(2 weeks, 2 days ago)
Lords ChamberThe noble Lord asks an important question, because future resilience is going to be critical, particularly as we will have more incidents such as this due to climate change. That is why it is so important that we have set up the Floods Resilience Taskforce. The idea behind that is to bring together everybody who has a genuine understanding and a mutual interest in trying to resolve these issues for the long term, not just for the short term. Part of the problem is that often we have looked at short-term solutions. Part of the work of the Floods Resilience Taskforce is to get a better understanding so we can build exactly the kind of long-term plans that the noble Lord is talking about.
I welcome the Minister’s Statement, but I have some questions that are relevant to the fact that the noble Lord just mentioned, which is that extreme weather events are becoming more extreme and more frequent. We are going to be building many more houses in the future, and the rules on housing development in the flood plain or in areas of high flood risk are simply not working at the moment. Each annual report shows a small number of developments in the flood plain going ahead against Environment Agency advice, but that gives a false impression, because in reality many more new properties are being built in the flood plain that are at real risk of flooding. Does the Minister agree that rules about development in the flood plain or in areas of high surface water flooding risk urgently need to be reviewed? Will she commit to do so to make sure that the planned major programme of housebuilding is not simply putting more and more people and properties at risk?
Clearly, we have planning legislation coming forward. One thing we are doing in Defra is working closely with MHCLG around the future development of planning, particularly as we have ambitious plans for building a large number of homes that are so desperately needed. As part of the new home strategy that we have at the moment, we have committed to ensure that we are building more high-quality, better-designed, sustainable homes and creating places that increase climate resilience and promote nature recovery. It is important that, when we plan, we also look at the impact on the environment, and that clearly includes the impact on flooding.
The Government are committed to consider whether changes are required to manage flood risk, coastal change and sustainable drainage systems provision through the planning system when we consult on further planning reform, including a set of national policies that are related to decision-making in this area. Where development needs to be in locations where there is a risk of flooding because no alternative sites are available, we are stressing that developments should be flood resilient and resistant, safe for a lifetime and should not increase flood risk overall. The problem you can have is that, if you do not look at this properly in the round, you can build a house that potentially could flood, so you put in place resilience measures and, as the noble Baroness said, they push the water on to another estate that has not flooded before. So it is really important that we look at this carefully in the round.
I am sure the noble Baroness is aware that one thing we have been looking at as a Government is more devolution to local areas. As part of that, it is important that we look at how best we can support our local communities, because it is always those communities that pick things up when you have problems like this. Supporting local communities, whether that is our local authorities, our parish councils or our town councils, is a really important part of the work that we need to do.
(1 month, 1 week ago)
Lords ChamberMy Lords, the licensing of activities involving animal regulations requires anyone in the business of breeding and selling cats to have a licence, and they must meet statutory minimum welfare standards. The noble Lord makes some very good points about recent practices that are not acceptable. Defra has been working on a post-implementation review of the regulations, which will be published shortly. We are also carefully considering the recommendations in EFRA’s report on pet welfare and abuse, and the Animal Welfare Committee’s opinion on feline breeding, which will also be published soon.
My Lords, can the Minister assure us that the Government will find time during this Session to reform the Veterinary Surgeons Act 1966, which is already 60 years old and rather showing its age? A fundamental improvement to the welfare of domestic animals would be to bring up to date the legislation regulating veterinary medicine and particularly veterinary medical practices, which are currently not formally regulated. That would enable the public—and indeed the animals—to be assured that veterinary medicine, and veterinary practices in particular, will provide modern, high standards of care. The Competition and Markets Authority is looking at this issue, and an update is long overdue. Can the Minister assure me that she will provide time for that legislation?
We will of course continue to support the vital work of the veterinary profession, and I acknowledge the veterinary workforce’s commitment and dedication to animal health and welfare. My noble friend makes a good point, and we are very aware of calls to reform the Veterinary Surgeons Act 1966, which is now very old. Defra is talking to key stakeholders and different veterinary groups to explore the best way to support the profession, and we are looking at the legislation.
(2 months, 3 weeks ago)
Lords ChamberMy understanding is that the whole structure of the regulator and anything around how effectively it has been working will be open for the commission to discuss. My understanding is also that we are not committed to any particular structure going forward and that the commission will look at the whole thing right across the board.
Can the Minister reassure the House on the scope and delivery of the commission? I very much appreciate that this commission is being established and that it has got such a wide remit. It very specifically says in the account of the scope and delivery that the commission will be asked to work within the framework of the UK carbon budgets and the targets of the Climate Change Act, but it does not give a concomitant assurance that it will also have to meet the requirements of the Environment Act, including the legally binding biodiversity targets in particular. Can the noble Baroness reassure us on that matter—that it will be part of the remit?
The noble Baroness is right that it specifically refers to the UK carbon budget framework and the Climate Change Act. We discussed this very briefly in the Water (Special Measures) Bill yesterday during the environment amendments. The biodiversity targets set within the Environment Act are certainly ways to deliver the changes that we need and I suggest that anything that is currently in law is something that the commission would be discussing.
(1 year, 6 months ago)
Lords ChamberMy Lords, this group is made up of four amendments in my name. They are designed to ensure that climate and other key environmental considerations are included in the new environmental outcomes reports, the details of which will be set out in secondary legislation, as we have heard; and to probe whether the EORs will support the UN’s sustainable development goals. I would be grateful if the Minister could shed some light on these matters in her response.
My Amendment 106 specifically asks that the new system
“does not weaken existing environmental protections”;
in other words, it is an amendment to ensure non-regression. Environmental assessments play an important role in limiting nature and climate harms from planning decisions. Such an extensive series of changes to environmental assessments, delivered largely through regulations, could, we believe, open the door to environmental regression that has limited parliamentary scrutiny. Concerns to this effect have been expressed by the Office for Environmental Protection and a number of environmental NGOs.
Unfortunately, the one safeguard in this part of the Bill fails to address the regression risk. Clause 147 states:
“The Secretary of State may make EOR regulations only if satisfied that”
the
“overall level of environmental protection”
will not be less than before. The stipulation overall undermines the utility of this safeguard as the effect is to allow the Secretary of State to weaken individual existing protections as long as they consider this to be balanced out elsewhere in order to maintain overall levels.
We discussed this issue at some length in Committee, so I will not go into detail on the risks that we believe this approach carries. However, it remains unclear why this low-bar test for new regulations has been chosen over the higher bar provided by the Environment Act, Section 20 of which requires Ministers to state that new legislation will not reduce the level of environmental protection provided for by any existing environmental law. My amendment would apply this recent and relevant non-regression precedent to EOR regulations, thereby ensuring that environmental protection is not weakened through the introduction of the new EOR regime by specifying that the Secretary of State should demonstrate that EOR regulations would not diminish any individual environmental protection applying at the time that the Bill passes. This would have the effect of aligning Clause 147 with the Environment Act and the Government’s own commitment, as stated in Committee, to use the EOR regime as an
“opportunity to protect the environment”.—[Official Report, 18/5/23; col. 444.]
I urge the Minister to consider accepting my amendment as the provision of a robust non-regression clause is the minimum required to ensure that the proposed EOR regime does not harm the environment.
A series of government amendments on Report—including Amendments 133 and 138, which we have debated today—seek to define more closely the environmental protections that would be subject to the new EOR powers. However, this listing exercise provides little to no assurance that environmental regression will not take place. We believe that the threat of environmental regression is significant. In its response just last month, in June, to the Government’s EOR consultation, the Office for Environmental Protection observed that
“there are risks associated with a move from well-established regimes when so much rides on effective delivery over the next few years (and beyond)”.
To address these risks, Clause 147 needs to be strengthened and non-regression assured before the EOR regime is introduced. My amendments would achieve this. I beg to move.
My Lords, I support Amendment 106 in the name of the noble Baroness, Lady Hayman.
I have been a great fan of the habitats regulations over the years; I was part of the movement that helped shape them and they have done some pretty sterling work for us, both here in this country as well as across Europe. They have one major feature at the moment: they are understood by both the development community and the environmental movement. There is a shedload of case law that surrounds them, enabling people to understand quite considerably and in detail how they operate. However, I accept that we move on; that is Brexit for you.
The regulations are now being replaced in what I regard as a rather piecemeal fashion but, nevertheless, that is what we have got. So we must make sure that all the building blocks that are being put in place to replace the habitats regulations are going to work properly; and this block, reflected in Amendment 106, is an important one. This is a risky time to be meddling with environmental assessment regimes, when we are at a crisis stage on the climate and biodiversity—but we are where we are, so let us have a look at how we can make this better.