Environmental Principles Policy Statement

Debate between Baroness McIntosh of Pickering and Lord Hodgson of Astley Abbotts

Thursday 30th June 2022 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Baroness and her eloquent, thoughtful contribution. I congratulate the noble Baroness, Lady Parminter, on giving us this opportunity to debate the first statement on environmental principles.

I start by following some of the points my noble friend Lord Hodgson of Astley Abbotts contributed. In particular, I look forward to hearing my noble friend’s response to the call of the Secondary Legislation Scrutiny Committee’s report. It says in paragraph 40 that, as

“this is the first policy statement under the Act, it is essential that the practical implementation and effectiveness of the policy statement … be properly monitored and evaluated by all government departments”.

That was touched on by most of the contributions this afternoon.

When I was in the other place chairing the EFRA committee, I was at my wits’ end because so many of the regulations that came through were from Europe, and we could only—as my noble friend has explained—rubber-stamp them. They contained all the policy provisions. As we know, we often gold-plated them. One of the benefits of leaving the European Union is that we can no longer gold-plate policy from that particular quarter. It is very important, as my noble friend Lord Hodgson explained, that we have the opportunity to think through—this is the role of that committee—not only whether the policy has been adequately consulted on but whether it fits in with the primary policy objective. So often we find that not to be the case.

We have taken an awful lot on trust in the last two years. We have adopted very important Acts of Parliament with huge powers under Henry VIII clauses. Possibly—I say this as a very brave Back-Bencher—we ought to take the nuclear option more often, because we are imposing real obligations on businesses. I am thinking in particular of farmers and landowners. Perhaps we will leave it to the main opposition parties to do that on more occasions and we can cower behind them.

My noble friend came out with this idea of having a new procedure to scrutinise these framework Bills in the first place, but surely we could just make more use of the procedure we have of considering draft Bills. It is incumbent on the Government to explain why we are not using that procedure. We are running into enormous problems in this Session as well, where we have passed down the opportunity to consider things at the stage of a draft Bill. Perhaps ask a scrutiny committee or a Select Committee in each House to do this as part of their regular work. I am sure the noble Baroness, Lady Parminter, and her committee would do that.

[Lord Hodgson of Astley Abbotts (Con)]

I absolutely accept what my noble friend says. I was not suggesting that this was the only way to skin the cat; I was just trying to say that this was one way it could be skinned. The important thing is to get a discussion going about the fact that the cat needs skinning. We have not got to that but we need to get to it. The procedure is of secondary importance; the first thing is to persuade the Government and the Opposition Front Bench that this issue needs addressing.

[Baroness McIntosh of Pickering (Con)]

I put on the record that I do not wish to skin any cat, for obvious reasons. I am just trying to support my noble friend’s proposal and the noble Baroness. Peace has broken out on the Committee.

I congratulate the noble Baroness, Lady Parminter, on the ground she covered in her opening remarks. I do not wish to comment where I agree, but I take issue with one thing—my noble friend the Duke of Wellington is very aware of this. I believe it is unacceptable to continue to have the possibility of raw sewage entering the river or bathing waters at an earlier stage. I know this is a different department; this is one of the problems we have identified this afternoon. If you are to have a commitment, which I think all parties agree to, of building 300,000 houses a year on land that is prone to flooding, in inappropriate places and connected to pipes that are not fit for purpose—the Government and the department accept that they are Victorian pipes—we need to allow a massive investment in the next AMP round, the price review in 2024, for the water companies to do this. I challenge my noble friend to bring forward Section 23 of the Flood and Water Management Act 2010 to enable us to do so. In 2007 Michael Pitt called for an end to the automatic right to connect. It is inappropriate that someone living in an existing development should face the possibility of raw sewage coming into their home because the wastewater does not fit into the existing pipes. We have to end this disgusting practice, and now.

I am a big supporter of Surfers Against Sewage but it is missing the point. We are dealing with this at the wrong stage, and much as I welcomed my noble friend the Duke of Wellington’s amendment, that is too late. If we have this housing commitment—I do not disagree with it; I just do not know where all these people are coming from—we need the investment in wastewater. Bring forward Schedule 3, give us a date and ensure that we end the automatic right to connect with no provisos, ifs or buts—just completely end it—allow water companies to disconnect until the investment has been made and recognise water companies as statutory consultees. Then we will no longer be pumping raw sewage into rivers and bathing waters in the first place. I shall calm down now.

I invite my noble friend and the department—as my noble friend Lord Hodgson asked us—to make sure that there is joined-up thinking between the different policies coming out of one department. I make a plea that food production, as the NFU president asked for today, be recognised as a top priority of the department. I have heard my noble friend either respond to Questions or make Statements in this regard on a number of occasions and I wholeheartedly support him in that, but we are currently only on 60% self-sufficiency in food. The NFU pointed out today in the publication of its survey that farmers’ confidence to invest has been severely dented by all the reasons the noble Baroness, Lady Boycott, rehearsed before us this afternoon. It has been dented by the spiralling costs of energy and fuel in this country, which are not within our control; they are the result of the war in Ukraine. That is a challenge to the Government; we have to have more storage of gas. We cannot have just 30 days —or was it 60 days?—of storage. It is clearly insufficient before we go into another autumn.

How does my noble friend respond? I invite him to support the call from the NFU for the Government to introduce a duty on Ministers to assess the impact of any new policy—I take the environmental statement of principles to be a new policy—on food production.

The survey results from the NFU show that a third of arable farmers have made changes to their cropping plans in the last quarter or four months, which 90% of growers attributed to rocketing fertiliser costs. Growers are now switching from growing milling wheat for bread to growing feed wheat for animals, because it has a lower fertiliser requirement. Also, over the next two years dairy farmers were most concerned about prices of feed, with a 93% increase; fuel, with a 91% increase; energy, with an 89% increase; and, as my noble friend the Minister knows, fertiliser, with an 88% increase.

Why is this important? As we consider the environmental principles policy statement today, the Government are putting the finishing touches—I hope—to the environmental land management schemes. The noble Baroness, Lady Boycott, has spoken eloquently on this on a number of occasions. There are simply too many competing uses for land. Will my noble friend confirm that farming and food production are public goods for the purposes of environmental land management schemes, and that the five environmental principles before us—the integration, prevention, rectification, polluter pays and precautionary principles—will have a crossover to ELMS, with the sustainable farming incentive, local nature recovery and landscape recovery uses? Without that, it will be totally confusing for our farmers and growers to know what they have to do.

I welcome the opportunity to debate these issues today. I hope we will be able to give confidence to farmers, growers and consumers and have greater clarity, not just on what the environmental principles will be but on how these will impact on ELMS and other aspects of Defra work.

National Security and Investment Bill

Debate between Baroness McIntosh of Pickering and Lord Hodgson of Astley Abbotts

Committee stage
Tuesday 9th March 2021 Grand Committee

[Lord Hodgson of Astley Abbotts (Con) [V]]

My Lords, I have tabled two amendments in this group, Amendments 34 and 35, which I shall now address. Again, they seek to provide clarity on the detailed operation of the Bill. As before, I am grateful for the support of the noble Lord, Lord Clement-Jones, and the Law Society.

Amendment 34 proposes a clarifying change to Clause 10(2)(b). It is argued that the existing wording of the clause means that any changes of ownership within the group of a company falling into one of the relevant sectors will require a notification. For example, an ultimate parent company might hold an interest in one such company through a wholly-owned subsidiary and, as a result of a decision to reorganise the group, it is decided that the parent should hold the interest directly. The holding company has the shares transferred to it. Any such holdings which are acquired after the commencement date, when the Bill becomes an Act, will have been through the security screening process, so there is surely no need for further consideration of what is essentially a paper transaction.

That leaves us with the question of how to deal with similar intragroup transfers where the initial investment was made before the commencement date. In such cases, of course, no screening will have taken place. Amendment 34 would require such changes to go through the standard notification and approval process.

Amendment 35 again seeks to provide clarity about how the Bill will operate in practice. Applying the current drafting of Clause 10 to a group which has multiple separate entities appears to require each of them to make a separate notification of a potential trigger event. That surely cannot be a sensible approach and, if followed, is likely greatly to increase the bureaucratic burden of form-filling and checking, and be a strain on the ISU. Amendment 35 establishes that, in the case of a corporate group, only one trigger event would arise and only one such notification would therefore be required.

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

I speak in support of Amendments 31 and 33. As I have the same brief, I do not intend to speak for long but I support all the arguments put forward by the noble Lord, Lord Bruce of Bennachie. I also state that I am a non-practising advocate of the Scottish Bar and a member of the Faculty of Advocates. If my noble friend the Minister is not minded to support the amendments, may I suggest that he meet the noble Lord, Lord Bruce, and me—if the noble Lord, as the author of the amendments, is agreeable—and, I hope, representatives from the Law Society of Scotland?

I honestly believe that this is a potential unintended consequence of the Bill, which could seriously disadvantage not just the Scottish legal profession but, more importantly, the financial service sector and financial investment sector in Scotland, which, as the noble Lord said, is sizeable in its contribution to the economy and employment. I endorse everything that he said and congratulate the Law Society of Scotland on bringing this to our attention. My understanding is that if the Bill is enacted as drafted, it could have grievous consequences for Scots law, Scottish practitioners and the financial sector. It behoves the Government to look favourably on the amendments. If not, I hope we can have the earliest possible meeting to discuss these matters in more depth.

Financial Services Bill

Debate between Baroness McIntosh of Pickering and Lord Hodgson of Astley Abbotts

Committee stage
Monday 8th March 2021 Grand Committee

[Lord Hodgson of Astley Abbotts (Con) [V]]

My Lords, I have Amendment 105 in this group, which is also a probing amendment, and seeks to insert a new clause in the Bill about regulatory co-operation with the EU. In her Amendment 90 the noble Baroness, Lady Bowles, called for actions. Amendment 105, as the explanatory statement makes clear, is a reporting mechanism to report on progress towards or completion of an MoU with the EU on regular co-operation measures, which were envisaged under the trade and co-operation agreement between the UK and EU as regards financial services. The amendment flows from my chairmanship of the Secondary Legislation Scrutiny Committee of your Lordships’ House.

Last autumn, the committee considered a number of statutory instruments, which have granted equivalence to oversight and regulatory arrangements in the EU in the area of financial services. Mostly they were laid by the Treasury but some were laid by another departments. It was not clear to our committee whether the SIs were all part of a potential agreement with the EU or whether they were unilateral individual decisions. We wrote to John Glen, the Economic Secretary to the Treasury, as follows:

“Equivalence in relation to the regulation of financial services is an important aspect of our future relationship with the EU. In several of the instruments that we have considered, the UK appears to have granted equivalence indefinitely, while the EU has not yet completed its assessment of the UK’s equivalence (for example in relation to the regulatory regime for auditors) or has granted only time-limited equivalence (for example limited to 18 months in the case of the supervisory arrangements for central counterparties).”


Against this background, we asked for further and better particulars on three points:

“A list of the equivalence decisions made by the UK Government in the different areas of financial services regulation. Whether the EU has reciprocated and granted equivalence to the UK and its regulatory arrangements in these areas. Whether equivalence by the UK and EU has been granted indefinitely or is time limited.”


The reply on 7 January, which I referred to in my speech at Second Reading, was not a model of clarity and precision. Phrases like

“a package of equivalence decisions”

and “the majority of decisions” do not help critical analysis. The correspondence between the noble Lord, Lord Butler, and my noble friend Lord Agnew at Second Reading, which followed this and circulated among all who participated in that debate, seemed to follow the same generalist approach.

However, John Glen’s letter did make one thing clear, that

“there are no decisions made by the EU that have not been reciprocated by the UK.”

As such, to date, it has been a one-way street. That is not necessarily a bad thing, but Parliament and the country are entitled to, and should, know about the development of our relationship with this most significant and geographically proximate market in a sector of particular importance to the United Kingdom—hence my tabling this amendment.

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

My Lords, I am delighted to follow my noble friend, and I thank him and the other authors of the amendments in this group.

This is a particularly appropriate moment to state that “taking back control” has possibly worked less successfully in the financial services sector than in any other since we left the European Union, with Amsterdam having overtaken us as the largest share-trading centre. There are generally understood to be four options for trade in financial services with the EU. First, there is passporting, which we enjoyed and was very beneficial not just to the London Stock Exchange but, I venture to add, other centres, such as Edinburgh, Leeds and other financial centres in the United Kingdom; it was the most seamless form of trade in financial services. Secondly, there is trade on World Trade Organization terms and, thirdly, free trade agreements, such as that agreed between the EU and Canada, although I am not convinced that it covers financial services or services as a whole. Finally, there is equivalence. If we are not able to revert to passporting, and I understand that we are not, that would be a good way forward. My understanding is that equivalence is where a decision is made by one state to recognise another state’s legal requirements for regulating a service, even though they may not be the same—so, clearly, it is not as good as passporting.

I very much enjoyed the introductory remarks of the noble Baroness, Lady Bowles, and I support each of the amendments in this group for differing reasons. Obviously we will not have the chance to hear from the noble Lord, Lord Tunnicliffe, until he speaks to his amendment, but all three of the amendments in this group would, I believe, further the case for equivalence with the European Union.

Time marches on, and we obviously realise that the trade and co-operation agreement with the European Union left out this major sector of financial services. So I take this opportunity to ask my noble friend the Minister to say, in summing up this debate, precisely where we are with the negotiations and whether we have any chance of reaching an agreement on equivalence under the circumstances and the further particulars as set out by my noble friend Lord Hodgson of Astley Abbotts. I find it deeply regrettable when our own Minister cannot answer three very simple questions in a letter so that our understanding is better. However, with those few remarks, I am minded to support Amendments 90, 100 and 105 for the reasons given.

Agriculture Bill

Debate between Baroness McIntosh of Pickering and Lord Hodgson of Astley Abbotts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Tuesday 21st July 2020 Lords Chamber

[Baroness McIntosh of Pickering]

My Lords, I will speak to Amendments 162 and 171. I am delighted to thank the noble Baronesses, Lady Jones of Moulsecoomb and Lady Ritchie of Downpatrick, and my noble friend Lord Caithness for their support.

I believe that it is essential to have a report on progress on food security more frequently—I would suggest every year. Amendment 162 therefore seeks to increase the frequency of publication by the Government of their proposed reports on food security. While I welcome the fact that the Government have indicated their willingness to produce an early report, a five-year interval between reports is much too long for such an important and sensitive issue. Every 10 years we have an issue of food security or animal health—pest, pestilence and, currently, pandemic. We had BSE; we had foot and mouth disease; and we had the horsegate scandal, which could have been much worse, rather than just a fraud.

The impact of the Covid-19 pandemic has, if anything, highlighted even more the strains and stresses within the food supply system. There is no doubt that some of these issues will continue to be a problem for a long time to come. This is the first time in my living memory that we have experienced empty supermarket shelves and people having to queue to shop for food and having restricted choice within food retail outlets. The loss of the food service sector through the government lockdown measures was also a major shock that caused many consumers to consider issues around food security for perhaps the very first time.

We have become complacent over time about our ability, as a relatively rich nation, to secure our necessary food both domestically and internationally, but this could become a much more difficult proposition in the future. One of the most important objectives of a Government is to ensure that their people are well fed and it is therefore imperative that issues around food security are given much greater pre-eminence than envisaged by the Bill, which provides only for five-yearly reports.

Currently, the UK is only around 60% self-sufficient in food and we are reliant upon imports for our remaining food need. If anything, it has become apparent that more and more nations around the world are becoming increasingly nationalistic in terms of their trading policy. There is a risk that a tightening of supplies globally could cause issues for food supply. However, food supply is not just about quantity but quality. The issues of food security go the heart of ensuring that we are not offshoring our environmental and animal welfare problems by the food that we are importing into the UK. We want, surely, to promote, protect and enhance these high standards both at home and internationally and, therefore, our trading policies must reflect that. An annual report from government is a good basis on which to start and a good discipline to ensure that matters are kept in sharp focus.

Turning to Amendment 171, I thank the noble Baronesses, Lady Jones of Moulsecoomb, Lady Bakewell of Hardington Mandeville and Lady Jones of Whitchurch, for their support. Again, while I welcome the Government’s commitment to produce a regular report on food security, it is vital that this is a means through which the Government express their policy targets and mechanisms to address issues around food security.

Currently, the provisions in the Bill envisage a fairly static output that merely reports on the current food security situation. I would prefer to see a more dynamic report that seeks to set out an agenda for change, where change is required. There seems little point in the Government merely producing a report of which Parliament is required to take note rather than for it to be a platform for evaluation, repurposing and informing future actions. At the very least, it will be essential to ensure that food security targets are both met and monitored. Where the report indicates that there are issues with aspects of our food and environmental security, the Government must come forward with their plans and policy for addressing these shortcomings.

Amendment 171 will provide the necessary architecture for the Government to take this forward. It will be a failure if, having taken the time to consider the importance of having a food security report, the Government did not also ensure that this report was used to inform changes in policy and procedures. A statutory requirement for the Government to address these issues is surely the sensible thing to include in this Bill.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I have two amendments in this group, 163 and 172, and I am grateful to the noble Lord, Lord Greaves, for having put his name to them. Since this is the first time I have spoken in Committee on this Bill, I probably need to draw your Lordships’ attention to my entry on the register of interests. More significantly for my noble friend, he will be glad to hear that, though this is the first time I have spoken, it will also be the last time I am going to speak. Bearing in mind the stately progress that is being made, I shall not be holding up proceedings any further.

The amendments in this group discussed so far are about the frequency of reports. I have no particular dog in that fight, but I offer one word of caution, which is that if these reports are going to mean something, they need to be relatively infrequent. If they are too frequent, they lose their impact. I suggest to those who are seeking too frequent reports that these may pass by too easily and quickly. A report wants to be an event when it happens.

My amendments go to another part of this clause and try to give it some teeth. Clause 17, as drafted, could result in some pretty anodyne, platitudinous reports—general statements of principle without any detail. When we talk about food security, detail will be very important. My noble friend on the Front Bench will say, “Absolutely, I understand that, and I will ensure there is going to be detail, and the reports will have plenty of focus.” But we have been here before, and we have been here recently. A Green Future contained similarly impressive objectives and an impressive monitoring procedure. This was to be under the Natural Capital Committee chaired by Professor Dieter Helm, who was the subject of some adverse comments by the noble Earl, Lord Devon, about five minutes ago. Professor Helm was to monitor performance under the green future proposals. The last annual report from Professor Helm’s committee, which was in September last year, read as follows:

“Unfortunately, the Progress Report does not in fact tell us very much about whether and to what extent there has been progress. On the contrary, the Progress Report provides a long list of actions, and presents very little evidence of improvements in the state of our natural capital.”


If we do not strengthen the wording in this clause, we will get a long list of actions and very little evidence of improvement. We need to build in some specific teeth.

The second weakness of the clause, as presently drafted, is that it could be a snapshot, whereas what we should be looking for is a continuous look—a cine film in the old-fashioned way—at the process of our food security. Perhaps I could explain further by analogy. When you go to your annual medical, the doctor looks at your heart and lungs, he sees whether your weight has gone up or down, and he tells you what the results are. That is, of course, very important. If you have a poorly performing heart, you want it treated quickly. But what is really important is how you compare with the previous year. Are you getting heavier? Are you getting lighter? Are you losing weight? Has a new mole emerged? Has your blood pressure gone up? All those sorts of things give you an idea, over a period of time, of how your health and physiology are changing. From that, the doctor can prescribe more exercise, less food, pills or whatever.