Retained EU Law (Revocation and Reform) Bill

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

Committee stage
Monday 6th March 2023 Lords Chamber

[Lord Whitty (Lab)]

My Lords, your Lordships may have noticed that there is a rather cruder amendment in my name towards the end of this group: Amendment 99A. I am not a lawyer, but much of my life in politics and trade unionism and as a consumer champion has been defined by decisions of the British courts—some of the most important of which have been influenced by European law or by the judgments of the European courts. The advances we have made on equalities, employment rights, a number of consumer items and the environment, and indeed on issues such as intellectual property and digital protection and so forth, have been in large part—not entirely; I will not overstate the case—affected by European law, now called retained EU law, or the European courts’ own judgments which have been followed by the British courts.

In the exchange between the noble Lord, Lord Callanan—he is not here at the moment; I welcome the noble and learned Lord, Lord Bellamy—and the noble Lord, Lord Krebs, the noble Lord, Lord Callanan, said that the courts will go on interpreting cases as they have done from time immemorial. However, from time immemorial, the courts have interpreted the law on the basis of what is on the statute book at that time. They continue to do so until that law is changed by this Parliament. The implications of parts of Clause 7 are that that will no longer be the case; that the courts will need to have less regard to the types of cases that arose because they were influenced, at least in part, by European law; and that European decisions will not need to be held in the same regard in future. That is the purpose of Clause 7, which is why my amendment would delete it.

I largely agree with the noble Baroness, Lady Ludford, that it could be rewritten—we do need some guidance on case law—but this is taking it in entirely the wrong direction and destabilising what has, from time immemorial, been the basic role of the British courts in interpreting legislation. If the Government and Parliament change the law, that changes it; some of those cases no longer have the same effect as they do at the moment. However, if we take Clause 7 as it stands, we are undermining a number of improvements in the conditions of our people and, at the same time, undermining the credibility, consistency and historical role of our courts. I therefore suggest to the Government that they should remove this clause. If the Bill proceeds—noble Lords know that I am not in favour of it—the Government could come back with a rather more sensible Clause 7. However, as it presently stands, it is one that we ought to oppose root and branch.

The role of our legal system is being undermined by a political doctrine that has yet to find its way into the legislation and the statutory law of our land. That is a dangerous road that we should not go down; I therefore suggest that we remove Clause 7 and think again.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I have no legal training, so I going to rely on noble and learned Lords to tell me whether I have understood this whole section properly. It seems a bit odd.

In contrast to the first clauses of this Bill, which have been designed by the Government to take power away from Parliament—all the decision-making process and scrutiny—Clause 7 seems designed to outsource the task of making sense of the huge legal mess in the Bill. It is wrong on many levels but, in particular, it calls on judges to make political decisions that Parliament ought to take instead. The Bill is potentially going to create a huge legal mess; it does not seem fair for the Government to outsource this issue. That is worrying enough on its own, but it is all the more worrying because of the way in which this Government have demonised lawyers and judges over the past two or three years. They have been scapegoated at every twist and turn of the Brexit process. It has been a nightmare to see people who clearly have our best interests at heart being demonised in this way.

Clause 7 seems to have a very specific purpose. Forgive me if my language is oversimplified but, quite honestly, the Government are making a huge legal mess and are going to ask other people—judges, lawyers and the courts—to sort it out for them so that those people will take the blame when it all falls apart. Can the Minister explain whether I have understood it properly?

Energy Bill [HL]

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

Committee stage
Monday 12th December 2022 Grand Committee

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support the thrust of these amendments but I also have huge qualms about hydrogen and electric vehicles. Quite honestly, electric vehicles still clog the roads and their drivers still run over and kill people. If we are thinking about low carbon, we should go for public transport.

I also want to quibble with the noble Baroness, Lady Randerson, when she said that there was a lack of government leadership on this issue. The fact is that the Government are not giving us leadership on any issues. They are running around like a pack of confused ferrets. We are incredibly lucky that the whole of Britain is somehow hanging together and not having any disasters.

Returning to the amendments, something Greens are always very concerned about is marketisation and financial engineering around environmental issues. The UK has a long and dangerous track record of mismanaging this. In the same way that financial engineering around mortgages caused the 2008 financial crisis, there are risks that bankers will abuse the climate crisis as an opportunity to get filthy rich while destroying the very systems we are working to protect. It has been done before.

That is why we are concerned about concepts such as natural capital, which risks being a double-edged sword. If it helps policymakers to recognise the immense value of our natural capital and our natural world, it might be helpful, but if it simply creates new opportunities for bankers to get filthy rich, it is deeply dangerous.

For this reason, it is essential that carbon removals are genuine physical processes that remove carbon dioxide from the atmosphere and lock it up. There cannot be any ambiguity or scope for financial markets to exploit for profit, or for our Government to claim success when no real carbon dioxide has been removed from the atmosphere.

I was at a round table last week; there were about 16 of us, and we were fairly evenly divided between scientists and parliamentarians. All the parliamentarians were from the Commons, apart from me. The scientists all agreed with each other and kept saying the same thing: that we must stop burning fossil fuels. However, all the parliamentarians, apart from me, said, “Oh, that’s quite difficult—I cannot ask my constituents not to fly”, and things like that. My concern is for the Government to be deeply behind the science. Even the UN is now saying that we must act urgently. You cannot, even now, talk about low carbon and net zero; we are past the point where they will have the impact that we need. Instead, we should be talking about carbon-negative measures. If the Government do not wake up to that very soon, I hope that we can replace them.

[Lord Whitty (Lab)]

My Lords, much has been said already. I agree with the main thrust of the amendment tabled by the noble Baroness, Lady Randerson, which urges the Government to set out a very clear case for the decarbonisation of the various transport sectors. I do not think that we are there yet, and I do not think that the industry feels that we are there yet. It is important, for the reasons that the noble Baroness has just spelled out, that the transport sector knows which way it is going.

I must partially apologise to and reassure the Committee, because some of my speech was intended for the previous group of amendments. As noble Lords were making such commendable progress this afternoon, I did not get here in time to intervene on the amendment on home heating—an issue where, again, some clarity of decision is needed. Home owners and landlords are now faced with decisions on how to replace their gas boilers: they know they need to get rid of their gas boilers, but quite what they are going to get to replace them with is unclear. Of course, people replace their cars, and even their lorries and buses, rather more frequently than their houses and boilers. It is important, therefore, for the transport industry that there is some clarity on the general direction of government policy for the different sectors of transport.

On this topic, we immediately run up against the issue of hydrogen. I am not quite as sceptical as some of my colleagues, but I am sceptical, because hydrogen has been seen as a “get out of jail” card for almost every sector on their decarbonisation trails. That is not only for heavy industry, to replace the very heavily carbon-fuelled industries such as steel, glass and so forth, with its knock-on effect on the construction industry, et cetera, but for parts of the transport sector and for home heating. It has been seen by some as the solution to the decarbonisation of heavy vehicles, shipping, the train system and even aviation. However, hydrogen is not capable of doing that without safety dangers; and, in any case, it is not capable of doing that because we do not yet have the technology for producing green hydrogen at scale. Therefore, it will come in, if at all, only much further down the line. However, waiting for hydrogen—whether in the form of hydrogen blend for home heating or hydrogen-based vehicles or batteries for the transport sector—is seen as an excuse for not taking other technologies more seriously and urgently than we have done.

The amendment tabled by the noble Baroness, Lady Randerson, would require the Government to do that job for the transport sector. I think that they need to do that for other sectors as well, and that they should not exaggerate either the degree to which hydrogen is the solution or, in particular, the closeness of technological breakthroughs to provide genuinely green hydrogen. It is not going to happen in the kind of timescale that we are talking about. Therefore, the amendment has implications beyond transport, but transport itself needs a clear plan. I hope that the Minister will take up with his transport colleagues the need to work urgently, as the noble Baroness’s amendment urges, to ensure that the transport sector knows where it is going, even if nobody else does.

Social Housing (Regulation) Bill [HL]

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

Committee stage
Tuesday 6th September 2022 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I want to speak about energy efficiency as well, because clearly this is something that no one can disagree with. It is smart and, at the very least, good business practice—not to mention that it helps people on very low incomes.

As the noble Baroness, Lady Hayman, pointed out, social housing landlords have a huge challenge to raise the energy efficiency of the homes they look after and to bring them up to modern standards, simply because they do not have the money. If the Government are not going to give them a handout or ease the energy crisis in all sorts of ways, they need to make it possible and to make funding less incredibly difficult. The situation is getting worse day by day, as supply chain issues and the rate of inflation keep shooting up.

At the moment, the main source of funding for social housing improvements seems to be borrowing against future income from social rents. This means a very tight pot of funding, where energy-efficiency measures have to compete against issues such as maintenance, renovation and new home building. The Government could create new fundraising opportunities for local authorities. Some of this could be grant funding but there are other options too, such as facilitating the creation of climate bonds and other sorts of financing.

I hope that tackling this funding gap for social housing is a priority of this Government. It would help so many people. I look forward to the Minister sharing the Government’s plans and, I hope, bringing forward something on this issue on Report.

[Lord Whitty (Lab)]

My Lords, I want to briefly record my support for the intent of all these amendments for both social and environmental reasons. The tenants of social landlords need to be prioritised by improving their energy efficiency, and hence cutting their bills. Because it is a significant proportion of our housing stock, to meet the net-zero pathway it is necessary for the social housing sector to make a step change in the improvement of its premises.

To achieve that, there are responsibilities on government, not least in pursuing the strategy that the speech and amendment from the noble Baroness, Lady Hayman, address, but there are wider responsibilities on government to create the overall policy and the legislative and regulatory framework to ensure that it is delivered. There are also responsibilities on social landlords, and that should be made explicit to them, but the Bill is primarily about the regulator. The regulator’s central duty ought to include energy-efficiency objectives. I regard that as an important missing dimension of the Bill. I would argue this in relation to almost any other legislation, in any field, that changes or introduces new regulation. We need a net-zero objective in our social and economic regulators’ responsibilities and terms of reference.

I have a couple of questions for the Minister. When pursued on energy-efficiency matters on the Energy Bill and in other contexts, her noble friend and colleague, the noble Lord, Lord Callanan, often says that part of the Government’s solution is to fund the programme of improving social housing. I find it difficult to say that that is sufficient. Does the Minister know what proportion of the totality of social housing premises, or whatever subset of that she has information on—large estates, in particular—has been addressed since the Government’s intention that social housing’s energy efficiency be improved, both by insulation and by the source of its energy, became clear? If she does not have that information today, perhaps her department and BEIS could provide me with an answer.

The second question is on planning, which clearly is within her department’s responsibility. Many social housing estates, mainly in the local authority but also in some housing association areas, are faced with major schemes of regeneration. Too often, in my view, local authorities and developers, when faced with demands or requests for regeneration, opt for demolition and rebuild. In almost all cases, demolition in each of its stages and the rebuild have a larger carbon content than most schemes of refurbishment. When will the planning process address this and ensure that it is a central issue for those planning authorities faced with propositions from social landlords?

Subsidy Control Bill

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

Committee stage
Wednesday 9th February 2022 Grand Committee

[Lord Whitty (Lab)]

My Lords, that is probably a question for the Minister rather than for me, but, clearly, the decision on, for example, the Cumbrian coal mine, which is to feed into the steel industry, is an incredibly complex issue which will not be resolved by the narrow criteria of whether it enhances or undermines competition. The noble Lord is correct in that respect, because it would also have a considerable effect on carbon emissions.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I shall speak to Amendments 62 and 63. Amendment 62 seems pretty basic post-legislative scrutiny, so I am not quite sure why it is not in the Bill already. The Government are bringing in this legislation and it makes sense for the Competition and Markets Authority to report on whether the legislation works in practice. That is fairly fundamental, is it not? If it does not, then, obviously, we can improve the legislation; if it does, then the Government can pat themselves on the back. The amendment should have been in the Bill. I am expecting the Minister to say, “Yes, of course, we’ll write it in now.”

On Amendment 63—I wish I had added my name to it; I agree with everything that we have heard so far from noble Lords—I have said before that we should have a provision such as this in every single piece of legislation. As the noble Lord, Lord Whitty, just said, it is basic to what the Government claim to care about. The principle should underpin everything that they do. We know that the scale and size of the net-zero problem is huge, and the Government will need a lot of help. They will need a lot of private and public investment, and it will involve a lot of changes to government taxation and spending.

Any aspect of government that thinks that the climate emergency is not part of its remit is not thinking hard enough about it. We need both the whole of government and the whole of society to address the work on the climate and ecological emergencies. Every Bill that comes through here, every tax levied and every pound of government spending should move us towards net zero. There is an environmental saying: doing nothing risks everything. The Minister will say that the Government are doing a lot. I would argue that they are doing bits and pieces, so the saying could be: doing bits and pieces risks everything as well. We need a coherent approach.

I was asked whether I would still like a meeting with the Minister. Yes, I would, and I would like to throw down a little challenge. If the Minister or his team can come up with any issue that is not relevant to our climate emergency, I will be happy to argue how it is relevant. I look forward to that meeting, and I might bring some heavyweights with me.

Environment Bill

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

Report stage
Monday 13th September 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendment 51, which is a no-brainer. This whole group talks about a public health disaster. We have not understood the impact of these emissions on public health—and not just their immediate impact but their long-term impact. There is huge damage to the NHS because of the problems forced on it by these emissions, and these amendments are extremely well designed to fix some of those problems. I should declare an interest as a vice-president of the Local Government Association.

I wholeheartedly support Amendment 55 in the name of the noble Lord, Lord Tope, and congratulate him on a very thorough exposition of the reasons for it. I have signed Amendments 55, 56 and 57 because they are all very clearly linked. Quite honestly, the Bill really has to say something on air pollution.

It is worth pointing out, as the noble Lord, Lord Tope, did, that his amendment has been—I was going to say “concocted” but there must be a better word—written by some very distinct groups. They are the City of London Corporation, London Councils, Clean Air in London, a Lib Dem Peer and a Green Peer. These are people you might not think would naturally link together—but on this issue we are speaking with one voice. There is a problem and we have to fix it, and this is how you can fix it.

The Bill would quite rightly amend the Environment Act 1995 to give local authorities new functions and duties. For example, they must have regard to the national strategy and identify relevant sources of emissions. Another part of the 1995 Act would be amended to include things such as that they

“must, for the purpose of securing … air quality standards and objectives … prepare an action plan”.

Again and again, the Government give duties and responsibilities to local authorities, which is very smart. But, at the same time, you cannot keep giving such a workload if you do not give people the resources to do it. Those resources are partly powers and partly money, and these tough duties are not matched by either powers or finance. We therefore need legislation that would give local authorities the powers they need to decarbonise buildings. This is the next step; we are always talking about transport, but buildings are also a huge source of carbon emissions, as are other non-traffic emissions such as those from construction equipment and stationary generators.

We also have to give the Secretary of State powers in regulations to set common standards that could be tightened over time. Ideally, the Secretary of State would encourage the use of zero-emission or ultra-low-emission appliances to align air pollution and climate efforts. Amendment 55 would strike the right balance between duties and powers for local authorities.

Amendment 56 is very sensible. It would make the problem of stationary idling much easier to tackle; it is a plague at the moment. I make myself very unpopular by going up to people who have their engines idling outside schools and so on, and telling them to turn them off. That is one of the things I do for fun, obviously.

My Amendment 57 is a sort of super-amendment that pushes farther. As your Lordships would expect from a Green, it is more radical. It is based on the amendment tabled by the noble Lord, Lord Tope, so in principle it has support from those other authorities—but not quite enough to put that into writing. I have to declare that I am a sinner; I installed a wood-burning stove in a flat that I used to own and I am really sorry about that. In fact, I burned incredibly dry wood—which makes it slightly better—because a scaffolding yard which was next door to my flat supplied me with bone-dry pine from their scaffolding. The people there actually drove the wrong way up a one-way street and up my drive to dump their dumpy bags outside my door. It was fantastic and the wood lasted quite a number of years.

To go back to the point, my amendment builds on the excellent Amendment 55 tabled by the noble Lord, Lord Tope, in three important ways. First, it would emphasise the need to include fine particles: these PM2.5s, which we have heard so much about and which are so nasty, because they not only go into the lungs but pass through them into the bloodstream and other organs. They are highly damaging and we probably have not yet caught up with all the damage that they do, particularly to children. They have to go into the national air quality target set under either Clause 1 or Clause 2. As we heard earlier, this is the most harmful form of air pollution, affecting us all at some stage in our lives.

Secondly, my amendment would give metro mayors, alongside local authorities, powers to designate any part of their area exceeding WHO air-quality guidelines as an air-quality improvement area. That is a very useful power and they could set restrictions based on regulations made by the Secretary of State. This seems only right and fair if we are to avoid a patchwork of emissions standards in our largest cities, all of which are polluted.

Last but not least, my amendment would end the sale and use of wood-burning stoves in urban areas over seven years, as the original Clean Air Act was meant to do in 1956. This is important because Defra’s latest statistical release on air pollution said that the use of wood in domestic combustion activities accounted for 38% of PM2.5 emissions in 2019, and these emissions doubled between 2003 and 2019. So we have a real problem and I very much hope that that the Government are listening on this—but perhaps they are not.

Not only are wood stoves and fireplaces a major source of the most harmful air pollution, but the Climate Change Committee is clear that wood-burning stoves should not be counted towards either low-carbon heat targets or renewable targets. So I really hope that the Government are listening.

[Lord Whitty (Lab)]

My Lords, I strongly support all the amendments in this group and have put my name to two of them. I just want to intervene briefly on the issue of idling. Last week, when I walked from my Pimlico flat to this House—which takes about 25 minutes, mainly down backstreets—I passed 15 vehicles which were stationary and idling: cars, vans, buses and trucks. I wish the noble Baroness, Lady Jones of Moulsecoomb, had been with me, because I am far too diffident to bang on a roof and tell a driver to stop doing it—but next time I will invite her to join me.

Westminster City Council has a commendable campaign, public-relations wise, to stop idling—but it has no means of enforcing it. And even if the council did enforce it, the fine is so paltry that it is not a deterrent. This amendment would change that. It would make it easier to enforce and would make people take notice. It is a major contribution towards reducing air-quality problems in our cities and I hope that the House can support all these amendments.

Environment Bill

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

Report stage
Monday 6th September 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

But he did put potted plants there; let us give him some credit.

Amendment 54 is also incredibly important, because it would achieve three important outcomes. First of all, it would put health at the heart of government policy-making. I am an ex-Southwark councillor, like the noble Lord, Lord Kennedy. On the old town hall, there was a translated Latin quotation:

“The health of the people is the highest law”.


That is what this Government absolutely ignore.

Secondly, Amendment 54 would ensure that air quality targets are based on WHO air quality guidelines and achieved as soon as possible. Thirdly, it would ensure that air pollution is properly monitored, particularly where it is a problem, and that people are warned about it.

Please understand that this is a public health crisis. I have tried to get the issue of air pollution into other Bills, but I was always put off and told that whatever Bill it was was not the right Bill to put air pollution in. When we are talking environment, this is the Bill to add air pollution as a serious issue.

[Lord Whitty (Lab)]

My Lords, I declare an interest as I am still a vice-president of Environmental Protection UK, which for most of its lifetime was the National Society for Clean Air. In that capacity, I was a bit remiss in not putting down an amendment myself. I was originally fooled by the Government; it does not happen very often, but it did on this occasion. I thought that by having this as the second clause and PM2.5 right up front in the Bill, they had really seized the opportunity. I did not read it properly.

Clause 1 sets a particular status for long-term targets that then run through the rest of the Bill, but this clause says the target for PM2.5

“may, but need not, be a long-term target.”

Parliamentary draftsmen are usually comfortable putting “may”, because that gives them a certain amount of flexibility, but on this occasion they put “but need not” very clearly. That means that the target envisaged in this clause, as it stands, does not have all the overriding principles and follow-through in the rest of the Bill that a long-term target has. That is why the clause, as it stands, has to be amended.

I support all these amendments. I just want to say two or three other things that colleagues have not yet covered. Before I do so, I say to the House that, in the debates on air quality over the years, one supporter was the late Viscount Simon, a lifelong sufferer from asthma who normally took part and had a lot of insight; we will miss him.

I point out, first, that the WHO targets were set on the basis of health information from over a decade ago. Hopefully, the new ones will be updated. The limits that we have been working to on EU standards were largely set—and I speak as a pro-European—by what the German motor manufacturers would put up with. Even then, they fiddled the testing. So, what we put in as our targets here have to be robust, health based and universally recognised.

It is also important to mention something else. There is a bit of an assumption that, since traffic has been the biggest contributor to air pollution, this is being resolved as we move away from diesel cars. It is not. A lot of pollution from traffic comes from brakes and friction between tyres and the road. In any case, of course, traffic is significantly increasing. The problem will not automatically resolve itself. We need new measures, both for vehicles and for the way we manage traffic. Also, as I believe is covered more fully in a later amendment by the noble Lord, Lord Tope, there are a lot of non-traffic-related sources of PM2.5 and other forms of pollution. They have to be covered just as rigorously.

Thirdly, as my noble friend Lord Kennedy pointed out, the tragic death of Ella Kissi-Debrah happened because of where she lived: on the South Circular, an already heavily polluted road. I would ask local councils of all political complexions not to alter their traffic arrangements to divert the heaviest traffic to areas where the poorest live and where there are likely to be more pedestrians and more children. Moving air pollution around is not a solution. I hope that is recognised.

I support these amendments as they stand. I hope that the Government will be prepared to take at least some of them on board and we can start making a dent in what is a truly terrible aspect of urban life and the health of our people.

Environment Bill

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

Committee stage
Wednesday 23rd June 2021 Lords Chamber

[Lord Whitty (Lab) [V]]

My Lords, I very much welcome the appearance of Clause 2 in this Bill, but it would be seriously sharpened up and given impact by the adoption of Amendment 20 by my noble friend Lady Hayman. I support that amendment and Amendment 156 in the name of my noble friend Lord Kennedy.

My Amendment 21 is slightly different. It is, in essence, a probing amendment. It starts to deal not with the setting of targets, but the way in which those targets could be delivered. It is arguable that the amendment should come somewhat later in the Bill, but Clause 2 specifically deals with PM2.5 and I thought it was relevant here. I will not press the amendment with its current wording, but it is intended to provoke a discussion and, hopefully at later stage, a form of words to address the practicalities of delivering an effective air quality strategy for the targets to be set under Clause 2, particularly in relation to PM2.5. Indeed, it should extend to ultrafine particles, which were not previously covered by EU regulations.

The focus on PM2.5 as the cause of the most harmful lung and pulmonary diseases is important. My noble friend has underlined the implications of the recent coroner’s recommendations following the tragic death of Ella Adoo-Kissi-Debrah in south London. The target needs to be ambitious, much more challenging than current standards in the EU and elsewhere, and to reflect the WHO targets, as my noble friend said. For it to be delivered, we need to focus on the key role of local authorities and others and ensure that they are fully effective. That requires resources, in terms of both money and powers. It also requires their efforts to be brought within a coherent national strategy, as well as a system of parliamentary reporting on progress all the time—particularly on the interim targets.

However, the targets will not work unless we have a proper system of monitoring toxic and noxious emissions and very small particulates. We also need a strategy for the specification of increased quality of air quality monitoring. Currently, most monitors measure nitrous oxides and derive from those measurements an estimate of particulate exposure, mainly from road traffic. Ideally, we need to be able to measure the particulates directly and it is important that we have a clear quality specification of the technical parameters of those monitors. We also need a clearer strategy for the placement of monitors: by the roadside, away from the roadside, at schools—since children are the most susceptible to lifelong lung malfunction from diseases induced by particulate ingestion—around construction sites, around self-standing generators and on some industrial premises.

Most importantly, we need a system of communication. There is no use in even extensive monitoring unless we both inform the public and follow up with analysis where the targets are not going to be met and where there are exceedances or near exceedances by location and with particular forms of action that are needed. Communication to the public is therefore key; we need to link the monitoring system to automatic warnings to the population in the streets, at bus stops, outside schools and colleges and so on. We also need to ensure that local authorities, particularly highways authorities including Highways England and Transport for London, have the legal responsibility for establishing the network of monitors, collating information from them and informing the public of the levels of poison gas and particulates including, in particular, PM2.5.

I recognise that Amendment 21 as worded envisages a regulation on local authorities, but it also requires regulations elsewhere in terms of transport vehicles and machinery specifications. I accept that there must be a better way to reflect the need for those specifics in the Bill. I am looking to the Minister to come forward before the completion of this Bill with a way of ensuring that local authorities and others are both required and resourced to set up a comprehensive system of monitoring and communication to the public, and that there is a clear follow up where limits are exceeded and targets not met. That is what the amendment is about.

I should declare my interests as president of Environmental Protection UK, once known as the National Society for Clean Air, which has focused for decades on this issue. I ask the Minister to come forward before the end of this Bill with a better version of this.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I am delighted to see all these amendments and I congratulate the noble Baroness, Lady Jones, and the noble Lords, Lord Whitty and Lord Kennedy, for bringing them forward.

The noble Baroness, Lady Hayman, gave an excellent introduction. I just have one slight problem with it: while the current Mayor of London is doing a lot on air pollution, he is also building a road that will negate virtually everything he is doing and has done. The Silvertown tunnel should be stopped immediately with not another penny spent on it. We all have to understand that building new roads is a mistake anywhere in the country, but especially here in London, when we should be concentrating on better, cleaner methods of transport.

I have worked the issue of air pollution on since 2001. The mayor at the time, Ken Livingstone, made a very good stab from a standing start at reducing air pollution, even though at the time it was just a warning flag that we were about to break EU limits. He did what he could in terms of the congestion charge and encouraging cycling, even though he was not a cyclist himself. Sadly, as soon as the mayoralty was taken over by the current Prime Minister, Boris Johnson, things went a little bit skew-whiff. He did not get the whole issue of air pollution and that is a big problem because we know that, if you do not have targets for reducing something, it is likely to not get done. If we are going to clean up our toxic air, this Bill has to set binding targets.

The sources of air pollution are widespread: industry, transport, buildings and agriculture are all major contributors. We have to understand how each of those can be cleaned up and improved, not just for all of us who breathe it in in the cities, but for farmers who also experience a huge amount of pollution in their daily lives.

Air pollution has been found to cause death after a coroner ruled it was a cause of death for Ella Adoo-Kissi-Debrah. I pay tribute to Ella’s mother Rosamund, who campaigned and fought for so many years to reach this verdict. Ella is the first person to ever have air pollution as a cause of death and it is now official that Ella’s painfully cruel death was unnecessary, preventable and should never happen again to any child or adult. If the Minister is in any doubt about putting targets on air pollution into this Bill, I urge him to meet Rosamund, who fought a fantastic campaign virtually alone when she was suffering immeasurable grief from losing her eldest child. I think he would be convinced and would take it back to the department to insist that we put targets on air pollution into this Bill.

The coroner in Ella’s case said that

“there is no safe level for Particulate Matter”

in air and recommended a reduction in the national pollution limits to bring them into line with World Health Organization guidelines, which is exactly what my Amendment 29 would do. It would hook air pollution targets to the latest WHO guidelines and require the targets to be updated as the science develops. I believe this is the only safe way to proceed and the only way to be true to Ella’s legacy, so that no more children will die from choking on toxic air.

Agriculture Bill

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[Lord Whitty (Lab) [V]]

My Lords, I am speaking to Amendment 78 and I need to make it absolutely clear that I intend to seek the opinion of the House on it when we reach it. I am very much indebted to the noble Baroness, Lady Finlay, for her support and her indication that she will back my amendment. She has made a significant part of my case by identifying the medical impact of exposure to pesticides and the doubts about the authorisation process.

I also thank my co-signatories, the noble Baronesses, Lady Bakewell and Lady Jones of Moulsecoomb, and the noble Lord, Lord Randall—demonstrating the cross-party support for this vital but very simple and specific amendment.

I should also thank the Minister for the meeting to which the noble Baroness, Lady Finlay, referred. It was useful but we did not agree. As the noble Baroness said, it appears that the department’s line is that there is no need for the amendment because, under EU law now transposed and retained in UK law, the Government already have the discretion to come forward with such regulations. Leaving aside the fact that they have not done so over the 11 years since that law was put in place, on closer examination that assertion appears to be only partly true, and from January, as the noble Baroness, explained, it will not be true at all. We therefore need to put such a provision in this legislation.

In this amendment we are addressing the effect of pesticides on human beings—on those who are exposed to doses of chemicals not designed for humans and in many cases, particularly among residents, on those subject to multiple exposures to multiple chemicals. We want to see a regulatory framework imposing minimum distances between the buildings in which people live and which the public frequent, and the spraying operations of pesticides.

Regrettably, we are not talking about unusual events. Most of the harm comes from everyday tractor-based pesticide spraying at certain times of the year. Local residents, schoolchildren, members of the public visiting public buildings, medical facilities and educational buildings, and other bystanders are all vulnerable.

We have rightly spent some time on this Bill talking about protecting wildlife, biodiversity, farm animals, watercourses and soil from harmful effects of agricultural practice. This amendment is a vital but limited step in the right direction to protect human beings—primarily, residents in rural areas—by requiring spraying to be well away from homes, public buildings and places where the public are congregated. In particular, it moves towards protecting those who live, full-time, adjacent to crops that are subject to blanket applications and those who attend public spaces adjacent to such fields. As I have said, this is a very simple amendment. It requires Ministers to come forward with regulations establishing a minimum distance between such applications and the buildings.

The noble Baroness, Lady Finlay, has spelled out the terrible damage that can be done to humans by ingesting chemical pesticides directly into the lungs and bloodstream. Regrettably, pesticides—including some still used on UK farms and elsewhere—on their own or in combination, can cause the breakdown of the immune system and can poison the nervous system, and can cause cancer, mutations and birth defects. The noble Baroness has convincingly spelled that out.

Noble Lords will have received materials from campaigners on this issue, including from the redoubtable Georgina Downs, who has dossiers on rural families who have suffered. In Committee, I cited just a couple of those testimonies; I will now share a couple more. Chris from Sawtry said:

“We have farmers spraying near our home and school. The fumes cause headaches, dizziness and burn the throat.”


Victoria from Curry Rivel said:

“I have witnessed crops being sprayed just metres from my Daughter’s rural school and have had signs of chemical scorching on our fruit trees in our garden … Just meters from my Daughter’s sand pit!”


As I said in Committee, manufacturers rightly and responsibly label their pesticides, insecticides and herbicides with warnings, such as “Very toxic by inhalation”, “Do not breathe spray” and “Risk of serious damage to the eyes”. Farmers and farmworkers are advised under health and safety laws, and by manufacturers, to wear protective clothing, and most do so—but residents are not so protected. Guidance to users that they should inform residents, and that the chemical used should be clearly identified, is very frequently ignored and pretty well never enforced. Ministers and others have lauded the UK pesticides regime as one of the best in the world, but it is wrong to say that it, or the EU system, is safe. In particular, they are not protecting those who live close by.

This amendment would have the effect of protecting members of the public from hazardous health impacts near buildings. It is a simple, straightforward amendment requiring the Government to come up with minimum distances from the application of such pesticides. It is best to leave the precise distance for consultation and scientific measurement, but let us today establish the principle. My amendment is a very small but vital part of the journey to protect our rural populations.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Whitty, and of course the noble Baroness, Lady Finlay. I support these amendments wholeheartedly. I would like to speak at length about them, but I will keep my remarks quite short so that we have plenty of time for a vote.

It seems strange that in America, Monsanto—or rather the new company, Bayer—is paying out $10 billion to settle tens of thousands of claims that Roundup causes cancer, yet it still claims that this a perfectly healthy product, does not put warning labels on the product and says that it is safe. It strikes me as very strange that anybody could deny that this amendment is necessary.

The amendment does not do what I would like it to do—that is, ban all pesticides from 9 am this morning—but it protects the more vulnerable people in our country. In particular, it protects children in schools, childcare settings and nurseries, people in hospitals, and people in any building used for human habitation. It seems such a sensible amendment—I do not know why the Government do not see that it is necessary.

I urge all noble Lords to please vote for this and make sure that the Government get the message very clearly.

Agriculture Bill

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

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

[Lord Whitty [V]]

My Lords, earlier in this Committee stage, a number of noble Lords—I remember, in particular, speeches by the noble Lord, Lord Wigley, and the noble Baroness, Lady Finlay—spoke movingly about the impact of pesticides on human beings and the distress that it had caused. I thank them for that. I also thank my noble friend Lady Jones of Whitchurch, the noble Lord, Lord Randall, and the noble Baroness, Lady Jones of Moulsecoomb, for co-signing what is clearly a multiparty amendment.

The amendment is a vital but limited attempt to protect residents in rural areas from exposure to the spraying of pesticides and herbicides by requiring spraying to be carried out well away from homes and public buildings and from spaces where the public congregate. I am well aware that there is a wider background to this, which I will partially comment on, and it can be quite controversial, but this amendment is straightforward and, as such, I hope that it will be adopted by the Government at the end of this debate.

Much of the Bill is about the protection of wildlife, the health and welfare of farm animals, biodiversity, plant conservation, and water and air quality, but there is little recognition of the terrible damage to humans of ingesting chemical pesticides directly into their lungs, eyes and bloodstream. Many chemicals used in agriculture, including on UK farms and elsewhere, can, on their own or in combination, cause the breakdown of parts of the human immune system. They can poison the nervous system and cause cancer, mutations and birth defects. Rural residents are well aware of the problems. Campaigners on this have dossiers on rural families who have suffered, and I shall give your Lordships a couple of examples of the testimonies.

One is from a woman in the countryside in the north of England:

“I have brought up my family of three next to a frequently sprayed arable field. On many occasions, the spray has gone over the children as they’ve played. It has covered our washing and gone through our windows. We are long-term tenants on this land, yet we are treated as if this has nothing to do with us. We do not know what these chemicals are, only that the farmer, when mixing them and pouring them into his tank, wears full protective clothing and then sits in a protected cab.”


Another says:

“I live in a rural area and have done all my life. The spraying of crops has been carried out almost daily. I suffer from two chronic diseases, one of which is likely to be fatal.”


Another resident says:

“My neighbour sprays so close we can sometimes feel the drops on our faces and there is nothing we can do. My children are at risk.”


However, there is something that we can do. At the moment, manufacturers, rightly, attempt to label their pesticide, insecticide and herbicide products with warnings. These comes in various forms, with labels saying “Very toxic by inhalation”; “Do not breathe spray, fumes or vapour”; “Risk of serious damage to the eyes”; or “Harmful: possible risk of irreversible effects through inhalation”.

Farm workers are covered under health and safety laws and by manufacturers’ advice to wear protective clothing, and most do so, but residents are not so covered. Guidance has been given to users that they should inform residents in advance of spraying and that the chemicals used should be clearly identified and communicated to residents. That advice is normally ignored and pretty well never enforced.

Ministers and others have, in debate on this Bill and elsewhere, lauded the UK pesticide regime as one of the best in the world. Frankly, that is not a great accolade given the exposure of whole populations in much of the world to pesticide damage, as recent reports by the United Nations have emphasised. It is wrong to claim that the EU or UK systems are safe. In particular, they do not protect those who live close by.

When I more or less did the Minister’s job 20 years ago, I inherited the responsibility for pesticides, and I was concerned then about the degree to which the pesticide industry influenced the regulatory structures, and particularly enforcement. There was a degree of producer capture, and that anxiety has not gone away. Now that we are so-called free of EU regulations, there is a danger that that influence will grow further and that the lives of residents in the UK will be less safe. There have been occasions when the UK has been the country least keen on EU regulation in these areas. Whereas in most of the Bill, and in most of the Government’s vision for the future of agriculture, we are trying to go further than the CAP straitjacket in order to protect the environment and animal health, there is a danger that we will relax the pesticide regulations. However, we should be adopting strategies that enhance protection.

The amendment would at least have the effect of protecting residents and the public from the hazardous health impacts of spraying near buildings and spaces used by the public. As I said, it is in a sense a relatively small step, but it is absolutely vital for those families and populations. Ultimately, we need to see a longer-term strategy to develop non-chemical methods of crop protection, but this is an improvement that we can impose now, and one which should be part of the Bill.

Crucially, it establishes the principle that there must be minimum distances between pesticide spraying and occupied buildings. The details would be subject to wide consultation and to secondary legislation. A number of noble Lords have asked me why we do not specify the distance in this primary legislation. As we know, there will be some discussion about that and it would be normal for the details to come in regulations. However, there will be differences of opinion between farmers, manufacturers and campaigners for rural residents, and it is best that the precise distance is left for consultation and scientific measures. I myself would be inclined towards a substantial distance, but there will be other views about the practicality of that.

Tonight, let us establish, as part of the Bill, the very basic principle that human life and human health are protected and need to be protected. In the longer run, we need a proper strategy to reduce and eventually eliminate chemical pesticides, or at least the wholesale use of them, and to replace them with non-chemical forms of plant protection. However, that is a wider issue. Immediately, we need to protect the rural residents who are at risk. My amendment is a very small but vital part of the journey and I hope that the Government will be prepared to accept it, either this evening or on Report, for the sake of those rural residents who feel, and are, unsafe, and the many who have been distressed by the impact of pesticides on them and potentially on others. I beg to move.

[Baroness Jones of Moulsecoomb [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Whitty. I have signed his amendment, which he has explained extremely eloquently. I also support—although I have not signed—the other amendment in this group, because both recognise the harmful effects of pesticides on human health and the health of our wildlife and countryside. This comes just days after Monsanto/Bayer agreed an out-of-court settlement of $10 billion in compensation to farmers who claim that Roundup caused their cancers.

Agricultural chemicals is a huge industry, and big agri-businesses are spending billions of dollars to avoid a court finding that their products cause cancer and other health problems. These two amendments are common sense when it comes to protecting our health and that of our countryside from these dangerous chemicals. Banning the application of pesticides in areas of human habitation, work and education will directly protect people from their toxic consequences.

Amendment 226 would help us shift more broadly from pesticide use towards alternative farming practices. I look forward to hearing the Minister’s response, and I would be very happy to work with noble Lords to bring these amendments back on Report, because they need to be included in the Bill.

European Union (Withdrawal) Bill

Debate between Baroness Jones of Moulsecoomb and Lord Whitty

Report: 2nd sitting (Hansard): House of Lords
Monday 23rd April 2018 Lords Chamber

[Baroness Jones of Moulsecoomb]

I think it is obvious that I rise in support of Amendments 27, 28 and 41. In Committee, there were so many noble Lords who wanted to put their name to the amendment that I was not able to. Of course, they have my wholehearted support and I agree with everything that has been said so far. The Government are well aware that the public care very much about the environment these days, and not accepting this amendment will be a real problem for the Government. They will hear a lot from the public.

I was speaking to a Conservative Peer last week, and that Peer was shocked and surprised that the Government were not bringing over all EU law into UK law as they promised. I shall save that Peer’s blushes by not revealing a name. I then asked that Peer if they ever listened to anything I said in the Chamber, and they said no. But the point is that that person was shocked because it was believed that the Government would honour their promise to bring over all EU law, but they are not doing so. I do not want to go on again about that, but I feel very cheated, quite honestly, and the Government have to understand just how angry they have made a lot of people who voted to leave. They feel cheated as well.

I have to repeat the very serious point that, of all the issues that lose out with this Bill, the environment is the biggest loser, and we have to make changes to the Bill to make sure that that does not happen. The EU’s environmental principles and standards are the cornerstone of environmental law in this country. Successful legal challenges have been brought, and there are ongoing cases in our courts that seek to apply the environmental principles further. As the Bill is currently worded, we risk losing huge chunks of environmental law and the crucial enforcement role currently undertaken by the EU. The Government have admitted that there will be a problem when we leave the EU. The Secretary of State for the Environment seems to be promising a new Bill every week, in stark recognition that a wide field of environmental law must be retained and improved.

We were promised an update on the consultation before Report, and we have not had it—another broken promise. The consultation is supposed to feed into a Bill that is supposed to make sure that there is a new body. I have the list of EU Bills here—the guide to EU exit Bills—and I cannot see that Bill on the grid, so where is it? It is already going to be incredibly difficult to produce all the Bills that have been promised and get them through before exit day. I simply do not believe it can be done; the Government would have to perform a miracle, which is not something they are famous for. The consultation could anyway lead to nothing, or to a much weaker, unsatisfactory proposal. We just do not know.

These are not special interest amendments, trying to get something better than what already exists. They do nothing more, and nothing less, than ensure that environmental law in our country will be the same on 30 March as it was on 28 March. This is the seamless transition to which the noble Lord, Lord Inglewood, referred. The Government have had the opportunity to address all our concerns but so far they have chosen not to. They have left this House with no choice but to amend the Bill yet again.

[Lord Whitty (Lab)]

My Lords, Amendment 41 is in my name and those of the noble Lords, Lord Judd and Lord Wigley. I had a dilemma as to whether I should group it with these other amendments or return to a list of agencies to which the UK is at present a party and which are important in enforcing laws on the way we trade and on how our industrial and agricultural processes work. I have been banging on about the post-Brexit relationship between the UK and the EU agencies from the beginning of this Bill and I have yet to get a satisfactory answer from the Minister or any of his colleagues on how they see relations with those agencies—if at all—beyond exit day or, indeed, into the transition period. A slightly higher authority has given me a bit of a hint. The Prime Minister herself has said that we need to maintain a relationship with, for example, the European Chemicals Agency, which is referred to in this amendment.

My amendment interrelates with Amendments 27 and 28. If the independent environmental body to which Amendment 27 refers has full scope; if it is genuinely independent, as my noble friend—ex-friend—Lord Smith underlined; and if it has the powers of prosecution of other public bodies, which is vital, it will be able to replace some of the powers which are currently within the Commission and other European agencies. However, we do not know what that body looks like. As the noble Baroness, Lady Jones, said, it was hinted pretty heavily that the basis of that body, at least, would be presented to the House before the end of the Bill. It is vital that the Minister gives an indication tonight, and a detailed report prior to Third Reading, as to what that body looks like and whether it can actually fulfil the functions currently fulfilled by European agencies, some of which are referred to in my amendment.

This is not just a question of how the UK manages its own environment beyond Brexit. Every bit of industry, and every one of our agricultural and land-use processes, has an important trading dimension with Europe. Hitherto, the standards, and how they are enforced, have been set by Europe. In some cases, this is by particular agencies, in other cases by the Commission. It is therefore not just that this sceptred isle will have a Michael Gove-type, high-powered environment agency to oversee what happens within these shores, but that almost everyone within them trades with the outside world one way or another. The environment does not respect boundaries.

An example is our arrangements for, for example, the chemicals industry and the REACH processes. The European chemicals industry could not function without that being centralised at European level. Many of the companies concerned are multinationals which transfer substances internally within the countries of Europe and follow European standards. The same is also true of many other sectors. The agencies listed in the amendment need an effective replacement which also has a continuing relationship with the agencies of the remaining 27 EU countries. Since the beginning of the Bill, I have asked the Government how those relationships are going to operate.

The Prime Minister, in her Mansion House speech, said that she was looking at associate membership. That is an important move, but will not necessarily deliver us much influence. Generally speaking, associate membership in European institutions does not give you a vote. It is therefore important that we have a clear idea of what the relationship will be with these agencies here and with many others of the 40-odd agencies that exist within Europe, some of which I will return to later in the Bill. It is also important that we have a relationship which replaces the Commission’s power to enforce—for example, on air quality and on land management standards, partly through cross-compliance against CAP payments, which is a pretty effective form of enforcement. Unless we get answers or at least the outline of answers as to how that will happen after Brexit, I am afraid we will have to return to these matters. Tonight the Minister needs to spell out how that will happen.