I said to the noble Baroness’s noble friend that I would write about we are doing on the TRIPS waiver, with which I am not familiar. I will endeavour to include the answer to the noble Baroness’s question in the letter to the noble Baroness, Lady Chakrabarti.
My Lords, those Members of your Lordships’ House, including me, who have recently had this disease, despite being fully vaccinated and boosted, will know that it is not entirely to be treated lightly, even post vaccination. Does the Minister agree that, while we certainly depend on vaccinations for the future and are hoping that they will evolve and become more widely available both here and elsewhere in the world, high levels of public health messaging about other forms of simple protection against transmission of this disease really need to continue and currently they really are not?
(3 years, 4 months ago)
Lords ChamberMy Lords, I begin by thanking the noble Lord, Lord Teverson, for his powerful advocacy for the marine environment throughout these proceedings and, indeed, last year throughout the proceedings on the Fisheries Act, in which he knows I had some involvement.
I will focus first on Amendments 226, 227 and 229. I sympathise with the intention behind this group of amendments, but the Government do not agree that this is the right approach. Local nature recovery strategies build on the important role that local authorities play as local leaders and decision-makers within their areas, as the noble Lord will know from his time spent on the Cornwall pilot. Clearly, actions taken on land can affect the marine environment and vice versa, and we should not create false barriers to nature’s recovery.
As such, our intention is that local nature recovery strategies should integrate with existing spatial plans of marine areas. This is in order to understand the area’s current uses and its potential in adjacent marine areas. It is something that we have explored through recent pilots, which, as I said, the noble Lord has kindly supported. However, local authorities are not best placed to produce marine strategies, as these areas are largely beyond their remit and authority. I believe that requiring this would lead to significant complications and potentially unhelpful duplication with existing processes. It would include duplication with the Marine Management Organisation, which is England’s main marine regulator and manages the licensing of marine activities, recreation and fisheries beyond six nautical miles. The inshore fisheries and conservation authorities also manage fishing out to six nautical miles and any marine nature restoration strategies should include their input.
Amendment 233 would require the Defra Secretary of State to create a nature recovery strategy for the United Kingdom exclusive economic zone for England. The Government already have a strong framework in place to ensure ocean recovery through the UK marine strategy. Its goal is to ensure that all UK seas are of good environmental status, exactly as the noble Lord’s amendment would require.
In March this year, we published the updated UK Marine Strategy Part Two, setting out the monitoring programmes that we will use to assess progress towards our updated good environmental status targets. This will be followed by the update to our programme of measures, which will set out a comprehensive list of measures to help to achieve good environmental status. As the UK already has a strategy for ocean recovery, this well-intentioned amendment is not needed.
The noble Baroness, Lady Jones, generously welcomed the Benyon Review into Highly Protected Marine Areas. The Government published their response to the review on World Oceans Day 2021 and accept the majority of its recommendations. In answer to the question from the noble Lord, Lord Teverson, about when we will designate HPMAs, that will be done in 2022. We do not agree that HPMAs should be only within existing marine protected areas, which was recommendation 13 of the report, and we will consider designating HPMAs outside the current MPA network to ensure that we can maximise nature recovery. Existing governance structures of ALBs were beyond the scope of the Government’s response to this review.
I note that the noble Baroness, Lady Jones, also asked about joined-up thinking, which I know has concerned a number of noble Lords throughout the passage of this Bill, the Agriculture Act and the Fisheries Act. A number of measures in all three Acts will have benefits for the marine environment. The Fisheries Act will benefit the environment, as will the Agriculture Act. They have all been put together at a policy level and have been thought about comprehensively.
Amendments 246, 247 and 251 aim to create highly protected marine areas. The Government have committed to designate HPMAs by the end of 2022, using the definition of the noble Lord, Lord Benyon, as set out in his review, which was carried out before he joined the Government Front Bench. The Government will work with their arm’s-length bodies and stakeholders to identify a list of potential pilot sites for highly protected marine areas. On 5 July, we published the ecological criteria that we will use to identify highly protected marine areas and we will create a list of potential sites this year. We plan to designate pilot sites in 2022 as marine conservation zones, with higher levels of protection than existing zones, using powers under the Marine and Coastal Access Act 2009.
I note that the noble Baroness, Lady Boycott, had a number of concerns about controlling harmful marine activities. Introduced under the Marine and Coastal Access Act, marine licensing is a process by which those seeking to undertake certain activities are required to apply for a licence. The requirement for a licence extends across much of our territorial seas, including the foreshore, and covers a diverse range of activities, from depositing a marker on the seabed through to large-scale developments. Authorisation or enforcement decisions must be taken in accordance with the appropriate marine plans.
In answer to the noble Baroness’s other question about drilling for oil and gas and refusal of future licences, I refer her to the Ten Point Plan and to the energy White Paper, which address her questions on oil and gas exploration. The Government have had to tread a careful dividing line and balance between keeping energy costs as low as we can while fulfilling our commitments to the net-zero target.
I assure the noble Lord that the requirements of the amendments are already covered, as the Government have committed to identifying potential sites this year and pilot sites designated as marine conservation zones in England will be covered by the protected site strategy clause. I thank the noble Lord for raising this important issue, which I know is close to his heart, and I hope that he is reassured by the Government’s commitments in this area. I ask him to withdraw his amendment.
My Lords, I understand that the noble Lord, Lord Teverson, would like to ask a question of the Minister before he decides how to dispose of his amendment.
My Lords, I will sum up in just a moment but I have a question for the Minister. I am very disappointed by her reply. It seems to fly in the face of what nature recovery networks are all about. However, I will come on to that later.
The Minister said that local authorities are not competent to deal with these issues—for example, the six-mile limit. However, she mentioned in particular IFCAs, which are the inshore fisheries and conservation authorities. They are nominated partly by the Marine Management Organisation—I agree with that—but appointments to them are also hugely influenced by local authorities. Local authorities are already hugely engaged in the first six-mile limits; they already have duties in that area. When it comes to the Marine Management Organisation and its licensing, which is within that same area as well, it has to talk to a number of statutory organisations before it can make decisions—for example, Natural England and the Environment Agency—and it has a concordat with local authorities to discuss those developments with them as well. Local authorities are already hugely involved in that area. Why not make it so that there is some structure to that within at least the six-mile limit, so that those decisions become coherent and make more sense—they are also probably more quickly made by the Marine Management Organisation and IFCAs—and so that the whole system becomes better and more efficient, and works for the environment as well? That is my question to the Minister.
(4 years ago)
Lords ChamberMy Lords, there has been much debate on the challenges posed by devolution in previous stages of the Bill, and the amendments made for the devolved Administrations in the other place demonstrate opportunities that will be open to us in the future to work positively across the four nations of the UK. I acknowledge the concerns of the noble Baroness, Lady Jones of Whitchurch, but genuinely feel that this was a timing issue. As the Fisheries Bill was introduced in this House, it gave us more time to introduce them at this stage, when it came back to us, once conversations had concluded and after it became clear that there would be no time for the devolved Administrations to pass their own legislation, and we would therefore be in a position to do so on their behalf.
I am grateful for the comments from the noble Baroness, Lady Bakewell of Hardington Mandeville, and for her support. I am particularly grateful for her comments on Amendment 39. The whole intention of extending this list is for us to preserve stocks from an extensive list of species. I am glad that, through constructive and collaborative working with the devolved Administrations, we have been able to deliver a Bill that is truly for the whole UK. I beg to move.
My Lords, I have received a request to ask a short question of elucidation from the noble Lord, Lord Adonis. Lord Adonis?
I have to inform the House that the noble Lord, Lord Adonis, is proposing to speak in Grand Committee and his request has arrived, somewhat erratically, at the wrong Chamber.
(4 years ago)
Lords ChamberMy Lords, I appreciate the comments made in the debate and I appreciate that these amendments seek to correct, improve and debate the issue. Indeed, that is the role of this Committee. Given that, I take issue with the last point made by the noble Lord, Lord Fox.
Amendments 115 and 131 would bring in fundamental changes to the statutory basis for the Office for the Internal Market. They propose making the office a separate, standalone public body, thereby removing its Crown status. The noble Lord, Lord Stevenson of Balmacara, suggested that the new OIM should use Ofcom or the National Audit Office as a model. This would fundamentally change the nature of the OIM. It would change its funding model and would ask it to operate like a regulator, although it is not intended to act as one.
It has already been explained that the Government have concluded that the CMA is best suited to house the Office for the Internal Market to perform these functions, and the reasons were set out in the Government’s consultation response. I will again emphasise the key points. The CMA has built up a wealth of expertise and experience that makes it a natural fit to take on these additional functions. It has a global reputation for promoting competition for the benefit of consumers and for ensuring that markets work well for consumers, businesses and the economy. We will come on to discuss the concerns of the noble Baroness, Lady Hayter, about the interests of consumers being reflected in the OIM.
The Office for the Internal Market will build on the CMA’s existing technical and economic expertise which will now support the further development of the UK internal market. My noble friend Lady McIntosh asked how we can guarantee the independence of the OIM and ensure that we carry the devolved nations with us. The OIM will be independent and will operate at arm’s length from the Government and the devolved Administrations. It will not be an enforcement body and it will not be able to override the decisions of any of the Administrations. As noble Lords will know, the Government are continuing their engagement with the devolved Administrations as the functions are developed further.
In the last group, the noble Lord, Lord Purvis, asked what the incentives are for the devolved Administrations to use the OIM. All of the devolved Administrations have an interest in the smooth functioning of the internal market and the development of effective regulation to support it. The Government are confident that all the Administrations and legislatures will value the expertise and advice of the OIM and the authority of the evidence base that it will build up.
The noble Baroness, Lady Jones, asked whether the OIM will give advice on the decisions made by the devolved authorities. I assure the noble Baroness that the non-binding advice of the OIM will provide a complementary and expert resource to help facilitate better regulation and, should it be requested, this will include regulation developed by the devolved Administrations as well as by the UK Government. The OIM will be independent and will operate at arm’s length from the Government and the devolved Administrations. As I have said, it will not be an enforcement body and it will not be able to override the decisions of any of the Administrations.
An earlier grouping addressed the involvement of the devolved Administrations in the panel membership of the office. I will therefore say briefly that the direct devolved Administration appointments to the panel of the OIM would risk its effective and independent operation. Appointments to the body will be made by open and fair competition and the chair through the robust procedures of the Public Appointments Commission and the Cabinet Office, which operates across the jurisdictions of all of the devolved Administrations.
I turn to UK subsidy control. Clause 50 reserves to the UK the exclusive ability to legislate for a UK subsidy control regime in the future. It is an issue of national economic importance as it is essential to supporting the smooth functioning of the UK’s internal market. We will debate the detail of subsidy control reservation in a later grouping, but I will cover it briefly now. On 9 September, the Government published a statement regarding the future of subsidy control. In that statement, we committed to publishing guidance on the international commitments that will apply to the UK on 1 January 2021, before the end of the year. This will cover World Trade Organization rules on subsidies and any commitments we have made in free trade agreements.
We also set out our intention to publish a consultation in the coming months on whether we should go further than our WTO and international commitments. This will include consulting on whether any further legislation should be put in place. The amendment would create uncertainty and fundamentally undermine the future consultation which will be the mechanism through which decisions regarding future regulations for UK subsidy controls will be made.
In addition, it should be noted that the function of the office for the internal market will be to provide non-binding technical advice, monitoring and reporting on the health of the internal market. It is not the Government’s intention to give it a range of enforcement and regulatory powers, which the proposed new schedule would do in respect of UK subsidy control.
My noble friend Lord True said on an earlier group of amendments said that, in line with GDPR, not all respondents had consented to sharing their views, so publishing only a subset of the consultation would not offer an accurate enough reflection.
For the reasons set out now and earlier, I am not able to accept this amendment. I hope that the noble Lord will therefore withdraw it.
My Lords, I have had no request to speak after the Minister, so I call the noble Lord, Lord Stevenson of Balmacara.