Deidre Brock debates involving the Department for Environment, Food and Rural Affairs during the 2019-2024 Parliament

Oral Answers to Questions

Deidre Brock Excerpts
Thursday 27th January 2022

(2 years, 10 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the SNP spokesperson.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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The Scottish Government—rather sensibly, I think—are awaiting the outcome of the EU review of genome-edited and genetically modified organism products, but the UK Government are pushing rapidly to introduce the production of genetically engineered crops and foodstuffs in England. Through the back-door route in the United Kingdom Internal Market Act 2020, they will enter the rest of the UK even if devolved Governments continue to prohibit them. Will any GE or GMO foods introduced in England be labelled as such so that consumers throughout the UK can make informed decisions about the food that they put in their mouth?

Victoria Prentis Portrait Victoria Prentis
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As I said, we are undertaking a comprehensive review of labelling; one issue that will be considered is whether a product is produced by GE, which probably will not happen for several years. The hon. Lady will know, although she opposes it, that we have made steps towards bringing in some GE pilots, which I think are going well. I look forward to working with hon. Members across the House on how to label such substances in future.

Animal Welfare (Sentience) Bill [Lords]

Deidre Brock Excerpts
Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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Animal welfare is a devolved issue and the scope of the Bill is largely England-only. With that established, the Scottish National party broadly welcomes the legislation and is pleased that the UK Government are following our lead in this area. The Scottish Government pledged to maintain high animal welfare standards after we left the EU and, in June 2020, established the Scottish Animal Welfare Commission, which is an independent body of leading animal welfare experts responsible for developing expert recommendations on issues relating to animal welfare and sentience. The Bill seeks to replicate its evidence-based policymaking success and expert-driven approach.

The SNP and the Scottish Government take animal welfare extremely seriously. Our party has been vocal in addressing concerns at UK level, and the Scottish Government’s programme for government committed to taking steps to strengthen animal welfare legislation. Each financial year, the commission must prepare a work plan setting out how it intends to perform its functions. It then produces an annual report, laid before the Scottish Parliament, detailing how it has delivered against the work plan. It has the power to establish committees and sub-committees, and the first meeting of the sentience sub-committee took place in November 2021. That group has the function of reviewing sentience-related issues, filtering and prioritising the commission’s programme of work.

The establishment of the commission offered an opportunity post Brexit to replicate article 13. Given that since January 2021, for the first time in more than two decades, there has been no legal requirement for the welfare of animals as sentient beings to be considered in the UK Government’s policy process, it really is about time this place implemented its replacement.

Concerns have been raised about the membership of England’s Animal Sentience Committee, as well as its resources, structure and operation. The Bill has not been updated to address any of those concerns and is essentially the same as when it was introduced, which I note created quite a stooshie in the other place. In my view, membership regulations ought to be considered for the Bill, as should the structures in which they may operate. As an example of where issues could occur, will foxes be considered as sentient beings and will they be granted such protections by the committee, or will that be another cultural flashpoint?

We recommend that the committee avoids being too prescriptive—I know that is the Minister’s view—but rather follows the lead of the evidence-led SAWC. The commission reports welfare policies and recommendations to Scottish Ministers, and just as it has a statutory duty to publish any such advice, the Animal Sentience Committee must also publish its reporting. The Scottish Government have often acted upon the recommendations of the commission. Sensible and pragmatic solutions to policy issues such as beaver reintroduction and management of deer have been taken forward on the basis of the commission’s advice. The commission has also strongly welcomed and worked on the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 and the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021.

Let me give an example of what England’s new Animal Sentience Committee might examine. Following concerns raised by a number of animal welfare groups, the Scottish Government announced a review of the trade and importation of exotic pets, and of potential threats to animal health and welfare, human health, and native species in Scotland. An interim report was published last year by the Scottish Animal Welfare Commission outlining concerns about the welfare of exotic pets, including their sourcing, breeding, transport and keeping. I understand that the Minister of State is keeping tabs on that work. We will of course be happy if the UK Government make use of the final report when it is published and carry out their own investigations. The Scottish National party also welcomes the Bill’s recognition of cephalopods and decapod crustaceans as sentient.

Although the Bill largely applies only to England, there are areas of it that the SNP believes must be strengthened, notably in respect of animal cosmetics and scientific procedures, which are matters reserved to the UK Government. There has been some mention of European Union regulations today. In September last year, the European Parliament voted for an EU-wide action plan with clear objectives as well as, crucially, timelines for the phasing out of the use of animals in research, regulatory testing and education. It envisages that happening through the reduction, refining and replacement of procedures on live animals for scientific purposes, as soon as it is scientifically possible and with no lowering of the level of protection for human health and the environment. In fact, the EU has leapt in front of the UK on animal welfare standards. We call on the UK Government to reclaim the leadership on this issue that they have shown in the past.

The Bill legislates to enshrine the ability of animals to experience joy and feel suffering and pain, but unfortunately the UK Government do not seek to recognise that animals undergoing scientific experiments or Ministry of Defence tests have rights to sentience; they are excluded from protections. A written question from the hon. Member for Lancaster and Fleetwood (Cat Smith) revealed that the Ministry of Defence has carried out nearly 59,000 experimental procedures on animals since 2009. The SNP therefore calls for greater transparency in the animal research industry, and for a commitment in the Bill on the sentience of animals and their welfare rights in relation to the outdated methods used in animal testing and military experiments.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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My hon. Friend has made a good point about experimentation on animals by the MOD. Does she share my concern about the fact that it includes primates? As recently as 2018, 56 marmosets were subject to such experimentation.

Deidre Brock Portrait Deidre Brock
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I very much share my hon. Friend’s concern, and I will say more about that later. I genuinely believe that the general public are not aware of the extent and nature of these experiments, or of which animals are used in them. If amendments to the Bill are tabled and accepted in Committee, that may help the public to appreciate what is going on, and may help to reduce reliance on such experiments.

Every two minutes in the UK, a dog, cat, rabbit, rat, monkey, goat, sheep, mouse, or fish suffers from brutal animal testing conducted on it against its sentience and welfare rights, but a survey conducted in 2020 by the UK charity FRAME—the Fund for the Replacement of Animals in Medical Experiments—found that 84% of respondents would not buy a cosmetics product if they knew that it, or one of its ingredients, had been tested on animals. Animals in laboratories can legally be poisoned with toxic chemicals, shot, irradiated, gassed, blown up, drowned, stabbed, burned, starved, or restrained to the point at which they develop ulcers or heart failure. They can have their bones broken or their limbs amputated. They can be subject to inescapable electric shocks, driven to depression, deprived of sleep to the point of brain damage, or infected with diseases.

A YouGov poll commissioned by Cruelty Free International shows that people in Scotland and Wales believe that more should be done to prioritise humane and human-relevant science. The findings reveal that seven out of 10 adults living in Scotland and Wales find it unacceptable to use animals for experiments when alternative non-animal research methods are available. In addition, more than three quarters of adults living in Scotland and Wales believe that alternatives to animal tests should be a funding priority in the UK for science and innovation, and a majority in Scotland and Wales want deadlines for phasing out animal tests. I look forward to further discussions on that as the Bill goes through its stages.

When Scottish and Welsh residents were asked about use of specific species in research, they consistently said that it was unacceptable to test on dogs, cats and monkeys, yet despite those public concerns, the UK remains one of the top users in Europe of primates and dogs in experiments. The more we understand animals’ sentience, capabilities and emotions, the more the idea of granting rights to animals is worth taking seriously, urgently. The Scottish National party supports the Bill but urges the Government to address those ongoing issues.

Oral Answers to Questions

Deidre Brock Excerpts
Thursday 9th December 2021

(2 years, 11 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the SNP spokesperson, Deirdre Brock.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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I welcome the new shadow Minister and the new shadow Secretary of State to their places. I commend the shadow Secretary of State’s predecessor, because I always found him a very diligent, knowledgeable and collegiate opposite number, and I look forward to working with the new team in the same vein.

After our exit from the EU, agricultural support for our farmers is changing throughout the UK, but support levels remain higher in Scotland than in England, and farming improvements are encouraged and promoted through our direct payment scheme. Will the Minister confirm that the UK Government will not, under any circumstances, attempt to use the United Kingdom Internal Market Act 2020 or the forthcoming Subsidy Control Bill to undermine agricultural support in Scotland, or attempt to lower it to the levels in England?

George Eustice Portrait George Eustice
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We set out, through our schedule at the World Trade Organisation, the so-called aggregate market support that is available for these things, and that does not provide any particular constraint. Agriculture policy is devolved and so it is for each part of the UK to decide what policy works best for its own part of the UK.

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Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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1. What recent assessment the Committee has made of the potential effect of proposals in the Elections Bill on independence of process for oversight of electoral spending, party finance and donations.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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4. What recent assessment the Committee has made of the potential effect of proposals in the Elections Bill on independence of process for oversight of electoral spending, party finance and donations.

--- Later in debate ---
Christian Matheson Portrait Christian Matheson
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The commission has made a series of recommendations to improve voter confidence in the regulation of election finance. The proposed new powers for the commission include the power to require information outside of an investigation and to allow data sharing with other regulators. These recommendations were recently echoed by the report of the Committee on Standards in Public Life. The commission will take any opportunities to discuss these proposals further when it meets the Government from time to time.

Deidre Brock Portrait Deidre Brock
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The Electoral Commission identified that although unincorporated associations are considered permissible donors, those who give money to them are not required to be permissible donors, which means that they could receive money entirely legitimately from overseas sources and donate that money to political parties with nothing but the most perfunctory of checks. No transparency is required from unincorporated associations when they provide donations to candidates, rather than to parties. Government responses to the Committee on Standards in Public Life suggest that they feel that sufficient safeguards are in place to address the committee’s concerns. Does the Electoral Commission still consider these key vulnerabilities?

Christian Matheson Portrait Christian Matheson
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The commission has highlighted weaknesses in the transparency requirements for political donations by unincorporated associations. As the hon. Member says, they are not required to ensure that those who donate to them are permissible donors, which means that they could legitimately make donations using funding from otherwise impermissible sources, including, as she says, from overseas. There are also no transparency requirements in law for unincorporated associations that donate to candidates rather than to political parties or campaigns.

UK-EU Fisheries Allocations

Deidre Brock Excerpts
Tuesday 30th November 2021

(2 years, 12 months ago)

Westminster Hall
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Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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It is a pleasure to serve under your chairship, Ms McVey. I very much commend the hon. Member for Strangford (Jim Shannon) for bringing the debate to this place. As always, we hear valuable information when listening to Members’ contributions on the lived experiences of their constituents, and I thank them for that. The hon. Member for Strangford catalogued a number of the failures so far to resolve some of the problems his fishers are facing since Brexit, describing many members of the industry as being in survival mode and as seeking meaningful solutions, including to the red tape that was supposed to be swept away by Brexit, but which snarls businesses and costs them dearly.

The hon. Member for Waveney (Peter Aldous) spoke of his disappointment and some of the challenges regarding individual fish species. He called for investment in local processing plants, and asked for science and reality to be rather more closely synchronised, and that is a fair point. I join other Members in lauding the efforts of the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard). He has been an excellent colleague. I appreciate all he has done on the Front Bench, and I wish him very well as he returns to the Back Benches. He spoke of the betrayal felt by fishers across the industry as a result of the Government’s actions. He spoke of paper fish, which was an interesting way to put it, and asked what is actually catchable. We are all looking forward to the Minister’s response on that. He also outlined the importance of DEFRA’s response to the net zero challenges of the fishing industry.

The hon. Member for Totnes (Anthony Mangnall) offered the Minister the opportunity to reassure fishers about the big problems they are facing, so we are all very much looking forward to that. The right hon. Member for Orkney and Shetland (Mr Carmichael) suggested that some MPs could not tell a cod head from a codpiece.

Deidre Brock Portrait Deidre Brock
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Sorry. That raised a chuckle across the House but, more seriously, he made the point about the difficulty of seeing how the problems of the TCA can actually be resolved, and reminded us that what was once described as teething problems seems actually baked in and are clearly having a dramatic impact on so many in the fishing industry.

It seems right, when we speak in a debate on fishing, and particularly after the stormy seas of the past few days, to remind ourselves of just how dangerous an occupation fishing is—it is the UK’s most dangerous peacetime occupation—and of what our fishers risk to bring us this incredible food. I must commemorate and salute those who have paid the ultimate price, current fishermen and their families, and the fishing communities whose remarkable strength and resilience, despite at times almost overwhelming challenges, can be seen each and every day.

We must also salute and offer our deepest thanks to the many organisations that offer aid and support to those communities. Not all heroes wear capes—some wear bright yellow wellies. I thank the volunteer crews of the RNLI for their truly heroic efforts. Every day around our coasts, they go without hesitation where others fear to, and I offer our deepest thanks to them for helping to bring home fishermen safely to their families. I also thank the Fishermen’s Mission for its work. It is there for seafarers whenever things go wrong, and its support and pastoral care is just remarkable; the comfort that it provides is priceless. I must also mention the wonderful Seafarers’ Charity, formerly Seafarers UK, in particular for its swift response at the start of the pandemic. Within days, it had set up desperately needed grant systems to help fishermen and merchants, quickly getting money out of the door and into fishing businesses that might not be here today had it not been for that rapid response. The pandemic hit all of those charities’ fundraising efforts hard; I urge anyone watching to please, if they can, choose one or more and give, so that their incredible work can continue. The need for their support continues to grow.

We all look forward to a time when we can come to a fisheries debate in this House and not have to honour any loss of life in the previous year. That will not happen by itself or by accident. It will be as a result of innovative fishermen such as John Clark, from Banff, who worked tirelessly on the design of his new vessel, Reliance III, with the shipyard at Parkol, to place crew safety at the heart of the deck design. A continuous safety rail around the boat ensures that crew can have their safety harnesses attached as they work on deck, stopping them washing overboard in poor weather. In the new design of the main winch, bespoke safety guards protect against snagging risk. Clark and Parkol Marine Engineering are really at the vanguard of the latest developments—and hats off to them. I hope that they and others, using their deep knowledge and understanding of the challenges that the sea presents, continue to show us the way to improve safety, and I hope that others follow their lead.

Obviously, negotiations on catch allocations are ongoing, and the Scottish Government are working for successful negotiations that deliver a sustainable stock management process and a solid financial future for the sector. Discussions with Norway, the Faroes and the EU across all negotiation forums have, I believe, been constructive, with all sides very keen to decide bilateral and trilateral agreements where there are shared fishing interests. Those agreements with Scotland’s closest fishing partners are key to successful and sustainable stock management. Of course, no agreements have yet been concluded, and talks are planned to continue over the coming weeks. However, with the negotiations taking place against the background of COP26, I know that we are all very much aware just how important it is to secure a deal that actually strengthens the financial future of the sector and the sustainability of fishing stocks—not just for short-term prospects, but for our children and our grandchildren to enjoy healthy, safe, productive and biologically diverse oceans both today and tomorrow.

Although fishing is a devolved matter, whatever the outcome of those negotiations we are unfortunately still left with the Tories’ Brexit deal with the EU, which leaves Scotland and the UK with less trading power than we had as part of the EU and has resulted in generally lower catch stocks for Scotland’s fishermen. Once again, we find our Scottish fishing fleets and businesses impacted by this Westminster Government’s mishandling of the TCA and their seemingly endless appetite to pick fights with the French. Our fishing industry has been greatly damaged. It might be the case that the licences the French say are outstanding belong to vessels that do not have the right to fish UK waters under the TCA that this Government signed us all up to, but who knows? There has been so little transparency on that matter, and without those details, it is impossible for the rest of us to judge for ourselves. When the Minister gets to her feet, can I ask that she lets the rest of us in on what is happening, specifically how many French applications have not been met with the issuance of a full or temporary licence and remain outstanding; how many of those relate to access to fishing waters outside of 12 nautical miles; how many relate to access to Jersey waters; how many relate to access to the English six to 12 nautical miles; and whether any other EU states are waiting for licences to be issued?

Robert Goodwill Portrait Mr Goodwill
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I was hoping that the hon. Lady would get around to talking about her own party’s policy which, as far as I understand it, is for an independent Scotland to rejoin the European Union and give those new-found freedoms and independent status that it would have as a fishing nation back to those people in Brussels who Scottish fishermen voted to be free from.

Deidre Brock Portrait Deidre Brock
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It is interesting that someone who is as pro-Brexit as the right hon. Gentleman still continues, in the face of all the criticisms that have been expressed today, to defend the TCA and the negotiations entered into by his Government. As he has heard me say several times before, our intention is to renegotiate when we re-enter Europe as an independent nation.

In respect of the processes that the Government are using to determine whether those French boats are due a licence, what is the benchmark for the evidence they require? Those who use boat diaries, for example, treasure them like gold, so can the Minister say whether those diaries are being accepted? Are any other forms of evidence being accepted? Of course, all of this could have been avoided if the Government had not rushed through the TCA, but had taken just a few minutes to spell out what evidence was going to be acceptable to them. The conflict with the French that this has caused was entirely predictable and preventable, so I would be grateful if the Minister will confirm whether the Government even tried to have that detail added to the TCA that could have averted all this.

Finally, the next few weeks—the run-up to Christmas—are hugely important for sales and exports, so what assurances can the Minister offer Scottish fishermen and merchants that their goods will continue to pass without disruption caused by what is, I have to say, a very English problem? I put the Minister on notice now that if we continue to see an escalation and goods are delayed or stopped, I will be coming back to this place to demand a proper compensation package for Scottish fishermen and merchants. Scottish businesses should not bear any more losses because of this Government’s incompetence or lethargy in their handling of the TCA. I know that I have asked a lot of questions, so if the Minister would like me to assist, I am happy to write to her with all of them so that we can get the answers that many in the fishing industry seek.

Environment Bill

Deidre Brock Excerpts
Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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I will not speak for very long. I am aware—as always—that the Bill is largely concerned with English environmental matters, as environment is for the most part devolved to Scotland, and I have to say, thank goodness for that! The Lords amendments serve to highlight some of the progress that Scotland has made in environmental protection.

In respect of the amendments on the OEP, I should point out that we have already established an independent governance body in Environmental Standards Scotland, which is fully independent of the Scottish Government and answerable to the Scottish Parliament. The Scottish Government were happy to support it, because they know that true independence of regulators is a vital part of their role.

It seems to me that the UK Government’s reluctance to accept independent oversight is one of the main causes of delay to the implementation of the Bill. It strikes me as incredible that one of the cornerstones of environmental protection in England, post Brexit, is an issue still being argued about by this Government. It exposes the fact that our departure from the EU leaves us all very vulnerable to this Government, any future decisions that they might make to slash regulations, and subsequent environmental backsliding. It is also disappointing to note that the Government have resisted calls to take really strong action through the Bill, such as implementing the World Health Organisation’s standards for air quality, which we have done in Scotland. Let me also record again my utter dismay that the Government inserted an amendment via the House of Lords, the intent and outcome of which I still deplore. UK Ministers ignored the express wishes of the Scottish Parliament as detailed in the European Union (Continuity) (Scotland) Act 2021 on a devolved issue, and cut those wishes down.

Let me turn to the amendments on sewage. Water is an area very clearly devolved to Scotland. Scottish Water is a statutory organisation, accountable to the Scottish Parliament. It is owned, if you like, by the people for the people, and that is the way the Scottish people like it. Although we have our own problems with outdated Victorian sewer systems struggling to cope with the “once in a hundred years” events that now seem to be occurring every two to three years, the fact remains that any profits made by Scottish Water are invested in the services and infrastructure of Scotland’s waterways rather than the pockets of shareholders, and that Scottish Water does not carry the stratospheric levels of debt carried by English water companies—and that is the way the people of Scotland like it too.

UK-French Trading Dispute

Deidre Brock Excerpts
Thursday 28th October 2021

(3 years ago)

Commons Chamber
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Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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(Urgent Question): Brexit-induced exporting changes have resulted in an escalating trading dispute with France that, if not resolved, may result in British boats being banned from French ports and Scottish salmon removed from French menus. France may go further and cut—

None Portrait Hon. Members
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Ask the question.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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The hon. Lady has only to ask the basic urgent question; I will come back to her for a supplementary question after the Secretary of State has answered.

Deidre Brock Portrait Deidre Brock
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Excuse me, Madam Deputy Speaker; this is my first urgent question.

To ask the Secretary of State for Environment, Food and Rural Affairs, if he will make a statement on how the UK will work with French officials to mitigate a trading dispute.

George Eustice Portrait The Secretary of State for Environment, Food and Rural Affairs (George Eustice)
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The UK’s and the Crown dependencies’ approach throughout this year has been to implement the new access requirements of the trade and co-operation agreement in good faith and in a reasonable and evidence-based way, recognising some of the sensitivities and the importance of the arrangements for both parties. Since 31 December last year, the UK has issued licences to fish in our exclusive economic zone to 1,673 EU vessels, including 736 French vessels. One hundred and twenty-one vessels have been licensed to fish in the UK six-to-12-nautical-mile zone, of which 103 are French, and 18 of those vessels are under 12 metres. The UK has licensed 98% of the EU vessels that applied for access.

Constructive discussions continue with the Commission on a methodology for allowing vessels to be replaced; once that is finalised, more vessels will be licensed. Over the past two weeks, the Government have issued four further licences, after the Commission was able to provide new and additional evidence. We remain committed and willing to consider new information. Following the receipt of more information over the past couple of weeks, we have been able to issue more licences. As I have said repeatedly to the French and to the European Commission, our door remains ever open.

In that context, it was disappointing to see the comments from France yesterday. We believe they are disappointing, disproportionate and not what we would expect from a close ally and partner. The measures that are being threatened do not appear to be compatible with the trade and co-operation agreement or wider international law and, if they are carried through, will be met with an appropriate and calibrated response.

Yesterday, I spoke to Commissioner Sinkevičius regarding the comments that French officials had made. The UK stands by its commitments in the trade and co-operation agreement and, as I have said, has already granted 98% of licence applications from EU vessels to fish in our waters. All our decisions have been fully in line with that commitment. We support Jersey and Guernsey’s handling of the fisheries licensing decisions and have remained in close contact with them throughout. Their approach has also been entirely in line with the provisions of the trade and co-operation agreement.

Finally, I am aware of reports of enforcement activity being undertaken by the French authorities in respect of two vessels and we are looking into those matters urgently.

Deidre Brock Portrait Deidre Brock
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I apologise again, Madam Deputy Speaker, for my over-enthusiastic start.

Brexit-induced exporting changes have, as we have heard, resulted in an escalating trading dispute with France that, if not resolved, may result in British boats being banned from French ports and Scottish salmon being removed from French menus. France may go further and cut electricity supplies to the Channel Islands and delay French customs checks on goods arriving from the UK, thereby further disrupting our economy.

I have to say that there is a considerable difference between the number of licences that the Secretary of State just mentioned and the number that the French claim have been issued. French officials claim that the process for obtaining a licence to fish in UK waters is too slow and laborious, while Lord Frost has said that these are only teething issues. France says that, under the Brexit agreement, 175 French fishing vessels have the right to fish between six and 12 nautical miles from the British coast, but that the UK has delivered only 100 licences. Paris also says that only 105 licences to fish off Jersey have been delivered, when French trawlermen have a right to 216.

Today, as we have heard, French authorities are to announce a sanction regime that will come into effect on 2 November. This follows news this morning of a Scottish trawler detained for fishing without a licence in French waters, according to France’s Sea Minister, Annick Girardin, who announced this overnight. Can the Secretary of State confirm what consular assistance the Government have been offering to the British fishing vessel crew currently arrested and detained by the French authorities? What support is his Department giving to the vessel and its owners?

In response to a topical question from the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), the Minister mentioned that the UK Government could not confirm whether an external waters licence was issued by the Marine Management Organisation. Why does it not appear on the list? It is too early to know what has happened. It appears that it may have been on the list. The Department for Environment, Food and Rural Affairs has had 12 hours to get to the bottom of this. We have a skipper of a Scottish scalloping vessel due in court in Le Havre this morning. It is simply not good enough that the Secretary of State does not have answers to those questions.

What assurances can the Secretary of State give the House that appropriate documents were in place for the vessel that has now been seized, such as whether the vessel was issued with a licence to fish in French waters by the MMO? If so, when? If other UK vessels encounter French authorities, what is his advice? What is the permitted time that French authorities are allowed to take to inspect seafood goods arriving from the UK via HGV? What advice would he offer to seafood exporters who are concerned about more stringent and additional checks the French are permitted to make? They have stated that they will, from 2 November, take longer to clear HGVs, while still keeping to permitted inspection rules, which could create significant delays.

George Eustice Portrait George Eustice
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It is important to note that, although the hon. Lady refers to this being a trade dispute over trading arrangements, what is actually happening is that the French are threatening to take a particular approach to trade, but linked to, as they see it, issues that they have over the issuing of fishing licences. I am afraid that we completely reject that caricature. The hon. Lady says that France has claimed that this has been too slow. That is not true. Indeed, the vast majority of those 1,700 or so vessels that we have already licensed received their licence on 31 December. The only vessels that did not have a licence immediately were those that struggled to marshal the data to support their application, but as soon as data has been provided, those vessels have been granted their access. As I said earlier, many of those vessels are indeed French vessels.

The hon. Lady mentioned the issue of the two vessels that have been initially detained. We understand that one of them may still be detained. She raised the issue about whether a licence had been issued. What I have been able to establish so far is that, in respect of that vessel, it was on the list that was provided by the MMO initially to the European Union. The European Union therefore did grant a licence. We are seeing some reports that, for some reason, it was subsequently withdrawn from the list. It is unclear at the moment why that might have been.

The hon. Lady asked why I have not been able to establish this morning in the course of events why that has not been the case. I can say that the relevant data for this is held by Marine Scotland. I have been asking my officials to get to the bottom of this issue. We have been told that Marine Scotland hopes to get back to us within the next hour or so. My officials will work very constructively with the Scottish Government and with their agencies, such as Marine Scotland, to understand what happened in the case of this particular vessel.

Oral Answers to Questions

Deidre Brock Excerpts
Thursday 28th October 2021

(3 years ago)

Commons Chamber
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Rebecca Pow Portrait Rebecca Pow
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We are providing £15 million for peatland restoration through our nature for climate fund. A lot of that money has already started to be dispensed to projects. We announced £16 million for projects between Cornwall and Northumberland. It is competitive and one has to put a good case, but if my right hon. Friend wants to consider making applications for Lindow Moss it would be well worth looking at.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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I will return to the fishing dispute in my urgent question that you have kindly granted, Mr Speaker.

There are significant concerns that any introduction of gene editing to the Scottish food chain could be a huge nail in the coffin for sales to the EU, with the divergence of standards leading to further loss of the European market and the risk of Scotland’s reputation for high-quality food and drink production being tainted by association. What recent impact assessment has been conducted on changing trading standards in Scotland and the ability to trade with the EU in future?

George Eustice Portrait George Eustice
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The approach that we take is that decisions on whether to cultivate gene-edited crops or, indeed, genetically modified crops would be for the devolved Administrations, but in line with the provisions of the internal market, there would be access for goods. That mirrors what exists at the moment in the European Union. As the hon. Lady will know, the vast majority of animal feed sold in the EU is genetically modified.

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Richard Thomson Portrait Richard Thomson (Gordon) (SNP)
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7. What recent assessment the Committee has made of the potential effect of the proposal in the Elections Bill to introduce voter ID on electoral participation.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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9. What recent assessment the Committee has made of the potential effect of the proposal in the Elections Bill to introduce voter ID on electoral participation.

Cat Smith Portrait Cat Smith (Lancaster and Fleetwood)
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The commission’s independent evaluation of the Government’s pilots, held in 2018 and 2019, found no evidence that turnout was significantly affected by the trialled introduction of an ID requirement at polling stations. However, it was not able to draw definitive conclusions, particularly on the likely impact at a national poll with higher levels of turnout. The commission has recommended that any ID requirement should be secure, accessible and realistically deliverable. The detail of the Government’s proposals for a free, locally issued voter ID card will be key to ensuring accessibility.

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Cat Smith Portrait Cat Smith
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The commission has made no detailed assessment of the number of fraudulent votes that could be prevented as a result of the Government’s proposed policy to introduce a voter ID requirement. While levels of reported electoral fraud in the UK are consistently low, they do vary, and there is no reliable methodology for forecasting instances of electoral fraud. The commission has highlighted the lack of an ID requirement as a vulnerability in polling stations across Great Britain, and public opinion research shows that this is an issue that concerns voters.

Deidre Brock Portrait Deidre Brock
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The Elections Bill not only requires Scottish voters to show ID at UK general elections, but gives the Westminster Government powers to set the Electoral Commission’s strategy and policy statement. Given that the Scottish Parliament also pays towards the commission, is this not another case of a grubby Westminster power grab and an attack on our devolution settlement?

Cat Smith Portrait Cat Smith
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The Elections Bill covers the whole of the UK, but some provisions would apply differently to elections in England, Scotland, Wales and Northern Ireland. The commission’s view is that as drafted, the proposals for a strategy and policy statement are not consistent with its role as an independent regulator. The scope and power is significantly broader than is the case with similar mechanisms in place for other regulators, such as Ofcom, Ofgem and Ofwat, which do not include giving guidance about specific matters.

The existence of an independent regulator is fundamental to maintaining confidence in our electoral system. It is vital that there is no actual or perceived Government involvement in the commission’s operational functions or decision making.

COP26: Limiting Global Temperature Rises

Deidre Brock Excerpts
Thursday 21st October 2021

(3 years, 1 month ago)

Commons Chamber
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Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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I am pleased to note that most Members here are well aware of the real threat and heightened risk that the climate emergency poses to the planet. We also know that with immediate concerted international action, it is still possible to limit the global temperature to 1.5°C in the long term. But the UK Government’s Climate Change Committee itself has warned that the UK’s national resilience to climate change is not keeping pace with the reality. We are not prepared here. Nearly 60% of the risks identified were given its highest threat rating, including loss of land, poor soil health due to flooding, risks to food supply and lack of drinking water. COP26 is not only our best chance; it might be one of our last. The UK’s devolved nations can frankly no longer wait for the UK Government to show real leadership; they must be given a broader role. It is too important an event to be left entirely to a Prime Minister with so little self-awareness that he took a jet to the G7 talks in Cornwall.

My Scottish National party colleagues and I have been overwhelmed by the volume of constituents getting in touch to protest against the Cambo oil field, which the First Minister wrote to the Prime Minister about, asking him to reconsider the plans in the light of the severity of the climate emergency we are facing. This is a UK Government who are seriously considering opening the first deep coalmine in 30 years. This is a Government who, just this week, again failed to back the development of Scotland’s carbon capture and storage facility.

Bob Seely Portrait Bob Seely
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Will the hon. Lady give way?

Deidre Brock Portrait Deidre Brock
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I cannot take any interventions, I am sorry.

One in 10 Aberdeen jobs are dependent on oil and gas. This is a community that feels every ebb and flow of the oil industry, and we are losing highly skilled people living in a naturally advantageous location with much of the necessary pipeline and subsea infrastructure already in place. That is absolutely senseless. Why are the Government not putting serious money into solutions that could solve the needs of heavy industry, such as hydrogen development as featured in the St Fergus proposal?

In the very short time I have left, I want to focus on loss and damage. Throughout the Brexit process, we heard time and again that this Government want the UK to stand on its own feet and be internationally admired by all. Well, here is their chance. The COP established the climate change impacts loss and damage mechanism in November 2013 in order to address the impacts of climate change in developing countries that are particularly vulnerable to its effects. This mechanism’s role was recognised at the Paris climate conference, but the countries that have historically been primary contributors to climate change have not formally established their financial obligations. It is essential that this is properly addressed during COP26. Developing nations are already bearing the brunt of climate change, and how we consider those countries in our decision making is to say who we are and how we wish to be judged by future generations.

Robbie Moore Portrait Robbie Moore
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The hon. Lady has been making good progress on stating how the devolved Administrations are doing a great job. Does she agree that burning plastic waste creates terrible pollutants that are released into the atmosphere? The UK Government banned the burning of farm plastic waste in 2005, yet the Scottish Government banned it only in 2019.

Deidre Brock Portrait Deidre Brock
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I am sure we could all stand up and score points on a variety of things, and the hon. Gentleman will be aware that matter has been addressed.

Scotland has established a climate justice fund, which we doubled this year. We feel that equity and justice must be at the heart of climate change action, and the establishment of a UK climate justice fund would send a powerful signal that previously marginalised voices will be heard. I want young people, indigenous communities and disadvantaged groups to have a say at COP26, as they are the most affected.

2020 held the record for the highest number of environmental activists murdered in one year, with 227 killed worldwide. That is a shocking statistic for many of us, but I am sure it is no surprise to indigenous communities that put their safety on the line every day and bear the brunt of these crimes simply for trying to protect their homes and communities. Their protests must not be in vain and should be recognised by the decisions we make at COP26.

Environment Bill

Deidre Brock Excerpts
Wednesday 20th October 2021

(3 years, 1 month ago)

Commons Chamber
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Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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I rise principally to speak to Lords amendment 29, but first I would like to associate myself with the shadow Minister’s remarks about James Brokenshire and Sir David Amess. I always very much enjoyed their contributions in the House, which I am certain we will all miss. I also add my deepest condolences to the family, friends and staff of those two much-loved and missed Members of this House.

The urgent drumbeats accompanying the global crisis that faces us have become near deafening. We all pin our hopes on COP26 and the possibility, even now, of real commitments and agreements on the dramatic actions that we all, as politicians and as people, have to face up to, but increasingly the mood music is not as positive as we would all like to see. Sadly I hae ma doots, as they say.

Consequently, although I will mainly be speaking to Lords amendment 29, I must highlight once again my disappointment at the sheer length of time this Bill has taken to get near the statute book. It is pretty shameful that it likely will not receive Royal Assent before COP26, the largest and most important conference of its kind in the world, and the largest and most important conference that the UK has ever hosted. There are still too many areas in which the Government continue to drag their heels. Here we are, scrambling to get this Bill through Parliament a few days before hosting the most important climate conference to date. What a way to show the rest of the world that the UK Government have their priorities in order.

I am disappointed that the Government continue to consider that the Ministry of Defence and the activities of the armed forces, of national security and of tax and spending are exempt from proper scrutiny, particularly when so much of our land and sea are affected by those activities. My own research, for example, found a pretty shameful safety record on the nuclear sites located in Scotland. That could well have impacted on the local environment, but it will clearly continue to be difficult to measure how effective the MOD is with regard to its environmental responsibilities.

I am also disappointed that England has not yet followed Scotland’s lead on a deposit return scheme and is so far behind on implementing one. Litter knows no borders, particularly on our shared coastline, as we know. This really matters.

The Government have taken a very relaxed attitude to the extensive number of munitions dumps scattered around our shores, which apparently do not need to be regularly checked. I point hon. Members to the decades it took to get the MOD to accept responsibility for the clean up of radioactive particles from the beach at Dalgety Bay in Fife for a further understanding of why we in Scotland do not think those exemptions should continue. As I understand it, exemptions were not part of the Climate Change Act 2008, so why are they part of this legislation?

I have made those points before, so I will leave it there. As I have said many times, this Bill is principally concerned with English environmental issues. I am heartened by many of the amendments made in the other place, many of which we already observe in Scotland, including Lords amendment 3 requiring air quality measurements to be in accordance with WHO guidance. Although this Bill is properly a matter for English MPs to decide, I wish Opposition Members well in their efforts to retain many of the Lords amendments within this legislation.

Although those few aspects of the Bill that affect Scotland had previously received legislative consent from the Scottish Government, we now see that the UK Government have inserted Lords amendment 29 into the Bill without seeking consent from the Scottish Government. They were not even consulted on that change. Despite the grave concerns and objections expressed from Scotland since then about this move, the UK Government have clearly simply doubled down on pushing it through. So this Bill, like many post-Brexit Bills, which at first sight might appear to be centred on English-only areas, must be partly looked at through the lens of devolution.

In this Lords amendment, we see the UK Government simply not being able to help themselves. Instead of Ministers doing their jobs, focusing on the climate crisis and getting this Bill through in an appropriately urgent fashion, they have taken time out to undermine the powers of the Scottish Parliament. The UK Government could have simply included Scottish Ministers in decision making, but we are forced to go through this rigmarole instead, because, it appears, of nothing more than petty point scoring.

Surely effective environmental policy requires all of us to be working cohesively across these isles, which is why clear and consistent underlying principles are so important. They guide the actions of law makers and let the public know where we are going. The Scottish Government’s environmental guiding principles in the continuity Act, passed last year, underpin the environmental actions of the Scottish Government in a UK outside the EU. They are also meant to apply to UK Ministers in their reserve strategy. Lords amendment 29 contradicts the continuity Act by disapplying Scottish environmental principles and, yet again, undermining devolution. I have to say I cannot help but view the interference from this place in a devolved area, inserting an amendment to alter an Act already agreed to by the Scottish Parliament, as a hostile action. Reaching legislative fingers into legislation already passed by the Scottish Parliament, agreed to by the Scottish Labour party at the time, among others in that Parliament, and retrospectively altering that intention seems a deliberate, provocative and aggressive act. It clearly negates a decision made by our Scottish Parliament in a devolved area that should apply in all circumstances where actions impact on Scotland, whether they relate to a reserved area or not. I will be pressing Lords amendment 29 to a vote, and I hope others can support us against this infringement on devolved powers. I call on the UK Government to do all they can to deliver this Environment Bill in a way that is fit for purpose while also respecting devolution and the democratically elected Government in Scotland. It really is not as difficult as they imagine.

If this UK Government’s post-Brexit leadership hints at what is to come, I do not feel positive about environmental protections. I cannot put it better than the Institute for Public Policy Research report, which called the UK Government’s commitments to environmental standards “considerably weaker than expected”. The EU is one of the world’s leading bodies in the fight against climate change and our departure from it leaves us open to backsliding on environmental policy. As a member of the EU, the UK Government were being held to account and forced to match the EU’s high standards. Brexit threatens that. This Bill, unlike the Scottish Government’s EU continuity Act, does not include a non-regression clause.

The Bill states:

“The Secretary of State must report on developments in international environmental protection legislation which appear to the Secretary of State to be significant.”

That is not good enough. The climate crisis is too critical an issue for us to rely on the whims of one parliamentarian alone and keep our fingers crossed that they do the right thing. One Minister’s idea of a significant development may well not be another’s. It is also worth reminding ourselves that if the UK Government fail to match EU environmental standards and this affects trade or investment, the EU would legally be well within its rights to introduce proportionate measures, including tariffs, in response. The UK Government claim that they do not need to formally maintain EU rules because they will going even bigger and better, but can they be trusted to maintain EU standards now that no one is looking over their shoulder? When I was reading through the record of the debates in the other place, I was struck by what seemed a pretty obvious mistrust of Government assurances that extensive parliamentary scrutiny in itself would be sufficient to address the clear misgivings on the Government’s intentions in regard to this Bill. We all have bitter experience of the promises made by this Government about, for example, the scrutiny of trade deals, with the promised permanent Trade and Agriculture Commission still to be formed, despite trade deals apparently being under discussion around the world. It was therefore interesting to note the suspicion expressed by their lords and ladyships, which led them to vote on and agree the large number of amendments we are considering.

Scotland has the strongest climate targets in the UK and we lead the way in tree planting, the decarbonisation of public transport and, as I mentioned, matching WHO standards on air pollution. Environmental policy is all-encompassing and must be a chief consideration when we make energy, transport, investment and planning policies. It cannot be treated as an afterthought, with us working out merely how to implement the bare minimum of standards. The Scottish Government lead the way in environmental action in the UK and are truly committed to fighting climate change and environmental damage. I urge the House to consider this matter and vote for the removal of Lords amendment 29 from the Bill.

Robert Neill Portrait Sir Robert Neill
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I am sure that all of us who were friends of David Amess and James Brokenshire appreciate what has been said today from the Opposition Benches.

I wish to concentrate, briefly, on Lords amendment 3. I very much agree with the speech by the Chair of the Select Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish), and I am grateful for what he said. I appreciate the intentions of the Minister and the Government, but I must confess that I have a nagging concern about the removal of an amendment without putting something firmer, by way of action, in its place.

Let me explain my reasons. First, I can see that if we are to have a target, it must be achievable, and I can well believe that for targets as ambitious as those in the amendment to be achievable we must take the public with us, which implies not just consultation but a much greater degree of transparency on the data, as my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) indicated, along with an honest conversation with the public about the sort of choices and changes that may be involved. I fear that if we do not do that, we will not take the public with us in the way that we ought to. The sooner that process starts, the better—frankly, it should be starting now.

Some of us are aware of the scientific data and modelling on these matters, and that presents important issues with which we must grapple, but it is not good enough that we know; we also have to be frank with the British public about what is involved. I hope that Ministers will use the time available to do that in a—I am tempted to say aggressive—vigorous and focused fashion. We should not just have a nice conversation about it but get it out there and make sure that all the available means of making the public aware are used to the full.

Secondly, I accept that for legal obligations to be any use, they ought to be realistically enforceable. I can see some difficulties with what might be achieved and why the Government might have some qualms about writing some of the specifics into the Bill, but it is already a long time since the coroner’s report on the tragic case of Ella Kissi-Debrah, or Ella’s case, as it is often known. That case happened not a million miles away from my constituency. The south London coroner who heard that inquest deals with inquests in my constituency as well. It happened in the neighbouring borough. My constituents use the South Circular Road, which the coroner found—I have no reason to dispute the finding—was the key cause of the pollution that caused Ella’s death. Indeed, it is almost within a stone’s throw of some parts of my constituency, so the issues are absolutely real for us as well. I can think of schools in my constituency, such as Valley Primary School in Bromley, that are right by a heavily-trafficked road, so I can understand the concerns of the parents there just as much as the parents in Lewisham and elsewhere.

A hotspots policy is important, then. Of course, the Minister is right that local authorities have the means to implement policies, and the London Borough of Bromley has done so—it has brought in local policies in both Bromley town and the Shortlands area—but there are issues. The level of pollution in urban areas such as Greater London, which after all runs across and does not acknowledge borough boundaries—never mind London borough and country boundaries—requires more funding and certainly more targeted funding. I come back to the point that I made in my intervention on my hon. Friend the Member for Tiverton and Honiton. We need to have, if not a taskforce, a mechanism to pull together and drive greater co-ordination and focus of the various agencies and pots of funding that are currently available. If I had a sense that that was going to be tackled without waiting till October—if that was going to be put in place while we do the consultation—I would be happier about removing the amendment, which is not perfect in itself, but does at least have the benefit of holding Ministers’ feet to the fire. It is what Ministers do when this goes back to the other place that matters—what assurances we can be given that we will tackle this as a matter of urgency.

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Rebecca Pow Portrait Rebecca Pow
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With the leave of the House, I will respond to the debate. May I reiterate the condolences that have been expressed? I was not able to be in the Chamber earlier. I have not worn my environmental leaf suit today, as a mark of respect to those two great men—Sir David Amess, who did so much on animal welfare, which is very relevant to my Department, and James Brokenshire. I think we all feel the same about them. We are proud to have known them, and we send our condolences to their families. I am terribly sorry.

I thank all hon. Members across the House for their contributions. As ever, whatever our differences, we listen to what has been said and work very closely together on these matters. I will whizz through some of the questions and comments that were raised before summing up.

Let me refer first to the comments by the SNP spokesperson, the hon. Member for Edinburgh North and Leith (Deidre Brock), just to get the devolution issue clarified. She talked about this Government not respecting the Scottish Government. The power of the Scottish Parliament to legislate respects the exercising of reserved functions by Ministers of the Crown. That was tested recently in the Supreme Court, which agreed with the Government. That judgment by the Supreme Court directly supports Lords amendment 29, tabled by the Government.

Deidre Brock Portrait Deidre Brock
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rose—

Rebecca Pow Portrait Rebecca Pow
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I am going to leave it there, because I have so many comments to get through.

I want to refer now to particular questions and comments raised about the OEP. We heard some comparisons with the EU, in particular from the hon. Member for Westmorland and Lonsdale (Tim Farron), with whom we have had some very constructive discussions, as he said—I thank him for those comments. The OEP’s enforcement powers are different but will operate more effectively than those of the European Commission. The OEP will be able to liaise directly with the public body in question—that does not happen with the European Commission—to investigate and resolve alleged serious breaches of environmental law in a more timely and targeted manner.

On environmental review, the OEP can apply for judicial review remedies, such as mandatory quashing orders, subject to appropriate safeguards. That will work to ensure compliance with environmental law. The Court of Justice of the EU cannot issue those kinds of remedies to member states, so we truly believe the OEP is stronger, not weaker.

The right hon. Member for Leeds Central (Hilary Benn) mentioned the guidance power. Paragraph 17 of schedule 1 already requires that:

“In exercising functions in respect of the OEP, the Secretary of State must have regard to the need to protect its independence.”

The guidance power does not grant the Secretary of State any ability to intervene in decision making about specific or individual cases. The OEP does not have to follow the guidance where it has clear reasons not to do so. It has to provide its own enforcement policy. I think Dame Glenys would take issue with the idea that she is somehow heading up a weaker organisation. I do not think she would have taken on the job if she felt that that was the case.

On the biodiversity emergency, we have set a duty to set an additional legally binding target to halt the decline in species abundance by 2030. If that—not to mention the Prime Minister’s comments yesterday—does not demonstrate that we understand there is an emergency I do not know what else does.

Soil was mentioned by a number of colleagues, all of whom agreed that we need data. Our soil health action plan, to pick up on the points made by the hon. Member for Bristol East (Kerry McCarthy), demonstrates that we really mean business with soil. Many of our other policies will be about working on soil health. It is not just about what is in the Bill; it is about all our wider policies whereby we are taking soil health extremely seriously.

Air quality was rightly raised by many hon. Members, including my hon. Friends the Members for Tiverton and Honiton (Neil Parish), for Bromley and Chislehurst (Sir Robert Neill) and for Newcastle-under-Lyme (Aaron Bell), and the hon. Members for Westmorland and Lonsdale and for Vauxhall (Florence Eshalomi). On what is the right number for the target, I reiterate that whatever the WHO said—whether 10 micrograms per metre cubed or now five—its analysis has not and did not outline a pathway to achieve that target. That is why it is so important that we gather the evidence and the science. I was so pleased that my hon. Friend the Member for Tiverton and Honiton himself pointed that out and agreed that this is the right approach. So many people today have mentioned the importance of getting the evidence and the data right.

I listened to what my hon. Friend the Member for Bromley and Chislehurst said, but I assure him that we are not waiting for targets to be set to tackle the problem of air pollution. We are taking action now. One example is the legislation to phase out the sale of house coal and small volumes of wet wood, and to introduce emission standards for manufactured solid fuels for domestic burning across England. That was one of the big steps we have taken to cut down on PM2.5.

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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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The Question must be put no later than six minutes past 7. Colleagues can see that there is a lot of interest, so will they please show some time discipline?

Deidre Brock Portrait Deidre Brock
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These amendments are almost entirely focused on English environmental matters, and many Members, as you have noted, Mr Deputy Speaker, wish to speak from English constituencies, so I will make this contribution short.

Lords amendment 43, while laudable in its intentions, inappropriately constricts the powers of Scottish Ministers in a devolved area. Although I absolutely support its general aims, those decisions should properly be made by the Scottish Government and Parliament and not by this Chamber or indeed the other place.

In closing, I wish to acknowledge the shadow Minister’s comments about tree planting in England lagging behind the rest of the UK. In 2019, more than 80% of the UK’s tree plantings were delivered by Scotland. I urge the Government to listen to colleagues on these Benches and get a move on.

Cherilyn Mackrory Portrait Cherilyn Mackrory (Truro and Falmouth) (Con)
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It is a pleasure to be called to speak in this debate today as I have I sat on the Environment Bill Committee and, as a member of the Environmental Audit Committee, was part of the water quality inquiry. Because of time limits, I will restrict my remarks to proposed new section 141A of the Water Industry Act 1991 in Lords amendment 45.

May I say more widely that there is a lot to be proud of in this Bill and, as we come to discuss these finer matters, we should not take away from the hard work that has taken place over the past few years? I congratulate the Minister and the Secretary State, my constituency neighbour, on all the hard work that they and their Department have done on this. It has taken a lot to get cross-party agreement, and, during the Bill Committee, we were never in disagreement on the direction of travel; it was always on the semantics of what needed to happen and where. That says a lot about this Parliament.

As we have heard, steps have been taken in the Bill, with sewerage undertakers being required to produce comprehensive statutory drainage and sewerage management plans, setting out how a company will manage and develop its drainage and sewerage system over a minimum 25-year planning period and how storm overflows will be addressed through those plans.

The Government have amended the Bill on a number of occasions to respond to Members’ concerns on storm overflows. Amendments to the Bill at Committee stage in the other place would require the Government to produce a statutory plan, as we have heard, to reduce discharges from overflows and the harm that they cause and to report regularly to Parliament on progress. Further amendments were made on Report, which will place new duties on water companies, requiring them to report overflows in real time. We have heard about this, too, and it is already starting to happen. None the less, it beggars belief that this has not been happening routinely for years and that we have had to rely on voluntary groups, as we found out in our inquiry, to do a lot of this monitoring work upstream and downstream. It is really welcome that the water companies will now be compelled to do this from now on.

I look forward to the Government being required to publish a report before 1 September 2022 explaining the actions needed to eliminate storm overflows, including their costs and benefits. This report will provide Parliament, the public, and the water industry with upfront, clear and comprehensive information on the feasibility of the plan and the cost of elimination. Between the Government plan on storm overflows and the new elimination report, I believe that we are on track for real transparency from the Government and from the water companies. It will mean that the public can see how far we have to go on this huge issue.

However, the Government could go further. I am constantly pressed on this matter by Surfers against Sewage, which is based in my constituency, and by a large number of passionate constituents, and I share their frustrations. Without the legal duty, there is nothing to compel water companies to take immediate action to tackle sewage pollution, which could mean that our rivers continue to decline indefinitely and irreversibly. The cynic in me understands why the Government cannot commit to this at this stage. It is my opinion—and it is only my opinion—that were the provision put in the Bill, the water companies would be compelled to say that, as the Government have put it in the Bill, they have to pay for the infrastructure upgrade. To pay for it, therefore, we either have to put up taxes or put up bills. That is a conversation that must happen down the line; it is not right to compel the Government to do that right now. That is the only reason why I am supporting the Government on this matter at this time, but they should be reassured that I will be pressing DEFRA again and again to make sure that we get this matter absolutely right.

I understand that we are not at the end of the road yet and that the Bill is yet to become law. When it does become law, people can judge the commitments and the publications of the Government—for example when we have the Government report on the costs and benefits of eliminating storm overflows. Last week the Environmental Audit Committee questioned the five chief executive officers of the water companies, including Susan Davy of South West Water, who I have met a few times to discuss upstream thinking projects on farms and so on. There was an acknowledgement and an agreement that Cornwall’s rivers are in trouble for many different reasons. At this point, I declare an interest: my husband is, and has been since his youth, a keen salmon and sea trout angler, as well as a bass charter fisherman and now a commercial fisherman for the under-10 metre fleet, but—this will become relevant in a few minutes—he does not use nets.

Environment Test From Patch Testing (First sitting)

Deidre Brock Excerpts
Monday 16th August 2021

(3 years, 3 months ago)

Public Bill Committees
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Daniel Zeichner Portrait Daniel Zeichner (Cambridge) (Lab)
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I beg to move, That the clause be read a Second time.

I am grateful to the Minister for writing to me yet again. We are such regular correspondents that I am half expecting a Christmas card any time soon. She wrote on the debate we had on new clauses 25 and 27. It is a very detailed reply and it does give some reassurance, but I have to say that it shows why we should have had a discussion about those clauses in an evidence session, rather than have them inserted late in the day. I suspect there will be other lawyers who will take a different view on some of these matters, but I am sure that can be pursued as we go through the later stages of the Bill.

On new clause 29, I very much echo the comments of my hon. Friend the Member for Southampton, Test. We believe that new clauses 29 and 28 together would strengthen the Bill. New clause 29 would give additional bite; it can stand on its own, so there is still time for the Minister to redeem herself. Exactly as my hon. Friend said, we take issue with the lack of overall clarity in the Bill. It needs a clearer thread running through.

The new clause, which would require the Secretary of State within six months of the Bill becoming law to report on the adequacy of current environmental law and policy in meeting the climate and ecological challenges the UK faces, would be tremendously helpful, not least because—as we saw yesterday—it seems the Government do one thing one day, and completely different things another day. They fail to face the challenges when they make big policy announcements. The new clause would make it much tougher for the Government to crawl out of their obligations.

We think the report should specifically be required to address issues of water, biodiversity, the capacity of natural and agroecosystems to mitigate global warming, resource efficiency, waste reduction and the promotion of the circular economy. That should be helpful to Government. As my hon. Friend said, we support the Prime Minister’s signing up to the UN leaders’ pledge for nature, and this includes the circular economy in our thinking.

We have taken a number of these ideas from the climate and ecological emergency Bill, which we believe is right to place emphasis on the importance of expanding and enhancing natural ecosystems and agroecosystems to safeguard their capacity as carbon sinks, as well as on the need to restore biodiverse habits and their soils. Out there in the world, which is sadly not following proceedings on the Bill as closely as some of us would hope, there is an appetite for this more ambitious approach.

After the Secretary of State has made the report, we would then very much hope that he or she would act on it and ensure that the environmental targets and environmental improvement plans were appropriately ambitious and would set out not just one long-term target in each area as required in clause 1, but set and outline the adequacy of those targets and lay out adequate plans to address each of those major issues within six months.

If it is an emergency, it needs addressing urgently. We do not believe the Bill does that at the moment. New clause 29 would help.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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Much of the Bill is concerned with English-only environmental issues, as I have mentioned in the past, because environment is a devolved area under the Scotland Act 1998 and legislative consent motions have been agreed.

In connection to new clauses 29 and 29, I point out for those who are keen to hear what is happening in Scotland that the Scottish Government are developing their own environmental strategy. “The Environmental Strategy for Scotland: vision and outcomes” was published earlier this year. As the Cabinet Secretary for Environment, Climate Change and Land Reform indicated just yesterday at her appearance in front of the Environment, Climate Change and Land Reform Committee, she will soon be publishing a monitoring framework for the strategy, which will bring together existing statutory targets, elements of the national performance framework and indicators from other strategies. That is after considerable consultation with stakeholders.

The strategy has attracted a broad range of cross-party support. The Cabinet Secretary just yesterday suggested working with Opposition Members to design amendments that will set out an obligation on Ministers to continue the work on an environmental strategy. It is an example of cross-party working that I think this place would do rather well to emulate. The Scottish Government and Parliament are leading the way in many environmental areas. I encourage Members from this place to lift their eyes from here and look to some of the great progress in this area that is being made in the devolved nations of the UK. I think it really would be worth their while.

Rebecca Pow Portrait Rebecca Pow
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I thank the hon. Member for Cambridge for moving this new clause. He is always very passionate about what he says. I am pleased that my letter was able to give a bit of clarity on the subjects he raised in the Committee.

I reassure the Committee that the new clause is not needed. It will not surprise anyone to hear me say that. There are already measures in the Bill to help assess the adequacy of environmental legislation. Under clause 26, the OEP will proactively assess how our environmental laws work in practice and advise the Government on the most effective and efficient way of implementing those laws.

The OEP’s reports must be published and laid before Parliament and the Government are required to respond to the OEP and publish that response, which must also be laid before Parliament. Given that climate and ecology challenges are key environmental issues affecting us, we would expect that the OEP would want to address such matters in its clause 26 reports. That is basically its raison d’être and the raison d’être of the Bill. I do not think the hon. Gentleman is seeing what is in there, which covers what he is asking for. We also report annually on our progress in improving the environment through the 25-year environment plan.

The Bill as drafted already introduces a number of reporting requirements in the areas specified. Clause 94, for example, requires designated public authorities, including local planning authorities, to produce five-yearly biodiversity reports. The reports will provide transparency and accountability, and help local authorities to share best practice. Over time, they will become a very valuable source of data to support nature’s recovery. Clause 75 concerns improving water companies’ water resources management plans. This planning occurs every five years, taking into account the next 25-year period. Companies must review their plans annually.

The reporting requirements introduced by the Bill will complement the Government’s existing and proposed reporting and monitoring of the natural environment. There is only so much reporting people can cope with. I honestly think more reporting would cause people to groan under the weight of it all. What we want is action, and that is what this Bill is going to set in motion, which is why we need to get through it.

Last month, the Government published their response to the 2020 recommendations from the Committee on Climate Change. The response sets out the Government’s intention to publish a comprehensive net zero strategy in the lead up to COP26.

The strategy will set out the Government’s vision for transitioning to net zero and reducing emissions across the economy. We have already set out our plans for a nationwide natural capital and ecosystem assessment. That is a big data-gathering census and a new large-scale surveying initiative, which will provide us with the all-important data to drive better decision making. That is something I have absolutely wished for as the Minister, as has the whole Department. It will be crucial in our future—we have talked about data before, and it is absolutely essential to know what we have now, what we will have tomorrow and what we would potentially like in the future.

I thank the hon. Member for Edinburgh North and Leith for her comments. We obviously work closely with the devolved Administrations, and we will be sharing a lot of the measures in the Bill. We always like to learn best practice from others—I mentioned that in the main Chamber only this morning, when the hon. Member for Putney and I spoke about air quality.

Although I welcome the intent behind the proposed new clause, I do not believe it is necessary, for the reasons I have outlined. Wide-ranging reporting assessment measures are already in place in the Bill and will be able to drive the sort of action that I think the hon. Member for Cambridge is after. I honestly do not believe we need the new clause, so I ask him to withdraw it.

--- Later in debate ---
Alan Whitehead Portrait Dr Whitehead
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Further to that point of order, Mr Gray. At the risk of straining the point of order, I would like to add my thanks at the conclusion of our Bill Committee proceedings. They have been immensely long, as my hon. Friend the Member for Putney has enumerated, with 230 amendments and 35 new clauses. I thank you, Mr Gray, for your purposeful, elegant and impartial chairing of our proceedings, and I hope you will pass on our thanks to Sir George for his part in proceedings. I thank the Minister for her immense optimism and terrific jackets, and for the courteous and good-hearted way she has conducted proceedings throughout. I appreciate that undertaking a Bill of this length is a tremendous burden, and I appreciate her fortitude and perseverance in carrying through that job.

I want to single out the Committee Clerks for thanks. They have been a wonderful source of assistance, help and wise guidance, and they have enabled us to do our part as well as we have been able to. Finally, I thank other Opposition Members. I think it will be agreed that they are not a team of journeymen and women; they are a team of Galácticos in their own right, and I thank them for their contributions to scrutinising this Bill so well.

We are, naturally, very disappointed that we have not been able to strengthen the Bill as we had hoped to do, but we will continue with that task on Report and in the other place. We hope that our doing so will help to make it a Bill that we can all be proud of, when it comes to strengthening our country’s natural environment resources and providing the protections that must flow from that; we all agree that we want the Bill to do those things. I welcome the end of this Committee, for obvious reasons, but we can all be proud of our contribution to getting the Bill to this point, and I thank everybody on the Committee for their part in proceedings.

Deidre Brock Portrait Deidre Brock
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Further to that point of order, Mr Gray. On behalf of my hon. Friend the Member for Gordon and myself, and with a slightly nervous eye on the clock, I thank all Members of the Committee for their good-humoured and thorough approach to the Bill. I have certainly appreciated that. I thank you, Mr Gray, and Sir George for your chairship. I thank the Clerks for their assistance, which has been much appreciated, and I thank the various representatives from Hansard who have sat through lengthy hours of this Committee. Although much of what we have debated has not covered Scotland, it has been instructive to hear from Members from all parts of the Committee about the approaches that are being taken. I wish England very well in all its efforts to create a much healthier and more vibrant, biodiverse and attractive environment for all its citizens.

None Portrait The Chair
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Those are all entirely bogus points of order, but we are grateful for them none the less.

Bill, as amended, to be reported.