European Union (Withdrawal) Bill

Debate between Countess of Mar and Baroness Featherstone

Wednesday 7th March 2018 Lords Chamber

[The Countess of Mar]

My Lords, I support Amendment 66 and the words of my noble friend Lord Krebs. I put in a note of caution here. The noble Lord asked that we mirror European law as it stands. Hot off the press came an announcement yesterday—I thank the European Environmental Bureau for this—with the headline, “Precautionary in principle, flawed in fact: European Commission review accepts environmental groups’ criticism of chemical regulation”.

The noble Lord, Lord Gardiner of Kimble, whom I am pleased to see is in his seat, knows how I have campaigned tirelessly about Roundup and glyphosate. I cite some of the points that have been made. There was a five-year review of the REACH regulation—the manner by which chemicals are regulated in the European Union. These are usually single chemicals, not mixtures. The licensing of mixtures depends on each country individually. It says:

“However, the Commission review highlights problems with substance registration dossiers, the failure to correctly apply the crucial precautionary and burden of proof principles and specific issues with REACH processes, particularly evaluation, restriction and authorisation”.


In the case of glyphosate, Monsanto has consistently hidden research that has shown that it is carcinogenic and affects the kidneys and liver. It is only now coming out after huge freedom of information requests in the United States. The European Union has chosen to ignore all that evidence; it has not asked Monsanto for it. As a result, we are being exposed to glyphosate; something like 90% of the population has glyphosate in their urine. We do not really know what the health effects are. We do know that the effects on the environment are not good. I therefore support the amendment, but I also ask that we do not mirror the behaviour of the REACH organisation and that we tighten up our own principles and make sure that we get it right.

[Baroness Featherstone]

My Lords, I rise to speak to Amendment 108, to which I added my name. We have become used to relying on the EU to oversee our compliance with directives—including those highlighted in Amendment 108—and that what we commit to is delivered. We are tested and, if we are found wanting, there are consequences. However, as the Secondary Legislation Scrutiny Committee said in its 19th report:

“The UK’s withdrawal from the EU raises questions about the effectiveness of oversight and enforcement of these commitments in the longer term”.


As the noble Lord, Lord Krebs, said, without enforcement, what is the point of the law?

Given that in Amendment 108 we are talking about a range of pollutants, including the five main air pollutants, the ambient air quality directive—which sets legally binding limits for concentrations in outdoor air of major air pollutants that impact public health, such as particulate matter and nitrogen dioxide—and other directives, this is a really crucial issue. We know from Defra that some of the existing mechanisms that we currently rely on to scrutinise whether we are keeping up to the environmental standards to which we are signed up are not being carried across.

As has been raised by other noble Lords, the Government said when they presented the 25-year development plan, “Don’t worry, we are setting up a new body to oversee all of that”, but what will it comprise? To what standard will it be judging? What powers will it have? If the consultation on all that is yet to start, what is the timetable for it to be up and running? And where is it in the Bill? Surely we need it in the Bill. Maybe the Government will come forward with an air quality Bill, but how on earth will that get into our law in time?

This amendment makes certain that we cannot fall foul of not having thought of something or set up new arrangements in a timely manner. It means that those of us who are concerned in this regard can cease our concern. The Government must not leave us in a situation where there is any chance or ability to lessen—whether by accident, desire or timing—the environmental protections that we currently enjoy, and I hope that the Minister can give us assurance on that.

On Amendments 66, 112 and 113, I simply say that, if the Government are sincere in their stated commitment —as the noble Lord, Lord Deben, said—to uphold all the environmental commitments that we are signed up to and to uphold the spirit of the transfer of EU law into UK law, they should have absolutely no hesitation in supporting all these amendments.