Data Protection and Digital Information Bill

Debate between Baroness Bennett of Manor Castle and Baroness Young of Old Scone

Committee stage
Wednesday 17th April 2024 Grand Committee

[Baroness Bennett of Manor Castle (GP)]

My Lords, this is a very small and modest amendment, adding a fifth element to a list. Clause 85 is very long, so I will try to keep to its key elements. The clause

“confers powers on the Secretary of State and the Treasury to make provision in connection with access to customer data and business data”.

It is particularly focused on information about

“the supply or provision of goods, services and digital content”

by a business. The four elements are these. The first is where it is “supplied or provided”; the second is “prices or other terms; the third is “how they are used”; and the fourth is “performance or quality”. That fourth element does not cover the specific issue that my modest Amendment 195A proposes to add: the energy and carbon intensity of goods, services or digital content.

This might be seen as an attempt at future-proofing and including something which is a fast-growing area of great consumer concern—it should be of government concern too in the light of the Climate Change Act and the Government’s responsibilities. It would add a modest piece of possibility. I stress that, as the explanatory statement says, this can be required; it does not demand that it has to be required, but it provides the possibility that it can be.

There is a parallel here. When you go into a shop to think about buying white goods because you need to replace a fridge or washing machine, you expect, as a matter of standard, to see an energy performance certificate that will tell you how much electricity it will use, or, in the case of gas cookers, how much energy. We now expect that as standard, but of course, that is not focused on what is in the appliance but on what it will use.

The other obvious example is energy performance certificates in relation to housing. Again, that is something that could probably be considerably improved, but there has been some step towards thinking about issues around energy use rather than what is put in. In that context of building, we are seeing a great deal of focus—and, increasingly, a great deal of planning focus —on the issue of embodied carbon in buildings. This is taking that further, in terms of goods, services and digital provision.

Perhaps the obvious reason why a future Government might want to do this is that, if we think of the many areas of this so-called green rating in environmental standards, we have seen a profusion of different standards, labels and models. That has caused considerable confusion and uncertainty for consumers. If a Government were to say that this was the kind of step that would be used, it would give a standard to apply across the digital fields that would be clearly understood and not open to gaming by bad actors, by just creating their own standard, and so on.

Take, for example, the Mintel sustainability barometer —it is a global study but is reflective, I think, of what is happening in the UK. Consumers are increasingly demanding this information; they really want to know the environmental impact, including the impact of the production of whatever they are purchasing. This is information that consumers really want.

The other thing that I would point to in terms of this future-proofing approach is the OECD’s Inclusive Forum on Carbon Mitigation Approaches. That is rather a mouthful. In February, it put out a study entitled—another mouthful—Towards more accurate, timely, and granular product-level carbon intensity metrics: A Scoping Note. That makes it clear that we are talking here about something that is for the future; something that is being developed, but developed fast. If we think about the Government’s responsibilities within the Climate Change Act and the public desire, this modest addition, providing the legislative framework for future action, is a small positive step. I beg to move.

[Baroness Young of Old Scone (Lab)]

My Lords, I shall speak to Amendment 218, which is in my name and those of the right reverend Prelate the Bishop of Oxford and the noble Baroness, Lady Parminter. I thank them for their support.

I apologise to the Minister, because I think this amendment is typical of the increasing way in which we will see environmental and particularly climate change issues popping up in Bills that belong not to Defra, DESNZ or DLUHC but to other departments. Because there is the fundamental issue of many economic and other activities impacting on these issues, that will be a pattern for Bills. He is playing on unfamiliar turf on this one, I am sure, so I sympathise with him.

“This amendment would require Ministers and public authorities, such as regulators”


when they make significant announcements about policy change, to disclose any analysis they have done of the

“impact of announcements … on UK climate change mitigation targets, adaptation to climate impacts and nature targets”.

The sorts of announcements that this amendment refers to include the introduction of primary legislation, obviously; changes to the timing, level and scope of government targets; large public sector procurement contracts; big infrastructure spending commitments; and any other policies that have the potential to have significant impact on climate and nature targets and climate change adaptation.

I firmly believe, and I have the support of the clerks, that this accords with the provision in the Long Title of the Bill

“to make provision about the disclosure of information to improve public service delivery”

The information disclosed has to be accurate, timely and machine-readable. The Secretary of State would give guidance on the format of that disclosure following wide consultation with those involved, especially across all departments, because it will be an issue that involves all departments.

So why is the amendment needed? At the moment, the Government are required to publish a whole load of reports on environmental impacts but many of them are periodic, or possibly only annual and high level. For example, the Government are required to publish periodic high-level delivery plans on net zero under Sections 13 and 14 of the Climate Change Act. However, these leave unquantified many emissions savings and they are not revised at all when policies change.

The Government recently decided to delay the date of a ban on new fossil fuel cars and vans; to delay the proposed ban on further installation of oil, LPG and coal heating systems; and to delay the rollout of the clean heat market mechanism. The Government failed to report any greenhouse gas impacts from these measures, which were pretty substantial announcements. Indeed, the Secretary of State for DESNZ argued that it would not be appropriate, or a requirement, to update and publish a revised version of the carbon budget delivery plan every time that there was a change in policy. That is not what this amendment argues for; it reflects that one would think that, when such significant announcements were being made, the Government would have looked at what the impact on climate change issues would be.

The amendment would simply require the Government to publish any analysis that they have done on impact assessments or to publish the fact that they have not done any such analysis—one can draw one’s own conclusions from the fact that they have not done that. The Environmental Audit Committee in the other place, around the time of the announcements of which I gave examples, went so far as to challenge the Prime Minister to provide clarity on how the Government intended to fill the emission reduction gap caused by the proposed rollback of existing policies and did not get a satisfactory answer.

There are similar current arrangements for reports on adaptation and resilience to climate change. Section 56 and 58 of the Climate Change Act require, again, periodic reporting at a high level on adaptation to climate change. That legislation has not been updated when policies have changed. As far as the introduction of new legislation is concerned, Section 20 of the Environment Act requires a statement on environmental law by government when there is environmental content in any new Bill. However, we already know from bitter experience that the Government interpret “environmental content” rather tightly.

All but one of the 28 Bills considered by Parliament in this current Session stated that they did not contain environmental law at all, whereas we can see that several of them have a clear environmental impact. For example, the Economic Activity of Public Bodies (Overseas Matters) Bill—I should be talking now about an amendment on it across the way, as indeed, should the noble Baroness, Lady Bennett—could prevent public bodies from taking important environmental matters into account in their decision-making. However, at the time of that Bill being published, it was certified by Ministers as not containing any environmental law.

Currently, the Government publish impact assessments for new legislation, including environmental impact assessments where the proposals are expected to have an environmental impact. Again, this is interpreted very tightly by the Government. Of the 28 government Bills that we have considered in this Session, 24 reported negligible impact, zero impact or being not applicable in the greenhouse gas box of the appraisal form—or the whole box was left blank. No account was available of the evidence on which such ratings of not having any impact was based because we did not then get any environmental impact assessment. To give one example: the Offshore Petroleum Licensing Bill simply reported that impacts were not quantified, which is pretty staggering, bearing in mind the clear environmental implications of that Bill. One would think that licensing additional petroleum extraction from the North Sea has some environmental ramification.

We have talked about climate change impacts and adaptation impacts, and we have talked about legislation. With regard to public procurement, the Government and contracting authorities are not required to publish the greenhouse gas emissions associated with individual procurement contracts. We argued that one in the Procurement Bill and failed to get any movement. There is a procurement policy note guiding government departments to seek emission reductions plans from the firms that they are contracting with, but this is a non-statutory note—it is advice only—and it covers only the contracting companies’ own operations and not the impact emissions of the products of services being contracted for.

Financial Services and Markets Bill

Debate between Baroness Bennett of Manor Castle and Baroness Young of Old Scone

Report stage
Tuesday 6th June 2023 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, I support Amendment 15 in the name of the noble Baroness, Lady Hayman, who introduced it very powerfully. I want to talk to the House about the real relationship between nature conservation and climate change and the need to bring those together in the regulatory process. Nature restoration is essential for our reaching of net zero—we cannot do net zero without restoring nature; I think that is globally accepted now—but nature restoration is important to economic prosperity in several other ways. More than half of global GDP is considered moderately or highly dependent on natural assets and half the world’s population is completely dependent on biodiversity for their livelihoods. That means that biodiversity is as important as climate change.

Biodiversity is also highly material in assessing risk, including financial and economic risk, and it is pretty clear that if biodiversity is going down the tubes, so is the economy and, indeed, so are we. So, it is a bit of a no-brainer, in my view, that financial services regulators should have, as a regulatory principle, net zero and nature recovery together: the two are absolutely indissolubly linked. I hope the Minister will not say that the provisions that are in the Bill for net zero will act as a proxy for biodiversity restoration. It does not work that way: net zero is a necessary condition but not a sufficient condition for biodiversity recovery.

The noble Baroness, Lady Hayman, threatened the House with simply reading out all the commitments that have already been made that are encapsulated in her Amendment 15. I want to add another one that no one has mentioned so far. The Environmental Audit Committee, in its report on biodiversity in June 2021, highlighted the fact that, although some progress had been made in transforming the financial system to reflect the pressures of climate change, the whole accompanying handshake with biodiversity was way down the line and much slower and needed to accelerate. It called on the Government to play a part in creating a narrative that there is a lot of international commitment to biodiversity recovery linked with climate change that we are going to have to respond to in this country, because we have signed up to it globally, and that it is therefore important to get the financial services industry and its regulation up to speed soon in order to cope with that global pressure. The noble Baroness’s Amendment 15 would do that and, more importantly, it would secure this through a legislative approach and not be overly reliant on voluntary action.

Without delaying the House any longer, I also support Amendment 91 on deforestation. I will not repeat what the noble Baroness, Lady Boycott, said, but it was the bee’s knees. I end with a note of distress at the comments made by the noble Lords, Lord Davies and Lord Naseby, about pension scheme investments and investors and pension committees and pension advisers’ responsibility and duty to pensioners. I declare an interest, having set up the Environment Agency pension scheme some 25 years ago to be, at that stage, the only really green pension scheme and now probably the foremost green pension scheme in the world.

Let us not be in any doubt: there is not a dichotomy about responsibility to pensioners and taking action on climate change and biodiversity. They are absolutely one and the same thing. If climate change and biodiversity decline continue, there will be irreparable harm to the economics that pensioners and pension schemes depend on. Let us not be in any doubt about that: pension scheme trustees and their advisers—and I hope, if the Minister will accept Amendment 15, their regulators—have a responsibility towards climate change and biodiversity recovery, because it is absolutely in the economic interests of their beneficiaries.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise very briefly to express Green support for the non- government amendments in this group and acknowledge the way in which the weakness of the government amendment has already been acknowledged. Noble Lords will note that the explicitly environmental amendments, from Amendment 15 onwards, do not have a Green name on them. I am delighted about that because there was not space for one, because the amendments have cross-party support from right across the House, which really shows how far we have come in these debates.

I shall make four brief points, because I am very aware of the time. They are building on the points just made by the noble Baroness, Lady Young, and reflecting on an article published last week in Nature, which demonstrated that in seven of eight key measures, including climate, biodiversity and water, we are outside the safe and just operating space of this planet. We are absolutely at crisis point and I pick up the point made by the noble Baroness, Lady Hayman, that we cannot afford to wait. We cannot wait for the next Bill, the Bill after that and the Bill after that. I very much agree with the point just made by the noble Lord, Lord Vaux, that the country should not have to wait for the House of Lords to insert these things into Bills; they should be there in government Bills as a matter of absolute, basic course.

I have a particular point about Amendments 93 and 113, which strengthen the fiduciary duty of pension funds to ensure investors consider the impact of their investments on environment and society. The case has already been made that there is no finance on a dead planet and there are no pensions on a dead planet, but the society element also deserves to be noted. We have had a huge amount of discussion of the problem of the large number of people of apparently working age who are not engaged in our labour force at the moment, and the public health crisis that is associated with that. It is the kind of thing that Green councillors have been going on about, as members of governing boards of pension funds for years: such things as tobacco and the kinds of food products that are being supported are all issues that have an impact on pension returns.

On deforestation, the noble Baronesses, Lady Meacher and Lady Boycott, among others, have already made points about this, but there is £300 billion of UK pension money in high deforestation risk companies and financial institutions—that is a figure from Make My Money Matter. Again, there is a point about risk. The financial sector in the UK faces up to £200 billion of risk in Brazilian beef and soya and Indonesian palm oil supplies alone.

Finally, there is another risk in terms of our international reputation. We are of course enthusiastic signatories of the global biodiversity framework, which promises, under target 14, that the UK will align

“all relevant public and private activities, [fiscal] and financial flows with the goals and targets of this framework”.

How could the Government not be accepting all the amendments in this group?

Retained EU Law (Revocation and Reform) Bill

Debate between Baroness Bennett of Manor Castle and Baroness Young of Old Scone

Committee stage
Wednesday 8th March 2023 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baronesses, Lady Parminter and Lady Hayman, and to speak to Amendments 126 and 130, which they have already so ably introduced and to which I have attached my name, both of which have the fullest and broadest possible range of support across parties and non-parties in your Lordships’ House. I essentially agree with everything the noble Baronesses said, although I would perhaps give the Government rather less praise for what I would say are the extremely limited measures on polluter pays they have so far delivered than the noble Baroness, Lady Parminter, did.

First, on Amendment 126, Clause 15 has been described as the “Ministers can do whatever they like” part of the Bill. I note that the Peers for the Planet briefing, among others—I should declare my position on the advisory board of Peers for the Planet—says that the direction of travel of the Bill is deregulatory. We are hearing one set of rhetoric, but ultimately, what we are talking about is the law and what will be written into it. That is what will hold sway, not fine words we might hear about a desire for higher standards. It is important also to stress that both amendments deal with environmental issues, but these are also very acutely human health issues: look at the current parlous state of public health in the UK. We really cannot afford to be going backwards in any such areas.

Amendment 126 tries to address the fact that there are no non-regression clauses in the Bill. This is trying to bring in a non-regression clause in one area. I would like a non-regression clause to apply to every category, whatever a category is, that the Bill might identify, but I will stick with the things that are identified in these two amendments, at least as some kind of starting point. When we come to Amendment 130, it is clear—and we had long and hard fights in your Lordships’ House, as I recollect, in the Environment Act 2021—that we need non-regression clauses, and there is also the power to amend what we are now calling retained EU legislation, so it is there in primary legislation; the power already exists, with rules applying to it.

I am not a lawyer and I am not sure whether the lawyers present in the Committee can explain to me how we can have non-regression clauses applying to a set of regulations in one Bill while another Bill has no non-regression clauses. It depends which Bill you use as to whether regression or non-regression is going to apply. Let me guess which law the Government are likely to want to use. Let us have a guess, shall we?

I turn to Amendment 126, and I am seeking to add to rather than repeat what the other noble Baronesses have said. I want to focus on ensuring that we do not conflict with relevant international environmental agreements. I am actually not sure about that, with the way this is currently written—and indeed this is a fast-moving area. Of course, since this amendment was written, we have finally had, after 20 years of negotiation, very excitingly, the agreement on the high seas treaty. That is a real step forward. We also have a mandate for negotiating a UN treaty on plastic pollution. This is where a significant amount of environmental action is happening. We can surely have something in the Bill to say, “We will comply with the international agreements that we have signed up to”, and, indeed, in many cases that we claim to be, and in some cases are, leading.

It might be said that we do not need to do that, but if it is not a problem for the Government, why cannot we write it in anyway? Many noble Lords will have just picked up the Illegal Migration Bill, on the front of which is a statement from the Home Secretary:

“I am unable to make a statement that, in my view, the provisions … are compatible with the Convention rights, but the Government … wishes the House to proceed”.


I truly believe that we need a statement written into this Bill—perhaps every Bill—that we will comply with international obligations that we have signed up to.

Finally, I turn to the non-regression elements in both amendments and the paragraph in the famous letter about overall regulatory burden and what a “category” is. It might reasonably be thought that regulations applying to plastics are a category, so I will explore a practical example of what these amendments could stop. In the last week or so, some extremely disturbing research has come out on the impacts of microplastics; in particular, the newly identified disease of plasticosis. It has been found in the digestive tracts of flesh-footed shearwaters—that is only one seabird, but the experts tell us that there is no biological reason why what is happening to it is not happening to all of us as we ingest what research suggests is up to 5 grams of plastic a week, depending on your diet.

The disease has been given that name because it is like silicosis and asbestosis: it is an inorganic material causing irritation to biological tissues. This is really serious. A few days ago, the Times quoted Dr Luisa Campagnolo, an expert in histology and embryology, as telling the American Association for the Advancement of Science that

“we should not drink bottled water in plastic bottles.”

That is what someone who is looking at the damage being done to tissues is saying.

Let us imagine that the science gets stronger in the next year or two—we can see the direction in which it is heading—and we want to bring in an SI to end all use of plastic bottles for food materials and drinks. What could be the conceivable counteracting release of regulation to achieve a balance of no greater regulatory burden? What in the area of plastics would you have to abolish to balance that? These amendments attempt to deal with issues such as that.

[Baroness Young of Old Scone (Lab)]

My Lords, I support these two amendments and congratulate the noble Baronesses, Lady Parminter and Lady Hayman of Ullock, on the way in which they introduced them. It is slightly ironic that the Government have just published their Environmental Improvement Plan, yet we do not have any sentiment of improvement in this Bill. In fact, we have a distinct deregulatory flavour with this emphasis on not increasing burdens.

In a way, I will miss this Committee, because we have been getting these wonderful letters from Ministers over the last few days. I thank the hot and cold running supply of Ministers wheeled in for this Bill for their correspondence on the issues we have raised on the various days of Committee. I confess that today’s letter from the noble Baroness, Lady Neville-Rolfe, on the safeguards around Clause 15 did not leave me any the wiser on the definition of “alternative provision”, but perhaps most germane to these amendments was the letter of 28 February from the noble Baroness, Lady Bloomfield, on the definition of “regulatory burden”. It left us all, as many noble Lords have said, confused about how not increasing the overall regulatory burden will be assessed—other than, as the Minister has just told us, that it will be up to Ministers to decide whether they are satisfied that the use of the power does not increase the overall regulatory burden in a subject area. I am sure that case law will have to prevail.

Health and Care Bill

Debate between Baroness Bennett of Manor Castle and Baroness Young of Old Scone

Lords Hansard - Part 1 & Report stage
Tuesday 1st March 2022 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, the noble Baroness may wish not to be churlish, but I would regret it if I could not be a little churlish. I declare an interest as chairman of the Woodland Trust and vice-president of a range of environmental and conservation organisations. I thank the Government and the Minister for the assurances given. I also thank the noble Lord, Lord Stevens of Birmingham, for his shuttle diplomacy between the churlish and the less churlish in achieving these very welcome amendments.

I will press the Minister a little further on what she said, just to make sure that we are completely clear. The guidance will be crucial, and I am glad to see that it will be issued initially within 12 months of Royal Assent. I just want the Minister to clarify that the guidance on procurement will cover the need not just to reduce emissions through the NHS supply chain but to secure the other environmental targets, such as those set by the Environment Act. The preamble says that, but I want to make sure there is clarity in Hansard that the guidance will ask for procurement to do not just the climate change job but the other job.

Although the duties on the trusts, ICBs and NHS England include climate change, adaptation to climate change and improving the natural environment, most of the examples the Minister gave revert back just to climate change. The proposed new section in the amendment is headed up:

“Duties as to climate change etc”.


It is the “etc” that I am rather interested in. I think we should spell out more clearly what that is.

Can the Minister assure the House that the guidance will include performance in all three areas—climate change, adaptation and the wider environmental objectives set by the Environment Act and in other places? Because of the massive threat that climate change represents, it is very easy—we all fall into this trap—to squeeze out focus on the other, equally vital environmental areas. We have to remember that if we want to defeat climate change, we also have to defeat biodiversity decline and a range of other environmental factors. I hope the Minister can give these assurances to the more churlish among us.

[Baroness Bennett of Manor Castle (GP)]

My Lords, my speech follows rather neatly from that of the noble Baroness, Lady Young of Old Scone. I will begin not by being churlish but by turning this around the other way and declaring my position as a member of Peers for the Planet and paying great tribute to the noble Baroness, Lady Hayman, who has so led the Government in the right direction on this Bill—as on the Financial Services Act, to think of a recent one before this. I would like to think that maybe it has got a little easier this time than it was on the Financial Services Act, so maybe we are progressing to the point where a Bill will arrive in your Lordships’ House with climate and environment already there, and we can just focus on trying to strengthen and improve it.

Environment Bill

Debate between Baroness Bennett of Manor Castle and Baroness Young of Old Scone

Committee stage
Monday 12th July 2021 Lords Chamber

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

My Lords, I very much welcome the Government’s commitment to requiring businesses to ensure that the forest risk commodities they use to have been produced in compliance with local laws, but it is only a start, as other noble Lords have pointed out. I particularly support Amendment 293B in the name of the noble Lord, Lord Randall of Uxbridge. What we have in the Bill does not deliver on the commitment in the 25-year environment plan to ensure that

“our consumption and impact on natural capital are sustainable, at home and overseas.”

The Environmental Audit Committee’s recent biodiversity report called for

“a target to reduce the UK’s global environmental footprint”,

as does the amendment, and I support that idea.

Commitment to a target would set an ambition to do more over the next few years and allow the Government to develop further measures covering issues such as illegal deforestation, as raised by the amendment of the noble Baroness, Lady Meacher, and financial issues, as raised by the amendment in the name of the noble Baroness, Lady Parminter. I know that the Minister has a personal commitment to this issue, and I hope he can respond positively.

On a particular case which the noble Lord, Lord Randall, raised just now and previously, every year, an area of forest and biodiversity bigger than the New Forest is sacrificed to feed biomass-based electricity generation in the UK. The replacement forests take decades to mature and cannot be regarded as equivalent in either carbon or biodiversity terms. The people of Britain pay through the nose for this: they pay more than £2 million per day to subsidise those large biomass power plants. In view of the damage to forests and biodiversity caused by the wood pellet industry in the USA and Estonia, can the Minister use the Bill to review the dubious sustainability claims made by Drax, end public subsidy and ensure that the performance of a large biomass power plant is not compared with hugely polluting coal but with other green technologies such as wind and solar?

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Young of Old Scone, and to express my support for nearly all the amendments in this group, except Amendments 263 and 265.

We should start by acknowledging that this is yet one more sign that campaigning works. Schedule 16 represents amendments brought by the Government in the other place which reflect the campaigning of a great many NGOs and other groups and, as other noble Lords have said, the conclusions of the independent Global Resource Initiative Taskforce. However, as multiple briefings that we have all received show, it still needs improvement to deliver on the recommendations of the GRIT and the expectations of UK consumers and businesses.

I shall not go through each amendment, but I shall start with Amendment 293B in the name of the noble Lord, Lord Randall of Uxbridge, because it is in many ways the most far-reaching and crucial. This is the one that calls for a global footprint target. I shall start with the benefit for the UK, before looking more broadly. It would reduce the risk of future pandemics; I do not really need to say more than that. It would help safeguard against the economic costs of biodiversity decline and climate change. The WWF Global Futures report calculated that that will cost the world at least £368 billion a year, with the UK suffering annual damage to its economy of £16 billion a year by 2050. It would also support the resilience of UK and global businesses. It would help businesses to manage risk proactively. Coming back to the Government’s desire, of which we so often hear, to be world-leading, it would mean that the UK was the first country to embed the latest pledge for nature into its legislation. It is crucial.

It is worth noting that this amendment is another way of addressing the issue I addressed in the amendment I moved to Clause 1, many days ago, on reducing resource use rather than making it more efficient. We need to reduce our ecological footprint by around 75% to fit within ecological limits. The WWF global footprint report looked at some of the key issues: our material footprint needs to come down by 38%, biomass by 48%, nitrogen—for which I tabled a specific amendment earlier—by 89%, and phosphorous by 85%.

The most basic amendment that I would surely suggest the Minister has to adopt in some form is Amendment 264A, in the name of the noble Baroness, Lady Meacher. She has already made many powerful arguments, in particular that if we do not introduce this amendment there will a perverse incentive to encourage the legalisation of deforestation. UK businesses could also benefit from this amendment. Currently, in many parts of the world laws relating to land use, forests and commodity production are numerous, uncertain, inconsistent and poorly implemented. It is very difficult to determine legality, and companies can be trapped in a regulatory, paperwork minefield from which the amendment of the noble Baroness, Lady Meacher, could free them. Of course, 2.1 million hectares of natural vegetation within the 133 Brazilian municipalities that currently supply the UK with soya could be legally deforested.

I come now to Amendment 264ZA in the name of the noble Baroness, Lady Jones of Whitchurch, which calls for the recognition of customary land ownership and membership systems. Some 80% of indigenous and community lands are held without legally recognised tenure rights. We know that in indigenous and tribal territories, deforestation rates are significantly lower. Ensuring respect for customary tenure rights is an efficient, just and cost-effective way to reduce carbon emissions. Noble Lords who have been reading The House magazine might know that I have some recommendations for summer reading in there. I would like to add an extra one: Imbolo Mbue’s second novel, How Beautiful We Were, which is set in a fictional African village and shows how it was depleted by centuries of the activities of fossil fuel companies, forest exploitation and rubber plantations, going back to slavery. We really cannot allow this kind of relationship with the world to continue.

I come now to Amendment 265A in the name of the noble Baroness, Lady Parminter. What we are doing here is the reverse of what your Lordships’ House achieved in the Financial Services Bill. After a lot of wrestling, we finally got a reference to climate—although, unfortunately, not biodiversity—into the Finance Bill. What we also need to do is to get recognition of the damage the financial sector does to the rest of the world, and we need to see finance addressed in all the other Bills. The UK is the single biggest source of international finance for six of the most harmful agribusiness companies involved in deforestation in Brazil, the Congo basin and Papua New Guinea, lending £5 billion between 2013 and 2019. These UK banks included HSBC, Barclays, and Standard Chartered. We simply cannot allow this to continue.

Noble Lords may not think so, but I am really trying to be brief, so I will turn to some very short concluding thoughts. If deforestation was a country, it would be the third largest emitter of carbon, behind China and the US. Some 80% of deforestation is associated with agricultural production, yet figures published this afternoon from five major UN agencies show that the number of people without access to healthy diets has grown by 320 million in the last year. They now number 2.37 billion in total. A fifth of all children under five are stunted because of lack of access to the most basic resource of all: food.

We have to stop wrecking other people’s countries. We have to ensure that our lives are lived within the limits of this fragile planet, and that everyone else has access to that same basic level of resources that is their human right.

Environment Bill

Debate between Baroness Bennett of Manor Castle and Baroness Young of Old Scone

Committee stage
Wednesday 7th July 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a great pleasure to reopen this debate in the confident conviction that the entire nation of England is glued to our deliberations this evening. As a reminder, we are covering the group comprising Amendments 205A, 253 and 257D, all in the name of the noble Lord, Lord Lucas, who did a very clear job of introducing them before the break.

However, I am not quite as convinced as the noble Lord about the ease of plant reintroduction. I think about tree planting on the edge of the moors outside Sheffield, hacking through thigh-high bracken and its accompanying roots. I have not yet been back to see how those new trees are, but we are talking about animals here and these amendments, particularly Amendments 205A and 257D, address the exciting development of what is being called “recovery through reintroduction”. This excites individuals and communities. The focus is often on larger, charismatic species, such as large herbivores and some carnivores, but excellent work has also been done on red squirrels and pine martens in an interrelated way. Perhaps, however, these two amendments are most relevant to the smaller and the more local, such as insects and maybe small mammals—recovery and reintroduction efforts that might be taken up by a small local group. In Sheffield, when we were deep in the controversy over felling street trees and a great deal of time and effort went into preserving the Chelsea Road elm—on its own terms and for one of the UK’s most threatened butterflies, the white-letter hairstreak—many people came up to me seeking schemes to see how they might be able to preserve it.

There have been so many success stories of reintroduction over the past 30 years: the red kite, the bittern, the pool frog, the natterjack toad, the sand lizard, the smooth snake, the chequered skipper butterfly, the enigmatic ladybird spider and, of course, the beaver, about which I spoke previously. However, to truly restore our ecosystems, our biodiversity, our nature—as the noble Lord, Lord Blencathra, prefers—we need much more. We live in one of the most nature-depleted states on this planet. From the Tudor age onwards, when a war on so-called vermin was launched, there has been a war on wildlife in these islands, which was then explosively accelerated through the destruction of the 20th century. Turning it around requires enlisting the support of what is also a nation of animal lovers.

I am interested to hear the Minister’s response to the sentiment behind these amendments, which certainly deserves to be supported and encouraged. Again, this is not something that can be centrally controlled by Westminster. It needs local initiatives and local and regional action. A sentence in Amendment 253 optimistically looks forward to a partially rewilded island, where nature can be allowed to operate its natural cycles of energy and resources. This also raises an important issue.

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

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

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

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

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

Agriculture Bill

Debate between Baroness Bennett of Manor Castle and Baroness Young of Old Scone

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Tuesday 15th September 2020 Lords Chamber

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

My Lords, I hope that the Minister will resist Amendment 36, which would delay the start of the agricultural transition. Climate change and the biodiversity challenge are urgent, and we need to provide the financial support and the advice and guidance as soon as possible to equip farmers and land managers to tackle these challenges.

On Amendment 38, in his name, the noble Duke, the Duke of Wellington, admitted that he was not a great fan of organic farming in the past. I have not exactly waved a flag for it either—but he, like me, is concerned about the decline in the area of land farmed organically in the UK compared with most other developed countries. Organic production accounts for only about 2.5% of agricultural land in the UK; the EU average is 7.5%, and Austria has a whacking great 24%. Yet the UK organic market is growing like a mushroom—far faster—and we are sucking in imports as a result. UK farmers are basically missing out on the growth in the organic market.

The public benefits of organic production are well attested in things like biodiversity, environmental performance and animal welfare, so growth in the organic acreage would be a good thing. What is needed is not only support for the organic transition to be enhanced into the future; it needs to be coupled with the provision of advice. It is a big step change for farmers and to do the transition well they need support. There used to be something called the Organic Conversion Information Service, but support for peer-to-peer learning would be a help.

We also need to see help with ongoing market development, as other countries have done. Using public procurement to increase the amount of organic food consumed in public settings would be an excellent thing. Copenhagen, for example, can now boast of over 80% of food consumed in public settings being organic. What support can the Minister give to organic growth?

[Baroness Bennett of Manor Castle (GP) [V]]

I support Amendment 38 in the name of the noble Duke, the Duke of Wellington. There is really no doubt that UK performance in the area of organic conversion has been astonishingly poor, and we have not seen a will or determination from the Government to make the progress that we might have hoped for in the past but can now hope for in the future. This amendment is a very modest step in that direction.

We can only look with envy at what is happening across the channel. The EU’s farm to fork strategy aims to see a 50% reduction in the use of pesticides by 2030 and a 50% reduction in the use of antimicrobials for farmed animals and aquaculture, as well as 25% of farmland being used for organic farming—roughly 10 times as much as we have now—by 2030. We are being horribly left behind. We look at countries around the EU and see that Austria is already at 24% and Italy at 15%.

As the noble Baroness, Lady Young of Old Scone, said, one of the things our failure to support this conversion means is that we are seeing more imported food. It is often food of higher value and it is being denied to our farmers—that is, farmers do not have access to that market because they are not growing organic food.

The noble Earl, Lord Caithness, said that other forms of farming can be environmentally friendly and sensitive. I would certainly say that of course you do not have to be organically certified to be environmentally sensitive, but this is the only system of registration, recognition and guidance that we have for agroecology. Organic systems by definition are agroecological. Anything else is just making a claim or suggesting that it is happening. Many of us probably feel we know it when we see it when we walk into a field, but that is not the same as something that immediately pushes in that direction.

I encourage the noble Duke, the Duke of Wellington, to consider pushing this issue forward if we do not hear a satisfactory answer from the Minister. We need to take at least this modest step forward.

I also want briefly to express support for Amendment 42. We know that farmers, like many other small and medium-sized enterprises, can have huge problems with payments from the large companies they supply, such as multinational manufacturers and supermarkets, but they really should not be waiting for payment from the Government; they should be able to rely on that.

Agriculture Bill

Debate between Baroness Bennett of Manor Castle and Baroness Young of Old Scone

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 9th July 2020 Lords Chamber

[Baroness Bennett of Manor Castle [V]]

My Lords, it is my great pleasure to follow the noble Duke, the Duke of Wellington, and to endorse entirely everything that he has just said. I was very pleased to sign his amendment. It very much complements one of the amendments in this group that I will come to later.

Across this group we have references to soil, agroecology and reductions in the use of pesticides and herbicides. We are talking about farming systems that work with nature— systems that do not use metaphorical coshes but instead see how we can use the existing systems, cultivate them and restore them. Of course, the foundation of that, as the noble Lord, Lord Lucas, outlined in his introductory remarks, is very much the soil. I guess I have to focus on this as the Member of your Lordships’ House who first used the term “tardigrades” in Hansard.

In the soil we have a range of animals—mites, springtails, nematodes and, of course, the earthworms that Charles Darwin was aware were so important. It is crucial that the Bill explicitly recognises the need to focus on the organisms in the soil, as well as the billion bacteria that you find in every teaspoon of healthy soil, and the fungi, which I will talk about in discussing another group. I therefore commend Amendment 29 from the noble Lord, Lord Lucas.

I have put my name to Amendment 224 in the name of the noble Earl, Lord Caithness, about publishing a soil health index report within 12 months. It is really important that we have timetables built into the Bill, and into all the Bills that come before your Lordships’ House. We are very aware of many delays, whether it is the food strategy or the peatland strategy. The state of our soils and the state of nature cannot wait. We need to ensure that there are timetables for the Government to act upon and meet.

I also commend Amendment 217, about the long-term monitoring of soil, which fits into that same kind of approach. Furthermore, in this agroecological, joined-up approach, I commend Amendment 38 in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville, and Amendment 39 in the name of the noble Earl, Lord Caithness, on nature-friendly farming.

I was very pleased to put my name to Amendments 40 and 97 from the noble Lord, Lord Teverson. As the noble Lord said, we have heard many words on agroecology; I recall Michael Gove, I think three Oxford Real Farming Conferences ago, saying that the Government were absolutely committed to agroecology. However, we do not really see this in the Bill in a coherent, central manner. Words and statements of intention from Ministers are fine, but we really want to see agroecology front and centre of the Bill.

I was also pleased to put my name to Amendment 42 from the noble Lord, Lord Teverson, on whole-farm agroecological systems, because this gets at the idea that we are not talking about a field or a single area and that we need to think about whole-farm systems. I think the Minister addressed this earlier: when he talked about education, he spoke about how woodland might well be part of a whole-farm approach or system. But this needs to be built into the actual farming elements of the Bill, to acknowledge that we need to see this agroecological approach taking in soil, water and all sorts of different plants, and to see arable, pasture and woodland as a complete system—what you might call an approach involving systems thinking or permaculture.

I turn now to a couple of amendments that appear in my own name, starting with Amendment 49, which very much builds on the earlier comments of the noble Duke, the Duke of Wellington. This would put explicit aims in the Bill: reducing herbicide and pesticide use; ending the use of chemical fertilisers; and—moving to a concept that may not yet be familiar to many of your Lordships, but I am sure it soon will be—using the idea of nutrition per acre as a measure of the kind of farming that we want, and need, to see. We have seen already in the Bill an evolution towards an acknowledgement that farming is about food, which is a pretty obvious statement, but we need to produce good, healthy food as a public good and to contribute to public health. That is what this amendment addresses.

As the noble Duke, the Duke of Wellington, said, the EU has set figures and aims for the improvement of organic farming. Our record is, sadly, a very slow one, and indeed a story of going backwards. The EU has said that it wants to see 25% of its farmland become organic by 2030. We often hear from the Government in many contexts that they want to be world-leading. If they want the Agriculture Bill to be world-leading, they need to set a target for organics on the face of the Bill higher than that which the EU has set.

That is also the case in terms of fertiliser use: the EU has set a target of at least a 20% reduction in artificial fertiliser use by 2030. World-leading has to be better than that. That, of course, is an issue that feeds into so many other aspects we have been discussing in the Bill. My noble friend has sought to introduce references to air pollution; we are also concerned about water pollution from the use of nitrogen fertilisers, in particular. On pesticides, the EU has set a target of a 50% reduction by 2030. I refer the Government again to the issue of being world-leading.

We are often told that this is a framework Bill and all the detail is going to come later in regulations, but if we look at the Climate Change Act, that set out a very clear direction of travel that has since been enhanced. Anyone who read the Bill knew what the Government were trying to achieve. Sadly, a framework Act that has powers but not duties fails in that fundamental principle.

Finally on this amendment, I want to particularly mention nutrition per acre. A lot of this work comes from the Sustainable Food Trust, which is involved in one of Defra’s ELM trials, and is also based on the work of the Indian campaigner and environmentalist Vandana Shiva, who points out that biodiverse agroecological systems have much better outputs of micronutrients and phytonutrients. If we come at this from the other side, the British Nutrition Foundation had a very interesting round table in May 2019, which particularly focused on the fact that, of course, we know that we have a problem with obesity, with an excessive intake of calories, yet, like most of the global north, about three-quarters of people in Britain do not actually get sufficient nutrition in terms of vitamins, minerals, essential amino acids and fatty acids. If we are going to see a reduction in calorie consumption, we really have to be boosting the level of nutrition—the health of food. This is a relatively new area, but we are seeing and understanding that a carrot is not just a carrot—there can be massive difference between the nutritional content of a carrot grown under an agroecological system and a carrot grown in a heavily chemically fertilised, very worn-out soil.

I am aware that I have been speaking for some time, but I will refer briefly to Amendment 84 in the name of the noble Lord, Lord Teverson, on agroforestry. As he was saying, this has to be central to models of the future. If noble Lords have not been to the wonderful Wakelyns, the organic agroforestry research and development site in Suffolk, I urge them to visit and see what can be achieved. It is an inspiring case study and helps demonstrate the principle that agroforestry, broadly speaking, is one-third more productive than simple arable production.

Finally, I come to the amendment in this group that appears in my name. I thank the noble Lords, Lord Randall of Uxbridge and Lord Greaves, for signing it. Amendment 117 refers to meadows and semi-natural grasslands. I pay tribute to the campaigning group Plantlife, which did most of the work on this amendment. Noble Lords might recollect that last Saturday was National Meadows Day, which gave us a chance to reflect on the fact that we have lost 97% of our meadows since the 1930s. These beautiful, hugely valuable, biodiverse environments actually produce very healthy food for animals. We have been talking about the value of diversity in human diets; the same applies to animals. They are also crucial, of course, to our pollinators, which are central to so much of our food production. Having lost 97% of them, this amendment puts into the Bill the principle that we simply cannot afford to lose any more. This, as with many of our upland landscapes, is a hugely valuable, internationally precious resource that we have to protect. I ask noble Lords to consider ensuring that we include it in the Bill.

[Baroness Young of Old Scone [V]]

My Lords, I support Amendment 40, to which I have put my name. It talks about financial assistance for establishing and maintaining agroforestry systems. I also support Amendment 84, which lays out what agroforestry actually means. I feel slightly guilty about this, because having pointed out on our first day in Committee the problems of this being a Christmas tree Bill that everybody wanted to hang a bauble on, here I am with a cherished bauble, because agroforestry systems have major benefits.

I should declare an interest as chairman of the Woodland Trust. Combining trees and farming is a very long-established system. Trees are a crop in themselves, but in combination with agriculture they also help nature, combat climate change and protect water, as well as being good for soil protection and animal welfare. For example, sheep with access to shelter belts of trees produce bigger lambs and suffer less ewe and lamb mortality. I offer my support to this amendment to probe and explore with the Minister how the Government will ensure that agroforestry might receive public funds under the terms of the Bill, since it undoubtedly delivers public goods.