The Government does agree that the Vacancy Act is antiquated and not fit for purpose, and therefore we have committed to repealing it. We made that commitment during the passage of the Police, Crime, Sentencing and Courts Act. Our commitment to repealing it has always been dependent on introducing modern replacement legislation to ensure that police and other agencies continue to have the powers that they need to keep communities safe and protect vulnerable individuals. As usual, I cannot give specific date when we will bring the legislation in; all I can say, as usual, is that we will bring forward suitable replacement legislation in a future legislative vehicle.
My Lords, do the Government recognise that the cuts in funding for support to homeless people now mean that, since the 2010 level, 12,000 more people needing psychological support are in long-term homelessness, which is often due to adverse childhood experiences and their subsequent turning to alcohol, and that alcohol is now the cause of almost one in 10 of the deaths among the homeless? Without addressing those underlying psychological causes, the problems behind the homelessness of many people will never be addressed.
I can assure the noble Baroness that the homelessness strategy crosses all departments, including the Home Office, the Department for Work and Pensions, the Ministry of Justice, the Department of Health and Social Care, the Department for Education and the Ministry of Defence. My briefing from the DWP on this very point states that the local housing allowance policy is kept under regular review, we monitor average rents and a significant support package for renters was announced in the autumn Budget. We are doing everything we can to provide household support in order to help people navigate through this very difficult time.
(2 years, 8 months ago)
Grand CommitteeWe will also be introducing requirements for labelling construction products, to support regulatory activity. Once again, I thank the noble Baroness for raising this matter but, based on the explanation I have just provided, the Government will not be supporting the amendment.
Finally, on Amendment 117, tabled by the noble Baroness, Lady Finlay of Llandaff, I thank her for raising the important matter of carbon monoxide and the risk it poses. Carbon monoxide can be released from faulty or leaky boilers and chimneys. As the noble Baroness said, it is colourless, odourless and tasteless and can lead to life-changing injuries or death. It is indeed sometimes called the “silent killer”.
The Government take the risks and consequences of carbon monoxide poisoning very seriously and share a common goal with the noble Baroness of wanting to safeguard people from this deadly gas. She was right to stress the relationship between poverty, particularly fuel poverty, and the high incidence of harmful indoor air quality. However, the new clause is unnecessary. Legislation is already in place, as I will go on to explain, and we will bring forward new legislation and updates to guidance that will safeguard people from the harmful effects of carbon monoxide poisoning. We believe that, together, these measures will achieve the improvement in safety sought by this clause. The gas safety regulations require the safe installation, maintenance and use of gas systems, and they require landlords to carry out annual gas safety checks, which reduce the risks of carbon monoxide poisoning.
While carbon monoxide alarms are not a substitute for the proper installation, use and checks of combustion appliances, they are a useful additional precaution. Currently, our building regulations require appropriate provision for carbon monoxide detection and alarms when solid fuel appliances are installed in homes, irrespective of tenure. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 require carbon monoxide alarms in privately rented homes where there is a solid fuel appliance.
Recent evidence and analysis show that, although solid fuel appliances, such as wood-burning stoves, continue to be responsible for a disproportionate number of carbon monoxide incidents, the case to require alarms for combustion appliances using other fuels has grown. Therefore in 2020 we consulted on proposals to extend provisions for carbon monoxide alarms to be fitted when oil and gas-heating boilers are installed in all homes, irrespective of tenure, and to require that alarms are installed in any room used for habitation with a fixed combustion appliance, excluding gas cookers, in privately rented homes and social housing. These proposals received broad support and, in 2021, we announced that we will amend the regulations as soon as parliamentary time allows, with the changes coming into effect as soon as practicable. We will also update the statutory guidance on carbon monoxide alarms.
These new measures extend the use of carbon monoxide alarms to the extent that we consider appropriate, based on the current evidence available. The extended alarm measures are not limited to high-rise buildings and will apply to newly installed combustion appliances in homes irrespective of tenure and to all private and social landlords. While I appreciate the intention of the amendment, I hope I have reassured noble Lords that we have committed to extending the requirements and guidance around carbon monoxide alarms where appropriate to do so. I therefore ask the noble Baroness not to press the amendment.
Once again, I thank noble Lords for this debate, which has considered wider matters connected to safety, and I hope that, with the reassurances given, noble Lords will be content not to press their amendments.
May I ask why the Government have not extended the requirement to all new builds and to major refurbishments when they are bought by a company and subsequently sold, and why there is a resistance to insisting that alarms are installed in workplaces? More and more firms are now struggling with the cost of heating. They may be turning it down, and people in the workplace may, in wanting to keep warm, bring in heating devices from outside that should be used for camping and cooking outside, or whatever. With fuel poverty, the risk of carbon monoxide poisoning is going to rise.
Simply to put into regulation that alarms need to be installed seems a move that would not cost anything significant to the building trade, or anyone refurbishing buildings—but to leave it simply restricted to landlords and to rely on annual checks, when we know that they are not always done adequately, seems completely inappropriate and highly risky. The landlord has to check the appliance installed, but when people are in fuel poverty they often cannot afford to run that appliance as it should be used—and, as I said, they will do such things as use an oven with the door open to try to stay warm, and that will pour out carbon monoxide. The other problem with that is that the level of air in the room is exactly at the level of a toddler’s face, so children are more exposed than adults in such a situation. If an alarm was installed, it would go off irrespective of relying on a landlord.
The other problem is that a lot of people now in fuel poverty are not in rented accommodation. They have mortgage commitments which they are struggling to pay. They are suddenly finding that they are in a band of poverty that they never imagined they would be in when they took out a large loan to purchase their property, particularly with interest rates going up as well.
As I said in my speech, the extended alarm measures will apply to all newly installed combustion appliances in homes, irrespective of tenure, and to all private and social landlords. I should also add that we consulted in November 2020 on proposals to extend the requirements for carbon monoxide alarms to oil and gas heating installations and to social housing. The Government are yet to respond to this consultation, but we will do so in due course.
My Lords, I am sorry to interrupt. The Minister has had to leave to deal with a pressing personal matter. Can I ask for a five-minute adjournment?
My Lords, the Committee will adjourn for five minutes.
(3 years, 4 months ago)
Lords ChamberI am sorry, my briefing does not include that sort of detail. May I write to the noble Lord with an update on the maximum sustainable yields and how we are faring?
I call the noble Lord, Lord Teverson, and apologise again to him.
(3 years, 4 months ago)
Lords ChamberMy Lords, this debate was always going to raise great passions and I understand the different views on each side of the debate. I thank noble Lords for their contributions, and reassure the noble Baronesses, Lady Hayman of Ullock and Lady Jones of Whitchurch, that the Government agree that the operation of UK REACH should be transparent and accountable.
This is why under Clause 29(3) the OEP may give advice to a Minister on any proposed changes to environmental law, including any relevant amendments to the REACH regulation. This advice would be published and the OEP could comment if it thought the Government were seeking to inappropriately amend a protected provision. The Bill protects key provisions relating to the fundamental principles of REACH. I urge noble Lords to look at the very long list in Schedule 20 on page 250 of the Bill. I am sure they have done; this is explicitly outlined.
The Government will not change what REACH sets out to achieve, including a high level of protection of human health and the environment, which is set out in Article 1. Any breach of these provisions’ protected status could be subject to legal challenge, including by the OEP. In addition, any proposed amendment to the REACH regulation must be consulted on, ensuring transparency in the process. Therefore, the Government do not consider this amendment to be necessary.
I turn to Amendment 289, also tabled by the noble Baroness, Lady Jones of Whitchurch. I hope it reassures the noble Baroness to know that the aims of this amendment are already achieved in Article 117 of REACH, which sets up a rolling programme of reports. Although it is not a protected provision, it is part of UK REACH and it requires reports from the Health and Safety Executive and the Secretary of State in the operation of REACH every five years, starting in 2022 and 2023 respectively. The Health and Safety Executive must publish a report on the operation of UK REACH by April 2022. The Secretary of State must then publish a general report by April 2023. These duties then recur every five years. The Secretary of State’s report must cover the Health and Safety Executive, as the UK agency, and progress towards the development of alternative test methods, including funding provided for that purpose.
The noble Baroness, Lady Hayman, asked about the duplication of testing—as indeed did a number of noble Lords. The Government are very keen to avoid the need for duplication or repeats of animal tests carried out for the purposes of EU REACH. That is why we will recognise the validity of data generated by any animal testing already done. Industry and the Health and Safety Executive must follow the “last resort” principle, so any proposal to carry out an animal test must be given rigorous scrutiny before it goes ahead. Before developing a new alternative for testing for a particular hazard, it is necessary to see whether one is even feasible. An alternative then needs to be developed and scientifically validated. This is done through the OECD to encourage the widest adoption.
On the amendments tabled by the noble Baroness, Lady Bakewell of Hardington Mandeville, the Government share her aim of avoiding unnecessary animal testing, which is why we have enshrined the “last resort” principle as a protected provision in Schedule 20 to the Bill.
On Amendments 277 and 282 specifically, the concept of “read across” from one chemical to a similar one is already encouraged and widely practised in REACH, but it needs to be considered in each case whether it is appropriate and not applied in a blanket manner. For example, reading across from a less to a more dangerous chemical could result in risks to human health or the environment going unidentified. The Bill ensures that amendments to UK REACH are carefully considered through consultation, drawing on the scientific expertise in the Health and Safety Executive and acting with the consent of the devolved Administrations on devolved matters. The Government believe that we should follow those good practices right from the beginning.
On Amendment 281, the powers in Schedule 20 to the Bill to amend UK REACH would enable such targets to be built if that was felt to be appropriate. Any amendments would have to be consulted on and consistent with the aims and principles of UK REACH, as set out in Article 1. The Government consider that this would be the better route if we concluded that targets were desirable.
There is also an important practical issue. There is an accepted scientific process for developing new test methods. Before developing a new alternative for testing of a particular hazard, as I said, it is necessary to see whether one is even feasible. The alternative then needs to be developed and scientifically validated. This process is done through the OECD to encourage the widest adoption.
On Amendment 296, the Government agree that the HSE, as the UK REACH agency, must operate in a transparent manner, including on matters connected to animal welfare. That is why the general duty in Article 109 to adopt rules about transparency has been included among the protected provisions listed in this schedule. But the Government do not believe it would be appropriate to use the protected provisions to freeze the detailed processes that REACH lays down, such as the publication and consultation arrangements contained in Article 40(2).
Similarly, on Amendment 294, Article 13 already contains the powers we need to amend the REACH annexes to replace animal tests with alternatives where appropriate, and the Government do not think it would be sensible to freeze those processes by fixing them in primary legislation.
On Amendment 295, the Government agree with the aim that companies should share data on chemicals to avoid duplicate animal testing and to reduce costs. However, the articles affected by this amendment contain prescriptive detail, such as the speed at which companies should pass information to each other. Again, the Government believe we should continue to be flexible and not remove that possibility by including them as protected provisions.
Finally, regarding Amendment 297, while it may be appropriate to amend the REACH annexes in the future to follow evolving scientific consensus on animal testing, the power to amend them is already contained within REACH itself. It is therefore unnecessary to add an overlapping power in the Bill.
The noble Baroness, Lady Hayman, asked me about the resource adequacy of the HSE. It has 130 extra staff and the Environment Agency has had considerable increases in its resources. Defra continues to add resources to both. Probably one demonstration that that resource is adequate is that 9,000 grandfathered registrations have already been notified on to the UK system and 5,000 chemical substances are on it so far. The next deadline is 300 days, which is 28 October, when chemicals not manufactured in Great Britain would come on to the system. I think the consensus is that progress has been even better than we expected.
On enforcement and oversight, UK members of the European Chemicals Agency’s committees frequently pressed the agency to be more rigorous in avoiding the use of animal tests, and we shall work with the Health and Safety Executive to ensure good enforcement of that principle within UK REACH. I add that the use of cell cultures has grown hugely in the past few years and taken over some of the primary testing of animals. Most animal testing is now restricted to medical research and, as the noble Baroness, Lady Fox, stated, it is a strongly regulated market; you no longer see beagles forced to smoke cigarettes. Also, the cost of keeping animals, fortunately, makes keeping them for testing almost prohibitive, in many circumstances.
It always makes me anxious coming to the questions of the noble Lord, Lord Teverson, because I know what a specialist he is in this field and have read a number of his contributions to SI debates in the past. On his first point, although EU REACH still applies to Northern Ireland, and he is absolutely right that the domestic REACH system regulates the Great Britain market, it also contains some provisions that apply to Northern Ireland businesses to facilitate their access to Great Britain.
On chemicals and the EU trade and co-operation agreement, the Government welcome the friendly co-operation the EU and UK have had on chemicals regulation, which the chemicals annexe will support. The UK’s proposal for a chemicals annexe included an arrangement to share REACH registration data. We worked closely with industry in the UK and EU in developing this proposal but, unfortunately, it was not possible to reach agreement in this area. As the noble Lord will understand, the EU was not prepared to discuss the UK’s data-sharing ask.
UK REACH will retain the fundamental approach and key principles of EU REACH, and the Government are keeping the transition as simple as possible. We have extended the deadlines for businesses to provide all the registration data needed to comply with UK REACH. In trying to minimise the costs and burdens on chemicals businesses, we have developed these grace-period provisions, grandfathering and downstream user import notifications to minimise disruption to businesses and supply chains. We will keep all these timeframes under review. On the TCA, we asked to share information between companies, but this was not included, as the noble Lord will know. On that basis, I ask noble Lords to withdraw or not move their amendments.
I have received one request to speak after the Minister from the noble Lord, Lord Teverson.
(3 years, 4 months ago)
Lords ChamberHoffwn ddiolch i bawb a siaradodd yn y dadl byr ond bwysig hon. I thank all noble Lords who have spoken in this short but very important debate. I thank the noble Baroness, Lady Finlay of Llandaff, for her amendment, which relates to Clause 14 and the Welsh Minister’s powers to make regulations under the Bill. I note that it is supported by the noble and learned Lord, Lord Thomas of Cwmgiedd. The amendment would remove the subsections within Clause 14 whereby a Minister of the Crown’s consent would be required before any provision is made by Welsh Ministers in regulations that would, if contained in an Act of Senedd Cymru, require such consent.
First, I reiterate that the Government fully respect the devolution settlements. Devolved matters should normally be for the devolved Administrations to legislate on. It is hard to conceive of a scenario where this would not be adhered to. I remind noble Lords that the Government are seeking legislative consent to the Bill in line with the Sewel convention. The conditions in Clause 14 that the amendment would strip out are entirely in line with the devolution settlements. To deviate from the agreed position under the Welsh devolution settlement purely for the purposes of regulations made under the Bill would be inappropriate and unnecessary.
On the concurrent powers in the Bill, some professions are regulated on a UK-wide basis, and the regulation of some professions is entirely at devolved level. The Bill will apply to the entirety of the UK and, in line with the devolution settlements, allow the devolved Administrations to make regulations within devolved competence. The inclusion of concurrent powers ensures that professions which fall within devolved competence but are regulated on a UK-wide basis can be dealt with under the Bill by the relevant appropriate national authority. Of course, we shall always consult the relevant devolved Administration before these powers are used in devolved areas.
In answer to the noble Baronesses, Lady Randerson and Lady Finlay of Llandaff, officials met the Education Workforce Council at the end of April and are meeting the social care regulators next week to discuss the Bill. Social Care Wales was on the first indicative list and came off the second one following clarification from departments. As noble Lords know, the Education Workforce Council was on both lists. Because we are meeting the regulators so shortly, I will agree to write to noble Lords and update them on the progress of those discussions when they have actually happened. To that end, I hope that I can persuade the noble Baroness to withdraw her amendment.
My Lords, I think I should start by saying “Diolch yn fawr iawn” to the Minister for her reply.
I am most grateful to the noble Baroness, Lady Randerson, for supporting me and the noble and learned Lord, Thomas of Cwmgiedd, in this amendment. I am also grateful for the support of the noble Baroness, Lady Garden of Frognal, and for her interpretation when she described it as “any passing Minister” being able to make some power, which is how it did feel when I read this in the Bill.
As has been said, the devolution settlement is indeed very complicated, and the problem is that the Bill appears to worsen those complications. The noble Baroness, Lady Hayter of Kentish Town, really put her finger on it in explaining what is, in some ways, the delicate nature of all this. I look forward to having a written reply from the Minister, because this is very complicated indeed. I do not think that we have clarified it adequately and, following that letter, I may well want to come back to it on Report. In the meantime, I beg leave to withdraw the amendment.
(4 years ago)
Lords ChamberI am afraid that the noble Lord has the advantage of me in that I have not seen that bit of the food standards framework. I would rather look at his question again in Hansard tomorrow and reply to him in detail. I do not think that I am able to give him a full answer now.
My Lords, I am most grateful to all noble Lords who have spoken. I am grateful to the Minister for her response but it is disappointing.
I must say that I appreciate the noble Lord, Lord German, pressing the Government on why they cannot specify any examples of potential disruption to the internal market, because we really need to hear those. Perhaps the Minister might write to me with some of those specific points following this debate. I note that the noble Baroness, Lady Andrews, confirmed that there is no evidence that common frameworks are breaking down, nor that there is an inability to be fast.
I can see that the timing in the amendment needs to be looked at and renegotiated, and I am sure that would not be a problem. I know that the Welsh Government are sincerely committed to bridging the gap that the noble and learned Lord, Lord Hope, outlined so clearly; at the moment it is a chasm, but it can be bridged.
I agree with the noble Baroness, Lady Neville-Rolfe, and the noble Lord, Lord Naseby, that we all want the UK to prosper and things to work, but we must find a way to make them work by not splitting the UK, which is what the Bill seems to be doing at the moment.
I am grateful for confirmation from the noble Baroness, Lady Randerson, and the noble Lord, Lord Stevenson, of cross-party support for this approach. I have to agree with the noble Baroness that there is little evidence of the Government’s good will towards devolution in the Bill as drafted, and that at the moment the logic of the Government’s approach is quite difficult to discern.
The amendment was a genuine attempt to restore confidence between the central Westminster Government and the devolved Governments. I hope we will return to it because I think we need to. This was a hand of peace, an olive branch, and we must return to it later on Report. For the moment, though, pending further discussions and negotiations, I beg leave to withdraw the amendment.
(4 years, 1 month ago)
Lords ChamberI thank noble Lords for their contributions to this short debate.
I recognise the concern to ensure that farmers in England and Wales are protected against acute and chronic disturbances, including those caused by natural phenomena. The exceptional market conditions powers could be used to address acute and severe market disturbances caused by natural phenomena, such as extreme weather, so long as there is an adverse effect on the price achievable for one or more agricultural products. I hope that that reassures my noble friend Lord Northbrook.
The UK Government and Welsh Ministers are confident that the existing powers are sufficiently broad to ensure that agricultural producers will be covered should they need financial assistance due to exceptional market conditions caused by economic, environmental or other factors. The current Covid-19 pandemic is a disturbance caused by environmental factors and is exactly the type of exceptional circumstance that these new powers are intended to address. We could not have foreseen that this pandemic would be as wide-ranging or prolonged as it has been, and farmers could not have been expected to prepare for the disturbances in daily life that it has caused. I feel confident in saying that if these exceptional market conditions powers were at our disposal now, the Government could have used them to support farmers during these difficult times.
The particular powers in respect to England, in Clauses 18 and 19, and in respect to Wales, in paragraphs 6 and 7 of Schedule 5, are framed to deal with unforeseen short-term shocks to agricultural markets rather than chronic conditions. These powers allow Ministers to act swiftly to deal with a crisis situation. These amendments would lower that bar and risk creating open-ended powers that allow the Secretary of State to make payments to farmers in much wider and undefined circumstances.
In most cases, farmers already manage the effects of fluctuating weather conditions. There are also powers in existing legislation that allow the Government to act in exceptional circumstances to support farmers in the event of extreme weather conditions. For example, the Natural Environment and Rural Communities Act 2006 could be used to make one-off payments to farmers affected by extreme weather. In response to recent flooding, as my noble friend Lady McIntosh acknowledged, the UK Government launched a new farming recovery fund for England, using powers under the NERC Act.
I have some details about the fund because I was interested to find out why some claims were not being met. I am afraid that I do not have the numbers here for my noble friend but I commit to writing to her with the details of the scheme, which are quite complex, and to furnish the numbers on how many grants have been made available. When I write, I will of course let noble Lords have a copy.
The Government want to encourage farmers to manage their own risk and become more resilient to foreseeable and longer-term disturbances. Elsewhere in the Bill, there are provisions to support farmers to improve their productivity, as well as to provide financial assistance for the delivery of public goods. For example, the Government will help farmers to invest in equipment, technology and infrastructure, and will support high-quality research to promote innovation and productivity in agriculture, horticulture and forestry. Part 3 also sets out powers to strengthen fairness and transparency in the supply chain. This will enable food producers to respond more effectively to market signals, strengthen their negotiating position at the farm gate and seek a fairer return.
I hope that I have given sufficient reassurance and that the noble Lord will feel able to withdraw his amendment.
I have received a request from the noble Lord, Lord McCrea of Magherafelt and Cookstown, to ask a short question of elucidation.
(4 years, 3 months ago)
Lords ChamberThe agrichemical monitoring system has lagged behind emerging evidence, partly because the epidemiology is so difficult to do on a population basis. The standard trial model is difficult.
Do the Government recognise that Canada’s largest agribusiness, Richardson International, is banning glyphosate spray on oats and that Bayer, which is the production route now that it has bought out Monsanto, is spending $10.9 billion settling around 125,000 cancer lawsuits out of court over cancers such as non-Hodgkin lymphoma? I worry that we cannot ignore these trends and simply rely on past papers and so on. Do the Government recognise that an amendment to this Bill that flagged up the precautionary principle would be a key plank in safety, would be completely compatible with the type of request that has come from the noble Baroness, Lady Cumberlege, in her report on health-related issues, and would move us forward to being a leader in the modern world in food production?
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.