(6 years, 6 months ago)
Lords ChamberThe noble Lord hits on an important part of what we need to do. We are working on this; I have already had discussions with the Department for Transport, and I will continue to do so. We are very clear about the importance of this issue. One of the chief areas I am concerned about is invasive species, which is one of the key five environmental problems. What the noble Lord has said is extremely helpful.
My Lords, the Government have said repeatedly that they do not intend to water down the UK’s high environmental, welfare and food safety standards. It is a mantra that we all understand but, of course, the President of the United States and others have different views on all this. We need more certainty. Can the Minister clarify which Bill will be used specifically to confirm that commitment, and what is the timetable for putting it on the statute book? We need that certainty.
My Lords, as has been said, the Trade Bill is coming back before Parliament in this Session; that will be the opportunity for Parliament to give due consideration to this issue. It is important, as I have said and will continue to say, and your Lordships will perhaps not have to wait long to see the bona fides of what we have been saying: we have a good reputation and we want to enhance it. That is what is really important and in the national interest. We can be ever more prosperous by being a leading beacon for a low-carbon economy.
(6 years, 6 months ago)
Lords ChamberMy Lords, I welcome the Minister to the Dispatch Box this afternoon. I very much look forward to working with him on the many environmental challenges we will be dealing with and which face our nation at the current time. I am also grateful to the noble Lord, Lord Teverson, for the insight and clarity he showed in introducing these reports. He is right that this will be a big issue this year, and I think this is one of many debates we will have on the future of the fishing industry in the UK. I am also grateful to all noble Lords who contributed to the work of this committee and those who contributed to such an excellent and well-informed debate. It is hugely frustrating that the initial report took so long to be debated. I am therefore very grateful to the committee for the tenacity it showed in going back and repeating it all over again, just to remind the Government that this is an issue which needs to be addressed. Therefore, I am very grateful for the committee’s later report as well.
It is clear that the issues surrounding the impact of the discard ban are as relevant now as ever, particularly as we move towards becoming an independent fishing state. As a number of noble Lords have said, we are awaiting the reveal of the latest version of the fisheries Bill. I hope the Minister will be able to update us on the anticipated timetable in his response. As noble Lords will know, the original Fisheries Bill made considerable progress in the Commons before consideration was halted, perhaps in a move that underlines just how controversial this issue is likely to be. Nevertheless, it enabled my colleagues in the Commons to thrash out some of the key issues before us today, which I am sure will be running themes during consideration of the Bill.
At the outset, let me say that we support the introduction of the discard ban, but it needs to be one feature of a comprehensive sustainable fishing policy. This is an issue to which, so far, the Government have paid lip service but on which we are yet to see concrete action to deliver these promises. This is not an easy task, and I am grateful to my noble friend Lord Hanworth, who set out the long historic roots to this challenge. It is not an easy task and it is in many ways a cultural one. Noble Lords talked about the invisibility of some of these issues; I think that has made the challenge more difficult. However, it remains the case that overfishing is having a huge impact on marine biodiversity, and this is an issue we need to address.
As my noble friend Lady Young said, in the UK, just 59% of stocks were fished at or below sustainable levels last year. UK cod stocks have declined to critical levels due to overfishing and the EU Council of Ministers has continued to increase quotas in spite of the scientific evidence which suggests that it should reduce it. We welcome the fact that the Conservative manifesto specified that there will be a legal commitment to fishing sustainability and to the achievement of maximum sustainable yields. We believe that the fisheries Bill could provide a once-in-a-lifetime opportunity to start fresh and create a truly world-class sustainable fisheries policy. However, we believe that the previous version of the Bill failed to meet that ambition.
We believe that our fishing needs to be sustainable both environmentally and economically. These objectives are not in conflict with each other. If we do not have a truly sustainable fisheries policy, we will not have the fish, which means we will not have the fishing fleet, processors and industry which sustain our coastal communities. Noble Lords have quite rightly identified the social and human cost of a failed fishing policy in those coastal communities. We can reverse that declining sustainability, but it would take a much more imaginative reallocation of quotas, in essence rewarding those who demonstrably meet our ecological criteria. For example, a greater share should be offered specifically in return for compliance with relevant regulations, participating in data gathering, transparent monitoring, the recording of catches and, of course, compliance with the discard ban. This is an opportunity that will come when we leave the EU.
We also need a serious plan to address the data deficiency, with investment in world-class science that can outclass the advice from the EU that we have previously relied on. This will help our fishing sector market more species at a sustainable level and boost demand for a greater variety of fish. This will work only if our science is indisputable and backed by a commitment to adhere to maximum sustainable yield calculations, which would need to be spelled out in the Bill. I would be grateful if the Minister could clarify whether this is the intention for the fisheries Bill.
In addition, I agree with the noble Lord, Lord Cameron, that there is a strong case for smaller boats to be given a greater share of the quota after Brexit. The small-scale fishing fleet generally uses more low-impact gear and creates significantly more jobs per tonne of fish landed than the large-scale sector. Noble Lords will know that, in the UK, the under-10-metre small-scale fishing fleet represents more than 70% of English fishing boats and 65% of direct employment in fishing. This is a sector we should support, providing it can demonstrate a commitment to a sustainable fishing strategy. I would be grateful if the Minister could address in his response the need to rebalance in favour of the under-10-metre fishing fleet.
These are some of the issues which we will want to explore when the Fisheries Bill comes to be debated here. They all relate to the challenges in implementing the discard ban, which the report addresses so clearly. Like other noble Lords, I was concerned at the degree of complacency in the Government’s response to the report, so I hope the Minister can update us on the latest position in implementing the ban since their responses were written—I hope he will provide slightly more optimism that the Government are taking this seriously.
The reality seems to be that no one knows what the level of compliance with the discard ban really is. It is not being properly monitored and we do not have sufficient surveillance technology in place, or sufficient inspection vessels at sea, to change the discard practices which have been going on for generations. I was shocked to read the evidence of Phil Haslam of the MMO, who said that he has access to only three patrol boats. I agree with my noble friend Admiral Lord West that we need a huge investment in new boats, equipment and staff if we are to enforce compliance effectively in our sovereign waters post Brexit. This is an issue for our own domestic fleet but, perhaps more importantly, for foreign vessels seeking to fish in our waters as well. When the Minister responds, perhaps he can update us on the plans for increasing that capacity.
I agree with many noble Lords that the quickest and most effective route to achieving compliance is the introduction of remote electronic monitoring, with cameras to produce full and verifiable documentation of UK catches and discards. I hope that the Minister will be able to set out in his response a clear commitment to the introduction of REM and a timetable for compliance with this technology.
Noble Lords have rightly drawn attention to the problems with mixed fisheries and the choke effect. Clearly, there needs to be some kind of flexibility, to help mitigate its impact while maintaining compliance with the quotas. However, like other noble Lords, I was slightly disturbed to read that the impact of choke species has been less than anticipated, again raising questions about the level of compliance with the discard ban. The truth is that implementing the discard ban effectively will always be an uphill struggle if the fishers themselves do not understand the intent behind it, or if they believe that the policy is unworkable in its current form.
The Government still have a massive job to do, not just to inform the crews of their obligations not to discard but to persuade them that it is a policy that will work in their interests. This requires a huge cultural shift, as noble Lords have identified, so it is the real challenge ahead. I look forward to hearing from the Minister how the Government intend to respond to that challenge.
(6 years, 6 months ago)
Lords ChamberYes. The intention is very much for this to go beyond what we had with the EU’s oversight. This will be with our domestic legal arrangements. This will concern public authorities, be they arm’s-length bodies or local authorities. The important point about our domestic system is that we will be able to locate and rectify and that, through its enforcement options, it will be able to rectify what needs to be rectified.
My Lords, on that issue, does the Minister agree with the Natural Capital Committee’s recent report, which went one step further? It recommended that Office for Environmental Protection’s remit should also cover the private sector and private landowners. Does the Minister have any views on that?
My Lords, I must say that the OEP is predicated on the responsibility of public authorities. Clearly, if, for instance, a water company or a private individual contravened a law, it would be for one of those public bodies to take action, be it the Environment Agency or whatever. The key point about this legislation is that it concerns the oversight of the Environment Agency or government or a local authority. There are already mechanisms in law where someone transgressing environmental law can be taken to task; this is about enshrining that local authorities can also be.
(6 years, 7 months ago)
Lords ChamberMy Lords, just to be clear, the first stretch of the path opened in 2012. I am in dialogue with senior officials at Natural England because, obviously, we wanted it to be finished this year. The Government granted a further £25 million to advance completion from 2030 to 2020. We want to keep up the pressure. I have set out very clearly the reasons for this delay; there is about an 18-month delay because of the court case and its implications for nature conservation designations. I am as confident as I can be, subject to any planning matters, that we will complete this.
My Lords, this is a fantastic initiative, started by the Labour Government and due to be completed by this Government in 2020. Does the Minister share my dismay that the deadline is slipping, and can he confirm that, despite the severe cuts that Natural England has suffered, it still has the resources to drive this project through to completion and deal with the outstanding legal cases it is now having to face?
Clearly, I am disappointed that we have not been able to complete it, but the truth is that there was nothing we could do about the People Over Wind case in Europe. It was legally court-required of Natural England to reassess those areas of the path that have European conservation designations. Nothing could be done about that. I am confident, having spoken to the chief executive and working with her officials, that everything is being done. The £25 million is there for them; they have spent about £22 million already and are within budget.
(6 years, 7 months ago)
Lords ChamberMy Lords, I am well aware that upland farming and sheep production in Wales are extremely important. That is why our lamb exports to Japan, China and India are a way forward. As the noble Lord has said, it is clearly a devolved matter. Defra has strong and good relationships with the devolved Administrations, particularly that in Wales, and we want the agricultural sector in Wales to be successful, as we want it to be in the rest of the United Kingdom.
My Lords, the Minister will know that many hill farmers rely on farm subsidies to survive, so can he clarify whether the Government intend to maintain the £3.2 billion cash pot that was previously available for farm support to the end of the seven-year transitional period that is envisaged, even if the pot is distributed in a different way? Will that overall pot be maintained?
My Lords, I take the opportunity of the noble Baroness’s question to speak of a manifesto commitment. We will guarantee the current annual budget to farmers in every year of the Parliament. I am very pleased that in December last year the Chancellor confirmed nearly £3 billion of funding for 2020. By way of a simplified countryside stewardship scheme that is coming in and through the pilots of the environmental land management scheme, we want a scheme flexible enough to work across England and all sectors, so that we enhance the environment and that the public good already being done by many farmers is properly recognised.
(6 years, 9 months ago)
Lords ChamberMy Lords, as I said, the interim arrangements would not apply under the description of events that I have, which is that we bring forward a deal, that deal is agreed and there is a withdrawal Act. As my noble friend said, that legislation is very important, and I am sure that during its passage it will be made absolutely clear that we intend to champion the environment. We want the highest possible standards and understand that the situation is grave. As to “adequate” and other measures, I am not a lawyer but I can only assure your Lordships that we are very determined to enhance the environment.
My Lords, can the Minister explain why the Boris Johnson version of the withdrawal Bill specifically left out the clause—known as the non-regression clause—which guaranteed that we would not fall below current environmental standards? Can he clarify what plans are now in place to reverse that decision and introduce legislation to give legal certainty on that issue? I know that the Environment Bill is coming our way, but will the precise issue of non-regression be in it?
My Lords, perhaps the easiest thing is to read out the Prime Minister’s text, in reply to a question precisely on non-regression:
“The crucial thing that will reassure her is that in the event of the EU bringing forward new legislation, we in this Government will bring forward an amendable motion so that the House may choose to match those standards”.—[Official Report, Commons, 22/10/19; col. 831.]
We are very clear. We are in the market not of non-regression but of moving forward. We need to enhance the environment. That is the predication of the OEP and the work of the Environment Bill whenever it comes forward.
(6 years, 9 months ago)
Lords ChamberNo, it most certainly is not, which is why we are bringing forward the environmental land management scheme as part of the post-CAP arrangements. It is why we have published the Green Finance Strategy and why more than 370,000 acres in England have been set aside for new wildlife-rich habitats. I could go on, particularly on the international stage. All of this is because we need to enhance the environment. We will always turn to the best scientific advice on pesticides and chemicals. Clearly, that is why we decided that neonicotinoids are not acceptable. We will take action if the science directs it.
My Lords, how can the Government claim to be protecting the natural world when the budget for Natural England has been halved and its staff numbers have dropped from 2,500 to 1,500 since 2010? What hope does it have in helping to rebuild our biodiversity when it does not have the funds or the support to deliver on its targets? What message does that send about how seriously the Government really take their promises on this issue?
I have been very lucky to work with Natural England—it does a great job, and I recently saw Tony Juniper. The United Kingdom’s contribution to international climate finance will double to £11.6 billion from 2021-25, a proportion of which will be for nature-based solutions. Yes, we have to work in this country, but turning around what the noble Baroness and the State of Nature talk about is a global problem. Our global spending is growing very considerably indeed.
(6 years, 9 months ago)
Lords ChamberTo ask Her Majesty’s Government what is their policy on farm subsidies after 2020.
My Lords, I declare my farming interests, as set out in the register. Continuity for farmers is important and 2020 direct payments will be paid in the same way as they are now. From 2021, there will be a seven-year transition to our new policy supporting farmers for the public goods they provide, in particular through their stewardship of the farmed environment. We will phase out direct payments, with the reduction starting in 2021. Financial support for farmers to increase their productivity and enhanced animal welfare will also be available.
I thank the Minister for that reply. I am sure he agrees that farming has a huge potential to reverse declines in biodiversity and to take carbon out of the atmosphere. But farmers are not clear about what will be expected of them and how a new payment system will work after 2020. The Government had previously pledged the same cash total in funds for farm support until the end of this Parliament, which was originally expected to be 2022. Given that the end of the Parliament is being brought forward, does that guarantee still stand? Is the operative date for full continuation of the payments now 2022 or 2025?
My Lords, clearly there will be a new Parliament. It will be for whoever is successful in the election to take this forward. This Government are very clear that farmers deserve support. The noble Baroness is right: with 70% of the land in this country farmed, the farming community is essential if we are to enhance the environment. Our intention is clearly to continue with the transition period. There will be tests and trials, and—this is important—we will be working with farmers to ensure a scheme that is straightforward and creates results.
(6 years, 9 months ago)
Lords ChamberMy Lords, I am as keen for action as my noble friend is and have asked similar questions myself. However, waste managers and local authorities will need time to install the necessary facilities and infrastructure, hence the start date, in its totality, of 2023. Currently, 100% of local authorities in England collect plastic bottles, and 78% collect plastic pots, tubs and trays. We can make progress already. We also agree that clear labelling is essential, and we will consult next year on final proposals because clearly, we must help to inform consumers better.
My Lords, may I push the Minister on this? The year 2023 seems a very long way away. It is not as though this is a new idea; it has been trialled and talked about considerably over the last couple of years. We need action on this now. There is huge public demand for action on tackling plastics, so why are the Government not able to move this agenda along more quickly? This is a really important issue that the Great British public care about.
I absolutely agree with the noble Baroness that we need to make progress on this issue. We have been stalling on recycling and need to do much better. But think of the materials that will be in this core set: plastics, glass, metal, paper, food waste and garden waste. For certain local authorities—one thinks of Newham, which, at 14%, has the lowest recycling rate in the country—we will have to ensure that they change their systems absolutely. I said that this will be comprehensive in 2023, but many local authorities are already undertaking good work on this.
(6 years, 9 months ago)
Grand CommitteeMy Lords, I, too, thank the Minister for his explanation, although I was disappointed in that he pointed out that there will be greater opportunity for scrutiny in future, as I assure him that my colleagues on the EU Energy and Environment Sub-Committee, including the noble Duke, the Duke of Montrose, scrutinise very carefully all the Explanatory Memorandums and everything else that comes through the department as does, I am sure, my colleague in the European Parliament, Mr Chris Davies, who is chair of the Fisheries Committee there. The scrutiny might be different, but it will be, I hope, as good as what we do at the moment.
That brings me to one of the items that we looked at in our committee meeting this morning, although it might seem slightly irrelevant: the Council regulation on fish stocks in the Baltic Sea, an area of European waters that has particular issues. I was interested in a comment made by the noble Baroness, Lady Jones, on the previous SI about dates, because that Explanatory Memorandum said that the UK is leaving the EU whatever the circumstances on 31 October 2019. I am not making a point on that. My serious point is that I note from the Explanatory Memorandum that this SI is necessary partly because the date of 29 March is no longer applicable. I would like reassurance that whatever date we leave—if we leave—we will not have to go through this process again; for example, if the date moves from 31 January to, say, 14 January, because Brexit gets sorted out earlier. Is this SI now robust in respect of dates?
I am grateful to the noble Lord, Lord Hodgson. He struck a key point in relation to the office of environmental protection, which was in the draft environment Bill but was, to a degree, amended to become more robust in the Environment Bill that will now be lost with the Dissolution of Parliament. Will the Minister confirm two things? First, when that body is established, will it include the marine area? I am almost certain that it will because the Bill mentions waters and so on, but I would like to understand that more clearly. Will the responsibility of the OEP extend to the territorial waters, the EEZ line, or, indeed, to wherever British fishing vessels fish, even in international waters? More importantly—this is exactly the point made by the noble Lord, Lord Hodgson—how long are we likely to have to wait until that body is established and what will happen in the meantime? How will we make sure that the decisions made post-Brexit by Defra are enforced and that, exactly as the noble Baroness said, Defra is not just marking its own homework.
It seems to me that our marine environment is as important as our terrestrial environment. On that theme, as the Minister will know, there is an overall target for all stocks in the common fisheries policy to be sustainable in terms of MSY by 2020. That is next year, and the rest of those stocks will be agreed, with scientific advice, in December this year. One of the cod stocks in the Baltic Sea is not at a sustainable level, so this principle has already been broken. If that is true for some of our own stocks in the North Sea and the western waters, will Defra actually change the stocks post Brexit—if that happens—to a sustainable level in the waters over which we have control, thus at least maintaining the government policy, as I understand it, to retain sustainability not just within a CFP context but in our own waters?
Another area mentioned by the Minister, which is in the Explanatory Memorandum, is regional management fisheries organisations beyond territorial waters and EEZs. Through the EU, we were signatories to a number of them, and I know that we are trying to rejoin a number of them, including the Indian Ocean Tuna Commission. The most important one is the North East Atlantic Fisheries Commission, an important if imperfect conservation organisation. Have we now joined it? Are we a member of that organisation so that we can participate in its actions?
As the noble Baroness, Lady Neville-Rolfe, said, enforcement is key to this. I entirely accept that the Government wish the landing obligation to remain, so that the discard ban will continue and will be enforced post Brexit. However, and I understand the questions here, traditional control methods do not work to stop discarding. Just having a fleet of vessels that plod around inspecting other vessels does not really work in terms of the landing obligation. I would be very interested to understand the Government’s position on this and whether they have started to move on remote electronic monitoring, which is the only tool in the box that really works for this challenge.
My Lords, I thank the Minister for his introduction to this SI and for organising a helpful briefing beforehand. I also thank all noble Lords who have contributed to this discussion.
At the outset I will say something about the overall content of this SI. I find it amazing that an SI dealing primarily with amendments to the common fisheries legislation also has buried away in it amendments to the transport of animals regulations. This is particularly irritating as we dealt this afternoon with a separate SI on animal welfare; it would have made much more sense to have included these amendments in that.
It is even more concerning since the Minister of State, George Eustice, stated in the other place that the Government had no intention of consolidating these SIs into a meaningful piece of legislation, which would have made more sense for those working in the sector and abiding by the rules. So do the Minister’s civil servants consult before issuing what seem to be random pieces of legislation that do not bear any connection? Does he agree that this is not the best way to go about making legislation that could be on the statute book for some time before being superseded by new primary legislation? While we are on the subject of primary legislation, can the Minister shed some light on when the fisheries Bill is likely to see the light of day? It might address some of the issues raised this afternoon.
My Lords, I am most grateful to all noble Lords for their rightly penetrating questions. I stress that the purpose of this instrument is overwhelmingly to ensure that we have the most up-to-date statute book. As I say, there are no policy changes in it.
My noble friend the Duke of Montrose and the noble Baroness, Lady Jones of Whitchurch, asked about devolution. The UK Government and the devolved Administrations have agreed that it is essential to maintain common approaches in a number of areas after we leave. We are therefore working together to develop a new UK framework made up of legislative and non-legislative elements. Clearly, the Fisheries Bill—which sets out shared objectives as a key legislative element—includes a requirement to publish a joint fisheries statement, which will be drafted jointly by the four Administrations and will contain policies that address these shared objectives. The policies in the joint fisheries statement will be binding. Non-legislative elements include a memorandum of understanding, which would build on the existing fisheries concordat and UK-wide quota management rules. We know that Parliament will be dissolved, so it is absurd for me to try to say when the Fisheries Bill will come back. This is another piece of primary legislation that, whatever the outcome of the general election, will no doubt have to be addressed.
My noble friend the Duke of Montrose and the noble Baroness, Lady Jones of Whitchurch, raised the issue of amalgamation consolidation. We all understand that EU law comprises a large number of regulations dealing with different areas. The purpose of the withdrawal Act SIs is to ensure continuity by making retained EU law operate correctly on exit. That is why—I choose these words carefully—no consolidation of the SIs themselves is planned. However, importantly, the National Archives has launched two new services. The first is a new EU exit website archive; the second is the addition of EU legislation to the Government’s legislation website, LEGISLATION.GOV.UK. This brings together the text of EU legislation and details of the UK corrections, as well as some additional features, including a timeline of the changes so far. We believe that these two services will help to aid legal certainty and support research in preparation for leaving. After we leave, the National Archives will maintain the EU legislation on LEGISLATION. GOV.UK, incorporating amendments made by the UK into the texts.
Can I clarify something? When we had the briefing earlier, we talked about there being almost a master version that people could access, even if it was not widely published. The Minister implied that this is not what the National Archives is doing. Can he clarify that there will be a master document that brings all this together and which is easily accessible for all stakeholders and businesses who want to access it?
Yes, I can. My purpose in reading out, “This brings together the texts of EU legislation and details of the UK corrections”, is precisely this: I think that we discussed it at earlier meetings and it makes common sense. The only way that I can understand any of this—my goodness me, we have done more than 180 of these—is to read the Explanatory Memorandum rather than the SI. Unless one has that amalgamation or consolidation, the SIs alone are very difficult to decipher. That is precisely why I read out what I did about the work that is going on: so that there will be clarity and understanding.
My noble friend Lady Neville-Rolfe asked about the all-important issue of enforcement. In England, our enforcement system is delivered by a number of agencies working in partnership—in particular, the Marine Management Organisation, or MMO, the Inshore Fisheries and Conservation Authority and the Royal Navy. Patrols are undertaken by the Royal Navy’s offshore patrols vessels, and physical checks and surveillance by the MMO, using a combination of monitoring systems including vessel monitoring, electronic reporting and data systems and remote electronic monitoring. Although the noble Lord, Lord West of Spithead, is not in his place, he and I went up to the MMO at Newcastle and had an interesting look at this. The noble Lord was particularly pleased because many of the officials were originally from the Royal Navy. There is a recognition that there will be an increase in control and enforcement capability, including increased personnel to train as warranted marine enforcement officers and act in support roles at the MMO, and greater levels of aerial and surface surveillance.
I should probably say that control and enforcement is a devolved matter. Nevertheless, Defra, the Scottish Government, the Welsh Government and the Northern Ireland Executive are working closely together to share information and ensure a robust approach to monitoring, compliance and enforcement across UK waters.