Environment Bill

Baroness Jones of Whitchurch Excerpts

Report stage
Monday 13th September 2021 Lords Chamber

Moved by

[Baroness Jones of Whitchurch]

40: Schedule 9, page 188, line 39, leave out paragraph (b) and insert—
“(b) are made of plastic or any other single use material, and”Member’s explanatory statement
This amendment would broaden the proposed power in Clause 55 to enable regulations to be made about charges on all single use items, including plastic. This would provide a tool for Ministers to address single use culture and prevent existing materials being replaced by alternatives which cause similar levels of environmental harm.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am moving Amendment 40 in my name and that of the noble Viscount, Lord Colville of Culross. This amendment broadens out the powers in Schedule 9, which currently allow charges to be levied against sellers of single-use plastic items. Our amendment would make it clear that a new charging regime should be for all single-use materials, not just plastic. It would ensure that single-use plastics are not simply replaced with other single-use materials that also cause environmental damage.

This is a simple but important amendment. It goes to the heart of the throwaway culture. There is a real concern that an inability to charge for single-use alternatives to single-use plastic might see the market switch to those alternatives rather than driving down consumption. We have seen evidence that the switch from plastic to single-use alternatives made from wood, paper or compostable materials is already happening, even when reusable options are already available. Far from helping to save the planet, these materials risk adding to our carbon emissions and depleting precious materials and forests elsewhere. For example, the Green Alliance has already calculated that switching consumption of plastic packaging to other materials used for packaging could triple carbon emissions.

These concerns were echoed by the businesses involved in the Aldersgate Group, which have written to noble Lords to say that the risk of plastic substitution in the Bill, as written, could undermine the drive towards a more circular economy and ending the throwaway society. The Commons EFRA report of 2019 concluded that

“reduction is the most important way to reduce waste, and … A fundamental shift away from all single use food and drink packaging, plastic or otherwise, is vital”.

We believe that the current wording in Schedule 9 is flawed and will encourage behaviours which the Government have not intended. If the Government are serious about resource efficiency and the circular economy, they must address this anomaly.

In response to a debate in Committee, the Minister stressed that plastic was a particularly pernicious material which persists for hundreds of years, and that this is why particular measures were necessary to address its unnecessary use. Of course we recognise that, but these provisions, as they stand, address only one element of the problem and do not address the inevitable move towards substitution which is bound to occur when charges for single-use plastics are introduced.

The Minister has also said that the Government already have wider powers to tackle alternatives to plastic through other measures, such as the extended producer responsibility scheme. But as we debated in Committee, the introduction of the extended producer responsibility scheme is already delayed, with the first such scheme on packaging already two years behind. Would it not be easier and more straightforward to introduce this simple amendment, which is properly scoped and provides for a precise power?

It is also worth noting that the delegated powers memorandum says of Clause 54:

“While these powers would be new, the provisions are modelled on existing powers to make regulations about carrier bag charges”.


Nevertheless, it stresses that these are new powers. Our amendment would simply extend these powers to all single-use materials.

In a previous debate we highlighted the need for a holistic approach to tackling the throwaway society and encouraging reuse of materials. This is exactly what is needed here, and it is what our amendment would achieve. I therefore hope that the Minister will reflect seriously on our amendment and commit to bringing back a government amendment along these lines at Third Reading. But if he is not prepared to make a concession along these lines, I give notice that I am minded to press for a vote on Amendment 40.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Baroness on bringing forward the amendment, and also my noble friend the Minister for the work that the Government have done in this regard. May I take this opportunity to press my noble friend on one issue? The Government have been quite clear on single-use plastics and a potential returnable bottle scheme, as well as cotton buds. I am not clear what the position is on wet wipes, which I know cause huge problems for water companies and can block cisterns quite badly. Another growing problem, which may not be addressed by this amendment but appears elsewhere in the Bill, is fat balls from cooking that uses large amounts of fat. Where are we are on those issues?

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We will use an evidence-based approach to determine which material has the most significant environmental impacts and where we should consider further bans. This could include plastic, but it could also include any other material. In the round, the Bill—in addition to existing measures—provides us with the policy apparatus that we need to get very tough with the reckless use of resources. The area we are discussing today, however, relates to specific powers to tackle single-use plastics and all the unique problems that they cause. In the light of this, I beg the noble Baroness to withdraw her amendment.

[Baroness Jones of Whitchurch (Lab)]

My Lords, since we have raised the subject of the Telegraph, I want to add my quick twopenneth to that. I thank the Minister for what he said. I think we are all pleased to hear that he disassociated himself from its comments, because it is fairly clear to everyone involved in the Bill that we have been dealing with it in good faith and that nobody is trying to score any political points. I would also say that we are working to a timetable that the Government themselves set, and there is indeed plenty of time if we work together to get the Bill through in time for COP 26. We all understand the advantages of that, but we want to go there with a Bill that we genuinely feel proud of. I think that that is what everyone here is attempting to do.

I thank all noble Lords for their comments. My amendment is very simple and is about substitution. Businesses themselves are beginning to flag up and identify their concerns about that. That is why they have written to noble Lords on this subject, because they are seeing that this is the likely conclusion if we focus just on plastics. As noble Lords have said, there is a real danger of unintended consequences if we are not careful, so let us make sure that we drive down the use of single use overall. That is the way to deliver a reduction in consumption. We will do that only if we have a consistent approach across the board.

Either the powers already exist to deliver the ban on not only single-use plastics but other materials, in which case I do not quite see why Schedule 9 has been put in the Bill in the first place, or new and more simplified powers are needed, as per Schedule 9, in which case that is what we are attempting to do: to add our amendment to that schedule to make sure that the powers apply equally to plastics and plastic substitution. We have rehearsed the arguments as to why that is very well. So if we are in favour of the circular economy and reducing consumption, one step towards doing that is by supporting our Amendment 40. I therefore would like to test the opinion of the House.

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[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I beg to move Amendment 53 in my name and shall speak to Amendments 52 and 123. All the amendments deal with different poisons that should be banned, or at least controlled. I thank the Bill team for its time and useful briefing on Friday. We have debated at length the impact of pesticides on both the population and pollinating insects during the Agriculture Bill and in Committee on this Bill. The noble Lord, Lord Whitty, spoke passionately, as always—as did others—about the impact of pesticides on humans unfortunate enough to be in the vicinity of spraying. That is a serious matter, and I hope that the Minister will have concessions to offer the noble Lord and other signatories to that amendment. The noble Baroness, Lady Boycott, gave the excellent example of the promotion of DDT. There should not be another example similar to that witnessed with the use of organophosphate sheep dips, when it took a huge campaign on the part of those affected before the substance was banned. Pesticides have detrimental effects on humans, and the Government should acknowledge that.

I now turn to Amendment 53, relating to the effect of pesticide use on pollinators, particularly bees. I am grateful to Buglife for its briefings. I am sure the Minister will refer the House to the integrated pest management strategy, which covers some of the ground. However, this does not provide the safeguards needed. The widespread use of neonicotinoid pesticides resulted in a reduction in the overwintering success of honey bee hives, significant declines of 40% in wild bee species studied and was implicated in butterfly population decline. This resulted in reduced pollination services and crop yields. However, despite the acknowledgement by the then Minister in 2010 that the pre-approval tests for pesticides were inadequate to protect pollinators, and the production in 2013 of a testing guide document by the European Food Safety Authority, the UK has yet to introduce any new tests to help ensure that future pesticides are pollinator-safe. In order to comply, an independent, competent authority is needed, as detailed in proposed new subsections (1) to (4) of Amendment 53.

I acknowledge the national action plan on pesticides and its aim to reduce the need for chemical pesticides, but it does not mean that they will be phased out. The Future Farming scheme will help with transition to a non-pesticide control, but this is yet to have effect.

The public are passionate about bees. One needs only to see the many products on sale with the symbol of bees and their honeycombs to acknowledge just how popular they are. Those can range from miracle face creams through to cushions and scarves, from socks through to high-fashion items, kitchen utensils and even furniture. There is also the huge popularity of honey—a truly natural product. The bee is popular, and the public wish it to be protected and wish to be consulted on anything which might have an impact on pollinators. This amendment ensures that that could happen.

The noble Lord, Lord Carrington, has referred to a 30% to 40% reduction in crop yield if PPPs are not used, but if crops are not pollinated because of the decline in pollinators, there is likely to be a similar loss in yield.

With reference to proposed new subsection (9), the devolved Administrations have a significant role here, and the Minister should consult them. Authorisation of use includes derogation. As a nation, we must strive to avoid a similar circumstance to where a Minister, overriding the advice of his officials, authorises the use of glyphosate-based herbicides, which can cause high levels of mortality in bumblebees. This came to public attention only due to an FoI. The public need to have confidence that the Government will do the right thing.

Different groups of pollinators are affected by pesticides in different ways, so it is important that a range of pollinators is included in the pre-approval testing process. This amendment would ensure that tests are undertaken on acute and chronic effects on honey bees, bumblebees, solitary bees, butterflies and hover-flies, but also that independent science relevant to any pollinator is considered.

I regret to say that, despite the assurance of the noble Lord, Lord Carrington, that everything is tested, on Friday, officials said that it was impossible to test everything. The various mixtures of chemicals—the so-called cocktails—are unlikely all to be tested. There may be a shift to less toxic mixtures, but insufficient research on their effect has so far been done, and it is important to protect honey bees and wild pollinators.

Turning briefly to Amendment 123, in the name of the noble Lord, Lord Browne of Ladyton, who spoke passionately about it, phasing out the use of lead ammunition has been slow. In Committee, we heard powerful evidence of the effect of lead poisoning on the health of both children and adults. No matter how careful you are in the preparation of game for the table, lead shot often escapes notice and is unwittingly eaten. I was very interested in the example given by the noble Lord, Lord Randall of Uxbridge, of lead shot in millet. The noble Earl, Lord Shrewsbury, spoke from vast experience of shooting. Alternatives to lead shot are available. I fully support the transition away from lead to safer alternatives. This amendment, if added to the Bill, would ensure that that would happen sooner rather than later. I look forward to the Minister’s response to those three very important amendments.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I declare an interest through my involvement at Rothamsted Research. I thank all noble Lords who have spoken in a clearly very important debate. Amendments 52 and 53 tackle the pernicious effects that pesticides are having on our environment and on human and insect health. The amendment of my noble friend Lord Whitty once again raises the important human health implications of spraying noxious chemicals in fields next to residential and workplace areas. He asks that regulations should set out minimum distances from homes, schools and public places. We do not think this is an unreasonable request. As he said, at least farm workers have protective clothing and some sort of choice about their work environment, whereas local people have no choice and no information about what is being sprayed on particular days. As we have discovered in the past, the health implications of exposure to such chemicals can sometimes take years to be revealed, as the example given by the noble Baroness, Lady Boycott, of DDT, clearly demonstrated.

Of course we welcome the Government’s overarching commitment to reducing pesticide use. We see that there are considerable advantages to precision applications and integrated pest management for the future, but the very fact that the Government are taking those steps is an acknowledgement of the dangers of widespread pesticide use. In the meantime, until those techniques become commonplace, we should at least be taking steps to protect public health, and my noble friend’s amendment is one step towards doing this.