Levelling-up and Regeneration Bill

Debate between Baroness Sheehan and Baroness Bennett of Manor Castle

Report stage
Monday 4th September 2023 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise very briefly to offer the strongest possible Green support for all these amendments, which really fit into the intersection of Green policies on public health, climate and poverty eradication. I will make just three brief points.

First, on solar panels on a suitable new homes and buildings, I thank the noble Baroness, Lady Hayman, for pursuing this for so long. If I look on Twitter, the question I am asked most often is, “Why do new homes not have solar panels?” It seems such a no-brainer to the public, and they cannot understand why. Of course, the answer to that goes back to 2013 when David Cameron had gone from “hug a husky” to referring to “green crap”. The plan to bring in this effective regulation was abandoned a decade ago. This means that more than 2 million British households are now paying vastly more for their energy than they need to be paying, while also emitting more carbon than they need to be emitting.

Secondly, the noble Lord, Lord Hunt, and others have been extremely powerful on the parlous state of public health and the relationship that has to housing. It is interesting that if we go back to the start of the NHS in 1948, Aneurin Bevan was Minister for both the NHS and housing. Those two things were seen as intimately interrelated. Somehow or other, we seem to have lost the plot with this. To quote some figures from the Building Research Establishment, it is estimated that poor housing costs the NHS £1.4 billion a year—money that could be saved.

Thirdly and finally, I acknowledge the comments made by the noble Lord, Lord Best, about his awakening to the issue of embodied carbon. This is something that has been largely ignored. There has been the shallow approach of “That’s a terrible building. We’ll knock it down and build something better”. I have just come from a conference in Zagreb—an international conference with a lot of European speakers. I was hearing of so many amazing projects that are happening across Europe and looking at how we can build in innovative new ways while using existing materials.

I shall quote just one example of this. If a building needs to be knocked down, how can we reuse those materials, rather than just throwing them away? In Copenhagen, there is something called Resource Rows: housing has been built largely with slabs of bricks cut from existing buildings that had to be demolished. Those slabs are cut out and put into the walls of the new buildings. They have recycled materials. The timber is coming from where they have put a new Metro extension in. The timber frames that went around the concrete pieces for the Metro then go into building housing right beside it. They have greenhouses for growing vegetables on site, made from old windows. This is the kind of innovation that is happening elsewhere because they have the regulations that demand it. We are lacking those regulations; we are lacking this guidance from the Government. Just look at what we are building now.

[Baroness Sheehan (LD)]

I refer noble Lords to my interests as laid out in the register and as a director of Peers for the Planet. In the interests of time, I will address just two amendments in this group, but that is not to detract from my strong support for the remaining amendments.

First, Amendment 282H, in the name of the noble Baroness, Lady Hayman, which has support from across your Lordships’ House and to which I have added my name, simply calls for the Government to require all new domestic, public and commercial buildings to be fitted with solar PV and will include existing public and commercial buildings, subject to appropriate exemptions and criteria. Frankly, I do not understand the Government’s opposition to this very sensible measure. I spent four consecutive years on the planning committee while I was a councillor for Kew ward in the London Borough of Richmond. My experience there taught me absolutely to recognise that progress on this issue will be vastly expedited if the decision is not left to construction companies whose sole concern, at least for the majority, is profit.

The Government’s argument is that it is happening anyway. That fails to demonstrate that they take the need for urgent action on climate change seriously. Anyway, where is the evidence that it is happening already at effective rate? Is the figure for new-build solar PV 10%, 5% or 50%? What is the Government’s policy on this? Can the Minister tell me? Who keeps account of these figures? Surely the Government’s policy must be 100% solar PV on all new buildings and, if not, why not?

Financial Services and Markets Bill

Debate between Baroness Sheehan and Baroness Bennett of Manor Castle

Committee stage
Thursday 23rd March 2023 Grand Committee

[Baroness Sheehan (LD)]

My Lords, I thank the noble Baroness, Lady Worthington, for tabling this amendment. I totally agree with its necessity, which is why I have added my name to it. If we are to meet our statutory net-zero targets, carbon offsetting will become ever more important as we decarbonise and reach those emissions that are so hard to abate and the residual emissions that the noble Baroness spoke about.

Let me say at the outset, however, that carbon offsetting is not a solution to climate change. There is only one way to avoid catastrophic climate change, and that is to stop adding to the blanket of greenhouse gases in the upper atmosphere that is already at a higher concentration than at any time since records began. Just for the record, the May peak of carbon dioxide in 2022 was a record 421 parts per million. The highest recorded over the previous 800,000 years for which we have records was just under 300 parts per million. This increase has happened in a blink of a geological eye, over just the last 150 years since the start of the Industrial Revolution. This Committee is not the time or place to go into the impact on our planet, save to say that catastrophic events are happening at a faster pace than even the most pessimistic predictions by scientists.

As we know, the biggest contributor to greenhouse gases is the burning of fossil fuels. The second biggest is deforestation. Putting an end to both these practices is well under way but is not going fast enough. I hope that more will be done through this Bill before it becomes an Act, because it deals with the money that fuels the release of those greenhouse gas emissions.

Until decarbonisation measures bite—and resistance to them is strong; we have seen that in some of the contributions to this Committee—carbon off-sets are one tool we have to mitigate the harm of climate chaos and the destruction of nature. The market demand for off-sets is exponential and the scope for fraud in the voluntary carbon market is massive. Greenwashing is rife. I will give one example: the recent chastisement of HSBC by the Advertising Standards Authority for misleading people with some of its claims to be carbon neutral. However, we need a functioning market to off-set hard-to-eliminate sources of greenhouse gases, which will leave residual emissions. It is the role of government to enable regulators to act, which is why this amendment is necessary and why I added my name to it.

Industry is also asking government to play its part. I will quote a substantial part of the recent report by Scottish Widows, Nature and Biodiversity: the Pensions Imperative, because it says it far better than I can:

“With companies potentially needing to put billions of pounds into offsets to meet their net zero commitments, the biggest barrier to date is the opacity of the voluntary carbon market. This breeds mistrust, particularly as a number of bad actors have been exposed in the past. What could really shift the dial here is the establishment of a UK regulator for carbon offsets. This could set quality standards that corporations looking to do the right thing could trust, enabling them to allocate money with confidence in these offsets having additionality and really delivering on those climate and nature goals”.


Finally, when I was a member of the Lords Select Committee on Science and Technology, we produced a report entitled Nature-Based Solutions. The committee heard evidence from a cross-section of practitioners in the carbon credits sector, from both the science and financial communities. As the noble Baroness, Lady Worthington, said, we heard from the science community how difficult it is to quantify and monetise nature-based solutions. From the financial community, we heard that it needs a regulatory framework so that everyone can work on a level playing field and so that the market is less like the wild west—which it currently is.

I will conclude by quoting a conclusion of that report:

“We recommend that the Government provides clear regulatory standards for emerging carbon markets to ensure that any off-sets that are claimed are genuine”.


However,

“these markets will only deliver the desired results if they are properly regulated and verified to prevent inaccurate claims of carbon off-setting. Carbon and nature credits must be for benefits that are additional, measurable, and permanent”.

For carbon credits to have the impact we all want, they must have good governance backed by government.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Baronesses, Lady Worthington and Lady Sheehan, and to offer Green support for this amendment, which is obviously urgently needed. I essentially agree with everything that the two noble Baronesses said, particularly the point made by the noble Baroness, Lady Sheehan, that off-sets are essentially a con that should not be used to trade off against continuing fossil fuel emissions. None the less, we are where we are and they are certainly going to happen.

The complexity is really well illustrated by a recent report by HSBC, which found that $246 billion-worth of hydroelectricity depends on water provided by threatened tropical cloud forests. We think about where the funding, support and credits should go, but to maintain that electricity supply, surely the people producing the electricity should fund that. This is also a carbon store. It is a real demonstration of the way that, as the Treasury’s own Dasgupta report illustrated, the economy is a complete subset of and entirely dependent on the environment, which we are fast trashing.

The problems with the current “wild west” system have been clearly demonstrated already. In a paper this week in the journal, Frontiers in Forests and Global Change, the Berkeley Carbon Trading Project presented a study of nearly 300 carbon off-set projects, representing nearly 11% of global carbon off-set projects to date. It found that the projects were systematically overcrediting their results and delivering extremely dubious carbon off-sets. Apparently respected registries did not follow standards to make sure that projects were having a real and tangible impact on carbon levels. A particular area of difficulty was whether the projects would have happened anyway, whether or not the extra carbon credit was claimed.

I will make one final point. The noble Baroness, Lady Worthington, sought ways in which the Government might see this as an advantage. In this wild west, there is a need for extensive due diligence for any financial body to be able to claim that it has genuine, honest carbon credits that will deliver over the long term—because the climate emergency is of course a long-term project and not just for one year or five years. There is a significant cost for any company going into this and wishing to protect its reputation. If it is a regulated sector, that will make it a great deal easier for people to do due diligence and to rely on it, and not to have to do the work themselves at considerable cost, facing considerable complexity and carrying considerable risk.

The need for this amendment is obvious. The problems with off-setting both carbon and biodiversity are very clear. We should not be where we are, but we are where we are, and the amendment offers one way forward that would be good for the financial sector as well as for the planet.

Financial Services and Markets Bill

Debate between Baroness Sheehan and Baroness Bennett of Manor Castle

Committee stage
Monday 13th March 2023 Grand Committee

[Baroness Sheehan (LD)]

My Lords, I support my noble friend Lord Sharkey’s amendment. I should declare that, as a Muslim woman, I have a number of relatives who will be, and are being, affected by this. Not every Muslim feels unable to take out student loans as they are currently structured but there is a significant minority. It is usually women affected because they always come at the bottom of the list of who will be financed without a loan through private means. I urge the Minister, particularly given all the conversations we had last week about International Women’s Day, to consider this.

I will not detain the Committee long; my noble friend Lord Sharkey gave us chapter and verse on the Government’s position and prevarication on this issue, which, we are told, they have been able and willing to support for over a decade now. The Higher Education and Research Act 2017 allows the Government to introduce a student finance product consistent with Muslim beliefs regarding interest-bearing loans. However, as my noble friend said, the Government have yet to launch such a product. In February last year, as part of the conclusion of their review of post-18 education and funding, the Government said that they were still considering whether and how to deliver sharia-compliant alternative student finance and whether they would do so as part of the lifelong loan entitlement.

We have a situation where, not only are 18 and 19 year- old Muslims—predominantly girls—unable to access higher education but it now looks as though, with the LLE, they will not be able to access post-18 further education either. That will curtail their life chances, their ability to contribute to the life of this country and the financial contribution that they make to their families.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Sheehan, who has highlighted the gender aspects of this debate, and the noble Lord, Lord Sharkey, who has been a consistent champion on this issue in your Lordships’ House. I wish to make a couple of comments additional to what has already been said, while offering support for this amendment to push the Government to take action.

It was Green Party conference at the weekend, and I found myself discussing again and again how the public, who once thought that when the Government announced something that meant it would happen, are increasingly aware of the legislative process, and even the role of your Lordships’ House, because it is taking so long between government announcements and something actually happening. That is true of the announcement of a bottle deposit scheme for England, but there has been an even longer stretch between the promise of sharia-compliant finance, particularly for student loans, and the delivery.

The last figures that I saw showed that 9% of higher education students in the UK were Muslim. Extending loans for lifelong learning into further education makes it very likely that the percentage of students affected by the lack of sharia-compliant loans will increase. It is not as though the Government have not been reminded of this again and again. I note, again, that it was in July 2021, during the passage of what became the Skills and Post-16 Education Act, that we debated this. We were promised, “Yes, it’s going to happen; it’ll come”, but, yet again, we have just had a report from the Government which shows that there has been no progress. That is simply not good enough.

We often debate in your Lordships’ House how to get trust in government and the system. One way is to deliver on your promises in a reasonable and timely manner, particularly the things that really should not be that difficult, of which sharia-compliant loans is a case in point.

Financial Services and Markets Bill

Debate between Baroness Sheehan and Baroness Bennett of Manor Castle

Committee stage
Monday 30th January 2023 Grand Committee

[Baroness Sheehan (LD)]

I thank your Lordships. In my noble friend’s absence, I will speak briefly in support of the amendments to which she has added her name.

I turn first to Amendment 69, which should not have been necessary if the Government truly understood how intertwined the twin threats of climate change and nature loss are. They are two sides of the same coin. Climate change is destroying nature and the destruction of the natural world is accelerating climate change; it is us humans who have set this downward spiral in motion, and it is us who can put a stop to it. My Amendment 69 would add nature to the new regulatory principle on net-zero emissions; I tabled it purely for the sake of completeness and to make the point that the Government have, at best, been careless in leaving out nature from the single line that they have devoted to this issue in the entire Bill. I quote from the Explanatory Notes:

“This clause embeds the UK’s net zero target into the regulatory principles for the PRA and the FCA.”


It patently does not do that. My tabling this amendment in no way takes away my support for the series of amendments in this group tabled by the noble Baroness, Lady Hayman, which is a far more satisfactory way of embedding the net-zero target and nature loss into the Bill. She has already introduced her amendments in such comprehensive style that I have little left to say on them.

In any case, let me turn to those amendments in the names of the noble Baroness, Lady Hayman, my noble friend Lady Northover and the noble Lords, Lord Vaux of Harrowden and Lord Randall of Uxbridge. I strongly support their Amendment 44, as well as the consequential Amendments 53, 56, 62 and 68. That is because Amendment 44 would introduce a climate and nature secondary objective for the FCA, alongside the competitiveness and growth objective. That has to be the correct place for this objective. It must be clear that it is an overarching objective for the two most important regulators in the financial space.

Government is as government does. Failure to put in place firm rules on the drivers of the economy, the institutions of the financial services and markets sector, would be irresponsible on the part of the Government. The reason why this is important is because there will inevitably be difficult decisions ahead, where the fork in the road points one way to a short-term gain but with negative effects on the environment while the other fork points to a safer, greener investment that will mature later but will be beneficial to future generations. Decisions must be made to favour the greener, more sustainable path. There must be no incentive to take the quick buck to the detriment of the carbon budget or nature.

Amendment 65 in the name of the noble Lord, Lord Tunnicliffe, is not in this group and will appear later. However, it is interesting because it probes such a dilemma, albeit from the point of view of potential conflict between primary and secondary objectives. I look forward to the debate on that amendment.

Where in the Bill are the safeguards for future generations, the respect for nature and the recognition and acceptance of the findings of the seminal Dasgupta review? Nowhere. It unleashes the power of money to do its worst and seek short-term profit. I say to the Minister, for whom I have a great deal of respect, that a reference to the medium and long term does not cut it without clear direction to the financial sector that green growth and international competitiveness in long-term, net-zero and nature-compatible investment is where sound investment decisions must be directed.

In the US, the IRA—the Inflation Reduction Act—is showing the power of government to unleash private investment into this century’s big growth opportunities. All that UK investors need is a regulatory nod from the Government, then they will take money to where it can deliver good green growth. Growth is the holy grail and future growth will be green; of that, there is no doubt. We will let UK Ltd down big time if we do not put in place policy and regulatory levers to deliver the confidence that business needs to move forward.

In the blink of an eye, the US has transformed international investor confidence in renewable energies. The EU will follow suit. Where are we in giving the clear direction that business is calling for? Chris Skidmore’s review and the report from the Industry and Regulators Committee by the noble Lord, Lord Hollick, made it clear that there is a large quantity of money waiting for a clear signal from the Government to invest in the UK. In the words of the Minister at Second Reading,

“this Bill is a landmark piece of legislation—the most ambitious reform of our financial services regulatory framework in over 20 years.”—[Official Report, 10/1/23; col. 1331.]

Our Government cannot let this historic opportunity pass by without adding those words to a third secondary objective: climate change and nature.

I have added my name to Amendment 208 in the name of the noble Lord, Lord Tunnicliffe, for the simple reason that the Government have stated their ambition for the UK to become the world’s first net-zero financial sector yet we are still waiting for an updated green finance strategy. For the regulators to be able to do their job on net-zero and nature targets, we must have sustainable disclosure requirements and a green taxonomy.

Finally, I support the amendment in the name of my noble friend Lady Northover, which seeks to place a requirement on the PRA and the FCA to report on the ways in which they have promoted and incentivised green finance and green investment. It would be very useful if that information were placed in Parliament.

To conclude, we do not have the luxury of waiting another 20 years for the next financial services Bill. This is the Bill that will decide whether the transformative change that we need in our big investment decisions gets the nod from the Government. The answer has to be yes.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise to speak to Amendment 69A in my name and briefly express my support for all the other amendments in this group. They have been very ably and clearly introduced.

I had something of a flashback to the Pension Schemes Bill, which was the first time I spoke in this Room. I believe that that was the first time that climate had ever appeared in any finance Bill. The noble Baroness, Lady Sherlock, did a great job of supporting me through that: I had no idea when to speak so she gave me a nudge with her elbow. That was three years ago. We have now got to the point where we are trying to get nature to join climate, which is so obviously necessary.

As you might expect from a Green, my Amendment 69A goes further. I do not know whether the Minister can respond to this but the fact is that the economy and financial system are complete subsets of the environment. There is no financial system on a dead planet, to amend a phrase. All the amendments on climate and nature are clearly essential but we know that they do not fully cover the way in which we are breaking the limits of this planet.

Electricity: Decarbonisation

Debate between Baroness Sheehan and Baroness Bennett of Manor Castle

Wednesday 21st December 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, given that it is Christmas, I—

[Baroness Sheehan (LD)]

My Lords, on Monday in Grand Committee, on day 5 of the Energy Bill, the Minister said, in defence of the Government’s stonewalling of support for community energy, that these schemes rely on people subsidising uncompetitive forms of energy. That is rich, coming from a Government who, for example, have made communities pay more for their energy as a consequence of their seven-year ban on onshore wind, and are presiding over bizarre Ofgem connection policies that leave ready-to-go renewable installations unconnected for long periods.

Subsidy Control Bill

Debate between Baroness Sheehan and Baroness Bennett of Manor Castle

Lords Hansard - Part 1 & Report stage
Tuesday 22nd March 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise with great pleasure to follow the noble Lord, Lord Whitty, who has powerfully and clearly introduced this group of amendments. I will offer the Green group’s support for Amendments 3, 51 and 61. Were we not in a state of continual juggling of different Bills, I am sure that we would have attached one of our names to them.

Amendment 3, on which the noble Lord indicated he is likely to test the opinion of the House, is particularly important in considering the negative effects. I am influenced in that view by a visit I made yesterday to a village called North Ferriby and a site threatened with the development of an enormous Amazon warehouse, with significant environmental effects. From those environmental effects flow effects to people’s lives and well-being. It is the absolute reverse of levelling up in that it is making people’s lives much worse. It is clear that, when talking about economic development, there is inadequate consideration of local environmental effects and the broader effects on the state of our world.

However, I rise chiefly to speak to Amendment 5 in my name. Rather than trying to stop damage, this amendment is trying to lead the Government in a positive direction, which could help them deal with some of the issues facing them today and will be tackled by the Chancellor tomorrow.

Amendment 5 is all about helping small-scale community energy projects to make a big impact in the energy system. In Committee, the Minister suggested that community energy is not within the scope of the Bill, but I hope we might see a broader response today, and at least a positive response and acknowledgement from the Minister that this is a huge lacuna in government policy that desperately needs to be filled.

This amendment adds community energy to the list of circumstances that may be used to determine a subsidy, where the generator is a community energy project. What we see is that the rural community energy fund is soon winding down, despite its success. The Minister and I have, in another context, discussed the lack of any other community energy schemes, despite the Government’s promises to deliver them.

You might ask, “Why would subsidies be needed?” The fact is that community schemes often need early-stage seed funding to get them to the stage where they can seek investment. Without that, many communities, desperately keen to set up their own scheme, are never able to get one off the ground. What we are talking about is perhaps something like an electric car club, where a community can generate its own energy. I saw this in Stroud a few years ago: solar panels on the roof of a doctor’s surgery powered an electric car club car. This had all been supported by community investment and was run by the community, with the nature of the project being chosen by the community.

It is clear that this can unlock more than £64 million in private capital investment. It is an incredible opportunity for public money to kick-start a community-led green revolution. Importantly, thinking about the levelling-up agenda, this means that communities with money can put it into their local community and get the money circulating around that community. This is a cost-effective way of unleashing the possibility of many new green jobs.

I am not expecting the amendment to pass today, but there is a huge opportunity here. The crisis the Government are facing is clear: the cost of living crisis and concern, particularly in the context of the tragic situation in Ukraine, about energy self-sufficiency. But there is energy all around us: energy from the sun, the wind and people within communities desperate to help tackle the climate crisis and meet the needs of their own communities. Let us make sure that we have a subsidy scheme that can support all that physical and human energy and put it to good purposes to improve the lives of us all and our environment.

[Baroness Sheehan (LD)]

My Lords, I rise to speak to Amendments 3, 51 and 61, to which I have added my name. I have checked with the Public Bill Office that my name is on those amendments—it is online but it has not made it to the printed copy. I should also add that I am a director of Peers for the Planet.

The reason I have added my name to these amendments is that I feel strongly about this. I hope that the noble Lord, Lord Whitty, will be press Amendment 3 to a Division if the Minister is unable to meet us half way or come some way towards what we are looking for, which is some recognition of an alignment with our climate change and natural environment concerns.

Just last month the IPCC published its sixth report, which is full of dire warnings about the climate. Time is running out and we are fast approaching a 1.5-degree rise. The raw science tells us that we really have to act now. The concentration of carbon dioxide in the atmosphere is at an unprecedented 419 parts per million; it has never been at that level, records show, in the last 800,000 years. It is going up in a straight-line vertical trajectory at the moment, so we really need to act as quickly as we can. The NASA website shows that many other of the planet’s vital signs are moving in the wrong direction and those adverse changes are accelerating.

A Bill laying out a new subsidy regime is an important policy lever to meet our climate ambitions. However, as things stand, there is a deafening silence on climate and nature alignment in the Bill. Amendments 3, 51 and 61 seek to fill that void, not in a prescriptive manner but by allowing the Government to determine how the aims should be achieved. Notwithstanding what the Minister’s response will be to the amendments, I hope that nevertheless he will confirm from the Dispatch Box that the guidance to the Bill will specifically include how public authorities should approach climate and wider environmental considerations with respect to subsidies. The Minister said as much in his letter to my noble friend Lord Purvis but it would be good to have it reiterated on this occasion.

Financial Services Bill

Debate between Baroness Sheehan and Baroness Bennett of Manor Castle

Committee stage
Monday 1st March 2021 Grand Committee

[Baroness Sheehan (LD) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie of Downpatrick. I found myself nodding at her every point. I pay wholesome tribute to my noble friend Lord Oates for the manner in which he introduced this series of amendments and the comprehensive nature of his speech. These amendments get to the nub of the issue.

In 1989, I left a comfortable job in advertising and went back to university, to bolster my chemistry degree and get a better understanding of the scientific evidence and facts behind the litany of dreadful things that seemed to be happening to the planet. The main issues of concern in those days were acid rain, the ozone hole, species loss and radiation in the environment, especially following the Chernobyl disaster in 1986. Another issue causing grave concern was what was then referred to as global warming. I wanted the facts. Specifically, I wanted to know to what extent climate change was anthropogenic.

When I left Imperial, I was in no doubt that the warming planet was due to the accumulation in the upper atmosphere of greenhouse gases, caused by the burning of fossil fuels since the start of the industrial age. The science was incontrovertible then, 30 years ago, and the ball was firmly in the political court. Over three decades later, to my utter frustration, when push comes to shove—and actions not words are needed—the political will appears lacking. I therefore welcome these amendments, especially Amendments 31 and 32, for their clarity of purpose.

I will say a few words about Amendment 28 in the names of my noble friends Lord Oates and Lady Kramer, and the noble Baroness, Lady Bennett of Manor Castle, the purpose of which is to place a requirement on the PRA, when setting the capital adequacy requirements of a credit institution, to have regard to its exposure to climate-related financial risk. It invokes the Task Force on Climate-Related Financial Disclosure and our domestic commitments through the Climate Change Act 2008, as amended in 2019. In my view, the amendment is pretty uncontroversial if you think that we are facing a climate emergency and I hope that the Minister will sympathise with its aims.

In Committee last Wednesday, the noble Lord, Lord Sharpe of Epsom, took me to task when I welcomed Amendment 48’s aim to bring forward the TCFD’s implementation by two years. He rightly said that the methodology to quantify the metrics was complicated and not yet in place. However, a huge amount of work is being done on the issue by UN agencies, EU agencies and the OECD, to name but a few.

I am heartened by the way that we met the challenge of developing and deploying not one but myriad vaccines in the space of a year. It is not much short of a miracle. That was made possible by global collaboration and working at speed, putting aside some artificial barriers to manufacturing by paying upfront to cover the risk of failure. In short, huge challenges were overcome because we faced a global crisis of mammoth proportions. Of course, the issue of scaling up manufacturing capacity to meet global demand remains, not least in developing countries, but that is now an issue of political will. With climate change, we are dealing with a global emergency that has the potential to dwarf the pandemic, so I say to the noble Lord, Lord Sharpe of Epsom, that necessity is the mother of invention. We can do this if there is a will.

I welcome the intentions of Amendment 136A, but it is a little broad and detracts from the central theme of tackling the climate crisis. ESGs are now pretty well established and cover a range of factors that move companies in the right direction, which is to be welcomed. But it is a slow process—it is not compulsory—and they do not explicitly signal climate-related financial risk, which I would like to see.

In conclusion I will say a few words about Amendments 31 and 32. The question to which I would like an answer is: who will pay the cost to society of climate change? The answer is that we as society will pay these costs. But such social costs are not built into the price of oil, gas, coal, gas fires, electricity, natural gas heating, petrol or diesel. As a result, the corporations most responsible do not pay directly for their pollution. That also leaves few incentives to limit greenhouse gas emissions, so problems such as climate change go unabated. I support these amendments as they not only are a shorthand way of building the massive social cost of carbon into investment decisions but also recognise climate-related investment risk.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Sheehan, who has made powerful points. A little more than a year ago, we faced the Covid emergency and the Government moved very fast with multiple rules and regulations. The world has moved very fast and science has moved very fast. That is a demonstration of how fast the world can change in an emergency—and we are all in agreement that we are in a climate emergency.

Given that I agree with many of the comments already made on this group of amendments, I aim not to repeat them all but perhaps to take us a little bit forward. To briefly outline, I am speaking on Amendments 28 and 42 in the names of the noble Lord, Lord Oates, and the noble Baroness, Lady Kramer, as well as my name. I also express my support for the principles and direction of Amendments 31 and 32 in the name of the noble Lord, Lord Oates. In his expansive and effective introduction, the noble Lord presented a strong case for the detail contained in these amendments.

With Amendment 136A, the noble Lord, Lord Holmes of Richmond, is heading in the direction of an amendment of mine discussed last week. I spoke about introducing acknowledgment of our international obligations on biodiversity. This amendment heads in the direction of thinking in terms of the sustainable development goals, and that kind of system thinking is very much what we need. It goes a lot further than simply looking at the climate emergency. I would like to see us go further than where we are at. The full SDGs are a big step that we need to take at some point very soon.

The noble Lord, Lord Sharpe of Epsom, noted that there are other uses for fossil fuels than energy generation or transport. Many of those uses are, of course, the production of plastics, which are creating a whole different set of crises in our plastic-choked world: a pollution crisis and a crisis in the impact on animal life and quite possibly on human health.

It is pretty clear that we are already in a carbon bubble. We know from an organisation as radical as the International Energy Agency that we have to leave at least three-quarters of our known fossil fuel reserves in the ground to avoid catastrophic runaway climate change. Yet we still see money being lent, sometimes by the UK Government—the chair of COP 26—to develop and even explore new reserves. This clearly is not the way forward.

To build on what others have said, rather than simply repeat it, I refer noble Lords to an article by Semieniuk et al in volume 12, issue 1 of the journal WIREs Climate Change, published in January/February 2021, entitled “Low-carbon Transition Risks for Finance”. In the conclusion of that article, the authors say:

“Asset stranding combines with other transition costs, notably unemployment, losses in profits, and reductions in real incomes from price changes that generate significant risks for portfolio losses and debt default. Financial actors might become unable to service their own debt and obligations, creating loss propagation within the financial network. The adverse impacts of credit tightening and lack of confidence as well as the direct impact of transition costs to the macroeconomy, could lead to a general economic crisis with further risks for finance.”


They continue:

“Targeted financial policies, however, can dampen some transition risks by direct regulation of the financial sector.”


This element of the conclusion relates in some ways very closely to the debate we will be having tomorrow on the National Security and Investment Bill, but it is worth noting that, with a different cause at its base, it could be taken as a pretty fair description of what happened in the 2007-08 global financial crash.

I referred to that article, at least initially, not primarily for its conclusion but for the detailed calculations and models in its body. I suspect that one answer that we might hear from the Minister in responding to this group is that something needs to be done, but not quite yet—the Augustinian approach mentioned by the noble Baroness, Lady Hayman, in our debates last week. However, the article demonstrates that thorough work has been done and is available to the department to act now. As the noble Lord, Lord Oates, and the noble Baronesses, Lady Hayman and Lady Sheehan, all referenced, we are in a state of extreme urgency—a climate emergency.

However, the noble Baroness, Lady Noakes, gave me a further reason to draw on that conclusion. She said that she relies on the banks in calculating and pricing risk. She said, “Banks do not lend in situations where default is likely.” Well, we all know how that worked out in 2007 and 2008. The noble Baroness also said, “Carbon debt financing could be driven out of the City of London.” If we look at the costs we bore from risky lending and risky actions by the financial sector in 2007 and 2008, we see that that could indeed be a very good thing for our financial security. I do not believe that we would see a direct migration of financing shifting out of the City of London and going to other places. If the British Government were to take this action and become world-leading, as they so often tell us they want to be, that would have an impact on other financial markets around the world. Other people would say, “Well, if London is doing that, perhaps we should have a look at it, too.”

Let us look at the best possible outcome: we entirely prevent a carbon bubble financial crash. One problem, of course, is that you do not get credit for stopping things that never happened, but perhaps we would know that we had done the right thing. Even if we managed only to significantly reduce the size of that carbon bubble crash, we would indeed be world-leading. We are ready to take action: this is an emergency and so we have to take action. I commend these amendments to the Committee.

Trade Bill

Debate between Baroness Sheehan and Baroness Bennett of Manor Castle

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 1st October 2020 Grand Committee

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I begin by addressing Amendment 13 in the name of the noble Lord, Lord Bassam of Brighton—ably introduced by him—to which I was pleased to attach my name. Looking at this, I cannot but think of the many wearying social media debates I engaged in about how our membership of the European Union did not stop the bringing of disastrously outsourced public services back into public hands. But that is now all history. I think all sides of the House can agree about what won the 2016 referendum. The result was a clear direction from the public on this, if not much else: take back control. That must surely apply, as a matter of priority, to public services. I look back to the 2012 Olympics, an age ago now, but it is hard to forget the G4S security fiasco, when the Army had to step in. That is what has now happened with our railways: the control that the public has long been asking for. I recall that, even in 2015, a majority of Conservative voters wanted to see our railways run for public good, not private profit. It is what should happen with the disastrously underperforming, privatised, national Covid test and trace system. The private sector can always walk away. It makes a mess and leaves the public sector to pick up the pieces. The service users suffer, the providers are loaded with debt, the public pay more and a few walk away with the profits, usually stashed in a handy tax haven.

Given the rigid ideology of the Government, I will not even ask the Minister to agree with me, but I will ask him to agree with the idea of democracy, of keeping options open, including the option to take back control of public services. It is a legal principle that one Parliament cannot bind future ones, but locking us into trade deals where a country has given its word does, presumably, have that effect under the rule of law. The amendment does not force the Government to do anything, despite the obvious public good of bringing public services back into public hands. It does prevent the closing down of democratic decision making: it keeps control. I invite the Minister to tell me why keeping our options open is a bad idea and to support Amendment 13.

The noble Baroness, Lady Thornton, has ably laid out the detail of Amendment 51, to which I was pleased to attach my name alongside those of the noble Lords, Lord Patel and Lord Fox. There is little doubt that, of all the elements of the Trade Bill, protection of the NHS has attracted the greatest attention. As many Peers have already reflected in the Committee, this is a reminder that trade Bills are of far greater public interest and concern now than they were when this House and the other place last considered them. It is a powerful path for the argument for new systems of oversight equal to those our MEPs enjoyed and the US Congress regularly utilises.

I recall taking part in a march in 2014 with the group called 999 Call for the NHS. It started in Jarrow, following in famous footsteps, although I only walked the Luton to Bedford leg. We stopped for a comfort break at an establishment along the route. A young man behind the bar asked: “Why are we suddenly so busy?” We told him: “We are marching against the privatisation of the NHS.” He said: “What? It still says NHS above the door of my doctor’s surgery.”

Of course we know that that is not true: there is significant privatisation already. To cite just one statistic, 13% of in-patient mental healthcare beds in England are privately run. In Manchester, patients have a 50:50 chance of being admitted to a privately owned hospital and a one in four chance of the bed being provided by an American-owned company. We have lost control in significant areas of the NHS. This amendment makes sure that we can take it back and not lose further control.

Finally, I will refer briefly to Amendment 75. We have yet to hear from the noble Baroness, Lady Sheehan, and I look forward to her explanation, but my eye notes with approval the amendment’s provision against the use of investor-state dispute settlement procedures—another great threat to public democratic control and decision-making and something that the Green Party has long campaigned against. Protection of access to generic affordable drugs and preventing excess windfall profits for pharmaceutical companies: I cannot see anything not to like in this amendment.

[Baroness Sheehan (LD) [V]]

My Lords, I will speak to Amendment 75 in my name. Intellectual property rights, if governed badly, can result in monopolies and unethical practices, particularly when it comes to pharmaceutical companies and medicines. In recent years, these practices have become more commonplace. Indeed, the NHS’s spiralling drugs bill led even the Health Secretary, Matt Hancock, to recognise that pharmaceutical companies are trying to, in his words, “rip off taxpayers”, and that big business must be more socially responsible. Something must be terribly wrong. In an interview in the Times, he condemns profiteering on products that rely on government-funded research and NHS patient data.

In the UK, high prices have put pressure on national health budgets and led to the rationing of treatments—for example, on breakthrough medicines for hepatitis C and cancer. There are also significant delays for cystic fibrosis patients to get access to the drug Orkambi given the unaffordable price that the pharmaceutical company Vertex was demanding. It took years of stalled negotiations between NICE and Vertex and the threat of a compulsory licence to push Vertex to lower the price. In the meantime, 200 people died. The breast cancer drug trastuzumab—I hope I said that correctly—is unavailable to the vast majority of women across the developing world because Roche holds multiple patents on the drug in South Africa, blocking biosimilars from being sold in the country until 2033. This is despite the fact that trastuzumab is included in the WHO’s essential medicines list.

These and other examples of unethical pricing regimes by pharmaceutical companies prompted me to put forward my Amendment 75. It aims to ensure that a Government’s right to use internationally agreed safeguards—such as they are in medicines—to protect public health, with a particular focus on securing access to less costly generic medicines, is not undermined or restricted by international trade agreements to which we are a party.

The amendment is rooted in the UN’s International Covenant on Economic, Social and Cultural Rights 1966, which is a binding international human rights treaty that we in the UK ratified in 1976. The ICESCR ensures the enjoyment of economic, social and cultural rights, including—and this is the part that is pertinent to the amendment—the right to the highest attainable standard of health. What Government would not aspire to the best available healthcare for their citizens? But whether they would want that or not is immaterial; if they are a party to the ICESCR then this is a statutory duty that they owe their citizens. That is the point of the amendment. It puts on the face of the Bill something that is not just nice to have but that the Government are already committed to and should be proud of: to proclaim their commitment to the highest standard of health for all their citizens.