Food Prices: Agricultural Policy

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 18th March 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, noble Lords will remember, and as I have said, Section 1(4) of the Agriculture Act is precisely to ensure that financial assistance schemes are within that context, and it is the duty of the Secretary of State to consider food production. Our purpose is to ensure that there is healthy food for all to eat at affordable prices.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the Government’s ambitious plans to move farmers from direct farm payments to a system whereby they manage their whole business differently to deliver profitable food production and the recovery of nature must be a step in the right direction. However, as other noble Lords have said, we are currently seeing the queues at food banks increasing as people struggle to feed their families. Surely food prices are likely to rise and increase the cost of food for those on low incomes. The Government say they have strategies to deal with this but give no details. Can the Minister give some detail on how feeding those on low incomes will actually happen?

[Lord Gardiner of Kimble (Con) [V]]

There are two points. In the last year, food prices have fallen by 0.8% and, as I mentioned, there is the £280 billion of support. Obviously with a successful economy, recovery from Covid and more people returning to work, matters will improve. There will always be a safety net and that is why I mentioned that £280 billion has gone towards supporting the vulnerable.

EU: Fishing Industry Negotiations

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 4th March 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, again, I am interested in what the noble Lord has said because my experience, certainly at Fisheries Councils, is of strong collaboration between all the devolved Administrations. The Secretary of State has had regular dialogue with Fergus Ewing and that will continue, because we have a mutual interest in advancing the export and domestic consumption of excellent products from both Scotland and the rest of the United Kingdom.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, there is a balance to be struck between a thriving fishing industry and the conservation of fish stocks. The network of marine protected areas is at risk. Information from Greenpeace shows that destructive fishing boats spend hundreds of hours fishing inside places that are meant to be protected. While I do not condone the actions of Greenpeace, it is true that bottom trawlers and scallop dredgers are ripping up protected seabeds with impunity. What are the Government doing to correct this?

[Lord Gardiner of Kimble (Con) [V]]

We are ensuring through our sustainability objectives that all of the marine environment in the UK system is protected. That is what we intend to do, and that is why there were deliberations on the now enacted Fisheries Bill. We will be working on ensuring an improvement in our marine ecosystem.

Fishing Sector and Coastal Communities

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 25th February 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, we had many deliberations on sustainability during the passage of the Fisheries Bill. It is absolutely at the heart of the legislation, which is why we believe that there is compatibility between sustainable fishing and modernising and rejuvenating our fishing sector with new technology, new nets, REM and all the things we want to do. This is an important source of food, but the harvest needs to be sustainable.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, coastal and fishing communities are suffering extreme economic decline due to Covid. The Prime Minister’s exit road map will help tourist communities, but not as quickly as they would like. However, fisher men and women are in the depths of despair, as has already been said. They were promised prosperity but have received a slap in the face—especially shell fisheries. The Minister has given various figures on support, but how will this affect individual fisheries, especially in Cornwall?

[Lord Gardiner of Kimble (Con) [V]]

My Lords, the recent announcements are UK-wide. We want all coastal communities across the United Kingdom to benefit from these schemes and funds. We think that there is a strong future for the communities. They will command a lot of public support in terms of fiscal support, as I have described, and I am far more confident than I think the noble Baroness is portraying. There are difficulties, and we need to overcome them and advance.

UK Shellfish Exports

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 9th February 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con) [V]]

[Inaudible]—to Commissioner Kyriakides, because we want to restore the trade in undepurated live bivalve molluscs. That is the issue here. We think that the interpretation that the Commission has come to is not correct, and we wish to have discussions with the Commission about it. A 25% uplift in fishing opportunities is an important part of the trade and co-operation agreement, and we will be working on that. As the Government have announced, not only is there a £23 million fund for those who have been in difficulty in these early stages but we will invest in a £100 million fund for fishing over the next three years. There is a lot of promise and a lot of opportunity for British fishing interests and the shellfish industry as well.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is unfortunate for the Government that the BBC is currently screening its series on the Cornwall fishing industry, filmed last year. All see the dramatic effect on the Cornish crab industry of the withdrawal of the Chinese market, and now the EU is refusing to take its shellfish, which was previously acceptable. The Statement says that scallops are less affected than other bivalve molluscs. This is not the impression that I am gaining from the television coverage of the scallop fisheries in Scotland. However, can the Minister explain what the exact problem is with the class B waters around Wales and the south-west? If these waters were acceptable before 3 February, why not afterwards?

[Lord Gardiner of Kimble (Con) [V]]

The noble Baroness has hit on why we wish to have discussions with the Commission. It interprets the matter as being one of public health. The point is that all molluscs exported from class B waters have to be depurated. That is undertaken by businesses near to the market on the continent, and it is on that we are seeking redress. The Commission made it clear in September 2019—and I can put copies of the correspondence in the House Library along with the letter to the Commissioner—that molluscs exported for purification can be certified. We therefore think that there is an issue that we need to clarify.

Genetically Modified Food

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 8th February 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

Let me be clear: our endeavours in this matter are for better regulation, not deregulation. We think that gene editing has considerable benefits for the natural environment but clearly on a precautionary basis we will be working to ensure that, case-by-case, there is an environmental assessment. We look forward to the responses in the consultation.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, organic farming has risen by 13% in the past year, but organic farms are at extreme risk of cross-contamination from genetically modified crops putting their own crops at risk. How does the Minister propose to protect organic farms from GM contamination?

[Lord Gardiner of Kimble (Con) [V]]

My Lords, organic farmers undertake a very important role in producing great products. There are regulations about these matters and the way in which GM crops are engaged in the environment, and they will continue.

Brexit: Farmers

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 2nd February 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

Not only at the end of the transition period but throughout this process, it is essential that farmers in this country produce very good food for the nation and for abroad, while working in collaboration to enhance the environment. That is our purpose throughout the transition and beyond.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, biodiversity is key to ensuring the success of ELMS and the Government’s whole strategy, as set out in the 25-year environment plan. There is, however, no clear rationale for how ELMS will provide financial recompense for those farmers changing from the countryside stewardship scheme to that scheme. Can the Minister now provide some badly needed clarity to reassure farmers?

Environmental Land Management Schemes

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 14th December 2020 Lords Chamber

[Lord Gardiner of Kimble (Con)]

My Lords, I am a supporter of pastoral farming and can certainly confirm that the work we are doing, particularly the national pilot and the tests and trials, is to ensure that the payments will be fair but also attractive for farmers to take up on a wide participation. Clearly, our environmental goals cannot be achieved unless there is wide participation.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the Government are rightly setting great store by the environmental land management scheme to protect and enhance the countryside, and to increase biodiversity. However, the NFU has begun a surreptitious campaign to relicense the use of neonicotinoids on farmland. This tactic is not likely to encourage the public to support the NFU’s “Back British Farming” campaign. Does the Minister believe that the NFU campaign is in line with the government’s ELMS biodiversity agenda?

[Lord Gardiner of Kimble (Con)]

My Lords, as to any consideration in emergency cases of neonicotinoids, we are always guided by the best scientific assessment available. We will continue to do that and if there was an emergency application, it would be considered according to the science. Obviously, integrated pest management and all those things is another area where advancing the environment is absolutely key.

Agricultural Transition Plan

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 8th December 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I welcome the Statement on the agriculture transition plan. There is much to be commended in the document, which sets out some of the detail that was absent from the Agriculture Bill. However, it is clear that many aspects of the plan are still in a state of flux and are being worked out as the implementation begins.

The document covers the period of 2021 to 2024, although the changeover from direct payments is scheduled to run for seven years. Farmers have been heavily dependent on area-based subsidies and it is welcome that these will reduce on a gradual basis. Next year, the reduction in basic payments of £30,000 will be 5%, followed by a further 15% reduction in 2022 and 2023, and 50% by 2024. For those with payments of over £150,000, the reduction will be 70% by 2024. This is a significant reduction and it is unclear whether it will be replaced by the three components of the Environmental Land Management scheme, especially since the landscape recovery component will not commence until 2024.

Can the Minister reassure us that farming incomes, which will become increasingly dependent on environmental measures, will be capable of sustaining both farmers and their families? I welcome the fact that all farmers will be eligible to apply for the first component of the sustainable farming incentive scheme. This is a step in the right direction in order to gradually introduce some farmers to the Government’s environmental agenda. However, there is no detail of how this will reward family farmers financially. The move by the Government to make all farms financially viable by the end of the transition period will need to be monitored very carefully, as some will see it as a leap of faith in the dark.

There is considerable mention of the environmental measures for which the Government will provide payments, including establishing animal health and welfare pathways. However, there is very little in the document that relates to food. Moving farmers from their previous way of working to a new environmental basis will be successful only if they are also able to produce food, whether in the form of animals or horticulture. Does the Minister agree that food production needs to be at the forefront of the reason for agriculture?

I welcome the scheme to help farmers who wish to exit from agriculture. Can the Minister give details of what the payments will be for this section of the scheme? Will it be funded from the £1.8 billion earmarked for agriculture over the next three years? Can he give reassurances that the land and farms thus released will be reserved for new entrants into farming? If the Government’s aim to transform our agriculture is to be realised, it will be vital that new entrants are given first preference for the farms of those who are exiting the sector.

The Government are clearly still at the development stage of their thinking on environmental land management reforms, and they promise to adapt the components as they go along. If some do not work, they will be altered and amended to improve them. This is to be welcomed but it does not provide certainty for farmers. Farming is not a short-term activity; it takes planning ahead and capital investment. The Government are looking to the private sector to help to finance some of their components, but the private sector is unlikely to come forward if it feels that the Government may be likely to move the goal- posts half way through the scheme. Can the Minister give reassurance that the three components of the Government’s agriculture policy will be fully tested before farmers are asked to commit their livelihoods to them?

The Government expect the environmental land management scheme to deliver the benefits of England’s peat strategy by paying for sustainable peatland management and restoration. Can the Minister provide the House with some more detail on exactly how and when that will be achieved?

I turn to the tree health pilot. It is vital that we protect our iconic trees from pests and diseases, which have decimated our hedgerows and forests in the past. There is evidence that huge numbers of saplings have been planted without any real sense of how they will be cared for and nurtured into adult trees. Can the Minister give reassurance that the thousands of trees that the Government quite rightly want to see planted will be the correct indigenous species to the area in which they are planted? As many as possible must survive to become the forests that the country will need to reach its zero-carbon targets.

I welcome this transition plan and look forward to more detail of the schemes to come, and to the Minister’s response.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I declare my farming interests, particularly—as the noble Baroness, Lady Jones of Whitchurch, referred to—in a family farm. I therefore understand the importance of more detail. I also understand that change can be daunting, and therefore the importance of advice and guidance on what is a partnership. This will work only if the Government and other bodies working with landowners and farmers of all tenures and sizes, across the country, work together.

Although I am not permitted to repeat the Statement, I will say that my honourable friend the Secretary of State said:

“We want this to be an evolution, not an overnight revolution. That means making year-on-year reductions to the legacy direct payments scheme and simultaneously making year-on-year increases to the money available to support the replacement schemes.”


In a sense, that is my first response to the point about reallocation. It is very important that that is seamless. The first reduction is 5%, which is in the scheme because, very often, there are currency exchange rate fluctuations. That is precisely why, when it comes in in December 2021, there will be a range of other schemes and so forth, which I will elaborate on.

Among other things, there is more detail to come because it is absolutely essential that we co-design all of these schemes with farmers—the people who are going to have to work through them. That is why, picking up the point of the noble Baroness, Lady Bakewell, on new entrants and retirement, we want to co-design these schemes so that they can enable farmers who wish to retire to do so, but we also want to get it right for new entrants. The new entrants support scheme will therefore be developed as a co-design. We are working with organisations that have the capacity and interest to provide lasting opportunities; we want this to be a success to support the next generation. We will support the development of the detailed eligibility criteria through a consultative co-design process, starting by the end of 2020 and concluding by September 2021, with a view to introducing a scheme in, for instance, 2022.

It is very important to say that this is money within the agriculture budget, and it will be retained as part of the work that we want to do. It is money that we promised through our manifesto pledge and we will retain that amount of money.

The issue of uplands has obviously come up in our consideration of the Agriculture Bill. As I have said before, upland farmers are very well placed to benefit from environmental land management, which is going to be very important. In addition to other policies proposed in the agricultural transition plan, we are proposing a specific and time-limited package to support farmers and land managers so they can work with protected landscapes to deliver environmental outcomes. This scheme will deliver funding through the protected landscape bodies to support farmers—particularly upland farmers, 75% of whom live and work in protected landscapes —to make improvements in the natural environment and cultural heritage.

Clearly, long-term financial support under the productivity schemes, in reference to the farm investment fund, will be very important in incentivising and supporting the purchase of equipment, technology and infrastructure—for example, the farm equipment and technology fund and the farming transformation fund. We will work to help with on-farm water storage infrastructure precision. Agriculture equipment is also going to be so important in reducing chemicals and the impact on the environment.

Again, I emphasise the importance of food production, which will be an absolutely essential part, and will remain so, of this dual purpose. With 70% of land farmed in this country, we need to ask farmers to produce excellent food for us at home, and that will be assisted by the productivity grants that will start to come in next year. Work is under way on that and on ensuring that, in the long term, there is a very strong business profile for the production of food. If we remember, the fair dealings provisions that we worked on together also play their part in ensuring that farmers get a fair price and a fair deal for their products.

I think that the interconnection of the environment is an important feature. There are three components. We want a large proportion of farmers to join the sustainable farming incentive early on, as part of moving to the full rollout of ELM in 2024 and, before that, to national pilots. It is all to engage farmers in that work.

It is absolutely right to also mention the work that we are going to undertake on the tree health pilot. Again, eligibility is still under development. We know that we all benefit from trees, woodland and forestry. Eligible participants will be invited to apply for the pilot based on confirmation by the Forestry Commission of pest and disease issues on their land. If a land manager is eligible for a countryside stewardship tree health grant, they are unlikely to be eligible for a tree health pilot. We want to ensure that this makes a contribution, as all the ELM points are about more tree planting.

A point was made about the internal market. Another important element of the United Kingdom Internal Market Bill is that it will guarantee that companies can trade unhindered in every part of the UK. I have to say again that that Bill will not lower standards. The UK has some of the highest and most robust standards on goods in the world.

We have a strong future for agriculture and horticulture in this country, which have a dual purpose of food production and enhancing the environment. The work and responsibility of Defra is to ensure that farmers have the detail of the schemes. That is why work is already under way on codesigning them. Farming has a strong future, which we must ensure.

Rural Economy

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 26th November 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the County Councils Network has recently conducted work on the effect of Covid on the decline of the rural bus network. The Government are committed to a rural bus strategy, but will the Minister give assurance that consideration will be given to providing a range of passenger transport services to provide positive benefits to residents in rural areas?

[Lord Gardiner of Kimble (Con)]

My Lords, the Government have provided £220 million of new funding to support a better deal for bus users. This includes £20 million for the rural mobility fund to trial new on-demand services and to improve existing services in rural and suburban areas.

Farming: New Entrants

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 23rd November 2020 Lords Chamber

[Lord Gardiner of Kimble (Con)]

My Lords, one of the reasons the Government are reforming post-16 technical education to provide clearer routes into skilled employment in agriculture and other associated sectors is precisely to address the point the noble Lord has made. The other issue, as I will repeat, is that we want councils to retain and invest in their farm estates and for other landowners to take the opportunity of the new entrant scheme that we are developing because we think that this is a positive part of the future in agriculture.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, with the changes in funding arrangements for farmers, many of the older generation are thinking about retirement, and ensuring that there are plenty of opportunities for the younger generation to take over these farms will be essential. How are the negotiations promised during the passage of the Agriculture Act for nieces and nephews to take over farms is progressing? If nothing has happened so far, can the Minister update the House on when this will take place?

[Lord Gardiner of Kimble (Con)]

My Lords, so far as tenancy agreements are concerned, our first priority is to bring forward the regulations that are required following the Agriculture Act 2020 into modernising those areas of the tenancy regime that we think will be very productive. Once we have done that, working with the Tenancy Reform Industry Group, which engages with all parties, will enable us to bring forward any other changes with consensus.

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Tuesday 20th October 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Boycott. I am grateful to the noble Lord, Lord Whitty, for re-tabling his Amendment 11B as Motion C1, with some modifications. This is a really important issue. Unless they are extremely foolhardy, those who are spraying pesticides have protection in the form of personal protective equipment and respirators, and they will be in filtered tractor cabs during their work. Rural residents and communities have absolutely no protection at all from the cocktail of toxic chemicals sprayed on nearby crops.

We have in past years not acted on harmful substances being used in agriculture until it is too late for some people who have suffered extreme health problems. I am grateful to the noble Earl, Lord Caithness, for mentioning sheep-dip, and to the noble Countess, Lady Mar. Now is the time to make this change. The other place did not feel that it was necessary, saying that existing legislation was protection enough. I do not agree. The 2009 European regulations on pesticide use have not yet all been implemented. Those relating to dwellings are not scheduled to be carried over after 1 January next year. The Government are now quoting the Food and Environment Protection Act 1985 to deal with the gap. That legislation is 35 years old and had not been referred to during previous stages of the Bill, nor in discussions with officials. At the same time, there is evidence of serious harms from pesticide chemical exposure resulting in out-of-court settlements due to cancers.

This proposed new clause is crucial for securing the protection of rural residents and communities from agricultural pesticides, especially the most vulnerable groups, such as babies, children, pregnant women, the elderly and those who are already ill or disabled, none of whom should ever have been exposed to these toxic chemicals in the first place. The petition to the Prime Minister and the Defra Secretary calling for this proposed new clause to be included has over 12,000 signatures, the majority of which are from affected rural residents. The petition has been supported by several prominent figures including Hillsborough QC Michael Mansfield, the Prime Minister’s own father Stanley Johnson, Jonathon Porritt, Gordon Roddick and the Defra non-executive board member Ben Goldsmith, among others.

All the arguments have been made previously. I remain convinced that this amendment should be on the face of the Bill as the only way to properly protect the public. If the noble Lord, Lord Whitty, wishes to test the opinion of the House, we will support him.

I turn now to Amendment 17B proposed by the noble Baroness, Lady Jones of Whitchurch, in Motion F1. Again, the ethos of the amendment has been thoroughly debated in all previous stages of the Bill. This is a matter which has moved rapidly up the political and non-political agendas. The country has signed up to the Paris Agreement, and the Committee on Climate Change has thrown its weight behind moving towards achieving the country’s 2050 target. As I have previously said, an interim target of 2030 is vital to monitoring progress and ensuring delivery. Agriculture has an important part to play in reducing emissions.

I have not yet read the Government’s response to the Committee on Climate Change, but I am very disappointed by the news that the noble Lord, Lord Krebs, has brought to us about what it says. It is not just we unelected Lords who are concerned about this; the public are very concerned about climate change and the effect it is having on our land and shores. Sir David Attenborough wants us to act; the Duke of Cambridge wants us to act. We must act to give a strong message to the Commons that they must act now—not in 40 years’ time, but now. This amendment should be on the face of the Bill.

[Lord Gardiner of Kimble (Con)]

My Lords, I am grateful for the opportunity to cover these important points in a little more detail. It has been a very interesting debate. I start by referring specifically to Amendment 11B. I have already set out that the Government have the powers we need to maintain and develop appropriate regulations. I raised the 1985 legislation only because there was concern in your Lordships’ House that there was a gap. I have made it very clear that there is no legislative gap, and indeed there is scope for the Government to act through that legislation. I thought it was only responsible to raise that as the noble Lord, Lord Whitty, and the noble Baroness, Lady Finlay, had suggested in a meeting that there might be a gap. I was doing what I thought was my best endeavours to advise your Lordships that there was no legislative gap.

Before answering some of the questions, I should also say that the Government are committed to the continued development of the regulatory system for pesticides. We will therefore be consulting later this year on a comprehensive update of our national action plan. I think that the noble Baroness, Lady Jones of Whitchurch, was seeking reassurance on that point. There is continuing work. I say to noble Lords that I think the work undertaken by the noble Countess and others is the reason why certain pesticides which were previously used are no longer authorised. That is the point of the system. I was surprised to hear my noble friend Lord Caithness refer to Defra scientists. The Health and Safety Executive is an independent regulator with over 40 years’ experience. Those are the people who we rely on. I am not a scientist, and I think that we all rely on that specialism. As the noble Lord, Lord Carrington, mentioned, no pesticide is allowed on to the market unless the scientists are satisfied that it poses no threat to the health of those living near farmland where it might be applied. I repeat that that assessment process applies to all new pesticides and the safety of existing pesticides and is regularly reviewed.

I should also say, because I have looked into pesticide monitoring, that there is very considerable monitoring, including the National Poisons Information Service and the Wildlife Incident Investigation Scheme. The pesticides usage survey monitors the use of each pesticide chemical on each crop. Those schemes collect and consider information on possible incidents. In particular, the National Poisons Information Service collects inquiries and reports from medical professionals and reports its findings. Those are considered by the Health and Safety Executive and the UK Expert Committee on Pesticides to see whether there are implications for particular pesticides or for the regulation of pesticides in general.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I thank the Minister for his introductory remarks, and for his briefings and those of his officials. I support the contributions from the Floor of the House asking to elevate him to the role of Secretary of State for Agriculture in our Chamber.

We have heard some excellent contributions this afternoon. In his Motion E1, the noble Lord, Lord Grantchester, laid out the arguments for Amendment 16B, which addresses how the UK’s animal welfare, food and environmental standards will be protected in the negotiation of future free trade agreements. FTAs permit imports to be subject to conditionality based on animal welfare. We are nothing if not a nation of animal lovers. The Government have set themselves the goal of having the best animal welfare standards in the world. This is laudable, but action will need to be taken to ensure that this happens.

Earlier, we debated the previous incarnation of the Trade Bill, when the Government themselves proposed and passed an amendment ensuring that UK animal welfare and environmental standards would be protected in trade agreements. The noble Baroness, Lady McIntosh of Pickering, has referred to how standards can be changed during the statutory instrument process, and I agree that labelling is going to be vital. A broad range of NGOs and bodies representing the UK agriculture sector believe that the Government must protect our farmers and standards by requiring that imports meet UK standards. I support the amendment of the noble Lord, Lord Grantchester, which assists the Government to meet their stated aim of healthy, sustainable food for trade and communities, as he has indicated. There is a minefield to be negotiated here.

I now turn to Motion G1 and Amendment 18B, in the name of the noble Lord, Lord Curry of Kirkharle, whom I congratulate on his introduction. I was dismayed that the Government did not allow his previous amendment to be debated in the other place due to a technicality regarding the use of public funds. At no point during our deliberations in Committee or on Report was this raised as an issue. When the debate on the Lords amendments took place in the other place, although this amendment was not on the order paper, many MPs expressed support for its aim, as other Peers have said, including the noble Duke, the Duke of Wellington. The noble Lord, Lord Curry, has altered its wording, so let us hope that it will find favour with the other place and get an airing there.

British farmers work the land and stock; their animals are well looked after and the high standards that pertain here ensure that those purchasing home-reared products can have confidence in their produce. This amendment does not take away any of the power of the Government or the other place; in fact, the opposite is true. Sadly, I agree with the noble Earl, Lord Caithness, that the Government do not really “get” agriculture. The National Farmers’ Union fully supports this measure, which protects farmers from poorer quality—and, possibly, cheaper—imports slipping in under the net of protection that British farmers operate under. The NFU’s petition has attracted over a million signatures, as others have referred to.

While we welcome the Government’s move to set up a Trade and Agriculture Commission, this had a very limited life and no legislative basis at all. It was not independent of government and had no teeth to implement its findings, as others have so eloquently said. It would also have reported long before the move from the basic payments scheme to the environmental land management scheme had become fully operational. The transition of farmers from one scheme to the other is a source of anxiety among the agricultural community. The pilots that are currently running under ELMS have yet to be assessed, and farmers are unsure what the future holds for them.

Amendment 18B would require the Government to report to Parliament on the impact of trade deals prior to ratification, looking specifically at how food imports will be addressed under those deals and whether food produced to different standards will be allowed under their terms. This is important to ensure that our farmers are not undercut. It would set up the Trade and Agriculture Commission on a permanent basis, instead of as a non-statutory body, currently due to be disbanded in January 2021, and it will require the Government to consult fully on these powers.

What we have before us is a compromise, but it is a fair compromise, ensuring we safeguard our standards in future trade deals. It will not impinge on the primacy of the Executive in negotiating trade deals. It gives parliamentarians an important say on whether those final deals are in the interests of the British people before they come into effect. Surely, this is a key role of Parliament.

If we are to enter into trade agreements that do not meet the Government’s manifesto commitments on environmental standards and animal welfare, where are we? When the noble Lord, Lord Curry, divides the House, the Liberal Democrat Benches will be supporting him fully.

[Lord Gardiner of Kimble (Con)]

My Lords, I thank all noble Lords for a far more extensive debate, in terms of numbers, than I had imagined. It adds to the many other debates that we have had on this matter over the past months.

Some noble Lords could get me into considerable trouble, so I say, emphatically, that I work for an exceptional Secretary of State. Obviously, I do not take these things personally. Like many other Ministers with farming interests—I should also declare my membership of the NFU—I understand agriculture, because I come of farming stock. I understand the mindset of so many farming families and communities at this time. My noble friends Lord Lansley and Lord Cormack I hope knocked on the head the issue of financial privilege. I mention particularly to the noble Baroness, Lady Bakewell of Hardington Mandeville, that this is the procedure. My noble friends who were in the other place know this. I do not want any noble Lord to think that the points raised were not of interest, but simply to understand why it is as it is.

I get the mood of the House and, I imagine, the mood beyond it, but hope that some of the detail in my opening remarks and in what I say now will ensure that whatever the differences, we are all in agreement about the necessity and desirability of maintaining standards. I will not repeat, as I have on other occasions, the legal import requirements that we already have. We have import rules on antibiotic growth promoters in domestic law. I am sure that the noble Baroness, Lady Boycott, knows that, but the implication was that this may not be part of our domestic law. To put the record straight, it is, and therefore the points that she made would relate to our import rules.

We have yet to explore fully the opportunity of trade across the world for British agriculture and horticulture. When I say “British”, I mean across the United Kingdom. England has a very strong agricultural sector, but my goodness, it is very strong in Wales, Northern Ireland and Scotland too. I say this to the noble Lords, Lord Empey and Lord McCrea.

My noble friend Lord Cormack rightly mentioned producing food at home, but when I speak to my noble friend Lord Grimstone, the opportunities for producing British food and drink across the United Kingdom for export are what he is so keen to grasp. As I have said before, some of the debate that we have had in this House has, on balance, been determined that everything will be grim, whereas I see considerable opportunities for British agriculture and horticulture.

I set out the range of rigorous processes that ensure full input into trade deals and to allow them to be effectively scrutinised. Our overall approach to scrutiny goes well beyond that of many comparable parliamentary democracies. The noble Baroness, Lady Bakewell, referred to a key role of Parliament. Parliament has enormous input and scope to say “No”. All treaties that require ratification are subject to scrutiny procedures under the CRaG Act 2010. Any legislation required to give effect to our FTAs must be scrutinised and passed by Parliament.

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I have added my name to this amendment in the name of the noble Baroness, Lady Jones of Whitchurch. All noble Lords who have taken part in this debate have spoken passionately and knowledgeably on the subject of climate change. The noble Baroness, Lady Jones of Moulsecoomb, believes that a real plan for how to move forward is essential, but the Government have no vision on how to achieve this.

Unlike many of your Lordships, I am not an expert, but I can see all around me the signs that the planet is warming, and this is having a detrimental effect on all of us. Farming is often blamed for contributing to climate change, and certainly it does not help, but the blame cannot be laid entirely at the door of farmers. We are all responsible and have our part to play in reducing carbon emissions.

The target of 2050 for the reduction of our emissions is far too far away. In order to monitor our progress as a nation, an interim target of 2030 is essential. Agriculture and the NFU have estimated that they will be able to achieve their net zero target by 2040. It is a pity that the Government cannot follow this example.

The noble Lord, Lord Randall of Uxbridge, referred to the burning of peat bogs, and I ask the Minister whether such a practice would qualify under the ELMS. The noble Lord, Lord Krebs, stressed how important it is to reduce our emissions by 2030, and I am sure we all agree. The noble Lord, Lord Inglewood, expressed concern around the debate on emissions that farmers need to respond to the problems before them, taking into account the economic consequences. He said that the rural economy is very fragile and that a degree of realism is needed.

As I have said previously, I will not be here in 2050, but my children and grandchildren will, as will the children and grandchildren of the majority of noble Lords taking part today. I will give just two very different examples of the effects of climate change globally.

I am lucky enough to have stood in the Maasai Mara very close to a white rhino. I was absolutely terrified and did not move a muscle. What a magnificent beast it was. Soon, if we do nothing, the 3,000 that are left out of the previous 65,000 will be gone. On a more parochial level, the bullfinch is one of my favourite birds and used to be seen in our hedgerows. This bird has all but disappeared from our countryside, and it is nearly five years since I saw a solitary bullfinch.

UK agriculture alone has not directly caused these two instances, but it has not helped. As the noble Lord, Lord Judd, said, we need to address this and have effective targets. Now is the time to take action; now is the time to set an interim target for 2030; and now is the time to stand up and be counted. I hope that the Minister is able to agree with this amendment and I look forward to his comments.

[Lord Gardiner of Kimble (Con)]

My Lords, I thank all noble Lords for their contributions to this very important debate on the noble Baroness’s Amendment 100. The first thing I would like to say is that I am most terribly sorry if a letter has not been attended to, but the messaging I have had is that, whatever the noble Lady decides, my door is always open and we can arrange meetings if there are—as I know there will be—continuing discussions on a range of things relating to climate change and agriculture. I want to put on record that I try my best to attend to correspondence and it seems that this one has slipped through the net—so I apologise for that.

This is a crucial matter and, as far as I am concerned, we must all work together on this. In June 2019, the Government amended the Climate Change Act to legislate for a target of net zero by 2050 and introduced carbon budgets, which cap emissions over successive five-year periods. The Government have set these as interim targets on the road to net-zero emissions. I am particularly interested in this matter, and I went through the noble Baroness’s amendment. The Secretary of State is already required to have due regard to the Government’s commitment to achieving net zero as set out in the legally binding Climate Change Act 2008, and in reference to the Paris Agreement on climate change.

The Committee on Climate Change advised that emissions reductions will be needed in all sectors to achieve the UK’s net-zero GHG emissions target by 2050. Targets are set by the Act, but we do not have sector-specific targets under it; this is true across all sectors and departments. The absence of legally defined sector-specific targets ensures that we can meet our climate change commitments in the most cost-effective way across the economy, maximising social and environmental benefits and mitigating damaging trade-offs.

In the United Kingdom, agriculture at this moment constitutes 10% of annual greenhouse gas emissions. I entirely agree that agriculture must—and I underline “must”—play its part in addressing this grave matter. I note, for example, the 2019 report from the Committee on Climate Change on achieving net zero, which says:

“It is difficult to reduce agriculture emissions to near-zero given the inherent biological processes and chemical reactions arising from crops, soils and livestock.”


Agricultural greenhouse gas emissions have reduced by 16% since 1990, with many farms using more efficient agricultural practices. My noble friend Lady McIntosh raised land-use change and forestry: all of these can continue to provide benefits in carbon sequestration. I would be the first to say that more needs to be done, and much more needs to be done.

I am obviously pleased about the ambition shown by many in the sector, including the National Farmers’ Union. Climate change represents a significant challenge. Indeed, the noble Baroness, Lady Jones of Moulsecoomb, quite rightly feels passionately about this matter, so perhaps the words “significant challenge” are a terrible understatement. This is a very grave matter that we need to address. However, I will say that there are great opportunities for the sector, and we will continue to work closely on this issue with the NFU and other leading stakeholders, including through the Greenhouse Gas Action Plan partnership.

Another point the noble Baroness made in her amendment was on the devolved Administrations. Agriculture is a devolved matter, as we all know, so each national Administration is responsible for their own policy to address climate change in the direction of agriculture. The nations are united in a desire to reach net zero and reduce emissions from agriculture. This can be seen, for example, in DAERA’s efficient farming implementation plan, or in the Welsh Government’s Prosperity for All publication that outlines their low-carbon delivery plan. We will work together across the union to ensure we are delivering a solution that will work for the whole of the United Kingdom. This includes agreeing common frameworks, which include a framework on the best available techniques for preventing and minimising emissions.

Defra takes a key role in supporting emissions reduction from agriculture and land use by providing scientific advice and evidence. This includes long-term breeding work to develop more efficient, productive and resilient crops and livestock, as well as research on more efficient feeding strategies for livestock. Such research includes the clean growth through sustainable intensification project, which is due to complete in November of this year. This research has been carried out alongside academics, government officials, stakeholders and farmers, and will outline productivity and land management options, as well as advice on actions and innovative technologies that will reduce emissions from agriculture. These options will be the most effective, best value for money and most feasible for the sector to action. This research has influenced, and will continue to influence, development of future farming policies such as ELM.

I am very pleased that Clause 1(1)(d) of the Bill already enables the Secretary of State to give financial assistance for the purposes of

“managing land, water or livestock in a way that mitigates or adapts to climate change”.

ELM will be the key delivery mechanism for this and a powerful vehicle for achieving goals set out in the 25-year environment plan, our net-zero target and commitments made in the Clean Growth Strategy. Schemes such as the productivity grant scheme, the Woodland Carbon Fund and the expanded Countryside Stewardship scheme will also contribute to emission-reduction goals alongside ELM. I agree with the point that my noble friend Lady McIntosh made: working with nature will be an increasing imperative and feature of our work.

As set out in the ELM policy discussion document published in February, it is proposed that tier 3 of the scheme should focus on delivering landscape-scale projects that can make significant contributions to national priorities such as net zero. This could include funding for afforestation, peatland restoration and wetland creation. We have proposed that the scheme should also incentivise environmentally sustainable farming through tier 1 and the delivery of locally targeted environmental actions through tier 2.

The provisions of the Environment Bill will bring all climate change legislation within the enforcement remit of the office for environmental protection, also known as the OEP. Under the robust governance framework established through the Climate Change Act, our independent advisers, the Committee on Climate Change, scrutinise government actions and hold us to account. The OEP will work closely alongside the Committee on Climate Change on climate issues, ensuring that their individual roles complement and reinforce each other.

The OEP is required to monitor the Government’s progress in improving the natural environment in accordance with the content of environmental improvement plans, the first of which is the 25-year environment plan, and—I emphasise—targets. It must produce an annual report on its findings. When undertaking this independent assessment of the Government’s progress, the OEP may consider that the Government could improve progress in meeting one or more of the goals within the 25-year environment plan. For example, this could include a recommendation that additional funding be provided to deliver the purposes set out in Clause 1 of the Agriculture Bill.

Having now been given a sight of her letter, I also say to the noble Baroness that Defra is not the only department responding to climate change. Reducing carbon emissions and enhancing the environment are priorities for the Government. Indeed, there is a new Cabinet Committee on Climate Change to oversee this effort and drive forward action across the whole of government. BEIS leads across government on climate change and net zero, and all departments are working to deliver. For example, DfT published the first phase of our transport decarbonisation plan in March 2020 and MHCLG aims to publish a heat and building strategy later this year. Next year the UK will host the vital COP 26 climate negotiations, and we are determined to use this conference to promote ambitious action to deliver the transformational change required by the Paris Agreement.

I looked very closely at the detail of the noble Baroness’s amendment. I think I have covered all the components of the amendment in terms of what the Secretary of State is already required under law to have due regard to in this matter. I have spoken of our work with the devolved Administrations, which again is imperative because there is no point us all spinning in our own orbits. This will need a collaborative approach.

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Thursday 17th September 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is a pleasure to follow the noble Earl, Lord Devon. This is a vital group of amendments covering food security, and I agree that the main purpose of our agriculture is to provide healthy, nutritious food. I welcome the Minister tabling amendments that require the first report on food security to be prepared before 25 December 2021, so long as it is a sitting day of both Houses. A further amendment requires reporting every three years. Others have tabled amendments pressing the case for more frequent food security reports.

I welcome the change in the Government’s position and thank the Minister for his introduction. I have added my name to Amendment 50 in the names of the noble Baroness, Lady Jones of Whitchurch, the noble Lord, Lord Judd, and the noble Baroness, Lady Bennett of Manor Castle. This is a similar amendment, which requires that the first food security report be laid within 12 months of the passing of this Bill. It is important that the first report on UK food security should be completed within 12 months of the implementation of the Act and every three years thereafter. The noble Baroness, Lady Bennett of Manor Castle, made a very powerful case for why it is important to get on with this matter. Food security is important to everybody in the country.

The noble Baronesses, Lady McIntosh of Pickering, Lady Ritchie of Downpatrick and Lady Boycott, and the right reverend Prelate the Bishop of St Albans would like this food security report to be produced annually. We are all concerned about the state of food security, as we should be. However, I appreciate that the production of this report will be bureaucratic and is likely to take a good deal of data collection. I wonder whether the production of a yearly report would create such an administrative burden that the information contained in it would be insufficiently detailed to be meaningful. I look forward to the Minister’s comments on this.

On Amendment 53 in the name of the noble Baroness, Lady Boycott, it is important that household food security is considered. At the start of the Covid-19 pandemic, we saw huge food shortages being experienced by households, including those of people working for the NHS who were unable to get to the supermarkets at a reasonable time. As we approach a second spike, food security will again come into focus.

I support the comments of the noble Earl, Lord Dundee, on the impact of importing animal feed specially grown in what were previously rainforests in Brazil.

It is a terrible thing to be hungry. We are one of the richest countries of the world, and we must have robust measures in place to ensure that we can feed our own residents. Food security targets are one way to monitor this, alongside an implementation plan to ensure that targets are met. I fully support the comments of the right reverend Prelate the Bishop of St Albans, and I support the Minister’s amendments and look forward to his winding-up comments.

[Lord Gardiner of Kimble (Con)]

My Lords, I should in the first instance have declared my farming interests, as in the register.

I am very grateful to all noble Lords for their contributions to this debate. I think there is a general feeling, even from those who would have preferred an annual report, that we have come to a good House of Lords consensus on this matter. I particularly want to acknowledge what the noble Baroness, Lady Jones of Whitchurch, said in speaking to Amendment 50, and all those who supported that amendment.

I turn particularly to what my noble friend Lady McIntosh and others said about Amendment 52. I understand the desire to publish yearly. We feel that it is very important to allow sufficient time to observe longer-term key trends from a variety of sources. We do not think that this would be as well met if it were necessary to publish reports each year. Producing reports at least every three years will allow proper consideration of trends from data. This is what we will put into statute, but if circumstances required earlier reports, of course we would produce them. That is why we very much feel that a report next year, given corona and, indeed, any other circumstances, will be very important.

Such trends may include, for example, the cost of food commodities; the sustainability of natural resources required for food production and supply; and the diversity of entry ports into the UK for food and drink imports. Some of these trends are slow-moving and do not change significantly year on year, but they may well do so over a longer period. That is where we must have that degree of analysis.

I say to all noble Lords, although I am particularly mindful of my noble friend Lord Marlesford, on the continuing work and vigilance, if there are issues of concern, I—and, I am sure, ministerial colleagues in the other place—would want to bring them before the House if there were certain crises. When there have been issues of concern, whether flooding or resilience because of Covid, we of course want to air them and bring them, in my case, before your Lordships. This is a particular point for the noble Baroness, Lady Ritchie: much data on food security will be available on an annual basis. Data that will be used in the food security report, such as the Government’s Agriculture in the United Kingdom, the Family Resources Survey and the Living Costs and Food Survey, are published and made publicly available annually. Of course, Defra officials routinely track to spot any unexpected or significant changes. That is all daily work. The reports required under Clause 17 will consider the data produced through these surveys, in addition to less frequently produced data, to provide deeper analysis to help us provide an accurate picture of the UK’s food security to support the development of policy for the future.

On the important matter of the topics to be covered by the food security reports, we shall draw on established statistics, such as those I have mentioned, but officials will also want to monitor new data sources and emerging issues.

On Amendment 55, I reassure my noble friend that the food security report will already cover—under Clause 17(2)(b), regarding UK availability and access—the capability of UK agricultural production of crops, livestock and fisheries produce. This will include the availability of inputs, such as animal feed products. I was very mindful of what my noble friend Lord Caithness said in embellishing on what we are seeing in certain parts of the world.

EU: Xylella Fastidiosa

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 8th July 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, we have increased investment in surveillance and inspection precisely for that reason. The United Kingdom has more protected zones for plant pests and diseases than any EU country. We are determined to enhance our environment, and clearly our future arrangements for sanitary and phytosanitary measures post the end of the transition period will be important as we increase biosecurity.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the effects of Xylella fastidiosa on our native trees and plants, including oak, plane and sycamore, could be disastrous. The Government have put in place stringent measures in an attempt to prevent the importation of the disease, often carried by the common froghopper. The Minister has given reassurances that these measures will not be weakened, despite pressure from the EU to do the opposite and allow some of its possibly infected olive and almond trees to be imported. Will the Minister say how long the UK can hold out against this pressure?

Fisheries Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Wednesday 24th June 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, like all industries, a vibrant fishing industry relies on a rotating workforce. Many families around our coastlines have been engaged in fishing for generations. Sons and occasionally daughters learn from their fathers and become part of the team. However, as we have heard, it is becoming increasingly difficult for new entrants and the under-10s to get a toehold in the industry and an allocation of quota to get started. The noble Lord, Lord Cameron, also pressed the case for fresh young blood in the fishing industry. The examples of Denmark and the Shetland Islands prove that it is possible to encourage new entrants.

For new entrants to feel confident that they can make a living out of fishing and for the under-10s to be able to put a roof over their heads in the much sought-after properties around fishing ports, quota will need to be reserved and increased to be allocated to this vital sector. The noble Lord, Lord Mann, asked whether the Government are happy for the profits of fishing to go to pension funds and shareholders or whether they want to support our coastal communities and young people waiting to move into fishing.

The noble Lord, Lord Grantchester, said in his introduction that this is a minor amendment for England only. When making amendments, the Secretary of State would consider the previous three years’ quota; it would provide a degree of certainty to new entrants and the under-10s. Fisheries plans should consider historic catch. The noble Lord, Lord Krebs, gave a graphic description of how the monthly quota system disadvantages the under-10 fleet. It is time for a change.

My noble friend Lord Teverson spoke about protecting our coastal communities. This amendment allows that to happen. Putting all our eggs—or fish—into the one basket of larger fishing vessels does nothing for our coastal communities. The noble Lord, Lord Hain, has drawn attention to the shellfish fisheries around our shores. These are largely small vessels, and most of their catch is sold to EU countries. He gave an excellent synopsis of how the Bill is likely to play out if no deal is agreed on Brexit.

If the fishing industry is to survive, it must be vibrant and have new entrants. The under-10 fleet must be a consideration in quota distribution and not be fobbed off with the scraps left by the deep-sea fishing fleet. I could not follow the logic of the arguments of the noble Earl, Lord Caithness; there will be no rush of new entrants unless they can be assured of receiving a quota to live on. I look forward to the Minister’s response, but if it is not sufficient, I will join others in the virtual Lobby.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Lord for his amendment, which seeks to ensure that, before making a UK determination, the Secretary of State must reserve a minimum quota in England for new entrants into the sector and for boats whose length is of 10 metres or less, commonly referred to as the under-10-metre pool.

The Government recognise the importance of encouraging new entrants into the fishing industry and are working on how best to work with industry to encourage new entrants as part of our future fisheries management regime when the transition period ends. I am particularly mindful of what the noble Lords, Lord Teverson, Lord Cameron of Dillington and Lord Krebs, said about this and of their experience in their Select Committee work.

We understand that the amendment is to be targeted at crew members who may wish to purchase their own boat or become a skipper. The Government recognise that if we want our fishing industry to flourish, we need it to be capable of regenerating and maintaining a succeeding generation of skilled and experienced skippers and crews. I think that is exactly what the noble Baroness, Lady Bakewell of Hardington Mandeville, was referring to.

However, it is important to understand that the challenge of encouraging new entrants is not just about the availability of quota. Depending on what they need to catch, new entrants may not even need quota, as not all species are covered by the quota system. This includes what in normal times are profitable species, such as shellfish, which were mentioned by the noble Lord, Lord Hain. While a quota may not always help, these new entrants would need capital investment to meet the costs of vessels and fishing gear. They would also have to secure a fishing licence, the numbers of which are limited as we must manage fleet capacity in tandem with managing quota and effort. We acknowledge that getting investment and securing a licence are significant challenges, and holding back a minimum share of quota would not help to overcome these. That is why, to answer the noble Lord, Lord Grantchester, Clause 33(1)(f) provides the powers to fund training for those who intend to become involved in commercial fishing or aquaculture activities. Obviously, that is important.

However, we must also remember that not all crew entrants are the same. The term “new entrants” can mean very different categories of people. In the industry, it refers not only to new boat owners, but also to new crew members for existing boats. These new entrants clearly do no need quota to enter the industry. Instead, they need training and encouragement to embark upon a career in fishing as an attractive and stable industry. Therefore, I want to spend a little time explaining what the Government and Seafish are doing in supporting this endeavour by working in partnership with a range of training partners to offer apprenticeships across the UK on a range of subjects relevant to the seafood industry and maritime occupations. For example, in England, the Government are working closely with Seafood 2040, where one of the recommendations highlights the importance of training, skills development and workforce retention to a thriving seafood industry.

While the Government recognise the principle behind this amendment, we do not think that reserving a minimum quota for new entrants is the best overall approach to resolving the raft of issues faced by new entrants which I have just set out. We also think that there may be some unintended problems with the amendment. For example, setting aside a blanket minimum quota for new entrants means that other fishers will receive less than they currently do. This could even see quotas go unused, and this is the point—[Interruption.] The noble Lord, Lord Teverson, immediately jumps at something which is not what I am about to say. This could even see quotas go unused if no new entrants were forthcoming in a given year or if stocks set aside were not useful to them. I do not think that either of these outcomes are what noble Lords intend with this amendment.

The amendment also seeks to reserve a minimum share of quota for the under-10 metre pool. Similarly, as with new entrants, the Government recognise the importance of our under-10 metre vessels and the benefits they bring to our local coastal communities. I think everyone would agree that the under-10 metre sector is vital to the production of good food and to sustaining the local seafaring communities that we all wish to work with and rebuild, as we said in an earlier debate.

I say particularly to my noble friends Lord Naseby and Lady McIntosh that we are open to considering new methods of continuing our support to the under-10 metre pool. It is important to understand that the under-10 metre pool already receives a minimum share of certain fish stocks through the quota underpinning mechanism. The details of this are set out in the relevant quota management rules. In England, this amount has been supplemented through quota realignment exercises and reserve quota policies. We consulted on the 2020 reserve quota policy from January to March of this year, asking specific questions about the amount that should be given to the non-sector, including the under-10 metre pool.

Fruit and Vegetable Harvest

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 30th April 2020 Lords Chamber

[Lord Gardiner of Kimble]

I have asked about the situation in Northern Ireland and DAERA has said that it will look for its own local solutions. Clearly, we want to work with the devolved Administrations. Northern Ireland welcomes the information sharing which we will undertake.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, at a time when we all need healthy, fresh, nutritious food, what are the Government doing to promote to the British public the range of employment opportunities available, assisting growers in harvesting their produce and getting it to market and on the table at a reasonable price?

[Lord Gardiner of Kimble]

My Lords, that is precisely why we have launched Pick for Britain and the DWP Find a Job website. This will be escalated. We think that currently, there is sufficient labour on farms, but there will be a peak in late May and therefore much more work. A public-facing campaign will be launched so that many more people are aware of this and of the demand in their local areas.

Agriculture: Dairy Prices

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 28th April 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, dairy farmers desperately need certainty for the price of milk. It is estimated that 20 million litres of milk would normally go into the food service sector. Only 20% of this market is still viable due to lockdown. The national dairy herd is nearly 2 million, with an estimated 80,000 cows likely to be culled if financial support is not forthcoming. Once herds have been culled, it will take a long time to rebuild capacity. Farmers want to be ready to meet demand once restrictions are lifted. The financial support legislation promised on 17 April has yet to be laid. Can the Minister say when this lifeline will come forward for legitimate inclusion in statute?

[Lord Gardiner of Kimble]

My Lords, it is very important for me to say that the easement of competition law for the dairy sector—a statutory instrument, which is widely supported by the devolved Administrations and industry—will be retrospective to 1 April. That will ensure that the competition rules are relaxed for the dairy sector temporarily to allow retailers, suppliers and logistics services to work together. This has allowed the dairy industry to redirect some of its supplies to retailers. Clearly, Defra is working very closely on this. It is an issue that affects, as has been said, those farmers who are supplying the food service sector, and we are working with others to ensure that the situation improves for those farmers affected.

Fisheries Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 11th March 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support the amendments in this group which deal with the financial assistance covered by Clause 33.

On the first day in Committee, we debated at length the incompatibility of the sustainability objective and the socioeconomic objective in Clause 1. The Fisheries Bill has been heralded as taking back control of UK fishing rights and waters and is eagerly awaited around our coastlines. Many voters supported Brexit on the basis of having control over our fishing rights and waters. However, what they did not do was vote for our fish stocks to become exhausted by the rush for profit. The dichotomy of sustainability over socioeconomics is an issue which we must tackle before the Bill becomes law. To be successful, we must ensure that those fishermen who find that they are catching less as the sustainability of their usual catch reaches a critical point, and are facing financial implications, are not disadvantaged. It is unwise in the extreme to jeopardise the sustainability of our fish stocks by allowing continued fishing when the scientific evidence demonstrates that the stocks are depleted.

The Government could do much to assist in preserving fish stocks by using financial assistance to recompense vessel owners and crews for reduced or exhausted fishing opportunities. Unless such assistance is forthcoming, there will be no incentive for the fishing of depleted stocks to cease. This will result in the socioeconomic objective becoming the overriding objective and swamping the sustainability objective. Why would fishers willingly lose money by staying in port? The scientific evidence will need to be overwhelming.

To be able correctly to monitor fish stocks and prevent bycatch and overfishing, it is essential that the Government invest in new technologies to be used across the fishing fleet, with both large vessels and those under-10 metres. The passage of the Fisheries Bill provides the Secretary of State with a golden opportunity to establish a research and implementation fund. This could promote new and improved methods of selectivity and encourage and assist vessel owners to replace old nets and other technologies with those capable of more refined selectivity, to avoid choke species.

The gathering of scientific data to inform the management of fish stocks, alongside technologies to improve fishing techniques, are some of the tools available to the fishing industry. They will ensure that we do not reach the stage at which the children of future generations are left wondering what cod and haddock taste like. As the noble Earl, Lord Devon, said at Second Reading, it could be fish fingers for everybody if we do not get this Bill right. However, if we do not take action to ensure fish stocks are preserved, I can envisage a situation in which there will be no fish fingers for anyone.

I hope the Minister is aware of the strength of feeling in the Committee on these issues and is ready to give assurances that these amendments will indeed appear on the face of the Bill. If he is unable to do that, I hope he will think about bringing forward similar amendments on Report.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Lady, Baroness Jones of Whitchurch, for Amendment 113, and to the noble Lord, Lord Teverson, for Amendments 114 and 116, which were spoken to by the noble Baroness, Lady Bakewell. I will address these amendments together, so that I hope I can provide—I underline “I hope” following the comments from the noble Baroness, Lady Bakewell—the necessary reassurance that the measures proposed can already be supported by the financial assistance regimes made under Clause 33 of the Bill.

The Bill sets out the various purposes for which funding can be given, rather than setting out specific activities. This provides flexibility to fund a wide range of activities, including scientific data collection and innovation in gear selectivity, even if they are not directly mentioned. The existing powers found in the Fisheries Act 1981 are limited to providing assistance for the purpose of reorganising, developing or promoting the sea fish industry or fish farming. The revised power will widen this to allow financial assistance for: the protection and improvement of the marine and aquatic environment; the promotion, development or reorganisation of commercial fish activities; health and safety; training; economic development or social improvement in areas where commercial fish or aquaculture activities are carried out; improving the arrangements for catch or effort quotas; and the promotion of recreational fishing. This means that when scientific data collection contributes to the purposes described, such as conservation or improving the arrangements for quota allocations, it would be eligible for financial assistance through this power.

At this juncture, I should say to my noble friend Lady McIntosh and the noble Baroness, Lady Jones, that UK scientists are deemed to have considerable expertise and make a significant contribution to international co-operation on stock assessment and related fisheries science. That will continue, primarily through ICES—the International Council for the Exploration of the Sea—which is the independent global body for these purposes. Defra has always worked very closely with ICES, and this will continue. In addition, UK scientists will continue to co-operate regionally with counterparts in the EU and other countries on fisheries and the marine environment.

We will also work with ICES and scientists in the UK, both in Cefas and across the devolved Administrations, to understand the impact of climate change on fish stocks. I am very pleased that, when we discussed the objectives of the Bill earlier, the Government inserted the climate change objective, which is an indication of how serious this matter is for both the marine and terrestrial environments.

I am advised that there are some practical challenges with the drafting of Amendment 113. It is long established that government funding should not be provided for matters that are mandatory. There are already requirements for fishers to carry out a number of the activities listed in the amendment, and these therefore should not benefit from public money. For example, vessels over 12 metres in length are required to use vessel monitoring systems. Similarly, fishers must record details of their catches. Neither of these, in our view, should attract financial assistance, as they are mandatory requirements.

I appreciate the intention in Amendments 114 and 116, which the noble Baroness, Lady Bakewell, spoke to. However, I am advised that the powers contained in Clause 33 are already sufficient to create and deliver such a fund, if desired, while not limiting the range of other potential activities that could also be funded. This is the key point that I want to develop. Should other sustainability priorities be identified beyond gear selectivity, we may not be able to create a specific fund to address those priorities if we were tied to a fund focusing on gear selectivity.

Before introducing any new grant scheme, we will consult the sector on the priorities for funding. Details for the activities to be funded in England will also be set out in the regulations we will create to deliver our own domestic scheme. These will be subject to full parliamentary scrutiny, as the regulations will be introduced by affirmative resolution.

Turning to Amendment 115, I share the noble Lord’s concern about sustainable stock levels being achieved. I say to the noble Baroness, Lady Bakewell—and I am sure we will have this on Report—regarding the objectives in Clause 1, yes, we need to ensure we are mindful of fishers’ livelihoods, but this is all predicated on the sustainability of our ecosystem. From any lay reading—perhaps I am deploying points I will make on Report—the overwhelming majority of those objectives are predicated on a firm and strong belief that the environmental sustainability of the ecosystem is the route by which you get vibrant communities and vibrant fish stocks. From the Government’s point of view, there is no dilemma about this; it is exactly what we are aiming to do. But, as a responsible Government, we have to be mindful of caring for those coastal communities.

I should also say that it is not government policy to compensate industry when setting the annual fishing effort where that results in a reduction of potential profit or for in-year management measures needed to comply with regulations and ensure the long-term sustainability of the sector. Such activities must and do take place each year, so the fluctuations in profit should be borne by the industry itself. It is already able to respond to fluctuating stock levels to a certain extent by fishing in different fishing grounds to catch quota or adapting the gear to fish for different stocks.

We believe that providing compensation would risk reducing the incentive on the industry to take ownership of fishing at sustainable levels. An unintended consequence of this amendment could be that the industry decided to focus its fishing over a few months in the year, until the stock is exhausted, in the knowledge that it would then have to tie up but be financially compensated for doing so. I think all of us would agree that this would not be a helpful precedent and runs entirely contrary to the spirit and the words expressed in this House; it cannot be right that industry should be in some way rewarded for overfishing. These are points that I know were not intended, but we are concerned about the unintended consequence in terms of the legal reading of the amendment. It is only reasonable that I should make these points to your Lordships.

Agriculture: Genome-edited Crops

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 4th March 2020 Lords Chamber

[Lord Gardiner of Kimble]

Obviously, much of what we want to do is to work with the rhythm of nature. The point I was seeking to make earlier about gene editing is that, in particular where it merely escalates a natural process, there is an advantage to it. In terms of enhancement of the environment, we want to get disease-resistant crops and to improve animal welfare. A lot of the research is in order to assist things that the noble Baroness would support.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, how will the Government regulate and monitor cross-contamination of so-edited crops, which will not be grown universally in the agriculture industry, to make sure they do not affect biodiversity and overrun existing species?

[Lord Gardiner of Kimble]

This is why we rely on the best science and have a science-based approach to how these matters are regulated. Clearly, confidence that this is about enhancing and helping the environment is the pitch by which we think that certain gene-editing activity and research could be extremely beneficial. It is eminently compatible with helping agriculture and the environment.

Fisheries Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 4th March 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I rise briefly to support Amendment 24 in the name of the noble Baroness, Lady Jones of Whitchurch, and Amendment 29 in her name and that of the noble Baroness, Lady Ritchie of Downpatrick.

As many have indicated previously, fishing is a dangerous occupation, one where injuries and death occur on an alarmingly regular basis, as the noble Lord, Lord Cormack, so elegantly told us. For every fisherman and woman employed on a vessel involved in fishing, 10 are employed in landing and processing fish. All those employed in the fishing industry as a whole should be protected and enjoy similar employment rights to those who work in other sectors. The Government should take steps to ensure that those engaged in the fishing industry, whether offshore or onshore, should be protected as far as is possible, and the Government should produce a strategy to ensure this happens. Each person engaged in the industry should be aware that the Government have such a strategy and that their welfare is key to the industry’s success.

Training, as the noble Baronesses, Lady Jones and Lady Ritchie, have said, is—as it is in everything—key to ensuring safety is carried out and observed. This must be a legal requirement and entitlement for all in the UK fishing industry workforce. It should not be left to the discretion of the vessel or processing plant owners. I fully support these amendments and the need to work for a strategy to sustain the UK fishing industry workforce to be in the Bill.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I am grateful to the noble Baroness for her proposed Amendments 24 and 29, which would introduce additional duties in the form of safety requirements for fishing activities and training requirements for the UK fishing industry workforce.

In this short debate, we are absolutely at one that these are extremely important matters, and I would like to put on record, as I did at Second Reading, my recognition and regard for those who go to sea to catch fish for our consumption; I pay tribute to them. The noble Baroness, Lady Ritchie of Downpatrick, referred to a family who were very brave and courageous in sustaining the losses that they did. My noble friend Lord Cormack reminded me of those communities, such as coal mining communities and agricultural communities, doing dangerous tasks over the years for our benefit. I therefore identify with all of what has been said. It is important that we support fishers with increased health and safety provisions as well as further training to increase the awareness of dangers and the understanding of how to respond to them.

That is why I say specifically to the noble Baroness, Lady Jones of Whitchurch, that Defra is working closely with other UK departments and agencies to ensure that fishing becomes an increasingly safe and—although I think it is appealing in many ways—“appealing” form of employment, as my notes say. I was very struck by the point that my noble friend Lord Cormack made about camaraderie. That cook probably continued to go to sea, though no longer fishing, because he did not know how to live outside of that community. I am very struck by that sense of community —which is why the noble Lord, Lord Grocott, spoke in the way that he did on an earlier day in Committee—because these communities feel very strongly about these matters. This work is under way and will consider regulations and other work, which is also under way as I said.

Safety at sea is not just a specific fishing activity issue; it is a vessel issue. The safety of all vessels falls within the remit of the Maritime and Coastguard Agency. Provisions for the safety of vessels are included in the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997. In addition, the Merchant Shipping Act 1995 provides the MCA with powers to implement all the safety legislation.

The Government are, importantly, also taking action through our apprenticeship programme and the Post-16 Skills Plan to reform technical education and a new careers strategy for the UK fishing industry workforce. The Sea Fish Industry Authority—known as Seafish—leads the development and delivery of training for workers in all sectors of the seafood supply chain. Seafish has applied levy funds to develop training programmes and learning materials aimed at the seafood processing sector to enhance the skills and quality of operations and final products. In addition, the Seafood Industry Leadership Group, established by Seafish to deliver Seafood 2040: A Strategic Framework for England, will deliver a single cross-sector seafood training and skills plan, aiming to support businesses in the seafood supply chain to recruit workers with suitable skills.

England’s new domestic grant scheme, the Maritime and Fisheries Fund—the MFF—can support training projects for fishers. Under the European Maritime and Fisheries Fund—the EMFF—around £3.5 million was spent on improving skills and training up to 31 December 2019. The Bill provides the power, in Clause 33, to introduce grant schemes through regulations for health, safety and training.

The noble Baroness, Lady Ritchie of Downpatrick, referred to my letter. I should also add that Defra is considering the latest data and working closely with industry to understand and explore the labour demand and supply requirements for both the permanent and seasonal workforces, which are of course very important.

I wanted to explain the current situation to the noble Baroness, so that this is not in a void. I absolutely understand the points that have been made. All these responsibilities are in existence. I hope that this explanation of the regulations, the further work that is under way and the legal requirements that already exist on this important matter mean that the noble Baroness feels able to withdraw her amendment. If during the passage of this Bill, or indeed afterwards, those noble Lords for whom this is a particular concern would like further discussions on what is under way, I would be very happy to facilitate that, because this is an area where we have a duty to coastal communities to show that we are on their side.

Agriculture Bill: Food Production

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 27th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

I hope I can answer that by saying that there are already differences between the earlier Agriculture Bill and the one that has been introduced. That is because of scrutiny in the other place and stakeholder concerns. There have already been considerable improvements on food security, soil quality, animal traceability and regulation of fertiliser and organics. I will of course listen to noble Lords and look forward to working with them on the Bill—if it is deemed that I should—at a later date.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the Agriculture Bill is important in the process of Brexit and it is encouraging that it now mentions food security. While the Bill provides for a seven-year transition for agriculture towards this new payment system, does the Minister agree that ending uncertainty for farmers long before 2027 is essential, for their businesses and their mental health?

[Lord Gardiner of Kimble]

We take this very seriously. I know from my own experience the stresses and strains of the agricultural sector and, indeed, the dangers. I absolutely understand that and that is why we are having a transition, over seven years, from direct payments to a new system. We will bring in tests and trials of the environmental land management scheme and by the end of 2024 we will be ready to launch a national environmental land management scheme in 2025. This is precisely to ensure that there is a sensible transition so that all farmers are clear about what they can do to use the new system to the advantage of the environment and of food production.

Farming

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 8th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I have to say that I have not studied that particular element. I think our tenancy reforms will ensure flexibility and that, as with all these things, there is a reasonable return for the landowner. As I have said, a lot of land is farmed by a mixture of part-rented and part-owned. I see our tenancy reforms as giving more flexibility and options for tenants to have successful and productive businesses.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, while the £2.85 billion announced on 30 December is welcome and provides a degree of reassurance for all farmers, the majority of this money will be allocated at the end of 2020, with only £143 million for 2021. There is no certainty for the remaining period to 2023. On CAP Pillar 2, the Government press release states that:

“Remaining EU funding … will continue until the current EU funding is used up or 2023, whichever is earliest.”


If the price of feed and other costs increase as we leave the EU, this money will run out sooner rather than later. Does the Minister accept that natural inflation does not play a part in the Government’s plan for farmers or agriculture?

[Lord Gardiner of Kimble]

My Lords, as I said before, we have guaranteed in our manifesto the current annual budget for farmers in every year of this Parliament. Clearly, as we all know, farming costs go up and down. For example, in some years straw is up or down, or corn is up or down, and therefore you get different consequences in different parts of the farming industry. In our manifesto and throughout, we have set out that we support farming and that we want farmers to play a part in enhancing the environment. I emphasise that we recognise the importance of food production and food security, and this will be in our updated agriculture Bill to be introduced shortly.

Farm Subsidies

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 30th October 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, there has always been a tradition of transporting live animals for breeding and other matters that we have done with our great stock over many years, but we are concerned about transport arrangements and about moving animals for slaughter away from our shores. These are matters that we will be attending to. We will be working with the Farm Animal Welfare Committee, as well as industry, retailers and welfare groups, to develop proposals on enhancing farm welfare standards because we think that the British farmer has a very good reputation that we wish to enhance.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, while it is extremely important for British farmers to help restore the balance between the use of the land and introducing wildflower meadows to ensure the return of insects and birds, this must be balanced with food production. There will be a cut to direct payments, which the Minister has already referred to, that is to come in in 2021, and the payments will have been eradicated by 2027. Farmers previously receiving £30,000 will see a 5% cut in the first year, while those receiving payments of up to £150,000 will see a 25% cut. Does the Minister agree that those who nurture the land for biodiversity as well as for producing food should be rewarded for doing so?

[Lord Gardiner of Kimble]

My Lords, as I have said, we will be testing and trialling the environmental land management scheme that is to come in in 2024. We will also bring forward a countryside stewardship agreement between now and 2024. We believe that in the future, farmers will be well placed through their participation in the new ELM scheme. However, the noble Baroness is right to say that there is a balance to be struck; we require our excellent food to be grown for home consumption and for export, and we need to do that within the prism of enhancing the environment.

Single-use Plastics

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 1st October 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the noble Lord is right to raise the oceans. As 80% of the waste in the oceans comes from the land, the first thing is to stop it getting there. I understand that currently in this country 70% of plastic drink bottles are collected for recycling. I mentioned the deposit return scheme because other countries which have reintroduced it have got up to over 90%. That is why we are actively working on the options and are having further consultations. These things take time, because industry will require new infrastructure to undertake this, and we want it to land well when it starts.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, since the ban on plastic cotton buds and the use of microbeads in cosmetics, which the Minister referred to in his earlier Answer, there appears to have been a bit of a lull in action on plastics. Despite some manufacturers making changes to their products, we are still seeing a large number of plastic straws in pubs and bars, despite what the Minister said. Is it not time that the Government published a list of those who do not take this matter seriously and are still using single-use plastics?

[Lord Gardiner of Kimble]

The noble Baroness is right that a number of responsible companies have already started to remove plastic prior to the ban in April 2020. I encourage all manufacturers to think about this so that we achieve a ban with people stopping voluntarily. On lists, and more positively, if I had time I would read out the very long list of manufacturers and retailers that are engaging in this, on some of the issues such as black plastic or using alternatives. We need to work with industry and encourage it, and obviously some of the fiscal measures we are proposing are all about, for instance, reducing plastic packaging.

Peatlands: Commercial Exploitation

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 9th September 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, specifically on commercial peat extraction, as my noble friend Lord Teverson said, this is causing irreversible damage to some of the most historic and vulnerable nature conservation habitats and environments, so 2030 is too late to tackle this problem. Wonderful wetland habitats are being created from previous peat workings, such as at Westhay Heath. Why are the Government not doing more to promote such schemes to preserve more wildlife habitats?

[Lord Gardiner of Kimble]

My Lords, I am pleased to say, as I think I may have said before, that we have already allocated £10 million to restore nearly 6,500 hectares of degraded peatland. These projects started last year and are due to complete in 2020. They are about raising the water table and re-wetting peat, along with the revegetation of bare peat. A lot of work is going on and we absolutely recognise that we need to roll these large-scale projects out more widely.

Brexit: Food Standards

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 4th September 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, particularly with animal welfare and agriculture, legal requirements that prevent the import of certain animal products will continue. Indeed, that is justified under Article XX of GATT. All imports of meat products must meet UK animal welfare slaughter requirements and come from an approved slaughterhouse. The Government have made it clear that the existing health and food safety restrictions on hormone treatment, antibiotics and chlorinated chicken will remain in place.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, given the plethora of health identification marks that will be needed for food products of animal origin should the UK exit the EU without a deal, there is considerable concern about the impact this will have on small farmers and producers. The larger conglomerates will manage, but the smallholders will struggle. What are the Government doing to ensure the public and farmers are protected from this confusion?

Plastic Bag Charge

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 17th June 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the noble Baroness is right that one of the complications is that certain wrapping increases how long produce lasts and stops food waste, so we need to look at these things thoroughly. We also think that those producing the packaging should be responsible for the costs of clearing these matters up—that is what we are consulting on at this very moment. The consultation is important because we need to reduce plastic packaging.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, there are now many biodegradable carrier bags being used by small retailers who handle food, including butchers. These bags are alleged to degrade in landfill in 12 to 24 months. Surely if these bags are going to landfill, this somewhat defeats the object of the tax. Do the Government plan to extend the 10p tax to biodegradable bags, and are they aware that such bags contain additives to accelerate the degeneration process? Can the Minister assure us that these are not harmful to those who have eaten food that has come into contact with these bags?

[Lord Gardiner of Kimble]

On the last point first, it is important that research is going on, including at EU level, on certain types of degradable plastics—precisely because of chemicals and microplastics. Again, this is not a straightforward matter where we can just press a button and get something resolved. We need to worry about the unintended consequences. A lot of work is going on on these points and I will write to the noble Baroness in some further detail on her first point.

Kew Gardens (Leases) (No. 3) Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

3rd reading: House of Lords
Tuesday 11th June 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I would also like to thank the Minister and Defra officials for their time and patience in providing the very useful briefings. These were very welcome and greatly assisted the process of understanding what the Bill was about for those of us not steeped in the history of Kew. Many of your Lordships are, and it was a great comfort to know that so many Kew experts were taking part in the debate, thus ensuring that this short Bill was improved and provided the necessary requirements.

[Lord Gardiner of Kimble]

In the spirit of what I said before, I want to place on record again that what the noble Baronesses have said is precisely what I feel we are intended to do: to look at these matters and decide a way forward. I was very pleased to play my part in getting the resolution we all wanted: to ensure that this unique scientific institution is properly safeguarded. I am most grateful to noble Lords because we have a Bill we can all be proud of.

Office for Environmental Protection

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 22nd May 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, this is precisely why a rather considerable environment Bill will come before us in the second Session. It is important that all relevant committees have had sight of the draft Bill. Clearly, it will be for the other place and your Lordships to consider whether the provisions are suitable. I believe it is a strong example of the Government’s bona fides in wanting to enhance the environment and having the right principles and governance arrangements on the face of the Bill.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, what mechanisms are the UK Government proposing to put in place, in partnership with the devolved Administrations, to ensure that there is continued co-operation on governance across the UK after exit, including on transboundary issues?

[Lord Gardiner of Kimble]

My Lords, the noble Baroness is absolutely right in inferring that none of these matters respects borders. This is why we want to work collaboratively with the devolved Administrations. We respect the devolution settlements but will clearly work with the devolved Administrations for the very reasons the noble Baroness has set out. It is important that we collaborate on the environment, but it is part of the devolved arrangements. The Bill will relate to all reserved environmental matters and to England.

Kew Gardens (Leases) (No. 3) Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Committee: 1st sitting (Hansard): House of Lords
Tuesday 21st May 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

My Lords, transparency is really important, but I am concerned that a set of accounts should be produced just for the income from the leases on seven properties. That seems quite bureaucratic to me. I accept that the noble Baroness said that this was a probing amendment, so I will be interested in what the Minister has to say. I would have thought that these accounts could have been incorporated into the consolidated Kew accounts, rather than being a separate set. That would be a better way of doing it.

[Lord Gardiner of Kimble]

My Lords, I agree with the noble Baronesses that we should always be transparent. I hope that I will satisfactorily be able to explain why I think that these matters are covered.

First, pursuant to the National Heritage Act, a statement of accounts in respect of each financial year for Kew is prepared, examined and certified. A report on this statement is produced by the Comptroller and Auditor-General as head of the National Audit Office and laid before each House. Details of Kew’s income, including government, commercial and charitable donations, are all set out in this report, which is a public document.

I reassure the noble Baroness, Lady Jones of Whitchurch, that income received by Kew in respect of these leases, subject to this Bill, will also be reflected in this report. In addition, Kew itself publishes audited annual reports and accounts. These state how much grant in aid it receives each year from Defra and how much is restricted to specific projects. Within this report, Kew will report on funds from the lease income as part of its funding note.

Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 27th February 2019 Grand Committee

[Baroness Bakewell of Hardington Mandeville]

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

[Lord Gardiner of Kimble]

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

Recycling

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 13th February 2019 Lords Chamber

[Lord Gardiner of Kimble]

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

[Baroness Bakewell of Hardington Mandeville (LD)]

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

[Lord Gardiner of Kimble]

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

Fly-tipping

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 31st January 2019 Lords Chamber

[Lord Gardiner of Kimble]

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

[Baroness Bakewell of Hardington Mandeville (LD)]

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

[Lord Gardiner of Kimble]

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

Brexit: Agriculture

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 14th January 2019 Lords Chamber

[Lord Gardiner of Kimble]

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

[Baroness Bakewell of Hardington Mandeville (LD)]

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

[Lord Gardiner of Kimble]

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

Environment Plan

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 29th November 2018 Lords Chamber

[Lord Gardiner of Kimble]

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

[Baroness Bakewell of Hardington Mandeville (LD)]

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

[Lord Gardiner of Kimble]

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

Brexit: Food Security

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 20th November 2018 Lords Chamber

[Lord Gardiner of Kimble]

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

[Baroness Bakewell of Hardington Mandeville (LD)]

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

[Lord Gardiner of Kimble]

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

Ivory Bill

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

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

[Baroness Bakewell of Hardington Mandeville]

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

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

[Lord Gardiner of Kimble]

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

Roundup

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 31st October 2018 Lords Chamber

[Lord Gardiner of Kimble]

Clearly, it is important that sprays and products are used in conditions that do not cause them to go on to other people’s property, and that they are used with precision. However, glyphosate is authorised because all the scientific evidence of all the experts on which we rely is that it is not in this case carcinogenic. Indeed, another agency, the WHO, does not agree with the agency that says that it is.

[Baroness Bakewell of Hardington Mandeville (LD)]

As has been said, glyphosate is an active ingredient found in the weedkiller Roundup and has been a source of controversy amid claims that it is connected to certain kinds of cancer. Oatmeal and other breakfast cereal crops are often sprayed with this chemical. What in-depth research are the Government doing to ensure public safety, both now and after 29 March?

[Lord Gardiner of Kimble]

All this area is hugely important as a priority, both now and after we leave the European Union. Public safety will always be the prime consideration, and this would not be authorised if it was deemed to be unsafe.

Food Labelling

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 9th October 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I echo a great deal of what the noble Baroness said. The urgency of this is imperative. The Secretary of State has been in touch with Natasha’s parents. Obviously, we want to ensure that what happened to Natasha, and her parents, wider family and loved ones, does not happen again. That is why the review will be urgent. We will be working closely with the Food Standards Agency and the Department for Health and Social Care and, as I said in the Statement, we will be communicating with the devolved Administrations tomorrow. We will look at the coroner’s report in Natasha’s case, which was received this morning. I should say that in the case of Celia Marsh, as the noble Baroness alluded to, not only is the coroner’s investigation in process but there is a legal dispute between Pret A Manger and CoYo. In those circumstances, I should not want to go any further on that case.

I assure your Lordships that, whether it is suppliers or retailers, the importance of this, as the noble Baroness outlined, is that it is a public health matter. People in this country, particularly those with allergies, should have the right information to know whether something is safe for them to eat. The FSA has campaigned on this over a considerable period. It is not only about raising awareness and issuing guidance for businesses but raising awareness among people with allergies that they must ask—because, as I said, the requirement is that all shops should be in a position to advise the consumer by signs and verbally. I assure your Lordships that we shall look at this with rigour and urgency.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I too thank the Minister for repeating the response to the Urgent Question this afternoon, and extend my sympathies to the families of Celia and Natasha. I declare my interest as a lifelong coeliac, so I understand completely the implications of inaccurate food labelling. All consumers must be able to trust that food labelling is comprehensive and correct. It is simply unacceptable, after taking the time to read through the list of ingredients, subsequently to find that an ingredient has been inaccurately recorded or omitted.

I highlight a slightly different aspect of this matter. As the Minister reiterated, the Statement refers to freshly prepared food and the need to check with members of staff before buying. I know from experience that staff are not always aware of exactly which foods contain allergens. Although training is much better than it was, cross-contamination can still occur in some cases.

I am really pleased that the Minister said that the Food Standards Agency is to be involved, but I should like him to reassure us that, following these tragic events, as well as food labelling being a top priority, the handling of food to prevent cross-contamination will be included in the review of advice currently taking place. This is now an urgent priority, before there is any more unnecessary suffering.

[Lord Gardiner of Kimble]

My Lords, that is imperative and, as I said, we are working with all those involved. I should say that the FSA has responsibility for allergen labelling; that is precisely why it is an essential part of the review. The noble Baroness rightly refers to training of staff. Again, businesses are in all circumstances under a duty. We must ensure—this is one of the key areas of enforcement—that all businesses are mindful of their responsibilities. All producers of food and food products should be mindful of cross-contamination. That concerns food safety more generally, but these are all areas which we take very seriously.

Ivory Bill

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

My Lords, I support the noble Lord, Lord Grantchester, in this amendment. At Second Reading, the Minister gave an undertaking that there would be consultation on the animals listed in the amendment after the Bill had received Royal Assent. It is a great pity that we were not able to include hippopotami, narwhals and walruses within this Bill once it had started its passage, but I understand the reasons for it. I welcome the fact that an undertaking has already been given and hope that, as soon as Royal Assent has been given, consultation will be ready to begin.

[Lord Gardiner of Kimble]

My Lords, the amendment tabled by the noble Baroness, Lady Jones, seeks to insert into the Bill a commitment that the Secretary of State would consult on extending the scope of the ban to include ivory from hippopotamus, walrus and narwhal as soon as practicable after Royal Assent. I am grateful to the noble Lord, Lord Grantchester and to the noble Baroness, Lady Bakewell of Hardington Mandeville, for their remarks.

As noble Lords will be aware, this matter was discussed at some length in the other place. I want to reassure the noble Lord and the noble Baroness of the Government’s intention on this point and to explain how the existing provision in the Bill may be applied. The Bill will prohibit the commercial dealing in living species of elephant—namely African and Asian elephants. Clause 35 provides a delegated power to allow the Secretary of State to extend the Bill to cover other ivory-bearing species through a regulation. We recognise concerns that, by banning the trade in elephant ivory, there may be an unintended consequence of trade displacement on to other ivory-bearing species, such as hippopotamus, putting these species at greater risk, as the noble Lord, Lord Grantchester has outlined. It may be appropriate to use this power to protect these species if the evidence gathered supports such actions.

The Government have committed in the other place and in a public announcement that the Secretary of State will conduct an evidence-gathering exercise—for example, a public consultation—on or as soon as practicable after Royal Assent. It is in the Government’s interest to launch this exercise within this period. However, we will ensure this does not impact our timetable to get the elephant ivory ban in place. The representatives from the conservation NGOs which gave evidence during Committee in the House of Commons emphasised that, at this time, the Government’s priority should be the ban on elephant ivory.

Sustainable Fisheries for Future Generations

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Wednesday 4th July 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the Statement and welcome the publication of this important White Paper. The shores of our islands have some of the most prolific fishing waters in the world and it is vital that not only are fish stocks protected but that the numerous industries and businesses that rely on a constant supply of fish are supported and protected. This includes not only large fishing fleets but smaller, family-owned vessels, not only the small, iconic smokeries but also the larger processing plants. It is our duty to provide a mixed economy around our coastlines that depend on a healthy marine environment, free from unnecessary bureaucracy and free from plastics.

I note the Secretary of State’s commitment to end the dominance of foreign vessels in our waters and to support our own fishing communities across the country; I welcome that statement. I have only two questions: what discussions have so far taken place with the devolved Administrations about sustainable goals to be shared across the UK? Secondly, is the Minister able to ensure ongoing access to the EU labour force that supports the sustainability of the vital seafood processing sector? I am encouraged by the general thrust of the White Paper and look forward to the Minister’s response.

[Lord Gardiner of Kimble]

My Lords, I thank the noble Baronesses for a number of questions. Let me say in opening that I welcome the stakeholder reaction, and the fact that the fishing communities are looking to Parliament to ensure a better future for the fisheries. The National Federation of Fishermen’s Organisations, the Scottish Fishermen’s Federation and the Shetland Fishermen’s Association are all saying that this is a clear, coherent and important policy. I was also particularly struck by what the noble Baroness, Lady Bakewell of Hardington Mandeville, said about the importance of clean seas and oceans. The director of Living Seas, the Wildlife Trusts, says:

“The Wildlife Trusts are really impressed that the Government is committed to reversing the loss of marine life”.


Predicated on all of this is the imperative of sustainability. It is one of the three key components: it is about sustainability, responsibility and fairness. Therefore, it is essential that we work as hard as we can to ensure that all this comes forward for really healthy stocks in these waters.

The noble Baroness, Lady Jones of Whitchurch, asked about the difference between access and trade. Under international law, as with other countries that are independent coastal states, negotiations for access are undertaken annually, as they are with the EU and Norway, and the EU with the Faroes. It is normal practice for an independent coastal state, which we will be, to have these negotiations on access. We will undertake that under international law—UNCLOS and so forth. It is very clear about the distinction. On access to trade, I am well aware that all of us are working towards a frictionless arrangement. Of course, export of fish is an important part of that, but the distinction is that access does not happen in the trade agreement, but under international law, which is the case for all other independent coastal states.

On fish processing and fish farming, my point to the noble Baroness, Lady Jones of Whitchurch, is that the fisheries Bill will, as we announced today, allow us to amend technical regulations in the CFP that cover aquaculture. Of course, our commitment is again to sustainability. On research, we must not forget that Cefas is world-renowned. Indeed, the research it is undertaking will be particularly important. I want to emphasise that for sustainability there clearly needs to be—and is—global co-operation on these matters. That is why we will be seeking, for instance, to join the regional fisheries management organisations, such as the North East Atlantic Fisheries Commission, precisely because we have a responsibility to act collaboratively under UNCLOS and other international conventions with other countries. That is a given.

On habitats—this issue was raised in the other place—since 2010 the Government have already designated 50 marine conservation zones, a further 41 of which are out for consultation. This is a clear indication of what we are seeking to do in practice to improve the marine environment—the ecosystem through which a strong fishing industry is possible.

As far as the devolved Administrations are concerned, we are at the beginning of what is a consultation, not the conclusion. There have been many discussions with the devolved Administrations and the Crown dependencies —let us not forget them—since the referendum result, and intensively since January under the process agreed by the joint ministerial committee. The Secretary of State is meeting the devolved Administration Ministers tomorrow to continue that process.

On funding in coastal communities, we will of course be looking at future arrangements and future funding continuing on from the European Maritime and Fisheries Fund. The Chancellor has already confirmed that these will be fully funded under Treasury guarantee, even when these projects are not completed by EU exit date. Indeed, since then, the UK-EU joint report of December last year states the intention that the UK will continue to participate in all EU programmes financed by the multiannual financial framework. Work is now under way to ensure that full consideration is given and that we work with the industry to consider possible future funding arrangements.

I know the Secretary of State has raised the issue of EU workers with the Prime Minister and the Home Secretary. They are fully seized of the importance of access to labour in this important element of the industry.

I have to say to the noble Baronesses that this is the beginning of the consultation, which runs for 10 weeks. We actively want the industry to be engaged in it. The initial reaction from fishing interests across the United Kingdom has been strong and positive. They see the great opportunities that this represents for a fairer share, and for us to work collaboratively with our neighbours and partners to ensure, through the prism of international law and access to our waters, that we have sustainable fishing that is fair to us and that we act responsibly regarding the UK system that we all care so much about.

Flood Risk

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 11th June 2018 Lords Chamber

[Lord Gardiner of Kimble]

Undoubtedly. To go back to Slowing the Flow at Pickering, tree planting was part of that process. It is about crops to be grown, trees and buffer zones. We are increasingly realising that there are all sorts of ways in which natural capital is a resource for us to use, and that we can work with farmers and landowners to support it.

[Baroness Bakewell of Hardington Mandeville (LD)]

Flooding can be devastating for businesses, homeowners and tenants. The cost to business can sometimes result in the business folding. Despite flood risk measures, many retailers and businesses have been flooded several times. As Flood Re applies only to domestic properties that cannot get insurance due to flood risk, do the Government have any plans to introduce a scheme that would help hard-pressed businesses which also suffer from the continual threat of flooding?

[Lord Gardiner of Kimble]

My Lords, whether it affects families, communities or businesses, clearly flooding is devastating and the clear-up can be very much a long-term affair for many. That is precisely why the business-led Property Flood Resilience Roundtable published an action plan in 2016. It is now working on a flood resilience code of practice—this is really important for places such as York, which unfortunately flood very frequently—and how to adapt the electricity supply, for example, so that if there is future flooding, recovery is much speedier. That is the way forward.

Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 27th March 2018 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I am delighted to bring forward this important set of regulations which introduce a new system of local authority licensing of activities involving animals in England. The regulations form part of an important package of reforms that the Government are delivering to improve animal welfare.

These regulations meet the Government’s manifesto commitment to continue their review and reform of the pet licensing controls and specifically to update the licensing system for dog breeding, pet sales, riding establishments and animal boarding establishments. They also modernise the system for animal exhibits, which are currently regulated under the Performing Animals Act 1925. The current licensing and registration system that covers these five animal activities is outdated and complex. The new regulations create up-to-date minimum welfare standards for these five activities in England, while streamlining the system for both local authorities and businesses. We have worked closely with stakeholders from the sector, animal welfare organisations, local authorities and veterinary bodies in drafting these regulations and are very grateful for their support, in particular the work of the Canine and Feline Sector Group and the Equine Sector Council for helping to co-ordinate this.

One of the key issues with the current licensing system is that the animal welfare standards with which businesses are required to comply have not been updated for many years. The schedules to the new regulations include detailed animal welfare standards for each of the activities that have been developed in close consultation with stakeholders. These will ensure that anyone who receives a licence for dog breeding, selling pets, boarding dogs and cats, hiring out horses or keeping or training animals for exhibit will need to meet these new minimum welfare standards. This should help to drive up animal welfare standards across all of these sectors.

Many people and organisations have been calling for more restrictions to be placed in particular on the breeding and selling of dogs, where it is felt that there are unscrupulous businesses that breed dogs in poor conditions for maximum profit. The regulations address this issue in a number of ways. We are making changes to the definition of dog breeding so as to ensure that the regulations capture both large-scale dog breeders as well as smaller-scale dog breeding businesses. Under the new regulations, anyone who is in the business of breeding and selling dogs will need a licence. In addition, breeders that are not classed as a business will also need a licence if they breed three or more litters a year and sell any of them. Overall, this will ensure that more breeders are captured under the regulations and will need to comply with the high animal welfare requirements set out within them. They ensure that we can crack down on unregulated backstreet breeding.

It is important to acknowledge the sad fact that many unsuspecting potential buyers are providing a lucrative market for rogue dog breeders and animal dealers who work illegally outside the licensing system. The regulations therefore include a number of measures that will help consumers to identify these rogue traders and make more informed decisions when purchasing an animal. No licensed breeder or pet seller will be able to sell a puppy, kitten, ferret or rabbit which is below eight weeks of age. In addition, we have ensured that the recently updated welfare codes for cats and dogs carry the same requirement, so that no one should be separating puppies or kittens from their mothers before eight weeks of age unless there are genuine welfare reasons for the mother or the offspring.

Following the excellent work undertaken by the Pet Advertising Advisory Group, we have placed a number of the PAAG voluntary minimum standards in the regulations. Licence holders are now required to publish their licence number on all adverts, including online adverts, so that consumers can check this with the relevant local authority to make sure that it is a legitimate business. Adverts will also have to include a photograph of the animal and state its country of residence and origin. All licensed businesses will also receive a risk rating from one to five stars, based on the welfare standards that they adopt and their compliance record. This is a similar system to the one used in the food hygiene rating scheme.

For puppies, there is an additional requirement for any sale of a puppy to be completed at the premises where the puppy was bred, to make sure that the purchaser sees the puppy and the conditions that it has been kept in before making the final purchase. All licensed breeders can only show a puppy to a prospective purchaser if it is together with its mother, unless separation from the mother is necessary for welfare reasons. All licensed pet sellers are also required to provide purchasers with information about how to care for the animal they are buying. These measures will ensure that consumers are able to make more informed decisions when buying an animal, and are better able to care for it once they have taken it home. This is particularly important for more exotic species such as reptiles.

Many people are concerned about the increase in the online sale of pets. Currently, the legislation is not clear on whether or not these businesses require a licence, and so enforcement is inconsistent across the country. Under the new regulations, all commercial sales require a licence, including those that take place online. All of these businesses will have to comply with the minimum welfare standards set out in the regulations. These measures will ensure that the licensing system is consistent and fit for purpose in this modern age.

The licensing system is run by local authorities and funded by full cost recovery, so there is no financial burden on local authorities. Licences can be issued at any point in the calendar year, which will help to spread the workload across the year. The maximum licence length that can be issued is increased from one to three years, with longer licences going to businesses with earned recognition. This should reduce the workload for local authorities, allowing them to spend more time on enforcement of unlicensed businesses and on the less compliant businesses.

This will also reduce the burden on good businesses, such as those that operate to a particularly high standard of animal welfare and those associated with a body accredited by UKAS—for example, breeders in the Kennel Club’s assured breeder scheme. Such businesses will already be exceeding the requirements of the regulations and so will be able to achieve longer licences for a lower fee. This clearly also provides an incentive for businesses to improve welfare standards.

We recognise that the implementation of these regulations will be crucial to their success, and so local authority inspectors will be required to undertake specific training on licensing and inspection. This will ensure that they are suitably qualified to undertake inspections for all of the animal activities covered by the regulations. To that end, the City of London has worked with the pet industry to develop a syllabus for a level 3 training course for animal activities inspection, which inspectors will be required to attend. Local authorities will be able to recoup all their reasonable costs for this training from the licensing regime.

The regulations have been drafted in consultation with stakeholders from the industry, animal welfare organisations, local authorities and veterinary bodies, and we are very grateful for their assistance. The regulations are proportionate and targeted and will help to improve animal welfare across a number of sectors. For these reasons, I commend the regulations to the Committee. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister and his officials for their time and explanations regarding this SI and for his comprehensive introductory remarks. I declare my interest as a district councillor. It is now two years since Defra’s initial consultation on this important issue and I welcome moving it forward.

This SI covers a number of domestic animal welfare issues that are of great concern to the public, including the breeding and selling of animals, animal boarding establishments and, as the Minister said, the hiring out of horses. While it is essential to ensure that animal welfare is paramount, I welcome the introduction of requiring only one licence instead of the two previously needed. This is a sensible cut in bureaucracy. The Minister has provided assurances that those working in the sector have been consulted in the form of the equine, feline and canine organisations and that the Government have been working closely with them and with vets. A licence lasting up to two years instead of being renewed every year will be welcomed, as will the risk-based approach to the length of the licence and the ability for it to be given at any time during the year, not just at the year end.

My colleague and noble friend Lady Parminter has raised the issue of puppy farming on a number of occasions inside and outside the Chamber, and was extremely concerned that there should be adequate regulation of this often very distressing industry. Defra launched a call for evidence on the third-party sale of puppies and kittens on 8 February. This consultation will close on 2 May and we look forward to its results. We would be grateful if the Minister could give us an indication of when the results might be published.

We welcome the restriction of the number of litters that a bitch may have to one a year as a great step forward. The prohibition of the sale of a puppy—as well as kittens and other animals—below the age of eight weeks, and the need for a puppy to be shown with its mother by breeders prior to sale, will also be welcomed by those legitimate breeders and owners who have the best interests of their animals at heart. Similarly, the detailed restrictions on the size, height and type of boarding kennels and catteries should ensure that domestic animals can be left by their owners, in confidence that their pets will be well looked after during their absence.

As a local councillor, I am aware that local authorities are under tremendous pressure with budget restraints. I fully support the move to allow them to have full-cost recovery for their work in granting licences, as well as being able to raise fees for reasonable enforcement. In the past, it has not always been possible for the cost of extra work passed to local authorities to be recouped in this way. There will, of course, need to be an adequate number of suitably qualified inspectors to ensure that this legislation is properly enforced. I welcome the comments that the Minister made about the new qualification. I understand that it will take three years to meet the necessary standard and that vets on the list of the Royal College of Veterinary Surgeons will carry out some of this work.

While Defra is going to publish guidance, this will not be available until the regulations come into force. Does the Minister believe that this will give enough time to local authorities to be prepared to issue the new licences in an efficient and responsive manner?

I fully support the measures covered by this SI but I have one concern. Part 4 of the schedule, which covers the hiring out of horses, does not appear to cover riding for the disabled. While the regulations cover the welfare of animals in a commercial operation, they do not apply to those which operate on a charitable basis. I would be grateful if the Minister could reassure us that if establishments which offer riding for the disabled are operating not on a charitable basis but as a business, they will be covered by this new legislation. That apart, I believe that this is a great step forward and look forward to its implementation eagerly.

Brexit: Fisheries Management

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 20th March 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, along with my colleagues in the department we share the disappointment that the noble Baroness has suggested, but of course the UK share of quotas will not change during the implementation period and we will be attending the international negotiations. This is an extension, and the implementation period is due to conclude in December 2020, so that during that time we will be in a position to advance the things we think are absolutely right and to ensure that we fish in a sustainable manner. This country has been in the lead on that and we want to ensure, through our negotiations not only with EU members but with other independent coastal states, that the fisheries in this part of the planet are sustainably fished. That is a very important prize for us because the seafaring communities of this country are vital to us and, as I say, the changes that our negotiators have been able to secure are valuable because there is certainty. However, now we shall work on the access that we will have as an independent coastal nation, which I think is a very strong prospect for the future.

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank the Minister for repeating the Answer. This issue has caused a great deal of unrest and anger among Scottish fishermen. It had been anticipated that the UK would withdraw from the common fisheries policy on the day after leaving the EU. Indeed, the Government promised that they would take back control of the UK’s fishing waters after Brexit. While Michel Barnier and David Davis may agree that the transition period is a decisive step, I fear that that view is not shared by the Scottish Fishermen’s Federation. Bertie Armstrong of the SFF has expressed the view that the Scottish industry does not trust the EU to look after its interests. Is the Minister surprised by his reaction? Why have the Government sold the fishing industry short by agreeing to this transition period? Can the Minister confirm that there has been consultation with the industry and that it was satisfied with the outcome? Are the Government prepared to let our fleet continue to be governed by rules in which our Government have had no say, and what is the Secretary of State doing to achieve a sustainable supply of fish and to avoid depleting numbers?

Trust takes a long time to build but it can be destroyed in a moment. How are the Government going to restore confidence that they do indeed have the best interests of our fishermen at heart?

[Lord Gardiner of Kimble]

My Lords, it is in the national interest that we have a vibrant fishing industry and we support fishermen in all parts of the United Kingdom. I heard Bertie Armstrong on the radio this morning and the accusation about the implementation period and the year. Interestingly, he also said that it was ironic that, regarding those parties which do not wish to leave the common fisheries policy because they do not wish to leave the EU, we would never be in a position to have the negotiation we will have when we leave the CFP. We will have access to our own waters and we will be able to decide that access for ourselves based on the science. It is important to ensure that we fish our waters sustainably and that we base our judgments on the best scientific advice available.

Water Supply Disruption

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 6th March 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the Statement and the noble Baroness, Lady Jones of Whitchurch, for her comments. I agree with everything she said. The freezing weather at the end of last week was not a surprise—it had been well trailed and advertised for some time. It is therefore extremely disappointing that some water companies did not appear to respond quickly to the demand on their services by identifying and correcting burst pipes and leaks. This has caused great distress and inconvenience to thousands of households. It is unacceptable that water bill payers have been left without running water while schools and businesses across the UK are being forced to close because of water shortages. While this is a period of extreme short-term pressure, the vast amount of water that leaks from companies’ pipes every day has not decreased for the past four years. Data from the water industry regulator Ofwat shows that more than 3 billion litres leaks every day. What are the Government going to do to ensure this problem is addressed in the long term?

While expressing disappointment at the response of the water companies, I pay tribute and express the thanks of these Benches to the engineers who have worked long hours, often through the night, to reconnect households to their water supplies and to mend burst pipes and leaks. Their efforts should be recognised.

There is a real gap in the market when it comes to providing capital for critical infrastructure. A housing investment bank is needed to provide long-term capital for major new developments, to guarantee proper infrastructure and services. Locally led housing delivery must be integrated into infrastructure delivery to ensure vital utilities such as water are available at all times.

A public awareness campaign is needed to help residents insulate pipes to prevent bursting in extreme weather conditions. Can the Minister give a commitment that such a campaign will receive priority before we suffer another freezing spell from Siberia?

[Lord Gardiner of Kimble]

My Lords, I entirely agree with the noble Baronesses about the courage and fortitude of the emergency services, often in very difficult circumstances, and I begin by thanking them. I was on the conference call with the chief executives of the water companies, Ofwat and Water UK, and from the update that I have received during the course of the day it is very clear that the priority is to restore the water supply, particularly for vulnerable people and for hospitals and other institutions in the care sector. I think we are all in agreement—which may be an inconvenience—that the water companies clearly need to do better. Some are better than others. It is very important that Ofwat conducts a review and looks at the issues of preparedness and lack of preparedness. We are expecting an interim report on that by the end of the month so that we are clear about this. I emphasise “interim”—obviously we want a thorough report but we want early consideration of those matters. There have undoubtedly been some failings, and I think some of the water companies have acknowledged that as well.

The noble Baroness, Lady Jones of Whitchurch, in particular asked for some reassurances. I have outlined the numbers of households that were without supply this morning and the intelligence that we got from the water companies at the 10.30 am meeting as to their plans for restoration of supply during the day. I will obviously get constant reports on that, as will my honourable friend.

I think there has been general reflection on this—indeed, my right honourable friend reflected on it in his speech last week at the Water UK City Conference. He called on the boards of water companies to address urgently pay, terms and conditions and so forth, to demonstrate value for money, to up their game and to lower bills. Ofwat will report to the Secretary of State on corporate behaviour by the beginning of April. If Ofwat needs further powers, it should include that in that report.

Ofwat is taking enforcement action. For instance, a large fine was imposed on Thames Water for missing the leakage target and it has set the lowest cost of capital ever for the 2019 price review. I should say that water bills have in fact fallen in real terms over the last five years by 5%, and since 1994 bills are 3% higher. Since privatisation, £140 billion has been invested in infrastructure, but we need to do more. Simply put, in a country like ours we need to invest more, and we are going to look to the water companies to do so.

I was quite shocked by some of the leakage figures and tried to imagine what they meant in terms of millions of litres per day; it is really extraordinary. Ofwat has set a challenging target of 15% by 2025, and the 25-year environment plan also set out that leakages should be minimised and go down year on year. We will ask Ofwat to consider the campaign on insulating pipes, which was mentioned by the noble Baroness, Lady Bakewell, as part of its review. That is something else that we need to work on.

The points that the noble Baroness has made have been absolutely fair. I thought it was very interesting to see different chief executives’ reports into the issues that they were facing. One of the things that we are continually assessing is the situation with the thaw. As we all know, the pipes burst on the thaw, and of course the rapid thaw has probably precipitated some considerable bursts in smaller pipes rather than in the mains. This has been one of the practical issues; there have been many small bursts as the thaw has been so rapid. I think we all look forward to hearing more about what Ofwat reports on preparedness, and on what better work needs to be done in preparing should we have a similar occurrence in future, as undoubtedly we will with the climate as it is.

Waste Enforcement (England and Wales) Regulations 2018

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 27th February 2018 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, these regulations are a single composite statutory instrument which applies to both England and Wales but is made by the UK Government in relation to England and by the Welsh Government in relation to Wales. The Welsh Assembly is due to debate the regulations on 6 March. These regulations will strengthen the regulators’ arsenal to deal with non-compliant activity at waste sites by providing them with a further two powers: the power to restrict entry of persons and further waste to the site, and the power to require the removal of all waste at a non-compliant site.

Your Lordships are aware that, to minimise waste, our aim is to have a more circular economy so that resources are used more efficiently and kept in use for longer. A well-functioning waste industry, operating within a regulatory framework and in accordance with environmental permits or registered exemptions, is essential to achieve this. A small number in the industry hamper resource efficiency, damage the environment and seek to gain profit illegitimately by operating outside the regulatory framework. Ensuring that the regulators have a full range of enforcement powers is essential to bear down on that non-compliant part of the industry to ensure that waste is managed properly with no damage to the environment or to local communities.

Over the past 25 years, the nature of the waste industry has changed and government action has been needed to meet the challenges. As well as ensuring that the regulators have robust powers, since 2014 we have given the Environment Agency an additional £60 million for waste enforcement, and have recently published a consultation on proposals to tighten up the waste permitting and exemptions regime.

The two powers before your Lordships today are technical in nature. The development of these regulations included a public consultation in both England and Wales with a range of organisations, including various parts of the waste industry, the regulators, local authorities, householders and NGOs. The regulations insert new sections into the Environment Act 1995. It is a power just for the Environment Agency. If a waste site currently stockpiles more waste on its site than its permit allows, the Environment Agency is able to restrict access in certain circumstances. This can be done only in order to remove waste that is causing a serious pollution risk and only after giving a waste operator five days’ notice. This clearly limits the agency’s ability to act quickly to stop further waste entering a site and does not put the onus on the waste site operators to be responsible for waste on their site. The agency can also revoke a permit and close down a site, therefore restricting access, but it is not always proportionate to close down a waste site immediately if it does not comply with its permit.

This first new power will therefore fill this gap. The Environment Agency will be able to act immediately to restrict access by locking the gates or barring access to stop more waste coming on to a site. The Environment Agency will be able to issue an immediate restriction notice for up to 72 hours where there is a risk of serious pollution to the environment or harm to human health as a result of the waste on the site and action is necessary to prevent the risks continuing. The Environment Agency will also be able to apply to a magistrates’ court for a restriction order for an initial period of six months when there is a risk of serious pollution to the environment or harm to human health, or when an offence, such as a breach in permit conditions, has been committed which is resulting in pollution. No legitimate waste operator should fear the introduction of this new power. It has been drafted in a proportionate way and includes a right to appeal a restriction order within 21 days of the order being made. Access will remain restricted pending the determination of the appeal.

The regulations also introduce new sections into the Environmental Protection Act 1990. The second power will be available to the Environment Agency and local authorities in their capacity as waste-collection authorities, because both the agency and local authorities are responsible for different aspects of waste management regulation under the Environmental Protection Act 1990. As with the previous power, the Environment Agency and local authorities’ ability to require the clearance of waste at non-compliant sites needs strengthening. Currently, the Environment Agency and local authorities can require an occupier or a landowner to remove only waste that has been illegally deposited at a non-compliant site; for example, waste not deposited in line with the conditions of a permit. We are therefore extending the scope of the current power to enable the Environment Agency and local authorities to require operators or landowners to clear all the waste at a non-compliant site, so no waste is left at the site. The power will not be applied retrospectively and will include a two-month transition period. Like the previous power, we think it is proportionate for operators and landowners to have the ability to appeal. Giving the regulators these two additional powers will bear down on the non-compliant part of the waste industry with rigour, as part of our quest for a healthy environment for future generations. That is why I commend the draft regulations to your Lordships. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for his detailed introduction of this waste enforcement SI. There are many SIs coming down the track and a great deal of detailed and complex information for your Lordships to get their heads around. It is estimated that there are currently around 600 illegal sites operating in England, Wales and Northern Ireland. The Environment Agency already has the power to shut down illegal waste sites due to the damage they cause to their surroundings.

In 2016, the Environment Agency prosecuted 110 businesses and individuals for offences related to illegal waste sites. In some cases, landowners caught by this illegal activity were unaware of it taking place. Illegal waste sites are a blight on communities and undermine legitimate landfill operators. It is to be welcomed that the Government have listened to concerns raised by businesses and local communities and are taking action to tackle this crime—a crime which not everyone in society will recognise, but doubtless it goes towards the ever-increasing crime figures, which are regularly published.

In 2015, waste crime cost the English economy more than £600 million. This included lost landfill tax revenues and clean-up costs. It creates severe problems for people who live or work nearby, with odour, dust, litter, vermin, fly infestations, pollution and fires blighting lives. These criminals undercut genuine businesses that dispose of waste responsibly. The new powers introduced for the Environment Agency to lock the gates or block access to problem waste sites to prevent thousands of tonnes of waste illegally building up are very welcome. The powers will also enable the Environment Agency to force operators to clear all the waste at a problem site, not just the illegal waste, as the Minister has just said.

I have consulted with my local waste authorities and they report that there is little or no problem in Somerset with either waste sites operating without a licence or in breach of their licence. That is good news, but it would appear that the north of England and London are the worst-hit areas. During 2016-17, more than 850 new illegal waste sites were discovered by the Environment Agency. While an average of two illegal waste sites are shut down every day, they continue to create problems for local communities and businesses, as well as posing a risk to key national infrastructure. In 2013 a fire at a waste site in Stockport resulted in the closure of the M60 and three weeks of disruption to traffic, residents and businesses.

I am grateful to the Minister for sending me the sentencing guidelines for the offences committed by these environmental criminals. I found them most interesting. The range of classifications gives due consideration to whether the offence was deliberate, reckless, negligent or of no culpability; in other words, those who deliberately and knowingly flout the law and cause the most harm to the environment can expect the penalty to be severe, whereas those who find they are the subject of a breach of the law through no fault of their own, and little harm ensues, will be penalised at a much lower level. The range of fines, from £100 to £3 million, gives plenty of scope to the Environment Agency to ensure that culprits, both unwitting and serial offenders, realise that they cannot continue to flout the law and pollute the countryside.

However, I am concerned that the extra £30 million over four years that is to be made available to the Environment Agency to tackle waste crime, in the form of illegal sites and misclassification of waste, may not be enough. That sum sounds a lot but equates to only £7.5 million a year. Given the scale of the problem in recent years, I am not convinced that this sum will be adequate. I seek assurance from the Minister that sufficient resources will be made available to the Environment Agency to enable it to carry out its new legal duties to the degree that we all wish to see. That apart, I am happy to support this very important statutory instrument.

Air Quality

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 22nd February 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I think that all your Lordships want clean and cleaner air. That is why the Government have invested considerable sums of money, amounting to £3.5 billion. I can go through some of that expenditure in detail, but much of it is in support of things such as cleaner buses. For instance, retrofitting school buses in Manchester has resulted in a 92% reduction in emissions; the level of nitrogen dioxide fell by 27% from 2010 to 2016 and by 10% from 2015 to 2016. So progress is being made, but we want to do more. That is why, across the piece, we are going to bring forward our clean air strategy.

However, I want to be clear to the noble Baroness that the judge acknowledged that very considerable time and effort had been invested by both Ministers and officials. The judge also said, in relation to the five main cities where there is a considerable problem, that what was being brought forward was lawful. I do not want to trade elements of the judgment, because we should take it seriously. That is why, instead of requesting the 33 local authorities to undertake measures, we will be requiring and directing them to do so, because we want to make progress.

It is interesting that, of those 33 areas—which is really what the judgment came down to: what we are going to do about those 33 areas where we need to achieve compliance—10 are projected to come into compliance next year, 13 in 2020 and the final 10 in 2021. In looking at this, a lot of what can be done could be done comparatively cheaply—for instance, the rephasing of traffic lights, including at roundabouts. There are a number of ways in which we want to work with the individual local authorities concerned. The reason we have requested and required the leaders to come to the meeting next Wednesday is precisely so we can get what we all want, which is cleaner air for everyone.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the reply to the Urgent Question. In the “Conclusions” section of the hearing referred to earlier on the air quality plan, Mr Justice Garnham said:

“In its application to the 45 local authority areas, it does not contain measures sufficient to ensure substantive compliance with the 2008 Directive and the English Regulations”.


The Minister has stressed that the Government are fulfilling their legal requirements under the UK plan for tackling nitrogen dioxide concentrations, but I put it to him that those legal requirements fall a long way short of what is required to improve air quality in the 45 cities—never mind the 33—that were the subject of the court action taken by ClientEarth. The residents of those 45 cities deserve better for their children and elderly. Air pollution costs the UK economy £20 billion every year. Sick and vulnerable people, the elderly and children are particularly at risk. The health problems resulting from exposure to air pollution have a high cost to NHS services and business. As an asthmatic, I find that I am severely affected by poor quality air.

The Government’s success in banning the use of microbeads in wash-off cosmetic products could be extended to assist with the air pollution in the country. Research suggests that chemicals in everyday consumer products, including perfumes and paints, have been revealed as a major source of air pollution, comparable with emissions from the transport sector. This research suggests that these products emit significant quantities of petroleum-based chemicals, rivalling cars and other vehicles as the top source of urban air pollution. What steps are the Government taking to tackle this source of air pollution?

[Lord Gardiner of Kimble]

My Lords, the clean air strategy we are bringing forward is designed to deal with all elements of air pollution, because we think that is very important. I should have said to the noble Baroness, Lady Smith, that we are not intending to appeal; we want to implement what the judge has said. We are working actively, in different ways, with all the cities involved, helping them to tackle their NO₂ exceedances, and that is an issue for the whole United Kingdom. Wales, which was a separate party to the action, has conceded that it needs to do more and will be bringing forward a new plan in July. There are exceedances in Scotland and Northern Ireland—in fact, 22 of the 28 countries of the EU are in exceedance—so this is an issue we all need to grapple with very seriously. I am confident that my honourable friend Minister Coffey is dealing with this with rigour and drive.

Fisheries: London Convention—Withdrawal

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 11th January 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the countries involved in the London Fisheries Convention expected this to happen. It deals with the six to 12 miles issue when already we will leave the 12 to 200 miles agreement when we leave the common fisheries policy and the EU. This is why we took the decision that we did. As I have said, we want to work with partners, because fish stocks need to be sustainably driven. However, it gives an opportunity for the excellent fishing fleets in all parts of our kingdom to fish productively, sustainably and profitably.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I have heard what the Minister has said, but does he not agree that the Government must allow full parliamentary scrutiny of decisions affecting historic rights of access to UK and European waters?

[Lord Gardiner of Kimble]

My Lords, as I have said, a great deal of consideration went into this. Article 5 and annexe 1 of the Council regulation deal with historic rights. They are already in the common fisheries policy and it was a moot point as to whether we needed to address this issue at all. We thought it would be open and honest with the partners we have in the London convention formally to trigger that we would be leaving in two years’ time.

Brexit: Environmental Enforcement Agency

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 8th January 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, we are already working with devolved Administrations on which powers coming back from the EU should be devolved further. We want to explore whether Scotland, Wales and Northern Ireland wish to take a different or a similar approach on this matter. If they wish to join what will be an English body, we would be pleased. On the other hand, they may decide to take a somewhat different approach. Our thrust in this is to collaborate so that if they wish to be part of this body, we would welcome that.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the Government have said that the new environmental body must have teeth. Will the Minister say how the Government will ensure that this happens and what teeth they envisage it will need?

[Lord Gardiner of Kimble]

My Lords, again, I do not want to pre-empt the consultation. We want a wide consultation and stakeholders, your Lordships and others to participate in it. We need to fill the governance gap, particularly as we wish to enhance the environment. I hope that before too long we will publish the 25-year environment plan. We want to enhance the environment, and that is a step forward. I assure the noble Baroness that we wish to have a rigorous environmental body.

Environmental Protection (Microbeads) (England) Regulations 2017

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Monday 18th December 2017 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, it is a privilege to introduce these regulations. Microbeads are small plastic particles which have been added to many personal care products. One shower alone can send 100,000 microbeads into the water system and subsequently into our seas and the habitats of the marine animals that live there.

Most significantly, once released into the environment, it is impossible to recover microbeads or remedy the effects that could subsequently emerge. These regulations will ban the manufacture and sale of rinse-off personal care products containing plastic microbeads. The range of personal care products that can contain plastic microbeads is considerable, from products such as shower gels, face scrubs and toothpaste to hand-cleaning products such as Swarfega. Subject to your Lordships’ consent and a positive outcome in the other place later today, these regulations will be signed tomorrow and 21 days from that point of signature the manufacture in England of any rinse-off personal care product which uses microbeads as an ingredient will be banned. Six months from that point, a further ban will come into place to prevent the sale of any rinse-off personal care product containing microbeads. Crucially, this means that those products will neither be able to be imported and sold here nor able to be exported.

We know that there are various sources of plastic entering our seas and oceans due to human behaviour. Recent estimates suggest that up to 12.2 million tonnes of plastic are entering the global ocean every year and 80% of the plastic that is in the ocean has come from land-based actions. Furthermore, it is estimated that personal care products containing microbeads contribute 35,000 tonnes of plastic into the global oceans each year. Put simply, this cannot go on and our generation must act. We have a responsibility as individuals and as a Government not to shirk the global challenge of marine pollution. We must act together to stop this pollution at source and there is no time to lose. Anyone who disputes this should be prescribed a course of “Blue Planet II”.

The regulations before your Lordships help us take a step forward. This will reduce the unnecessary release of plastic into the marine environment and lessen harm to marine organisms caused by this form of microplastic. We have been working closely with the devolved Administrations. Very few cosmetics and personal products are manufactured in Scotland, Wales or Northern Ireland. The ban on both manufacture and sale of microbeads will come into effect on the same day there as the English ban, which is likely to be 9 July. I hope your Lordships will accept the need for these regulations and that the need is pressing. The approach here is another strong example of the continuing role that the UK has taken to protect the marine environment, not just not around our coastline but throughout the world, including our overseas territories. This legislation will deliver one of the strongest, if not the strongest, bans on microbeads in the world. There is clearly much more work to be done, both at home and internationally, on marine litter and pollution and the protection of our seas and oceans.

Evidence concerning microplastics has provided us with information about the potential environmental impacts of microbeads. Ingestion of microplastics by some marine organisms can reduce digestion of food and adversely affect reproduction. They can also be passed along marine food chains. In addition, we know from current evidence, some funded by Defra but also available from other sources, that chemical pollutants can leach from and attach to microplastics, with the potential that these could increase exposure levels of toxins when ingested by marine organisms. Microplastics themselves may also contain potentially harmful chemicals.

I recognise the efforts that industry has taken to address the problem of microbeads. A number of manufacturers and retailers have already stopped using microbeads in their products or have committed to do so, but we have now reached a stage where we have to take more decisive action. Natural alternatives for microbeads do exist. These are readily available and, indeed, were used successfully in personal care products before plastic microbeads were introduced. The approach we have taken is based on clear evidence and as a result has the support of a wide range of stakeholders. Our action on microbeads is a further demonstration of our commitment to address marine litter and protect our seas and oceans. This is an important measure. Marine pollution is no respecter of boundaries and we must work collaboratively, but today we have a particular opportunity for our country to send out the strongest of signals. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am delighted to welcome these regulations to ban the production of microbeads in water-soluble cosmetics. I agree with absolutely everything that the Minister said. I declare an interest as a district councillor; it will become clear why later on.

As the Minister said, there are other suitable non-plastic alternatives available to the cosmetics industry. Around 72% of manufacturers have already switched from plastic microbeads to other, more sustainable alternatives, but this leaves 28% of UK cosmetics manufacturers to fall into line. At the end of 2016 and the beginning of 2017 there was an extensive public consultation, which supported the ban on microbeads. As the Minister said, currently that applies only in England but it is expected to be extended to Wales, Scotland and Northern Ireland in July next year. The cost of the ban is approximately £500,000. This is clearly a manageable sum for the largest cosmetics manufacturers. Smaller, local manufacturers do not use microbeads and so are unaffected by this legislation.

As the Minister said, these microbeads are small plastic particles which move through the sewage system and out into the sea, where they are consumed by marine life, sometimes adversely affecting digestive systems. The impact assessment states:

“There is little evidence of the impact to human health”,


although the Department of Health is conducting a review. Fish digestive systems, where microplastics are likely to get caught, are usually removed when preparing fish for human consumption. This is a personal warning to me as I am a great fan of sprats, which I eat whole. Perhaps I will have to change my eating habits.

That apart, my only real concern relates to the enforcement of the regulations surrounding the ban. This is to be allocated to local authorities. As most noble Lords are aware, local authorities have had their budgets cut drastically and are finding it extremely difficult, if not impossible, to make their income stretch over the services they deliver. To add another burden to them could mean that the regulations are not properly enforced—not because local authorities would not wish to do it but because they simply may not have the money to carry out the function effectively. I flag this up to the Minister and seek reassurance.

Regulation 2 relates to who will be enforcing the regulations. Sub-paragraph (d) states that this will be,

“in relation to an area in the rest of England, the county council for that area or, where there is no county council for that area, the district council for that area”.

So is it only county and district councils which will be carrying out the enforcement in most of England? In sub-paragraphs (a), (b) and (c) there is no mention of metropolitan areas apart from London or of unitary authorities. Is this an unfortunate omission? Are these areas excluded? Have I missed something? I would be grateful to the Minister for some clarification.

That apart, I am absolutely delighted to support these regulations, and thank the Minister for his very helpful briefing. I very much look forward to further bans on the unnecessary use of plastics, which the Secretary of State announced this morning.

Rural Poverty

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Tuesday 5th December 2017 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, with ever-increasing house prices in rural areas, local working families are priced out of the market. The right-to-buy scheme has not led to new housing replacing those sold. There are now large numbers of essential workers unable to afford to live in rural areas. Do the Government agree that it is time for them to provide homes for essential workers, such as care workers, teachers, nurses, firefighters and front-line police officers?

[Lord Gardiner of Kimble]

My Lords, that is why I mentioned the £9 billion in the affordable homes programme scheme. We did this precisely because we want people working in the countryside to be able to ensure that communities tick and that they have affordable homes. Last week I was at a very interesting rural affordable housing development in Warwickshire—another fine example of the many sensitively built and small-scale schemes doing exactly what we need to do to keep villages vibrant.

Flood Defences

Debate between Baroness Bakewell of Hardington Mandeville and Lord Gardiner of Kimble

Thursday 3rd December 2015 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, my noble friend is absolutely right that we need not only to protect property but to ensure that agricultural land and production of our food are safeguarded. That is why more than 98% of arable land in England is protected by flood-risk management assets. There has been no risk of flooding in those areas from seas and rivers.

My noble friend is absolutely right: we need to get our planning guidance right. That is why there has recently been a revision of planning guidance so that we avoid flash flooding as best we can. We are working closely with the NFU and our joint action plan on that is vital. My noble friend said that we need to reflect on how we farm near watercourses. We need to improve. Indeed, in relation to my noble friend who asked the Question, we are working on slowing the flow in Pickering, for instance. We have done great work in preventing flooding in Pickering by working with local farmers.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, as the Minister has already said, the memory of the last disastrous flooding of the winter of 2013-14 is still with us. Is the Minister confident that, when Flood Re comes on board next April, it will both cope and be fit for purpose?

[Lord Gardiner of Kimble]

My Lords, it was my privilege to take the Flood Re regulations through this House. We had an interesting and useful debate on them. Flood Re is expected to cover the 1% to 2% of households at the highest risk of flooding. It will protect people in those properties to ensure that they can find affordable flood insurance. It will come in next spring and it will be a great advantage for people in those situations.