEOs of water companies, they have to be proportionate, or it will be difficult to recruit people with the necessary expertise to sit on the boards of sewage and water companies.
Amendments 11 and 58 from the noble Lord, Lord Roborough, would introduce an SI into the legal framework. SIs are a favourite tool of Governments to get the detail of legislation in place. They tend to get somewhat divorced from the original Act that they refer to, but the timeline proposed here should mean that the original Act will still be fresh in peoples’ minds.
Amendment 57 from the noble Lord, Lord Sikka, is, I fear, unworkable. I know from previous debates that he and the noble Baroness, Lady Jones of Moulsecoomb, would prefer to be debating the renationalisation of water and sewage companies.
The Government have indicated that this is not going to happen. The amendment is an attempt to bring forward a different model of governance. The proposal is for 25% of board members to be chosen by local authorities. Local authorities are struggling with social care, looked-after children, education and people with learning disabilities. They certainly do not need this added to their “to do” list.
I look forward to the Minister’s response to this group of amendments, particularly Amendment 9.
(1 month, 2 weeks ago)
Lords ChamberMy Lords, I will speak to three amendments in this group: Amendments 97, 98 and 99. This weekend saw tens of thousands of people marching for clean water in London. It was the most amazing event. It was a chance for me to speak to people who agree with me—as opposed to being here in your Lordships’ House, where not many people agree with me.
(1 year, 8 months ago)
Lords ChamberI thank the noble Lord; ambitious is good.
On Amendment 226, we need to define “mitigation” and “adaptation” in relation to the Climate Change Act 2008, because that Act’s target is again 2050, and we cannot risk any council plans that seek to achieve net zero sooner.
Moving on to hedgehogs, I think that everyone that I have mentioned this to today is so supportive of holes in fences and hedges for hedgehogs. I am really pleased about that because hedgehogs are an indicator species, which means that we can monitor what is going on with other ecosystems because of hedgehogs. If they become rare or even extinct, it will be harder to track damage to ecosystems and the environment. They indicate the health of the environment and of nature as a whole. The State of Britain’s Hedgehogs 2022 report found that numbers are down in rural areas by between 30% and 75% since 2000. Clearly, we have a problem here. Globally, hedgehogs are of least concern, but here in the UK the population is now classed as vulnerable. Therefore, I beg everybody to support this tiny but important amendment.
On Amendment 273, in the name of my noble friend Lady Bennett, I am delighted that it is being supported by Labour, which has an amendment to that amendment. I personally have been talking about this since I was elected in 2000, and I do not know why it is still not understood. All buildings have a carbon content and when you destroy them, when you knock them down and throw the debris away, you are wasting carbon and you are then generating more carbon by replacing them, so, please, something along these lines must go into this Bill. I do not understand why the Government have not woken up to that yet.
On my Amendment 293, I really wish I had put something in, after the hedgehogs, about swift habitats. There are real concerns about the swift population in Britain. Obviously, preserving and enhancing habitat has a big impact on all birds, but particularly swifts. They arrive in the UK during the summer, lay their eggs and incubate them here. They like to live within houses and churches, and they need spaces to get into nesting sites. A lot of developers are now using swift bricks with little holes, which allow swifts spacious housing very safely within houses. Also, we can retrospectively put swift boxes up, which can do the same. Swifts play a crucial role in controlling insect pests, for example, so we need to support them. Numbers have plummeted, with a 53% decline since 2016, which is very disturbing. The Labour council in Ealing is doing its best to develop a site that has got a lot of swift habitats, so I would be grateful if any noble Lords who know anyone on Ealing Council could point out to them how destructive this is and that they should not be developing an area which swifts desperately need in London.
Of course, you need ecological surveys. Most noble Lords here care about nature, and if you do not know what nature is there, then you do not know whether you will disturb it or damage it in any way. A survey is basic to everything that is part of development of any kind. I thank your Lordships for listening.
My Lords, I declare my interest as a vice-president of the LGA. I apologise for my late arrival at this debate, and for missing some of the comments of the noble Lord, Lord Lansley.
I wish to speak in support of Amendment 293 in the name of the noble Baroness, Lady Jones of Moulsecoomb, to which I have added my name. The noble Baroness, Lady Jones, introduced her amendment clearly. I fully support the introduction of ecological surveys taking place prior to planning applications being submitted, and mitigating measures taking place. Having been a member of a county council for 20 years and a district council for 10 years, I am only too well aware that the information provided to councillors taking planning decisions is often very sketchy and sometimes non-existent. Proposed new subsection (2)(a), (b) and (c) is extremely important to ensuring success in preserving vulnerable species of both animals and plant. Proposed new subsection (2)(d) should be absolutely the last resort: offsite mitigation should be avoided at all costs, and considered only after all other avenues for mitigation onsite have been exhausted.
(3 years ago)
Lords ChamberMy Lords, when I was a child and my parents stopped me doing something I would say “That’s not fair” and they would say “Well, life isn’t fair.” I would argue that this House is where we can make life fairer and obviously Friday releases are not fair. I congratulate the noble Lord, Lord Hodgson of Astley Abbotts, on persisting because this is an injustice, and it is a relatively small fix—I would hope.
I understand the point about consultation, but we all know that it is not fair. This amendment is a simple practical solution to the problem. The noble Lord, Lord Hodgson, said “What’s not to like?” There is something not to like: it gives Ministers discretion, whereas I think that they must implement these schemes, so I am less giving than the amendment.
If you want to be tough on crime and want that to be your legacy, you have to break the endless reoffending cycle and give people the best opportunity you possibly can to reintegrate with society. Friday releases are the polar opposite of that. They make life much harder for released prisoners before they have even got on their feet. It is obvious that this has to change.
My Lords, I raised the issue of Friday releases at Second Reading and in Committee. I thank the noble Lord, Lord Hodgson of Astley Abbotts, for pursuing this issue now we are on Report. I agree wholeheartedly with his remarks. I was encouraged in Committee by the number of noble Lords who supported this amendment.
Some prisoners are lucky in that their families keep in touch with them while they serve their sentences. This means that on release they have somewhere to go. Others find that their friends and family no longer wish to be associated with them. It is not for me to comment on this aspect. It is those without support mechanisms on the outside that this amendment seeks to assist.
I will not repeat the remarks I made in Committee but just say that even the most well-organised and enthusiastic local authority housing department will have difficulty finding a suitable place if someone turns up at 3 pm on a Friday afternoon looking for accommodation. A roof over their head may be found but it may not be suitable due to previous difficulties such as drug and alcohol addiction. They may have been able to get themselves off their addiction during their time in prison but finding themselves in an overnight hostel on their release is not conducive to maintaining their willpower to remain clean and sober, or to their rehabilitation.
We are not suggesting that a definitive release date is suggested at the time of sentencing; that would be wholly inappropriate and unreasonable. But we are suggesting that prison governors should have discretion over the final days of the sentence so that the release date is not on a Friday, weekend or bank holiday for those without friends and family to support them, and that local authorities can be notified when someone is due to be released who may not have accommodation to go to. This seems to be a very reasonable way of ensuring that those released from prison have the best possible chance to keep their life on track and move forward positively. The prison strategy is welcome but waiting two years before tackling this issue of Friday, weekend or bank holiday releases is unacceptable.
(3 years, 3 months ago)
Lords ChamberMy 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.
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.
(3 years, 5 months ago)
Lords ChamberMy 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.
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.
(4 years, 3 months ago)
Lords ChamberMy Lords, this is indeed an excellent amendment. I congratulate the noble Baroness, Lady Jones of Whitchurch, and the other noble Lords who signed it. It would make a fantastic improvement to the Bill and to the future of our farming industry because it takes such a wide-ranging and holistic look at the agriculture and land management workforce, including training, mental health, financial health and, of course, affordable housing. Affordable housing is hard enough to find anywhere in Britain, but on the land it is even harder.
Noble Lords know that the Bill represents quite a sea change in our approach to land management and is an opportunity to craft a much greener future. We need to train and develop what one could call a new land army to seize this opportunity. The future needs new skills, new knowledge and a new passion for our natural world. Without a workforce plan we will fail to deliver the intended changes, so I think the Government should embrace this opportunity and accept the amendment.
At the very least, the Minister should undertake to conduct a broad and far-reaching workforce review and planning process. I know that we keep asking for plans for definitive actions but they really are necessary and they are so lacking in the Bill. In particular, what conversations has the Minister had with colleagues in the Home Office about the post-Brexit migration system and the availability of highly motivated people from all over the world who would like to come to Britain to contribute to what I hope is going to be our greener farming system?
My Lords, it is a pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb. I have added my name to Amendment 70. The noble Baroness, Lady Jones of Whitchurch, laid out the case for it very well and I support her comments.
Both at Second Reading and in Committee, Members of this Chamber raised the issues of the safety of agricultural workers and their access to training. Despite safety measures, it is not uncommon for farmers to have fatal or life-changing accidents during the normal course of their working day. The noble Baroness, Lady Jones of Whitchurch, referred to the levels of mental illness and suicide among the farming community. Training is important to help prevent this, and it is vital, too, to ensure that new methods and technological advances which could make their lives easier are also readily available.
(6 years, 7 months ago)
Lords ChamberMy Lords, I support Amendment 40 in the name of the noble Lord, Lord Trees, to which I have added my name. We had a very full debate on this in Committee, and the issue was also debated at length in the other place, so I will not rehearse previous arguments.
The Government have made a commitment to the intentions behind Article 13 of the Lisbon treaty and have brought forward a draft animal welfare Bill, which went out to consultation, as the noble Lord, Lord Trees, said, on 12 December last year. The consultation closed on 31 January this year. I understand there were 9,000 responses, many criticising the Bill for its lack of breadth and for being open to possible misinterpretation. I can sympathise with those who made such comments. The consultation document consisted of 20 pages, only two of which were the actual Bill. When I read it, I found it hard to believe that the Government could be using taxpayers’ money on such a pathetic draft Bill.
Secondly, a huge amount of parliamentary business will need to pass through both Houses to underpin the Brexit Bill and ensure that legislation does not fall through black holes. This means that it would be wiser and safer to enshrine this amendment in the Bill at this stage of its passage.
Much discussion has taken place on what “sentience” means. The RSPCA, a widely respected and trusted organisation, defines it explicitly as,
“the capacity to have positive or negative experiences such as pain, distress or pleasure”.
While the Government’s animal welfare Bill 2018 was originally to be welcomed, it did not go far enough and leaves a gap in legislation. It is important that the UK is able to achieve trade agreements in livestock and livestock products with the countries of the EU and the rest of the world. In order to achieve this, the public and the farming community will seek reassurance that animal welfare has not been compromised by Brexit. They will need this reassurance now and certainly next year.
I understand that the Minister has hinted that the Government might bring forward a second draft animal welfare Bill. Is he able to give a commitment that this will be before 29 March 2019 and that the new draft Bill will have considerably more substance than the last one?
The Minister must be aware of the depth of feeling and concern around this subject among the public, interested businesses and organisations throughout the UK. Now is the time for him to concede that animal welfare is a key issue and to support this amendment. If he is unable to do so, I and my colleagues on the Liberal Democrat Benches will support the noble Lord, Lord Trees, in the Division Lobby.
My Lords, I shall speak in support of Amendment 40, to which I have attached my name, and will also be speaking to my Amendment 41A.
The two amendments are complementary. Amendment 40 addresses some of the objections raised by the Minister in Committee and helps to bridge a gap in the current law and in the law that the Government may wish to see in their future Bill—a Bill that seems to be receding further and further into the future. Amendment 40 helps us to move towards the ideal but Amendment 41A follows up as a backstop to ensure that at least we do not lose what is already there. The Government cannot say that Amendment 40 goes too far and that Amendment 41A does not go far enough. In the absence of their own Goldilocks amendment which sits happily in the middle, we believe that it is incumbent on them to introduce an animal welfare Bill as soon as possible, and definitely before Brexit day.
In Committee, the Minister responded to my amendment by saying that,
“the purpose of this Bill is to provide continuity by addressing any deficiencies in law as we leave the EU. It is not about improving EU laws that the Government think could be better”.—[Official Report, 5/3/18; col. 880.]
I completely agree, and that is entirely the purpose of my amendment. It is specific and limited: it does no more and no less than is required to achieve the continuity of this Bill.
I was surprised in Committee to see that the only Member of this House to speak against the amendment was the Minister. He said that the Government want to bring forward an animal sentience Bill which goes further than Article 13, which is what we are trying to retain. I am very glad that the Government want to do better. I too want them to do better—much, much better—but I am afraid that at the moment they are absolutely failing. They are failing to hear what is being said in this House and they are failing to hear what people outside this House want. People do not want a lessening of animal welfare. That would be totally against any British feeling about animals and how they are handled.
I ask the Minister whether the next steps for the animal sentience Bill have been published. I do not believe that they have. If not, what does the Minister think can be done in place of that Bill? I believe that the only thing that can be done is to agree to this amendment.