(1 year, 6 months ago)
Lords ChamberMy Lords, I echo everything my noble friend has said. I pay tribute to him for his work as the trade envoy—I believe he still is a trade envoy—for the UK Government in Uganda. We stand ready to support the Government. We have not yet been asked for support by the Government of Uganda to help retrieve the abducted people—we think they are children—but we are absolutely ready to provide whatever support is appropriate if that request comes through.
My Lords, I associate myself with all the expressions of sorrow, condolence and best wishes for the safe recovery of those who have been abducted. My question follows that asked by the noble Lord, Lord Collins, who focused on illicit financial flows. I think there is very good evidence in this region of the smuggling of gold, which goes through Uganda. A lot of it is thought to end up in the UAE. Can the Minister give me reassurance that that gold is not ending up in the United Kingdom or tell me what steps the Government are taking to stop that conflict gold getting out and subsequently funding dangerous armed groups?
The noble Baroness makes an important point. I will certainly not pretend to be an expert, but, just as illicit gold is known to provide resources to some of these extremist terrorist organisations, so too are the proceeds of the illegal wildlife trade, such as the poaching of elephants —we know that al-Shabaab gets a lot of its funding through IWT. Therefore, this is of huge interest to the UK Government, and it is a focal point of much of our work. As a consequence of what is becoming a scramble for critical minerals in our pursuit of net zero, we have to be absolutely certain that, by solving one problem, we are not contributing to the merciless destruction of natural environments and communities as well. I do not think that any western Government has yet got their head around this, but we are determined to focus on it increasingly in the coming months and years.
(1 year, 7 months ago)
Lords ChamberThe noble Lord raises what I think is currently an academic question. The Rwanda option is being explored in relation to the refugees I mentioned earlier who have landed in Chagos—Diego Garcia. We have a particular issue there, given that the facilities are not appropriate. The area that the refugees currently occupy is not strictly inhabitable and we need to return as many of those people as possible. I would add 130 individuals have already voluntarily returned home and the numbers are now pretty small.
My Lords, on the issue of assistance from HMG to the overseas territories, can the Minister confirm that carbon emissions from overseas territories count under the UK’s net-zero target? What support are the Government providing to those overseas territories to tackle their carbon emissions?
The key value of the overseas territories is related less to carbon—their emissions are minuscule—than to the fact that 96% of UK biodiversity is in the overseas territories. That is an enormous source of pride for the UK, and rightly so. We provide a lot of financial support through Darwin Plus, which we expanded to £10 million annually. We have £2 million also available this year to the OTs through the CSSF. We have the Blue Belt programme, which has grown—Anguilla joined a few months ago and another overseas territory will be joining. I long to tell the House about that but I cannot do so yet. That programme continues to grow. We are focusing a lot of effort and energy in helping the OTs to protect and enhance their biodiversity. I did not answer the question about whether emissions are included, because I am afraid that I do not know the answer. My colleague here no doubt does.
(1 year, 7 months ago)
Lords ChamberI personally have not had discussions with the Home Office. Undoubtedly, the Minister for Africa will have done so, but I will make sure that the noble Lord’s message is fed back to the Home Office. He makes a valid point.
My Lords, I return to the first question asked by the noble and right reverend Lord. I think he was referring to Ahmed Haroun, who was among those being held in Kobar prison and facing charges from the International Criminal Court. He was indicted in 2007 for his alleged role in the atrocities in Darfur, including 20 counts of crimes against humanity and 22 counts of war crimes, with charges that include murder, rape, persecution and torture. There are, I believe, clearly correct reports that Mr Haroun is now out of prison, free and appearing in the local Sudanese media.
The noble Lord, Lord Purvis, referred to the issue of impunity in the current circumstances. Clearly, we have a huge problem around the world, in Sudan and elsewhere, in that people have got away with, and continue to get away with, hideous crimes. Will the Government look to do whatever they can to support the work of the International Criminal Court to continue to pursue people facing charges such as this in Sudan? Will that be part of the ongoing work?
My Lords, as it stand today, our priority has to be to continue with the programme of evacuations of British nationals. We completed an operation for those working for government, but there are more people to be saved from this situation. We are committed, as a priority, to trying to extend the 72-hour ceasefire, for the reasons that the noble Lord, Lord Purvis, identified very clearly in his remarks. We may not succeed in that but it is our duty to try to extend it, and ideally even to turn it into something more lasting. The circumstances today are incredibly difficult, and it is unlikely that the kinds of concerns that the noble Baroness identified would be top of the list in these circumstances. However, there can be no doubt about the UK Government’s support for the ICC, or of our commitment to ensuring that people who engage in what are unarguably crimes against humanity are held to justice. We will do whatever we can to support that process but we have to maintain our sight on the clear priorities of today.
My Lords, I have no doubt that people not just in Salisbury and Leeds but across the country will want to provide support where they can—particularly those people with links and connections, but even those who do not. I do not believe there is yet an agreed and accepted pathway for that support—such things tend not to happen in the immediate aftermath of the outbreak of violence—but I will certainly convey that message to the FCDO and the Africa Minister. I imagine we will see the same sort of generosity as we have on so many other occasions in the past few years.
My Lords, following on from the intervention of the right reverend Prelate reflecting the concerns of British-Sudanese communities, the Guardian quotes Nadir Bhanda, a British-Sudanese community organiser, who said that people in Sudan felt “frightened” and “abandoned” by the international community. Irfan Nour said:
“Historically, Sudan is a former British colony and the British government has got a big influence in Sudan. But we feel as though the British government has let us down—there has been no major effort to stop the war and the human situation in Sudan looks very scary”.
I acknowledge the Minister’s earlier comments, but what would he say to Mr Bhanda and the broader community, who are so fearful for their friends and relatives and the communities from which they emerged, about what the British Government are doing?
I certainly would not want to dismiss, disparage or devalue those sentiments, because people in Sudan are, unfortunately, right to be afraid. It is a very unstable and dangerous time for everyone, no matter where they come from, who is caught up in this conflict. But I do not accept those remarks about the UK. We have been at the forefront of international diplomatic efforts: first, to help try to create the conditions in which peace has a chance; and, secondly, to evacuate those people for whom we have a particular responsibility. There is no doubt that, as one of the most generous donors in the global context, notwithstanding the cut from 0.7% to 0.5%, we will be committing ourselves to helping the process of rebuilding lives when circumstances allow.
(1 year, 9 months ago)
Lords ChamberNot only do I agree that it is a short and medium-term top priority but I think that is reflected squarely in this document. How the additional money is spent is, as noble Lords know, for the MoD to prioritise. Whereas we are a medium-power European economy, we invest more in our Armed Forces than almost any other country in the world. We are a top investor.
Notwithstanding that, we are only as good as our partnerships with allies and friends around the world. The UK has been at the forefront of rallying a consensus against Russia’s illegal attack on Ukraine, with some considerable success, in addition to the direct support we have provided to Ukraine’s defence. The UK has stepped up. I do not think we could be accused of underestimating or underplaying the threat posed by Russia. The UK will continue to prioritise this issue.
My Lords, the Statement says that we
“enjoy thriving relationships with countries in the middle east and the Gulf.”—[Official Report, Commons, 13/3/23; col. 539.]
This Statement came out just after the Times reported that there had been 11 executions in eight days in Saudi Arabia, among them that of Hussein Abo al-Kheir, the 57 year-old Jordanian father of eight. A UN Working Group on Arbitrary Detention had called for his release and said his case lacked “a legal basis”. It is reported that a UK Minister met the Saudi Government the day before the execution to call for it not to take place. I also note that in Bahrain it was reported yesterday that four people have been arrested over tweets, including tweets backing reform to its parliamentary system. This is in the context of an Inter-Parliamentary Union meeting that is going to be in Bahrain. It has also revoked entry visas for two Human Rights Watch staff. Does the Minister really think that this would describe a “thriving relationship” that meets the Government’s stated intentions of supporting human rights around the world?
I have a second question that is perhaps more to the Minister’s taste. I am sure he has noticed that the word “climate” does not appear anywhere in this Statement. Does he agree that, if we are looking at the refresh of the integrated review, the extreme events of the climate emergency over the last two years surely should have seen a focus on the even more pressing nature of that issue?
My Lords, the noble Baroness is right that a Foreign Office Minister made representations before the execution took place. I think it would be wrong to exaggerate the power we have as a country; we cannot command countries not to take decisions of the sort that Saudi Arabia took, but it is right that Foreign Office Ministers made representations. We will always continue to do so. It is a long-standing policy that we oppose the death penalty.
We use every opportunity we can to promote the values we hold dear: freedom of speech, freedom of religion and democracy. I do not think anyone questions our commitment to those values. Equally, we work with countries all around the world that do not share all those values. If we were to work only with countries whose values aligned entirely with ours, we would be pretty isolated on the world stage. It is right that we should have a constructive relationship. We are working closely, for instance, with the UAE as it makes preparations for COP 28. We will be a very strong partner to ensure that all the commitments secured at previous COPs are followed through and strengthened at COP 28, which is being hosted by the UAE.
On climate change, the noble Baroness is right, but this is a refresh. It is an additional document, almost an appendix to the IR, and does not replace it. Although there are many ways in which the threat of our abusive relationship with the natural world can be seen to have increased over the last two years—or at least our understanding of the threat has—the emphasis in the IR on the need to prioritise global environmental protection, restoration and tackling climate change was pretty much front and centre. Therefore, by definition, it remains front and centre. The refresh does nothing to diminish that commitment.
(1 year, 9 months ago)
Lords ChamberThe noble Lord makes the important point that Turkey has faced the brunt of this disaster. The vast majority of those people killed and displaced are in Turkey. The numbers continue to mount. Frankly, we do not know the real figure but, as I said earlier, 51,000 people are known to have perished. As the Assad regime has caused such mayhem, Turkey has been left to pick up many of the pieces, and it has done so in a generous fashion, as the noble Lord said. The UK Government are not going to take their eye off the crisis that has hit Turkey and Syria. We have been one of the biggest responders. We will remain at the forefront. We have made serious commitments to Turkey and the Syrian people, and we will honour those commitments and continue to negotiate within the international community to ensure that the international donor community—not just Governments, but the multilateral agencies—provides as much support as it can to deal with the immediate aftermath of the crisis and to help with the process of rebuilding.
I will follow on from the question asked by the noble Lord, Lord Robertson of Port Ellen, and look at today and forward to the days, weeks, months and, indeed, years ahead. It is obvious that people today are still suffering enormously from grief, the uncertain living circumstances they find themselves in, and, for the injured, the medical services are struggling to provide treatment. I am trying to get a grip on what financial contribution the UK Government have made and what they might make in the future. Looking through the figures in this Statement, I see that there is £4.3 million to the White Helmets in Syria, £25 million to the humanitarian response and £5 million as the seed fund for the Disasters Emergency Committee. There is also talk of 429 tonnes of relief and of medical teams. Can the Minister tell me whether that £25 million includes the cost of that relief and the medical teams?
The Statement also refers to contributions from multilateral funds—the humanitarian fund, Education Cannot Wait and the World Bank. Are the Government planning to make extra contributions to those multilateral funds to reflect Britain’s share of the funds that have had to be put into this emergency, unexpected situation—which, by definition, is what an earthquake is? Also, is this money extra money? We know how desperately strained all our overseas assistance budgets are. Will this money be taken from somewhere else in our overseas assistance budgets or will we genuinely put the extra money in—given that, as the Front-Bench speakers noted, the British people have been hugely generous, donating more than £100 million?
My Lords, I will not go through all the figures that I cited in my response to the two Front-Bench contributions but I will make a couple of points, if I may. The first is that the UK, notwithstanding the reduction from 0.7% to 0.5%—this House has a clear view, which I certainly share, that we need to return as quickly as possible to 0.7%—a significant proportion of our ODA has been put aside and effectively ring-fenced for humanitarian response. The very nature of humanitarian crises is that they are not, on the whole, anticipated long in advance. That is what that money is for and, therefore, where it is coming from, which is exactly as it should be.
The noble Baroness mentioned the World Bank and a number of other multilateral institutions. We are one of the biggest investors in the world in the multilateral system. Again, despite the cuts that we have seen in recent years, many of those institutions exist to help countries through problems such as those faced by Turkey and Syria today. Therefore, our contribution through the multilateral system is directly contributing to alleviating the crisis in both those countries. As we go through the figures on our bilateral contribution to either organisations in Syria or the Turkish Government, it would be wrong to discount the contribution that we make through the multilateral system, which has been the major provider of support following the crisis.
(1 year, 10 months ago)
Lords ChamberMy Lords, before I come on to the specifics, I will take umbrage with the noble Lord. I think that he was a little churlish in his reference to the written record. As he knows, in this place, Ministers stand in for other Ministers at very late notice; if he would like to see my diary for today, I would be happy to share it with him, but there was not a minute wasted dealing with issues that are not absolutely top priorities for the United Kingdom. He would appreciate that were he to take a good old look.
There is no doubt that, if this character comes to the United Kingdom, he will not be doing so to be feted or treated in any way by the United Kingdom Government. The only possible reason for there to be any meeting between him and officials would be so that the UK can again put on the record our views in relation to what has happened on his watch. The UK’s abhorrence at the treatment of the Uighur people is very much on the record. The idea that this measure will in any way legitimise, or amplify the importance of, this governor is absurd. If anything, if there is a meeting of any sort with UK Government officials, it will be for us to be able to issue a public reprimand.
It is worth reiterating that the United Kingdom Government have led international efforts to hold China to account for its violations in Xinjiang. We were the first country to step up and lead a joint statement on China’s human rights record in Xinjiang. We have engaged in a huge diplomatic effort to encourage other countries to join us. Since that first statement in 2019, we—Ministers and officials—have worked tirelessly through our global diplomatic network to broaden that international caucus of disapproval.
We have succeeded, and of course we want more countries to join us in publicly condemning these atrocities in China. However, I do not think that anyone can reasonably doubt the commitment of the UK or the leadership that we have taken in challenging China on these issues.
My Lords, I declare my position as co-chair of the All-Party Parliamentary Group on Hong Kong.
The planned meeting with FCDO officials from this head of a regime which presides over what an independent panel has determined is genocide has caused great concern, not just to the Uighur community and its supporters but to the Hong Kong and Tibetan exile communities. In light of that, Fight for Freedom, Stand with Hong Kong made a formal submission to the Foreign Office in November about sanctions against serious violations of human rights in Hong Kong. Can the Minister assure me that there will be a rapid consideration of that report and a rapid response to it?
I can certainly assure the noble Baroness that there will be a rapid appraisal of, and I hope also a rapid response to, that assessment.
To correct one thing, there is no planned meeting with officials. I am not suggesting that there will or will not be meetings. I do not know. There are no plans for meetings to happen between officials and the governor. If there were meetings with the officials, it would be for the reasons that I articulated in my previous answer. However, based on everything I know—and I will correct the record if I am wrong on this—there are no planned meetings between UK government officials and the governor. I think that is what the noble Baroness said.
(1 year, 11 months ago)
Lords ChamberMy Lords, it is very difficult. The decision by the Taliban—which, by the way, has no basis in morality or religion—is a clear breach of international humanitarian principles as accepted by everyone and is yet another violation of the fundamental rights of Afghan women. The reality is that as a consequence of this ban it is very difficult for NGOs in that country to deliver the kinds of services and support that they provided, which is why our principal goal has to be to heap pressure on the Taliban to reverse this decision. Until that decision is reversed, I am afraid that there is no easy answer to the noble Baroness’s question.
My Lords, to follow on from the right reverend Prelate’s question, the German development agency, GIZ, reports that in the last few months of 2022, Germany extracted 24,000 people from Afghanistan—people who had worked for the German authorities, in human rights, in the media and on women’s issues. Can the Minister explain to me the large difference between the German figure of 24,000 and the figure he just cited for Britain?
My Lords, I am not close enough to the process to give the noble Baroness chapter and verse but, as I said, our expectation is that when that first phase is completed, 20,000 people will have received safe and legal passage into the UK.
(2 years ago)
Lords ChamberTo ask His Majesty’s Government what assessment they have made of the contribution of (1) foreign mining companies, and (2) other external actors, to the conflict in the Democratic Republic of the Congo.
My Lords, the DRC faces many challenges but is also an important partner. It is home to Africa’s largest expanse of tropical forest, including 60% of the Congo Basin. The UK condemns the ongoing conflict in the DRC, including the resumption of violence by the UN- and UK-sanctioned armed group M23. This undermines peace efforts and has caused further insecurity and significant human suffering. We reiterate our support for the regional diplomatic efforts to promote de-escalation and create the conditions for lasting peace in the DRC. All support by external actors must stop.
I thank the Minister for his Answer. I am sure he is aware that this week the multinational mining company Glencore has agreed to pay $180 million to the DRC as compensation for corruption between 2007 and 2018. That follows fines and payments of $1.1 billion around the world. Does he agree that the best way we can help to establish stable, secure government and peace in the DRC is to rein in those mining and other western companies, given the fact that Transparency International notes that £100 billion in dirty money is estimated to flow through the UK each year and that the Bribery Act 2010 is now 12 years old? Do we not need urgent action in the UK on bribery and corruption?
My Lords, the noble Baroness is absolutely right to identify corruption as a major problem in the DRC: it is estimated to cost the country some 10% of its annual GDP. Illicit exploitation of natural resources and smuggling to neighbouring countries is a big part of that, particularly deeply rooted in the eastern DRC: it is estimated at around $1.25 billion per year; that is 2.5% of the country’s GDP just for the natural resource exploitation. Gold is the easiest and most lucrative to smuggle and the rate of this is increasing; it increased dramatically over the last year. So, of course, we strongly condemn the actions of any company, in particular companies based here in the UK, that in any way contribute to the further corruption of already fragile systems, with massive repercussions for the future development of that country and the future peace, security and prosperity of its people.
(2 years ago)
Lords ChamberThere are many success stories. They get overlooked when we have these huge COP 27-type summits, but there are countries around the world providing perfect examples of what can be done. I mentioned that Gabon had broken the link between logging and deforestation. Costa Rica has broken the link between agricultural commodities and deforestation. There are a few other countries as well. We do not need to invent anything new. We just must make those examples of best practice the norm. If we can do that through our ODA and other tools, such as trade policy, we will be making a very significant difference.
The agricultural breakthrough that I mentioned earlier, which was launched at COP 26 with 13 countries endorsing it, has identified agroecology as one of the first priority areas for the next three years, and the 13 countries have all signed up to ensure that agroecology receives the funding needed to give it the boost that we want it to have.
My Lords, after COP 27, the Alliance for Food Sovereignty in Africa said:
“It was very disturbing to see a large contingent of corporate lobbyists influencing the process while small-scale farmers have been shut out and drowned out”.
Does the Minister agree that this has been a problem through the COP process? Are the Government acting, ideally to exclude but at least to tone down, the impact of big food—the agrochemical companies, the seed companies, the commodity trading giants—which has such a loud voice in the COP process?
I half-agree with the noble Baroness. There is no doubt that the big vested interests have a disproportionate impact on all such international fora, and that is sometimes reflected in decisions that are made. However, we cannot hope to stop deforestation unless we have co-operation now from the 13 or 14 biggest agricultural trading companies. A few months ago, I co-chaired, with John Kerry, a meeting where we summoned the 12 biggest agricultural commodity traders, to try to pressure them to deliver progress by COP 27, and to show us the road map they intend to follow to break the link between their purchasing of commodities and deforestation. While they did produce that road map for COP 27, and while some of it was very good, particularly in relation to palm oil, it was disappointing in other areas. However, we must keep up the pressure and continue that discussion with those commodity traders.
(2 years, 6 months ago)
Lords ChamberMy noble friend makes a good point, and I refer him to my previous answer.
My Lords, I am sure the Minister is aware of the crisis in the supply of infant formula in the United States, which is associated with an extremely oligarchic concentration of production and ownership of supplies. What assessment have the Government made of similar risks to supplies of critical products in the UK?
My Lords, the UK has a resilient food supply chain. The preparations we were required to make in the event of a no-deal exit from the EU ensured that the UK made preparations that otherwise perhaps would not have been made. In a very real sense, the possibility of a no-deal exit led to an audit of our supply chains, which has resulted in a much more resilient system than we might otherwise have had.
(2 years, 9 months ago)
Lords ChamberThe noble Baroness makes an important point. Single-use plastics that are necessary within the context of delivery of health services are well known and, clearly, they would not be caught up in the measures that the Government are introducing. Beyond those specific items, the same rules would apply in relation to the NHS. I welcome our gradual abandonment of the use of disposable face masks for even the most ludicrous events. The numbers of face masks abandoned around the world defy belief and have come to dwarf some of the plastic pollution caused by things such as stirrers, straws and balloons that we are all obsessed by. I warmly welcome the world gradually dropping the theatrics in relation to those masks.
My Lords, building on the question from the noble Baroness, Lady Jones, about the powers under the Environment Act, the Secretary of State, George Eustice, has said,
“it’s time we left our throwaway culture behind”.
With that in mind and, noting that the Refill Coalition is bringing in plans to replace plastic—or indeed any—containers for washing-up liquid, laundry liquid, shampoo, hand wash, pasta, rice, cereal, seeds, grains, nuts and dried fruits, will the Government consult on every one of those kinds of packaging, or will they simply tell industry and retailers that this has to end by a certain, reasonable date in line with the UN Environment Programme proposals, so that they can have the certainty to plan for that future?
The problem with government is that, sometimes, you cannot just undermine a sector in a way that has a dramatic impact on its business model without offering the necessary respect that comes with a consultation and having thought through the policy properly. Simply banning these items, which, of course, is where I want to end up, would have a massive impact on a number of different businesses. It is right that the Government should tread carefully when it comes to making decisions which impact so directly people’s business models.
(2 years, 10 months ago)
Lords ChamberMy Lords, in response to questions from my honourable friend Caroline Lucas in the other place, the Prime Minister said yesterday that he was not aware of any Russian interference in UK elections. Today he said that he was not aware of any successful Russian interference in UK elections. I am sure that the Minister is aware of the Intelligence and Security Committee’s report on Russia, which said simply that there has been no investigation, so we have no idea whether this has happened. Is it not time, in the current geopolitical climate, to launch that investigation, particularly given the fact that we have elections coming up in the UK in a few months’ time?
My Lords, I start by referring the noble Baroness to the answer given by the Prime Minister today. However, I would just caution her: it seems that this question and indeed this issue became a bit of a bogeyman during the Brexit debate, when all kinds of allegations were made around Russian money, none of which, as far as I am aware, has been substantiated. Our Prime Minister and this Government have done most of the running in terms of corralling our allies to take the position that we have now taken in response to the threat posed by Russia. I do not think that there is any doubt internationally that the Prime Minister has led this international coalition-building exercise.
(2 years, 10 months ago)
Lords ChamberMy Lords, the noble Baroness referred to many of the disastrous impacts that will happen if this oil leaks, spills or causes an explosion. I am sure the Minister is aware that the Red Sea is a crucial coral reef area. Indeed, with the warming climate and seas, it is a real area of refuge where, it is hoped, coral reefs could survive even if they die out in other areas. Is the Minister confident that enough is being done to contain the damage? It does not necessarily require Houthi agreement for containment mechanisms to be put in place in the region. More than that, we have heard lots of discussion about “polluter pays”. What contribution are oil companies making to the mitigation effort?
I will give the noble Baroness an example. There was a false alarm, if she remembers, a little over month ago, on 27 December, of a spill from the pipeline connected to “Safer”. The reaction to that—thankfully, false—alarm demonstrated how quickly the international regional community could respond if that were to occur. Due to our close co-ordination with, and support for, our allies, we were quickly able to confirm that there was no leak. I stress that, no matter how good the contingency plan, the disaster would be very real irrespective. Therefore, the priority has to be to try to stop it from happening.
(3 years, 3 months ago)
Lords ChamberI thank the noble Baroness, Lady Bennett of Manor Castle, and Stop Ecocide International for agreeing to a meeting following Committee stage of the Bill. I found the debate we had in Committee and the subsequent engagement hugely insightful. As the noble Baroness knows and as I have made clear in my contribution during that debate, I very strongly agree with the premise of her argument.
As she knows, ecocide is not a crime recognised under international law and there is currently no consensus on a legal definition. Before the ICC and the crimes it has jurisdiction over could be established by the Rome statute adopted in 1998, ecocide had to be removed in the drafting stages because of the lack of agreement among states parties to the court. The Rome statute provides some protections to the natural environment in armed conflict. It designates international attacks that knowingly and excessively cause widespread, long term, and severe damage to the natural environment as a war crime. But ecocide in the broader sense, in the manner in which the noble Baroness, Lady Bennett, described it, as an internationally punishable crime, has not yet been recognised by the United Nations.
The UK’s current priority regarding the International Criminal Court, as I said in Committee, is to reform it so that it functions better and can deliver successful prosecutions of genocide, crimes against humanity and war crimes. I know noble Lords on all sides of the House share that ambition. As I understand it, if an amendment to the statute was adopted, it would only bind states parties which have ratified it. If not ratified, the court has no jurisdiction over those states. It is likely, and certainly possible, therefore, that the biggest culprits in relation to ecocide and egregious environmental damage would be exempt.
However, reform of the court is a long and complicated process. The independent expert review of the court made over 300 recommendations to improve the workings of the court, some of them fundamental. It will take time to implement these recommendations and that is a priority not just for the UK but many other states parties to the Rome statute. A significant amendment such as that proposed is currently unlikely to achieve the support of two-thirds of the states parties necessary to amend the Rome statute to make ecocide an international crime. As I said in Committee, pursuing it would require enormous heavy lifting on our part, with—at this stage—little prospect of success. There is a concern it could detract from the goal of improving the court’s effectiveness, which in any case would be a prerequisite for a meaningful application of ecocide.
Although I am afraid that I cannot commit here and now to promoting this campaign or concept internationally, I very much share the noble Baroness’s interest in this area, as she knows. I cannot take action as part of this Environment Bill but I am keen to continue discussions with the noble Baroness on how she and others believe the UK, through these international channels, can better lead in recognising and tackling egregious environmental crimes. In the meantime, I very much hope she will feel able to withdraw her amendment.
My Lords, I thank all noble Lords who have taken part in this debate and I thank the Minister for his response. It is probably rare that we have seen such quality and intensity of debate on an amendment at this time of the evening, and I sincerely thank everyone who has contributed to that. I particularly thank the noble Baronesses, Lady Boycott and Lady Whitaker, who have been my stalwart supporters throughout this debate. It was wonderful to hear from the noble Baroness, Lady Whitaker, about her long family connection to this campaign.
That ties in with the points made by the noble Lord, Lord Thomas of Gresford, who outlined the long-term history of the development of this concept. I am not going fully to engage in the legal issues and the questions that he raised, given the hour, but I will point out that the definition of ecocide in subsection (3) of the amendment was developed after a long process involving a distinguished panel of jurists, of whom Philippe Sands—a name well-known to many Members of your Lordships’ House—was co-chair. The interesting approach of holding states responsible is something I will certainly look into further.
I thank the noble and learned Lord, Lord Thomas of Cwmgiedd, who also engaged on this issue in Committee. The point that he made—that reform of procedure can go hand in hand with legal reform—very much answers one of the points made by the Minister. The noble and learned Lord pointed out that there is significant momentum in continental Europe. I would also point out that there is significant momentum within the UK, in Scotland. Indeed, a briefing was held there in the last few days with wide parliamentary engagement, so I come back to the point about this Parliament really needing to catch up.
The point made by the noble Baroness, Lady Hayman, was significant. The Minister, in Committee and again tonight, repeated the suggestion that this would involve enormous heavy lifting and would require lots of resources from the UK Government in order to make progress. The amendment does not ask the Government to pursue a drive for the creation of the crime; it asks them to promote a continuation of the discussion. I do not believe the phrase “enormous heavy lifting” is an appropriate label for the promotion of discussion.
Before I conclude, I want to pick up on what the noble and learned Lord, Lord Thomas, said about the Law Commission. That issue was also raised in Committee and I do not think we have had an answer from the Minister in either of those discussions. There was a commitment to refer to the Law Commission. Can the Minister inform me now of progress on that, or at least commit to writing to me as progress is made on reference to the Law Commission?
With the noble Baroness’s permission, I will make a commitment to the second of her suggestions. I will write to her and continue this discussion.
I thank the Minister for his response. It is with regret, and a feeling that we really are delaying while the planet burns, that I beg leave to withdraw the amendment.
I thank the noble Baroness, Lady Bennett of Manor Castle, for her amendment. Without going into the arguments, everything she said about the benefits of access to nature, I and colleagues fully support and agree with. The Countryside and Rights of Way Act 2000 allows the establishment, recording and appeal of rights of way to agreed standards and sets out people’s rights and responsibilities.
The refreshed Countryside Code helps the public enjoy the countryside in a safe and respectful way, and we are supporting and enhancing access to the countryside in a number of different ways, including laying legislation to streamline the process of recording and changing rights of way. We are completing the England coastal path and creating a new northern national trail. Our agricultural plans set out examples of the types of actions that we envisage paying for under schemes which include engagement with the environment. We are incentivising access via our new England woodland creation offer. There is already extensive access to rivers and other waterways which are managed by navigation authorities, with licences available for recreation and leisure use. The Government’s position remains that public access to nature is a fundamentally good thing. However, the Government’s view is also that access to waterways which are not managed by navigation authorities should be determined through voluntary agreements between interested parties.
I hope that what I have said demonstrates to the noble Baroness that the Government very much share her concerns and aspirations in relation to access to nature and that she will be willing to withdraw her amendment.
My Lords, I thank the Minister for his response and the noble Baroness, Lady Jones of Whitchurch, for her positive and cheering contribution. I very much echo the point she made about how disappointing it is that the sustainable farming initiative pilots do not contain such provisions and that it would be nice to see progress on that. I also thank her for highlighting the way Covid has brought about a sea change in many people’s relationship with the natural world.
On the questions the noble Baroness raised about the prescriptive nature of the amendment, it is very much based on Scottish law, which is already in place and has worked through exactly what the code might look like. It has been very well worked through in Scotland—so the model is very much there.
On the Minister’s response, I am pleased to hear his acknowledgement of the benefits of having people out in the countryside. That is something I will certainly be taking up with him in future. I also point out that he raised the issue of rivers. It is perhaps not very well understood outside certain communities that 90% of our rivers are off limits to wild swimmers, paddle-boarders and kayakers. Of course, wild swimming is a very fast-growing, popular and healthy pastime, and this is something that people are increasingly discovering for themselves and are very disappointed by, and it is something that very much needs to be raised.
None the less, given the hour—I hope we will have a more extensive debate on this at a more reasonable hour very soon—I beg leave to withdraw the amendment.
(3 years, 3 months ago)
Lords ChamberI can confirm to the noble Lord that we will do everything we can to ensure a simple, understandable and clear system. I cannot tell him whether there will be a single system but clarity, simplicity and transparency are absolutely the driving considerations.
The Minister said that the Government would seek to help businesses understand their obligations. I hope—perhaps he can reassure me—that the intention is to regulate the activities of businesses so that they do not continue to profit while the rest of us pay.
The goal is to ensure that businesses understand their obligations under existing law and to avoid the problem of misleading labels around environmental performance. If the evidence points us towards regulation, then that is what we will do.
(3 years, 3 months ago)
Lords ChamberMy Lords, I thank noble Lords for their contributions to this important debate. I know there is significant interest in this House in the environmental principles. Regarding Amendment 19, tabled by the noble Lord, Lord Bird, and presented by the noble Baroness, Lady Bennett, in a typically compelling and powerful speech, the contents of which I fully agreed with, I reassure noble Lords that the concept set out in the amendment is already covered by the duty on the Secretary of State, and I shall explain why. Currently, the Bill states that the Secretary of State must be satisfied that the environmental principles policy statement will contribute to the improvement of environmental protection and to sustainable development. I want to clarify for noble Lords that this legal reference to “sustainable development” encompasses and includes the importance of meeting the needs of future generations. That is what it means.
As I explained in Committee, these are internationally recognised principles and consistent with those agreed through the EU Trade and Cooperation Agreement. This amendment is therefore unnecessary, as the existing principles are fundamentally about passing the natural environment on in a better state to the next generation. However, adding it would nevertheless require government departments to consider an additional principle that overlaps with the existing objective but is not as commonly understood. The fear is that that would cause confusion, resulting in poor policy outcomes. I hope I have adequately addressed the issue raised by the amendment of the noble Lord, Lord Bird, and I ask the noble Baroness to withdraw it in his name.
I turn now to Amendment 20, tabled by the noble Baroness, Lady Parminter. First, I thank her for our discussions in the run up to Report. I understand the motivation behind the amendment, but the Government’s view remains that exempting some limited areas from the duty to have due regard provides vital flexibility in relation to finances, defence, and national security. I will take each of those exemptions in turn. Starting with the exemption on taxation, I understand the interest in removing this exemption, but Treasury Ministers want flexibility to alter the UK’s fiscal position and respond to the changing needs of, for example, the NHS, schools, the police and any number of other vital public services. Applying the environmental principles duty to taxation would be a constraint in cases where speed is required in altering the UK’s fiscal position, with limited environmental benefit. Nevertheless, the Government are committed to encouraging positive environmental outcomes through the tax system. An example of that in the Bill is our commitment to a new plastic packaging tax to encourage greater use of recycled plastic, which is estimated to achieve around a 40% increase in recycled plastic being used in 2022-23. The Treasury’s Green Book already mandates the consideration of natural capital, climate change and environmental impacts in spending. This applies to spending bids from departments, including at fiscal events.
Furthermore, the Government’s response to the Dasgupta review commits to delivering a “nature positive” future, ensuring that economic and financial decision-making, and the systems and institutions that underpin it, support the delivery of that future. I emphasise that the spending and allocation of resources exemption refers to central spending decisions only. In other words, once funds are distributed by the Treasury to other government departments, the principles will apply to how those funds are spent by departments. To be clear, even if we accepted this amendment, principles such as “the polluter pays” could not be applied to, for example, the allocation of overall departmental budgets. This is because allocating money between departments sits outside policy-making. In other words, this amendment would have no material impact in respect of the allocation of resources within government. To reiterate, however, the policy statement must still be considered at the level of individual policies that require spending, such as the design of new transport programmes or environmental subsidy schemes. This is where they can deliver real benefits.
Looking at the Armed Forces, defence and national security exemptions, as the noble Baroness, Lady Parminter, noted, they are also excluded from the duty. That is to provide maximum flexibility in respect of the nation’s protection and security. However, I shall address some of the concerns raised in Committee about the management of defence land. The primary function of the defence estate is to support our operations and maintain military capability. It provides homes for those who defend our country, offices for work, space for training, and conditions to prepare to meet the ever-changing threats that the UK faces. Defence land cannot be practically separated out: it is part of the MoD and touches on decisions across the Armed Forces, national security and defence.
The MoD’s concern is that if we were to impose a consideration of environmental principles on defence policies, or on MoD land, it could result in legal challenges which could slow critical policies or expose sensitive decisions to the public domain, threatening national security. However, the MoD already has statutory duties to protect the environment and the enormous amount of land that the MoD owns, and these are not altered by this exemption. The MoD is subject to all the environmental legislation that other landowners are required to adhere to: the habitats directive, the Countryside and Rights of Way Act, the Natural Environment and Rural Communities Act and others.
Under Clauses 98 and 99, the MoD will be subject to two strengthened duties: to take action to conserve and enhance biodiversity and then to report on the action it has taken. The MOD already reports publicly and regularly on its contribution to improving the environment and SSSI conditions, and showcases its conservation initiatives through the sanctuary awards. The MoD will fully comply with new reporting requirements in the Bill by building on its existing approach. Its SSSIs are managed through a partnership with Natural England, which jointly implements integrated rural management plans to improve and maintain them. The percentage of MoD SSSIs in a favourable condition in England is higher than the national average.
I recently met Minister Quin, who has responsibility for this area. Although I am not able to secure the amendment for this House, I am assured that the MoD takes its responsibilities to the environment seriously. I am confident in the wider arrangements in place to support environmental improvement. I hope, therefore, I have gone some way, at least, to reassure noble Lords and I beg them not to press their amendments.
I thank all noble Lords who contributed to this short but very powerful debate and the Minister for his response. I particularly wish to thank the right reverend Prelate the Bishop of Oxford for reminding us so powerfully of how human health and planet health are interrelated and how the sickness of our planet has real impacts on people’s well-being, particularly that of young people. It is certainly part of the epidemic of mental ill health, from which our society and the whole world are suffering. I also thank the right reverend Prelate for mentioning one of my favourite books, Kate Raworth’s Doughnut Economics. I commend it yet again, as I am sure I have before.
I thank the noble Baroness, Lady Parminter, for her support for Amendment 19 and the noble Lord, Lord Khan, for his suggestion to the Minister. Indeed, I would extend that suggestion to all Members of your Lordships’ House. I take part regularly in Learn with the Lords, a chance to go out, through the mechanisms of your Lordships’ House, to speak to young people. It is a great opportunity, and it would be wonderful if more people took that up, particularly to speak about environmental issues.
I want to make one comment on the Minister’s response to Amendment 19. He suggested that “sustainable development” within the principles covers this. When we think about our current planning law and the way in which the term “sustainable development” is used in that and proposals for changes to our planning law, there is cause for grave concern about suggesting what sustainable development in our current legal framework might or might not achieve.
None the less, we have a lot to do and much pressure on our time. However, before I finish, I want to commend to your Lordships’ House the fact that the noble Lord, Lord Bird, has—one might call it fate—the number one slot in the ballot for Private Members’ Bills. The greater expanse of his Wellbeing of Future Generations Bill covers the issues that this amendment sought to address. I commend that Bill, engagement with it and support for it to all Members of your Lordships’ House. In the meantime, on behalf of the noble Lord, Lord Bird, I beg leave to withdraw Amendment 19.
(3 years, 3 months ago)
Lords ChamberI thank the noble Lord for his intervention. We will talk in detail about the target shortly—perhaps even next—but my point is less about the individual fungi or bacteria; it is that you cannot deliver a reversal of our catastrophic biodiversity loss without tackling ecosystems and, as the noble Baroness, Lady Bennett, make plain in her speech, soil is the basis of so much of our biodiversity and ecosystems, so it is logical that you cannot do one without the other—and likewise with net zero, for all the reasons that my noble friend Lord Deben pointed out.
So, as I have outlined, we are very much on the case. We are developing a metric and prioritising soil health in numerous ways, through this Bill but also other actions. The amendment would undoubtedly pre-empt the process of developing that metric and, for that reason, we cannot accept it—but, with the assurances I gave, I hope that the noble Baroness can be persuaded to withdraw her amendment.
My Lords, I think this has been some of your Lordships’ House at its finest and I thank everyone who has contributed to this debate. It is extraordinarily striking that, from all corners of this House, we have seen overwhelming support for Amendment 2.
I do feel I must address the comments of the noble Lord, Lord Randall of Uxbridge, who signed the amendment and then expressed some concern about it. I do not believe that there is any form of conflict or competition between this amendment and Amendment 18 from the noble Earl, Lord Caithness. This amendment sets out that there must be a target; Amendment 18 sets out a process, scheme and operational activity. So they are not in competition. I strongly urge your Lordships’ House to support the noble Earl’s amendment. Indeed, I attempted to sign it, but, as with a number of others, it was already oversubscribed.
I should love to go through so many contributions—each has added something to the debate—and acknowledge them all, but I know that some of the people who are keen for the Bill to progress would be right on my case if I did that, so I will not. But I shall pick out just a couple of contributions, because I think they are particularly important. They are from two members of the Climate Change Committee: the noble Lord, Lord Deben, and the noble Baroness, Lady Brown of Cambridge. This is the expert view saying that the amendment needs to be in the Bill; that is the independent view, in all senses. The noble Baroness, Lady Brown, made a point that no one else has made in our long discussion of soils, about the way in which climate change is putting pressure on soils: drought, flood, fires and all the extra damage to what has already been done.
I also want to note the contribution of the noble Baroness, Lady Young of Old Scone. She has been a particularly fervent supporter of this amendment, and I thank her for that. I also thank her for counting the number of times that soil quality appears in the 25-year plan; I confess that I had not done that. That shows that the Government kind of see the issue but are just really not engaging with it in the Bill.
So I will address a couple of points that the Minister made. He talked a lot about what Defra is doing operationally and what it is setting out, but he did not really address my point that the 25-year plan says that we will have sustainable management of soils by 2030. How can we do that without having this long-term target to progress towards—without, indeed, having the noble Earl’s strategy? It was particularly telling that one of the other chief points of the Minister’s argument was, “Oh, well, we deal with these other things—biodiversity and water—and that will fix soils”. That is making soils a second-order issue, which is putting it in profoundly the wrong place. This amendment puts it in the right place: in the Bill. As we have discussed in so many other areas, whatever the department might be doing under one Secretary of State, there is no guarantee that it will continue under another Secretary of State. Issues must be put in the Bill.
I well understand the pressures in your Lordships’ House against calling votes; I understand the desire to progress the Bill. But, having listened very carefully to the Minister and having heard the very strong support for the amendment from all sides of your Lordships’ House, I must ask to test the opinion of the House.
(3 years, 5 months ago)
Lords ChamberI welcome Amendment 286 and the thoughtful and interesting speech of the noble Baroness, Lady Bennett of Manor Castle. The challenge is that GDP has been used by Governments pretty much everywhere as a proxy for well-being ever since it was developed half a century ago, but GDP was never designed to be an all-encompassing measure of welfare. In basic terms, it simply measures economic activity, indiscriminately—it cannot distinguish between growth that is or is not sustainable, or even good. GDP measures what we produce, but it ignores the cost of what we destroy to make it. It can add, but it cannot subtract.
It is possible to imagine that you could empty the oceans of all fish, chop down every last tree, fill our rivers with poison, pollute every last breath of air that we take, and all the time, GDP could still be rising and the economy still be growing. Ironically, the man who helped develop the concept of GDP in the first place, Nobel Prize economist Simon Kuznets, never anticipated its use as a comprehensive measure of progress. In 1934, he wrote:
“The welfare of a nation can scarcely be inferred from a measure of national income.”
Robert Kennedy said something similar: that GDP
“does not allow for the health of our children, the quality of their education or the joy of their play. It does not include the beauty of our poetry or the strength of our marriages, the intelligence of our public debate or the integrity of our public officials. It measures neither our wit nor our courage, neither our wisdom nor our learning, neither our compassion nor our devotion to our country, it measures everything in short, except that which makes life worthwhile.”
The problem is that numerous organisations have over the years attempted to develop alternative indicators. I worked for one myself—it feels like many decades ago. The results of their work have often been overly complicated metrics that Governments would struggle to use in a practical way, but we need to find additional ways to measure the health of our economies. It is surely madness that the Amazon rainforest, on which the world fundamentally depends—each and every one of us—and without which the world would be thrown into chaos and turmoil, has no real recognised value until it is cashed in for commodities and throwaway goods. That just does not make sense.
That is something that the Government understand and are grappling with. For example, we are aligning our economic objectives and decision-making processes with our net-zero commitments; we are moving towards nature-proofing our decisions as well, and this Bill is a part of that.
The Treasury’s Green Book, which the noble Baroness mentioned, requires that all impacts on society as a whole, including environmental impacts, are assessed when policy is developed, and that includes monetised and non-monetised climate environmental impacts. The Treasury is currently conducting a review into the application of the discount rate for future environmental impacts, to try to ensure that decision-making probably accounts for the value of the environment. In their response to the Treasury-commissioned Dasgupta review, the Government have committed to ensuring that their economic and financial decision-making and the systems and institutions that underpin it support the delivery of a nature-positive future.
As all speakers so far in this debate have acknowledged, we have a very long way to go. It is not easy, but it needs to be done. Without that, we will fail to reconcile lives and the economy, nature and the economy, in the way that we will need to if we want a sustainable future.
Moving on to Amendment 288, I reassure the noble Baroness, Lady Jones of Moulsecoomb, that, as the Environment Secretary set out in his response to her Private Member’s Bill on this subject, the Government take their air quality obligations extremely seriously. In this Bill, we have committed to setting ambitious, legally binding targets on air quality, to drive further emissions reductions, which will deliver significant benefits to the environment and human health. Specifically, the Secretary of State, will be required to set a new target on PM 2.5 to act as a minimum standard across the country, and an additional long-term exposure-reduction target to drive continuous improvement, including in areas that meet the new minimum standard for PM 2.5. This novel, dual-target approach is strongly supported by the experts and will deliver significant public health benefits by reducing our exposure to this pollutant in all areas of the country.
The Bill also includes measures to require regular refreshers of the national air quality strategy. The first review will be published in 2023, and we will be looking to develop a stronger support and capability-building framework, so that local authorities have the necessary tools to take the action needed locally to reduce people’s exposure to air pollutants.
Alongside that, the Bill changes the local authority air quality management framework to promote co-operation at all tiers of local government and with relevant public authorities. This will ensure that central and local government and public authorities work together towards achieving cleaner air and a healthier environment for us all. The Government continue to work closely with the Department for Health and Social Care, the Department for Transport, the Air Quality Expert Group, the Committee on the Medical Effects of Air Pollutants and a wide range of other sector experts to drive concerted action to improve air quality.
However, not all air pollution is under the control of government, either nationally or locally. Significant contributions to UK air pollution can come from other countries, depending on the weather. For example, up to a third of the UK’s current levels of particulate matter pollution comes from other European countries. UK air quality can be affected by distant volcanoes and dust flowing in from as far away as the Sahara. The transboundary and transnational nature of air pollution therefore makes it ill-suited to be a general or formalised human right.
I thank noble Lords for their contributions on these important matters, and hope that they will not press their amendments.
My Lords, I thank all noble Lords who contributed to the debate and all their expressions of support for the amendments—perhaps even, in intent, at least, from the Minister; and I thank him for his detailed answer. My noble friend Lady Jones of Moulsecoomb asked, “What is the Government for?” Surely, one of the purposes is to ensure we have clean air to breathe and to ensure that we have a healthy life for future generations —something that the noble Lord, Lord Bird, is trying to do by other means.
The noble Earl, Lord Dundee, offered welcome support and said very clearly that we need goals to be identified and made concrete, acknowledging that we must consider the global impact of our environment. The noble Lord, Lord Lea of Crondall, said that we cannot go on just generating greenhouse gases—how could it be better summed up?—particularly highlighting our position of COP chair, and stressed the need for statistical compatibility and credibility in Glasgow. I think perhaps we may just park the emperor with no clothes metaphor, but it is certainly apt.
The noble Baroness, Lady Parminter, stressed the need for the Treasury to engage in this debate, with which I can only very much agree, and spoke about the need for all departments to be engaged in environmental issues, with which I of course agree. My amendment is focused on the narrow issue of economic measurement, moving away from the failed, damaging emphasis on GDP.
The noble Baroness, Lady Jones of Whitchurch, focused on reprogramming the economy, something we clearly need to do, and said that it needs a rethink at the highest level. As she was speaking, I thought that perhaps the highest level in the Government should be Defra, because that is the place where it all starts. She also stressed the need for leadership from the top.
I particularly have to welcome the Minister’s comments, many of which reflect speeches that I give regularly about the total misalignment of using GDP as a welfare measure. I just wish that we could hear that from the noble Lord, Lord Agnew, or Rishi Sunak in the other place, instead of only from the noble Lord, Lord Goldsmith. He referred to the Dasgupta report, which is useful and important. At least by using pound values it puts all the issues into terms that the Treasury can understand.
I thank the noble Baroness, Lady Bennett of Manor Castle, for Amendments 287 and 293D on ecocide. I strongly agree with the premise of her argument. The appalling fact is that we are currently destroying life on earth. Each minute we lose around 30 football pitches-worth of tropical forest. We have seen a 70% decline in key species since 1970, which is a mere nanosecond in evolutionary terms. Nowhere is spared: a third of marine mammals are threatened with extinction; an estimated 35% of the world’s marine and coastal wetland areas were lost between 1970 and 2015, at three times the rate of forest loss; and half the world’s seabird species are already affected by ocean plastic. At the same time, we are destabilising the world’s climate. Although there is no computer model in the world sophisticated enough to fully predict the effects, we know that they will be dire.
It is of course a tragedy in and of itself, but it is also a human tragedy. A billion people depend on forests for their livelihoods. As those forests are destroyed, so too are their livelihoods. Around 200 million people depend on fish for their livelihoods. As we exhaust the oceans, those people and their families are often left destitute. When ecosystems fail, so too do the many free and hopelessly undervalued services that nature provides. Because it is the world’s poorest people who are likely to depend most directly on those free services, it is they who will suffer first and worst. I say that in response to comments from the noble Baroness, Lady Fox.
Ultimately, we all depend on the health of the planet, and its destruction has grave implications for us all. Indeed, as we sit in this Chamber, metres apart, it is worth reflecting that coronavirus itself is likely a symptom of our dysfunctional relationship with the natural world. Even if that is wrong and in this instance it is not, it is certainly the case that most pandemics are.
Objectively, it must be the case that killing ecosystems on which so many people depend has to be among the most serious of crimes. I recognise that not everyone will agree with that, but I ask those people to consider what their response might be to someone pouring poison into another person’s water supply, pumping toxic gas through someone’s window, or setting fire to a person’s farm. No one, I think, would doubt for a second the gravity of such crimes, so it should not be seen as any different when it is done by a multinational corporation in a foreign land, except, of course, at a bigger scale.
We have strong environmental laws in England, which carry fines and potential imprisonment for the most serious offences. There is a whole ecosystem of enforcement authorities: the Environment Agency, Natural England, the Forestry Commission, the Marine Management Organisation, Ofwat, the Drinking Water Inspectorate, local authorities, the police and Defra itself. In particularly egregious cases, significant sanctions are sought. For example, as has been mentioned, only last week Southern Water was fined £90 million for pumping raw sewage into protected waters around the south-east coast. There were also convictions against several employees of Southern Water, who obstructed Environment Agency investigators. But there is no doubt that our regulatory framework can be improved. That is one of the things we are trying to do with this Bill, not least with the new OEP.
There is no doubt that, around the world, the true cost of serious environmental crime or ecocide is not reflected in our response to it. Sadly, ecocide is not yet a crime recognised under international law and there is currently no consensus on its legal definition. Indeed, before the ICC and the crimes it has jurisdiction over could be established by the Rome statute, which was adopted in 1998, ecocide had to be removed in the drafting stages due to a lack of agreement among the states party to the court. The Rome statute provides for some protections for the natural environment in armed conflict—it designates international attacks that knowingly and excessively cause
“widespread, long-term and severe damage to the natural environment”
as war crimes—but ecocide as a stand-alone crime is not yet recognised.
The UK’s current priority regarding the International Criminal Court is to try to reform it, so that it functions more efficiently and effectively and can deliver successful prosecutions of crimes in its jurisdiction and bring accountability for victims. I know that noble Lords on all sides of the Committee will share that ambition. Reform of the court is a long and complicated process, driven by the states party to the Rome statute. Their involvement is fundamental to success. A significant amendment such as that proposed by the noble Baroness is unlikely to achieve the support of two-thirds of the states party, which is necessary to amend the Rome statute to make ecocide an international crime. The view, therefore, is that pursuing it would require an enormous amount of heavy lifting diplomatically, with little prospect at this stage of succeeding. That would likely also detract from the goal of improving the court’s effectiveness, which, in any case, would be a prerequisite for any meaningful application of ecocide.
I will end there. We are unable to accept the noble Baroness’s proposals. I therefore ask her to withdraw her amendment.
My Lords, I thank everyone who has participated in this very informed and informative debate. The noble Baroness, Lady Boycott, stressed the basis of this crime as being wanton and deliberate action, using two very clear examples. The first is Exxon in 1977 in terms of its understanding of the climate emergency then. Secondly, flagrant breaches of the law are occurring on our own shores with the treatment of our water supplies and the spillages of sewage into them. Those are two useful examples of how we think an ecocide law would operate in practice.
Can we imagine, for a moment, being in a boardroom and hearing the chief legal officer saying to the chief executive officer, “If we took this action, the law of ecocide might just be used” and what a powerful force that would be? As the noble Baroness, Lady Fox, says, it is a powerful word and a rightfully powerful word for destroying the natural world, on which we all depend. The noble Baroness, Lady Boycott, made a very important point by saying that we cannot expect the world to go forward if we are not prepared to adopt this law and take action ourselves.
The noble Baroness, Lady Fox, suggested that this was looking at human interaction with nature in a wholly negative way. I am not sure how she could regard the two examples given by the noble Baroness, Lady Boycott, as anything but wholly negative. She also suggested that, at times, this term has been used metaphorically. But of course, that is not what we are talking about here; we are talking about law. The term “murder” is often used metaphorically but that does not stop it being an essential legal charge used in a legal way.
The noble Baroness, Lady Fox, also referred to the needs of the global south. It is the global south that has suffered probably the largest amounts of environmental damage, human rights abuse, poverty and inequality from our extractive, exploitative approach to nature. All around us, we have the products of the global south’s land and, of course, the global south’s labour and ingenuity—most often insufficiently remunerated.
I thank the noble Baroness, Lady Whitaker, for her support and commend her on championing the issue of ecocide through Written Questions. She highlighted the international support for the creation of this crime and the fact that the Briton Philippe Sands QC is working very much in the leading role on this, reflecting the UK’s long-term position as a leader in international human rights law and legal protection.
I thank the noble and learned Lord, Lord Thomas, for his hugely informed and thoughtful contribution and expression of support for the principles. The historical perspectives that he provided were also particularly useful, acknowledging that international law has evolved with international standards and highlighting the developing impetus towards a crime of ecocide. He stressed the global role and the need for leadership and called for the UK to step forward and take a lead.
The noble Lord, Lord Khan, called for a constructive role for the UK in negotiation. I appreciate that call, which very much reflects the content of my Amendment 287. He spoke very effectively, saying that the law of ecocide is defending the land itself and made the link to the many declarations of climate and nature emergencies.
The noble Lord, Lord Goldsmith, gave us a very full account of the sixth great extinction and the way ecological damage does not impact just on nature but on human health and life—as we have seen with Covid. He said that there was no consensus, but surely the UK could and should be providing that leadership. As a nation, global Britain aims to be world-leading. I acknowledge his concern about the reform of the International Criminal Court, but that is a separate issue from the nature of the Rome statute. The Minister suggested that there was little prospect of this international drive succeeding. That is clearly not the view taken by the EU.
Before we come to the conclusion of this group, the Minister was asked a couple of questions that were not answered. I would like to put them to him again. First, I asked if he would be prepared to meet Stop Ecocide campaigners and ask his officials to take a look at the proposed new international definition. Secondly, the noble and learned Lord, Lord Thomas, asked whether the Government would ask the Law Commission to consider this issue. May I put those two questions to the Minister before we proceed?
I am happy to agree to both requests.
I thank the Minister for that one answer. For the moment, I beg leave to withdraw this amendment.
(3 years, 5 months ago)
Lords ChamberI will take up my noble friend on his offer for me not to respond, other than to say that I note his comments and, I think, agree with everything he is saying.
My Lords, in his argument against Amendment 196, which calls for biodiversity gain sites to be protected in perpetuity, the Minister suggested that they might receive protection under provisions that already exist. Could he specify what provisions might apply 30 years after establishment? For example, Medmerry, the project I referred to earlier, might become a Ramsar site even in that short timeframe. It is clearly designed to exist in perpetuity anyway, depending on the rise of sea levels. But would most sites really be likely to be eligible to become a SSSI, after 30 years?
It is impossible to answer the question, because it depends on the site and the type of ecosystem created, which determines the kind of protection that applies. My point is that there are protections for natural sites already, although I am not suggesting that there are enough. It is not easy to get permission to destroy important ecological sites. As I have said in this and in many other debates, we intend to build on those protections. The idea that, in 30 years, it will not be significantly harder to grub up valuable ecosystems—even 30 year-old ecosystems, which are important—is highly unlikely or virtually impossible to imagine.
(3 years, 5 months ago)
Lords ChamberMy Lords, I have a very simple question. The Minister referred to the Government already having power to ban materials such as certain sorts of polystyrene containers. Do they have any plans to take such action?
Do we have plans? We are committed to extending our bans on unnecessary single-use packaging and have a 25-year environment plan to phase out all unnecessary use of plastic, not just single-use plastic, so in that sense, yes, we do have a plan. The noble Baroness is right that there will need to be continuous pressure. I think that pressure will continue to grow from consumers, voters and from parliamentarians of all parties to accelerate those bans and expand their remit. From my point of view, I have ambition and hope that we will expand that approach as far and wide as we possibly can and as quickly as we can.
(3 years, 6 months ago)
Lords ChamberMy Lords, one of our priority areas for targets is waste, so we are committed to introducing at least one target, but, as I said, we can introduce targets on other issues as well. We are looking very closely at where targets are likely to have the best and biggest impact, and Defra is currently looking very closely at the issue that the noble Baroness has raised. I am not sure whether it was in the noble Baroness’s speech, but we heard from a few people, including in the opening speech, about the negative impacts of throw-away face wipes that contain plastic. We in the department are looking very closely at this as well; we are gathering information to see where we can have the biggest impact. I do not want to prejudge that process, but we are clearly committed to moving to a zero-waste economy, which will be reflected in the targets and is reflected in the Bill.
My Lords, in his answer to the debate on this group of amendments, the Minister said that the Government are relying on extended producer responsibility to see a reduction in waste, particularly plastic waste; indeed, he said, “We will see less waste”. I was thinking about a company that produces some of our most expensive electronic goods and which does not have a particularly good environmental record—everyone will know which company I am talking about. If it produces a telephone or device that is worth £1,000 or more, the packaging cost would have to be very large to discourage it from making it look as fancy and as flash as you could possibly want.
Then there is the other end of the market—supermarkets, as the noble Baroness, Lady Boycott, just mentioned. They are saving a lot of money by selling plastic-wrapped vegetables, which forces people to buy more. I did a little price comparison in Lidl in Sheffield, and the loose vegetables were roughly twice the price of the plastic-wrapped ones. That is certainly a reflection in part of the fact that they are cheaper for supermarkets to handle: they need fewer staff and plastic-packed goods can be more roughly handled. You would have to put a very major cost on that plastic to ensure that there is a truly significant deterrent effect. I ask the Minister to respond on his claim that “We will see less waste”—how can he be certain about that?
To pick up the other point, the Minister said that the plastic ban has a risk of encouraging the use of other equally, or similarly, damaging materials. I come back to our debate on day 1, when we talked about the need for a limit on, or reduction to, our resource use in total, and a target to see a total resource-use loss.
Finally, my noble friend has asked me to tell noble Lords—she has been having conversations on Twitter—that if you are now wearing a blue plastic face mask, you can wash these several times and they will survive several washes. Having given that important information, I will sit down.
(3 years, 6 months ago)
Lords ChamberI can reassure my noble friend that it does not require the Government to have a change of heart, as we fully support access to nature for all the reasons which have been described so well by so many noble Lords. Indeed, just a few months ago the Defra Secretary committed £4 million for a project aimed at tackling mental ill-health through green social prescribing, which goes to the heart of some of the issues raised today. We want everyone to have access to a healthy, abundant and diverse environment, and the Environment Bill as a whole is an attempt to try to improve both our environment and access and enjoyment of it. Of course, we have much more to do and I am interested in the examples he has cited.
My Lords, in his response the Minister referred to the issue of littering, particularly personal responsibility for littering, but we were earlier talking about waste reduction targets. The people who profit from the production of that litter are of course fast-food companies and multinational food production companies. When it finally arrives, the bottle deposit scheme will be an important area of this. Will the Minister acknowledge that this is not just a personal issue but a case where we have to see system change, that multinational companies and fast-food outlets have to look at the ways their food is sold, and the packaging they produce, and that this needs to be seen as more than a personal problem?
I could not agree more. There is of course an element of personal responsibility; it is not always down to the Government, but the noble Baroness is absolutely right. That is the whole point of our approach to extended producer responsibility, and that can apply to anything. It is very much my hope that we will be at a point not too far off where fast-food companies are financially responsible for the waste generated by their activities. We would see, the moment one creates a financial dynamic of that sort, that companies will do anything they can either to design waste out of the way they do business or to minimise the amount of waste they know they will generate. I do not think there is a better way of doing it, but clearly having created the apparatus, which we will do through this Bill, we then must use it, and use it properly. If we do, we can get where we need to in relation to waste.
(3 years, 9 months ago)
Lords ChamberMy Lords, population growth is clearly an issue, but the bigger factor by far is consumption levels. The average UK citizen, for instance, has significantly higher levels of consumption and CO2 production than the average beneficiary of any UK aid. For example, it takes the average UK citizen just five days to emit the same amount of carbon as the average Rwandan does in a full year. The challenge is to move towards an economic system that recognises the value of nature and understands the cost of waste, pollution and the use of scarce resources.
My Lords, I have to agree with and commend the Minister’s comments just now. However, given the announcement from the Biden Administration that their intention is to protect and empower women around the world, will the Government follow suit and, as chair of COP, acknowledge that climate justice demands that women have free reproductive choices, including access to contraception, abortion and treatments to addressing fertility?
Voluntary family planning programmes undoubtedly empower women and girls to choose whether and when to have children and this in turn supports the health, prosperity and resilience of their communities and countries. Where population projections show continued rapid growth, effective family planning programmes can change that trajectory. Voluntary family planning is one of the most powerful drivers of sustainable development and prosperity. Between 2015 and 2020, the UK reached an average of 25.3 million women and girls per year with modern methods of family planning and we continue to ramp up our efforts in that area.
(4 years, 2 months ago)
Lords ChamberWe are currently engaging with stakeholders on the content of the England peat strategy and we expect it to be published later this year, but, as I said earlier, the Government are committed to phasing out rotational burning. We are considering all the evidence to ensure that any legislation actually works. It is undoubtedly a complex issue and it is important that we take the right steps to restore and protect this valuable habitat.
My Lords, I refer the Minister to page 95 of the report, where the independent committee says:
“Burning … is highly damaging to the peat, and to the range of environmental benefits that well-functioning peat can deliver”.
It goes on to say:
“A voluntary cessation of this activity … has not produced the desired outcome so the practice should be banned across the UK with immediate effect.”
Does the Minister fully accept and endorse those words? If so, why in his initial Answer did he use the words “phase out” and refer to “real progress” from voluntary efforts, which contradicts what the report says?
(4 years, 3 months ago)
Lords ChamberThe noble Baroness makes an important point. We believe fundamentally that businesses should try to reduce the amount of litter that their products generate. The litter strategy sets out how we intend to work with the relevant industries to tackle certain types of particularly problematic litter, including, of course, fast food packaging. Councils do have powers to tackle persistent unreasonable behaviour, and, through the Environment Bill, we will increase those powers.
My Lords, I am sure the Minister will agree that, with litter and waste, prevention is better than cure. In the light of the Which? study out this morning showing that two-thirds of branded grocery packaging is not fully recyclable, what steps are the Government taking to force companies to switch to less packaging and less damaging packaging, and to cover the costs of dealing with the waste? Following on from the questions asked by other two noble Lords, why do we need another consultation on England’s bottle deposit scheme, when we are already world-trailing on delivery of this?
On the second point, consultations are more often than not a statutory requirement, but on the broader point, the Government absolutely agree that the emphasis should be shifted as far as possible on to producers. As noble Lords will know, we are introducing extended producer responsibility through our legislation, and that means making those producers pay the full lifetime costs of collecting and managing packaging when it becomes waste. But we also want to encourage businesses to design and use packaging that is easily recyclable, and these reforms will complement the introduction of a tax on plastic packaging that does not contain at least 30% recycled content.
(4 years, 3 months ago)
Lords ChamberFurther to the Written Answer that the Minister gave me on 25 June, which said that
“it is not possible to confirm on available data whether there has been an increase in”
raptor persecution during the Covid crisis, have the Government now caught up with the statistics? If not, I can direct him to the Raptor Persecution UK website, which reports today the total tally of
“44 hen harriers ‘missing’ or confirmed killed since 2018”.
It notes that this is
“ten times more likely to occur over … land managed for grouse shooting”.
Given this, why did the Government create a special exemption from Covid-19 health restrictions last weekend for driven grouse shooting and other shooting? Should they not instead ban driven grouse shooting and the release of pheasants for shooting, as an emergency measure to tackle the crisis that this report identifies?
We are aware of reports that there has been an increase in wildlife crime, particularly that associated with raptor persecution, during lockdown. Raptor persecution is one of the UK’s six wildlife crime priorities and we understand that there are a number of criminal investigations ongoing. However, I am afraid that it is not yet possible to confirm, on available data, whether there has been an increase. I would welcome access to the report that the noble Baroness mentions. On the Government’s decision last week, she will note that it exactly mirrors decisions taken by the Labour Government in Wales and the SNP in Scotland, and is not—as has been reported—a special dispensation for any particular form of activity.
(4 years, 9 months ago)
Lords ChamberTo ask Her Majesty’s Government what steps they intend to take to reduce substantially the use of single-use plastics.
My Lords, we have reduced annual sales of single-use plastic carrier bags by over 7 billion with the 5p charge. We launched the ground-breaking Commonwealth Clean Ocean Alliance alongside it. From April, there will be a ban on the supply of plastic straws, cotton buds and stirrers, while our landmark Environment Bill will shift the emphasis towards producer responsibility. It includes powers to charge for single-use plastic items, introduce deposit return schemes and manage the export of plastic waste.
I thank the Minister for his Answer. He will be aware that dealing with litter and fly-tipping costs councils £660 per person per year, and that local councils spend 32% of their council tax revenue on dealing with waste. Does he agree that this cost should be borne not by people in communities but by the people benefiting from it? He may be aware that in the United States, the Break Free From Plastic Pollution Act has just been tabled in the Congress, which calls for industry to meet those costs. Even better, since this plastic is choking our planet, should we not ban it altogether?
The plastic bag tax itself has not put any additional costs on to local authorities; on the contrary, it has raised substantial funds, which have been deployed through local charities in the areas where it has been collected. On the broader point about the cost of tackling unnecessary or avoidable waste, that is central to what we are trying to achieve in the Environment Bill. Taking the Bill in its totality, it is about shifting the emphasis away from consumer responsibility towards producer responsibility, on the understanding that most consumers do not welcome unnecessary waste from the products that they buy.