Brexit: Food, Environment, Energy and Health (European Union Committee Report)

Baroness McIntosh of Pickering Excerpts

Monday 15th November 2021 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to participate in this debate, and refer to my interests as recorded in the report. Since the time I was a staffer with the Conservatives in the European Parliament—before I went on to serve with our excellent chair, the noble Lord, Lord Teverson—and prepared submissions for EU committees on behalf of our spokesman, I always wanted to serve on one of the committees or sub-committees, so I am delighted that I just snuck in before our demise. I pay tribute to our chairman, the noble Lord, Lord Teverson, my fellow members and our excellent team, Jennifer, Oliver, Laura and others, who looked after us during my time on the committee.

For the purposes of today, I will focus in particular on farming and the environment, but with a word on health and the future of the EHIC—I think that is what it is called—and clinical trials. I ask my noble friend the Minister whether he can guarantee the long-term futures of both, because they bring enormous benefits to us. We refer briefly to these in the report.

Farming faces an onslaught, in particular through forthcoming government regulations that the noble Lord, Lord Teverson, and others have referred to, as set out in the report. I met local farmers in North Yorkshire at Thirsk mart last Thursday. While prices are buoyant, there is genuine concern as we progress from the common agricultural policy to ELMS.

It is not generally understood—I learnt it for the first time—that tenants will potentially be in breach of their farming agreements with landowners, because they are technically agricultural arrangements and now the support is moving from agricultural support to environmental support. Anything the Government can do to facilitate the discussions that have to take place as a matter of urgency will be very welcome indeed. I realise that this is a private arrangement—a matter of contract between landowners and individual tenants—but it is a source of mounting concern, in particular in North Yorkshire, where almost 50% of our farms are tenanted.

On the trade and cooperation agreement, there is general relief that we have reached an agreement for tariff and quota-free trade. I will dwell for a moment on the implications for farming of the Northern Ireland/Ireland protocol in particular. While I think it is generally realistic and welcome that there is a delay until 2022, to which the noble Lord, Lord Teverson, alluded, in the arrangements for implementing checks on imports from the EU to the UK, I refer to our conclusions in paragraphs 35 and 80 of the report. Paragraph 35 says:

“Trade in food and agricultural produce between Great Britain and the EU will suffer if significant policy divergences on either side lead to tariffs and increased checks being introduced. Both sides should thoroughly assess potential trade barriers that may arise as they develop approaches to regulating and supporting food and agricultural production.”


Paragraph 80 says:

“If workable arrangements cannot be found soon for the movement of food and agricultural produce from Great Britain to Northern Ireland the potential impacts on Northern Ireland’s consumers—as well as the political implications—will be acute. All parties should continue to focus on finding solutions so that goods can be moved as smoothly as possible. We trust that Lord Frost will recognise the urgency of the situation for Northern Ireland.”


The noble Lord, Lord Teverson, related that it will be a breach of the TCA if we invoke Article 16. It is also potentially a breach of the EU withdrawal agreement that would have ramifications for all parties concerned.

As has been said, with food and other agricultural products—in particular live animals—being highly perishable, any delay at a border can be particularly costly. In their response to our recommendation 8 about a single window, the Government merely stated that they are working on creating one. They said:

“Work is underway to develop a delivery roadmap beyond 2022”.


That sounds like a very lax response. I ask my noble friend the Minister exactly where we are with this. Can the Government ensure that there will be no further delay to the introduction of import border controls and that they will work smoothly? How confident is my noble friend that they will indeed work smoothly?

Leaving the EU, no one expected that the UK Government would place our farmers in an even less competitive position by going further—by gold-plating, for example, the EU nitrates directive. Banning the spreading of manure in autumn months will cause great difficulties and increased expenditure and will pose particular problems for those in parts of the country such as North Yorkshire, where there is a very high density of livestock, and other areas, such as East Anglia, where nitrates already appear naturally in the soil in a high degree.

I also echo those, such as my noble friend Lord Caithness, who alluded to the promise made at the most recent election in two parts. It was that we would maintain the high standards of animal welfare and animal health production, which found favour with both producers and consumers alike, attracting a million signatures on a petition which, I understand, was instigated by the NFU. The flip-side of that was to ensure that any import of food and agricultural products must meet those same high standards. It is a matter of deep regret that, as alluded to by the Minister in the other place, our honourable friend Victoria Prentis, the Government may be unable to deliver on that pledge, and that free trade agreements with Australia and New Zealand already seem to pose a direct threat to the future of British farming in that regard.

On the environment, I also echo the words of the noble Lord, Lord Teverson, on the additional costs of meeting the UK register. I know that many who have been affected by this are putting out feelers to meet members of the committee and others. On fisheries, this is proving particularly problematic. Can my noble friend update us today, particularly on the concerns of the Scottish seafood industry on exports to France? It is completely dependent on those exports. It has gone very quiet; is that no longer a problem? What is the situation, to which we allude in the report, for our inshore under 10-metre fishermen? Have they now had access to the additional quota they were promised? Can my noble friend confirm, as others have asked, whether the specialist committee on fisheries has met?

On the environment, diverging environment and climatic change goals could pose challenges ahead. Will my noble friend confirm that the Government have engaged with the devolved Assemblies through the common frameworks, and will he update us today on how many common frameworks have been finalised and how many touch on those potential divergences?

I end by saying that I welcome this debate on our report and the government response. I realise that many of the questions that have been raised today will be beyond what the Minister is able to summarise in his response, and I would welcome any written answer as a result.

Environment Bill

Baroness McIntosh of Pickering Excerpts

Consideration of Commons amendments
Tuesday 9th November 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, my coughing is not Covid, in case anybody is concerned.

I am so sad and disappointed that we have got to this place: we are under pressure, because of the primacy of the other place, to pass a Bill that is not as good as the one we amended. It seems that the Government do not understand what they have done in stripping out some of the safeguards we have put in. This will come to haunt MPs, because people will not forget the campaign to stop the sewage discharges into our rivers. Some people were also concerned about the office for environmental protection. This will not be forgotten.

I know the Minister said that this was not true, but I would argue that the Government have legitimised the sewage discharges that will be happening from now on. There is no timetable and there are no targets. Quite honestly, it seems that the Government do not understand the pressure that is coming from the grass roots—from dog walkers, fishing enthusiasts, Surfers Against Sewage and wild swimmers, who have seen this and really care about it. We have returned to the 1970s version of ourselves as the “dirty man of Europe”.

I hope that the Government will now admit the deliberate confusion that they created about the cost of stopping any further discharges. The figure—was it £60 billion or £600 billion?—that they put forward was absolutely outrageous; of course, they quickly withdrew it when people started to check. The Government could loan the money to the water companies to put in the infrastructure that we need to prevent discharges in a relatively short space of time. However, that would mean, of course, that those water companies could not pay dividends to investors, senior people and shareholders until the debt was paid off. If we had a tough regulatory system, the scandal would never have been able to escalate in the way that it has. It has been a failure of the Government, Ofwat and the Environment Agency and, unfortunately, the Environment Bill does nothing to deal with our relatively toothless system of enforcement.

I had hoped that we would be able to pressure the Government even more. Quite honestly, if any votes are put this afternoon—I cannot give up—I will vote for them, because the Government have still not achieved what we hoped would be achieved and what the general public want us to achieve: a cleaner Britain. I am hoping that the Government will at some point come forward with more safeguards, but at the moment I am not holding my breath and, as I said, I will vote for any amendments that are pressed.

[Baroness McIntosh of Pickering (Con)]

My Lords, I take this opportunity to congratulate the noble Duke, the Duke of Wellington, on bringing us this far and I add my congratulations to my noble friend the Minister.

I want to ask two small questions. My noble friend said that he would look for the water companies to achieve a progressive reduction in the discharge of sewage over a period and admitted that this would go beyond one price review. As we are so far into the current price review, what will the level of expenditure be within this review, and does he admit that the majority of expenditure will probably fall in the next price review?

He is aware of my concern about the delay in introducing the regulations under Schedule 3 of the water Act 2020. Does he not share my concern that we will still potentially be front-loading raw sewage as surface water will be allowed to mix with the overflow from the combined sewers, pumping more raw sewage into the rivers? I am deeply unhappy that we have not yet fulfilled one of the outstanding requests of the Michael Pitt report from 2007, when surface water flooding first became an issue, and even after the awful floods that we have had since. We have not managed to achieve an ending to the automatic right to connect and, until these regulations are introduced, we will not do so.

Is my noble friend able to put a timetable on when these regulations will finally come into place, so that we can have a pincer movement on the raw sewage going upstream and downstream, as addressed by the amendments before us this afternoon?

[Lord Adonis (Lab)]

My Lords, I will speak to Motion C1. I know enough about military strategy to know that where a Duke of Wellington does not lead a forward manoeuvre, it may be unwise to try to advance when he is not leading. So I am very mindful of the views of the House, and other noble Lords will speak before I decide whether to press Motion C1.

The point he made, which I think still holds, is that, although there has been movement on the part of the Government, in two key respects—the scope of the duty on water companies and the timescale in which it is intended to be met and in which we are intended to see improvements—the amendment that the Government have moved is unsatisfactory. I think there is general recognition in the House that we are not talking about a minor matter. We are talking about 400,000 discharges of raw sewage into Britain’s rivers in the last year alone. All the evidence is that the number is increasing, not reducing. We are not moving in the right direction; we are moving in the wrong direction and indeed, because of the impact of Brexit and the supply chain problems and all of that, and the shortage of relevant chemicals, the Environment Agency has issued formal advice exempting water undertakings from having to meet their prior conditions.

The noble Duke’s first amendment referred to taking “all reasonable steps”, which would imply a short timescale, and my amendment refers to

“a period specified by the Secretary of State”

in which defined objectives are to be met. My question to the Minister, which I think will be of great importance to the House since there is no reference to any timescale in his amendment, is: in what timescale does he envisage that there will be significant reductions in sewage discharges?

The second issue relates to scope. The noble Duke’s amendment put a direct duty on water companies to improve the performance of sewerage systems to get at the heart of the problem—inadequate sewage treatment facilities to reduce discharges of raw sewage. Now, the Government’s amendment refers to reducing

“the adverse impact of discharges”,

which is an indirect duty and does not require at all, necessarily—but certainly not in a defined timescale—significant improvements in the performance of sewerage systems. I ask the Minister why the Government are so focused on the indirect impacts—which we accept are important, and the noble Duke referred to that—rather than a direct duty on water companies to improve the performance of their sewerage systems?

A final point of some significance is: who can enforce this duty? Because, as everyone has accepted, without enforcement the duty will probably go unfulfilled. Philip Dunne—to whom we pay tribute and who has done great work in the other place on this issue—in his speech yesterday referred to his continuing concerns about enforcement, particularly in the context of a cut in the Environment Agency’s staffing and budget of two-thirds in the last 10 years, which has dramatically reduced its capacity to enforce or indeed even to inspect—and of course, unless you have inspected, you cannot enforce.

The noble Duke’s amendments would have given any individual or body corporate the power to enforce or to bring enforcement action or legal action because of the non-fulfilment by a water company of the duty. I think in particular of local authorities. Of course, it is local authorities that best know what is going on in their area and have the professional staff who are able to make assessments. Under the Government’s amendment, only the Secretary of State and defined state institutions can hold water companies to account for the enforcement of their duties. That is a very significant limitation on the noble Duke’s amendment.

So my third question to the Minister is: why are the Government not prepared to allow local authorities and non-state bodies, many of which are highly expert in this area, to bring proceedings against water companies that are not fulfilling the duty that is now set out in the Government’s amendment?

To me, these are three very significant issues: timescale, the scope of the duty and enforcement. In all three respects, the Government’s amendment is wanting at the moment. It does not lead me to have any expectation that the noble Duke’s aspirations, which we all share, will actually be fulfilled, because the timescale for meeting these objectives could be inordinately long. I look forward to hearing the contributions of other noble Lords, and in particular of the Minister at the end of the debate, before I decide whether, even if the noble Duke himself is retiring from the field, others of us might feel that it is in the public interest that we should attempt to advance none the less.

Environment Bill

Baroness McIntosh of Pickering Excerpts

Consideration of Commons amendments
Tuesday 26th October 2021 Lords Chamber

[Lord Anderson of Ipswich (CB)]

My Lords, in logical sequence, I will speak to Motion G1 and Amendment 33B, which concerns the conditions that must be satisfied before the High Court can grant a remedy to the OEP on an application for environmental review. Your Lordships will recall that as the Bill stands, in notable contrast to the normal position under judicial review, no remedy whatever may be granted on environmental review unless the court is satisfied that there is not likely to be any substantial prejudice or detriment to a developer, landowner or any other third party, and that there will be no detriment to good administration. So, the mechanism that appears to allow public authorities to be held to account for the non-performance of their environmental duties will in practice be ineffective in all cases where there are serious conflicting interests.

We accept that the interests of developers and landowners can and should be placed in the balance when courts are making decisions about remedies, but it is perverse and without precedent to suggest that those interests should automatically outweigh all other factors, including the public interest in a clean environment and having the law enforced. In any judicial system worth the name, the court must at least be able to have regard to those factors, which is our modest and limited objective.

We bent over backwards in Amendment 33 to accommodate the Government’s concerns, to the point where my noble and learned friend Lord Thomas of Cwmgiedd, who signed the original amendment, said:

“I cannot see what greater protection any Government could legitimately seek.”—[Official Report, 8/9/21; col. 897.]


We have risen to my noble and learned friend’s challenge and, in response to the other place, imprecise though its comments were, we have been more accommodating still.

There are two additional reasons Amendment 33B should commend itself to the House. First, when listing the factors to which the court must have regard when deciding whether to grant a remedy, we have largely borrowed the list of factors used by the Government themselves for comparable purposes in Clause 1(8) of the Judicial Review and Courts Bill, which has its Second Reading in the other place today. Those factors specifically include the interests and expectations of developers, landowners and others who have relied—no doubt in good faith—on failures by a public authority to comply with environmental law.

Secondly, my noble friend Lord Krebs has conceded, in his linked Amendment 31C, that the Secretary of State may issue guidance to the OEP on the matters listed in Clause 22(6)(c): that is, the exercise of

“its enforcement functions in a way that respects the integrity of other statutory regimes (including statutory provision for appeals).”

Even if my noble friend’s amendment is accepted—and I hope it is—the Government will have every opportunity to ensure that environmental review, which we accept is designed to deal with systemic problems, is not used to circumvent the short statutory deadlines that apply in planning cases. That fundamentally changes the landscape in which my amendment features.

I am acutely aware that we have to tread delicately at this stage of a Bill, but make no apology for stressing the particular importance of this amendment. Arguments about the precise ambit of the environmental duties to be imposed on public authorities will be to little effect if those duties cannot be enforced in court in the normal way at the request of the body established for the purpose. If this in many ways admirable Bill cannot be made to achieve this, it will have a fundamental weakness at its core. For that reason, and unless the Minister can offer the necessary assurance, which I understand from our continuing dialogue may be unlikely at this stage, I propose to test the opinion of the House on Amendment 33B.

[Baroness McIntosh of Pickering (Con)]

My Lords, I will pose a couple of brief questions to my noble friend the Minister. He will recall that I supported the original amendment on the independence of the OEP at earlier stages. I cannot think of any other body to which a department has issued guidance that is meant to be overseeing that department. To be honest, I preferred the original Amendment 31 and am struggling entirely to understand the contents of the new Amendment 31C.

--- Later in debate ---

[Lord Chidgey (LD)]

My Lords, I share the concerns of the noble Lord, Lord West, on these issues. I happen to have lived in the same area for more than 70 years and I know the Solent very well, so I share his sentiments on this exactly.

Can I remind your Lordships of where we are on this issue? We have debated this for many weeks now. The rivers, streams and inland waterways of our country all fail to pass the statutory chemical tests, and only 16% of them meet “good” ecological status. The United Kingdom is ranked near the bottom of 30 European countries for coastal water quality. Why? Water companies, particularly Southern Water, are flouting their legal obligations to restrict the discharge of foul raw sewage into our rivers and estuaries. They are instead increasing discharges, apparently happy to risk fines running into hundreds of millions of pounds, which hardly dent their profits and could be better invested in modernising their sewerage infrastructure. I ask again: why? The powers and resources of our regulating agencies have been progressively stripped of funding, leaving them toothless and ineffective. Again, we should ask why. Meanwhile, the biodiversity and ecosystems of our rivers and cherished chalk streams are dying. The reasons, of course, are clear.

I ask your Lordships to support the noble Duke’s amendment tonight so that we can begin to address these issues while allaying the concerns of the Government about unreasonable obligations being placed on water companies—because they are not.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend the Duke of Wellington and our honourable friend Philip Dunne in the other place on bringing us to this place today. I pay a warm tribute to the Minister, who has managed to administer this Bill and be open to a number of amendments already.

As he is aware, I am concerned when he refers to the regulations giving a mandatory scheme for new developments for the simple reason we debated at earlier stages of the Bill. I seek his reassurance yet again: will he please give us a timetable for the regulations that he says he will bring forward under the Flood and Water Management Act 2010 to ensure that statutory responsibilities are placed on planning authorities to treat water companies as statutory consultees? It is very important that water companies are given the tools to do the job. Unless we end the automatic right to connect, you will have major developments of 30, 50 or sometimes 300 houses seeking to emit sewage into antiquated Victorian pipes that simply cannot take it. The sewage then goes into the combined sewers and often comes back into existing developments, meaning that those people have to be evacuated for between six and 12 months before they can be rehoused because it is a public health risk.

I urge my noble friend to bring forward these regulations before the end of the year, if possible, to end the automatic right to connect—not to make it conditional but to end it completely, as Sir Michael Pitt called for after the floods in 2007. That way, I believe that we will not offload all the sewage into the rivers and seas—that is the focus of the amendment before us this evening—but will actually front-end it and make sure that this problem never occurs again in any future development.

[Baroness Quin (Lab)]

My Lords, I very much congratulate the noble Duke, the Duke of Wellington, on all the work he has done on this issue. As a co-signatory of a similar amendment he moved on Report, I welcome the fact that he has retabled it to ask the other place—the House of Commons—to think again. Like him, I welcome the fact that there was a sizeable rebellion of the Government’s own supporters in the House of Commons; I hope that they will be joined by others if we return this amendment today, or that the Government will move even more in the direction that they have already signalled to us they are considering.

Of course, I deplore abusive tweets and messages and know the misery that they can cause, but I am glad, and welcome the fact, that people across the country are waking up to the extent of the problem of sewage discharges—which they certainly are. I hope that this proper public pressure will be brought to bear effectively in order to remedy this situation.

I will not repeat further what has been said but will simply make two points. The water industry itself seems to be behind other UK business sectors in its use of technology, yet if British expertise could be harnessed more effectively to tackle the problems of sewage discharges here at home, there is the consequent potential of being able to export environmental technology and equipment elsewhere, and thereby gain some economic benefits for the country as a whole.

My final point is to flag up an issue that has been touched on by the noble Baroness, Lady McIntosh, and about which I will write further to the Minister, rather than detaining the House. I think that planning authorities need to take much greater account of the state of sewers, drains and discharges into rivers when looking at applications for more housing. My neighbours are already having problems with the present inadequate draining and sewage systems and the problems of overflows and numerous sewage discharges into a very sensitive river, the River Coquet. This is happening at the same time as new housing developments are being planned. This is not about objecting to housing as such, but objecting to schemes that will overload and overwhelm already fragile and inadequate drainage and sewage systems.

As I say, I will write to the Minister further about this, but I hope that, in the meantime, a very clear message in support of the noble Duke, the Duke of Wellington, will be given by your Lordships’ House today.

Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021

Baroness McIntosh of Pickering Excerpts

Tuesday 19th October 2021 Grand Committee

Both the JCSI and the SLSC have formally considered this instrument and approved it. In line with published guidance, there is no need to conduct an impact assessment for the instrument; this is because no—or no significant—impact on the private or voluntary sector is foreseen, as the instrument relates to the maintenance of existing regulation. The territorial extent of the instrument is England and Wales. The territorial application of the instrument is England. I commend the draft regulations to the House.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for talking us through the regulations today. I remember that, when the original legislation went through—rather than the regulations themselves—concern was expressed about what would happen if a retail company were to fail. I do not know whether that has been resolved in the existing regulations; as my noble friend has explained, it seems that these regulations apply to that very narrow area of a retailer providing services to housebuilders.

I want to take this opportunity to ask a question in that regard. My noble friend is aware of my passion for SUDS—sustainable drains. Where housing developers build major new developments, is it envisaged within the original regulations that SUDS could be applied as a condition of planning permission for the work being agreed?

The Explanatory Memorandum says that the instrument—I believe it is the second regulation—will

“reinstate the … duty on undertakers to provide connection services, on request, in retail exit areas”.

Is that deemed to be an automatic right to connect? Is there any leeway to ensure that we can actually insert a condition that SUDS must at that stage be envisaged? That could save any contribution to flooding down the line.

The Explanatory Memorandum says at paragraph 7.3:

“The main retail services provided to non-household customers through the retail market”,


as my noble friend said,

“are billing and administration services. However, with the opening of the market, it was designed so that retailers could also provide new water and sewerage connections services to business customers.”

My noble friend said that this was limited. Has it been so limited as to have never actually happened, or has it happened in literally only one or two cases? Paragraph 7.3 goes on to say:

“These services primarily concern connections to water and sewerage services for new developments, involving predominantly housing developers.”


My noble friend is aware of my interest. I latched on to something he said during the passage of the Environment Bill before it went to the other place: the automatic right to connect no longer being automatic. Will that apply in these as well as other cases?

Paragraph 7.6 goes on to say: “We”—and I presume the “we” is the Government—

“consider that ‘non-household premises’ includes new housing developments which are under construction before anyone is using the premises as their home.”

Does that mean that existing housing developments do not fall into this category? Is there any chance that the regulations before us this afternoon will apply to those existing housing developments? It goes on to say that

“Until people move in, we consider that a development does not fit that definition”,


as given in that paragraph. On what basis has the department reached that conclusion? What background brought it to that position?

Paragraph 7.7 says that

“There are several unintended consequences”,


as my noble friend set out,

“of the 2016 Regulations’ amendments. These concern new connection services, the laying, inspecting, maintaining, adjusting, repairing”.

I still maintain, as I am sure my noble friend is aware, that, when making these new automatic connections automatic, we are dealing with Victorian, antiquated piping. Whether it is the retailer or the water company providing these services, the pipes are deemed to have to connect. At the moment, the water company is not a statutory consultee, whereas the Environment Agency, for example, is; I do not believe that the advice the water company is giving planning authorities has the same legal force as that from the Environment Agency.

I ask my noble friend whether the problems with the regulations set out in Paragraph 7.7 could be avoided by ending the automatic right to connect. It is unacceptable; we have an opportunity, at this stage in the regulations, for the water company or retailer to say that they cannot make physical connections when housing developments are being made and that there will be overflow into the storm drains and the possibility that sewage will come back into either the new developments or, worse, existing developments that have not been affected in the past.

I welcome this opportunity to ask questions on those points, with a special emphasis on whether sustainable drains can be part and parcel of this, and that the water company or retailer should say whether the existing infrastructure simply cannot take the amount of wastewater envisaged to come out of any new houses.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for introducing this SI and for his comments. On the face of it, it seems like a straightforward change in the legislation to bring the retail sector into line with domestic housing arrangements following the changes made in the Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016. I note that this instrument relates only to England, but the extent of it is England and Wales where there are cross-border issues.

The water and sewerage industries were privatised in England and Wales in 1989. In 2014, reform of the Water Act enabled competition in the market. In 2016, the transfer of non-household retail business prevented the provision of retail service to new non-household customers that arose in its area. Given what we now know about the effects of supply and demand on water and sewerage systems, this would seem a sensible step.

Paragraph 7.4 of the Explanatory Memorandum enables

“developers to make new connection requests to their retailer.”

There is no mention in the Explanatory Memorandum, nor in the instrument itself, of whether there would be capacity for new development to be safely connected under the automatic right to connect, which the noble Baroness, Lady McIntosh of Pickering, has already mentioned.

The Minister will know that during the passage of the Environment Bill there were many debates about the effect of effluent being discharged into rivers, lakes and other watercourses and the extremely detrimental effect this has on both water quality and the wildlife that previously inhabited those areas. I ask the Minister whether the local relevant sewerage and water capacity will be part of the consideration when developers apply for connection for retail. The automatic right of developers to connect for housing developments has caused considerable problems, not only in effluent discharge, but has contributed to localised flooding during prolonged periods of rainfall.

This is a minimal change to the legislation, but the legislation relating to domestic properties is far from perfect. Once the drainage and sewerage management plans are in place, that should ensure better collaboration between developers and those dealing with the supply of water and disposal of sewage. But these are not yet in place. Duties in Section 41 and 45 no longer apply to premises in a retail exit area. To indicate that new households under construction are not classified as household premises until people move in is somewhat late in the day to deal with capacity issues and whether sewerage systems are able to cope with the additional demand.

A Section 98 duty to comply with sewer requisition is the duty to provide a public sewer or a lateral drain. This appears not to apply in relation to premises in the retail exit area that were not household premises. Just what is the legal obligation to ensure that there is sufficient capacity in the sewerage system for new connections from retailers? This might be a small retail outlet, or it might be retail premises relating to an already overlarge housing development, which would be a much larger connection.

I am sure the Minister can understand my concerns and I would be grateful for his reassurance that capacity will form part of the connection requirements. I note that a consultation period took place between 29 April and 25 May 2021. This period included a bank holiday. Seventeen responses were received but the EM does not say whether Water UK or the Consumer Council for Water were among those. However, I understand from officials that, since there were responses from some water providers if not from Water UK itself, there seems to have been a general positive agreement in the industry in response to this SI.

I would be grateful for the Minister’s clarification on the consultation exercise. I understand why Defra has introduced this new measure but remain extremely concerned about the effect on flooding of connecting retailers to the sewerage system without first checking that the system has the necessary capacity.

Environment Bill

Baroness McIntosh of Pickering Excerpts

3rd reading
Wednesday 13th October 2021 Lords Chamber

[Lord Krebs (CB)]

I thank the Minister and the Defra officials, who have engaged with me and many other noble Lords very constructively during the passage of this Bill through your Lordships’ House.

I echo the point just made by the noble Baroness, Lady Jones of Moulsecoomb: the amendments that have been passed in this House have significantly improved the quality of the Bill. An important point to note is that the amendments had almost universal support from all groups in your Lordships’ House. They were not party-political points; they were points made by those of us who believe passionately in the protection of the environment, now and in the future, to leave a better environment for our children and grandchildren than we have at the moment.

I hope, therefore, as the noble Baroness, Lady Jones, has said, that the Minister will do his very best with his colleagues to ensure that the majority, if not all, of the amendments survive their consideration in the Commons and that we do not have to start the arguments all over again at ping-pong in a couple of weeks’ time.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend the Minister on what was, I think, his first Bill in this House, and my noble friend Lady Bloomfield, as well as the Bill team, who went the extra mile. I particularly pay tribute to my noble friend for the amendments that he brought forward, which is always quite an achievement for a Minister in this place.

I would like to press him a little bit further on reaching a balance, particularly in catchment management and the prevention of combined sewer overflow, an issue to which I am sure we will be returning. We have already seen substantial floods in this country and elsewhere, no doubt due to climate change, and I welcome the provisions of this Bill that will undoubtedly help to reduce that in the future.

I support my noble friend the Duke of Montrose in his comments. I will raise these issues further in the context of the debate on the common frameworks agreement later today.

I want to take the opportunity to congratulate my noble friend the Minister on bringing us to this stage, and to wish the amendments that we have carried a safe passage back to us when the Bill returns to this House from next door.

[Lord Marlesford (Con)]

My Lords, if I may, in view of the fact that my noble friend rightly linked this important Bill with the coming COP 26 conference, I warn Her Majesty’s Government not to be tempted to make announcements of targets to help COP 26 on its way which are unachievable for reasons of politics in a democracy or the realities of economic life.

Environment Bill

Baroness McIntosh of Pickering Excerpts

Wednesday 15th September 2021 Lords Chamber

[Baroness Boycott (CB)]

I thank the noble Earl, Lord Caithness, and the noble Baronesses, Lady McIntosh of Pickering and Lady Hayman of Ullock, for supporting this amendment. I also need to declare my various food interests, in particular in this instance that I was an adviser on the food strategy—although I have to confess that it really was all done by Henry and the people in Defra.

I have tabled this amendment because the role and significance of food in its own right is lacking in this Bill. During the passage of the Agriculture Bill, food was, again, never considered as a whole—from what we eat to how we grow it and how we sell it. It was never appreciated, it seems to me, as a system of high complexity, and it is not appreciated here in the Environment Bill either. The only way I know of trying to address what I see as alarming oversights is in encouraging the Government to take the Dimbleby review very seriously. I will try to explain why—and will try not to take too long, as it is late.

The elevator pitch, if you will, is that we cannot make it to net zero without changing the food system. The key word here is “system”: food is integrated into all parts of lives, our trade and our commerce. It is the primary cause of deforestation, damage to oceans, overfishing, plastic waste, methane emissions—the list is incredibly long. The system as a whole, whether it is agriculture, food production or distribution, releases more greenhouse gases than any other sector apart from energy. It is responsible for 25% to 30% of global emissions; that is overwhelming when compared with the 3.5% accounted for by all aeroplanes. Here in the UK, the food system accounts for a fifth of domestic emissions, but that rises to around 30% if we start to count our emissions honestly, namely by including all the food we import. I might eat a blueberry from Chile one morning, but the emissions are accounted to Chile, not to me.

There are four ways in which food specifically contributes to climate change: the damage to wild areas when they are converted to farmland or deforested; the release of carbon from farmed land that is deep ploughed; the use of fossil fuels throughout the food system, from pesticides to plastics; and the release of methane and nitrous oxide, the two most potent greenhouse gases.

Then there is the question of biodiversity. Ecologically, the food system is a disaster. Many noble Lords have expressed deep concern about biodiversity during these debates. As we know, it is crucial to our societies worldwide. Biodiversity enables carbon to be stored directly in soil and maintains its fertility. Through pollinators it provides the food we eat and supports the production of all our food through pest control and soil health. Biodiversity also provides crucial cultural benefits and well-being. We should no longer argue about the benefits to mental health that accrue from spending time outdoors. That is now abundantly clear.

Despite that undeniable and fundamental importance, thousands of species have gone extinct in this century and the primary cause of that is the production of ever more food through industrial methods. Habitats are lost, freshwater rivers are first abated and then contaminated by run-off from chicken farms and other agricultural chemicals that flood the water and destroy aquatic species. However, the biggest driver has been the conversion of natural ecosystems into crop production or pastures. Currently, land for food production accounts for 40% of the whole world’s land that is not desert and uses a staggering 70% of our available fresh water. Instead of wild animals, farmed animals now dominate—mostly cows and pigs, which now constitute 60% of the global biomass of all mammals. Humans—us lot—account for 36%, with wild animals a woeful 4%. For birds, the figures are 29% wild but 57% chickens. More than three-quarters of all agricultural land is now used to feed those animals directly or by growing stuff for them to eat. Overall, agriculture is an identified threat to 24,000 of the 28,000 terrestrial species under threat of extinction.

While current food systems threaten our biodiversity, a sustainably managed food production system can support and enhance it. At a global level, according to the recent report by Food Tank, we produce more food than we need per capita—approximately 40%. That brings us to another axis where the food system crosses environmental problems. Food waste, as all noble Lords agree and have talked about, is a scandal, and a preventable one, but single-use plastic and plastic waste in general is so much the responsibility of the food system. Food wrapping and production accounts for 8.2 billion kilos of the 20 billion kilos of plastic that comes to Europe, so much of which ends up in our seas and on our land.

Plastics are not just a problem when they are thrown away. They are a problem when manufactured, as it takes petroleum, chemicals, minerals, water and energy to make them. UK households use over 500,000 tonnes of plastic per year to wrap up or preserve food. A scrap of that is recycled. But if we change our farming system, shop more locally, buy vegetables individually and take them home in paper bags or, better yet, in reusable containers, and use less ready-made and fast food, we can crack down on this too

As someone who has worked in this field for many years, I know that tweaking bits and pieces of the food system does not really work. Yes, we have amendments in the Bill that, to achieve demands, will ask for changes to the food system such as banning plastic spoons, forks and cups. That is all great but, faced with this mountain, it is a bit like using a fork to plough a field.

Food is a system. It covers many Ministries and crosses many boundaries. As was the case when we debated the need for land reform and a land use strategy, it is not just the responsibility of Defra but should be considered in education, culture and the Treasury.

Henry Dimbleby’s report is the first such strategy that attempts—and, in my book, succeeds—in looking across this complex system of dynamics. It ranges across health, trade and inequality. I have not mentioned health today, but we all know what the food system is doing to it. The system overlooks the impact that food has on nature, climate and carbon emissions. We must take this issue seriously. It would be such a waste, literally, of an opportunity if the proposed strategy ends up gathering dust on a Ministry shelf.

When food came up during the Agriculture Bill, one of the solutions offered was the establishment of the Trade and Agriculture Commission, so I have communicated with Tim Smith, who is the head of it, who gave me permission to read some of his email in reply. He said the key issue is that

“months after we delivered the report we’ve had no response from ministers despite them being briefed throughout our working between July 2020 and February 2021.”

He further said that the Government’s response to its recommendations has not been bad, but very slow, specifically on

“animal welfare … environment … balancing consumer protections with trade liberalisation”

and

“establishing the statutory TAC to scrutinise”.

Tim also said:

“I’d add my concern at the response to Henry’s report – the industry gets it even if ministers don’t.”

Tonight, I would like to say that we can do this. The good news is that, if we take the plunge and start transforming this system, through land policies, nature-based solutions to capture carbon and so on, the results would be a win-win. It would certainly be a lose-lose if this fine report ends up going nowhere.

[Baroness McIntosh of Pickering (Con)]

My Lords, I was delighted to add my name to the amendment tabled by the noble Baroness, Lady Boycott. I congratulate her on moving it so eloquently. Given this opportunity, I just ask my noble friend when the Government will respond to both parts 1 and 2 of the national food strategy. When does he expect the Government to publish the food strategy plan and what will the timetable for its adoption be? That will be the conclusion of a fantastic debate, started by the Dimbleby report, both parts 1 and 2, on the national food strategy.

I say in passing that farming wishes to play an active role in reducing emissions and achieving net zero. There are additional ways to those outlined by the noble Baroness, Lady Boycott, such as seeking to substitute food imports with home produce. Closest to home, Shepherds Purse cheese is benefiting from this, with Mrs Bell’s Blue and other of its blue cheeses competing favourably with Roquefort. That is not to say anything is wrong with Roquefort, but the food miles are less if we buy cheese closer to where it is produced, and it contributes to the local economy and provides jobs, as well.

I also echo earlier disappointment. I congratulate the new incoming International Trade Secretary, and hope this is something she runs with, but I hope the Government pay more than lip service to maintaining high standards of animal welfare in imported food and ensuring food standards of any imports into this country match the very high standards that our farmers meet. I believe this is a timely amendment, and I hope my noble friend uses this opportunity to tell us more about the Government’s thinking about the food strategy plan.

[The Earl of Caithness (Con)]

My Lords, I have my name on this amendment. I congratulate the noble Baroness, Lady Boycott, on the way she introduced it and am grateful to my noble friend Lady McIntosh of Pickering for what she just said. The timing of this amendment today is particularly appropriate. It is Back British Farming Day, and I am glad that the Minister supports that. I hope that he, like me, will congratulate all the farmers in this country, who have done so much to produce good food, as well as to maintain and try to improve our biodiversity and nature. They have had severe difficulties because of what we politicians have asked them to do in the past. That is why biodiversity has been declining in some areas, but a lot of farmers have bucked that trend and, with the help of organisations such as the Game & Wildlife Conservation Trust, have increased biodiversity on their farms and farmed profitably.

It must be galling for a farmer to produce first-class food, only for it to be turned into processed rubbish that is fed to the processed food capital of the western world—the UK. That processing of food has undoubtedly affected the way farmers farm and if we, with the help of the national food strategy, can change our diets, it will help to change the farming system, as well. That can only be to the benefit of this country and farmers. We must never again go down the route of nature being separated from farming. I know that my noble friend is particularly keen that we get back to a more united and comprehensive approach to farming, and I thoroughly support him on that.

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Moved by

[Baroness McIntosh of Pickering]

120: After Clause 136, insert the following new Clause—
“Assessment of cumulative impact of offshore windfarms
(1) The Secretary of State may by regulations provide that, before planning permission is granted for the construction of an offshore windfarm, an independent assessment must have been undertaken on the cumulative impact of the construction of such windfarms on—(a) the environment,(b) marine life, and(c) the countryside,both onshore and offshore.(2) Regulations under this section are subject to the affirmative procedure.” Member’s explanatory statement
An assessment of the cumulative impact is intended to ensure that any potential damage to the environment will be strictly controlled and limited.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for the opportunity to bring forward on Report a revised amendment to that which I moved in Committee. I am grateful for the opportunity to debate it and look forward to my noble friend’s reply. I am asking that the department provides regulations before planning permission is granted for the construction of an offshore wind farm, and that an independent assessment must have been undertaken on the cumulative impact of the construction of such wind farms on the environment, marine life and countryside, both onshore and offshore.

Since we debated this in Committee, there have been a number of developments. I pay tribute to the Government for the research they have commissioned, in the form of a new database aiming to avoid an economic impact assessment for offshore wind. I hope there might still be an opportunity for doing such an environmental impact assessment where necessary, but I understand that Defra is working with the Joint Nature Conservation Committee, alongside BEIS and other interested parties, with the aim of supporting the knowledge base for the sustainable development of new offshore wind farms. The remit is quite limited at the moment, and I understand that they will be looking mostly at establishing the impact of noise generated from disposal of unexploded ordnance and on applying biodiversity net gain offshore.

Will this research be extended to cover areas, for example, that have been identified by the recent report of the Fisheries Committee in the European Parliament? This said about the construction of offshore wind turbines:

“Underwater sound has been shown to have an effect, mainly on fish and marine mammals and mainly during the construction phase.”


The report also states:

“Impacts from permanent, continuous electromagnetic fields could change the behaviour of electro sensitive species”.


I have no doubt that the reason a number of sea mammals, such as whales, are banking on our shores is because of the impact not just of the construction phase but of the perpetual noise of the operation of these wind turbines. I hope that the Government will extend the research to approach that.

The point was backed up by the evidence that we heard in the EU Environment Sub-Committee under the chairmanship of the noble Lord, Lord Teverson. One of the witnesses, Helen Quayle, who is the policy officer of the RSPB, stated that

“we urgently need a new approach to offshore wind, how we deploy this technology”.

While I welcome the research, it is very limited at the moment, and I urge my noble friend and his department to extend its basis.

I was delighted that my noble friend acknowledged, in response to an Oral Question in June, that there is a tension between different uses such as fishing and shipping in the same marine environment in which these now extensive wind farms are operating. I invite him to set out how he and the department expect to resolve that tension before we see even more wind farms being introduced. For example, is my noble friend aware that the US Government have looked into an estimate that offshore wind projects could displace some of their commercial fisheries by as much as 25%? I understand that the US Administration are studying plans to pay and compensate the fishing industry for losses incurred from the planned expansion of offshore wind developments. Given the importance of the fisheries industry to Scotland and other parts of the UK such as Yorkshire and the south-west of England, to what extent will the Government consider compensation to be justified? My noble friend has accepted that, particularly as regards inshore fisheries and wind farms, there is a notable tension already.

I would like to ask my noble friend about pylons, which is why I inserted the words “onshore and offshore” into the amendment. Pylons will have to be constructed, as I understand, to transmit the electricity generated by offshore wind farms into the national grid. I had some experience of this as the MP for the Vale of York, when we had one line of pylons. That did not have anything to do with offshore wind farms; it was just for generating electricity in the north-east and introducing it via Yorkshire into the national grid. There was a big campaign entitled REVOLT, rebelling against extra overheard pylons. We were told that, if the second line of pylons was introduced, the first would be dismantled, but a second line was introduced that sat alongside and a few metres away from the first, so people in north Yorkshire were understandably not best pleased. Will my noble friend consider whether the wires transmitting electricity to the national grid could be sent underground, rather than by overhead line transmission? It would also mean that less electricity was lost through transmission, which would make economic and environmental sense.

I would like to ask my noble friend, as I have not had the opportunity to do so to date, what the Government’s plan is for dismantling and decommissioning wind turbines. I am not aware that any information on this is in the public domain. Given the large numbers of offshore wind farms and the difficulty of placing them and embedding them in the seabed, it is potentially a problem that will escalate. Will my noble friend be able to share that information on the costs of decommissioning with us this evening, or, if not, will he write to me?

I very much look forward to hearing my noble friend’s response to these genuine concerns. I am delighted to have the opportunity to raise much of the work that was done in the EU Environment Sub-Committee at that time and update it.

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[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords for their contributions to the debate. This is an extremely important issue and the noble Baroness, Lady McIntosh, is right to raise it. In delivering net zero, it is crucial that environmental protections are maintained. I can assure her that existing planning processes are designed to ensure thorough consideration of cumulative effects prior to consenting. The need to consider cumulative effects in planning and decision-making is already set out in planning policy, in particular in the energy national policy statement, the marine policy statement, the habitats regulations assessment process and the infrastructure planning regulations of 2017, which cover the environmental impact assessment.

The regulatory framework also includes independent scrutiny by statutory nature conservation bodies—for example, Natural England. These regulatory frameworks ensure comprehensive identification and assessment of all significant environmental impacts, including the cumulative effects of the project, whether these be to the marine or terrestrial environment.

We have also brought forward amendments to the biodiversity net gain provisions in the Bill, extending the policy to terrestrial nationally significant infrastructure projects. As the noble Baroness will know, we have included provisions within the amendments to extend net gain to the marine environment once we have established the appropriate approach.

The noble Baroness asked a number of specific questions. The first was again in relation to the tension between inshore fisheries and offshore wind farms. Defra is working closely with Natural England, Cefas and the Marine Management Organisation to try to better understand the tensions and then consider the appropriate solutions. We have recently commissioned work looking at opportunities for co-location and are considering examples of good practice, such as the work done in Grimsby that enables fisheries and offshore wind farm operators to work well together. This also pays dividends for the marine environment, reducing the cumulative impacts of both.

The noble Baroness mentioned the example of the US Administration, who are currently considering a compensation scheme for the fishing industry as a result of losses incurred from the expansion of offshore wind developments. In the UK, offshore wind farm developers already pay disruption compensation to fishers temporarily displaced from their grounds by offshore wind construction. Members of the Defra programmes on offshore wind-enabling actions and marine planning are meeting US Administration officials and BEIS on Monday 20 September to discuss approaches to managing the deployment of offshore wind to minimise disturbance to the marine environment and other sea users.

The noble Baroness is right that onshore pylons are unsightly and, no doubt, not environmentally friendly. Electricity from offshore wind farms is transmitted to land, as she knows, via subsea cables. The offshore transmission network review, which was led by BEIS and Ofgem, is working to increase the co-ordination of offshore transmission to reduce the overall amount of new onshore infrastructure needed to meet the Government’s offshore wind targets.

Finally, the noble Baroness asked about decommissioning. Decommissioning is considered in the consenting process for offshore wind. In addition, Defra is discussing future options for decommissioning with developers who have programmes currently going through the consenting process. Some arrays may be repowered; however, other legacy infrastructure has been colonised and now provides important biodiversity benefits. We are working with the industry to understand how decommissioning can be delivered to maximise the gains while removing any unnecessary and avoidable pressures from the marine environment.

I hope that answers the questions that the noble Baroness asked and she feels sufficiently reassured to withdraw her amendment.

[Baroness McIntosh of Pickering (Con)]

I am grateful to the noble Lord, Lord Khan, for his remarks, and I am especially grateful to my noble friend the Minister for his reassurance on these points. He certainly put my mind at rest on many of them. I am not sure that the idea of colonising wind turbines on wind farms sounds very appealing, but he has satisfied me. It is helpful to know of the meeting on 20 September. I would be grateful if my noble friend could update us in that regard. At this stage, I beg leave to withdraw my amendment.

Amendment 120 withdrawn.

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[Baroness Morgan of Cotes (Con)]

My Lords, I rise to support the amendment in the name of the noble Lord, Lord Faulkner, and I draw the House’s attention to my role as a non-executive director of the Great Central Railway in Leicestershire. The arguments have been well rehearsed, and, at this late hour, I do not want to detain the House, but I reassure the noble Lord, Lord Berkeley, that the noble Lord, Lord Faulkner, has not got any less enthusiastic in his support for steam and heritage railways in the time I have known him, since we together set up the All-Party Parliamentary Group on Heritage Rail.

As we have heard, heritage railways across the country provide huge enjoyment, but they are also major catalysts for local economies in terms of tourism, jobs, apprenticeships and investment. All I say to the Minister, whose remarks I very much look forward to, is that I cannot believe that the Government intend to ban the burning of coal by steam railways or any other steam vehicles. I understand why the Government do not want to put this in the Bill, but I hope that the Minister is able to provide sufficient and very strong assurances. I know that noble Lords will listen very carefully to what she has to say.

[Baroness McIntosh of Pickering (Con)]

I also add my congratulations to the noble Lord, Lord Faulkner of Worcester. I draw the House’s attention to my honorary presidency of the North Yorkshire Moors Railway, which is the most visited tourist attraction in North Yorkshire, year after year. I am full of admiration for the mostly volunteer drivers and engineers who man it.

I was not going to speak, other than to support the work of the noble Lord, Lord Faulkner, both in tabling the amendment today and on the heritage railway generally. However, I beg to differ with the noble Baroness, Lady Jones of Moulsecoomb: in my experience, incinerators are heavily regulated and will continue to be so. I commend the work done in Denmark, Sweden, Austria and Germany on using incineration—or waste from energy, as it is now called—to get rid of both household and other waste and reintroduce electricity into the national grid.

If the Minister cannot write this into the Bill, I hope that she will give a verbal commitment that accords with the wishes expressed by the House this evening. That would be most welcome indeed.

[Baroness Parminter (LD)]

My Lords, I have no expertise in this area and no interest to declare, but some of the happiest memories with my two young girls were taking them to see Santa on the steam train at the rural life centre in Tilford every Christmas.

However, tonight, I speak at the request of my colleague, the noble Lord, Lord Bradshaw, who cannot be with us because he has had a fall. I make it clear to the Minister that there is still cross-party support for the intentions of this amendment. As the noble Lord, Lord Forsyth, said, this will affect the enjoyment of many thousands of people. I would not wish people to think that environmentalists are killjoys—we are not. We want to go forward on the environment in a positive way, but there are certain initiatives that, for heritage and educational purposes, need to be considered so that we can see where we have been and where we are.

Therefore, I hope that there are the strongest reassurances, and I commend the four Peers who have done so much, under the leadership of the noble Lord, Lord Faulkner of Worcester, to bring this issue repeatedly to the attention of the House.

Environment Bill

Baroness McIntosh of Pickering Excerpts

Report stage
Monday 13th September 2021 Lords Chamber

[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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[The Duke of Wellington (CB)]

My Lords, I rise to move Amendments 59 and 60, in my name and those of the noble Baronesses, Lady Altmann and Lady Quin, and the noble Lord, Lord Oates, to whom I am very grateful for their support.

These are not glamorous or intellectually stimulating amendments, such as others we debated last week, but their purpose is both high-minded and supported by the public. I cannot resist referring to a petition circulating in recent days, which already has more than 90,000 signatures, calling on the Government to place a duty on water companies not to emit sewage. I had nothing to do with the petition.

The amendments simply seek to write into an Act of Parliament a legal commitment to clean up rivers. It is surprising, shocking and indeed revolting that, in the 21st century, in a civilised and developed country, there were, according to the Environment Agency, in 2020, 400,000 discharges of sewage in England and another 100,000 in Wales; that is more than half a million discharges of sewage into rivers in England and Wales.

Since the Bill left the other place earlier this year, the Government have moved a long way, and I recognise that. First, they took over some elements of a Private Member’s Bill tabled by the right honourable Philip Dunne, Member of Parliament for Ludlow, who is also chair of the Environmental Audit Committee in the House of Commons. Clause 80 of the Bill comes from Philip Dunne’s Bill. It requires the Secretary of State to prepare a plan to reduce untreated discharges.

Since Committee, the Government have tabled further amendments: Amendments 61, 62 and 63. I thank the Minister for two meetings which the noble Baroness, Lady Altmann, and I had with him during the Summer Recess. I am also very grateful to the Minister in the other place, Rebecca Pow, who asked me to meet her on Teams two weeks ago, with her officials, to inform me that these amendments were to be tabled the following day. I very much welcome the amendments, particularly Amendment 63, where, for the first time, the Government are using the word “elimination” rather than just “reduction”. Amendments 61 and 62 concern very welcome increases in reporting and monitoring.

I will now explain the need for Amendment 59 to Clause 79. This seeks to separate foul water from surface water. It is surface water from heavy rainfall that often overwhelms a sewage plant, which of course is designed mainly to deal with sewage. In his letter to Peers of 27 August, the Minister announced that the Government will review Schedule 3 to the Flood and Water Management Act. If the Minister can confirm from the Dispatch Box that this would have the same effect as my Amendment 59, we will have no need to press that amendment. However, I hope he will accept that the purpose of Amendment 59 is essential, as it is surface water that can so often cause storm overflows.

I turn to Amendment 60 to Clause 80. The clause and the further amendments are still missing perhaps the most important part of Philip Dunne’s Bill, which was the duty to be placed on water companies to take all reasonable steps to ensure that untreated sewage is not discharged into inland waters. My Amendment 60 seeks to put that legal duty into the Bill. In addition, the amendment would require water companies to demonstrate continuous improvement and progressive reductions in the harm caused by the discharges.

Proposed subsection (2) in Amendment 60 addresses another problem. There is considerable evidence that the Environment Agency and others are not prosecuting most of the discharges, even though many are apparently illegal. It is therefore important to write into the Bill a requirement on the various bodies to exercise their powers of enforcement.

I understand that one of the reasons why the Government are reluctant to place a legal duty on the water companies to take all reasonable steps to prevent discharges is that they have been advised that this might affect the investment decisions of the water companies and put sewage treatment ahead of other possible investments. I do not find that argument at all persuasive—in fact I think it demonstrates the absolute need for the amendment and the necessity of placing a legal duty on the companies to bring to an end these damaging discharges.

That necessity is no better demonstrated than by a press release from Ofwat, the water industry regulator. It announced, on the very day when we were debating the environment in the Queen’s Speech, a new water sector investment of £2.8 billion into the green recovery. But if we read the press release further, we see that only £157 million—just over 5% of the investment—was to help to eliminate the harm caused by storm overflows. Only a legal duty would move these investments higher up the list of priorities.

I do not underestimate the cost of modernising the sewerage network, and I understand that the Government will have reservations about imposing a required investment on the water companies. However, as I said at Second Reading, it should be possible to find a formula that involves some modest grants, some long-term borrowing, reduced dividends and above-inflation increases in wastewater or sewerage charges to residential and commercial users.

I turn to subsection (2) of proposed new section 141E, to be inserted in Clause 80. In Committee I tabled an amendment on this. As the Bill is currently drafted, a discharge is not considered to be a discharge if it has been caused by electrical or mechanical failure! That strikes me as an enormous loophole, and it can only have been included at the request of the water companies. In our meeting with the Minister, we were assured that, despite the wording of that subsection, discharges as a result of electrical or mechanical failure will still need to be disclosed. I ask the Minister to repeat that assurance from the Dispatch Box. However, I then wonder why subsection (2) is necessary at all. Will the Minister not consider deleting the subsection entirely at Third Reading? It appears totally unnecessary and possibly undermines part of the purpose of Chapter 4, and Clause 80 in particular.

While the country drives towards carbon net zero and improving air and soil quality, we surely cannot allow water quality to be compromised by regular discharges of untreated sewage into the aquatic environment. The Bill aims, and government policy is, to leave the environment for future generations in a better state. I cannot believe that any Defra Minister does not want to clean up our rivers, and the only way to ensure that is to include in the Bill a legal duty to prevent discharges. Not including such a duty will inevitably lead to delays, more plans, excuses and further delays.

On my way to the House today I received, very kindly, another email from Rebecca Pow. In it she describes everything that the Government are doing, but then in the paper produced by the department there is a section of frequently asked questions. It reads:

“Why are you not placing a duty on water companies to reduce storm overflows?”,


to which the reply is this:

“The Environment Bill places a new duty on water companies to produce Drainage and Wastewater Management Plans setting out how”,


and so on. That is my point—there is yet another plan. I am sorry to say this, and I am grateful to the Minister for alerting me to everything that the department has done.

I hope not to divide the House on Amendment 59 —that of course depends on the Minister’s response—but I intend to do so on Amendment 60. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, in the absence of the noble Lord, Lord Dannatt, and with his permission, I shall speak to Amendment 82. I thank the noble Duke, the Duke of Wellington, for moving his amendment so eloquently. I have known the noble Duke since 1982, when I was a humble adviser to the Conservatives in the European Parliament, and I am delighted to follow him today.

Unfortunately, the noble Lord, Lord Dannatt, has been unavoidably detained in Norfolk, but he is in a very privileged position and knowledgeable in this regard: following the devastating floods in East Anglia in 2020, he took up the position of independent chair of the Norfolk Strategic Flooding Alliance. I will set out his remarks at the outset and then add a few of my own.

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I thank noble Lords for their contributions and beg that the amendment be withdrawn.

[Baroness McIntosh of Pickering (Con)]

Just before my noble friend sits down, I did ask one question: what has changed since the regulations, which were to impose exactly what he intends to do, were rejected in 2012 for being too expensive? When we met, my noble friend said that the aim of the Government’s policy now was to end the automatic right to connect and make it conditional—but conditional upon what?

[Lord Goldsmith of Richmond Park (Con)]

What has changed is the technology and the SUDS—for example, rain gardens and swales et cetera. The planning system has changed in any number of ways, as my noble friend knows from her time in the coalition Government and since. That has given rise to a need to re-evaluate and work out what the appropriate policy should be.

Environment Bill

Baroness McIntosh of Pickering Excerpts

Report stage
Wednesday 8th September 2021 Lords Chamber

In closing, I repeat: if we are going to get one thing right in this Bill, it should be to ensure that the office for environmental protection is set up on a properly independent basis. Amendment 24 would achieve this; without it, we will not have sufficient safeguards to protect the OEP’s independence.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to the noble Lord, Lord Krebs, for introducing—or reintroducing—a similar amendment to one that a number of us supported in Committee. I also acknowledge that my noble friend Lord Goldsmith has indeed come forward with improvements in the form of Amendments 22 and 23. However, as my noble and learned friend Lord Mackay of Clashfern, through the good offices of the noble Lord, Lord Krebs, has indicated, a number of us have serious issues about the financing and resources available to the OEP, and I am not sure that those have been entirely addressed at this stage.

I am very disappointed to see, in the government amendments that have been tabled, that the Government are intending to keep Clause 25 relating to the guidance. It is extremely important that, if we are going to have a new body with the essential responsibilities such as we are allocating to the OEP, it must be seen to be independent of government because its remit is, among other things, to hold the Government’s feet to the fire to ensure that they are implementing those parts of this Bill, the Agriculture Act and other Acts that have implications here.

When my noble friend sums up this little debate on this group of amendments, I hope that he will address how his Amendments 22 and 23 address my concern that the Government are seeking to micromanage the OEP. I am particularly attracted to proposed new subsection (4) in Amendment 24:

“In making or terminating appointments … the Secretary of State must obtain the consent of the Environment, Food and Rural Affairs and Environmental Audit Committees of the House of Commons.”


As a former chairman of the Environment, Food and Rural Affairs Committee, I obviously believe that these committees have a special role to play—and they have played that role extremely well, if I may say so, over the years. They are independent by nature and have had, historically, the duty to approve such appointments for Natural England and a whole host of other bodies to which the Government make appointments.

In addition to the concerns about the financing, the resources and the general independence of the OEP, in the terms so eloquently expressed by the noble Lord, Lord Krebs, we are asking this body to undertake a role of the level of importance as that attributed to the European Commission in implementing environmental policy, the whole raft of which is before us in the other parts of the Bill. I hope that my noble friend will take this opportunity to address my concerns. It cannot be the case that not only is the Secretary of State appointing the chairman of the OEP and the members of the board but is micromanaging in the form of the guidance set out in the current Clause 25. I am minded to support the contents of Amendment 24 and subsequent amendments that we will come on to. I hope that my noble friend will address these very real concerns that I and others have.

Environment Bill

Baroness McIntosh of Pickering Excerpts

Monday 6th September 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I have signed Amendment 8, and I support the others in this group. I congratulate the noble Baroness, Lady Jones of Whitchurch, not just on an excellent, very clear introductory speech but on her relatively simple, clear Amendment 8. Is it not obvious to everybody that we need to reduce the volume of non-essential single-use plastic products—and more than just plastic, but plastic predominantly?

Plastic is the most incredible material. I could not function without it. But, before lockdown, my partner and I had reduced our single-use disposable plastic to virtually nothing. Covid put a hole in that, because so much food is wrapped up and there was not much choice. But now we do have a choice, and it is obvious to everybody that we have to encourage a policy environment that diverts food manufacturers and retailers towards, for example, compostable materials for food-contact packaging instead of plastics. Of course, we have to make sure we can compost those materials easily and not just by some special arrangement with local authorities.

A Plastic Planet is a global solutions organisation, and it has the single goal of inspiring the world to turn off the plastics tap by working with politicians, the UN, scientists and industry to convey the importance of the situation and to take action in reducing the use of plastic. It has created several schemes. Our Government could just pick up many of those schemes and use them immediately; they are ready-made and oven-ready.

According to 2020 figures from WRAP, flexible plastic represents a quarter of all UK consumer packaging, and plastic packaging is 40% of global plastic production. It is a problem. Only 4% of that consumer plastic packaging is currently recycled. The rest ends up in landfill or incineration, contaminating other waste streams such as food waste or, worse, our oceans and natural habitats where wildlife is threatened. It is threatened not just by contamination but by direct injury. We have all seen photographs of animals tied up, and birds tied up in plastic and dying. As WRAP acknowledges in its road map:

“Urgent action is required to address the complex challenges that underpin this: poor design, collection infrastructure, inconsistent communications, sorting challenges, reprocessing technology, capacity and unstable end markets.”


The Government claim to be a leader in tackling plastics pollution, but Greenpeace pointed out that they are actually fuelling the plastics crisis. The UK is the biggest contributor to this waste production behind the USA. What we do is force our waste on other countries. Some have refused, but, apparently, 40% of our plastic waste is sent to Turkey, where of course it is producing serious health problems for the people in the surrounding areas, such as respiratory issues, nosebleeds and headaches. So the Government are fuelling not just the nature emergency but health crises as well, and you have to take responsibility for that.

The Green Party has a long-term policy whose aim is to have no more than 20% residual waste and to recycle and compost more than 80%: also, to have the costs of disposal charged to all district councils in direct relation to the quantity of waste collected for disposal by each district. This provides an incentive to district councils to promote waste reduction and increase recycling, as they will save directly on disposable costs. I hesitate to put more pressure on councils, because they are already incredibly strap-cashed—I mean cash-strapped; it is getting very late for me, it is 50 minutes past my bedtime. They are already deprived of funds by this Government, so they would have to be funded to do this.

[Baroness McIntosh of Pickering (Con)]

I am very persuaded by my noble friend’s argument for a holistic approach to waste. Could my noble friend take this opportunity, in the context of these amendments, to set out how his approach would differ from the circular economy which we were signed up to when we were members of the European Union? I hate to deprive the noble Baroness, Lady Jones of Moulsecoomb, of her beauty sleep, but, at the risk of doing so, I will ask my noble friend why we are continuing and indeed increasing our export to countries such as Turkey and, I understand, other third countries, considering that we have the facilities to dispose. We are a first-world country and have much better facilities to dispose of this. My understanding is that landfill sites, certainly in England, are full and that many have already closed. I just wonder how, in the context of disposing in particular of plastic waste, we will address this issue as a responsible Government.

[Lord Blencathra (Con)]

My Lords, it is always a pleasure to listen to the noble Baroness, Lady Jones of Moulsecoomb, but I was getting increasingly worried, over the years, that I was tending to agree with so much of what she said. Then I realised, when I saw her sitting temporarily behind me, that she might be a closet Conservative after all. I was quite overwhelmed and thought how much more joy there is over one sinner that repenteth than over 99 just persons.

I was tempted to support these amendments, even to the point of a vote. When I heard the announcement last week from my noble friend at Defra that they were planning to ban single-use cutlery and plastic plates, I asked myself: if a Minister has the power to do this without putting anything in the Bill, can he extend it to other plastics as well? That is my main question for him. If he can do that, I would like him to target my bête noire which, initially, is polystyrene. There is absolutely no justification now for any polystyrene food dishes whatever: whether they are used as takeaways, for carry-outs or plastic cups, there are paper alternatives.

The other totally unjustified use of polystyrene—without rehearsing the speech I made in Committee—is in packaging material, whether it is those awful plastic bubbles that go everywhere and get stuck to everything under the sun, or large pieces of polystyrene holding televisions or tape recorders and so on. There is no need for them whatever, because cardboard can do the job infinitely better—it is just as sound and can protect valuable material. I also suggest that that should be a target: one could move on that very quickly indeed. The polystyrene used in house construction is another matter; it could take longer to come up with an alternative.

There is a final form of plastic I would like the Minister to tackle. If one buys ready meals, for example, some seem to come in grey containers, some in white containers and some in black containers, but I understand that if they are all mixed together in recycling, the whole thing is useless—only some of them are recyclable. So I simply say to my noble friend that, if he has powers to do so, can he start to compel the food manufacturers and supermarkets to go for a plastic microwavable dish that is recyclable and get rid of those which destroy the recyclability of the good ones?

Those are the only points I wish to make to my noble friend and I come back to my question: can he reassure me that he and Defra have all the necessary powers, in due course, to ban any other forms of plastic, whether it is horrible little sachets with shampoo in them, plastic food containers or polystyrene? That is all I seek from my noble friend tonight.

Environment Bill

Baroness McIntosh of Pickering Excerpts

Committee stage
Wednesday 14th July 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I will not detain noble Lords for long. Suffice it to say that I supported a similar amendment in the Fisheries Act that was also tabled by the noble Lords, Lord Teverson and Lord Krebs. As the noble Lord, Lord Teverson, said in his speech on Monday, this is just as much in the interests of monitoring what species are caught, not just fish but by-catch such as cetaceans and sea-birds. I will be very interested to hear what the Minister has to say about the consultation. I do not share the gloomy aspect of the noble Baroness, Lady Jones of Moulsecoomb, on this issue; I know these things take time and I am sure the Government want to move forward with this. I look forward to hearing from my noble friend.

[Baroness McIntosh of Pickering (Con)]

My Lords, I commend the amendment and thank the noble Lord, Lord Teverson, for having moved it so eloquently. I endorse everything he said. I have visited ICES in Copenhagen a couple of times and have been hugely impressed. It has had a lot of footfall over the years from visitors such as the Scottish fishermen, and I think its research is first class. I am delighted that, having left the European Union, we continue to rely on ICES for the excellent research it produces.

I would like to ask my noble friend one question for when he comes to sum up the debate. I know that in the fullness of time, if maybe not in the context of this Bill, remote electronic monitoring will be used on all vessels in British waters. Can he confirm that it will be an essential criterion for the issuing of licences to fish in British waters that the vessel will be fitted with remote electronic monitoring equipment?

[Baroness Jones of Whitchurch (Lab)]

My Lords, I welcome Amendment 262A, which was so ably introduced by the noble Lord, Lord Teverson, and supported by the noble Baroness, Lady Jones of Moulsecoomb. They were both still going strong when we finally halted the debate on Monday, just before midnight. As noble Lords have made clear, this is an issue left over from consideration of the Fisheries Bill, which we thought was being resolved. However, as with other amendments dealing with the marine environment, the consequences are ongoing and equally valid for this Bill.

Without REM, we will not have the full and verifiable real-time documentation of catch on which all other calculations are based. This solid evidence should form the backdrop to a truly sustainable fisheries management plan. It will enable us to be more responsive to the movement of different fish stocks around our warming waters. It could also provide new economic opportunities where fishing opportunities are aligned with the real-time scientific evidence. For example, the evidence could potentially allow more species to achieve Marine Stewardship Council sustainability certification, which would boost sales in the retail sector.

In the past, the Government argued that this policy would be a distraction from vessel monitoring systems and aerial surveillance. These have their place but do not provide the detail that cameras on board the vessels would, particularly on the types of species caught and to ensure that discarding is not taking place. We argue that we need to embrace all the opportunities of improving data that new technology can bring, and that REM is one of these. It is also the case that many boats already use REM on a voluntary basis, so all this amendment would do is to raise the standard to the best and create a level playing field based on a true system of sustainable fishing.

During consideration of the Fisheries Bill, we were told that Ministers were thinking about introducing compulsory REM. The noble Baroness, Lady Jones of Moulsecoomb, quoted a helpful contribution from the noble Lord, Lord Gardiner, which talked of consulting on the use of REM in the first half of 2021 with implementation following thereafter. Can the Minister say what the result of these consultations was?

Meanwhile, the Secretary of State told us in a separate meeting around that time that he was also sympathetic to the proposal but needed time to consult others, including the devolved nations, to ensure there was common consent about implementation. A year has gone by since the Secretary of State said that, so perhaps the Minister can update us on the status of the consultations and those negotiations. We believe the case for the introduction of REM is compelling, so I hope we can be assured that is imminent. In the meantime, we support the amendment from the noble Lord, Lord Teverson, and look forward to the Minister’s response.

--- Later in debate ---

[Viscount Trenchard (Con)]

My Lords, I declare my interests, as stated in the register. It is a great pleasure to follow my noble friend Lord Lucas, who always speaks with great knowledge and experience on these subjects. I listened to the interesting speech of the noble Earl, Lord Devon, at Second Reading and again today, on conservation covenants. Unlike the noble Earl, I am not a lawyer, but I could understand his argument that, under English property law, it is not possible to bind a successor in title.

These provisions amount to a significant change in English property law, and I wonder whether they would work in practice. I understand that a number of estates are already operating similar schemes, but, rather than a covenant, they have a lease in place, with a restrictive user clause. In the majority of cases, a lease will usually work. Can my noble friend the Minister confirm that, in the case of a covenant, as introduced by the Bill, you need a dominant and a servient tenement? In other words, the covenant restricts something on one piece of land in favour of another.

In the case of conservation covenants covering isolated plots of land, with no adjacent retained land, will there not be difficulties in enforcing such covenants? I would like to hear from the Minister what the Government’s view is on this question and the others raised by the noble Earl and other noble Lords. Certainly, I agree with the noble Earl that covenants of this nature should not be entered into lightly. His amendments generally make it clearer that to encumber land with such obligations is a weighty matter and that requiring such covenants to be signed as deeds probably makes a great deal of sense.

It is a great pleasure to see the noble Lord, Lord Cameron of Dillington, back in his place after a long time. In his Amendment 276A, he seeks to extend this structure to common land, which is a very interesting idea, but it is complicated, as he said. I am not quite sure how this will work, and I look forward to hearing what my noble friend Lady Bloomfield thinks about that.

[Baroness McIntosh of Pickering (Con)]

My Lords, the House owes the noble Earl, Lord Devon, a great debt of gratitude for bringing to our attention some of the shortcomings of the existing proposals in the Bill, with regard to this whole new concept of property law, as it relates to the land. My initial reading of it was not clear, and I obviously received a brief from the NFU and others. I am grateful to the noble Earl; his amendments are eminently sensible, and I urge the Government to support them.

I will speak at greater length. I welcome back the noble Lord, Lord Cameron of Dillington, to his place—it is good to see him back in person. However, I caution my noble friend the Minister most strongly against accepting this amendment for a number of reasons. I was closely involved with some issues relating to common land, particularly grazing rights on it in the part of North Yorkshire that I represented between 2010 and 2015. The role of graziers there is very important. They are granted rights, again, in perpetuity and have existed for many generations.

There are sometimes tensions with others in the hierarchy of interests, we might say, on common land, particularly with those involved in grouse shooting. I happen to have been brought up very close to two of the best grouse-shooting moors in the country, in Teesdale in County Durham, and I believe that, for the most part, the overgrazing problems, where they exist, have been managed extremely well through voluntary arrangements via stewardship schemes.

The main issue that I have is a potential hidden agenda here that it is very important to put in the public domain, appealing to the best instincts of my friend the noble Baroness, Lady Jones of Moulsecoomb, in this regard. However, we need to see a balance in the countryside, and, among the hierarchy of interests, I place on record my particular concern about the plight of the small family farm. I would place that at the very top of the hierarchy, with grouse shooting and other interests perhaps towards the middle—or, in my case, the lower end. It has become of far greater economic importance than it had 20, 30 or 40 years ago. I pay particular tribute to the work of the NFU and the Tenant Farmers Association in regard to the rights of graziers to graze in perpetuity on common land. I was struck today by, and pay tribute to, the work of the Prince of Wales in this regard. He said today, on the BBC Radio 4 “Today” programme, that we lose them at our peril, and I echo that.

I hope that my noble friend Lady Bloomfield will confirm that there is a role for graziers going forward and that their rights will be protected in perpetuity and will not be at the expense of other, perhaps larger, farming—or, dare I say, shooting—interests in this regard. We should have respect for existing property rights, as defined in relation to land under the Law of Property Act 1925 and other legislation. We should recognise that these rights of commoners go back as far as the Magna Carta of 1215 and the Charter of the Forest of 1217.

I welcome the opportunity that my noble friend Lord Cameron of Dillington— I call him my noble friend because we served together on the EU Environment Sub-Committee—has given us in this regard, but I urge my noble friend to approach this cautiously, particularly as it would potentially shift the balance in the countryside, without even meaning to do so.

[The Earl of Caithness (Con)]

My Lords, the Committee will be extremely grateful to the noble Earl, Lord Devon, for tabling these important amendments. I confess that I have not given them the attention that I should have done, and it is clear that a lot of attention needs to be given to this part of the Bill between now and Report. The fact that we are on the eighth day does not mean that these amendments are any less important than the first amendment on day 1—they need careful scrutiny.

To my friend the noble Baroness, Lady Jones of Moulsecoomb, I say that I am not a landowner, but I was a land agent, and the implications of what the noble Earl said in moving his amendment fill me with some trepidation. He made a perfectly plausible case—it was not extreme—about a situation where a farmer hurriedly enters into a conservation covenant to boost his income at a time of stress, when his basic farm payments system is collapsing and he needs the money. That is not an unlikely scenario in the future, but the consequences of what he does are terrifying for the future because they are in perpetuity and binding on his successors. This could go disastrously wrong for the Government. This is the way that we will improve biodiversity, but, should it get off to a bad start and should some notorious cases hit the press, that will stop any chance of this becoming the full-blown operation that it should.

I have a number of questions for my noble friend on the Front Bench. If this a covenant in perpetuity, a farmer may enter into one on what is at the moment an outlying field but then ceases to be so, given the proposed massive housing development in this country, with the local authority wishing to develop it or use it for amenity purposes, as part of the increased use of that area. As I understand it, it will not be able to do so—but, when it has built houses all around that field, there is absolutely no way that the covenant will be able to be maintained. Is there a way in which this could be changed so that there is more flexibility?

When the noble Earl was talking, I wondered about the case of landlords and tenants. I presume it will be the landlord who enters into the covenant, and with the agreement of the tenant, but that could have serious consequences for the future letting of that land and keeping it in a tenancy. If for any reason the covenant was unable to be fulfilled, no tenant farmer would wish to take on that bit of land again in the future.

It would also affect the price and balance of farmland, because if it goes wrong and the land becomes of little value, it will upset the whole biodiversity and nature balance in that area. If one is talking of a landscape issue—for instance, a valley in the south-west or north-west where the whole area is properly managed but there is a conservation covenant in the middle of it that goes wrong—that could be utterly detrimental. I hope that my noble friend the Minister will reflect on this so that he is absolutely confident that the balance is right for the future.

--- Later in debate ---

Moved by

[Baroness McIntosh of Pickering]

280: After Clause 133, insert the following new Clause—
“Research into impact of offshore windfarms
(1) The Secretary of State may by regulations provide that before planning permission is granted, research must be undertaken by companies seeking to construct and operate offshore windfarms into the cumulative impact on—(a) the environment, (b) marine life, and(c) sea mammals,of the construction and operation phase of such windfarms.(2) Regulations under this section are subject to the affirmative procedure.”

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for this opportunity to debate Amendment 280 standing in my name. I am delighted to have to the support of the noble Lord, Lord Teverson. I also wish to speak briefly on Amendment 285 in this group, in the name of the noble Baroness, Lady Jones of Moulsecoomb. I would like to think that my noble friend the Minister will take the opportunity to confirm that there is currently a moratorium on hydraulic fracturing both on land and at sea in England which, in that case, would be extremely welcome. It is good, however, to debate the issue in the context of Amendment 285. I am mindful of how any proposal for fracking, particularly on land, causes great consternation among local people, as we saw in North Yorkshire.

To return to Amendment 280, may I ask the Minister for what reason there is currently no requirement for an undertaking to perform any form of research before planning permission is sought or granted in connection with offshore wind farms? My noble friend will be aware of what witnesses who appeared before the EU Environment Sub-Committee—so ably chaired by the noble Lord, Lord Teverson, until it wound up earlier this year—told us about the increasing urbanisation of the sea by the introduction, increasingly, of turbines, and the sea-change, if noble Lords will pardon the phrase, and the stepping-up of wind farms that we are currently seeing. One witness in particular referred to how this changes the ecology and the whole ecosystem, in particular by introducing fixed structures, cables, armoury, turbines and so on. What assessment has been made of the cumulative impacts, not just at the construction phase but more especially at the operational phase? I know that the Minister is aware that I am concerned about the impact at the operation phase of wind farms on porpoises, dolphins and minke whales.

We should also be aware that offshore wind is a very new sector. Because it has expanded so incrementally and so quickly, having been around for only 10 years, we have never actually paused to consider what the repercussions will be on the seabed, marine life and mammals of extensive construction over such a short period of time. I understand that the focus to date has been largely on what the disbenefits might be to marine life of the construction phase, but my understanding is that no research has been undertaken to consider what the impact will be of the operation phase. I know that the Danes have done some work on this; at one stage, they stopped building wind farms on land because the farmers complained about the constant hum and the impact they were having on their animals.

I am equally aware that the Minister is aware—he has referred to this previously—of the tensions between offshore wind farms and other uses of the sea, in particular the North Sea, such as, for example, fishing and shipping. I am not yet convinced that the Government have set out how these tensions will be resolved. I also understand that, in relation to the North Sea, there is currently no government forum to facilitate international co-operation and, for example, the sharing of knowledge or, perhaps, the ability to undertake joint research in this regard. As the hosts of COP, which I am sure we are all immensely proud of, will the Government use that as an opportunity to show leadership and set out how the UK will deliver their offshore wind ambition in a sustainable way, and with international partners as well?

I will end with a couple of questions; perhaps we can carry on the discussion, now that we are planning to meet, which I warmly welcome. I felt very much left out, so my heart is severely warmed by this. How will the Government resolve the tension between competing interests such as wind farms, fishing and shipping, particularly in the context of the North Sea but also in other areas where this takes place? Will they take the opportunity to commission research on the potential cumulative impacts before further construction, or planning permission is given for the siting, of wind farms? Will the Minister commit to a more strategic and precautionary approach and set out exactly how marine life and mammals operating within the North Sea will be protected going forward?

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is a pleasure to follow my friend opposite, the noble Baroness, Lady McIntosh of Pickering. I sort of see the point in her amendment; I had better not say that I support it, because I would probably get rude emails from the Green Party saying it has not been party policy, but obviously I would be happy to discuss it. On the issue of not being invited to meet the Minister, the Greens still have not been invited to meet him, and I cannot decide whether that is because we completely trust the Minister to understand everything that we are saying; I cannot think of any other option. We obviously trust the Minister completely to take our point of view back to Defra.

My amendment is on something that I care about very deeply, namely fracking. I have tabled it with a view to banning it once and for all. In doing so, I want to celebrate all the hard work of campaigners and activists across the country who delivered massive opposition against this dirty and dangerous polluting industry, often in the face of poor policy decisions by the Government and the fracking industry’s might-is-right attempts to quash them. In particular, I applaud the Preston New Road campaign in Lancashire. It was a thousand days of protest by the anti-fracking Nanas, a bunch of mainly older women led by Tina Rothery. They fought so hard in the face of well-financed and rather nasty, threatening behaviour by Cuadrilla.

In the 2019 general election, it was announced that we had won on this particular issue. The Conservatives, along with every other political party in Parliament, declared themselves to be against fracking. However, we in the UK are still supporting fracking in Argentina, which means we are offshoring the horrid stuff, so we do not have to count all the carbon emissions and so on, and Namibia is being exploited by a Canadian company. Ireland called for an international ban this year, and calls are now growing for an Irish-led global ban on fracking. I would be interested to hear from the Minister whether that is something that the Government might support.

Here in the UK, there are still legal loopholes that could allow fracking to be forced on communities. I am most worried that, even if the Secretary of State did reject planning permission for fracking, this could be overturned in a judicial review. The Government may have changed their policy to be against fracking but, if this conflicts with the law in a judicial review, their policy will be ruled unlawful. For this reason, we must change the law to reflect what is now common agreement: that fracking is banned in the UK. I hope that the Minister will agree.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords for their contributions to this debate. Although energy production is not directly covered by the scope of the Bill, its impact on the environment clearly is hugely important. The urgent need to decarbonise our economy means that we need to greatly increase our deployment of renewable energy projects in the coming years.

I thank my noble friend Lady McIntosh for Amendment 280. She is right that the development of offshore wind farms needs to be achieved in a way that protects fragile marine environments and, as she said, the many mammals and other forms of marine life that live there. It is all too common when pursuing a solution to one problem to simply brush aside the creation of other problems in the excitement. I pay tribute to her for raising these important issues, as she has done on many occasions in this House. I reassure her that applications for development consent for offshore wind farms made under the Planning Act 2008 are required to undertake an environmental assessment that includes consideration of the impact of development on marine life and sea mammals. This process can be used to secure mitigation to minimise any adverse effects of development.

I can confirm to my noble friend that Schedule 4 to the 2017 infrastructure planning regulations sets out the environmental information that developers have to provide in the environmental statements that accompany applications. This includes information on the cumulative impact. However, I am very happy to have that discussion with her when we meet shortly.

Both the examining authority and the Secretary of State are able to request further information during the application process if they consider that the information supplied by the applicant is insufficient. The information provided allows the Secretary of State to decide what level of mitigation or compensation should be required if there are adverse impacts on the marine environment. The Secretary of State must take into account both the benefits and the impacts of the project and any proposed mitigation or compensation in deciding whether to grant or refuse development consent.

More widely, the Secretary of State may set out in the relevant national policy statement any particular information applicants need to provide as part of their application for development consent for specific technologies. As my noble friend knows, the Government are in the process of updating the national policy statements for energy, and intend to publish the revised plans by the end of this year. There will be a full public consultation, as well as an opportunity for parliamentary scrutiny, before the updated statements are designated.

Supported by an investment from the Treasury’s shared outcomes fund, Defra is also leading work to improve the understanding of environmental impacts from construction, as well as looking at how we can reduce the impacts of underwater noise. We are also developing a mechanism for introducing net gain through offshore wind deployment and improving the accessibility and provision of data to improve consenting and monitoring. Defra is working very closely with BEIS, environmental NGOs and the offshore wind sector to make sure that any such mitigation or compensation is both effective and deliverable. The Government are also considering how future developments can be planned and delivered in such a way that any adverse environmental impact is significantly reduced.

In response to the noble Lord, Lord Teverson, and my noble friend Lady McIntosh, the offshore transmission networks review, which is led by BEIS and Ofgem, is currently working to increase co-ordination of offshore transmission to reduce, we hope, the overall amount of new offshore investment that is going to be needed to achieve targets. I hope this reassures my noble friend and that she feels able to withdraw her amendment.

I move on to Amendment 285, in the name of the noble Baroness, Lady Jones of Moulsecoomb. It is not possible to have too many meetings with the noble Baroness, and so I would be delighted to have more. The Government have always been clear that the development of domestic energy sources, including shale gas, must be safe, both for communities and for the environment. The Minister, Rebecca Pow, offered numerous assurances on this in the other place, and I am very happy to repeat them now.

In November 2019, the Government set out their position in a Written Statement to the House, in which they stated:

“The Government will take a presumption against issuing any further hydraulic fracturing consent.”


As the noble Baroness has explained, the experience of fracking so far has been costly. There are undoubtedly numerous questions about safety and environmental impacts. In respect of fracking and shale gas development, the Government have taken a science-led approach to exploring the potential of the industry, underpinned by strong environmental and safety standards. Following the events during fracking operations in 2019, which the noble Baroness referenced, the Government subsequently introduced the moratorium.

I add that the latest joint annual Statutory Security of Supply Report from BEIS and Ofgem, published on 18 December last year, does not use hydraulically fractured shale gas in any of the security of supply assessments. The Government have no plans to review the moratorium on fracking, nor will we support shale gas exploration unless and until the science demonstrates categorically that it can be done safely for both people and the environment.

I end by thanking all noble Lords for their contributions to this debate. I hope I have been able to reassure your Lordships’ sufficiently, so that my noble friend feels able to withdraw her amendment.

[Baroness McIntosh of Pickering (Con)]

I am grateful to all noble Lord who have spoken, and give special thanks to the Minister for his full reply. I am delighted to hear of all the work that is currently ongoing. I am grateful to the noble Lord, Lord Teverson, for his support and confirmation of the issues that we heard during the evidence session in the sub-committee on the environment.

I listened very carefully to all the research that my noble friend—if I may call him so—Lord Cameron of Dillington set out on birds. It showed how much need there is for marine life and mammals to be considered. He mentioned Ørsted doing the research into birds. I do not know why, if it is good for private companies to look into birds, it is not good for them also to do research into mammals. I hope that is something that the Government will explore.

I hope also that my noble friend will be able to tell us what the procedure will be for reducing tensions between fishing, shipping and wind farms. As the noble Lord, Lord Teverson, mentioned, if we go down the path of floating structures, I imagine that this could be more of a problem to fishing and shipping as well. I obviously pay tribute to the energy that we are harvesting from the seas, but I am grateful to the Minister for setting out the mitigation measures that the Government have put in place.

I have one final word on fracking, in connection with Amendment 285. There are absolutely no economic grounds for fracking; I think that has been proven in this country and elsewhere. It causes distress to local communities, and there are other means of energy. Look at Denmark as an example. It had a torrid time during the 1973 energy crisis, because it had no energy reserves of any note. It has made a comeback, and now it is in a very strong position, because of renewables. There are other forms of energy.

I think the Government’s position is quite sound, although I am not saying that I would not like to see a permanent ban on fracking—I am well signed up to that. For the moment, I beg leave to withdraw my amendment.

Amendment 280 withdrawn.

--- Later in debate ---

[Lord Khan of Burnley (Lab)]

My Lords, I move Amendment 293C, tabled in the name of my noble friend Lady Jones of Whitchurch. In doing so, I thank the noble Lord, Lord Kerslake, for signing the text.

Local authorities have been underfunded for years, with the majority having a decreasing budget for waste and recycling services. This bleak picture will certainly present a challenge to implementation but, as we can see from other countries, recycling success can be achieved through targeted government investment.

Having served in local government for 15 years, including holding the cabinet position for finance at Burnley Borough Council, I have witnessed first-hand the effects of drastic cuts, with local councils barely able to deliver statutory services. My observations and experiences are backed up in terms of the environment by the Environmental Audit Committee’s recent report Biodiversity in the UK: Bloom or Bust?. It highlighted that funding shortfalls and a lack of “in-house ecologists” in local authorities means that they may not have the capacity to deliver some of their statutory duties under the Bill, specifically biodiversity net gain and local nature recovery strategies.

For the Government’s environmental ambitions to be realised, new duties on local authorities to help them deliver nature recovery must be costed and funded accordingly. Local authorities are essential to the successful implementation of many provisions in the Bill. For example, they will play an important role in co-ordinating and delivering nature recovery on the ground through the creation of local nature recovery strategies—as mentioned before. However, their effectiveness relies on the resources and expertise they have available to deploy these crucial tools. It is firmly believed that, due to recent funding cuts, only one in four local authorities in England currently has access to an in-house ecologist. Costs incurred by local authorities to implement new schemes resulting from the Bill should be covered by the Government’s new burdens obligation. It would be helpful if the Minister could make an unequivocal statement on this in the Chamber.

This proposed new clause is intended to explore the extent to which local authorities are financially prepared to deliver new schemes and responsibilities established under this legislation. This is day eight in Committee and many noble Lords at Second Reading and in Committee have talked about this being a landmark, historic Bill —something that will be working for generations for the future of our children. However, you need to give the relevant stakeholders—in particular, here, local authorities —the tools and support. This amendment gives us the opportunity to look at the cost and funding element of local authorities. I have been there as a local government member making those tough decisions. These tough decisions are for the benefit of our future.

If we do not support local authorities, it is like asking noble Lords to run across Westminster Bridge or a race of 100 metres without any trainers or adequate footwear. It is not fair; you need to give them the right tools to do the job. This is essential to ensure that we are not setting up local authorities to fail and letting them down again—as, unfortunately, this Government have a habit of doing.

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome Amendment 293C. I am sure we are all pleased to see the noble Lord in his place and that his wife was not called upon on this occasion. I am pleased to speak to this amendment because I am asking my noble friend the Minister to join me in applauding and valuing the work of local authorities in delivering schemes, particularly under this Bill, but also historically and to-date.

The noble Lord, Lord Khan, spoke with great authority on waste disposal schemes and recycling. I will speak of my experience of the role that they play so effectively in flood-prevention schemes. Being closely associated with the Pickering Slowing the Flow pilot scheme, I think that this was exemplary because it included just about every level of local authority—Ryedale District Council, North Yorkshire County Council, Pickering Town Council, the Environment Agency and many others—which enthusiastically supported and contributed financially to it.

The weight of responsibility on local authorities will be eased in this regard if we could rope more private partners into these schemes, as I know that the Government are trying to do. I look forward to supporting anything that the Government can come up with in this regard.

However, upper-tier councils and unitary authorities play another role: an ongoing role of monitoring flood risk and identifying and mapping the areas most at risk. This is a crucial role that is often forgotten in times outside flood periods. Councils have come under huge pressure and have performed extremely well during the pandemic, which should be noted and celebrated.

However, if we value their work in this regard, as I do, will my noble friend seek to use his good offices to ensure that the work they do and the money that is allocated to it are ring-fenced and do not come under increasing pressure from the other work that they do, particularly caring for the vulnerable, such as the elderly, and providing education for the very young? I am grateful for the opportunity, in the context of this amendment, to make those few points and applaud the work of local authorities in this regard.

[Baroness Quin (Lab) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering, whose work on the Bill has been so thorough and admired. I welcome the tabling of this new clause and agree very much with the points made by my noble friend Lord Khan in speaking to it. As we all know, the role of local authorities has been important—indeed, crucial—in the battle against Covid. These same local authorities will also play a key role in helping to deliver environmental and climate change targets.

I will supplement some of the points made by my noble friend Lord Khan, having taken some soundings from local authorities in my own area in the north-east, including one covering a large rural area, with Conservative control, and another in an urban area, with Labour control. It was interesting that, despite these obvious differences, the authorities were largely in agreement about the opportunities and challenges presented to them by the Bill.

The authorities concerned have a strong commitment to biodiversity and the principle of biodiversity net gain. Where I live in Northumberland, we are very much on the front line in the efforts to prevent the disappearance of the red squirrel, and, on this issue, there is not just local authority support but very strong public support. On Tyneside, the area that I used to represent in the other place, the importance of biodiversity was publicly understood by the presence of the farthest inland colony of kittiwakes and the establishment of the Kittiwake Tower local nature reserve around the Newcastle-Gateshead Quayside. For that reason, I was particularly interested in what the noble Lord, Lord Cameron of Dillington, said about kittiwakes earlier.

The authorities that I have consulted are strongly committed to the principles of the Bill; they all supported biodiversity net gain, the importance of local nature recovery strategies and the importance of consistency, and the highest standards of recycling and waste collection. However, all were agreed on the following points. First, they were concerned about having the necessary resources. Secondly, they felt that, in many ways, the devil was in the detail, so clear guidance would be crucial and their continued involvement in such guidance would also be very important.

On resources, it was felt that, if not properly resourced, outcomes would be unsatisfactory and not properly meet the obligations that the Government and the local authorities want to enter into. My noble friend made the point about additional skilled resources, and I ask the Government what assessment they have made of the availability of trained ecologists? Do they have a clear strategy in terms of how we can boost training schemes in a timely manner so that any shortfalls in skills can be addressed? I think that some local authorities worry that organisations like Natural England, which have understandably seen their budget increase in recent years, might be in a better place to recruit trained staff than local authorities, many of which, as was eloquently described by my noble friend, have experienced deep cuts in recent years and have had to concentrate on core services such as social care and cut back on other areas.

While there was strong support for the principle of biodiversity net gain, some worries were expressed in the response to the government consultation. I recognise that the Government have shown willingness to address the issues that arose in the consultation, but I also note that in their response, they said they did not think that any particular type of development would be disproportionately affected by their proposals. This puzzled me because it seems to me that there are concerns in urban areas that the proposals could cause problems.

Ironically, brownfield sites in urban areas can often be more biodiverse than sites in farmed countryside in rural areas because many of them have, in effect, been rewilded in recent years. However, because of low property values and the desire to see affordable housing built there, quite rightly, such sites may face financial viability issues. Rather than going into the details about this, I would like the Minister to engage with urban authorities to discuss in more detail their valid concerns about biodiversity net gain in such areas, simply to reassure them that they will not, for financial reasons, find difficulty in meeting the goals have been set and which they fully support.

There is also concern about the detail on waste and recycling standards, and there is keenness to see that money is spent to bring about the best environmental outcome. There are some concerns that what might seem cost effective or simply tick the right box on food collection, for example, is not the best environmental way forward. There is also the issue of current contracts, which needs to be looked at, if local authorities are already locked into longish or long-term contracts. In delivering these proposals, councils need to be fully funded and ring-fenced. They need to know how the funding will be sourced, calculated and allocated, and whether this will have implications for other areas of the local government settlement. In short, this needs to be resourced for the best outcome.

On the detail of what local authorities are being asked to do, the point has been made to me that we need to reflect in detail on some of the difficult trade-offs that may arise. For example, local authorities might be asked to achieve the right diversity in the wrong place. I will give a local example: in Northumberland, we have Kielder Forest, which used to be a huge and very densely planted forestry area. It has become a very valuable tourist resource these days, but felling is taking place, and there will be pressure to plant more trees. Yet planting trees in peat bogs is not environmentally sound, and new trees, particularly native trees and anything other than the dreaded Sitka spruce, about which the Minister knows my views, might be better situated in some of the arable farming areas. However, that also gives rise to questions.

There can also be complications about trade-offs between, for example, the habitats of particular birds that nest in open countryside. We have to set that against the need to plant more trees, which is also environmentally very important—so, to resolve these issues, it seems to me that there will be a need for good communication between local authorities and the Government to ensure that local decisions, taken perhaps for very good reasons, do none the less fit into the wider vital effort to save the planet and fulfil wider environmental obligations.

I am sure that it would help the Government on many issues to deal with groups of local authorities, particularly in the context of nature recovery strategies. In the case of my own part of the world, I express the personal hope that the maximum amount of local authority joint working can be agreed, from Berwick in the north to the south of County Durham on the other hand, rather than a divide between north and south of Tyne, which makes no economic or environmental sense and ignores the increasing willingness of the authorities to work together. On the environment, my understanding is that there is already a good network of officer engagement, driven by practical considerations.