Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts

Wednesday 9th December 2020 Grand Committee

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Bennett. I agree with much of what she said. My understanding is that the changes introduced by my noble friend in these two welcome SIs are part of the circular economy; obviously, that rationalises waste disposal, so it would be a good thing.

I want to make a general comment to my noble friend in thanking him for introducing these regulations. We are coming to the end of multiple statutory instruments over a period of two or three months. His department has borne the brunt of them, so I thank him and our noble friends Lord Gardiner and Lady Bloomfield for all their work. I also thank the team of officials at Defra for preparing for these measures and bringing us to this place.

I have a couple of questions. One is a general question relating to both sets of regulations. My noble friend said that a period of consultation would be held before the powers laid out in the regulations came into effect. Can he explain what form that consultation will take? Will it be a proper consultation period of at least two months? Also, will he undertake to publish all responses to the consultation in full so that those of us with an interest can see whether there are any issues pertaining to it?

In paragraph 62 of its 32nd report, the Secondary Legislation Scrutiny Committee mentioned that it

“received a submission from ClientEarth which raises concerns about a potential lessening of consultation requirements and a weakening of the objective to protect human health and the environment.”

Against that background, in what circumstances would the protections be changed? Can my noble friend give the Committee an undertaking that the objective would not in any way seek to compromise the protection of human health and the environment? I know how much he cares passionately for the environment so I am sure that he will confirm that that is not the case, but ClientEarth raised this issue during the committee’s scrutiny so it is worthy of a response.

On the waste and environmental permitting regulations, my noble friend said that DAERA had not given its consent. He went on to say that, when the amendments are brought forward under the powers set out in these regulations, the department would need the consent of the devolved Administrations to bring these powers into effect. If DAERA continued to withhold its consent, what would happen? Could it simply not bring these regulations into effect in Northern Ireland? Finally, can he share with us the reason why DAERA has been unable to give its consent to date?