United Kingdom Internal Market Act 2020 (Exclusions from Market Access Principles: Single-Use Plastics) Regulations 2022

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Goldsmith of Richmond Park

Monday 18th July 2022 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist]

That the draft Regulations laid before the House on 9 June be approved. Considered in Grand Committee on 12 July. Relevant document: 5th Report from the Secondary Legislation Scrutiny Committee

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, on behalf of my noble friend Lord Goldsmith of Richmond Park, I beg to move the Motion standing in his name on the Order Paper.

United Kingdom Internal Market Act 2020 (Exclusions from Market Access Principles: Single-Use Plastics) Regulations 2022

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Goldsmith of Richmond Park

Tuesday 12th July 2022 Grand Committee

[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords for their contributions to this debate. Although the instrument that we are discussing is fairly narrow, the topics covered have been very broad, and rightly so. Pollution does not recognise borders, and co-operation between the four nations is key.

There was some criticism that the SI does not go far enough. I would make the point that it is specifically focused on the Scottish regulations; that is its purpose. A broader, very valid question was raised about whether the policy package on plastic itself goes far enough. I do not think that is directly relevant to this SI, which does a particular job. I think most people have agreed in their speeches that the job is necessary and that this needs to happen.

Before I come to that broader question, I will try to address a few specifics. The noble and learned Lord, Lord Hope, made the point that Scotland is in many ways leading the way on plastic pollution. Although I do not think it goes nearly far enough, it is leading the way among the four nations and it can be proud of the trail that it is blazing. However, we work incredibly closely across the four nations on these issues. Maybe every now and again there is a bit of competition, but that is a good thing as long as the competition is upwards, not downwards, which is always a risk in politics, as we have seen today in some of the interventions that have been made by potential leaders of the Conservative Party. I will come to that point too in a few moments.

I will rise to the challenge from the noble Lord, Lord Jones, who asked me the Minister’s name, which is, of course, Lesley Griffiths. However, we have our own Welsh Minister in the environment department, Victoria Prentis. I think she is Welsh.

[Baroness Bloomfield of Hinton Waldrist (Con)]

Yes, from the Gower.

[Lord Goldsmith of Richmond Park (Con)]

Very good, thank you. She works very closely on the issue we are discussing. I am merely her mouthpiece in this Room, because the domestic part of this is not directly part of my remit.

The noble Baroness, Lady McIntosh, asked about wet wipes, and she could have named any number of other products that have come under the spotlight. This goes to the broader question from the noble Lord, Lord Teverson, and the noble Baroness, Lady Jones, about whether the policy goes far enough. I can tell the noble Baroness, Lady McIntosh, that there was a call for evidence in relation to wet wipes and we are analysing its results. It seems inconceivable to me that at the end of this process we would not take the view that the noble Baroness and pretty much everyone who has spoken has taken on the issue of plastic waste over the few years that I have been here debating these issues. We recognise that this is a very serious environmental problem that needs to be resolved and can be resolved only as a consequence of government intervention. That is true in relation to a lot of other single-use plastic items.

The frustration that I have felt many times in exchanges with the noble Baroness, Lady Jones, on the piecemeal approach is one that a number of my colleagues share. It is necessary for us to go through a certain process; you cannot just, at the stroke of a pen, destroy a particular business model by banning something that is key to it. However, we do need to get to a point where we are simply not using, and where it is not permissible to use, single-use plastics when alternatives are there. There will be medical exemptions and certain other uses where single-use plastics are unavoidable, but as a rule it should be our intention to move as quickly as possible to the wholesale removal of avoidable single-use plastics. There are countries around the world—including Rwanda, which has been in the news a lot recently—which are ahead of us in relation to adopting a more comprehensive approach to tackling single-use plastics. The UK has done a lot of the running on this internationally, but we have a long way to go.

In answer to the noble Baroness’s specific question, yes, we would need separate SIs for additional bans that come after the bans that have already been announced, but I hope that we would be able to cluster as much as possible to avoid endless debates about specific things and, instead, to get on and really take a bite out of this problem in the limited time we have in Parliament. I very much share her concern about that, but this is not a consequence of reluctance on the part of Defra. I hope she understands that.

At both ministerial and official level, this is something that we are very keen to do, not least because getting our own house in order allows us to have a bigger voice internationally, as UK negotiators. I would like to take the credit as a Minister, but it is UK negotiators, who are always nameless in these things, who are responsible, more than those of any other country, for negotiating an agreement at UNEA for a global treaty on plastic pollution. They worked 24 hours a day. I spoke to the negotiators from many other countries who made a point of thanking me for the UK’s contribution. I cannot name them—you are not meant to do that; it breaks protocol—but it was UK negotiators who did that and we are now part of the process of pushing for the highest possible ambition.

If noble Lords do not mind, I shall branch out a little to address the questions on leadership, because this matters so much. The noble Lord, Lord Teverson, the noble Baroness, Lady Jones, and others expressed concerns about where we are going. I share those concerns and have expressed them, probably a little too noisily, in recent days. My appeal to anyone who might happen to be listening to this debate and to friends at the other end of the building is that we should not be focusing just on net zero.

There is so much focus on whether candidates are saying the right stuff on net zero, but it is a bit of a red herring. That is not because climate change is not an issue—clearly, that is not my view—but because we are already seeing the wheels spinning in terms of market action driving us towards a low-carbon future. We know that more money is flowing into clean energy today than into fossil fuels; that has been true for about six years. We know that the market has made that decision and that it is miles ahead of the politics. The United States under Donald Trump poured billions into trying to keep coal use going, but it fell faster on his watch than under President Obama, who was very keen to see the back of coal.

It is almost irrelevant what the next leader does in relation to net zero over the next 18 months. We have a law. Parliament is not going to delegislate net zero; we all know that. It is simply not going to happen. It will remain our law until the next election. Were a party to enter that election promising to scrap the net-zero laws, that party would not and should not be elected. I do not think anyone would argue with that. The risks around net zero have been massively exaggerated by commentators. The real risk—it is huge—relates to the natural environment. There is no momentum behind protecting the natural environment. There is no market driving the reparation, restoration and protection of nature. That will happen only if Governments intervene; there is no other dynamic there. Yes, communities around the world are fighting to protect their environments, often against evil forces, but the pressure is one way and it is not the right way. Unless Governments write the rules and intervene, we will see absolute devastation.

To those who are tempted to see these as peripheral issues—as I know that some people in politics, perhaps including even some who are standing to be leader of the Conservative Party, do—I say that that is an absurd proposition. I have just come back from the Congo Basin. Science does not really know the value of the Congo Basin. We know some of the value—we know about its biodiversity, its carbon storage and all that kind of stuff—but we also know that it provides rainfall for most of the continent of Africa. We do not know exactly how much but we know it is pretty blooming important in terms of rainfall. Wipe out the Congo Basin—this peripheral thing, according to some of my colleagues—and you lose rainfall across the entire continent of Africa, or at least a very large proportion of it; you have hunger on a scale never seen before; you have a humanitarian crisis that we simply could not deal with in Europe. Look at the problems we have with a few regional areas sending their refugees our way—this would be on a scale the likes of which we have never seen before.

Look at the ocean: 250 million families depend on fish for their survival. What happens if we continue to deplete the world’s oceans in the way that we will if we do not see Governments intervening? We will have 250 million destitute families; we will have 1 billion people losing the fish on which they depend for their sustenance. These are really not peripheral issues. They are absolutely central.

Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Goldsmith of Richmond Park

Tuesday 19th October 2021 Grand Committee

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I thank noble Lords who have contributed to this debate. If nothing else, it has highlighted the complexity of the water industry and the legislation which governs it.

My noble friend Lady McIntosh takes a very keen interest in this issue, as I have discovered since taking part in these debates. The right to connect is an issue that she has raised before and which has been discussed at length in connection with the concerns raised during the passage of the Environment Bill over storm overflows, in particular the right to connect surface water drains to foul sewers. This is outside the remit of developer services and these regulations, which concern only the construction of new sewers and the connecting of new homes to wastewater sewer services. However, in providing developer services, water companies will often proactively discuss with the developer how they will drain their sites, suggesting ways to avoid connecting surface water drains to foul sewers.

The issue of possible failure is being considered as part of the post-implementation review, and Defra is reviewing SuDS as part of our review of Schedule 3. My noble friend raised the issue of retailer involvement. Some retailers have been involved with the new connections but mainly with retail developments. Most retailers are referring developers to water companies.

The noble Baroness, Lady Bakewell, raised issues around network capacity. Amending the duties to reference capacity would effectively be a new duty on water companies and would therefore also be out of the scope of these regulations. Also, reapplying Section 98 would also reapply Sections 99 and 100, which concern the financial arrangements regarding any new public sewer. Section 100(4) enables the water company to include in the costs charged to the developer the costs reasonably incurred in providing new public sewers and any reasonable proportion of costs incurred to provide additional capacity in existing sewers that have been constructed in the previous 12 years.

My noble friend also raised the issue of drainage and sewerage plans. Plans are currently being produced now for drainage and sewerage management. Draft plans will be consulted on in April next year, and these are currently non-statutory. My noble friend asked whether the Consumer Council has responded to the consultation. The answer is yes. We also spoke at length with Water UK, which agreed with the changes.

Many of the hugely important issues raised by the noble Baroness, Lady Jones, were debated during the passage of the Environment Bill. She raised the case of Southern Water, whose pollution of our waterways has been met with a reaction from the courts, leading to fines and so on. The regulatory regime that governs water companies and the pollution of waters and rivers is an issue that has been raised effectively by my noble friend the Duke of Wellington through various amendments. There is no doubt that the water companies will have to step up and that Defra will have to take a more robust approach to dealing with them. I do not think that anyone in the country regards the pouring of raw sewage into our waterways as a routine matter, as opposed to an emergency situation for the prevention of deaths. It is not acceptable, and that is our view in Defra.

We have been working closely, and discussions will continue, with my noble friend the Duke of Westminster —the Duke of Wellington. I can only apologise to my noble friend, for the fourth time; it is becoming a tick that I cannot rid myself of. Someone is playing games with me.

[Baroness Bloomfield of Hinton Waldrist (Con)]

Not me.

[Lord Goldsmith of Richmond Park (Con)]

It is my noble friend Lady Bloomfield.

I look forward to meeting my noble friend the Duke of Wellington shortly to discuss progress on some of the issues that he raised.

The noble Baroness, Lady Jones, raised the devolved nations. Scotland has its own process; Wales does not have a retail system in place. We are exploring the Scottish process with it, as part of the post-implementation review.

The noble Baroness also raised the issue of water companies providing the developer services. Water companies have provided services, in discussions with developers, and ensure that discussions about connections to sewers and SUDS provision occur to reduce surface water being sent to public sewers.

I think that I have answered the questions that were raised, so I will close there. All the changes introduced by this instrument, as the noble Baroness, Lady Jones, noted, are technical, operability amendments required to ensure that we are able to continue to operate the regulations and the retail market appropriately. They make no changes to water retail policy for developer services; they just enable us to refine our legislative approach to how we deliver them. I therefore commend the draft regulations to the House.

Environment Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Goldsmith of Richmond Park

Report stage
Monday 13th September 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

Tackling storm overflows in England is a government priority, and the Government are acting decisively through this Bill. I am grateful to the noble Duke, the Duke of Wellington, my noble friend Lady Altmann and many others for the pressure that they have exerted on the issue of storm overflows. These new government amendments, which the Rivers Trust has welcomed as a

“significant victory for river health and ... river users”

are a credit to their work.

I am pleased to bring forward government Amendments, 61, 62 and 63, to add further duties on water companies and the Government. This strengthens the package of government amendments brought forward on this issue in Committee. In response to the noble Lord, Lord Wigley, we have secured the agreement of the Welsh Government to these amendments.

Amendments 61 and 62 are designed to increase the accountability on water companies and to provide greater transparency for the public on the frequency and impact of storm overflows. Companies will be required to report on storm overflows in near real time, meaning within an hour of them occurring, in a way that is easy for the public to access and understand. They will be required to monitor continuously the water quality upstream and downstream of both storm overflows and sewage treatment works. This will give regulators and the public crucial indicators of the health of our waters, including dissolved oxygen, ammonia, temperature and pH values, and turbidity. The information obtained from these two duties, along with the annual reporting required by the amendment that I introduced in Committee, will finally require full transparency from water companies about their impact on our waters. We have made this expectation clear in our draft strategic policy statement to Ofwat. For the first time, the Government will be telling the industry’s economic regulator that we expect water companies to take steps to “significantly reduce storm overflows”. Therefore, with respect to the noble Duke, the Duke of Westminster—

[Baroness Bloomfield of Hinton Waldrist (Con)]

Wellington.

[Lord Goldsmith of Richmond Park (Con)]

What did I say?

[Baroness Bloomfield of Hinton Waldrist (Con)]

Westminster.

[Lord Goldsmith of Richmond Park (Con)]

I am so sorry—Westminster, Wellington. I meant the noble Duke, the Duke of Wellington. My apologies; it has been a long session.

With respect to the noble Duke, it is not right to say that the Government are reluctant to influence investment decisions of the water companies. That is exactly what we are doing. We will also make it clear in the guidance that we will shortly be giving to water companies regarding the preparation of their drainage and sewerage management plans. These are a statutory requirement under the Bill and we expect them to include considered actions for reducing storm overflows and their harm. I am confident that this action, driven by the Bill, is the right approach. However, as I said in Committee, if those plans are not sufficiently ambitious, the Government will not hesitate to use our direction-making power under Clause 79 to require them to take more action. This is a direct power over the water companies and, as I said, we will not hesitate to use it.

Very briefly, in response to the comments from the noble Duke, the Duke of Wellington, he is right in what he says, but the operation of overflows during emergencies is covered separately through permits for emergency overflows or through defences under the environmental permitting regulations—so, for example, to avoid damage to human health or even human life. It is extremely rare and covers events such as asset failure.

None the less, I know that the noble Lord and many others are keen to see a road map towards the complete elimination of storm overflows, as am I and my colleagues in Defra. I want to be clear that in the government plan, we will absolutely commit to pushing as far as it is possible to go. The reality is that, as our actions to considerably reduce overflows are successful, the remaining overflows are likely to be much more challenging to resolve and may therefore involve greater costs, with marginal, slight benefits. That is why the initial assessments suggest that elimination could cost more than £150 billion, which we foresee would likely mean increased customer bills and trade-offs against other water industry priorities.

We need better evidence to be certain of that—a point made by the noble Duke, the Duke of Wellington. To this end, Amendment 63 requires the Government to investigate and map out the actions needed to eliminate storm overflows and to report to Parliament, before 1 September next year, on how elimination could be achieved and the corresponding benefits and costs. The point about the report is that it will provide the public, Parliament and the water industry with up-front, clear and comprehensive information on the feasibility and cost of elimination. It will tell us what we can do. Between that government plan on storm overflows and the new elimination report, we will set out transparently and precisely how far we can then go. I assure the noble Baroness, Lady Brown, that this issue is taken extremely seriously by all my colleagues in Defra. Whatever the outcome of that report, it will inform our next steps and the commitments we make.

In the meantime, in addition to the action I have already set out, I am pleased to confirm today that the Government will undertake a review of the case for implementing Schedule 3 to the Flood and Water Management Act 2010 in England. This schedule would set mandatory build standards for sustainable drainage schemes—or SUDS—on new developments. We agree with noble Lords and others about the importance of using SUDS to reduce rainwater going into sewers, which in turn reduces the frequency of storm overflows, as well as providing multifunctional benefits for reducing flood risk and enhancing nature. Schedule 3 would allow us to do this, but we need first to ensure that it is still fit for purpose.

Commencing in October this year, Defra officials will work closely with MHCLG, local planning authorities, developers and SUDS experts as we assess the current situation with regard to the construction of SUDS and the potential for the schedule to improve this, as well as implementation options and the benefits and costs of those options. This information will also feed into the development of the Government’s plan on storm overflows, on which we will also consult in spring next year. The Government believe that this is the appropriate and best approach towards reducing the volume of rainwater entering combined sewerage systems, which is rightly a concern of both Amendment 59 in the name of the noble Duke, the Duke of Wellington, and Amendment 82 in the name of the noble Lord, Lord Dannatt.

Regarding Amendment 82 specifically, I am grateful to the noble Lord and to the noble Baroness, Lady McIntosh, for conveying his message to us and for taking the time to meet me recently on this issue. The importance of sustainable drainage for managing surface water on new developments is made clear in planning policy. A hierarchy for the management of surface water on new developments is also included in the building regulations of 2010, and Schedule 3, once we have reviewed the case for its implementation, would make the connection of surface water to foul sewer conditional on local planning approval of the developer’s proposed SUDS. The noble Baroness asked why we need another review. I simply say that the Government have to understand the possible options, benefits and costs for implementing any policy and legislation. While there is a wide range of evidence on the issue of Schedule 3, since 2010 there have been a lot of changes in the planning systems and advancements in SUDS technology. The review will enable us to understand the current landscape and the issues properly and to make an up-to-date and informed decision on implementation.

In response to the noble Baroness’s questions on SUDS maintenance, Schedule 3 sets out that the maintenance body is a SUDS approval body as part of a local planning authority. The review will consider whether this continues to be the most appropriate and the right approach, as well as looking at other options.

Environment Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Goldsmith of Richmond Park

Committee stage
Wednesday 7th July 2021 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, it is clear that we cannot finish the whole group this evening, so I beg to move that the debate on these amendments is adjourned.

[Lord Goldsmith of Richmond Park (Con)]

I am happy to go on. I only have a short speech, beginning with Amendment 212 from the noble Lord, Lord Oates. I start by reiterating that local authorities are vital in protecting biodiversity and improving nature at a local level, so I sympathise with the noble Lord’s intention. However, powers already exist that could be used to conserve and enhance biodiversity on specific sites.

National planning policy already directs local plans to identify and map areas of substantive nature conservation value. They should include policies that secure the protection of these areas from harm or loss and help to enhance them and their connection to wider ecological networks. Local authorities can create local nature reserves under Section 21 of the National Parks and Access to the Countryside Act 1949, designating these sites based on local importance for wildlife. In addition, the Bill already allows for a local authority to enter into a conservation covenant. I therefore assure the noble Lord that powers suggested by this amendment are already covered elsewhere.

I turn to Amendments 270, 273 and 275, also in the name of the noble Lord, Lord Oates. A principle underpinning the Government’s proposal for conservation covenants, which we will be debating in more detail later, is their voluntary nature. There is no compulsion on anyone or any organisation to enter into them. It is important that this principle extends to organisations that may become responsible bodies. That is because the role of responsible bodies, which will be integral to the delivery of covenants, requires a good level of resourcing and expertise to be performed properly. Organisations must decide for themselves if they have the capacity to perform the function of a responsible body. It is also possible that some local authorities may not wish to become designated as responsible bodies. If local authorities choose to apply, like other organisations they will be assessed against our published suitable criteria and designated where they are considered suitable to fulfil the role.

Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Goldsmith of Richmond Park

Tuesday 10th November 2020 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist]

That the draft Regulations laid before the House on 8 and 12 October be approved.

Relevant documents: 31st and 32nd Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 3 November.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, on behalf of my noble friend Lord Goldsmith of Richmond Park, and with the leave of the House, I beg to move the three Motions standing in his name on the Order Paper en bloc.