(1 week, 6 days ago)
Grand CommitteeMy Lords, I thank the Minister for her introduction to these regulations. I will speak very briefly to one or two concerns. The wording in the proposed regulations appears somewhat unclear, with insufficient information to gauge the instrument’s policy objective and intended implementation. Importantly, no meaning is given for the term “reasonably proportionate”. Replacing the widely understood and legally tested concept of overall coherence with that vague concept could lead to a failure to maintain or improve the status of the marine protected area network. How will this definition maintain existing levels of environmental protection?
The compensation to be delivered through wider compensatory measures reads as extremely broad in the explanatory material, the only condition being that it must benefit the wider MPA network. This could undermine environmental protections. Again, more clarity is required to ensure that environmental protections under the habitat regulations are not severely reduced, as our habitats are so valuable. I look forward to the Minister’s response.
My Lords, I also thank the Minister for introducing the draft conservation of habitats and species regulations today and I share many of the concerns laid out by the noble Baroness, Lady Grender. Before I begin, I draw the Grand Committee’s attention to my register of interests as an owner and developer of onshore wind energy infrastructure.
We on these Benches recognise the challenging situation that offshore wind developers face and the need to simplify the process to make schemes deliverable. Equally, we recognise the environmental issues. This month’s updated assessment and good environmental status of the UK marine strategy shows that cetaceans, birds, fish, benthic habitats, food webs, contaminants and marine litter have not met good environmental status. Another six categories have been partially met or are uncertain; only two categories have seen GES met. The update highlights the mixed picture for marine ecosystems, with high pressure on our seas, which are getting warmer, more acidic and oxygen depleted. This is not an encouraging picture and highlights why legislation, such as that we are considering today, needs to be given detailed scrutiny.
These regulations seek to shift how compensation for the environmental impact of these developments is determined and delivered. The compensation, rather than necessarily focusing on the features directly affected, could target similar features, potentially elsewhere in the UK’s MPA network. My first concern with the SI, which, as others have mentioned, has already been highlighted by the Secondary Legislation Scrutiny Committee, is that it leaves much of the crucial detail to future guidance. The Government have conceded that they are taking a novel approach, but this is no justification for asking the House to approve a framework without being clear how it will operate in practice. The Government conducted a six-week public consultation ahead of these reforms, and it simply is not clear why the draft guidance could not have been published to coincide with this legislative process. Instead, the guidance will be published only once the SI has come into force on 21 May. This is not good practice.
My second concern is that this approach allows for a similar approach to that taken under the Planning and Infrastructure Act, which the House spent so much time on earlier this year, which allows environmental damage through development with the conscience salved by payment to a general fund, although, at least in this case, I am grateful that the compensation hierarchy is protected from the outset. Like the noble Baroness, Lady Grender, I am also grateful to the Wildlife Trusts for their briefing on this. It is the third tier of compensation where the main issue lies, potentially allowing for irreparable damage to key threatened species and habitats without any requirement for that species or habitat to obtain compensating benefit. Can the Minister reassure us that tier 3 would not be permitted in these circumstances and that it would not be allowed to become the default setting as a simple way of bypassing the compensation hierarchy? It would also be helpful to receive reassurance that the compensation funds raised through this legislation would be applied only to damage being caused by the offshore wind industry rather than becoming a general pot that could be used in other industries.
It has been left to the future guidance to set out the hierarchy of compensation measures, determining which are the most beneficial to the MPA network. How will the condition of this network be better monitored in order to understand which measures are the most beneficial? As has been pointed out by Wildlife and Countryside Link, many assessments are over six years old, and many features are not assessed at all. Further, any agreements reached with developers must be deliverable and viable so as not to deter investment.
Building on the recommendation of RenewableUK, how will the forthcoming guidance balance the timing requirements involved in implementing compensation measures with the project’s construction schedules, for example? Can the Minister confirm that the guidance will be kept under review to respond to concerns as they arise, while giving certainty in what is already a complex policy environment? Is it likely that the guidance will address the concerns I have raised? Which agency will be responsible for implementing this legislation and who will cover its costs?
It is hoped that the establishment of marine recovery funds will enable developers to compensate for environmental impacts for multiple projects, yet MRFs are not mentioned in the Explanatory Memorandum. It is also important to note that MRFs are voluntary schemes. Can the Minister explain what the Government anticipate the take-up of MRFs will be and how significant a role they will play in environmental compensation?
Our concerns about this SI are focused on how the changes will operate in practice. The devil is always in the detail. To be clear, we on these Benches support the development of affordable, home-grown energy sources; that is why we oppose the Government’s ongoing ban on new oil and gas licences in the North Sea. Indeed, amid a web of subsidies, environmental schemes and regulations such as these, it is crucial that we do not lose sight of the big picture. We need to prioritise our energy security in cost-effective ways in order to lower the overall cost to the taxpayer, while being responsible and honest custodians of our ecosystems in order to benefit future generations. As the Minister laid out earlier, I know that she shares these aims.
I look forward to hearing the Minister’s response. I am conscious that I have asked quite a few questions so, if she feels the need to write, that is of course welcome.
(5 months, 2 weeks ago)
Grand CommitteeI thank the Minister for introducing this instrument proposing the ban on the supply and sale of wet wipes. There is no doubt that there is a significant and ongoing problem with wet wipes, and I agree that urgent action is needed to ban the sale and supply of wet wipes containing plastic fibres. These regulations on banning wet wipes which contain plastic allow sensible exemptions, including for medical and industrial uses, to ensure that wet wipes containing plastic can still be supplied when necessary and where there are no viable alternatives.
Nevertheless, banning plastic wet wipes will go some way to helping reduce marine litter, decrease pollution and support progress towards a zero-waste economy. Manufacturers must be called to account and stop labelling wet wipes as flushable or disposable. They must be improved with clear and precise labelling, because misleading labelling makes misleading claims and causes confusion with the general public—ultimately, we see blockages in sewers, flooding and environmental damage triggering storm overflows, as well as harm to marine and animal health. It is imperative that action is taken to reduce the amount of microplastics entering our waterways and destabilising our marine ecosystems. Labelling is non-negotiable. It has to change, with clear labelling saying: “Do not flush”.
Further, I would like to see His Majesty’s Government bring forward legislation to ban plastic wet wipes earlier, in 2026. The Government say they are committed to tackling plastic pollution internationally, but they still allow manufacturers to export wet wipes containing plastic and imports of the same. It seems at odds with Defra’s claim that the Government are taking steps internationally to tackle plastic pollution. When do His Majesty’s Government expect a full transition where medical needs are no longer affected and wet wipes across the board no longer contain plastic but are urgently phased out? I look forward to the Minister’s response.
I am delighted to see these regulations, but I agree with my noble friend Lady Redfern that it is sad to see that they will not come into effect until May 2027 at the earliest. It has been a while since the original consultation happened. To give a bit of history, when I introduced the consultation, we were chided for not getting on with it and asked why we needed another consultation. The reality is that the law required one. Admittedly, the response to the consultation given on 22 April 2024 said that there would be an 18-month transition period from when the legislation happened, but it was expected at the time that the legislation would come in before the end of 2024. Given that manufacturers have known since before 2023 that both the previous Government and the current Government when they were in opposition were minded to ban these wet wipes as quickly as possible, why are we not seeing this come into effect until 2027?
My noble friend Lady Redfern referred to medical exemptions. I am conscious that there will be detailed explanations of why particular kinds of machinery need them, business-to-business exemptions and some other characteristics, but the NHS continually relies on plastic and there seems to be very little incentive for the NHS to get off it. We need to consider disincentives for the NHS to continue its use of this multitude of products—wet wipes being one—where it seems to get an exemption time after time. Instead, we should consider a further levy on these products to incentivise take-up of and research into other products to do the jobs they are designed to do.
For what it is worth, I disagree with the RPC being dismissive about why Parliament is not being asked to exempt small businesses. It is absolutely right that we are not; there is absolutely no reason for these products to be in circulation, apart from what the Minister has already explained about some technical exemptions being required at the moment. I would be grateful if she would help me understand why—I am not criticising; I know there is a busy legislative timetable—recognising that notice had been well and truly given to manufacturers, we are not banning them until May 2027, in effect. Otherwise, I am supportive.
(1 year, 5 months ago)
Lords ChamberWe are looking at bottom trawling at a site-specific level because there are different challenges in different areas. As I said, marine conservation is complex and has to take many things into account. There is quite a lot going on in this area and, if the noble Baroness wants to know the details, I am happy to send them to her or to meet to discuss this further.
My Lords, in the light of the implementation of the biodiversity net gain provision, and given the need to ensure that assessments are done by competent people and that landowners are paid a fair price for their credits, so that they can deliver on their commitments, how are His Majesty’s Government ensuring that the LPAs are equipped to handle the additional burden on their planning officers, and will additional planning officers need to be recruited?
Yes, the Government have committed over £35 million in ring-fenced funding to local planning authorities to help them prepare for and implement biodiversity net gain. We have confirmed funding up to the end of next year and further funding will be in the next review.
(1 year, 11 months ago)
Lords Chamber
Lord Douglas-Miller (Con)
I believe there might be choices other than the two that the noble Baroness highlights. One is that not all those substances are necessarily being, or will be, used in the UK; therefore, banning them seems in no way appropriate. However, I take the noble Baroness’s point and will look into it further.
My Lords, since leaving the EU, we have the freedom to phase out the most harmful and persistent pollutants. Are we on target to eliminate the use of polychlorinated biphenyls next year?
Lord Douglas-Miller (Con)
I thank my noble friend for that question. It might be best if I write to her with the details.
(2 years ago)
Lords Chamber
Lord Douglas-Miller (Con)
The Government made it clear in their manifesto commitment that in all our trade negotiations we will not compromise on our high environmental protection, animal welfare and food standards. The UK is rightly proud of the animal welfare standards that underpin our high-quality produce. Imports into the UK must comply with our existing import requirements, such as meeting the United Kingdom’s slaughter standards.
My Lords, what assessment has my noble friend the Minister made of the UK’s role in the global fur trade and of the volume of the import and export trade in animal fur and fur products over the past five years?
Lord Douglas-Miller (Con)
I thank my noble friend for her question. Between 2017 and 2019, the UK imported around £61 million-worth of fur or fur-based products and we exported around £35 million of fur and fur-based goods. The majority of these were for apparel and clothing. In the period since then—the latest report was in 2023—the volume and the numbers have exactly halved.
(4 years, 10 months ago)
Lords ChamberMy Lords, I am pleased and proud to take part in this debate. I warmly welcome the Animal Welfare (Sentience) Bill and the Government introducing new laws to recognise that animals are sentient beings. It will protect all animals, including farm animals, tackle puppy smuggling, make keeping primates as pets illegal and ban the import of hunting trophies.
The Government promise to review the use of cages for egg-laying hens and narrow metal crates for farrowing pigs, but surely there is a demonstrable case for banning cages for laying hens given that they are crammed in, barely able to move, and banning the very narrow metal crates for farrowing pigs. However, I note with regret that some other European countries still carry out the standard practice of docking pigs’ tails.
I cannot emphasise enough the importance of establishing clear labelling of meat for all our customers, particularly imported meat. But the big question many are asking is: are we to ban the sale of foie gras and end the cruel practice of force-feeding ducks and geese with large amounts of food? I hope all these points can be addressed when my noble friend the Minister responds.
We are all animal lovers, and this Bill will establish welcome new measures and help to build even higher standards of welfare and good farming practices. It is a new beginning. As we know only too well, animals not only show immense loyalty and devotion but know pleasure and pain.
In the past few months, as I walked my dogs and experienced nature, seeing hares racing across the fields, I have come to know how much we value our wildlife. So I am very pleased that new laws are to be established to crack down on illegal hare coursing, but I would like us not just to restrict the use of glue traps but to ban them outright.
I welcome the fact that the practice of clipping dogs’ ears and cropping or docking their tails is illegal here, but the Bill will put a stop to anyone bringing such pets into the UK and to unscrupulous criminal gangs abusing pet travel rules for their gain. It will also raise the age at which puppies can come to the UK from 15 weeks to six months and prevent them being taken away from their mothers at a very young age. There are also restrictions on the importing of pregnant dogs, which I have spoken about before.
The Bill will improve the lives of farm livestock, halt the export of live animals for fattening and slaughter, and improve transportation measures so that live animals do not have to endure excessively long journeys, which I particularly welcome as EU rules prevented any changes. I would also be interested to know how long journeys will be monitored, and how surveillance and record-keeping will be monitored at all abattoirs.
We cannot continue to ignore the way we treat our animals. This sentience Bill will, of course, not solve any animal welfare problems by itself, but it is a start, and we will be the first country in the world to pass animal welfare laws.
Finally, I am pleased that the Government support increasing the maximum custodial sentences for animal cruelty offences from six months to five years, so that courts will have clear guidelines when determining sentences, making the UK’s sanctions the toughest in Europe, and recognising animals as sentient beings. I look forward to further reforms to the Bill later in the year.
(5 years ago)
Grand CommitteeMy Lords, I speak in support of the draft plant health regulations, which, as my noble friend alluded to, come into force on 1 June 2021 in England, together with similar provisions to be introduced in Scotland and Wales. However, it is important to note that charges are to be phased in for businesses with plant health checks from 1 January 2021. Higher-risk goods will be subject to documentary, identity and physical checks from January 2021, but for other regulated plants and plant products they will be phased through 2021-22, supporting the importance of uninterrupted business trade flow.
As well as applying legislation equally across businesses, whether large or small, the risk is relevant to whatever size of business to clearly demonstrate the importance of biosecurity, which must not be put in jeopardy at any cost. We must note accordingly that assurances are being kept, with the same arrangements post Brexit, again stressing the absolute necessity of seeking at all times to maintain the same high levels of plant health biosecurity, which is vital to ensuring that public health and the environment are fully protected 24/7.
Where consignments are authorised for identity and physical checks there are assurances for all inspectors, who are allocated strong systems for safe working, handling and inspection, with adequate light sources, the ability to fumigate gas testing and, of course, access to toilets and handwashing facilities. This all aligns with safe working practices.
This instrument provides for reasonable action coupled with cost recovery, so it is fair in outcome and maintained in line with existing fees, characterised into the following three principles: maintaining current high levels of plant health, preserving the flow of trade, and minimising any future impacts on businesses, whether large or small. I support the regulations.
(5 years, 5 months ago)
Lords ChamberI assure the noble Baroness that that is hugely important. We agree that attracting bright new talent into agricultural and horticultural careers and having a skilled workforce in place are vital for the future of UK food and farming. My understanding on Newton Rigg agricultural college is that the Department for Education is looking at the matter very closely.
My Lords, rural economies have untapped potential as well as challenges. From living in a rural environment, I understand how important our rural economy and personal well-being is. However, there are concerns in particular about action on surface water flood risk to homes and businesses. How are the Government enforcing their drive to bring together all partners to improve the management assessment of surface water flood risk to make our rural places, infrastructure and growth more resilient to our future climate?
My Lords, the Government will double the amount we invest in the flood and coastal defence programme in England to £5.2 billion over six years from 2021. This will help to protect a further 336,000 properties, including 290,000 homes.
(5 years, 10 months ago)
Lords ChamberMy Lords, I thank the Minister for his introduction. I welcome this Agriculture Bill, executing as it does the most major reform of the industry for over 50 years. No doubt it may prove challenging during transition, but the Bill will help build a brighter, better, greener future for British farming, clearing away the rigidities, complexities and perversities of the CAP. Moving away from a focus on the amount of land ownership to outcomes, it will be a catalyst and a driver to prevent any further decline in our self-sufficiency. The Bill will make improvements and create more robust and resilient domestic agricultural and horticultural sectors, giving scientists, farmers, plant breeders and animal breeders the same access to new gene editing technologies as the rest of the world.
I welcome within the new framework the important inclusion of environmental protection and the health and welfare of livestock and plants. After years of being subjected to the rules of the CAP, our environment has suffered. Policy which has been implemented in England, for instance, has discouraged tree planting by farmers, and of course agroforestry is not a short-term investment, as forests and woodlands are vital to supporting valuable habitats which have been eroded in the course of different farming directives and quotas. Consequently, farmland bird populations have suffered.
The health of our soil, on which future food production depends—quality and quantity—has been eroded. This should have significant importance in the Bill. There is much greater emphasis on removing certain practices and improving sustainable farming practices, including removing the dependency on pesticides, to ensure the protection of not only soil but water and air, as climate change is reflected in our ecosystems coming under increased pressure.
I welcome the commitment to increase food security, and to improve transparency and fairness in the agri-food supply chain, together with increased protection for agriculture producers selling to business purchasers and the protection of market standards. Of importance in the Bill is the requirement for regular reporting to Parliament on food security, including on where food comes from, its availability and the resilience of the food chain.
With overall annual funding remaining at current levels for this Parliament, and with a transitional period to phase out direct payments in England, we will maximise the potential of land for food production and the delivery of public goods. To deliver all this, greater support has to be given to those trying to access jobs and to helping new, talented entrants get into the sector, ensuring that they will be the future custodians.
With agriculture occupying over 70% of the land mass, investment and growth is necessary in our rural economy, not only for food production but for diversified industries such as renewable energy, tourism and the manufacturing sector, which generates £121 billion for the UK economy. Investment in new technology and equipment will also be necessary, to reduce costs, drive up food production and increase profitability.
I cannot stress enough the importance of having in the Bill a provision that all food imported into the UK must have been produced to standards equivalent to ours. Endorsing high standards of animal welfare must be embedded in the Bill. The same is true of the environmental protections associated with good food production that are required of our producers, and there must be an ability to ban imports that do not meet these ethical high standards. I will be so pleased when shipments of live animals are banned. This is not protectionism; it is about welcoming future trade deals, so long as they are on fair and level terms.
Finally, there is a need to keep customers well informed, with attractive information and labelling, so that they can easily make informed choices. In supporting our industry, from farm to plate, we all can gain.
(5 years, 10 months ago)
Lords ChamberI congratulate the Minister and thank him for confirming that the Government will relax crop-diversification requirements for direct payments under the support scheme within the framework of the CAP. It is vital that we support our farmers and growers, especially when having to contend with the adverse weather conditions of last autumn and winter, and this spring. For some farmers, trying to access their land in time to redrill was not an option, and even if it was, they now face an unusually prolonged period of drought. This instrument exempts farmers in England from the need to follow crop-diversification requirements this year. The derogation will make a huge difference to the thousands of farmers in England.
Agricultural activities are highly exposed to the consequences of climate change, which has a significant impact on the quality and quantity of food produced. I spoke to some farmers only last Friday, and they explained the concern felt by many in their communities about the adverse weather conditions being experienced. Not only had they lost crops, but many acres of cereals are likely to be of low yield. Consequently, many farmers are bracing themselves for the coming harvest.
Crops is one issue but good soil matters too: maintaining good soil is vital in order to provide us with clean water, while helping to balance ecosystems. Supporting our farmers and growers must be the cornerstone of preserving and restoring our soil, which is the basis for the good food we grow, as well as for the production of feed, silage, et cetera. Supporting good creative management is essential, because we need more land for food production now, as we exit the EU and look to be more self-sufficient in the future.