Pollution in Rivers and Regulation of Private Water Companies

Baroness Miller of Chilthorne Domer Excerpts

Thursday 29th February 2024 Lords Chamber

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, it is a pleasure to follow my noble friend Lord Addington, whose practical examples are extremely useful in this debate. I congratulate my noble friend Lady Bakewell of Hardington Mandeville on explaining so vividly why untreated sewage going into our rivers is an issue.

I will turn to something slightly different—treated sewage, or sewage sludge—and explain why it is still a problem for our rivers and land. Sewage sludge is recycled to land, where it can act as a useful fertiliser containing nitrogen, phosphorus and organic matter. The regulation governing this dates from water privatisation in 1989 and, appropriately, its acronym is SUAR, pronounced “sewer”—Sludge (Use in Agriculture) Regulations. Those regulations are over 30 years old, and were devised simply to deal with the human faeces element of sewage. But, in the 30 years since, the water companies have been selling more and more of the services to industry, so the industrial effluent element of the sludge has increased, as have the variety and toxicity of the pathogens, chemicals and heavy metals in the resulting sludge.

That sludge is spread on to farmland and, in theory, it should stay there, drilled into the grasslands that feed our livestock. Whether you think that toxic cocktail is a good thing in the grasslands that feed our livestock is a different issue, one I will not talk about today. But what happens as the ground becomes waterlogged, like it has been for these last few months? Farmers are given guidance to avoid run-off. The guidance says they have a responsibility to make sure that liquid sludge does not run off into roads, adjacent land, rivers or waterways. If it rains heavily enough to cause run-off, the spreading must stop. The guidance says that spreading must not take place on

“frozen, waterlogged or very dry ground”.

But, with climate change, the ground is nearly always either waterlogged or very dry.

The Environment Agency was very concerned about this growing issue of toxic chemicals, so it commissioned some consultants in the spring of 2015 to undertake a study of all this. They worked with about 50 farms and undertook a much wider paper trail review. The Environment Agency’s conclusion was that the trade in sewage sludge and other waste had changed radically, making it much harder for the Environment Agency, the regulators or farmers to know what was being spread on fields—microplastics, pesticides, residues and all sorts of other things.

The Environment Agency came up with a plan. It developed a strategy for safe and sustainable sludge use, which was published in 2020. It explained why the regulatory changes are needed—of course, there have been many changes in the supply chain industry feeding into the sewage sludge—and it identified the new hazards that were emerging. It said:

“Modern sludge practices may harm the environment”.


It proposed a number of things, particularly more soil testing and improved record keeping, and more upstream sludge treatments—such as the sewage treatment works and those through trade effluent controls, which are key—as well as better storage and pre-spreading control. It had a plan, because some of the elements in this sludge are very toxic—zinc, cadmium, mercury, chromium, selenium, arsenic, antibiotics, dioxins, furans, phthalates and microplastics. Is there a legal limit for the amount of sludge that can be spread on to farmland? Who sets the limit, and has it been changed recently?

As I understand it, there are no restrictions on using treated sludge on growing crops of cereals or oil seed rape, and treated sludge can be used on grassland so long as there is no harvesting or grazing within three weeks of use. Given the list of toxins that I have just outlined, it seems that three weeks is pretty minimal.

So there is a big issue here, and it is particularly an issue because all of those toxins can still wash out—and do wash out—into streams or get absorbed into the soil and so into the ground water. The water company or supplier of the sludge is responsible for the testing of potentially toxic elements in the soil. Can the Minister say how often that happens? Does his department actually see the results of this?

The noble Duke, the Duke of Wellington, who is not in his place, said that this should not be party political. However, the party-political element of the issue that I have just raised is the fact that the regulator—the Environment Agency—did actually suggest the solution that we revoke the regulations from 1989 and bring them up to date with environmental permitting regulations. There was a deadline set of 2023. Well, that simply did not happen. Why not? The Government could have put all this into the Environment Act; or, as the Environment Agency suggested, it might need a small, additional legislative change. None of that has happened, however, and that was a purely political choice. So that toxic cocktail will continue to be spread on our agricultural land, and a large element of it will continue to end up in our waterways.

England Coast Path

Baroness Miller of Chilthorne Domer Excerpts

Thursday 16th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

I am most grateful for my noble friend’s confirmation from Natural England. I want to confirm the enthusiasm within Natural England to secure this path and all that it represents: 2,711 miles.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, the Minister correctly mentioned the effect of the path on economic development. What effect have the Government found it has on remote rural areas, not just on farmers but all the local economy?

[Lord Gardiner of Kimble]

My Lords, the figures I have for 2017-18 state that £350 million is spent in local coastal economies; that is with what we have already. It is estimated that it directly supports 5,900 full-time equivalent jobs in local coastal economies.

National Biodiversity Network Report

Baroness Miller of Chilthorne Domer Excerpts

Monday 4th November 2019 Lords Chamber

Asked by

[Baroness Miller of Chilthorne Domer]

To ask Her Majesty’s Government what assessment they have made of the National Biodiversity Network report State of Nature 2019.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, we are working at home and in the overseas territories to address biodiversity loss. Partnerships between government, farmers and conservationists have seen particular successes, often through habitat restoration, supported by agri-environment schemes. For example, we have supported local recoveries of the marsh fritillary and cirl bunting and the reintroduction of the short-haired bumblebee. Our 25-year plan marks a step change in ambition. The Environment Bill introduces measures to ensure that the Government are held to account against our ambitious goals.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I thank the Minister for his recognition that the rate of species decline is dire. If we leave the EU, I think it will be even more dire. How does the Minister explain what happened at Defra when the then Secretary of State, Michael Gove, said about the proposed ban on slug pellets:

“Once outside the EU, we will continue to make decisions on pesticides based on the best … science”.


The best science in this case was the Expert Committee on Pesticides, which recommended a ban because of the unacceptable risks to birds and mammals. Defra proposed a ban, the manufacturers objected and went to court, and Defra just gave up. The ban has been overturned, even though there are perfectly practical alternatives available, and now thrushes, hedgehogs and so on are dying in their hundreds again. It is also affecting drinking water. Is this the sort of approach that Defra intends to take?

[Lord Gardiner of Kimble]

No, it most certainly is not, which is why we are bringing forward the environmental land management scheme as part of the post-CAP arrangements. It is why we have published the Green Finance Strategy and why more than 370,000 acres in England have been set aside for new wildlife-rich habitats. I could go on, particularly on the international stage. All of this is because we need to enhance the environment. We will always turn to the best scientific advice on pesticides and chemicals. Clearly, that is why we decided that neonicotinoids are not acceptable. We will take action if the science directs it.

Brexit: Environmental Regulation

Baroness Miller of Chilthorne Domer Excerpts

Monday 4th November 2019 Lords Chamber

[Lord Gardiner of Kimble]

Well, this member of the Government is delighted to say that the United Kingdom is a world leader on animal welfare and environmental standards. We will not water down our standards as part of trade negotiations; I have said that before. We are committed to making sure that any future trade agreements work for consumers, farmers and businesses across the United Kingdom.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, what would happen to complaints already with the Commission? Are any arrangements in place for them to be received and acted on during the interregnum?

[Lord Gardiner of Kimble]

Yes, during the period up to 31 December, under the relevant clause—I cannot remember which—of the withdrawal Bill, there would be EU oversight of all the arrangements. The point, as I mentioned, is that the OEP is due to come in on 1 January 2021. It would then take over the oversight.

River Ecosystems

Baroness Miller of Chilthorne Domer Excerpts

Wednesday 27th February 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the figures have shown how not only Natural England but the Environment Agency and the water companies have actually produced very strong improvements in difficult times, when everyone has had to retrench. River basin management plans involving Natural England, Defra and water companies are all about improving water quality across river basins from 2015 to 2021. All of this, and a lot more, is why water quality and supply will be increasingly important.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, among the most important components of sewage that have become more detrimental to wildlife are the pharmaceuticals going down the lavatory as part of human sewage. They are causing infertility in everything from killer whales to dog whelks, because hormones are extremely damaging to wildlife in the long term. Can sewage treatment plants do anything to improve this situation?

[Lord Gardiner of Kimble]

My Lords, this goes back to the products produced and the importance, with research and technology, of alternatives. It is why our ban on microbeads is tremendously important. We need to do more, both in our own products but more generally with what we put on the land. That is where alternatives and precision farming will be very important.

Ivory Bill

Baroness Miller of Chilthorne Domer Excerpts

2nd reading (Hansard): House of Lords
Tuesday 17th July 2018 Lords Chamber

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, it is a pleasure to be taking part in the Second Reading of this most important Bill. The Government are to be congratulated on bringing the Bill forward, as is the Minister on his excellent and comprehensive introduction. Given how much consensus has been achieved even on the trickier issues of antiques, I will not dwell on the detail of the Bill. However, I will mention some important points around it.

With regard to the illegal wildlife trade, bans work. Before 2005, the rainforests of Africa and South America were being stripped of their bird populations. Some species were driven to the edge of extinction, macaws in particular. Initially the UK was a bit reluctant to join in but in the end it lent its vote to the EU, and the EU trade ban came in in 2005. Now, if you want a parrot, it has to be bred in captivity.

A study in 2017 by scientists from the University of Copenhagen and the University of Porto, published in Science Advances, looked specifically at how the EU’s ban had affected the number of birds traded annually. They found that it had dropped from 1.3 million to 130,000—a drop of about 90%. Obviously 100% would be perfect but given that the trade is illegal there will always be some who flout the law, but I suggest that that is an incredibly impressive figure. Legislation in this area definitely has been shown to work.

After legislation, two sectors play a particularly important part in achieving the objective—those who work in the media and those who are in the front line. I congratulate the Guardian newspaper on its ongoing campaign in support of environmental defenders. Last year, 197 people were killed for defending land, wildlife or natural resources. In recording every defender’s death, the Guardian hopes to raise awareness of the deadly struggle on the environmental front line. This House should commend the Guardian for highlighting these astonishingly brave people who, knowing the risks, lay down their lives for wildlife. It is often about habitat destruction, which I believe is as dangerous for wildlife as the trade in the products. Certainly that would be true for elephants. If they have no habitat, it is hard for them to exist.

The Minister mentioned avarice in his opening remarks, and much of this trade is based on avarice. Some people, however, think that it is based on necessity, such as when river sand is taken at completely unsustainable rates for use in development. Others mine minerals of all sorts around the world, including copper in South America—which I have seen at first hand—as well as nickel. I went to Lake Izabal in Guatemala, where some of the last manatees on earth live. Very sadly, the Solway Investment Group, which takes something like 2.2 billion tonnes of nickel a year and claims to do environmental assessments, has put that lake under extreme threat and, no doubt, the manatees with it. We have a responsibility for the mines because they are often owned by multinationals based in the UK, Canada or the US. Agribusiness is another destroyer of habitats. It is the biggest driver of violence against the defenders I mentioned, in the drive for soy, palm oil, sugar cane and beef. There is an awful lot to be done about habitat destruction, but I realise that that is not the subject of this Bill.

The BBC has done a lot to raise public awareness. Its programme “Natural World” recently featured a beast that I really had not appreciated, the pangolin. “Natural World” did for pangolins what “The Blue Planet” did for oceans. The pangolin, a little-known, scaly mammal found in Africa and Asia, is apparently now the most poached and illegally trafficked animal in the world. The conservationist Maria Diekmann rescues and rehabilitates pangolins. It really was an extraordinary programme and anyone who did not see it should watch it on catch-up. It showed what one person working on the front line could do to build a campaign to raise awareness of the plight of an animal that most people have never heard of. What she did that was particularly powerful was to go to where the pangolins’ scales are sold for medicine—China—and join forces with a Chinese social media megastar to campaign to the Chinese people about not buying this product.

I again congratulate the Government on hosting the Illegal Wildlife Trade Conference in the UK in October and commend them for their lead on this. At that conference, will the Government recognise the role of environmental defenders with a memorial wall? In particular, and especially poignant this afternoon, will they recognise the role of Esmond Bradley Martin, whose ground-breaking investigations helped the fight against elephant poaching? He died after being stabbed at his home in Nairobi. Bradley Martin was a geographer by training but he brought the illegal trade to the attention of the world. He had been working on this for a lifetime, since the 1970s, looking in detail at the movement of elephant ivory and rhino horn, among other substances. John Scanlon, head of CITES, said:

“He was tireless in his efforts to protect elephants and rhinos … His research and findings across multiple continents had a real impact … He was a longstanding and highly regarded member of the Cites technical teams looking into the poaching of elephants and smuggling of their ivory. He will be sadly missed by all at Cites but his legacy will live on”.


This Bill is part of that legacy.

Bee Population

Baroness Miller of Chilthorne Domer Excerpts

Tuesday 19th June 2018 Lords Chamber

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, first I warmly congratulate the noble Baroness, Lady Bloomfield, on her very informative and excellent introduction. It is wonderful that she has such an appropriate name for this debate. She outlined really well that it is a toxic mix of habitat loss, parasites and pesticides that is affecting our bee population. The only thing to be said for the drastic reduction in some of the numbers is that it has motivated government and the public—and, indeed, industry, the farmers—into doing far more to counteract whatever it is that is affecting bees so adversely. Because it is a toxic mix, it has been very complex to establish which part of that mix, whether it is the pesticides, the habitat loss or the parasites, is responsible for the decline in which species.

The thing that continues to slightly confuse our debate is the terminology. We use the term “bees” when we mean honey bees, but we also use the term generically, as the noble Baroness said. There are 250 species of bee in the UK: 25 are bumblebees, one is the honey bee, and there are 224 species of solitary bees. Of course, the solitary bees are equally important in pollination and they have suffered something like a 50-year decline in diversity. Undoubtedly, a lot of that is due to habitat loss. Particular bees focus on particular plants, and I say to the Minister that it is important to bear this in mind when developing wildlife corridors. Wild flowers, as he knows, are not just generic. We sometimes find in seed packets in garden centres that just say “Wild Flowers”, but specific plants grow in specific geologies and at particular altitudes.

I think it is widely accepted that bees are declining—but, in fact, according to the last House of Commons research, 7.7% of species were said to be declining, 12.6% were stable and 0.7% were increasing, yet we know nothing about 79% of these bee species because the research has not been done yet. I particularly welcome the fact there is going to be research across the EU, known as PoshBee—it was mentioned on “Farming Today” this morning—looking at exactly what is affecting all these various pollinators. I congratulate the Government on endorsing the proposal to ban the outdoor use of the three sorts of neonics. Research is undoubtedly very important. We have organisations in this country, such as the Centre for Ecology and Hydrology and the Natural Environment Research Council, all applying their minds to it.

I hope and expect that when the noble Viscount, Lord Ridley, comes to speak, he will be a bit less excoriating than he has been in the past about green groups and a bit less defensive of neonicotinoids, because the fact is that research proves that there are a lot of unknowns in this area—so it is quite right that these questions are asked. I know it makes for lively reading on his blog to be dismissive of many pieces of research that have been done, but I think that probably, as somebody who has done so much work in the area of science, and exploring it, he can accept that there is a lot still to be explored in this area.

I welcome the fact that there is going to be a new Bill on a national network of pollinator corridors. We definitely need species-rich wildflower habitats. I am sure that many noble Lords speaking in this debate will have read The Moth Snowstorm by Michael McCarthy, in which he makes the very good point that we really need to engage our natural wish to nurture nature and our natural propensity to take joy in nature. That will be far more motivating to people than sustainable development policies. I am not dismissing the policies, because there is a need for government action and policies, but there is a huge need for public motivation.

For example, we could say that it is not just pesticides but herbicides that are a threat to pollinators. Weed killing can take out all sorts of the food elements that a bee will depend on. There is also the close mowing of lawns, because clover in a lawn is a rich source of nectar, as are dandelions and thistles. I am worried about the herbicides which wipe out every bit of food that a pollinator might hope to find. Lawns made of Astroturf are the final straw: they will not provide anything for any pollinator. So there is lots of action that the public can take. I have seen many designs of bee hotels, which are really interesting. I am looking forward to building one over the summer out of pellets, old flowerpots and so on.

When it comes to farmers, there is also much going on that we can welcome. The Crop Protection Association sent a helpful briefing on its BeeConnected scheme, which talks about how the responsible farmer or grower will be obliged to tell beekeepers when they are going to spray. That is a great step forward that will allow beekeepers to take the necessary precautions—what about the 249 other species that are not looked after by a beekeeper? They will be out and about, soaking up the pesticide. That is an issue on which I hope the Government and industry will work together and will think about.

In vineyards, which I know a bit about as I have one, pyrethrum use is allowed under the organic regime but it is actually more toxic than many of the modern mite-focused sprays. Again, organic regulations need to be looked at to make sure that they are as up to date and pollinator-friendly as possible.

Finally, I ask the Minister for some clarification about protection for local wildlife sites, which will be really important in this pollinator corridor work. Protection status was called into question under the new planning policy framework. When I asked a Question on this—HL7636—the Answer said that the Housing Minister had written to all Peers and MPs clarifying protections for local wildlife sites. Well, I have not had a letter. Perhaps other noble Lords have. Perhaps the Minister can say that he will make this letter publicly available and clarify that the Government do not intend to change planning protection for local wildlife sites.

Plastic Packaging

Baroness Miller of Chilthorne Domer Excerpts

Wednesday 2nd May 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I endorse what my noble friend has said, which is why the four-point plan that my right honourable friend the Secretary of State announced is precisely about reducing the amount of plastic in circulation, addressing different plastics in use, improving the rate of recycling and making it easier for people to recycle. That is why we need to work with local authorities. There are some very good examples, both rural and urban, of local authorities increasing their rates of recycling, and I applaud them.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, does the Minister accept that, besides local authorities, the Government need to make extra effort with producers to give them guidance about using only one sort of plastic, where that is practical, because it is the mixed plastics that are so difficult to recycle?

Agriculture: Gene Editing

Baroness Miller of Chilthorne Domer Excerpts

Tuesday 6th March 2018 Lords Chamber

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, at least gene editing does not bring with it the threat that GMO technology used to bring. Nevertheless, when the Minister uses the term “more efficiently” in relation to gene editing, I think that he means “more quickly”. However, speed can cover up some of the issues that can still arise with gene editing. Therefore, will the precautionary principle still apply?

[Lord Gardiner of Kimble]

My Lords, as I said, this is about different research into different areas, and we believe that this is a force for good for the reasons that I have articulated. It is about advancing our knowledge of pests and diseases and enhancing animal welfare. Whether it is the work at the Roslin Institute at the University of Edinburgh on diseases in pigs—for instance, African swine fever—or other research, all this work on gene editing could make a remarkable difference and represent an advance in animal welfare. Those are the reasons we think it is a force for good.

Environment: 25-year Plan

Baroness Miller of Chilthorne Domer Excerpts

Monday 29th January 2018 Lords Chamber

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I declare my interests as in the register. Today, I mostly want to talk about biodiversity and measuring improvement. Of course, the aims in the plan are laudable, but how will we know that the environment is in a better state? Sure, we can measure that water is cleaner or that the air has fewer pollutants in it, and we can see some things, such as those which the author Michael McCarthy describes in his book, The Moth Snowstorm. I am sure that many of your Lordships will remember when moths used to,

“pack a car’s headlight beams like snowflakes in a blizzard”,

or the insects that used to stick to the windscreen. There was just so much insect life. Now, those moths have, by and large, gone.

Perhaps that tells us as much as a scientific calculation, but the environment plan needs to measure whether the whole ecosystem is improving. Currently, the lack of definition of ecosystem health undermines the plan’s entire approach to biodiversity. Will the return of a few iconic species be measured as success, even though many other species become extinct? Take the plan’s proposed increase in wildflower meadows. It is of course a good aim in itself, because a wildflower meadow is a lovely thing to behold, but it should be about far more than its flowers. It should support colonies of insects. Butterflies, bees and, in turn, insect-eating birds, should do well and find enough food to feed their young. In damper areas, frogs would find shelter. The meadow is cut later for hay when the seeds have mostly set and, in the meantime, hares can make their forms in the long grass for themselves and their leverets.

The picture I am painting is of a whole ecosystem, but what if the new wildflower meadows have no hedges where birds can nest? What if the meadow is next door to arable fields where there is intensive use of slug pellets? Then the frogs, thrushes and so on are likely to die of metaldehyde poisoning.

As I search the plan for definition, I found that it is only marine areas that benefit from the government ambition to be ecologically coherent. Those words are very important. I hope that the Government will develop an ambition for the terrestrial places, too, to be ecologically coherent.

The environment plan has a nod to Lawton and the need to create landscape-scale areas and wildlife corridors. It talks of the nature recovery network, and I was very excited about that. Like the noble Lord, Lord Krebs, I turned anxiously to the actions listed on page 59 that would enable that to happen. As he found, they are “considering”, another “considering” and then “evaluating”. In my book, those are just thoughts about actions.

What about measuring the health of ecosystems or, as the report calls it, metrics, which is rather a dry word for its job of creating a picture of ecosystem health? In its current form, the plan will be like a 500-piece jigsaw with 250 pieces missing. The plan itself recognises this, because on page 130, it states that the Government need “better measures”. The metrics need to consider, for example, the potential value of the site, including the role that it can play in connecting habitats. Currently, the metric looks only at habitats in development sites and, strangely, does not account for the species present. The inclusion of the species metrics will be essential to the delivery of biodiversity net gain. For biodiversity net gain to be effective, it should be mandatory for all developments, which I believe is not the case currently. As other noble Lords have identified, there are no milestones for the delivery of long-term targets. This is very much a work in progress, and there is a long way to go.

I was surprised at the very strong emphasis on the reintroduction of native species. Is that really the most productive use of limited resources and effort? Why not try first to preserve what we currently have but which is really threatened, such as the curlew, the small tortoiseshell butterfly, the natterjack toad or even the hedgehog? The environment plan is very light on whether, in future, farming policy will be based on a conversation with nature or just diminishing somewhat the battle against it. I was heartened that the Minister talked about working with nature because too often there is a mistaken thought that it is a choice between agricultural productivity and an agro-ecological approach.

There is a very interesting quote from John Cherry, the farmer who started the organisation Groundswell. He said:

“It has been calculated the ‘good’ bugs outnumber the ‘bad’ bugs by a factor of 1,700:1. So the chances are collateral damage by insecticides will take out a lot of the guys looking after our wheat and controlling potential pests. Many farmers now find they are routinely applying slug pellets. Could it be they would be better off allowing ground beetles to control them? It may be coincidence, but on our farm we have found since we stopped using insecticides on wheat, our need to pellet for slugs has all but disappeared”.


That is the sort of approach that we need to see in this plan.

In my last few moments, I shall just mention a few of the things that I welcome, such as the tree health resilience plan and, maybe, the integrated pest management. I do not understand quite what the Government mean by,

“at the heart of a holistic approach”.

I hope that it means what I think it means. I welcome the national parks and AONB proposals. The Government obviously feel that they are on more solid ground there than with land with no particular designation. I particularly welcome connecting people with the environment. The Government should recognise all the work done by people like the RHS, delivering horticultural learning into schools.

I welcome the statement on illegal wildlife trade. Does that mean that the Government are committing to continue to fund and, one hopes, expand the wildlife crime unit, which is of global importance but is always having to fight for its financial future? Finally, I welcome the mention of international work on migratory species in our overseas territories. I hope that we continue to contribute to scientific work globally.