Heat Networks (Market Framework) (Great Britain) Regulations 2025

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Whitty

Monday 3rd February 2025 Grand Committee

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, these regulations represent a pivotal step in securing the long-term sustainability of heat networks across Great Britain. Heat networks are central to the UK’s decarbonisation strategy, particularly in densely populated areas, and are projected to supply 18% of the nation’s heat demand by 2050. Presently, more than 500,000 households and businesses are already connected to these networks, which, as the noble Earl, Lord Russell, rightly observed, historically have operated without formal regulation.

The previous Conservative Government made notable progress in modernising this sector, investing £32 million through the heat network efficiency scheme. This funding allowed network operators to replace outdated and inefficient equipment, resulting in improved reliability and more efficient heating for consumers. Heat networks are expected to play a crucial role in reducing carbon emissions, particularly in areas where individual heating solutions are less feasible, such as, as the Minister suggested, dense urban environments.

The measures in the SI seek to establish a structure of regulation for the heat networks market designed to ensure that heat networks operate in a way that benefits the consumer. The key provisions include: the licensing of heat suppliers; stronger consumer protections; regulatory oversight from Ofgem; and performance reviews on data and reporting. Additionally, the regulations will encourage market development to foster innovation, competition and the integration of renewable energy solutions, which will be essential for meeting the UK’s climate goals. These provisions are designed to create a fairer, more transparent and consumer-friendly heat network sector, while supporting the transition to clean energy, making it a central pillar in the Government’s wider decarbonisation agenda.

Notwithstanding the comments made by the noble Earl, Lord Russell, about the lack of regulation in this market, Energy UK has acknowledged that the current level of regulation is lighter than that for gas and electricity, which is understandable given the market’s current stage and variability. However, it also recognised the need for regulation to become more robust as the market matures. While the measures to encourage investment in the sector are welcomed, Energy UK advocates for further efforts to promote wider connections to heat networks and enhance investment, particularly in underserved areas.

Despite the positive progress these regulations represent, several challenges remain. On consumer protection, how can we ensure that vulnerable consumers are adequately safeguarded and fully informed of their rights? Regarding investment and market growth, what additional steps can be taken to incentivise further investment in heat networks and ensure that the sector remains competitive? Could we see measures such as tax incentives or grants for businesses in local authorities looking to develop new networks or to expand existing ones? As the market evolves, how do we maintain the right balance between regulation and innovation—fostering growth without stifling creativity and new ideas? It is essential that these regulations allow space for technological breakthroughs and market experimentation. Finally, given that heat networks often operate as local monopolies, how can we ensure fair competition and prevent consumers being locked into poor-value contracts? The introduction of transparency measures, dispute resolution mechanisms and regulatory enforcement will be essential in addressing these concerns.

In conclusion, these regulations are a vital step in creating a fair, efficient and sustainable heat network market. They aim to protect consumers, encourage investment and support our climate objectives. As we move forward, we must ensure that these regulations continue to adapt to meet the evolving needs of the sector. To that end, ongoing consultation with stakeholders, consumers and innovators will be critical to ensuring that the heat network market thrives, while the interests of the public are protected.

I end with a plea to the Minister to keep a watchful eye on Ofgem, which has seen its workload increase exponentially over the last few years. I hope that his department continues to monitor Ofgem’s increasing responsibilities and to ensure that its resources are increased to match.

[Lord Whitty (Lab)]

My Lords, could I ask the Minister one question? I apologise to him: I realised this was being done today only about 20 minutes ago.

A significant number of existing heat networks are run by local authorities or hived-off organisations owned by local authorities. The aim of this legislation, as far as consumers are concerned, I have strongly supported for a long time, including during the proceedings of the Energy Act. I am very much in favour of consumer protection and consumer redress as spelled out in part of these regulations, but I have been told elsewhere that those protections and certainly those forms of redress are different if they are for consumers of heat networks run by local authorities, compared with a private sector or mixed ownership of the heat network. I would like to know whether that is true in principle. If it is at all true, perhaps the Minister could write to me and explain what the situation is.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am most grateful to noble Lords who have taken part in this short but none the less interesting and, I think, important debate. As the noble Earl, Lord Russell, the noble Baroness, Lady Bloomfield, and my noble friend Lord Whitty have suggested, the development of heat networks is a very important one, and we want to see considerable progress over the next few years.

I also think it is important that the sector itself has broadly supported the regulatory proposals. I believe, and I think it was explicit in what the noble Baroness said, that that confidence will allow them to invest in the future and develop the market, which is what we earnestly hope for and wish to see.

In response to the noble Baroness, Lady Bloomfield, I accept that this is another responsibility that is being placed on Ofgem. I have had quite considerable experience in dealing with regulators in my time in government. I think Ofgem discharges its responsibilities very seriously, and I have confidence in its ability to discharge this new responsibility. In a sense, it is simply extending the principles of the current regulation of gas and electricity to network heating, so it is something I am confident it will be able to do.

In response to the noble Earl, Lord Russell, I make it clear that from April this year, heat network consumers will also be able to seek redress from the Energy Ombudsman scheme and, through Citizens Advice and Consumer Scotland, will have access to advice and advocacy services afforded to the gas and electricity markets. In answer to the noble Baroness, we think this will be particularly helpful to the vulnerable customers she mentioned.

The noble Earl asked me about retrospection. The new arrangements will not be able to be applied retrospectively. The fact he raised this shows why it is so important that we get a move on in introducing these new regulations, and how customers were at risk under the previous arrangements.

As far as fair competition is concerned, again, I very much accept that point. Indeed, this work arose from the Competition and Markets Authority, and Ofgem is well used to intervening in areas where it feels that competition is not being fairly adopted. I am confident that it can deal with that. The data gathered by Ofgem—and, of course, it will have this ability to require data to be provided to it—will enable it to identify emerging issues and trends and adapt regulation as the heat sector develops and grows. As I see it, regulation will be proportionate and organic, marching in step with the way the market itself develops.

I inform the Committee that we will be introducing further regulations this year: first, to introduce protections against insolvency and debt management; and, secondly, to create an entity to implement mandatory technical standards. Putting those together will provide the foundation for this market to grow in future. Market growth seems to me to be a fundamental question, so we are working to expand the existing heat network market through capital funding via the green heat network fund, which will establish heat network zones in key locations. This will allow heat network developers to deploy large-scale district heat networks in dense urban locations, where, as I have said already, they are best suited to provide low-carbon heat.

On support for smaller heat networks, my understanding is that, first, Ofgem will take a proportionate and outcomes-based approach to regulation, providing guidance and supporting small operations.

To come back to the legacy issue and add a bit more information, on legacy issues with existing heat networks, we will take action to guide heat networks through legacy challenges that they face with existing heat networks, with remedial works implemented over time. One advantage of giving authorisation to current schemes is that, once they have been given an authorisation, they then come under these regulations. In one way, if there are pre-existing issues, at some point they will be authorised, and then they can be dealt with under these regulations. So, in fact, although strictly speaking it cannot be retrospectively applied, I hope that that can bring comfort to customers who are really concerned about the situation as it is.

I understand also, in relation to vulnerable customers, that a priority services register will enable vulnerable consumers to access additional support relating to their heat network, including receiving communications in an accessible format, assistance reading their meters and the ability to nominate another person to act on their behalf when dealing with their heat provider.

In relation to the point raised about regulation and customer prices, Ofgem will have direct powers to intervene on prices with a general authorisation condition, to set prices fairly, with data-driven interventions proceeding from January 2026.

On the point raised by my noble friend Lord Whitty, first, I acknowledge the work of local authorities of in some ways even pioneering district heating systems. My noble friend may know that in the heart of the city of Birmingham we had a district heating system that ran right through the city centre, and we can see the potential area. I have also been informed about the South Westminster Area Network, which is being established through close working between Westminster Council and Westminster business improvement districts. That is a new approach to procurement; it took four months to bring forward a partner, which is much quicker than for many of the schemes and developments.

The point that my noble friend raised is a new one to me, and I hope that he does not mind me just checking it out and coming back to him on it. On the face of it, it seems puzzling, but I think that I need to find out some more information about it. But I take his point that we want local authorities to continue to take a lead in developing some of these network heating schemes and, clearly, the public must have confidence in how that is done.

Finally, the noble Earl, Lord Russell, asked me about Great British Energy. He will know that we believe that, in the development of local plans and the role of GBE in doing that, there is clearly potential to give encouragement to community energy schemes and network schemes. I cannot really say any more about that, but I shall draw those remarks to the attention of the start-up chair of Great British Energy.

Energy Bill [HL]

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Whitty

Report stage
Monday 17th April 2023 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, this group covers amendments tabled regarding support and protections for the most vulnerable energy consumers. First, I thank the noble Lords, Lord Whitty and Lord Teverson, and the noble Baroness, Lady Bennett of Manor Castle, for their amendment to introduce a social tariff for vulnerable energy customers.

I am all too aware of the context for the noble Lords’ amendments, as energy bills have dramatically increased for all households over the past 18 months. This, coupled with the wider cost of living, has put the budgets of vulnerable households under considerable pressure. Noble Lords will be aware that the Chancellor set out in the Autumn Statement that the Government would work with consumer groups and industry to explore the best approach for consumer protection from April 2024. He also said that the Government would assess options, including a social tariff. These discussions are already well under way and are ongoing.

As set out in Powering Up Britain: Energy Security Plan, the Government have committed to consult this summer on options to provide better targeted support for those who need it most. In addition, the Chancellor announced in the Spring Budget that the energy price guarantee will be extended at £2,500 for an additional three months to the end of June 2023. This is in addition to the expanded warm home discount scheme, which has been extended until 2026 and which provides £475 million in support per year in 2020 prices.

The amendments tabled by the noble Lord, Lord Teverson, and the noble Baroness, Lady Bennett of Manor Castle, relate to the smart prepayment meter rollout and the restriction of the use of prepayment meters. The Government want to see the highest possible levels of smart meter coverage across the country, including for prepayment. Energy suppliers are each being set annual minimum installation targets and large suppliers are required to publish their performance against those targets, broken down by credit and prepayment.

This amendment would go further, effectively mandating the replacement of legacy prepayment meters by the end of 2025. This would present significant logistical challenges, including the need for energy suppliers to obtain warrants to enter consumers’ homes. I think we can all agree that that would not be a satisfactory outcome. Prioritising the replacement of legacy prepayment meters may have the unintended consequence of creating disincentives for suppliers to install smart meters for vulnerable credit customers. Data from Ofgem indicates that around 70% of those with disabilities pay by direct debit and may therefore benefit from the automated readings which smart meters deliver.

I understand the sentiment that lies behind the noble Lord’s calls for measures aimed at ending self-disconnections, such as a social tariff. However, his amendment is not the way to achieve this. The best way is through the work under way to explore the best approach for consumer protection, which I outlined earlier.

Regarding the noble Lord’s second amendment, the Government agree that the recent findings in the Times in relation to customers of British Gas having prepayment meters forcibly installed were both shocking and unacceptable. It is critical that our most vulnerable energy users are protected, and that is why the Government acted quickly to tackle this issue of inappropriate prepayment meter use. The Secretary of State wrote to energy suppliers insisting they revise their practices and improve their action to support vulnerable households.

Following that, all domestic energy suppliers have agreed to cease the forced installation of prepayment meters, and the remote switching of smart meters to prepayment mode, while Ofgem and industry agree and implement a code of practice to improve consumer safeguards. Ofgem will then start a formal statutory consultation process to modify suppliers’ licence conditions in line with the code, which will allow Ofgem to use its full enforcement powers to enforce compliance with the code.

I am pleased that the Chancellor has acted through the Budget to remove the premium paid by prepayment meter customers. That will happen from July initially, through the energy price guarantee, with Ofgem bringing forward options for longer-term solutions to be implemented by April 2024.

Prepayment meters can continue to play an important role in the market. They are a useful tool for some customers to prevent debt building up, and a complete ban on prepayment meters would likely see a move to using debt enforcement via the courts and bailiffs, which is not a desirable outcome. However, it is important that the rules around their use are sufficient and properly enforced. That is why Ofgem is undertaking a review to consider how prepayment meters are handled across the market. The Government will continue to review progress to ensure that these processes lead to positive changes for vulnerable consumers.

Amendment 74 tabled by the noble Lord, Lord Whitty, relates to protecting heat network consumers. Robust consumer protection rules are of paramount importance, which is the primary reason that the Government are regulating the heat network sector. Schedule 16 provides for regulations to make the regulator’s principal objective to protect the interests of existing and future heat network consumers. That mirrors Ofgem’s principal objectives regarding existing and future gas and electricity consumers.

I would like to provide more detail on what that principal objective will mean in practice. It will ensure that the regulator prioritises enforcing rules that ensure that heat network consumers receive fair prices and reliable supplies of heat. The regulator will have powers to investigate and intervene where prices appear unfair or are significantly higher than comparable heating systems. The regulator will also introduce heat supply standards of performance, including adequate compensation for consumers who experience outages. That will ensure that heat network consumers receive comparable standards to gas and electricity consumers.

We are introducing these measures through secondary legislation and authorisation conditions, as with gas and electricity consumer protections, to ensure that rules can be updated more easily as the market matures and decarbonises. The Government will consult on the specific consumer standards that need to be met, and I encourage the noble Lord to consider that consultation once it is published later this year.

I hope that noble Lords are reassured by this explanation and feel able not to press their amendments.

[Lord Whitty (Lab)]

My Lords, I thank the noble Baroness for that considered reply and the recognition in her remarks that there is still a serious problem. She referred to Ofgem coming up with something in relation to the way in which prepayment meters operate. In this new era, with a new structure following the Bill, it would be useful if Ofgem and the Government looked at the totality of structures for all forms of supply of energy, and particularly at the impact on more vulnerable consumers—Ofgem would need to take the lead, I guess. I hope the issues that I raised on the structure of tariffs in relation to the priority service register and the impact on vulnerable consumers would be included. I am watching this space. The noble Baroness has moved some way towards recognising that there is an issue.

I refrained from commenting in detail on heat networks because my voice was going. There is a problem. I very much welcome the fact that this is one bit of consumer protection in the Bill; it has been extended to the users of district heating. District heating has been convenient and is usually quite cheap but is now faced with real problems. I hope that the consultation will cover it.

Retained EU Law (Revocation and Reform) Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Whitty

Committee stage
Thursday 23rd February 2023 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

I know that this is of concern to a number of Members in the Committee, but officials from the UK Government are working very closely with those from the devolved Governments in order to identify the REULs that cross over devolved competences. I know that there is a general concern within the devolved Governments that they simply do not have the manpower to look at all these EU laws themselves, so we are helping them in that process. That is an ongoing job of work being done from official to official.

[Lord Whitty (Lab)]

My Lords, the Minister has rather changed the rules on this. If the dashboard is almost complete and there is an intention to put something next to every thing on the dashboard—perhaps not using my noble friend Lady Young’s terminology but a slightly more bureaucratic one—we need to have that list before we move to any further stage of the Bill, otherwise we do not know what we are talking about. The noble Baroness has explained in relation to asbestos, rightly and thankfully, that those regulations will not be sunsetted. What happens to the other 4,700 regulations? We do not know. We need that list before we take any definitive decisions on the Bill. I hope that government Ministers and the business managers will go away and recognise that, and that we will not move until we know a lot more about where we are going.

[Baroness Bloomfield of Hinton Waldrist (Con)]

The dashboard is ongoing work. It does not put things into buckets, but just includes all the EU laws that are subject to review. That will be published but it will certainly not have the buckets that I think the noble Baroness, Lady Young, is asking for.

Subsidy Control Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Whitty

Committee stage
Wednesday 9th February 2022 Grand Committee

[Baroness Bloomfield of Hinton Waldrist (Con)]

It is the Government’s position that five-yearly reports are sufficiently frequent to take a view of how successful this is. They are the appropriate tool to conduct a review of the environment and energy principles. Clause 65 provides an achievable timescale for delivering complex and substantive analysis of this sort. To ask that we prepare something every year would be an unnecessary burden on the whole subsidy control regime and the structures we have put in place to support this.

The CMA will have the ability to gather all the information needed to conduct such an analysis for these five-yearly reports, through Clause 67. These are powers that the CMA will not have in relation to its annual reports. I therefore humbly request that the noble Baroness withdraw the amendment.

[Lord Whitty (Lab)]

The other day, we discussed the inclusion of agriculture in the Bill, but the Government have made it clear that, basically, the future of all agriculture subsidy will be environmental objectives. The Minister’s reply to my noble friend’s amendment suggests that she agrees that agriculture should not really be covered by this approach, or that it should at least be treated substantially differently. What she has said, effectively, is that we cannot judge the environmental side; we have to approach it in the same way as every other sector.

[Baroness Bloomfield of Hinton Waldrist (Con)]

On the specific point about agriculture, I do not know whether the letter addressing those points has been issued yet. I can say that 99.5% of subsidies given to the agriculture industry in the UK would not fall within the remit of the subsidy; they are lower. We do not have the data for Scotland or Wales, but it captures only the very largest subsidy given to the very largest farms. That may include some in Scotland with that sort of acreage—

Environment Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Whitty

Committee stage
Wednesday 14th July 2021 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

I am very happy to take both issues back to the department.

[Lord Whitty (Lab) [V]]

My Lords, I thank the Minister for that reply, which attempted to reassure me—I am not sure it did entirely. I also record my thanks to the noble Earl, Lord Dundee, the noble Baronesses, Lady Bakewell and Lady Bennett, and my noble friend Lady Hayman for their support for this amendment.

The Minister attempted to be reassuring, but the wording of Schedule 20, introduced by Clause 133, does not give the cast-iron guarantee that she appeared to be giving. I appreciate that there are other developments in this Bill and elsewhere which would restrict her or any future Minister’s freedom of manoeuvre in this area, but an explicit requirement to report to Parliament if they intend not to follow the EU level of protection is important. I do not think that the combination of Schedule 20 and the text of the Bill delivers that. I ask the Minister to get her officials to have another look at it, but if she were forthcoming with an alternative amendment herself I would certainly have a look at that.

Chemicals have been a great boon to mankind. The chemicals industry is one of our great successes in industrial life, but it has also been shown to be quite damaging in a number of serious respects. The misuse of chemicals, the wrong disposal of chemicals, the wrong combination of chemicals and the wrong application of chemicals to humans, products, the landscape and the environment have caused a large number of problems. It was therefore important that Europe, when we were members, developed an effective system of regulating chemicals; effectively, if there was no data indicating their safe use, they would not be given access to the market. That is the basis of REACH.

I was interested in the views of the noble Baroness, Lady Neville-Rolfe, and I know that she reflects serious concerns from parts of industry. On this one, I think she is slightly out of date. It was certainly true when REACH started to be established, from 2007 roughly, that there was considerable concern throughout the chemicals industry that the regulations and the data required would be too burdensome, prevent innovation and cause difficulties for the sector. That concern continued for a number of years, but two things have happened since.

First, public concern about the impact of chemicals on human health and the environment has seriously grown, and so likewise has the industry’s recognition that it needs a robust system of regulation to which it can be party. Secondly, the REACH system has bedded in across Europe. As I said in my speech, we must recognise that the European chemicals industry is pretty pan-national, in terms of both large companies and small companies with which they have a supply chain or a contractual arrangement, as well as importers and exporters. There is a lot that the industry has had to get used to, some of which it did not initially like, but it has now proved a rather more effective system of regulation than some others in the armoury of the European Commission, I would argue, and certainly much more accepted, both scientifically and by those who are concerned, and by the industry itself. It was therefore a bit of a surprise to hear the noble Baroness express such concerns—there may be some companies still upset by it, but in general it has been accepted.

I also think that the decision to duplicate on the same basis, in effect, as the European system has caused some frustration to industry but it is that duplication, rather than the essence of the European regulatory structure and regulatory process, that is causing any irritation now. That may also settle down. What I hope for in terms of those who are looking for protection from the impact of chemicals is that the HSE, Defra, the Environment Agency and everybody else who is involved in this area develop a speed of reaction that matches that of Europe. If they do that, then duplication ceases to be quite so important.

At the moment, that is not the case and we therefore potentially have three different sorts of divergence. We have a divergence because Europe has moved on but we have not got round to doing it—I call that divergence by default. We have divergence because the UK has decided explicitly that it wants a rather different system that would be less restrictive than Europe. We have divergence because the UK has decided that it wants better regulation. Both of those are possible under my amendment but they have to be explained to Parliament and justifiable in the terms of the original REACH proceeding. I do not think that the wording of Schedule 20 gives that degree of certainty. We need more clarity, not less. We need more understanding of what we are trying to protect in the chemicals regulation in terms of its impact on human health, animal health and welfare, wildlife and everything else this Bill is concerned with before we try to change the system significantly.

Therefore, this is an attempt to ensure that there is no regression, that any divergence is beneficial and that it is clearly explained to Parliament. I hope that the noble Baroness, Lady Neville-Rolfe, and others who might oppose this amendment recognise the importance of that. However, I take comfort from the support around the rest of the Committee for at least the principle of this amendment. In the meantime, I will withdraw it and we will, no doubt, come back to something like this on Report.

United Kingdom Internal Market Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Whitty

2nd reading & 2nd reading (Hansard): House of Lords
Monday 19th October 2020 Lords Chamber

[Lord Whitty (Lab) [V]]

My Lords, most contributions so far have related to Part 5 and the Government’s somewhat ham-fisted attempt to unilaterally disavow an undertaking made only a few months ago. I agree with those sentiments. and with the reports of the Constitution Committee and the EU Select Committee and the contributions by their chairs, the noble Baroness, Lady Taylor, and the noble Earl, Lord Kinnoull. I will also support the Motion in the name of the noble and learned Lord, Lord Judge, at the end of the debate.

However, this is quite a big Bill, and I want to talk about something else. Before doing so, I welcome my noble friend Lady Hayman to the Chamber. I commend her speech, including the importance that she stressed of environmental standards, which relate to this Bill as much as they do to much of the legislation we will face over the coming months.

I want to talk about state aid, which is in the Bill but is dealt with rather superficially. It needs to be clearer before the Bill finishes its passage through this House. In a sense, the noble Baroness, Lady Noakes, referred to this in her contribution. She and I were members of an EU Select Committee that produced a report on state aid about two years ago. We rarely agreed on anything fully, but we do agree on the importance of this issue.

At its most acute, the issue of state aid could be epitomised by the issue in Northern Ireland. As a result of the agreement and the way the Government are now pursuing the matter, through the Northern Ireland protocol Northern Ireland is to be part of the customs union and, to a large extent, the single market. So if the Stormont Government gave a subsidy or preferential public procurement arrangement to, say, a Northern Ireland textile company, the main exports of which are to the Republic, and if its Irish competitors objected, would EU state aid rules prevail or would the UK internal market rule prevail? It is clear that we need a UK state aid regime and it is fairly clear how that will relate to our international obligations under the WTO and, I hope, to future bilateral free trade agreements. But it is not at all clear how it will operate in relation to the internal market, which is the focus of the Bill. If that same Northern Irish company’s main export were to Scotland, what then would the arrangements be? If it were to England, would it be different again, because there would be an equivalent objection from England-based competitors?

The fact is that industrial, employment and consumer policy—all of which are relevant to state aid considerations —are differentially devolved between the three Administration and centralised in England but not in the UK. Of course, even in England there is the expected intention to devolve more industrial and employment policy to the English regions, so the question could, at some stage in the future, apply to Greater Manchester, which may have a different industrial and employment support system from that in the West Midlands. How does that play out in the new state aid framework?

The central question is whether there is yet a draft framework for all of this in relation to state aid, at least between the UK Government and the Scottish, Welsh and Northern Irish Governments. If not, what do the Government think it should look like and, above all, how should it be enforced? Is the office for the internal market, due to be established within the CMA, wholly a creature of the UK Government or will the devolved Administrations have a say in its governance and decision-making? During the EU regime, the Commission’s state aid arm had authority over member states, with prohibitions and fines at its disposal. That could be the case for the CMA.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I remind noble Lords of the speaking limit.

[Lord Whitty (Lab) [V]]

Before the passage of the Bill, we need to clarify these issues.

Agriculture Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Whitty

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist]

I acknowledge the noble Baroness’s comments and know that they come from a deep knowledge and understanding of the issues surrounding this sector. We have our own experts in the HSE who are undertaking ongoing research. I am aware of the settlement in the States relating to the use of glyphosates and its potential connection with non-Hodgkin lymphoma. Her concerns are being addressed in ongoing research programmes within government.

[Lord Whitty [V]]

My Lords, I am somewhat disappointed by the Minister’s reply. My amendment relates to several hundred thousand people in rural areas who are not protected by the present law. In so far as there are codes of practice, as referred to by the noble Lord, Lord Naseby, those have frequently been breached and, as far as I am aware, nobody is being prosecuted for it. We therefore need something in primary legislation to deal with the situation of residents.

Others are covered. Workers are clearly covered by the health and safety regulations, and, these days, most farm workers observe the need to protect themselves. That they have to, as I said earlier, indicates that there is a serious danger to human health from coming into contact with some of these chemicals.

That danger has been underlined for years. We had a royal commission 12 or 13 years ago which showed the dangers. We have had the chief scientific adviser to Defra report on the global use of chemicals and the dangers they present to human health. On the legal side, we have High Court judgments and United Nations reports. There is no need for any more proof that such chemicals are dangerous, particularly to those who are frequently exposed. Clearly, workers used to be frequently exposed before they adopted protective means and some, regrettably, still are, but the next group who are exposed, rural residents, are not so protected by the law. My amendment would reduce the exposure of rural residents. The noble Lord, Lord Greaves, in general supported this approach. He emphasised walkers, bystanders and visitors, but they are sort of protected by the health and safety legislation already because they would be on the premises of the user of those chemicals. People who are a few yards away from those premises are not so protected, yet medical records show that continuous exposure over several applications of spray has caused serious medical problems.

My amendment would protect a group which is not currently seriously protected by the present law or present practice. Clearly, there are different sorts of chemicals, and we are concerned particularly with those which are sprayed across large fields and affect those adjacent to them.

However, there is an overall problem in the use of pesticides in relation both to human health and to adverse effects on soil, water and air quality. We need a strategy. Amendment 226 would begin to give us a strategy, although, if we are to have a comprehensive strategy, we need clear targets for the elimination of chemical pesticides in as many areas as possible and for the development of alternatives.

Yes, there are serious possibilities for replacing these chemicals in the research labs and in industry. Serious strategies on the application of chemical pesticides, insecticides and fungicides are being adopted to limit the exposure to others, but there is no legal protection for those who are most frequently vulnerable to pesticide spray—that is, those who are right next to fields where it is being sprayed across the crops. This is a problem not only when the wind is blowing; the droplets stay in the air for some time, even when there is not a heavy wind. We have a sufficient history of medical problems to prove that those rural residents are seriously affected, but we do not have any serious legal protection for them. One simple way of doing it is in my amendment: to restrict the spraying of crops close by residential buildings and other public buildings.

I want to return to this. I am really sorry that the Government did not see this as a modest but important step for the protection of people whom, frankly, our law does not protect at present. I beg leave to withdraw the amendment and I will decide what to do at the next stage.