Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2023

Baroness Sheehan Excerpts

Tuesday 14th November 2023 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I beg to move that these regulations, which were laid before the House on 16 October 2023, be approved.

This instrument adds a new substance called perfluorohexane sulfonic acid—PFHxS for short—including its salts and related compounds, to the retained persistent organic pollutants regulation in response to the listing of this substance under the United Nations Stockholm Convention on Persistent Organic Pollutants. The UK is a party to the convention and is therefore obligated to reflect in UK law the listing of POPs under the convention. This legislative change is permitted by use of the powers available within article 15 of the retained EU regulation on POPs. We have worked with the devolved Administrations on this instrument. These regulations are needed to implement the UK’s commitments under the United Nations Stockholm Convention on Persistent Organic Pollutants. POPs are substances recognised as particularly dangerous to the health of humans, wildlife and the environment. This SI preserves and adds to the current regime for managing, restricting or eliminating POPs in the UK.

Let me turn now to the details of the instrument. At the 10th meeting of the conference of the parties last year, PFHxS was added to the list of substances for global elimination under the convention. This decision was communicated to parties and observers by the UN depository in November 2022. The SI adds this new POP to the list of substances prohibited by law from being manufactured, sold and used in Great Britain.

Secondly, the instrument provides some exemptions from the prohibitions by allowing the unintentional presence of PFHxS at trace levels. These limits define the concentrations at which PFHxS can lawfully be found in a substance, article or mixture, where they are unintentionally present and found in minimal amounts. The SI includes two general limits and one that is specific to its presence in firefighting foams.

This instrument was not subject to consultation because, although it represents an update to existing legislation, it implements an international obligation that the UK is required to put into place in law. There were opportunities for UK stakeholders to feed into earlier engagement, both UK and convention led, at various stages before PFHxS was adopted for elimination under the Stockholm convention. The Government have also initiated public calls for information and opportunities to comment on draft evaluation documents for this substance. We received no evidence to suggest that exemptions or derogations were required by industry in Great Britain. Following that previous engagement, a recent Defra-led consultation on other potential amendments to the POPs regulation stated our intention to list PFHxS in annexe 1 of the POPs regulation in order to meet the UK’s obligations under the Stockholm convention.

A de minimis impact assessment was carried out. It concluded that there is no indication that PFHxS chemicals are intentionally produced or used in Great Britain. As such, this SI is not expected to have an impact on businesses, beyond one-off familiarisation costs. It is also not expected to disproportionately burden small businesses.

The Environment Agency is the delivery body for the POPs regulation for England, and Natural Resources Wales and the Scottish Environment Protection Agency are the delivery bodies for Wales and Scotland respectively. They have been involved in the development of this SI and have no concerns in relation to implementation or resources.

The territorial extent and application of this instrument is Great Britain. Under the Windsor Framework, the EU POPs regulation 2019/1021 applies in Northern Ireland. The devolved Administrations in Wales and Scotland were engaged in the development of the SI and have consented to it being made on a GB-wide basis.

In conclusion, I emphasise that the measures in this SI are needed to implement the requirements of the Stockholm convention by adding the new POP PFHxS, its salts and related compounds to the list of substances prohibited by law. The Environmental Improvement Plan for England has made clear our commitment to support and protect the natural environment, wildlife and human health. This includes our commitment to manage and reduce POPs in the environment. The draft regulations will allow the UK to continue to meet commitments relating to POPs and to continue to implement the Stockholm convention requirements to prohibit, eliminate or restrict the production and use of POPs. I hope noble Lords will support these measures and their objectives, and I commend the draft regulations to the House.

[Baroness Sheehan (LD)]

My Lords, I thank the Minister for the information he gave, and I convey the apologies of my noble friend Lady Bakewell, who is unable to be here today—I am standing in her place. The Minister spoke about PFHxS, but I was under the impression that we would be speaking about PFOAs and the extension of the deadline from July 2023 to 2025. I may have got it completely wrong, but that was the brief I was given.

I listened carefully to what the Minister said. These POPs are very toxic substances, with a long lifetime in the environment. It is not for nothing that they are called “forever chemicals”. So I am pleased that the Government have taken this firm line and will make sure that they are banned—and I am pleased that they are not being produced in the UK.

[Lord Tunnicliffe (Lab)]

My Lords, in the absence of my noble friend Lady Hayman of Ullock, it falls to me to thank the Minister for introducing these regulations. The pedant in me needs to point out that we are invited to consider these regulations, not approve them.

The Minister will be relieved to hear that we support the passage of this statutory instrument, which, as he outlined, implements a June 2022 decision on the Stockholm convention, to which the UK is a party, to list PFHxS, its salts and related compounds as prohibited persistent organic pollutants—POPs. The Explanatory Memorandum notes that PFHxS is

“one of the most frequently detected and predominant PFASs in human blood”.

Although not all PFAS chemicals are POPs, it is worth acknowledging the significant threat posed by many PFASs. These forever chemicals degrade incredibly slowly, bringing a risk of large-scale health and environmental effects. From the debate in another place, I understand that more of these chemicals are due to be listed as POPs under the Stockholm convention in the near future. Is the Minister able to provide any timeline for the designation of these additional chemicals? Will the Minister commit to bringing forward further statutory instruments as quickly as possible?

As my colleague, Ruth Jones MP, noted, this instrument represents

“a very good example of common sense alignment with our neighbours”.—[Official Report, Commons, Second Delegated Legislation Committee, 13/11/23; col. 5.]

Close cross-border co-operation on environmental and chemical threats is vital. It is for that reason that we were puzzled by the Government’s decision not to seek an ongoing relationship with the EU’s REACH programme —the system for the recognition, evaluation, authorisation and restriction of chemicals. The replacement UK REACH scheme is still very much in its infancy, with worryingly little information about how it will work in practice. Recent media reports suggest that the department will require less hazard information from chemical companies when they register substances in the UK. Can the Minister confirm whether that is the case and whether an impact assessment will be made available in due course?

While this SI keeps us in step with international partners in relation to POPs, there is a perception that the UK is falling behind on broader chemical regulation. That flies in the face of promises made by a variety of Prime Ministers, Secretaries of State and Ministers. While we support the passage of this instrument, I hope the Minister will accept that the Government have work to do to convince colleagues that the necessary steps are being taken to preserve the health of the population, wildlife and the natural environment.

Air Quality Strategy Consultation

Baroness Sheehan Excerpts

Thursday 18th May 2023 Lords Chamber

[Lord Benyon (Con)]

My noble friend raises a point that cab drivers raise with me frequently. It is a serious point. As she knows, air quality is devolved to the mayor, who is ultimately responsible for the delivery of his policies. Undoubtedly, with ULEZ and other policies, this is causing tensions, but it is for him to answer. Our point is to help local government in all its forms to deliver. We are putting in money to assist local authorities in tackling air quality right across the country. London is the biggest challenge. That is why we work with the mayor when we can to make sure that we are achieving that in the capital.

[Baroness Sheehan (LD)]

My Lords, Cabinet Office consultation principles state:

“Consultations should last for a proportionate amount of time”


and should be judged

“on the basis of legal advice and taking into account the nature and impact of the proposal”.

Air pollution is estimated to be responsible for more than 64,000 deaths in the UK, costing in the region of £20 billion, as estimated by the Royal College of Physicians report, Every Breath We Take. Does the Minister really believe that nine working days is a proportionate amount of time to gather responses on air pollution, the biggest environmental risk to public health?

[Lord Benyon (Con)]

I cannot add in response to the noble Baroness more than I said in my reply to the noble Baroness, Lady Hayman, because I think that we have consulted very widely, not just during those dates that she cited but across the piece. Air quality is one of the key priorities. If the noble Baroness looks at our environmental improvement plan, she will see what we are asking to be delivered right across this country. She will see that it is a priority and that we are consulting in a variety of ways to make sure that we reflect those who have to deliver this, which is, in the main, local authorities.

UK Shellfish Sector

Baroness Sheehan Excerpts

Wednesday 10th February 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, I agree with the noble Lord. We are seeking a pragmatic solution to this matter.

[Baroness Sheehan (LD) [V]]

My Lords, I would like to follow on from the question from the noble Baroness, Lady Finlay. The Minister said a little bit about what needs to be done to bring our class B waters up to class A standards. Can he say how long he thinks this might take? Will the Government move this into a higher priority area now?

[Lord Gardiner of Kimble (Con) [V]]

On the timeframe, there has been a lot of work to improve waters and achieve our water regulation standard results in shellfish waters of high class B quality. As I say, there is investment, and this will need to continue. Part of our 25-year environment plan is to have three quarters of our water in its natural state. This is going to need investment, and we are working on this. But I want to emphasise that our molluscs from class B waters are of very high quality, and we wish to work with permission to ensure that this legitimate trade, which is important around the country, is resumed.

Food Supply and Security

Baroness Sheehan Excerpts

Thursday 14th May 2020 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, I was privileged to be a member of the Lords EU Energy and Environment Sub-Committee when it produced Brexit-related reports on agriculture, and on food prices and availability. The two key vulnerabilities in our food system that the Covid-19 crisis has laid bare were highlighted in those reports: first, the UK’s dependency on the rest of the world, given than half our food is imported; and secondly, the gaping labour gap left by EU workers who do so much of the heavy lifting in all aspects of food manufacturing, in both skills and stamina. Can the Minister say what progress has been made by the Feed the Nation campaign to fill the 80,000 vacancies for this harvest season?

The British Veterinary Association states that 95% of official veterinarians working in abattoirs come mainly from the EU. These OVs are essential to ensuring compliance with food standards and regulations, as well as upholding levels of animal welfare. A reduction in their numbers will seriously compromise the FSA’s ability to sustain a sufficient service. How has the food safety inspections regime been coping with reduced personnel, the difficulty of maintaining social distancing measures in food production settings, and a shortage of PPE? Essentially, is enough being done to safeguard the public against the risk of food-borne disease? Lastly, what advice have scientists given about the risk of SARS-CoV-2 jumping the species barrier from humans back to the animal kingdom—to, say, chickens?

Brexit: Plant and Animal Biosecurity

Baroness Sheehan Excerpts

Wednesday 15th May 2019 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, I draw attention to my interests as recorded in the register.

In rereading this excellent report, it is clear that what is at issue is the scale of damage to our nation if there were to be a serious lapse in biosecurity. My noble friend Lord Teverson and other noble Lords have already mentioned foot and mouth. Who can forget the terrible scenes as farmers and emergency services battled to rid the country of it, or the nostalgia with which we still regret the absence of the majestic elm from our countryside?

The briefing from the Woodland Trust tells us that, during the UK’s membership of the EU, global biosecurity threats—particularly in plant biosecurity—have increased significantly and that the UK’s response has sadly been less than exemplary. The report is therefore timely and very well put together, and I take this opportunity to put on record my thanks to the clerks of the Lords EU Energy and Environment Sub-Committee for their skill in helping members of the committee, of which I am one, to access the material to produce such an informative report. I also extend my appreciation to my noble friend Lord Teverson for his excellent chairmanship and masterful introduction to this debate. I will concentrate on two aspects: food safety risk management, which has already been covered by the noble Lord, Lord Krebs—although perhaps I can offer something a little different—and compliance and monitoring.

First, what happens to food safety risk management if we do not have a seamless transition from being an integral partner in the EU’s disease notification systems to not having a seat at the table? Just to recap, the four main notification systems are: the animal disease notification system; RASFF, the rapid alert system for food and feed; the European alien species notification system; and the European Union notification system for plant health interceptions. The importance of these early alert agencies has been recognised by the Government, who have stated their intention to retain access to these systems. It is good that the Government recognise that it is important to be part of the discussion that leads to decisions about what information will be put in the public domain and what will not. As the chemists among us will know, after filtration, both the filtrate and the substrate are of interest. However, as things currently stand, the fact is that the only third countries that take part in any of these organisations are those in the animal disease notification system, and they are either candidate or potential candidate countries, or members of EFTA. For the other three bodies, full participation is restricted to member states only.

Can the Minister say how matters stand with respect to gaining access to these important early alert systems? I know that other noble Lords have asked the same question of the Minister, which goes to illustrate how important we think it is that this matter is addressed and that we have clarification. Does he agree that relying solely on public websites will not substitute for the wealth of information and insight that we currently enjoy, nor the influence we currently exercise—and that that applies even if we take part in international information exchange networks like the Food Industry Intelligence Network and the WHO’s International Food Safety Authorities Network? The plan may be for the FSA to step into the breach, but it is not clear when it will be up and running and firing on all cylinders. The noble Lord, Lord Krebs, has given us a fairly comprehensive run-through of why concerns about the FSA’s role remain. As has been mentioned, it is not clear either that any shadow body that is set up in the interim, until the FSA is up and ready, will be independent of government interference and at a safe distance from the food lobby. I therefore echo the same concerns as the noble Lord, Lord Krebs.

It is frightening to think that the Government were once seriously peddling a no-deal Brexit in the knowledge that alternative arrangements for biosecurity, such as they are, were not yet in place and that the UK’s protection from animal pests and disease would have been substandard. It is also concerning that there remain on the Government Benches—and, it has to be said, the Opposition Benches—those who still extol the virtues of a no-deal Brexit. A poorer-quality early alert system, coupled with the proposal for laxer controls on borders, is a recipe for disaster and criminally negligent. Maybe it was merely political posturing and never in serious contention; one can only hope. However, the worry is that the snake-oil proponents of a no-deal Brexit are doing rather well in the polls for the Euro elections next week—a consequence of the failure of the Government and the Opposition to tackle the myth that we can have our cake and eat it, forgetting to mention the listeria or the E. coli lurking within.

The role of monitoring and enforcement is currently filled by the European Commission and the EU’s Food and Veterinary Office, which I am sure the noble Lord, Lord Trees, will cover in detail. The FVO carries out regular missions to member states to check practices and compliance with animal health, animal welfare and food safety regulations. It is a valuable independent assessor of risk management. In paragraph 38 of the report, the Agriculture and Horticulture Development Board asks who will perform this function if the UK leaves. The Welsh Government Minister, Lesley Griffiths AM, said in written evidence:

“There will … need to be a body to replicate the audit and advisory support, post EU exit, currently delivered through the FVO”.


The RSPB raised an important issue about enforcement. I refer noble Lords to paragraph 39, where it said that the text of the invasive alien species regulation,

“requires Member States to report to The European Commission on a 6-yearly basis on actions taken to implement the IAS Regulation”.

The Commission therefore has the power to ensure that member states are implementing the IAS regulation and it can take enforcement action if necessary, along with the European Court of Justice. The result is that we currently have a monitoring and risk assessment agency and a Commission that has a record of taking meaningful action against transgressors.

The Minister’s response to the committee when asked about how enforcement would be dealt with post Brexit, was, if I may say so, rather lackadaisical, given the dire consequences should there be a material lapse in vigilance. The Minister in question is the same Minister who is responding on behalf of the Government today, who said to the committee:

“If we need to look at either remits or additional powers to retain our reputation and our requirements, we will look at that … We will take every opportunity, if necessary, to bolster any existing organisations”.

[Baroness Barran (Con)]

I remind the noble Baroness that the advisory speaking time is seven minutes.

[Baroness Sheehan]

I am sorry—I am just about to finish.

It sounds very much like we would be willing to shut the stable door once the horse has bolted. I hope that the Minister is now of a more proactive frame of mind. It is much more cost effective to address and manage the risks before catastrophe strikes and farm animals, lives and livelihoods are lost. I hope, if nothing else, that the Government will now take heed of that message from this report.

Ivory Bill

Baroness Sheehan Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, I apologise for not having taken part in the Second Reading debate on the Bill. I was unable to do so, but, having seen the amendment put down by the noble Earl, Lord Sandwich, I was moved to add my name. I will take a few minutes to say why I thought that that was necessary.

The aim of the Bill is well and good within itself and I support it wholeheartedly. The success of the Bill in reducing poaching will, we all hope, lead to a rise in elephant numbers and it therefore makes sense that we should also be alive to any unintended consequences that could arise. That is why I have added my name to the amendment in the name of the noble Earl, Lord Sandwich. I am most concerned about the consequences for developing communities in countries where the elephants are found.

The Minister will know—we have already heard about this from around the Chamber this afternoon—that human-elephant conflict is a real and growing issue in regions where elephants and humans live in close proximity. Indeed, the issue has its own acronym—it is frequently referred to as HEC. Smaller farms risk crops being devastated by elephants and the wrath of farmers can translate into hostility towards elephants and the granting of licences to poachers, which rather defeats the purpose of the Bill, as the noble Earl, Lord Sandwich, mentioned. In addition, heedless large agribusiness, of the type that Africa is in dire need of, can cut swathes through traditional elephant corridors to food and water, causing major conflict.

The abhorrent practice of destroying majestic, intelligent creatures must be put to a stop, but it must be done so that it is permanently sustainable. If we are serious about the endeavour, we must be proactive in identifying areas where challenges will arise and take action to meet them. Some excellent work being done in this field has highlighted the important insights that local communities can provide, so it is crucial that those communities are involved in designing the initiatives for crop protection that will lead to elephant conservation. It is important that this is done by DfID, because it is best placed and has the best know-how and it will be able to take the lead in efforts to mitigate the impact of rising elephant numbers on the countries where elephants live and, in particular on the local communities, particularly farming communities, that may be adversely affected.

In conclusion, peaceful coexistence of humans and elephants is eminently possible through effective and sensible land management. However, we must be alive to the dangerous unintended consequences and must not neglect to give this issue sufficient attention.

[Lord Inglewood (Non-Afl)]

My Lords, I declare an interest as president of the British Art Market Federation, as I did on the first day in Committee.

May I ask the Minister about the comments about resources that the noble Lord, Lord Grantchester, made at the beginning of his speech? On the first day in Committee I moved an amendment that the noble Lord will remember, about the requirement to register Clause 7—de minimis—exemptions. These exemptions, in the words of the Explanatory Memorandum, are there because they in no way, either directly or indirectly, contribute to the poaching of wild elephants. At the same time, the Minister told the House that government policy had been prepared with the benefit of the widest consultation, with all the relevant interest groups, including the wildlife interest groups. That being the case, having heard the remarks of the noble Lord, Lord Grantchester, surely it must follow, given the very small number of resources that are available to deal with the problems of ivory, that this stipulation that de minimis exemptions need to be registered is a serious misallocation of resources. The Government admit that they are not contributing to the destruction of wild elephants. Therefore, if it is an offence not to register, they are deflecting resources that could otherwise be put to better purpose. If the noble Lord says that it will not lead to any change or misallocation of resources, I will ask him what the purpose is of having that stipulation in the legislation at all, because it is conceded that it is not achieving anything.

Brexit: Environment and Climate Change

Baroness Sheehan Excerpts

Thursday 23rd March 2017 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, I start by thanking my noble friend Lord Teverson for his expertise in chairing the committee as it took evidence and discussed the diverse issues raised. I also take this opportunity to thank the clerks for their unfailingly high standards.

I aim to restrict my remarks to the enforcement of environmental legislation, which will be crucial to the successful transfer of the EU approach to environmental protection back to one under the jurisdiction of the UK. The report notes the importance of EU membership to UK environmental protection, with no less than 80% of UK environmental legislation being shaped by the EU. The overwhelming majority of witnesses to the inquiry believed that the UK’s membership of the EU had improved the UK’s approach to environmental protection and ensured that the UK environment had been better protected.

During the referendum campaign, environmental issues did not feature large, but a national poll conducted by YouGov for Friends of the Earth found that support for the same or better environmental protection with high even among those who voted to leave the EU. The fact is that a majority of the British public remember and value the impact of our membership of the EU in cleaning up our beaches and our drinking water.

In its evidence to the Environmental Audit Committee, National Parks England reported that most environmental professionals feel that EU legislation has proved to have more clout than UK laws. It stated:

“An important issue will be (if, as seems likely, the Habitats Directive no longer has to be applied) how the UK establishes equivalent fully independent administrative systems, to protect the most important wildlife sites. This seems likely to require some new legislative mechanisms if the current system for enforcing the Habitats Directive (ultimately, via the Commission and ECJ) becomes irrelevant”.


Although European law will be transposed to the UK, governance arrangements would not. We stand in danger of losing the stable policy environment that complex, well-enforced EU law has created—one that is resistant to change. The upshot of that has been higher investor confidence among businesses. This stability could be lost with the increased freedom of the UK to set its own laws.

The EU governance structure also allows the Government to be held accountable for their environmental actions—for example, through NGOs being able to challenge air quality policy in court. Professor Andrew Jordan told the committee that without the European Environment Agency, the European Commission and the European Court of Justice, there was a risk of legislation becoming “zombie legislation”—either no longer enforced or no longer updated to the latest scientific understanding.

The European Commission is a key player in the current enforcement of environmental legislation. Professor Lee said that, as things currently stand, we have,

“obligations to report on how we intend to comply, then to report on how we did comply, and to explain how we will come into compliance if we fail to do so. We report to a well-resourced, well-informed, named body—the Commission”.

The Wildlife Trusts noted that the Commission,

“provides a great deal of support on environmental legislation, including sharing information, monitoring progress, facilitating reporting on progress across Member States, providing guidance and interpretation of legislation”.

None of that currently exists in the UK, and how will we continue to provide that level of expertise to organisations and businesses?

Environmental NGOs have welcomed the role of the European Court of Justice and its right to bring infraction proceedings against member states of they failed to comply with their obligations under EU law. This is a powerful adjunct to the role of the Commission. It has the clout to levy meaningful fines, and its rulings are attended to carefully by member states.

This is the crux of the matter. The European Court of Justice has the resources and information at its fingertips to bring member states to book. Following Brexit, it would be for the domestic courts to enforce public authorities’ and Ministers’ compliance with environmental legislation, typically by means of judicial review. However, we heard evidence from Professor McCrory and Mr Andrews of ClientEarth that the cost of a judicial review could be prohibitive, as could its time-consuming nature. It was also pointed out that although the Commission can fine, the Supreme Court does not.

At the moment, the Government, spurred on by the Commission, drives a lot of thinking about how not to be infracted. Ms Mukherjee raised this fundamental question:

“If it is not the Government but a sector, or the Environment Agency in the any of the four UK Administrations that raises the question, would there be that impetus and that brainpower behind assuring an avoidance of infraction?”.


To conclude, the Committee found the Government’s confidence in its ability to hold themselves to account was at odds with the concern expressed by the large majority of witnesses. I therefore strongly endorse the words found in paragraph 84 of the report that,

“an effective and independent domestic enforcement mechanism will be necessary, in order to fill the vacuum left by the European Commission”.

I shall leave noble Lords with the words of the Game and Wildlife Conservation Trust:

“There is little use in having good legislation if there is limited means to enforce it”.

--- Later in debate ---

[Lord Gardiner of Kimble]

I am sorry that the noble Baroness does not have confidence in our institutions, our Parliament and our courts, because that is in effect what she is saying. She is saying that other countries around the world are well able to look after their own environment. In fact, in many cases, as I have described, we are already leading and are recognised as a leader of the world.

The committee is also anxious—rightly—for the Government to make clear what a free trade agreement with the EU will entail, arguing that this will have implications for future environmental policy. We will negotiate for an ambitious free trade agreement that allows the freest possible trade in goods and services with the EU. Trade and environmental considerations are closely related.

We want to ensure economic growth. Development and environmental protection go hand in hand. More trade does not have to come at the expense of the environment, and a healthy environment is in everyone’s interests. We will explore all options in the design of future bilateral trade and investment agreements, including environmental provisions within them.

In respect of the committee’s specific recommendations to review and evaluate the common agricultural policy and the common fisheries policy, I can assure your Lordships that we are assessing all the opportunities for agriculture and fisheries outside the EU. A number of noble Lords raised this, including my noble friend Lady Byford, who particularly raised the importance of a successful agricultural sector, and my noble friend Lady McIntosh of Pickering and the right reverend Prelate the Bishop of Leeds. It is absolutely clear that a successful agricultural sector in this country is compatible and has traditionally, in so many parts of our country, been compatible with a good environment.

The noble Lord, Lord Judd, has always been not only an outstanding champion of Cumbria but also of the national parks, for which it is my great privilege to be responsible at the moment. Farming, landscape, environment, and the agricultural system of the Lake District are absolutely hand in hand and entwined. It has been created by generations of farmers, and it is that agricultural system that has enabled the very designation that we granted to that wonderful part of our countryside.

There is much on which the Government will be working. I would say to the right reverend Prelate the Bishop of Leeds that it is my privilege to sit on the ministerial taskforce on broadband and we are absolutely clear about the need for increasing the rate of superfast broadband in rural areas. We have deliberately trialled the free childcare of 30 hours in rural areas, specifically because we think it is important that everyone in this country has those advantages. We are absolutely clear that, as I say, a great and improved environment and a strong agricultural sector are compatible with each other.

The committee points out a shared interest in maintaining cross-border trade with the EU. The Government agree with that. It highlights the need to co-operate with the EU on environmental pollution—of course, due to its transboundary nature. It is our neighbour and our friend and we should do this.

The committee also expressed some concern that withdrawal from the EU may impact on achieving climate change targets. I can assure noble Lords that we will continue to work closely with EU member states and international partners to tackle environmental issues which demand multilateral co-ordinated action. We will continue to co-operate with the EU on those policy areas where it is important for us to do so, including those issues which have effects across borders.

In relation to achieving carbon targets, I would say to the noble Lord, Lord Grantchester, that the Government remain committed to tackling climate change and to low-carbon, secure and affordable energy and clean growth. While we cannot know at this stage what our precise future participation in EU climate measures may be post-exit, the EU will remain an important partner and we are considering how best to continue to work together.

The committee also urged the Government to engage fully in negotiating and influencing EU environmental proposals for the full term of its membership. It expressed concern about the UK’s influence post-exit at both EU and international level. It also stressed the importance of ensuring that the UK adheres to its international commitments. As long as we remain a member of the EU we will continue to play a full part in its activities and to represent the interests of the British people. My ministerial colleagues and officials continue to play an active role in the EU institutions.

I want to emphasise, particularly because it has been emphasised by three noble Lords—the noble Baroness, Lady Featherstone, the noble Lord, Lord Rees of Ludlow, and the noble Lord, Lord Hunt of Chesterton—that, after our exit, the UK will continue to honour its international commitments. We are party to multilateral environmental and climate change agreements and are bound by their obligations.

We are signatories, for instance, to: the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris agreement, which set binding emissions targets; the Convention on International Trade in Endangered Species; the Montreal protocol, with its ban on most ozone-depleting substances and requirements to reduce hydrofluorocarbons—I was particularly grateful to my noble friend Lord Caithness for reminding your Lordships of the London conference, and the advances and all that followed on from that conference; the Convention on Biological Diversity; the Berne convention; the OSPAR Convention on the Protection of the Marine Environment of the North-East Atlantic; and the Basel, Rotterdam and Stockholm conventions, with their restrictions on the movement of hazardous waste and commitments relating to chemicals.

More than just honouring our international commitments, the UK will remain an active country at a global level. The UK has always played a significant role at the international level, whether this be in combating acid rain, or the role that we played last year in extending the Montreal protocol. We have led Europe on issues of environmental protection, let us remember. The Wildlife and Countryside Act 1981 provided protection in UK law for vulnerable species more than a decade before the EU introduced the habitats directive. The committee—I particularly draw the attention of the noble Lord, Lord Grantchester, to this—acknowledged, I believe rightly, the UK’s position as a global leader on climate change. The UK’s acknowledged skills and expertise have been a major factor in developing our influence in international climate and environmental policies. These skills and expertise will stand us in good stead for continuing to influence environmental policies. We will not step back from the international leadership that we have given on climate change.

My noble friend Lord Deben, the noble Lord, Lord Krebs, and the noble Baroness, Lady Brown of Cambridge, are all Members of your Lordships’ House who have been keen leaders in ensuring that, through all our efforts, we are better with our mitigation and our adaptation. I thank the noble Lord, Lord Krebs, who has recently handed over to his very worthy successor, the noble Baroness, Lady Brown of Cambridge, the chair of the Adaptation Sub-Committee.

The noble Lord, Lord Krebs, mentioned the UN Framework Convention on Climate Change, and we will continue to remain a very strong partner in that. We are now considering how best to take forward that continued engagement. The UK remains committed to international efforts to tackle climate change, and working with the EU will remain as important as ever. We will also continue to strengthen our relationship with other partner countries and work through multilateral groupings such as the G7, G20 and the Commonwealth.

The noble Lord, Lord Rees of Ludlow, referred to the Copernicus project; I think that this country has had a proud history of leading and supporting cutting-edge research, and the noble Lord knows more about that than almost anyone. As we exit the EU, Her Majesty’s Government welcome agreement to continue to collaborate with our European partners on major science research and technology, so this is very much on the radar as we move into the negotiations.

A number of your Lordships, including the noble Lords, Lord Grantchester and Lord Teverson, and my noble friend Lady McIntosh of Pickering, asked about resources, particularly for my department. The committee identified the resource pressures associated with maintaining environmental legislation. The Government are absolutely aware of the implications of EU exit for, in particular, my own department’s work programmes. I can assure your Lordships that Defra’s work programmes and recruitment plans are kept continually under review to ensure that we are staffed to deal with the tasks at hand. We have set up an EU exit programme to help co-ordinate, plan and assist several key work streams and are identifying and filling vacancies on a rolling basis—it has been my privilege to work with many of the officials; their commitment has been 110%, they are working extremely hard and effectively, and I congratulate and thank them.

The committee also raised concerns about the potential risk of divergent approaches to environmental regulation across the United Kingdom. I assure the noble Lord, Lord Grantchester, and all your Lordships that it is absolutely clear that Defra must work closely with the devolved Administrations, as it is doing. We will work in partnership with the devolved Administrations as we form our negotiating strategy for exiting the EU. It will be important to ensure that no new barriers to living and doing business within our union are created. That means maintaining the necessary common standards and frameworks for our own domestic market, empowering the UK as an open, trading nation to strike the best trade deals around the world and protecting the common resources of our islands.

A number of questions were raised. Time is pressing but I wish to respond to my noble friend Lady McIntosh of Pickering, who mentioned the EIB. The Government are in the process of assessing the contribution that the EIB makes. However, we are clear that the future relations between the UK and the EIB will be a matter for the Article 50 negotiations. Again, this is very much on the radar. The actual form of a dispute resolution in future relationships with the EU will also be a matter for the negotiations as they proceed.

A number of other points were raised and I will need to reflect on a considerable number of them and get back to your Lordships. I look forward to the debate on agriculture when your Lordships’ committee brings that forward. However, we have made sure that the current levels of funding for farmers are assured until 2020. Existing environmental stewardship and countryside stewardship agreements are fully funded for their duration. Clearly, we will have a major task in bringing forward our proposals for ensuring that our farmers have a vibrant future in an enhanced environment.

I hope that this has not been an unnecessarily pessimistic debate and wish to emphasise some of the significant gains that this country has achieved in improving its environment. The water environment is in its healthiest state for 25 years, with otter, salmon, sea trout and other wildlife returned to many rivers for the first time since the Industrial Revolution. We have had successful reintroductions of species such as the large blue butterfly, the red kite and the short-haired bumble-bee. We have seen many declining species such as cirl bunting, stone curlew, chough and bittern start to recover, although clearly there is very much more to do. We have an opportunity to develop an environmental policy that is bespoke to our country. We must grasp that opportunity, whatever our opinion of what happened last June. We can unleash the full potential of this country and develop innovative and efficient policies that will enable us to continue working globally on environmental protection.

I again commend the noble Lord, Lord Teverson, and his committee on producing this report. It will continue to be of great value as we proceed in securing our objective to enhance the natural environment of our country and leave it in a better state than the one in which we found it. Working together—I emphasise “together”—let us ensure that there is a better environment for all. We should address with clear purpose the adaptation and mitigation of climate change—causes on which we can all unite.

[Baroness Sheehan]

I wish to comment on the remarks about enforcement. This is a very important area. The Minister mentioned the Clean Air Act 1956. I remind the House that that was enacted on the back of the great smog—the catastrophic pollution event in London. Going back to the 19th century, in 1858, London had the great stink, when Parliament had to be evacuated as the sewage that had been dumped in the Thames stank so much. That event led to the London sewerage system being built. My point is that we must be mindful that we have to interfere in a timely manner and we cannot, judging by the events here, wait far too long before it is necessary to act.

Brexit: Fisheries (EUC Report)

Baroness Sheehan Excerpts

Monday 16th January 2017 Grand Committee

[Baroness Sheehan (LD)]

My Lords, I speak as a member of the committee who has had the benefit of listening to and reading the words of expert practitioners and thinkers in this industry. Experts may not be the flavour of the month post-Brexit, but some of those on the leave side on the argument who gave evidence to the committee, either written or in person, are included in that term. We certainly welcomed their views. I thank my noble friend Lord Teverson for the sure touch he displayed in chairing this very complex topic, and the clerks for producing a very well-presented document, all in record time. I take my hat off to the clerks, who must be putting in a great many extra hours in fulfilling all the requirements that producing these sector-by-sector reports must place on them.

I draw attention to one aspect of this excellent report: the great importance of adhering to scientific advice if we are to avoid depleting fish stocks to unsustainable levels, to the detriment of all. MAD—mutually assured destruction—is an acronym that can be applied not only to nuclear warfare; the fishing industry has its own version to contend with. We have already heard about the mobility of commercial fish stocks, which requires states to manage them jointly or risk destruction of the stock altogether. With the stock goes the livelihood of thousands of people in coastal communities who depend directly or indirectly on the catch. The tragedy of the commons inevitably leads to overexploitation unless there is recognition that, over its lifetime, a resource is finite. To be sustainable it must be managed jointly and/or severally by all concerned, otherwise all parties risk reaching a position where nothing is left to share.

The United Kingdom’s approach to managing fisheries is largely determined by the EU’s common fisheries policy, which ensures that fishing is environmentally, economically and socially sustainable among fishers of member states. These stocks of highly mobile or migratory commercial fish species—plaice, cod, sole, haddock, herring and mackerel all fall under one of these categories—are typically managed by setting catch limits, total allowable catches, and divvying them out in quotas. This ensures that, to the best of their knowledge, fishers of all nations will not risk over- exploitation of their livelihood. Every year, based on scientific advice from the independent International Council on the Exploration of the Sea—ICES—and the EU’s Scientific, Technical and Economic Committee for Fisheries, the European Commission proposes a TAC for commercial species for each area in the EU zone. It is scientists who provide an assessment of the health and state of a given fish stock—an assessment that will become more important as climate change impacts on stocks and migratory patterns.

In disengaging from the EU, the UK will no longer be part of the common fisheries policy and in a position to reset its approach to the exploitation of its fishing waters within the EEC. The complexity of disentangling ourselves from the CFP and emerging with a fisheries policy that satisfies UK fishermen in all the devolved nations in terms of access to affordable markets, restricted access to the EEZ for EU vessels, and maintaining supply for the processing and production industries—is not to be underestimated. The Minister, George Eustice MP, indicated in his evidence that the great repeal Bill may prevent a regulatory vacuum while we negotiate our future relationship with the EU and non-EU states. However, other elements of the CFP do not lend themselves to a great repeal Bill approach. When the UK leaves the EU, it will no longer take part in Council negotiations or the annual assessing of TACs for shared stocks. The UK will also cease to be included in the quotas and mutual access agreements that the European Commission negotiates on behalf of member states with third parties. Without this framework for co-operation, stocks that are shared between the UK and the EU risk becoming overexploited. Therefore, it was reassuring to hear the Minister fully recognise the pitfalls. He has said that he will resist mismanagement of resources. It was also reassuring to hear that witnesses unequivocally agreed that fisheries management should continue to be based on scientific evidence alone, which should remain an uncrossable line.

There was also widespread agreement that the UK should continue to fund and take advice from the International Council for the Exploration of the Sea. That is an absolute must, because although the TACs are informed by science, the ultimate decision is a political one. Sometimes political considerations lead to the scientific advice being ignored. According to the New Economics Foundation, the TAC currently held by the UK was on average 17% higher than that recommended by scientific advice, and TACs negotiated by the EU and third countries such as Norway and Iceland were often higher, so the temptation is there and is not always resisted. Therefore, I, for one, applaud the recommendation in the report that the Government’s approach to fisheries management must be based on scientific advice. I hope the Minister will confirm today that that will remain the case, as the outcome of Brexit for the fishing industry must not mean a return to past scenarios such as cod and mackerel wars.