Environment Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage
Monday 21st June 2021 Lords Chamber

[Lord Cormack (Con)]

My Lords, I, too, support the amendments of my noble friend Lord Lindsay and the noble Lord, Lord Teverson. I will just add one or two brief points.

First, my noble friend Lord Lindsay talked about clarity and cohesion. I would add another “C”—consistency. If we are to have a landmark Bill—and this must be a landmark Bill—it is clearly important that we get it right as far as we possibly can. During this dreadful year of the pandemic, when the Government—and I am not scoring cheap points—have been fighting something literally unprecedented in the last century, a degree of confusion has been caused by a lack of clarity, consistency and cohesion. I do not want to stray from the Bill into recent events, but we have seen how people have been uncertain, often, about what the Government are really seeking to do.

It is crucial that when this landmark Bill reaches the statute books—as I, of course, hope it will—it is in a significantly better shape than it is at the moment, good as it is. Therefore, while I would like to see the Bill on the statute book by 1 November, what matters far, far more than any artificial timetable is that this Bill is right. Whether it goes on the statute books on 1 November, 1 December or 1 January matters far less than that it is right. You have only to mention the words “Irish protocol” to realise that if you negotiate to a strict and artificial timetable, you often get it wrong.

I referred to my noble friend: he chaired the Environment Sub-Committee of the EU Committee—on which I had the good fortune to sit—extremely well. The noble Lord, Lord Teverson, also made some very telling points. We have to realise that we are in this sixth crisis; we have to realise that many species are on the brink of extinction. This year, in our small but quite attractive urban garden in Lincoln, we have hardly seen a butterfly. Talking to friends around, I have heard of similar experiences. I read in the Times this morning, coming up on the train, about the lack of Arctic terns in Northumbria—an extraordinary bird that commutes 14,000 miles a year. There is a very real danger to its survival as a species. There are so many things that the Bill can help to underline and combat, and it is essential that it does.

With those few words, I endorse both my noble friend Lord Lindsay and the noble Lord, Lord Teverson, in what they are seeking to do. Although in Committee we are mainly probing, it is essential that the Bill finishes Report in this House in as near a perfect state as it is possible for us to make it.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Cormack. I am speaking in support of Amendment 2 in the names of the noble Lord, Lord Teverson, and the noble Baronesses, Lady Jones of Whitchurch, Lady Jones of Moulsecoomb and Lady Bennett of Manor Castle. Clearly, the amendments in this group seek to improve the Bill’s environmental objectives by statute, and that is laudable of them all. But Amendment 2 sets a tone for the Bill, as outlined by the noble Lord, Lord Teverson, who indicated the need for an assessment and provided a very good assessment of the current state of biodiversity in Cornwall, which could quite easily be mirrored in other parts of the UK.

The Bill needs to have the purpose and declaration of biodiversity and climate emergency specified in it on an equal basis. It is particularly pertinent to set this in legislation if the Government are serious about the need to protect and nurture our unique biodiversity and to mitigate the problems that the climate emergency is bringing to our planet, with increased levels of flooding, the warming of our planet, and the weekend warning that we now have Mediterranean UV levels in the UK. To take the example of Belfast, Department of the Environment statistics show that on 13 June last week, UV levels reached 9 on the solar UV index. This is due to a number of things, including stratospheric ozone depletion, the position of the sun in the sky at this time of year, and the lack of cloud cover. That is one reason why Amendment 2 is so important and why it must be included in statutory form in the Bill in order to give both areas of climate emergency and biodiversity equal status.

I honestly believe that the PM must take charge of the situation. This amendment provides for him—or for whoever is the postholder—to declare that there is a biodiversity and climate emergency both domestically and globally. It will strengthen the governance regime and give strength and toughness to the need for governmental action to protect our biodiversity and to protect our planet from the climate emergency. It is so important that we agree to do this with COP 15 and COP 26 taking place this year.

As the Aldersgate Group—which supplied us with a briefing—stated, the Environment Bill is a vital opportunity to establish a new, ambitious and robust governance framework that protects and enhances the natural environment. What better way to do that than to ensure that the Government accept an amendment to the Bill which provides for the Prime Minister, with statutory effect, to declare that there is a biodiversity and climate emergency both in the UK and globally and, above all, to enhance and strengthen the Bill to ensure that it becomes an even greater landmark Bill with the legislative teeth to act in such urgent circumstances.

[The Earl of Caithness (Con)]

My Lords, I rise to support my noble friend Lord Lindsay’s amendments. They help to clarify the purpose of the Bill—which I welcome, as I said at Second Reading. I like the drift of the Bill, but it needs to be strengthened in more than one area. At the moment, it is not going to tackle the problems that we all face.

I like subsection (2) of my noble friend Lord Lindsay’s Amendment 1, where he sets out that the aim is to achieve

“a healthy, resilient and biodiverse natural environment”.

We all want that, and we have failed in the past. There have been all sorts of attempts to get this right but, as I said at Second Reading and will stress throughout Committee, this needs management—it is the people on the land managing nature in its widest sense who will result in an increased and better performance than we have had to date. I want to focus on those people; they are basically landowners and farmers. At the moment, they have very low confidence in what the Government are doing. They are moving from one farming regime to another; they know nothing about the second farming regime through ELMS, and yet their money is being substantially cut. That might be all right for some owner-occupiers, but it is proving a very serious problem for tenant farmers.

Subsection (2)(b) of Amendment 1 goes on to say that the environment must support

“human health and wellbeing for everyone”.

Yes, and I am a great believer in a good footpath system, because I now rely on that for my exercise. But if you talk to any farmer now, they are not in a good position mentally because of the amount of rubbish and harassment they get from people who visit their land. This is a two-way street. It is all very well to encourage people to go to the countryside, but the sad thing is that there is a quite substantial minority abusing that countryside. Anybody who has read the papers or the news recently will know the problems that farmers have had to face, with blocked driveways, blocked entrances to gateways, rubbish, litter, barbecues and wildfires. How are the Government going to help farmers deliver the intentions of the Bill?

Does my noble friend agree that in order to get a good and diverse natural environment in this country, some 21% of agricultural land will need to be planted to trees or bioenergy crops? The counterbalance to that is that there must be an increase of 10% in the productivity of all other agricultural land, otherwise in 10 years’ time we will say, “Yes, we have done something for the environment, but we have done nothing for our food”; our food prices will be going up, and the poorest will be the ones who suffer.

This is a balance; it is an equation that has to be got right. Although I thoroughly support the necessity of the amendments proposed by my noble friend to set the remit of the Environment Bill, we also need to be very careful when discussing it to get the balance right, so that the people who will produce that improved environment are taken with the Government and can also make a living off the land which they farm and manage.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to participate in this debate. I congratulate my noble friend Lord Blencathra on being so industrious in coming up with such an imaginative way to put forward something that he obviously feels very passionate about. However, I support my noble friend the Minister, who I hope will go on to explain why we have settled on “biodiversity”. I support everything said by the noble and learned Lord, Lord Hope of Craighead, about why “biodiversity” has a specific meaning. We should also look at the history of “biodiversity”. There are a number of international conventions with which I am sure my noble friend Lord Blencathra, particularly wearing his hat with Natural England, will be familiar. Is he proposing that we now try to change all the international conventions which originally referred, even more confusingly, to “biological diversity”? I would put forward “biodiversity” as a compromise between “biological diversity” and “nature” or “the natural environment”, because it has a specific meaning and we have subscribed to a number of international conventions. For those who will have to follow what is asked of them, “biodiversity” has that specific meaning, which I am sure my noble friend will explain.

I support the noble and learned Lord, Lord Hope of Craighead, in saying that we need a list of species or a better understanding of what is being asked. I am sure my noble friend will explain that when he moves the series of government amendments later today. I accept “biodiversity” as a compromise, but we need greater clarification of the list of species—flora and fauna—which are to be protected.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I listened to the noble Lord, Lord Blencathra, with a degree of sympathy for what he is trying to achieve. We all want to make legislation more simple and able to be understood by members of the public, but in this instance, I agree with the noble and learned Lord, Lord Hope of Craighead, and the noble Baroness, Lady McIntosh of Pickering. To change the name in the legislation at this stage would cause a level of disruption, because we already have international agreements that refer to “biodiversity”. The Dasgupta report also referred to it.

There is a simple difference between nature and biodiversity. According to my dictionary definition, nature covers all existing systems created at the same time as the earth, whereas biodiversity is the part of nature that is alive, born on a mineral substrate in an earlier geodiversity. Biodiversity provides numerous ecosystem services that are crucial to human well-being at present and in the future. Longer-term changes in climate affect the viability and health of ecosystems, influencing shifts in the distribution of plants, pathogens, animals and even human settlements. Biodiversity loss has negative effects on several aspects of human well-being, such as food security, vulnerability to natural disasters, energy security and access to clean water and raw materials. It also affects human health, social relations and freedom of choice.

Quite simply, through this legislation, we need to protect our living biodiversity. The inclusion of a target-setting framework is a welcome part of the Bill, and something that has already been referred to by the noble and learned Lord, Lord Hope of Craighead. The long-term nature of environmental matters makes this all particularly important. Environmental improvement cannot be achieved over the short timeframe of a political cycle. We need to ensure that this Environment Bill provides an opportunity for the UK to become a world leader in the fight against all forms of pollution and biodiversity loss and in mitigating the impact of the climate emergency. The litmus test for all of us in the Lords is does changing “biodiversity” to “nature” in this Bill strengthen and toughen its provisions, does it weaken existing legal protections or does it make any difference?

I believe this Bill must turn the tide on nature’s decline, biodiversity decline and the climate emergency. It must transform the way we manage waste, protect our precious water resources and all the other aspects. So, I think at this late stage, it is best to keep to the term “biodiversity”, while I fully understand and appreciate the case made by the noble Lord, Lord Blencathra.

[Viscount Trenchard (Con) [V]]

My Lords, I was much elated to read my noble friend Lord Blencathra’s amendments. I completely agree with him that “biodiversity” is one of the worst examples of a pseudointellectual word that most people do not understand and would never use in speech. I think my noble friend is right that, in the main, it would be much better if we used the easily comprehensible word “nature”, on which there is universal agreement on its meaning. I completely agree that it is highly desirable that the Bill should use language with which the public identifies.

It is interesting that, in their response to The Economics of Biodiversity: The Dasgupta Review the Government refer to

“nature, and the biodiversity that underpins it”.

This suggests that biodiversity and nature are not quite the same thing because one underpins the other, but even in a note to the preface to the review, Professor Dasgupta writes that

“the terms Nature, natural capital, the natural environment, the biosphere, and the natural world are used interchangeably.”

The Cambridge Dictionary website informs me that biodiversity means:

“the number and types of plants and animals that exist in a particular area or in the world generally, or the problem of protecting this”.

The first part of this definition sounds to me to be the same as nature, but then I am confused by the notion of protecting it. The “bio” of biodiversity is derived from the Greek bios, meaning life, and all the varieties of animal and plant life on the planet are indeed diverse.

So, although academics may disagree that the simple word “nature” is inadequate, I am not convinced that there is any material difference in meaning. I agree with my noble friend that we should change the word “biodiversity” to “nature” wherever possible. My noble friend’s Amendment 203 changes the “general biodiversity objective” of the Natural Environment and Rural Communities Act 2006 to the “general nature objective”. Perhaps the Minister could tell us whether that Act was the first in which the term “biodiversity” was used and whether he agrees that it would be much better if our law was written in language that people can understand.

The noble and learned Lord, Lord Hope of Craighead, suggested that “biodiversity” is the correct word because it is broader, but I am not sure that the noble and learned Lord persuaded me that “nature” is narrower than the whole diversity of life. I also worry for the future of the word “diversity” which increasingly carries connotations of gender and race. For all these reasons I support what my noble friend Lord Blencathra is trying to do.

Fishing Industry

Baroness Ritchie of Downpatrick Excerpts

Wednesday 16th June 2021 Lords Chamber

Asked by

[Baroness Ritchie of Downpatrick]

To ask Her Majesty’s Government what assessment they have made of the sustainability of the fishing industry in the United Kingdom since 1 January.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, as a responsible independent coastal state, we are committed to developing world-class sustainable fisheries management, safeguarding stocks and the environment for the long term. This is underpinned by the Fisheries Act 2020, which provides a framework for a UK-wide joint fisheries statement and fisheries management plans. We remain committed to the principle of fishing at maximum sustainable yield through the Act and to extending the number of stocks fished at MSY through negotiations with other coastal states.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, what assurances will the Minister provide to Northern Ireland’s fishermen that their share of the new or additional proportion of fishing quota secured by the UK from the EU as part of the trade and co-operation agreement will not be reduced from 2022 onwards, and that the Government will look towards restoring a share of this new quota in line with Northern Ireland’s fixed-quota allocation share, as well as protecting all those—[Inaudible.]

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the UK-EU trade and co-operation agreement, covering the whole of the United Kingdom, provides a significant uplift in quota for UK fishers, which is estimated to be worth around £146 million for the whole UK fleet. That is equal to just over 25% of the value of the average annual EU catch from UK waters and is being phased in over five years, with the majority of that value being transferred this year. That applies to the whole of the United Kingdom.

Environment Bill: Royal Assent

Baroness Ritchie of Downpatrick Excerpts

Thursday 10th June 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My Lords, very few pieces of legislation enter the process in exactly the same form as they end it. To that end, a number of changes have been introduced already in the Commons on due diligence obligations—a world first—on dealing with our international footprint, and amendments on the organisation of the OEP and species conservation strategies. A number of amendments have been tabled in recent days for the remaining stages here in the Lords on species abundance targets, nature targets and much more besides. So, of course, the Bill will improve over time.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

Part 2 of the Environment Bill deals with environmental governance in Northern Ireland. Can the Minister specify when the Northern Ireland member of the office for environmental protection will be appointed?

Environment Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Cormack, and I pay tribute to the right reverend Prelate the Bishop of Salisbury, as he bids farewell to your Lordships’ House. I wish him a long and happy retirement.

This Environment Bill is welcome, but it has certain limitations. It will establish the new environmental governance system for England and Northern Ireland, including the new oversight body, the office for environmental protection, which I would like to see as independent. Later, I will concentrate on the Northern Ireland aspects, which must be toughened up.

This Environment Bill presents a high-powered agenda when matched against what has been happening to the environment. The dismal decline of our nature, which many noble Lords have already spoken about, has been well documented, with the UK at the bottom of the G7 league table for how much biodiversity it has left. Air quality and water, mammal and flora quality in our rivers have been impacted on. Litter is wreaking havoc on our countryside and wildlife, killing mammals and choking our seas with plastics. That is the stark nature of our environment, which needs to be preserved. The inhumanity of businesses and people, including many of us, has to be curtailed in some way if we want to protect our planet earth. The Bill needs to be improved to reflect the need to drive environmental improvement through binding interim targets and stronger delivery plans, as well as to provide that effective oversight of environmental law and progress by strengthening the independence and enforcement function of the office for environmental protection.

I am grateful to the RSPB and Greener UK for their briefing on the Northern Ireland aspects of the Bill. Specifically, Schedule 2 includes provision for environmental improvement plans and a policy statement on environmental protection in Northern Ireland. These provisions are broadly parallel to those in Part 1 that relate to England, albeit with some technical differences to reflect the different legal and policy contexts.

However, there are two key omissions that need to be corrected. First, there is no requirement to set plans for a specified time. Secondly, there is no duty or power on DAERA, the Northern Ireland department, to set and meet legally binding targets. In his wind-up, can the Minister specify why this is the case and whether work is continuing with the Northern Ireland Executive and DAERA? What are his prospects in terms of seeing that corrected?

My other questions in relation to the Environment Bill and Northern Ireland are as follows. What is the timescale for appointing the first Northern Ireland member of the board of the OEP? What resource is to be allocated to the OEP to carry out its statutory functions in Northern Ireland, including to ensure sufficient staff expertise on Northern Ireland law, policy and science? How will the OEP co-operate with the European Commission on matters of environmental law included in the Northern Ireland protocol?

Those legally binding targets are needed to help us to halt the significant loss of biodiversity in Northern Ireland. That exclusion from Schedule 2 of provisions akin to those in Clauses 1 to 6 is a fundamental omission that will hinder the protection and improvement of Northern Ireland’s environment. Therefore, I would welcome clarity from the Minister today on when the consultation on Northern Ireland’s environmental principles policy statement will be published. It must provide guidance on how the principles relate to the Northern Ireland protocol.

I look forward to answers to these pertinent questions from the Minister. I would like him to specify in his wind-up whether discussions are still ongoing with the Minister for DAERA and the Northern Ireland Executive. If so, what has been the response? Does the Minister have undertakings from the DAERA Minister and the Northern Ireland Executive that those commitments have already been made in relation to the resources to be allocated to the OEP and the OEP member for Northern Ireland?

There is no doubt that this is an important piece of environmental legislation that grants Ministers many powers, some of which are widely cast and would allow future Governments to change important laws on habitat protection, water quality and chemicals safety through regulation. Some of these do not yet have appropriate controls to ensure that they are always pursued transparently, are subject to consultation and further, rather than undermine, current levels of environmental protection.

Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021

Baroness Ritchie of Downpatrick Excerpts

Tuesday 18th May 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for his explanation of and introduction to these two sets of regulations.

The first set relate to trade and official controls. I note that they are intended to protect biosecurity and support trade by ensuring that within Britain, and between Britain and the EU, effective official border controls continue to operate following the end of the transition period, governing imports to Britain of animals and animal products and plants and plant products, including food and other imports to the agri-food chains—collectively known as the sanitary and phytosanitary checks. This represents a failure properly to prepare for the new arrangements over all of last year and raises more questions that require detailed answers.

The important questions are these. Why are the IT systems not ready? Is the infrastructure in place at the border ports of Portsmouth et cetera? Has more construction of infrastructure to take place? Have staff been trained to undertake the new responsibilities? What discussions have taken place with the agri-food sector and the National Farmers’ Union regarding the delays? What will be the estimated costs of the damage that these delays could cause to our agri-food sector?

In actual fact, this statutory instrument postpones the date from which prior notification requirements will apply to the import of products of animal origin and prescribed types of plant and plant products from the EU into GB from 1 April to 31 July. The instrument also extends the transitional period so that phytosanitary certificates will not be required for the import of plant and plant products from the EU into GB until 31 December 2021—apparently to allow businesses more time to familiarise themselves with new information technology arrangements.

Can the Minister explain the reason for both delays? Is it due to the implementation of the IT arrangements? If this is the case, why is that? Was no preparatory work undertaken on this issue last year in advance of the TAC agreements at the end of December? Was any equality impact assessment undertaken? If so, what were the results? If no assessment was undertaken, why was that the case? Will there not be an impact on the agri-food sector? Why the lack of preparedness on the part of the Government and Defra?

I note the concerns of the House of Lords Secondary Legislation Committee, which has written to Defra about the delays in the implementation of the IT systems. The committee was advised that there would be a phased transition to the new live systems, starting in summer 2021. Can the Minister indicate how long this phased transition period will be and whether there is an estimated date for completion?

There is also, it has been suggested, a delay in getting the BCP infrastructure ready for the new BCP checks, which Defra states should be ready in October 2021, January 2022 and March 2022. What will be the financial costs of this work and has it been budgeted for within the budget timeline for this financial year?

While recognising that these regulations are required for the operation of the trade and co-operation agreement, I fail to understand the inexplicable reasons for the delays. I fully recognise that Northern Ireland will continue to operate within the EU single market under the Northern Ireland protocol. Can the Minister confirm that there will be no detrimental impact on agriculture and the agri-food sector in Northern Ireland and its relationship with GB as a result of the delay in implementing the IT and digital requirements?

A number of weeks ago we discussed the plant health fees amendment regulations, to which the noble Lord, Lord Gardiner, responded. I am pleased to say that there have been some easements. I have been contacted by the AgriSupply Coalition which stated that because of our references in that debate to its problems, there has been greater engagement by Defra with it. Defra recognised that more clarity was needed on the terms used, such as “not intended for final user”, and put out much more information. It now means seed being sown to produce a crop that will be marketed, such as a crop of OSR. This step by Defra is welcome in removing the higher fee from seed for trials in response to industry concerns.

Notwithstanding that, the industry remains vigilant about any potential divergence between all parts of the UK on the matter of seeds and plant health. Many companies located in or involved in sales around all parts of the UK remain nervous about this. This is very relevant to the implementation of the Northern Ireland protocol, so I would welcome assurances from the Minister that the area of divergence is being managed, and managed in the interests of those in the agri-food sector and the AgriSupply Coalition, which helps to supply and keep fuelled our local agricultural industry throughout the UK.

I support these statutory instruments and their two specifications. I look forward to the Minister’s response.

Biodiversity Emergency

Baroness Ritchie of Downpatrick Excerpts

Thursday 22nd April 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I congratulate the noble Lord, Lord Teverson, on submitting this Question on the biodiversity emergency for debate today. Like him, I believe that the climate emergency is the twin of biodiversity and that there is a symbiotic relationship between them, because one has an impact on the other. They cannot be addressed in isolation and require urgent and immediate attention.

Every Government, every business, every organisation and every individual must play a part in reducing greenhouse gas emissions; assisting in the adaptation to climate change; halting biodiversity loss; and restoring habitats and species through changes in laws and regulations, policies, behaviours and lifestyles at local and national levels. In my own local area, there is one company doing that through one individual at True Harvest Seeds, which is looking to ensure that the local, indigenous seeds of the island of Ireland are protected and allowed to germinate. It is trying to deal with a lot of the invasive species that are destroying our local biodiversity.

This is an extensive subject and I hope that the Environment Bill will give the Government the opportunity to deal with biodiversity loss and the biodiversity emergency. I would very much like to see the Minister give us answers today about the future content of the Environment Bill. Can he also indicate what actions will be taken to ensure that the national infrastructure bank is pivotal in facilitating the financing of nature restoration and nature-based solutions to climate change?

[The Deputy Chairman of Committees (The Earl of Kinnoull) (Non-Afl)]

I call the noble Lord, Lord Bradshaw. Lord Bradshaw? No. I regret that we will have to go on then. I call the noble Baroness, Lady Jones of Whitchurch.

Russia: Alexei Navalny

Baroness Ritchie of Downpatrick Excerpts

Thursday 22nd April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, on my noble friend’s second point, we are doing just that, if not necessarily at the UN Security Council. I mentioned the OPCW earlier. There is a specific debate with the Russians, in a constructive fashion, saying: “There was a poisoning of Mr Navalny. Answer the case.” The Russians have not been forthcoming. On the issue of sanctions every day or what may happen in future, there are good reasons why we do not speculate, one of which is that an evidential threshold needs to be met. Anyone or any institution that is sanctioned has the right to appeal, and we need to ensure that the sanctions we impose are robust.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, UN human rights experts have urged Moscow to let Alexei Navalny be medically evaluated abroad. Can the Minister confirm what discussions are being held with the United Nations to ensure that all pressure is put on Moscow to allow an external medical evaluation to take place?

[Lord Ahmad of Wimbledon (Con)]

My Lords, there are two points in response to the noble Baroness’s question. First, we are calling for that kind of independent access to make that medical assessment with our key partners, within the context of our various representative bodies, such as the UN and the OPCW, as I suggested. Secondly, Russia is part and parcel of the Security Council. It is a P5 member. It has signed up to its responsibilities. It now needs to be seen not just to act but to act in this instance.

Heather and Grass etc. Burning (England) Regulations 2021

Baroness Ritchie of Downpatrick Excerpts

Thursday 18th March 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I congratulate the noble Baroness, Lady Jones of Whitchurch, on tabling the Motion because the new regulations will not adequately protect peatland or reduce UK carbon emissions through a partial ban. There is a definite need for action to control peat burning, which is required as a matter of priority. That fact has been raised by the House of Lords Secondary Legislation Scrutiny Committee as well as the Joint Committee on Statutory Instruments.

Further to that, Wildlife and Countryside Link has been particularly instructive in relation to this issue. It believes that this statutory instrument will not achieve its policy objectives of protecting upland peat habitats from the impact of burning; that it is limited in its scope in terms of partial burning and only on designated sites; that the SI is undermined by loosely-worded exemptions; and that the SI’s weaknesses undermine the Government’s advocacy of nature-based solutions to climate change. We cannot be a champion of nature-based solutions to climate change while at the same time allowing our nature carbon store to be burned.

There is strong public support, around 60%, for a comprehensive ban, because the public recognise the importance and value of upland peat. They wish to see its potential as a nature-based solution to climate change realised, and they support a comprehensive burning ban to deliver that. What steps will the Minister take to ensure that this legislation is reworked and that he comes back to your Lordships’ House with a new statutory instrument with a comprehensive ban?

Myanmar

Baroness Ritchie of Downpatrick Excerpts

Thursday 11th February 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, could the Minister confirm whether the Government will work with other like-minded allies to impose a global arms embargo on Myanmar to underpin human rights, particularly as the UK has the presidency of the UN Security Council?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I have already indicated, the UK is a long-standing supporter of the arms embargo and it is already being applied. Since we left the EU, we transitioned the arms embargo regime from the EU into UK law. The UK autonomous Myanmar sanctions regulations prohibit the provision of military-related services, including technical assistance to or for the benefit of the Myanmar military.

Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Monday 8th February 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for his explanation of these statutory instruments. I support sanctions as long as they are compliant with human rights legislation. Exiting the EU means that the UK is now responsible for the legal framework within which the UK may impose, update and lift sanctions, whether autonomously or in line with United Nations obligations. Therefore, I ask the Minister: what is the relationship now with the EU in relation to the sanctions regime? Will there be continued co-operation in an effort to address those areas globally which are flagrant abusers of human rights and are involved in money racketeering, paramilitary activity and corruption—often involving death?

I believe it is a desired objective of your Lordships’ House to address issues to deal with money laundering on an international scale and how it can be accompanied on many occasions by those human rights abuses. We definitely need a sound global sanctions scheme whereby the rule of law, democratic accountability and the proper and ethical use of state funds are the very kernels of our foreign policy.

Those who abuse human rights, attack civilians—whether in Nicaragua, Burundi or Guinea—threaten democracy, the rule of law and the rights and freedoms of civil society, or use corruption, torture and murder to further their own ends have no safe haven for themselves or their dirty money here in the UK, the overseas territories or, in fact, in any part of the world.

I note that the regulations date from 1 January 2021. Since these regulations were debated only last week in the other place and today in your Lordships’ House, what actual legislation covered the last five weeks? Could the Minister provide assurances that the UK Government were covered in terms of sanctions against these countries, where, in some instances, there have been significant abuses of regulations and human rights issues over the last number of years?

I would like to concentrate on two areas. I noticed in doing some research for this debate that there were regulations on Burma—or Myanmar—but they are not mentioned. The other area missing from this list which I believe needs to be covered is that of the Uighurs and China.

In relation to Burma, in particular, the coup d’état that took place last week and the—shall we say—unlawful imprisonment of the leadership there, could the Minister outline what consideration the Government have given to introducing sanctions on members of the Burmese military linked to human rights abuses and the recent coup d’état in Myanmar? What assessment have they made of the coup d’état which took place on 2 February and its potential impact on the rights of the country’s religious and ethnic minorities and the process of democratisation in Myanmar?

In relation to China, what further sanctions will the Government take against the human rights abuses and acts of genocide against the Uighur community? Will there be separate legislation on this matter? I believe that what has happened there is also a violation of human rights, and sanctions should be in place.

Therefore, what actions will the UK Government take at the UN Security Council and the Human Rights Council against human rights violations in those countries and to ensure adherence to democratic standards? What representations will they make to the International Court of Justice regarding such violations of human rights?

I hope that the Government will work with the EU, NATO and the UN, along with the new political dispensation in the USA, against human rights abuses and to ensure that democratic standards are upheld. While supporting the sanctions that will be in place as per the statutory instruments—as long as they comply with human rights legislation—I ask that further consideration is given to Burma, and to China and the Uighurs.