Repair and Reuse Programmes

Baroness Jones of Whitchurch Excerpts
Monday 14th December 2020

(3 years, 4 months ago)

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Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con) [V]
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One of the prime focuses of the waste strategy—as well as the Environment Bill, which will be coming forward shortly—is to move to a situation where we are not using materials that are not recyclable. We will be using a whole range of tools to achieve that. For example, we are introducing a landmark tax—I think it is a world first—on packaging that does not have at least 30% recycled content. We are introducing extended producer responsibility across a whole range of products which, given that they would have to take on the full cost of disposal, will strongly incentivise producers and manufacturers not to use materials that cannot be recycled. That principle applies right the way through our approach to tackling waste. Waste is increasingly becoming a direct financial liability; as a consequence, manufacturers will be more thoughtful with regard to what they produce and how they produce it.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, I want to return the Minister to the right to repair. What action do the Government propose to take in the Environment Bill against companies that deliberately design goods that cannot be repaired even when those repair facilities ought to be available? What specific proposals does the Minister have on that matter?

Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con) [V]
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That is exactly the focus of the work that we are doing. The purpose of the Environment Bill and the overall waste strategy is precisely to tackle “built-in obsolescence”—the problem that products are designed and sold with the view that they can only be thrown away and end up in landfill. As I said, no single policy lever can deliver the change that we need, and a whole ecosystem of changes is reflected in the Environment Bill and in our broader waste strategy. Combined, these will have the effect that the noble Baroness is seeking.

Convention on Biological Diversity

Baroness Jones of Whitchurch Excerpts
Monday 7th December 2020

(3 years, 5 months ago)

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Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con) [V]
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I agree with my noble friend. We will be spending a lot of public money on meeting our ambitions and targets for planting or restoring 30,000 hectares a year by 2025. It is essential that we use public money in a way that delivers the maximum possible solution. We do not want to see trees as just carbon-absorbing sticks; they have a crucial role to play in biodiversity, public enjoyment, flood prevention and enabling land to hold water better throughout the year. So yes, we want to deliver the greatest possible biodiversity and the best possible solution.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, given that the UK leadership team for COP 26 is an all-male affair, can the Minister assure us that the UK leadership team—not just the support staff—at the conference of biodiversity will properly represent the people of this country and will be gender balanced?

Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con) [V]
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I do not have the figures in front of me, but I would be willing to bet that the answer to the noble Baroness’s question is that simply on the basis of choosing the right people for the job, the gender balance as we prepare for CBD is as it should be and is balanced. I also take issue with her comments about COP 26. I cannot tell her that the team is entirely selected on the basis of the 50-50 gender balance that we aspire to, but the balance is a great deal more impressive than she may have read in the newspapers. I would be happy to provide those figures in writing in due course.

Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

Baroness Jones of Whitchurch Excerpts
Tuesday 3rd November 2020

(3 years, 6 months ago)

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Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, I thank the Minister for his explanation of the purpose of this SI.

The CITES international agreement is an absolutely vital protection for endangered wild animals and plants, as the Minister explained. We know that the trade across borders is worth billions of pounds. It covers exotic live animals as well as animal products and plants. Sadly, it attracts some of the most unscrupulous international gangs, which will readily flout the rules in pursuit of profit. So it is crucial that we have robust laws to ensure that the rules are properly enforced and that no loopholes can be exploited. So far, we on these Benches have supported the UK Government’s leadership on international co-operation with CITES, although we believe that they could have moved faster to enforce and expand UK laws to protect endangered species.

It is important that the regulations before us today are absolutely watertight. This is particularly important as the application of the Northern Ireland protocol opens up a new dynamic in border control. We do not want any minor discrepancies between the different regimes in Great Britain and Northern Ireland—and, by extension, in the single market—to unintentionally open loopholes that could be exploited by criminal gangs.

These regulations will make clear the separation between CITES as it will operate in Great Britain after the end of the transition period and the EU regulations that will operate in Northern Ireland. As the Explanatory Memorandum makes clear in paragraph 7.5:

“A consequence of the arrangements made under the Protocol is that CITES permits and relevant checks will be required for movement of CITES specimens between Northern Ireland and Great Britain.”


So I ask the Minister for more details about how he sees these checks taking place, following on from some of questions posed by the noble Baroness, Lady Parminter. Can he explain where the customs posts will be sited and how many border crossing points he envisages carrying out these checks?

This trade is specialised, and the smugglers are often very devious. The Minister has already explained that the customs staff carrying out this work have been appropriately trained, but can he reassure us that he is satisfied that enough staff will be in place for this responsibility? Also, are the staff newly trained or do they have experience of checking for endangered species elsewhere? Is that experience already there or are we talking about new people trying to tackle, as I say, very devious traders?

Can the Minister give an indication of how many cases Defra envisages will arise each year? Is it envisaged that the new customs checks will lead to delays? Given that we are talking about live plants and animals, has any thought been given to the welfare and preservation of these species? What protections will be provided?

Given that these regulations are due to come into effect on 1 January, which is only eight weeks away, what communication is envisaged to ensure that everybody who will be affected understands how the new protocol rules will be applied? Paragraph 11 of the Explanatory Memorandum states:

“Guidance will be provided … to clearly set out the actions businesses and individuals need to take to prepare for the end of the Transition Period”.


Has this guidance been issued, and does it specifically cover the CITES issues that we are considering today?

I will ask a couple of questions about the details of the regulations, following on from some of the questions about enforcement posed by ClientEarth in its written submission to the Secondary Legislation Scrutiny Committee and asked by both the noble Lord, Lord Randall, and the noble Baroness, Lady Jones. On page 4 of the regulations, and in subsequent references, the phrase

“after considering any opinion by the Scientific Review Group”,

is deleted, and it is stated that there will be a separate UK substitute. Can the Minister confirm that, whatever organisation the UK substitutes for the Scientific Review Group, it will have the same degree of involvement in decisions in the UK as the EU Scientific Review Group has?

On page 11 and elsewhere, the phrase

“a competent scientific authority of the Member State concerned”

is deleted, and the phrase

“the competent scientific authority of the United Kingdom”

is inserted. The change from “a competent” to “the competent” seems to imply that there is only one competent scientific authority in the UK. So can the Minister advise us which scientific body or bodies will provide this advice in future, and who will decide that on a case-by-case basis?

Finally, this is a consolidated SI, bringing together changes in several instruments that we have considered before, rather than amending each previous SI. The reason given is

“to make the legislation clearer and more accessible to all users.”

So far, so good—we support this approach—but can the Minister say when Defra decided to change its approach? Will this policy now be adopted for the future updating of SIs? Why was this approach not adopted earlier in the process, to avoid the consideration of SIs that will now not even be enacted? I look forward to his response.

Terrestrial and Freshwater Protected Sites

Baroness Jones of Whitchurch Excerpts
Monday 2nd November 2020

(3 years, 6 months ago)

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Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con) [V]
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The noble Lord makes an extremely good point. I am afraid I am not in a position to update him on the letter I provided most recently. However, I will take his message back to the department with a view to making progress and, as he said, cutting through the red tape and bureaucracy.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, what hope do we have of being able to deliver what is an unacceptably distant and unambitious target, when we do not yet have a comprehensive baseline of natural capital assets against which we can measure progress? When can we expect to see those baselines, so that we know that progress is happening?

Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con) [V]
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A number of pieces of work will help us to better understand the economics of biodiversity. One, as the noble Baroness knows, is the Dasgupta review, which we commissioned some time ago and is due to be produced very soon. She is right that we also need a more comprehensive audit or inventory of our natural capital in order to understand best how to introduce policies tailored to improving biodiversity. That work is ongoing. It is an enormous undertaking, and my department has been in discussions with the Treasury about working together to ensure that we are able and resourced to fill the gaps.

Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020

Baroness Jones of Whitchurch Excerpts
Tuesday 27th October 2020

(3 years, 6 months ago)

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Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, I thank the Minister for his explanation of this revised SI. I also thank the noble Baroness, Lady Parminter, for her contribution and very helpful questions. Obviously, we are keen to have in place a robust and comprehensive licensing scheme for the import of timber. As the noble Lord and the noble Baroness said, we are all too well aware of the devastation that can be caused by illegal logging on biodiversity and global attempts to mitigate the impact of the climate change emergency. It is good that the EU has taken a stand on this and it is important that we replicate the provision when we leave the EU.

The Explanatory Memorandum makes clear that the EU has entered into a number of voluntary partnership agreements with certain countries to implement a licensing scheme. Does the Minister believe that this licensing scheme is sufficiently widespread to cover all potential timber-exporting countries we might deal with in the future, or is it the UK’s ambition to expand the reach of these licensing agreements so that other countries become partners with us? If the EU makes new or improved licensing agreements after we leave the EU, is it the UK’s intention to mirror those new agreements in UK law as well?

The Explanatory Memorandum also makes clear that it is necessary to have slightly different provisions for Great Britain and Northern Ireland to respect the terms of the Northern Ireland protocol. It says that any voluntary partnership agreement entered into with a third country by the Government will automatically be extended to Northern Ireland, even though Northern Ireland will technically be subject to the EU regulations. So, following on from my earlier question, if the UK entered into a new agreement with a country that does not have an equivalent agreement with the EU, could the Minister clarify what impact this would have on Northern Ireland and the flow of cross-border trade on the island of Ireland?

Finally, I return to the vexed question of errors—and I am sorry to return to this issue. It is interesting that I call them “errors” and the Minister calls them “deficiencies”—we could argue on the head of a pin about the difference. Either way, when we debated the INSPIRE (Amendment) (EU Exit) Regulations on 9 September—which also was correcting a number of errors—I asked the Minister what lessons the department had learned from these recurrent mistakes and what processes had been put in place to overcome them. At the time, the Minister chose not to respond to those questions, so I am giving him the opportunity to address them today. Could he perhaps also write to me with the total number of Defra EU exit SIs that have already come into effect only for errors to be identified and revisions needing to be made? I raise the issue now because, as the Minister will know, we have a heavy couple of months ahead, with hundreds of pages of SIs still to be considered. The last thing that we want to be doing is correcting previous mistakes on top of that. Perhaps the Minister could therefore tell us what improved checks have been put in place to avoid that. I look forward to his response.

Baroness Pitkeathley Portrait The Deputy Speaker (Baroness Pitkeathley) (Lab)
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My Lords, I will try calling the noble Lord, Lord Bhatia, one more time to see whether we can connect with him. Lord Bhatia? No, we are still having trouble with the connection. I call the Minister.

Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con)
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I thank noble Lords who have contributed—or tried to contribute—to this debate today. The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 make no change to the existing policy to tackle the trade in illegally harvested timber. The Government’s 25-year environment plan sets out our continued commitment to protecting and restoring the world’s forests and to supporting sustainable agriculture. This instrument will ensure that we have the operable regulations we need to address this.

I begin by acknowledging the attempts by the noble Lord, Lord Bhatia, to contribute to the debate. I am afraid that I was not able to pick up on any of the questions or comments that he raised. I invite him to write to me after this sitting and I shall do my best to provide a written response to him on whatever issues he was planning on raising.

I appreciate very much the kind sentiments and support which the noble Baroness, Lady Parminter, expressed for this measure and for other measures that the Government are introducing against illegal forestry. This clearly is an important issue. The UK is a significant importer of timber and other forest products. As we know, deforestation contributes approximately 25% or 26%—although some put the figure at 30%—of the emissions that are contributing to climate change, as well as undermining the world’s biodiversity, contributing to the extraordinary levels of biodiversity loss that we have seen in recent years. It is also undermining those who depend most directly on forests; up to 1 billion people depend on forests for their livelihood. Deforestation is a global issue and a high priority.

I also thank the noble Baroness for acknowledging the work being conducted to extend the due diligence on timber and timber products to commodities. As she said, the Government have just finished consulting on measures that will introduce due diligence requirements on bigger businesses to ensure that, as they import commodities, they are not also importing illegal deforestation. The Government will respond to the consultation soon, but we are keen to avoid overlapping this regime with the timber regulations that we are discussing today. Timber and timber products are not in the scope of our current due diligence on proposals for forest-risk commodities. Our intention is to build an alliance of countries around the world—north, south, east, west; producer, consumer, rich and poor—committed to doing similar on commodities, with the view that we can theoretically flip the market in favour of forests being worth more alive than dead. It matters.

The noble Baroness asked whether we would, in any sense, end up in a weaker position on illegally harvested timber following the introduction of this SI. The answer is no. The UK timber regulation FLEGT replicates the EU regulations, so there is no reduction in any sense—of scope, application or enforcement. It makes no change to policy whatsoever. Our 25-year environment plan sets out our ambition to support and protect the world’s forests, not just to expand our own, as well as to support sustainable agriculture and work towards zero-deforestation supply chains. Our commitment in this area remains absolutely undimmed.

The noble Baroness raised questions on the situation in Northern Ireland following the passage of this instrument. As she said, officials are not yet able to provide a forensic answer to the question she raised. However, we will clearly have to, and will. We are in the process of resolving a number of operational issues with the European Commission and will clarify whether Northern Ireland companies importing timber can use only monitoring organisations on the approved and published EU list, and if Northern Ireland businesses will have to find other monitoring organisations from elsewhere in the EU. A monitoring organisation based in Northern Ireland would be able to operate in both Great Britain, under our regulations, and Northern Ireland, based on the technical notice.

The noble Baroness also asked whether the OPSS would be sufficiently resourced and whether I can provide that reassurance. I am happy to provide it: the regulatory body for Northern Ireland is the same organisation, the OPSS, and will be sufficiently resourced to undertake its duties in both Northern Ireland and Great Britain.

I move on to questions from and comments made by the noble Baroness, Lady Jones. I also thank her for her remarks, as this is important. She celebrated the stand the European Union has taken on this issue, and I join her in doing so. This is important legislation; I add only that the UK took a leading role in helping to craft it from the outset. A lot of the work that we are funding through what was the Department for International Development, and is now part of the FCDO, is enabling and helping producer countries to comply with those regulations. The UK Department for International Development, as it then was, worked closely with Indonesia, which is the first country to achieve recognised status, with considerable investment on our part. This investment is now being mirrored in other countries. I fully agree that this is a pioneering move by the European Union, and the UK can take credit for having driven this process through and ensuring that it is sufficient and, indeed, radical.

The noble Baroness asked whether our ambition for VPAs is sufficiently widespread. I think that was her question. It is worth saying that the countries that have signed VPAs with the EU so far include Cameroon, the Central African Republic, Ghana, Indonesia, Liberia, the Democratic Republic of the Congo and Vietnam. As I said, Indonesia was the first to reach the milestone of FLEGT licensing. VPAs with Guyana and Honduras have been initiated, and the countries currently negotiating VPAs are Côte d’Ivoire, the Democratic Republic of the Congo, Gabon, Laos, Malaysia and Thailand.

As I said, the function of this instrument is to make minor amendments to the Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations. As such, the replication of VPAs is not within its scope. We will be laying a separate instrument in January 2021 related to the FLEGT licensing scheme in Indonesia. This will list Indonesia as a partner country, which will allow Indonesian licences to be accepted under FLEGT regulations. Needless to say, our ambition is to ensure that, in due course, the global timber trade is covered by these or similar regulatory protections.

The noble Baroness asked me how many EU exit SIs have had to return as a consequence of errors. She will probably not be surprised to hear that I do not know or have the answer to that question. However, I will write to her and provide an answer. I will let her know exactly how many there are and include, in my response, the steps taken by the department to minimise the risk of such errors being repeated over the next few months. I hope I covered all the questions that were raised. If I did not, I apologise.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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There was one question I was not clear on, which is what will happen if, post January, the EU and UK diverge on voluntary agreements. I was thinking of the impact on Northern Ireland if the UK and EU were to have separate voluntary agreements with different countries. Was that envisaged or did we always intend to follow the EU’s lead on this?

Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con)
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I thank the noble Baroness for the question. Our ambition on this issue is no less than that of the European Union. We will clearly have to work together and fully intend to. This instrument does not change the 2018 exit regulations on which VPA applies in Northern Ireland, so the effect is that the UK VPA would apply. We are working on ensuring the operability of the agreement in Northern Ireland, alongside the protocols. There are questions that remain unanswered, but those discussions are happily with our European Union colleagues. There do not seem to be issues there that we will struggle to resolve, but discussions will need to continue for the foreseeable future.

Burning of Peat Moorlands

Baroness Jones of Whitchurch Excerpts
Wednesday 14th October 2020

(3 years, 6 months ago)

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Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con)
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I refer the noble Lord to an earlier answer I gave on wildfire risk, which he has raised again. I do not think anyone is proposing simply allowing the heather to continue growing uncontrolled. The alternative to burning is obviously cutting. The department has been looking closely at what the additional burden would be on business were cutting to be generalised. The total figure that the department has come up with is £500,000 per year for the sector. That is based on information provided to us by landowners and managers.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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If the Government have not found a way to table their own legislation to ban the burning of peat by the end of the year, will the Minister agree to work with us on a cross-party basis to deliver a ban in the Environment Bill, which comes to the Lords in the new year?

Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con)
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I would be very happy to commit to discussing and sharing the evidence we have with the noble Baroness, and to hear whatever ideas she has on this issue, but we are determined as a Government to achieve a solution through legislation and other means. I would be very happy to have those discussions with her at any time.

Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020

Baroness Jones of Whitchurch Excerpts
Tuesday 29th September 2020

(3 years, 7 months ago)

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Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, I thank the Minister for setting out the intention of this SI so clearly and thank noble Lords who have contributed to this short debate this afternoon. The issue of toxic air quality has long concerned Members from across this Chamber, from well before the Minister was able to join us. Our criticism has always been that the action being taken is too little, too late. That is why the Government have ended up in court on this issue on a number of occasions.

We now have a proposal before us that specifically takes action on fine particulate matter which arises from the burning of wet wood and bituminous coal. As the Minister said, this is known to be the major source of cardiovascular and respiratory diseases, including lung cancer. These proposals are acceptable as far as they go, but do they go far and fast enough?

Having read the SI and the Explanatory Note, as well as the debate in the other place, it seems to me that since the Government set out to tackle this health hazard, they have been busy scaling back and limiting their proposals. We have national and international obligations to phase out the production of PM2.5, which has been identified by the WHO as the most damaging air pollutant. According to the impact assessment, the Government are set to miss their legally binding target for a reduction of PM2.5 by 31 kilotonnes by 2030 if no action is taken. The Explanatory Note goes on to say that this instrument will abate approximately 9.37 kilotonnes in the year 2030. I hope the Minister will help me on this because, unless I am reading these figures wrong, we still have a huge gap in meeting our legal requirements, and indeed a huge mountain to climb to meet our international obligations on this issue. Can the Minister please clarify what proportion of our 2030 target will be met by these proposals? Can he tell us when we will see the remaining pieces of legislation that will make sure that we deliver properly on our national and international commitments? Is it also true that the Government published a more ambitious draft SI earlier in the year that has now been replaced by this version which includes longer delays for implementation?

I have a number of questions about the detail of the proposals. First, can the Minister clarify the open tender arrangements for appointing the certification body? This question was raised by the Secondary Legislation Scrutiny Committee and again today by the noble Baroness, Lady Bakewell. I have experience, in another life, of ombudsman bodies being appointed to businesses in the sector that have a clear, vested interest in the outcome of their judgments. Can the Minister assure the House that the certification body or bodies will be truly independent and not able to benefit from the products that they certify?

Secondly, the proposals understandably raise concerns about people living on low incomes who rely on solid fuels, particularly in rural areas. Does the Minister accept that these families need greater financial help to transfer the source of their heating from health-damaging to safe fuels? I agree with the noble Lord, Lord Mann, that we could be far more ambitious on this issue. Surely this is particularly pressing, given that, as the Minister has already acknowledged, those who continue to use these toxic materials threaten not only the health of their families but that of their neighbours and the community around them.

The Minister also made it clear, as is identified in the Explanatory Notes, that clean fuels are actually less expensive than traditional fuels once energy efficiency is factored in. In these circumstances, is there really a case for a delay in the coal-burning ban beyond that which was originally envisaged, particularly when there are healthy alternatives already freely available?

Thirdly, would the Minister like to comment on a letter I have received from a producer of smokeless domestic fuels, who points out that all the makers of smokeless fuels are UK based, while all the coal we use is imported? There would, therefore, be a benefit to UK businesses in making the shift to clean fuel more quickly. Finally, will the Minister again update the House on the timing of the Environment Bill? I know that we ask this question regularly, but I am going to repeat it. The Bill is languishing in the Commons and we now understand that it is not due to leave there until Christmas, so it will not begin consideration in the Lords until the new year. We need the Bill to be passed to make broader progress on the clean air strategy. As it already seems that it will miss the end-of-year deadline, we will be left with a regulatory gap on this and other issues. Why has it been delayed? What steps is the Minister taking to chase it up?

We are not going to oppose this SI, but I have to conclude, sadly, that it is a poor imitation of the kind of ambitious policies we need to clean up our toxic air and deliver on our WHO targets. I look forward to the Minister’s response.

Schools: Great British September Clean

Baroness Jones of Whitchurch Excerpts
Thursday 24th September 2020

(3 years, 7 months ago)

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Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con) [V]
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It is, of course, already an offence to drop litter, and councils have legal powers to take action against offenders. Anyone caught littering can be prosecuted in a magistrates’ court, which can lead to a criminal record and a fine of up to £2,500 on conviction. Alternatively, councils have been given powers to issue fixed penalties—on-the-spot fines of between £65 and £150—and we have recently published improved guidance to councils and others on the use of their fixed-penalty powers for littering and related offences. In addition, we have significantly increased the penalties for fly tipping.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, to follow up the question asked by the noble Lord, Lord Brooke, given that plastic bottles remain one of the main sources of litter, can the Minister clarify exactly when we will see the long-awaited bottle deposit scheme/

Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con) [V]
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The Government committed, in our 2019 manifesto, to introduce a deposit return scheme for drinks containers, and we are seeking powers in the Environment Bill to enable us to establish deposit return schemes. The Bill needs to complete its journey through both Houses, and I very much hope that will happen as quickly as possible. The specific details of a DRS will be presented in a second consultation in very early 2021.

INSPIRE (Amendment) (EU Exit) Regulations 2020

Baroness Jones of Whitchurch Excerpts
Wednesday 9th September 2020

(3 years, 7 months ago)

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Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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I thank the Minister for his explanation of this SI. He provided some welcome context for its stop/start history and updates. However, we remain concerned about its drafting given that, in addition to the version that expired when the election was called, another version of this instrument was laid in May and then withdrawn in June. Was that as a result of errors? If so, presumably those errors existed in the made SI agreed last year?

The Minister may be aware of our continuing concern about drafting errors and the lack of a robust scrutiny process to weed them out. This discussion has been ongoing during many of the debates on SIs that we have had over the past couple of years. If, as we expect, there is another rush of SIs to clear up before we finally leave the EU at the end of the year, can the Minister clarify what lessons have been learned from the errors that have been dotted through various pieces of secondary legislation to date? What improved processes have been instigated to overcome them? In many ways, we are running out of time. When we leave at the end of the year, that will be D-day. We want to make sure that our legislation at that moment is absolutely accurate and robust.

Having said that, I can confirm that we support the legislation. We welcome the fact that the House has already legislated to stay in line with the INSPIRE regulations, and we share the Government’s desire to continue sharing spatial information in a meaningful way with our EU friends after Brexit. This data sharing is increasingly important in a globalised data world. Whether it is on energy, ground water, air quality, water quality or a whole host of other datasets, we stand to benefit as much as others from accurate and timely environmental information, much of which can be time-critical.

On a more specific point, I echo a couple of the questions from the noble Baronesses, Lady McIntosh and Lady Bakewell. Can the Minister say who actually uses this information? Obviously the public have access to it, but is there a wider review of it? The noble Baroness, Lady McIntosh, talked about universities using it. It feels like we are producing a huge dataset, so it would be good to know that it is being used meaningfully, both locally and nationally. It would be useful if the Minister could reassure us on that.

Bearing in mind the question from the noble Baroness, Lady McIntosh, about resources, what sort of quality assurance process takes place for that data? Is it double-checked in any way? Can we be sure that it is accurate, or is it just a tick-box exercise that nobody really follows up?

On a wider point, I will ask the Minister about the future programme of EU exit SIs that will require updating before December. This SI incorporates new arrangements set by the EU for monitoring and reporting. Presumably other SIs need updating because of changes in EU practice. As a result of the election, and then Covid and lockdown, we have not been dealing with the normal flow of secondary legislation for quite a while, and Defra staff will understandably have been called on to deal with more pressing matters—but is there a backlog and can we expect a flurry of other updates in the next couple of months? I look forward to the Minister’s response and I hope he can clarify these issues.

Biodiversity: Aichi Targets

Baroness Jones of Whitchurch Excerpts
Monday 20th July 2020

(3 years, 9 months ago)

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Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park [V]
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Measurement is crucial to understanding and delivering good policy, but it is not as important as the policies themselves. If you look at what the Government are doing as a whole, we have probably the most ambitious environmental agenda of any Government to date. We have the first Environment Bill in over 20 years. We have ambitious measures, including restoring and enhancing nature. We have just announced a £40 million green recovery challenge fund to help charities and environmental organisations to start work on delivering much of that environmental gain across England, restoring nature and tackling climate change. We are going to use the new nature for climate fund to deliver woodland expansion, peatland restoration and more. We have announced a tripling of Darwin Plus to protect our precious Overseas Territories. We are replacing the disastrous CAP system, as I just explained, with the new environmental land management scheme, which will be revolutionary for our countryside, and we now have 25% of the UK’s water in marine protected areas. We are making progress.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, when on 8 July I asked the noble Lord, Lord Gardiner, about progress in establishing the office for environmental protection to help deliver our environmental goals, he replied that

“we have always said that we will ensure that there are alternative arrangements if, given the position we are in, the OEP is not up and running by 1 January.”—[Official Report, 8/7/20; col. 1113.]

Can I ask the Minister what these alternative arrangements are?

Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park [V]
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The department on whose behalf I am speaking today is making progress in the construction, development and delivery of the OEP. As the noble Baroness knows, we need legislation and that requires the safe passage of the Environment Bill, which we hope to deliver in the coming months.