Carbon Budget Delivery Plan: High Court Ruling

Debate between Baroness Sheehan and Lord Benyon

Wednesday 8th May 2024 Lords Chamber

[Lord Benyon (Con)]

I am not aware of those sites, but it is predicted that, even if all those licences are taken up, there will be a continuing reduction of 7% a year in oil and gas requirements for this country. That is one of the fastest reductions in fossil fuel requirements of any industrialised country.

[Baroness Sheehan (LD)]

My Lords, how will the High Court’s ruling that the carbon budget delivery plan is fatally flawed impact the UK’s next nationally determined contributions, due early next year?

[Lord Benyon (Con)]

The judgment did not actually criticise the measures. The plan has more than 300 measures and proposals for the Government to deliver. It was a process failure, if you like, to make sure that the Secretary of State had all the information at his fingertips in order to make that plan compliant. We will make sure that it is compliant. But the noble Baroness should have confidence that this Government are absolutely determined to deliver on this. The Liberal Democrats were part of a Government who saw some reductions that have halved the carbon emissions in this country. Are they losing their touch? They usually take credit for everything, but all they do at the moment is criticise.

Forest Risk Commodity Regulations

Debate between Baroness Sheehan and Lord Benyon

Tuesday 12th March 2024 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, in my capacity as chair of the Environment and Climate Change Committee, I wrote to the Secretary of State for Defra, Steve Barclay, on this issue on 14 February. As yet, I have not had a reply and nor has the chair of the Environmental Audit Committee in the other place, who wrote to him earlier than I did. Will the Minister use his good offices to ask when a reply might be forthcoming?

[Lord Benyon (Con)]

I am not clear what the letter was about—whether it was about Drax or the forest risk commodities. Whatever it is, I will chase it and make sure that the noble Baroness gets her answer.

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

Debate between Baroness Sheehan and Lord Benyon

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.

Air Quality Strategy Consultation

Debate between Baroness Sheehan and Lord Benyon

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.