REACH (Amendment) Regulations 2023

Debate between Duke of Montrose and Baroness Bennett of Manor Castle

Tuesday 13th June 2023 Grand Committee

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise to express significant green concern about this SI and the general direction of travel. We must look at the framework within which we are considering this. We have recently seen published peer-reviewed research showing that the world has exceeded the planetary boundary for novel entities. We have natural systems and, increasingly, human health systems, that cannot cope with the burden of novel entities. I usually talk about those as shorthand for pesticides, plastics and pharmaceuticals, but it is basically what is covered by the REACH directive.

There is now increasing scientific and public concern about the impact of these on environmental health and public health. PFAS forever chemicals are one example of an area that we are coming to understand in our understanding of biology. Most organisms on this planet are structurally holobionts, made up not just of their own entities but of bacteria, fungi and viruses. We are grasping the sheer complexity of life on this planet far more than we did 10 or 15 years ago, and the impact of these chemicals is increasingly understood—for example, the impact of chemical exposure creating antimicrobial resistance, a whole new area of research where there have been considerable advances in the last few years.

In that context, it is interesting to look at some figures. I pay tribute to CHEM Trust, which has provided me with a large amount of information on this issue, with significant expressions of concern. If we take the substances of very high concern, the UK has not added any hazardous chemicals to its list since we left the European Union, while 24 substances have been added to the EU’s list. Defra is considering just four out of 10 substances for the UK list which the EU added in 2021 but is yet to publish assessments on them. In the meantime, another five substances were added to the EU list in 2022 and nine since January this year. This is happening at a very significant pace, and we are falling further and further behind. There seems to be no interest. Can the Minister suggest how we might catch up with the EU in this specific area?

There are obvious public and environmental health issues here, but there are also issues for trade. If our companies are operating on our standards, they will increasingly be excluded from other markets. The Prime Minister has this week been speaking of the desire to be world-leading in innovation. When substances of very high concern are put on that list, there is a push on companies to look for alternatives—to innovate and find new ways of doing things. If we are not creating an environment in which that is likely to happen, then even in the Government’s own terms we are falling behind on the global stage of science and innovation.

Picking up on the points made by the noble Lord, Lord Monks, it is worth noting that the UK was one of the driving forces behind the creation of EU REACH and the restriction of chemicals regulations in 2007. Last night, I was at an Industry and Parliament Trust meeting, talking about trade. I heard there an expert in standards talking about how the UK has in recent decades been a leader in pushing the creation of ISO standards. However, it is our industry, our scientists and our NGOs that led that push towards higher standards. The Government must keep up, and support the drive in our industry, our NGOs and our scientists.

I shall pick up the points made by other noble Lords about the lack of regulatory capacity. The National Audit Office and the Public Accounts Committee have pointed to this lack, which is creating serious problems that are being identified on every side. Others have already spoken about the Secondary Legislation Scrutiny Committee, which also highlights concerns about human health and the environment, and the HSE’s capacity. We are hearing the same messages from all angles.

In particular, the impact assessment says that the absence of data

“could lead to reduced regulatory oversight and regulatory delays”,

but suggests that it would not be significant because other sources of information can be drawn on. However, the publicly available information about registered substances in EU REACH does not include details on safety tests, uses and how the industry reached its conclusion on the hazards and risks of substances.

The time factor needs to be focused on, as does the fact that we know that today, at this moment, we are exposing everyone in Britain and every bit of the UK’s natural systems to harm from chemicals that we continue to release into the environment when we know we should not be doing so. That will keep piling the costs on. The slower we operate, the more costs there will be. Think of the pressure on our NHS and on one of the nature-depleted corners of this battered planet: if we act slowly, the costs will just keep mounting up. For example, I mentioned PFAS forever chemicals: once they are there, we cannot get rid of them. There is no going backwards if we allow their use to continue.

I have some very specific questions. Will the UK look towards mirroring, moving faster than and eventually matching the EU’s pace of action, particularly on the chemicals of most concern? The UK Government talk about whether a control is right for GB. Do the Government see lower standards as being in some way better for us? How can the Minister say that lower standards of chemical regulation and safety are better for us?

An issue on which I have done a great deal of work and have a great deal of concern is microplastics. The Committee will remember microbeads. Indeed, the Government acted a few years ago on microbeads, but many intentionally added microplastics are still not covered by that legislation, which the REACH work programme of 2022-23 indicated as one of its five priorities. However, it has not yet published an evidence review or initiated any restrictions. Can the Minister tell me when we are likely to see that evidence review on intentionally added microplastics? In the light of that question, I note that EU national experts recently voted to adopt restrictions at the REACH Committee. That is now going to the European Parliament and the European Council, so the EU has steps in progress on these microplastics. When will we?

To be really concrete and scientific, and to focus on the importance of this for environmental and, potentially, human health, we—by which I mean scientists collectively: the human race—have identified the new disease of plasticosis. That was identified in one species of seabird, because we have looked for it in only one species of seabird. We are choking this planet with plastics and we have no idea what that is doing to us or to nature.

[The Duke of Montrose (Con)]

My Lords, I had the honour to serve on the EU Energy and Environment Sub-Committee when it considered Brexit and the trouble with EU REACH, in that it was not in the least transferable so it is totally dependent on grandfathering, unless there is a stream in which we allow people to apply for new chemicals. We obviously started from zero in our collection and we rely on manufacturers to submit the EU REACH approvals. Do we keep track of how extensive our REACH is, compared with the European one? As the previous speaker said, the EU is expanding its schemes. Do we have tighter regulations than the EU imposes at present?

Environment Bill

Debate between Duke of Montrose and Baroness Bennett of Manor Castle

Committee stage
Wednesday 30th June 2021 Lords Chamber

[The Duke of Montrose (Con) [V]]

My Lords, it is a great honour to follow the noble Lord, Lord Curry, with his deep scientific knowledge of agriculture and soils. I declare my interests: my family runs a livestock farm and owns a series of SSSIs in two areas of nature reserves.

In this clause, we get to define the extent and, where necessary, the boundaries of what we want the Bill to influence. On soils, I support my noble friend Lord Caithness’s Amendment 110, which is necessary because the government strategy for carbon sequestration is considerably dependent on the soil and peat. I hope that my noble friend the Minister will respond positively to either of these amendments.

I will produce a quote from a rather different angle: 300 years ago, in Gulliver’s Travels, Jonathan Swift expressed the old saying that

“whoever could make ... two blades of grass … grow upon a spot of ground where only one grew before, would deserve better of mankind, and do more essential service to his country, than the whole race of politicians put together.”

That was in his day. This has inspired our farmers for 300 years. To me, it is an environmental principle, but in the Bill the Government have given us as their environmental principles a set of prohibitions, protections and penalties.

The judgment, from the measures contained in the Bill, is that that earlier principle has now gone too far. The protections listed will be necessary, but we need to be sure that our purpose is not simply to put all the processes of the countryside into decline. It would be nice if someone could come up with a phrase that would draw all our aspirations together and point the way forward. The outcome will hang on the wording in these clauses and what we interpret as the meaning of “natural environment”.

I support Amendment 113, in the name of my noble friend Lady McIntosh and the others who have signed it. This draws our attention to the whole marine biosphere, an area that is under great threat at the moment. It is essential that this is not overlooked. The various marine organisations are still drawing up their inventories of what is in the natural environment at present, and a great deal of expense and research will have to be dedicated to that area. I too served on the EU Environment Sub-Committee that my noble friend Lady McIntosh mentioned, and I contributed to the work that was put in. There are huge areas where we have hardly any information.

My noble friend Lady McIntosh spoke of the importance of the marine area to the UK. In December, Scotland published its latest marine assessment report, which has to be updated every three years and which, in turn, covers an area six times greater than the Scottish landmass—so biodiversity is a very important field for that Administration.

At the same time, the Bill will incorporate the policies of species abundance and the encouragement of biodiversity. We have spent so much time discussing targets. Given the role that mankind has taken upon itself over the centuries, targets are necessary. The Secretary of State can introduce almost unlimited targets under the Bill, but Clause 3 has a number of subsections that must be observed if the Secretary of State wishes to reduce them.

However, there is no requirement for the Secretary of State to pay any attention to taking actions if a crisis develops when one element becomes prolific or threatening and the need to cull numbers requires some urgency. The nearest experience that I have had did not have the urgency in question: it was decided that the deer population in the huge Queen Elizabeth Forest Park, which is next door to me, was well above what was good for forestry purposes and that it should be reduced to four deer per square kilometre. They then set about culling 4,000 deer out of this area, which is not something that I would readily support, but it was a necessary management action and is an indication of what might be required if proliferation becomes extreme. In the spirit of the Bill, it will always be preferable to employ nature-based solutions, but, if diseases or threats to biodiversity occur, we must be prepared to act in whatever way will be effective.

My noble friend Lord Caithness’s second amendment raises the important question of defining biodiversity. “Biodiversity” in the Bill seems limited to the abundance of species, particularly in Amendment 22, moved by my noble friend the Minister on day 2 of our deliberations. Amendment 113B would mean that attention could be given to how far biodiversity should be supported.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise to offer the Green group’s support for all the amendments in this group, which have given us the opportunity of an important debate about what we are trying to save, what we are trying to protect and what we are trying to improve.

Amendment 110, in the names of the noble Earls, Lord Caithness and Lord Shrewsbury, and my noble friend Lady Jones and myself, proposes that soil be regarded as a habitat. I will address it with Amendment 112 in the name of the noble Lord, Lord Randall of Uxbridge. I agree with the noble Lord, Lord Curry of Kirkharle, that it perhaps does not matter so much where “soil” appears; it needs to appear somewhere. I would suggest that a very simple solution which the department could implement easily would be to go through the Bill and look everywhere where “water” and “air” appear and add “soil”. I doubt that there would be many problems when one looked at the result. We are of course revisiting our debate on day 1 of this Committee—which now feels like quite a long time ago—about Clause 1 and an amendment in my name which would have added soil as an important target. It needs to be in all these places.

I hope that the noble Baroness, Lady Boycott, will forgive me if I pre-empt a little what she is perhaps going to say, but it is so important that it needs to be highlighted. I saw that she was speaking to the Secretary of State at Groundswell. During that discussion, it was said that soil health was perhaps the most important thing and would be the focus of the sustainable farming initiative. Perhaps the noble Baroness can tell us more about that; it would be very interesting. The Government themselves identify soil as a huge priority. As the noble Earl, Lord Caithness, and many others have said, we are talking about how the Agriculture Act and the Environment Bill fit together. The Agriculture Act provides directions on the methods of action; this Bill judges how successful it has been.

I have circulated to a number of noble Lords—I realise that I neglected to circulate it to the Minister, for which I apologise and I will fix it shortly—a briefing paper that I received from a number of farmers, academics and farm advisers on the difficulty of being paid for results in managing soil health. It makes an argument for payment for practice instead, with the three key things identified as minimising soil disturbance, maximising soil cover and maximising diversity of cover. All are clearly good things to work towards, but we need to measure how the results come out, and that has to be in the Bill.

Following the coverage from Groundswell, there was a lot of discussion and excitement about work done on worms. There is perhaps an argument for the number of worms per square metre being a very good measure. I am not putting that forward entirely as a serious proposal although it is certainly something to look at, but I would point the Minister to the publication last week of a volume entitled Advances in Measuring Soil Health, edited by Professor Wilfred Otten from Cranfield University. It is a real sign of how much this field is moving forward. That brings me back to our discussion on Clause 1, when the Minister, in arguing why soil should not be included in the clause, said that

“the Government are working collaboratively with technical experts to identify appropriate soil health metrics … it is a complicated business”—[Official Report, 21/6/21; cols. 94-95.]

and that they were looking to develop a healthy soils indicator as part of the 25-year environment plan. This is a matter of extreme urgency and focus, as identified by the Secretary of State; it cannot wait for something off into the far distance. A great deal of new work is available now; a great deal of ideas are available now. The first metric that we end up with may not be perfect, but we need a metric, and if that needs to be improved in future, so be it. It could be dealt with by regulation, as the Government so like to tell us.