Pollution in Rivers and Regulation of Private Water Companies
Debate between Baroness McIntosh of Pickering and Lord Harlech(2 months, 1 week ago)
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Baroness McIntosh of Pickering (Con)
We are on a timer, so I will take advice on whether we are permitted to take interventions. Does the Clock stop if I take an intervention?
Baroness McIntosh of Pickering (Con)
I am afraid that I cannot give way.
Large-scale developments built in inappropriate places, such as zone B flood plains, compound that with poor connections. We must tackle the problems of sewage at source, before it enters the rivers and sea. While the Government make the case for building on flood plains in certain circumstances, that should not be encouraged. In any event, such homes will not be insured under the Flood Re scheme if built after 2009.
I will also raise the vexed issue of misconnections. The Government made two commitments under the storm overflows discharge reduction plan that could help to address the issue: to give water companies the right to repair defective drains on private property, and to give water companies the right to alter drainage systems on private property to reduce impermeable areas connected to the combined sewer network. An important part of tackling misconnections is getting to the drains on private land, so that water companies can take action, as the majority of misconnections are on private land. Will the Government also allow water companies access to government-owned land, such as hospitals and schools, to make the necessary repair work and to repair drainage separation work where required? That measure alone would prevent excess water entering combined sewers.
Having examined the causes of pollution in our rivers, is there a case for further regulation of private water companies? Water companies have a positive role to play in areas such as creating natural flood defences—as the noble Baroness, Lady Bakewell, pointed out—particularly by working with farmers and others. I pay tribute to the work of Yorkshire Water and United Utilities in that area. Defra should encourage other private sector players to contribute to that. What plans does my noble friend the Minister and his department have to do so? The Slowing the Flow scheme in Pickering, with which I was associated, is a good example of a natural flood defence combined with a small reservoir—not an overengineered project, such as those to which the noble Baroness, Lady Bakewell, objected—although all those involved were from the public sector. I urge the Government to lever more private sector funding into that. If we are to follow through with linking renumeration to performance, I invite my noble friend the Minister and his department to look at the corollary of that by giving water companies the tools to do the job.
The Government promised in this place and the other place that Schedule 3 to the Flood and Water Management Act 2010 will be implemented as it has been in Wales. Will my noble friend confirm that this will happen in England before the election? It is extremely important that we stop the automatic right to connect, whereby water companies are expected to connect pipes from three, four or five-bedroomed homes to antiquated Victorian pipes that simply cannot take the amount of wastewater and sewage coming out of these new builds. The Government must insist on mandatory SUDS—sustainable drainage systems—for all new builds. I hope they will also commit to an ambitious programme of retrofitting to existing developments, where appropriate. Obviously, that raises the question of who will maintain the SUDS, which is an open question at the moment.
Will the Government look favourably on rewarding farmers for storing water on flood land? According to the NFU, over half the most fertile farmland in Britain is on flood plains. The farming community and landowners are performing a public good by preventing communities downstream from flooding. However, there is great uncertainty as to how farmers can benefit from public funds. Often this flooding will include sewage. Can my noble friend clarify who will be eligible to apply for both the flood recovery framework and the farming recovery fund, and what level of damages can be recovered? Equally, will Defra recognise that the role farmers play in storing floodwater is a public good? Will the Government look positively at a whole-catchment area approach, and more slow-the-flow schemes such as those successfully implemented in Pickering and elsewhere protecting downstream communities from flooding?
I applaud the action that the Government have taken on holding directors to account, particularly the instruction they have given to Ofwat and the work Ofwat has done on executive pay. Ofwat has been very clear that companies need to demonstrate that performance-related executive remuneration is linked to performance for customers and the environment. In June last year, Ofwat confirmed that where companies do not demonstrate that executive pay is linked to performance, it will stop companies recovering the cost of bonuses from consumers.
I welcome the level of investment announced in the five-year business plan that Ofwat has yet to approve. It will factor in £96 billion in the next investment period 2025 to 2030, of which £11 billion will be allocated to reduce overflow spills. The noble Baroness, Lady Bakewell, identified an area which has only been recognised for spend—innovation—since 2014. I hope that Ofwat will go much further, recognising the natural flood defences to which the noble Baroness referred as innovative projects under the spending review. I think this will help many of the issues the noble Baroness identified. We do not want overengineered projects, we want natural flood defences—and these schemes have to be approved as part of the price review.
Finally, the NAO report in November 2023 made a number of very apt recommendations to increase resilience to future flood events, such as reprofiling capital spend, maximising long-term value for money and ensuring flexibility to switch money from capital spend to asset management. My preference is to establish a single budget for all flood spending.
Finally, will my noble friend look favourably on the use of SUDS and natural defences to ensure no overspill of raw sewage into combined sewers, so that it will not enter the rivers. Will he look favourably at a whole-catchment area management approach, to make highways authorities responsible for water run-off of pollution from these surfaces into combined sewers? Will he address the issue of missed connections and permit water companies to enter private land and government property in schools and hospitals? Will he look at giving water companies the right to alter drainage systems, consider the recommendation from CIWEM for a comprehensive independent review of water management, inform the public of the importance of water efficiency and address all the recommendations of the NAO report of November last year?
Farming: Support
Debate between Baroness McIntosh of Pickering and Lord Harlech
Lord Harlech (Con)
The right reverend Prelate raises a number of very important points, and Defra is looking closely at all of these. I specifically take his point on the EFRA Rural Mental Health report. The Government will respond in due course to acknowledge the report. We are already taking steps in the right direction to support and improve mental health in rural communities. We are investing £2.3 billion extra a year into the expansion and transformation of mental health services in England, and we are also supporting mental health and well-being as an outcome of our future farming resilience fund.
Baroness McIntosh of Pickering (Con)
My Lords, will my noble friend the Minister pay tribute to the plight of small family farms, which face particular anguish over rising input costs, to which the right reverend Prelate referred, but also the inability to pass those costs on to consumers? My noble friend was kind enough to refer to charities. Will he work closely with the FCN, the RABI, the Addington Fund and others to ensure that the right support is getting to those farmers at the right time?
Lord Harlech (Con)
I completely agree with my noble friend and pay tribute to the outstanding work being done by charities, such as the Farming Community Network, the YANA project, the DPJ Foundation and the Royal Agricultural Benevolent Institution, for the help and support that they are giving and for raising awareness about farmers’ health and welfare. Farming can seem like a lonely job at times, but to anyone who is struggling I say that you are not alone. Talking is often the first step, but also the hardest. I urge anyone struggling to cope with the pressures they are facing to reach out to one of these organisations.
Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023
Debate between Baroness McIntosh of Pickering and Lord Harlech
Lord Harlech (Con)
My Lords, I declare my farming and land management interests as set out in the register. These regulations were laid before the House on 23 May.
The purpose of this instrument is to restrict the supply of single-use plastic plates, bowls and trays and to ban the supply of single-use plastic cutlery, balloon sticks and expanded and extruded polystyrene food and drink containers, including cups. The instrument applies to England only, as environmental protection is a devolved matter. I will cover both the purpose and the impact of the instrument, starting with the former.
It is the Government’s ambition to leave the environment in a better state for the next generation. The Government’s 25-year environment plan and the resources and waste strategy outline the steps that we will take to eliminate all avoidable plastic waste by 2042. Government measures focus on extracting maximum value from plastic materials by making sure that we keep it in circulation for longer, moving away from a “take, make, throw” model and shifting towards a circular economy. Single-use plastic items are especially problematic, as they are typically littered or discarded to general waste, rather than recycled. This is due to the difficulties involved in segregating, cleaning and processing them.
The instrument will restrict and ban commonly littered single-use plastic items that we so often see polluting our environment and are frequently reported in beach litter surveys. These items can endanger wildlife and damage habitats. As well as causing damage to biodiversity, there are also costs associated with their clean-up. It is estimated that the UK spends more than £15 million a year removing beach litter. This does not include the costs imposed on our tourism and fishing industries, which are also impacted.
As is well understood, plastic eventually breaks down into microplastics, ending up in our soils and seas and eventually permeating our food chains. The full impact of microplastics is still being uncovered, especially the impacts on human health. Therefore, to build on the success of other single-use plastic item bans and our carrier bag charge, further action is needed to curtail the use of problematic single-use plastic items and their release into the environment.
Turning to the impact of the statutory instrument, we acknowledge the ongoing voluntary action being taken by industry to reduce the use of these items, led by the UK Plastics Pact. These new regulations will support that and ensure that all businesses move to more sustainable alternatives.
To inform the regulations, we gathered key stakeholder views by running a public consultation on these measures between November 2021 and February 2022. This showed overwhelming support for the regulations, with more than 80% of respondents supporting their introduction. We also consulted businesses, the NHS and charities to determine the scope of the regulations. To minimise the impact on small businesses, we have given a nine-month lead-time since the announcement of the ban.
It is intended that this instrument will come into force on 1 October this year. From then, it will make it an offence to supply single-use plastic cutlery, balloon sticks and certain types of polystyrene, with no exemptions. The ban on the supply of single-use plastic plates, trays and bowls applies only when supplied to the end user —typically a consumer, who will use them for their intended purpose. Businesses can continue to supply these items to other businesses. This allows single-use plastic plates, trays and bowls to continue to be used for packaging, as defined in Regulation 3 of the Packaging (Essential Requirements) Regulations 2015. This is to avoid confusion with the Government’s proposals for extended producer responsibility for packaging, which will give producers responsibility for the costs of their packaging throughout its lifecycle. However, it is important to stress in all cases that we encourage businesses to use reusable alternatives where practical.
We are determined to get this right, and it is vital that businesses and the public are informed about what they can and cannot do. We have recently published guidance for businesses and will publish our guidance for local authorities in advance of this instrument coming into force. The guidance will assist manufacturers, suppliers, retailers and the public in understanding the enforcement and sanctions regime. Defra intends to further raise awareness by meeting local authority representatives to provide further clarity and support on the restrictions and exemptions, and to empower trading standards officers to carry out effective enforcement.
This instrument also makes amendments to the Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 and the Environmental Protection (Microbeads) (England) Regulations 2017. These are to amend the civil sanctions provisions in those instruments to provide for fixed monetary penalties, instead of variable monetary penalties. This will ensure consistency with the civil sanctions provisions in this instrument and make enforcement easier for local authorities. The amendments to the 2020 regulations also omit a transitional provision relating to medical devices, which is no longer needed. Finally, I should mention a typographical error in the instrument as laid in draft. The heading preceding Regulation 14, “Part 1—Amendments”, should read “Part 6”. I confirm that our intention is to have this corrected in the draft instrument before it is made.
To conclude, these new regulations send a strong signal to industry and the public that we need to think carefully about the products we buy and the materials from which they are made. This instrument will bring us a step closer to protecting the environment and reducing the risk of harm to human health and marine life. I commend the draft regulations to the House.
Baroness McIntosh of Pickering (Con)
My Lords, I thank my noble friend and welcome him to a speaking role on the Government Bench this afternoon.
I broadly welcome the regulations before us—I just have some queries, which I shall address. In so far as it goes, the ban is very welcome. We are told that the instrument
“bans the supply of single-use of plastic cutlery and balloon sticks and EPS/XPS food and drink containers in England”.
But at paragraph 7.4, the Explanatory Memorandum goes on to say that the,
“ban does not apply to the supply of a single-use plastic plate, tray, or bowl that is packaging as defined in regulation 3 of the Packaging (Essential Requirements) Regulations 2015”.
Apparently, that is to do with extended producer responsibility. Would it not have been better if it had been absorbed in these regulations? From the point of view of producers and users, it would be clearer what is being banned under the instrument and what is not.
Lord Harlech (Con)
That is a fair question, although it is slightly out of Defra’s remit, so I think that the best thing to do would be to write to the noble Baroness in response to her question about trading standards officers.
To avoid duplication or confusion with our proposals for our extended producer responsibility scheme, bowls, plates and trays used as packaging by businesses will not be included in the ban. However, we strongly encourage businesses to explore how they can reduce the use of single-use items and move to reusable alternatives instead.
My noble friend Lady McIntosh of Pickering rightly brought up the potential impact on businesses through the introduction of this SI. The largest cost is due to capital investment costs incurred by producers for adapting their production processes. Producers may also incur a loss of profits. Another large cost is due to wholesale prices of wooden cutlery and paper, and food and beverage containers, usually being larger than their plastic equivalents. Businesses will also incur familiarisation costs, additional waste management costs and additional fuel costs. On the question about single-use plastic cotton buds used for medical purposes, there are exemptions for use for forensic and scientific purposes—otherwise, they are totally banned.
If I have neglected to answer any questions, I shall consult Hansard, and do my best to write with an answer. Not wishing to detain the Grand Committee further, I conclude by thanking noble Lords for their contributions.
Baroness McIntosh of Pickering (Con)
If my noble friend is unable to answer today, can he write to us on substituting wood for plastics and the knock-on effect that that would have on the environment and deforestation? I understand that that might be the responsibility of a different part of the department, but the noble Baroness, Lady Bakewell of Hardington Mandeville, and I both asked about that. I understand that it is quite technical, so he could write to us.
Lord Harlech (Con)
I think that I just said that I shall answer in writing any questions that I have not answered now.
Environmental Targets (Water) (England) Regulations 2022
Debate between Baroness McIntosh of Pickering and Lord Harlech(1 year, 3 months ago)
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Baroness McIntosh of Pickering (Con)
Because that is the way it goes. I thank the noble Baroness for giving way.
Lord Harlech (Con)
My Lords, it is the turn of this side. There will be time for everyone to contribute.
Cryptocurrencies
Debate between Baroness McIntosh of Pickering and Lord Harlech
Lord Harlech (Con)
Recent events in the crypto asset market such as the failure of FTX and the stablecoin Terra Luna have highlighted vulnerabilities in the sector and reinforce the need for timely, clear, appropriate and effective regulation. It is therefore important that we get that right. The Government’s commitment to strengthening strictly crypto asset regulation will support authorities in managing these risks to protect consumers, maintain financial stability and support innovation. This is, after all, a growth sector. The Government will continue to closely monitor the wider crypto asset market and will stand ready to take further regulatory action if required.
Baroness McIntosh of Pickering (Con)
Does my noble friend agree that the Government could be accused of being slow to regulate in this field? What type of regulation do the Government intend to introduce?
Lord Harlech (Con)
I thank my noble friend for the question. At Fintech Week 2022 the Government announced their commitment to consult on a world-leading regime for a broader set of crypto asset activities. The Financial Services and Markets Act also ensures that crypto assets may be regulated within the existing financial services regulatory framework. Furthermore, the UK is committed to creating a regulatory environment in which firms can innovate while, crucially, maintaining financial stability and regulatory standards.