Domestic Animals: Welfare

Baroness Bennett of Manor Castle Excerpts

Monday 16th December 2024 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

Ongoing attacks show that we need to do more to protect the public from dangerous dogs. There has of course been a ban on XL bullies, which has been updated recently. That is there to protect public safety, and we expect owners to comply with all the conditions in that legislation. More broadly, we are working with enforcement agencies and animal welfare groups to help prevent further attacks by encouraging responsible dog ownership, addressing dog control issues before they escalate and using the full force of the law where needed.

[Baroness Bennett of Manor Castle (GP)]

My Lords, we have heard this afternoon the Government’s announcement on plans for substantial changes to local government. Of course, much of the enforcement of animal welfare regulations happens at local government level. Can the Minister assure me that Defra is fully involved in making sure that, whenever the changes happen, the animal welfare elements are maintained as a strong force in whatever new arrangements come in?

[Baroness Hayman of Ullock (Lab)]

I can completely reassure the noble Baroness that we are working very closely on a cross-departmental basis on any issues that cover more than one department’s interests. I am sure she is aware that I have a very strong interest in animal welfare and will be doing all I can to ensure that it is considered at every level.

Environmental Targets (Public Authorities) Bill [HL]

Baroness Bennett of Manor Castle Excerpts

2nd reading
Friday 18th October 2024 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Krebs. I thank him for bringing forward this terribly important Bill. I also thank Wildlife and Countryside Link, Green Alliance and Climate Action for their comprehensive briefings on it. This is not what you always see on a Private Member’s Bill, when you think of the weight of backing that represents.

To encourage the noble Lord, Lord Krebs, although there is no doubt that the graveyard slot means that we do not have the numbers we might have had, a recent headline from Scientific American noted that

“graveyards are surprising hotspots for biodiversity”.

So we can flower from this graveyard something rich, productive and great for the health and well-being of the country.

Ours is one of the most nature-depleted corners of this battered planet, as the public have increasingly come to understand over the past few years. There is a great deal of concern about the state of our rivers and seas, but there is also a growing understanding of the state of our peatlands, both uplands and lowlands. My social media feed sometimes seems to be entirely full of people desperately fighting to protect an ancient tree that is not only very valuable to a community but an absolute hotspot for biodiversity.

There is huge public concern to deliver on the Climate Change Act 2008 and the Environment Act 2021, but as the noble Lord has already set out, it is patently obvious that we are not seeing delivery. Any one Act of Parliament, or action, cannot possibly deliver that. This week I attended, along with many other Members of your Lordships’ House, an event focused on the much-promised land use framework, which is among the other things we desperately need. Also, our Treasury needs to be given not a target for GDP growth but something like the New Zealand living standards framework, so that the environment is at the absolute heart of everything it does.

None the less, as the noble Lord has already set out, we have a whole set of bodies which are absolutely crucial to getting us moving in the right direction, at least, for our climate and nature targets, but they are not currently equipped to do so. They do not have the statutory framework to make this happen, and that is essentially what the Bill provides.

Let us consider the evidence. Under two recent Governments we have seen new oil and gas projects, new roads, airport expansion, and the destruction of ancient woodland and the valuable trees I talked about. As a vice-president of the Local Government Association, I stress the importance of local authorities being properly resourced to play their full part. They are not, and the Bill would help with that. The Green Party offers its strongest possible support for the Bill.

--- Later in debate ---

[Lord Blencathra (Con)]

My Lords, I declare my interests as in the register. As an aside in relation to the previous Bill, as a former chair of the Delegated Powers and Regulatory Reform Committee, I published a report on the appalling abuse of delegated powers by all Governments over the past 30 years. It is just as well that I was not replying for the Official Opposition, because I would have probably supported the Bill in the name of the noble Lord, Lord Thomas of Gresford.

When the noble Lord, Lord Krebs, proposes something, we should all pay close attention because he speaks from a position of great authority. We have all had in the past 24 hours—at least, Conservative Members have—a note from the Chief Whip reminding us of the proper appellations and how we should address people in this House. In this House, we have noble and gallant Members and noble and learned Members. I always thought we should have a category of noble and expert Members, of which the noble Lord, Lord Krebs, would be the prime example. I recall a debate during the gene editing Bill, when the noble Lord was making some important but totally inexplicable technical point about DNA with the noble Lord, Lord Winston. It was inexplicable to every other Peer present, as we had no idea what they were talking about.

On this occasion, I think I understand the thrust of the noble Lord’s argument. I worry about overreach and that it may detract from the core tasks some of these public bodies have. That is the fourth reason I would worry about the Bill, not that I necessarily support the other three reasons; I have no objection to them in principle.

Take national parks, about which I know a little. Legislation which has received universal support over the past 75 years gives them two purposes: conserving and enhancing the natural beauty, wildlife and cultural heritage of the designated national parks, and promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public. I must say to the noble Baroness, Lady Willis, that the national parks do not have an economic objective. In fact, one of the criticisms many of the national parks make is that they do not have that economic objective in their powers.

We all agree that national parks and AONBs, now called national landscapes, need to do more to recover wildlife and biodiversity. I have lived in the Lake District national park for many years and, as the Minister will agree, it is just as devoid of wildlife as the areas outside it, unlike US national parks. Recognising that, Defra introduced the grant scheme for farming and protected landscapes. It offers grants to farmers, provided that they deliver on climate change and biodiversity goals. They must support nature recovery and mitigate the impacts of climate change. They must provide opportunities for people to discover, enjoy and understand the landscape and its cultural heritage. They must protect or improve the quality and character of the landscape or place.

I suggest that these remain in sync with the national park aims and that we need to let these develop. Indeed, I would urge the Government to expand them before imposing the requirements in this Bill. I also suggest that the national parks will be out of their depth in trying to assist in meeting a target for particulate matter or air improvement. On water quality, we shall probably debate amendments to the water Bill on sewage in Lake Windermere, over which the national park has no control.

On local authorities, this House made some substantial changes via the Environment Act 2021 to amend the NERC Act 2006 to conserve and, now, enhance biodiversity. A public authority must consider what action it

“can properly take, consistently with the proper exercise of its functions, to further the general biodiversity objective”.

That objective, set out in the Act, is

“the conservation and enhancement of biodiversity in England”.

Section 104 of the 2021 Act creates local nature recovery strategies, and 48 designated “responsible authorities” are now developing such strategies, covering every inch of England. Every nature organisation agrees that this will be the greatest boost to wildlife recovery in our lifetime.

Noble Lords may say that takes care of the biodiversity targets, but what about climate change, water and air? To that I would say that many of the organisations listed here do not have the ability or competence to assist in meeting those targets. We spoke about the problems of water quality at Second Reading of the Water (Special Measures) Bill last week and will debate it in more detail in Committee, but the only organisations that can improve water quality are the water companies, the Coal Authority, which has a specific obligation, the Environment Agency and Ofwat. I see that Ofwat is listed in Clause 2(2)(i) as a public body which must

“take all reasonable steps to meet the environmental recovery objective”.

I think there was probably agreement from all sides of the House last week that Ofwat has failed in its relatively narrowly defined key regulatory role, and no one would trust it with any responsibilities on climate change adaption, air quality and biodiversity recovery.

I would have similar concerns if we gave all local authorities the duties under this Bill to assist with all the targets on climate change and the Environment Act. My concern is that many local authorities with no expertise in the targets in this Bill would be diverted into doing this badly instead of the day job. As we have seen, many local authorities have gone off on woke tracks in recent years. If given these duties they will, I am certain, merrily employ climate change, air and water quality officers, and our dustbins will not get emptied regularly and recycling rates will fall further behind.

Let us look at Ofgem’s priorities. They are:

“shaping a retail market that works for consumers … enabling infrastructure for net zero at pace … establishing an efficient, fair and flexible energy system”,

and

“advancing decarbonisation through low carbon energy and social schemes”.

Ofgem is already on board with the net-zero targets and, I suggest, would be at a loss to assist with air quality and biodiversity aims.

Take Great British Nuclear, which was created in 2023, not 100 years ago. It has as its objects

“to facilitate the design, construction, commissioning and operation of nuclear energy generation projects for the purpose of furthering any policies published by His Majesty’s government”.

I do not think you can make a better contribution to net zero than that.

I will not go through all the 28 organisations, but a final example is Network Rail, which has as its objective

“to get people and goods to where they need to be, and in turn to support the UK’s economic prosperity. Our role is to run a safe, reliable and efficient railway, serving our customers and communities. We oversee the running of the railway as an entire system and work closely with train operators to deliver train services as safely, reliably and punctually as possible. We lead the industry’s planning for the future of the railway, and we’re committed to a sustainability agenda”.

I say that with a straight face. I think we all have views on how well Network Rail has fulfilled its primary purpose, and I would dread to see it having the slightest responsibility for net-zero or biodiversity objectives.

I am glad that this building is not included because I have counted six oil heaters trying to boost the heating in this building, as our 150 year-old steam generators are not quite working yet. I am not sure what contribution we are making in this House to burning extra carbon and use of electricity.

I have spoken more about biodiversity and nature recovery than climate change—possibly inevitably, since I am, for the next two months, still the deputy chair of Natural England and a member of the board of the Joint Nature Conservation Committee, both organisations listed in the Bill. I submit that those two organisations do not need these provisions to drive forward, within their areas of expertise, all the relevant targets. They are already leading the way.

I also believe that climate change and nature recovery are two sides of the same coin and that, if we restore our peatlands, which hold 3 billion tonnes of carbon, plant the right trees in the right places, conserve our sea-floor and keep carbon trapped there, and go for nature-friendly solutions, then we can avoid the excessive cost of going too far, too quickly on heat pumps, electric cars and getting rid of gas boilers, not to mention the appalling damage to our natural landscape caused by wind turbines and pylons.

Personally, I have always considered biodiversity loss to be more important than climate change. With enormous political will and an awful lot of money, climate change can be reversed, but once a species is lost it is lost for ever, and the world is losing species at an alarming rate.

In Committee, I will judge the Bill by what these 28 public bodies can legitimately do, without detracting from their core duties, to increase species abundance and recover nature. I believe that that is the top priority and the key to unlocking climate change improvements and water quality. I wish the noble Lord well with his Bill, and I look forward to hearing the Government’s response to it.

[Baroness Bennett of Manor Castle (GP)]

Before the noble Lord sits down, for clarification, he appears to be suggesting that climate change and nature have to exist in certain silos and that getting people around the country by rail is a different and entirely separate silo. Do I take it from that that His Majesty’s Opposition’s position is that we should not mainstream climate and nature across all areas of action of government and public bodies?

[Lord Blencathra (Con)]

Of course we want to “mainstream” it, but I am suggesting that some of the Bill may be overreach for some of the authorities and that they may not be competent to do it. I am not making any argument that it may be too costly, but we must try to achieve our targets on climate change reduction and in the Environment Act by the measures that the last Government took and that the current Government plan to take. I would be rather worried if we gave additional powers in the Bill to some of those authorities, but I remain to be convinced in Committee. I am sort of neutral on the Bill, and I respect the noble Lord, Lord Krebs, in his ability. In Committee, we can explore the points the noble Baroness raises.

Rural Communities

Baroness Bennett of Manor Castle Excerpts

Tuesday 15th October 2024 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my position as a vice-president of the Local Government Association. I thank the noble Baroness, Lady McIntosh of Pickering, for securing this important debate and for highlighting in her introduction the environmental, social and community destruction threatened by electricity pylon transmission ploughing through the countryside—something my honourable friend Adrian Ramsay, the MP for Waveney Valley, has very much focused on.

That is an illustration of a much broader issue: that the relationship between the countryside and urban areas is very often an extractive one. Public goods, whether electricity or food, are produced in rural areas, and then the benefits are carried by urban areas and the costs continue to be borne by the rural areas.

We have this idea of rural areas as a green paradise: idyllic ancient oaks, babbling brooks, green meadows, chocolate-box villages—the picture-postcard countryside described by the noble Lord, Lord Cameron of Dillington. I will focus on the ways in which it can continue to look like that, yet sometimes the reality is deeply unhealthy in terms of public health and environmental damage. I will focus on three issues: ammonia and phosphate pollution, pesticide use, and manufacturing and chemical contamination. These tend to be thought of as urban issues, but they are increasingly affecting rural areas.

I start with nitrogen and phosphate pollution. The number of intensive poultry units in England and Wales needs to halve in the next 25 years to save our rivers, says the Soil Association. Here are some figures that might shock your Lordships’ House: 1 billion chickens pass through intensive poultry units each year in England and Wales. You might say that this is traditional industry but, year on year for the past decade, the number of chickens has increased by 1 million birds every month. Associated with that is real environmental damage in rural areas, particularly in Lincolnshire, Norfolk and the counties around the River Wye. Norfolk has some of the most polluting poultry facilities in the country. The River Wye region is now a huge matter of public concern due to the amount of pollution caused by that.

Turning to pesticides, again, we do not really think very much about the public health aspects of these for rural areas. However, Defra figures from 2022 show that pesticide usage was similar to 2010 levels by volume or by weight, but that the pesticides we are using are becoming more toxic all the time. I credit a campaigner, Georgina Downs, who has been working on this issue for many years, with showing me videos of pesticide use in rural areas. We think of this as being out in the fields, but we see sprayers within literally a couple of feet of people’s front or bedroom windows. Pesticides are being sprayed up and down fields every few days, and rural dwellers face seeing that all the time.

Turning to manufacturing, just today, the Environment Agency said that it lacks the budget to address growing understanding of so-called “forever” chemicals—per- and polyfluoroalkyl substances, known as PFAS. Areas where the problems are concentrated include the former RAF base at Moreton-in-Marsh in Gloucestershire, Bentham in North Yorkshire, and Duxford in South Cambridgeshire. These issues are not confined to urban areas.

So, there are many public health issues, and then there is the issue of health services. Far too often, the health services that people in rural areas so urgently need are simply not available to them; and of course, there is often no public transport to get to health services in more urban areas. These are issues that other noble Lords have raised, and that the Government need to address.

Official Controls (Location of Border Control Posts) (England) Regulations 2024

Baroness Bennett of Manor Castle Excerpts

Wednesday 22nd May 2024 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I will speak to the Motion in my name, as a follow-up to a very interesting debate we had in your Lordships’ House on 2 May, led by the noble Baroness, Lady McIntosh of Pickering, on the subject of imports and exports of food and agricultural products. It was a lengthy debate, with some excellent comments from a number of noble Lords.

The Minister gave some good answers to many of the questions, but one that I did not feel that he responded to in enough detail was about where all the different checks on trucks would take place—most of the vehicles coming in are trucks, both big and little. I came away with the impression that, if the checks could not be done in Dover because there was not enough space, the drivers would be told to go up the A20, which becomes the M20, and turn left at the fourth junction, which is called Sevington near Ashford.

Now I know that area very well and I thought that there would be a temptation for the drivers to forget to turn left and trundle up either to London or to a small shed, where the cargo could be transferred to another truck and possibly avoid some of the checks. I felt that that was an omission that the Minister might like to put right—and I am sure that he will do so tonight. I am very grateful that we had a quick chat about it recently.

In addition to the comments made by noble Lords in that debate, there has also been a lot of media coverage, particularly about the import of EU food, and comments about basic questions such as: what is a “consignment”? Noble Lords may not want to know what a consignment is, but can the Minister say whether it is a truckload, several parcels in a truck, or something in between? Several years after Brexit, this should have been sorted out. We are told that there is a shortage of staff and places to have the checks, which is adding cost and delay, particularly to the import of foodstuffs, which have a shelf life, and this is something the Government should have sorted out before now.

However, coincidentally, yesterday the Government published a new document—I am sure that it has nothing to do with the fact that we are having this debate today—called What To Do When Attending an Inland Border Facility. It might be complicated but is only about 10 pages long, so I am sure that all the truckers in the world will be studying it over their tea. It gives good information about what they should and should not do, but it also demonstrates how incredibly complicated the system is. The first thing it says is:

“Get ‘border ready’ … Get ready before you reach Kent”—


I suppose that depends which direction you are going in. But, under the heading “Common Transit Convention movements”—I am not going to read out the whole document because we would be here all night—the document indicates that a good debate that your Lordships held two or three weeks ago seems to have delivered something that may actually be of help to the importers and exporters. Maybe this is a lesson that the Government, who may change after the election, want to be remembered by this wonderful document, which has taken them two or three years to produce. However, there it is, and I look forward to the press comments saying how wonderful it is. I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the noble Lord, Lord Berkeley, for securing this debate, and I return to issues that I have previously raised with the Minister, particularly about biosecurity and the impacts on small and medium-sized enterprises through the operation of these inland sites. I have three points to make.

First—perhaps the Minister can provide information on this—I have been speaking to the environmental horticulture industry and I declare that, along with the Industry and Parliament Trust, I have a fellowship with the Horticultural Trades Association. What seems to have settled into the pattern for the environmental horticulture sector is that it is seeing large numbers of lorry loads being simply waved through and not being subjected to any checks. I am well aware of the desire to make sure there is not too much obstruction at the border, but there is a general feeling, which I will come back to later, that Sevington does not have enough space or staff capacity at the right times and it is impossible to carry out the biosecurity checks that were previously done on-site when goods arrived at nurseries and other places. That presents a serious biosecurity risk, when we know the pests and diseases that potentially can be imported from the continent. There are also concerns about goods coming from other places.

Secondly, I refer to the comments made in the past few days by the director-general of the Institute of Export and International Trade, which particularly looks at the food aspects. He referred to

“businesses left in the dark with vital information provided much too late, the systems being introduced aren’t working properly. Businesses are frustrated, hauliers are angry and fresh produce has gone off due to repeated delays”.

Like the noble Lord, Lord Berkeley, I am not going to read out an enormous amount of detail here, but it is worth people in general knowing that, on 17 May, Defra issued a series of updates. These indicated that medium-risk plant products will now be split into two categories: “Medium Risk A”, which need phytosanitary certificate and pre-notification, and “Medium Risk B”, which need a phytosanitary certificate but no pre-notification. So far, only certain fruit, such as quince and stone fruit, are in the latter category; spinach leaves have just moved from the “Low Risk” to the “Medium Risk A” category. We have to look at the usage and what is happening to the facilities created by the instrument that we are discussing and think of how difficult it is for people to manage this system when those kinds of things are happening.

Finally, again referring to Sevington, I want to mention issues that were raised by the Dover port authority at the end of March but that still very much apply. Now that we have had some time for the facility at Sevington to be in operation, perhaps the Minister can comment on the way in which it is going. There was great concern about whether Sevington had sufficient capacity to be able to handle products of animal origin. The reports I am hearing suggest that many lorry loads are either being waved through or ending up having to wait for long periods, which for animal products is a serious issue.

We are going into an election period. I guess that these issues are probably not going to get much of an airing for six weeks or so, but they are continuing issues that will need to be grappled with by whoever is in government and by an industry sector that is giving strong indications that the Government’s systems are causing it to struggle enormously with getting in the goods it needs.

[Baroness Randerson (LD)]

My Lords, I thank the noble Lord, Lord Berkeley, for putting down this Motion for debate and for rightly emphasising the importance of the short straits crossing in relation to these regulations. To pick up his final point about the government guidance issued yesterday, this new system was introduced on 30 April. It defies belief that, after all these months of preparation, the situation is still producing a time lag for instructions on how people should be using them.

Obviously, the area of greatest concern throughout the UK is the issue of Sevington in relation to the short straits crossing, because it is about 20 miles from Dover and from the mouth of the Channel Tunnel to Sevington. Previous questions I have posed to Ministers have produced what I understood to be a statement that there are no plans by the Government to escort vehicles from the port to Sevington and no plans to observe those vehicles to make sure that they get safely from one to the other. I would be grateful if the Minister could confirm that people will be trusted to take that journey and not to disappear en route. The drivers of those vehicles will already have been picked out and will know that they are under additional checks. They would have every incentive to avoid those additional checks if they were intent on some kind of malpractice. I fully understand that the average driver is not of that ilk, but there are people with what have been described to me as seriously dodgy loads.

Animal Welfare (Livestock Exports) Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Wednesday 8th May 2024 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I apologise that this is the first time I have taken part in the debates on the Bill. My noble friend Lady Jones of Moulsecoomb took part in earlier stages, but she is otherwise occupied today so we are tag-teaming.

I sympathise with the comments made by the noble Baronesses, Lady Bakewell and Lady McIntosh, on the circumstances in which our farmers find themselves. They have set up their businesses according to the policies and frameworks provided by successive Governments, and it is now clear that those will have to change radically because of the climate emergency and food security issues, et cetera. When the Government take steps, it is important that we see and understand what the impacts will be on individual farmers.

I will speak to this amendment just to ask the noble Baroness, Lady Bakewell, one question and to put on the record something that I think is important. In the debate on the previous group, we heard from all sides of your Lordships’ House that people have been campaigning for decades for the impact of this Bill to be delivered, including the noble Baroness, Lady Fookes—credit to her—and many others. It is important that we put on the record and make clear that the purpose of this review would not be to reverse the action of the Bill or to say that we have to let live exports happen again because of the Bill’s impact.

This is a situation where the UK is, without a doubt, providing leadership. There are still horrendous things happening with live livestock exports in the EU. A report last year showed that there had been

“180,000 consignments of EU cattle, pigs, sheep and other species over a 19 month period”.

Many of them suffered from

“overcrowding, exhaustion, dehydration and stress”.

There is also the subject of the biosecurity risks of moving live animals in such a manner, which I have often discussed with the Minister. To put it on the record in Hansard, can the noble Baroness confirm that there is no intention in your Lordships’ House to reverse the direction of the Bill?

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, for introducing her Amendment 2. It seems to be a perfectly reasonable suggestion to review the impact on farming, for the reasons that she introduced and other noble Lords mentioned, particularly the noble Baroness, Lady McIntosh of Pickering. Our farmers have had a pretty tough time over the last few years. There have been a lot of changes, and this is another change—one that we strongly support. We need to ensure that our farmers are always steered and supported through any major change to the way their businesses have to operate.

An important point has been made about farmers’ concerns about being undercut by cheap imports, including the point made by the noble Baroness, Lady McIntosh, about poultry in particular. It is very expensive for our farmers to bring in the new systems on animal welfare that we expect them to. It is good that they do so and that we farm to particularly high animal welfare standards in this country, but we should not allow the sale of produce in this country that does not meet those same standards. When we do our trade deals, we need to be really careful about what we are opening a door to. We should always first support our own farmers and the standards that we need to meet in this country.

Some concerns were also raised about border controls and the cost to farmers and producers of the new controls that are coming in. I will not go into great detail about that, as other noble Lords have talked about it and we had a fairly extensive debate on it in this House— I cannot remember whether it was last week or the week before; time flies when you are having fun. Any impact of the border controls, combined with changes in how farmers are expected to manage, transport and export their produce, needs to be considered as a whole. That seems to be a very sensible approach.

The noble Baroness, Lady Bennett of Manor Castle, also made the important point that any review must take into account what the potential outcomes of that review could be. Clearly, the last thing any of us would want to see would be any review resulting in the starting up of live exports. I say that with the assumption that the Minister is not going to stand up and say that he will accept the noble Baroness’s amendment. However, it is generally the case that new legislation does get reviewed at some point—so, again, it is important that, once this is on the statute, it does not get unpicked at any stage.

Although we very much support the points that the noble Baroness, Lady Bakewell of Hardington Mandeville, is making here and the points made by other noble Lords during this debate, as previously, we would not want to slow the passage of the Bill in any way. So, while it is important that we have discussions and debates around this, we would not want to hold the Bill up at all.

I just want to make one very final point. I was absolutely delighted to hear the noble Baroness, Lady McIntosh, talk about ungulates. Many years ago, in a previous life, when I was a proofreader, I proofread a book called The Biology and Management of Mountain Ungulates—and I never thought I would get the opportunity to say that in this House.

EU Imports and Exports: Food and Agricultural Products

Baroness Bennett of Manor Castle Excerpts

Thursday 2nd May 2024 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the noble Baroness, Lady McIntosh, for securing this debate. I am going to focus my comments on the second part of her question on the border target operating model. In part, that is because on Tuesday morning, purely by chance, as the model was going into operation, I was joining an official from the Horticultural Trade Association on a visit to Rochford nursery in Hatfield, so I heard live, first-hand reports that were coming in from the environmental horticultural sector about what was happening as the controls came into place. I should declare that I was making that visit as part of my fellowship with the Industry and Parliament Trust.

One of the things I was hearing that morning was that many companies had pre-ordered to make sure they beat the deadline or had delayed orders for a couple of weeks. Is the Minister aware of just how much the Government are putting into operation now? Many companies in the horticultural sector, and I have no doubt in the broader sector as well, have ensured that there is a much slower flow now, but it is going to ramp up over coming weeks. Are the Government ready for that ramp up?

I also heard that, even before the model officially came into operation, there had been considerable confusion with the paperwork. If customs agents ticked the wrong box, they were being precharged for the inspections before the inspections had actually started. More than that, the cost of the inspection was being charged to the customs agents, when it should have been charged to the companies. They were then going to add 10% to those charges as a handling charge. That gets to the complexity that small and medium-sized enterprises in particular are facing when dealing with this.

I shall focus primarily on the environmental horticultural sector, which is vital to greening our urban areas, expanding our agroforestry and generally contributing to public health. More than 90% of our tree and plant growers, members of the HTA, import plant products. Many of those are plug plants, some of which I was shown during my visit. They are tiny and extremely prone to drying out, but I am told that the warehouse in Sevington, and the other warehouses, have no temperature controls. Sometimes the plants are moved in temperature-controlled trucks but, if they are held up at a border control post, they can quickly die and become worthless.

There are other issues in terms of handling. Members of the HTA have been told that there is only forklift handling in the warehouses, so the warehouses can handle only palletised loads. Some of the plants being imported, certainly the higher-value ones, are too large to go on pallets, which are carefully packed into lorries by expert packers at the European end, and to unpack and repack them is an extremely skilled job. There was a general feeling that the Government were just going to have to ignore those loads because they do not have the capacity to deal with them, but obviously that is a biosecurity risk.

I have a question for the Minister, although I understand if he needs to write on this matter. The information that I received was that, if a lorry is directed to go to Sevington for an inspection and it simply does not go, at the moment no one knows what the penalty is. No one knows what will happen if the driver confuses their instructions or does not follow them. What happens then? There seems to be a total blank on that in the industry—which is a bit of a hole, given that the whole process has started.

I shall pick up on points made by the noble Lords, Lord Trees and Lord de Clifford, about biosecurity, particularly in the animal area. We are in a situation where there is now significant concern in the US about H5N1, a highly pathogenic avian influenza that is now widespread in cattle herds and has been detected in one in five samples of US milk. Just this week, the US started testing beef to see what incidence it finds. My understanding—I am relying on a report in the Telegraph here—is that a special unit has been established in Defra to look into this issue, but there are no plans to test milk, beef or cattle in the UK. I have to ask the Minister, especially in the context of biosecurity that we are talking about, why we are not taking the obvious precautionary approach of doing that testing. I echo the remarks made by both noble Lords that any reduction in tests or inspections, particularly of animal products, is a grave concern.

Chemicals Strategy

Baroness Bennett of Manor Castle Excerpts

Tuesday 30th April 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

My Lords, as the noble Earl knows, restrictions preventing the general use of three neonics in agriculture have been in place for several years. The Government continue to support these restrictions and have no intention of reversing them. A neonic seed treatment, Cruiser SB, is allowed to be used on sugar beet in England only if yellows virus is predicted to pose a threat to that year’s crop. This decision is not taken lightly and is based on a robust assessment of the environmental and economic risks and benefits.

[Baroness Bennett of Manor Castle (GP)]

My Lords, in the last four years, the EU has added 31 substances to its list of substances of very high concern and has banned eight substances on that list outright. The UK is reported to be considering adding four to its equivalent list of substances of very high concern, by 2025 at the earliest. Analysts have suggested that this is because of either the Government’s general reluctance to regulate or the lack of Civil Service capacity. Will the Minister change either of those two factors?

[Lord Douglas-Miller (Con)]

I believe there might be choices other than the two that the noble Baroness highlights. One is that not all those substances are necessarily being, or will be, used in the UK; therefore, banning them seems in no way appropriate. However, I take the noble Baroness’s point and will look into it further.

Fur: Import and Sale

Baroness Bennett of Manor Castle Excerpts

Monday 22nd April 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

I thank my noble friend. I was not aware of those statistics from the RSPCA, but they sound very concerning and it is a matter that the Government will be taking very seriously. As for the content, I will refer my noble friend to the Home Office, because it sounds highly inappropriate for children to be watching that. I will take the issue of education back to my department.

[Baroness Bennett of Manor Castle (GP)]

My Lords, last week in the Grand Committee, the noble Lord and I were agreeing about the importance of biosecurity and the threat presented to human and animal health—indeed, One Health. During Covid 19, we saw huge numbers slaughtered on mink farms because of the risk of transmission. Does the Minister agree that the fur farms that keep animals in such dreadful conditions as my noble friend referred to present a threat to the security of all of us, in terms of the transmission of zoonoses? If we were to ban the imports, we would actually be making the world safer for all of us by helping to discourage those farms from continuing and presenting the biosecurity threat that they do.

[Lord Douglas-Miller (Con)]

The noble Baroness raises a very good point. We have been in discussions with our colleagues in Europe about these issues over the period. I can assure the House that there is no current risk, or the risk is assessed as extremely low, in terms of any transfer of diseases across from Europe. I know that where they do get outbreaks, they go to a policy of cull straightaway.

English Horticultural Sector (Horticultural Sector Committee Report)

Baroness Bennett of Manor Castle Excerpts

Friday 19th April 2024 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow that rousing speech, and to compliment the committee on its report, as others have widely and rightly done. I thank the noble Lord, Lord Redesdale, for his clear introduction, and join the almost universal tributes to the noble Baroness, Lady Fookes, for her long-term contribution to horticulture. I declare that I have an Industry and Parliament Trust fellowship with the Horticultural Trades Association.

I start, as pretty well every noble Lord has, by reflecting on the extreme disappointment there has been in the Government’s response to the committee’s report. The HTA, the National Farmers’ Union and the Worker Interest Group are severely disappointed by the Government’s failure to properly engage with this report, in particular their failure to acknowledge the need for a horticultural strategy. The Worker Interest Group is a coalition of nine not-for-profit groups representing and engaging with seasonal horticultural workers. It has written to Defra, pointing out many of the failures relevant to it in the Government’s response to the committee’s report. They represent a failure of basic functions and responsibilities of government, and for any noble Lord who is interested, I would be happy to share a copy.

I will take just one example from that. The committee’s recommendation 59 says:

“The Government must publish its review of the seasonal worker route, as promised in response to the Independent Chief Inspector of Borders and Immigration’s December 2022 report.”


I note that the chief inspector said in that report that

“the Home Office should significantly raise its game”.

One might say that in regard to a lot of things, but we are talking at the moment about the seasonal worker scheme. The Government’s response is that they will “in due course” publish a review of the scheme’s operation from 2020 to 2022. The only published full review of the scheme is of the 2019 pilot, which involved 2,500 visas. We now have 55,000 visas. It is entirely different in scale and nature.

Before I get back to that, I want first to address the overall failure of the Government’s response. It reflects a lack of understanding of the importance of the horticultural sector and the need for it to expand. We have just come out of a debate on housing and the environment. If the sterile, bleak housing estates that we are now building are to be enhanced and public health is to be improved, we need a much expanded, upskilled and valued environmental horticulture sector.

The noble Lord, Lord Curry of Kirkharle, has powerfully covered the point about food. We need about 20 times more fruit and vegetables to be grown in the UK than we have now to be self-reliant and for a healthy diet.

I want briefly to look at the overall situation. There is a failure of labour policy, which I started with, but underlying that there is also a failure of policy to control and ensure a fair market for growers against the power of the big supermarkets and food manufacturers. They have been allowed and, indeed, encouraged by government policies over decades to entirely dominate our food system.

Behind that is a system of growing what vegetables and fruit we do grow here in outdoor factories, where there is huge pressure on the imported workers who come here for six months to pick rapidly and accurately. The worker advocates tell me that workers are subjected to significant bullying and abuse in the fields. If they are not seen to be picking fast enough and accurately enough, after a few hours they are sent back to their accommodation, which is likely to be a caravan. This might be housing six people, often speaking different languages. They go back every night, crying, to a caravan that is likely to be cold and mouldy. They see doors and accommodation without locks. They are not supposed to be charged for energy supplies, but they are. When you see your punnet of strawberries in the supermarket, it is worth thinking about what is potentially behind it. About 70% of the workers who come here take out debt to do so. Only 30% of them are confident that they will be able to pay that back.

For further information on this, I have to cross-reference the FLEX report, Bearing Fruit: Making Recruitment Fairer for Migrant Workers, which is out this month. It is worth saying that it does not have to be like this. Countries such as the US and Canada have far better models. They have bilateral arrangements with sending countries—workers come from a handful of countries. There are so many things to say, but I will finish on a reference to this FLEX report. Of the workers FLEX spoke to, 30% were from Kazakhstan, 18% from Kyrgyzstan, 10% from Indonesia and 18% from Uzbekistan, with others from Tajikistan and Moldova. We are bringing people to this country from around the world. They are going back to the rest of the world with a very negative impression of the UK and we are failing to provide ourselves with the horticultural sector that we need.

Official Controls (Fees and Charges) (Amendment) Regulations 2024

Baroness Bennett of Manor Castle Excerpts

Thursday 18th April 2024 Grand Committee

[Lord Douglas-Miller]

That the Grand Committee do consider the Official Controls (Fees and Charges) (Amendment) Regulations 2024.

Relevant document: 18th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

My Lords, I hope that it will be helpful to your Lordships if I speak to both the Official Controls (Fees and Charges) (Amendment) Regulations 2024 and the Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 given that they deliver legislation addressing fees for import controls on UK sanitary and phytosanitary goods under the border target operating model.

Turning first to the Official Controls (Fees and Charges) (Amendment) Regulations 2024, these regulations facilitate flexibility in the application of fees and charging requirements for official controls on sanitary and phytosanitary imports arriving in Great Britain. We have designed a global risk-based import model, BTOM, for sanitary and phytosanitary goods, which will deliver a streamlined approach which protects the public and plant and animal health, boosts our economic growth and minimises friction at the border. This instrument enables the necessary fees and charges for official controls, reflecting the new sanitary and phytosanitary border official controls regimes, as published in the border target operating model.

This instrument introduces flexibility on the composition of fees and charges for official controls while maintaining the requirement of cost recovery. This allows for more comprehensive cost recovery and enables the application of risk factors set out in the BTOM to the fees. This instrument changes the duty to charge to a power to charge by extending the circumstances in which charges may be reduced or waived. The implementation of the BTOM model is reliant on the flexible application of risk, the ongoing financial viability of competent authorities and the proportionate financial liability across stakeholders and operators. Changing the duty facilitates this desired flexibility.

This instrument enables a consistent charging model across any government-run border control post in Great Britain. This will be vital once border control post checks on EU imports are introduced to Wales and Scotland to support trade continuity in all our Administrations. Finally, this instrument enables fees and charges to be levied digitally and away from border control posts. Without this legislation, all sanitary and phytosanitary consignments entering Great Britain would be required to visit a border control post to make payments physically. This would be administratively and operationally unworkable, as it would require all consignments to attend a border control post, not just those selected for an inspection, adding time and burdens for hauliers.

Every effort has been made to ensure these fees and charges distribute costs fairly and proportionately for businesses of all sizes and across all sectors while enabling the Government to fulfil their cost recovery obligations. I am pleased to state that the devolved Administrations have given their consent for these regulations to extend across Great Britain. To summarise, this instrument facilitates the implementation of the border target operating model and is necessary to enable fees and charges to fund the new sanitary and phytosanitary border official controls regime.

Moving on to the second instrument, the Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024, these regulations apply a requirement for risk-based import checks on medium-risk goods from the EU, Switzerland and Lichtenstein from 30 April 2024 as published in the border target operating model. This instrument ensures that certain imported goods are not within scope of this charge, including fruit and vegetables that are currently being treated as low-risk goods while risk assessments are being conducted. It also excludes goods entering Great Britain via a listed west coast port.

Changes are also being made to the fees legislation to reflect the risk-based level of identity, as well as physical and documentary checks on medium-risk goods, to ensure that the cost of plant health services are recovered. Fees are also updated for certain goods from non-EU countries to account for changes in the frequency of checks. Finally, two minor typographical errors regarding import checks are being corrected in the fees legislation.

Checks are currently carried out on high-risk consignments of plants, plant products and other objects imported into Great Britain from the EU, Switzerland and Liechtenstein. Checks are also being conducted on regulated goods imported from all other third countries, on a risk basis. GB plant health services carry out these checks and charge for these services accordingly to prevent the introduction and spread of organisms harmful to plants and plant products. This instrument therefore removes the temporary easement that applied after EU exit from import checks of medium-risk plants and plant products imported from the EU, Switzerland and Liechtenstein. These goods will become subject to risk-based checks and the associated fees.

I am pleased to state that the devolved Administrations have given their consent for these regulations to extend across Great Britain—except for Regulations 2 and 3, which relate to fees and apply to England only. Welsh and Scottish Government Ministers laid their equivalent fees legislation earlier this year.

In closing, these regulations ensure that checks are in place from 30 April 2024 to mitigate against any biosecurity risks from certain goods from the EU, Switzerland and Liechtenstein. I emphasise that protecting our biosecurity is of paramount importance. By facilitating the implementation of the border target operating model and enabling fees and charges for the relevant import controls, these instruments enhance the operation of the biosecurity regime of Great Britain.

I hope that noble Lords will support these measures and their objectives. I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I feel I should begin by declaring my fellowship, through the Industry and Parliament Trust, of the Horticultural Trades Association, which is the trade association for environmental horticulture. I am sure the Minister knows this but that is what used to be called ornamental horticulture. The Government have not always shown that they know what this refers to, so I make that clarification.

We are talking about a Brexit cost here. That is what is being inflicted. We have spent several years with people looking around and trying to find Brexit benefits but they have been extremely hard to find on the ground. This is a cost and is particularly likely to impact on small and medium-sized enterprises across Britain.

I would like to make a comment about the timing of this debate, on 18 April. These fees are coming in on 30 April and were announced two weeks ago. That is not a great deal of time for businesses to prepare for and understand what is happening, so I must express my concern.

This is even more crucial in the context of environmental horticulture. Now is the worst possible time for this massive change in the industry to happen. There are a few peak weeks for horticulture when people are planting their gardens in spring and looking forward to summer. This measure will hit the sector extremely hard at this moment. The seasonal peak may last for only a few weeks and this is happening in the middle of it. It would seem that it is too late to make any change to that but I hope the Government acknowledge—this is a question for the Minister—that the industry will be taking on a significant cost at this moment. They should be thinking about what kind of compensation and extra support it needs.

It greatly concerns garden centres, nurseries and other suppliers that there could be delays on 30 April and in the week or so afterwards. We have heard many reports of people importing woody plants, shrubs and perennials en masse beforehand. However, it is not possible to do that with bedding plants and many other smaller plants. What arrangements do the Government have in place to provide compensation should there be significant delays at border posts?