Net-Zero Carbon Emissions

Earl of Caithness Excerpts

Monday 7th June 2021 Lords Chamber

[Lord Callanan (Con)]

We are closely engaging with young people. The Youth Climate Action Team is closely working with many young people’s groups on this agenda.

[The Earl of Caithness (Con)]

My Lords, does my noble friend agree that what he is going to publish before COP is merely the start of a long, ongoing process that will happen every year, for many years to come? Could he tell the House what he is doing, particularly with schools, as an education programme? Unless we are all educated, we will not achieve anything near the target that we all hope for.

[Lord Callanan (Con)]

Indeed, my noble friend is right that COP is an important milestone, but that this work—this strategy and policy—will go on for many years until we achieve our net-zero target in 2050. The young people in schools and taking part in youth groups now will be consumers in the years ahead, so it is important that they are educated and informed of the changes that they will need to make.

Biomass Electricity Subsidies: Deforestation

Earl of Caithness Excerpts

Thursday 20th May 2021 Lords Chamber

[Lord Callanan (Con)]

I really do not think the noble Baroness is correct about this. Let me make the point once again that our sustainability criteria, which are some of the most stringent in the world, also take into account the greenhouse gas emissions from collecting, transporting and turning the biomass, which predominantly comes from waste products from the forest, into a viable energy source to deliver a carbon saving compared to fossil fuels.

[The Earl of Caithness (Con) [V]]

My Lords, my noble friend Lord Randall is absolutely right: virgin forests are being cut down. How is this being policed? Other countries are cutting down woodland, and what penalties are there on firms, such as Drax, which breach these conditions, if they are discovered to be in the wrong?

[Lord Callanan (Con)]

The sustainability criteria are policed by Ofgem and, if firms do not meet them, the subsidies are withdrawn.

Net-Zero Carbon Emissions

Earl of Caithness Excerpts

Wednesday 21st April 2021 Grand Committee

[The Earl of Caithness (Con) [V]]

My Lords, I welcome the Prime Minister’s radical new climate change commitments announced yesterday, which will set the UK on course to cut carbon emissions by 78% by 2035. For the first time, climate law will be extended to cover international aviation and shipping. That commitment, which is to become law, brings forward the current target for reducing carbon emissions by 15 years and confirms the UK’s world-leading position. That is also the easy bit. The challenge now is to have policies to realise the targets, and that will not be possible without a more joined-up approach both at the departmental level and between government and local authorities. That is the subject of this timely debate, and I am most grateful to the noble Lord, Lord Teverson, for choosing the date so successfully.

There is no shortage of advice for the Prime Minister and the Government. In its report to Parliament in June 2020, the Committee on Climate Change—the CCC—argued that the scale of the net-zero goal required it to be

“embedded and integrated across all departments, at all levels of Government and in all major decisions that impact on emissions.”

It has also recommended steps to improve integration in net zero policy-making. Similarly, the National Audit Office stated that

“all government bodies, including departments, arm’s-length bodies and executive agencies have a role to play.”

It also recommended a cross-government plan, as well as regular reviews of the effectiveness of current oversight arrangements. In August 2020, the Prime Minister’s Council for Science and Technology published advice to the Government on using a whole-systems approach to the transition to net zero.

The Government agreed that net zero should be a core government goal integrated into all policy-making where appropriate. The overall responsibility for the net-zero target rests with the Department for Business, Energy and Industrial Strategy, but every other department is involved. The USA is doing well on a joined-up approach, particularly since President Biden took office, and all departments and federal agencies there have been directed to focus their efforts on tackling climate issues. Can we learn anything from them? In the UK, there is currently a Cabinet-level committee on climate change, but I understand that it has not met very often. Can my noble friend tell me how often it has met in the last year? Is part of the problem that everyone on it has other compelling priorities?

Beyond that committee there are few formalised mechanisms within the machinery of national and local government to ensure joined-up, consistent and prioritised consideration of the delivery of net zero. As this is such an important matter, does my noble friend the Minister agree with the noble Lords, Lord Teverson and Lord Whitty, and me that a Minister who sits in Cabinet should be tasked with overseeing different departments’ work on both climate change and biodiversity loss, with the ability to act as a central point in government for the net zero programme? This would allow different departments to continue the work they are doing: BEIS on the decarbonisation of energy in the economy, Defra on land use and ELMS, the Department for Transport on electric vehicles, et cetera. Perhaps there could be a team—in the Cabinet Office, say—whose sole focus is ensuring that work is integrated, complementary and, crucially, deliverable at local level.

I understand there are great challenges at the local authority level. Some 96% of local authorities surveyed said that funding was a barrier to them tackling climate change; 93% cited legislation or regulation, 88% a lack of workforce capacity and 78% a lack of skills. The Government and local authorities have a huge amount still to do. But the Government are doing things, which is good news. The Environment Bill, which we will discuss when Parliament reassembles, includes a requirement that the Government should prepare a policy statement to set environmental principles. One principle is how environmental protection should be integrated into the making of policies. The Bill would require Ministers to have due regard to the policy statement when making policy. I have no doubt that all noble Lords speaking in today’s debate will take part in the Environment Bill and I expect it to emerge a stronger and better Bill when it leaves our House.

HM Treasury has revised the Green Book to place a greater emphasis on environmental considerations. The Treasury is also carrying out a further review of the current approach to valuing future benefits adequately and accounting for environmental effects. The Dasgupta review is a promising start but it is not the end of the road; it is merely the beginning.

What has not been mentioned so far is that it is not just local government in England that matters. The CCC said that Scotland, Wales and Northern Ireland account for around one-fifth of the UK’s emissions for environmental effects. Therefore, they will have to play an integral role in reaching the net zero target and there will have to be great co-operation between Westminster and the devolved assemblies.

At the end of the day, all of us will be involved in climate change. All our lifestyles are going to change. We are going to need to be involved as individuals. But in order to feel that involvement and to take part in the changes that are ahead, we need to be able to understand and be sympathetic to the policies that the Government announce. Therefore, I implore my noble friend the Minister to use the KISS principle—keep it simple, stupid. If he tries to make it complicated, we, the public, will not understand. I give as an example recycling, which is a fearful mess. It is getting better slowly but it is an area where there has been misunderstanding and, as a result, great damage to the environment. We need to be part of what the Government are going to do. We need to learn, we need to be educated, and that will be a huge task for the Government.

Heat Pumps

Earl of Caithness Excerpts

Monday 22nd March 2021 Lords Chamber

[Lord Callanan (Con)]

Yes is the short answer. As I mentioned earlier, we are developing options for how a long-term framework of policy approaches can set us on a path to decarbonising heat, homes and buildings. The heat and building strategy will set this out in more detail.

[The Earl of Caithness (Con)]

My Lords, is my noble friend rural-proofing the new strategy? He will be aware that a lot of houses in rural areas are off the mains gas grid and will need alternatives because heat pumps are so expensive. Is he considering bioenergy fuels and other alternatives?

[Lord Callanan (Con)]

Heat pumps are probably the best way of deploying electric heat in many rural areas, but we agree that it is a problem in rural areas that are not connected to the mains gas grid and often have shaky electricity supplies as well. This is a challenge that we are aware of, and we are meeting many representatives from the sector to work out how we can overcome these problems.

Climate Change Committee: Carbon Budget Report

Earl of Caithness Excerpts

Tuesday 16th March 2021 Lords Chamber

[Lord Callanan (Con)]

The right reverend Prelate makes some good points. A BEIS-supported parish council carbon calculator has just been launched to support local communities to develop their own plans for tackling emissions locally. Once they have developed a plan, the Rural Community Energy Fund is available to support the development of net-zero energy projects.

[The Earl of Caithness (Con)]

My Lords, does my noble friend agree that the advice he mentioned in his reply to the original Question needs to pass the “three Cs” test and be clear, concise and consistent? Does he agree that the handling of the Cumbrian coal mine is an example of where the three Cs test was failed on all accounts?

[Lord Callanan (Con)]

My noble friend will realise that there is a limit to the amount I can say on this. The planning application was called in by the Secretary of State for Housing, Communities and Local Government on 11 March.

Trade Bill

Earl of Caithness Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Tuesday 2nd February 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Motion A1. I congratulate the noble Lord, Lord Lansley, on his introduction, because I thought it was very calm, considered and thorough—and, above all, it was reasonable, which is something I care very much about. The Government’s attempt to throw out all our amendments epitomises the problem that we have. This is not a democracy. The Minister is very well respected and extremely honourable, but his speech made me laugh out loud. The Government have enhanced their transparency, he said. In what world have they done that? He was good enough to remind us of the rule that we should not overrule the elected Chamber and so on, and the will of the other place. But let us face it, with an 80-plus majority the Government just decide what is going to happen and stamp on those Members of the other place who choose not to follow the party line. What the Government are trying to do is to limit scrutiny of this.

There was something else—oh yes, the Minister said that this Motion would limit the Government in getting the best deals. Judging by the way in which they have handled the deals that they have done so far, I would argue that they are not very good at getting the best deals anyway. Perhaps they would benefit from your Lordships’ House getting involved in giving scrutiny to their so far abysmal deal-making.

I strongly support this Motion and hope that the Government can see sense about it. It is not a democracy when you have two Chambers but the second Chamber is left not to comment when, let us face it, the other place does not have the time to scrutinise in the same way as your Lordships’ House does. We have the time and the expertise to scrutinise things, and that is what we should be allowed to get on with.

[The Earl of Caithness (Con)]

My Lords, before I comment on the amendment, I join the growing list of people who are very concerned about the procedures of the House. In the last week, we received a letter from the Clerk of the Parliaments, telling us to stay at home, and we had another missive from the Lord Speaker telling us to stay at home, yet the Procedure Committee insists that we break all the rules that the Government want us to obey to come here to speak on an occasion like this. I hope that the Lord Speaker, when he returns tomorrow after his birthday—and I wish him many happy returns of the day—comes back reinvigorated, with the determination to persuade the chairman of the Procedure Committee to bring the rules up to date, although I know that he himself is not in charge of that committee. It is ludicrous that we are put in this position.

I am very happy to support my noble friend Lord Lansley. Modern trade deals are much more complicated than they used to be and cover huge areas of public policy—areas of concern to all of us. It is a different world from when we used to do trade deals, before we went into the EU. My noble friend the Minister, in typically emollient fashion, put forward a good case, but it was not good enough. He said that it was the first opportunity for the UK to decide its own trade deals for 45 years. Yes, that is true, but it is not the first opportunity for Parliament to have a guaranteed say in what is going on. Surely my noble friend the Minister has absolutely nothing to fear from Parliament. I take a different view from my friend the noble Baroness, Lady Jones. I think that the Government’s trade deals are very good, and I am confident that they will get even better, so my noble friend has nothing to fear, if he continues to produce good trade deals.

It is perplexing to many of us that there is no guaranteed vote by the House of Commons on a trade deal, whereas there is for the Parliaments of America, Japan and the European Union. We are portrayed as undemocratic, which is a sadness. This is a great opportunity to enhance the role of Parliament and the House of Commons, and one that ought to be seized with both hands. As I said, my noble friend the Minister has nothing to fear.

My noble friend Lord Lansley has moved considerably to try to meet the Government’s concerns on this issue. He has listened and adapted his amendment and I hope that your Lordships will support him, to give the other place a chance to look at a different amendment and a hugely important one for the way in which our constitution works.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

Does anyone else in the Chamber wish to speak? No—good. That is that “name that Peer” round over, so that is excellent. I call the next speaker, the noble Lord, Lord Purvis of Tweed.

Agreement on Climate Change, Trade and Sustainability

Earl of Caithness Excerpts

Monday 11th January 2021 Lords Chamber

[Lord Grimstone of Boscobel (Con)]

My Lords, I am happy to confirm to the noble Baroness that that is the case. We consider these subjects to be very important and we always seek to cover them in our negotiations on future free trade agreements.

[The Earl of Caithness (Con) [V]]

My Lords, my noble friend welcomed this agreement in the Trade Bill debate last week. Can he expand on his welcome? Can it be taken as a statement of intent to join, and what steps is the department taking to help businesses trade in a way that lowers their emissions and environmental footprint?

[Lord Grimstone of Boscobel (Con)]

My Lords, we are considering seriously the policy areas which underline the agreement; we attach great importance to them. We support further moves in this area and are carefully considering whether we should move forward with this.

Trade Bill

Earl of Caithness Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Tuesday 15th December 2020 Lords Chamber

[Lord Curry of Kirkharle (CB) [V]]

My Lords, I will be brief. I shall speak to Amendment 14 in the name of the noble Lord, Lord Oates. It is a privilege to follow the noble Earl, Lord Sandwich, whose knowledge and experience is so impressive on these matters.

The issue of climate change is dominating our lives. It is already, quite rightly, impacting on the way we live, and will do so increasingly. The Government have set ambitious targets, as has already been mentioned, to reduce carbon emissions by banning the sale of new petrol and diesel vehicles by 2030 and to achieve net zero emissions nationally by 2050. In the farming sector, the NFU has set a net zero target by 2040. These are challenging targets, but it is my impression that the farming sector, businesses generally and the wider public are now willing to try to rise to the challenge and find solutions in order to adapt and thus reduce our carbon footprint.

It would be bizarre indeed if, having committed to meet these targets, we completely ignored the carbon impact of imported products. Meeting the climate change targets will not be achieved without significant investment and added costs on the part of businesses and disruption to our lives generally. It would be inconsistent to place domestic industries in an uncompetitive position by importing products that are not subject to the same ambitions. Not only could that negate progress, it could lead to the undermining of innovation and investment, which would be to the detriment of the UK economy.

If we do not accept this principle, the Government risk being accused of delivering conflicting messages: a commitment to the climate change agenda and taking a leading role in COP 26 on the one hand and being willing to undermine the progress of our domestic industries by allowing the import of products that are not produced to the same ambitious standards on the other. I hope that the Minister will consider this important amendment.

[The Earl of Caithness (Con)]

My Lords, I support these two amendments. There is an overlap between them and the next ones tabled in the name of the noble Lord, Lord Purvis of Tweed. As my noble friend on the Front Bench will remember, I highlighted the environment as one of the key areas in which ISDS could cause problems for the United Kingdom. I will say a little more about that in the debate on the next amendment.

Suffice to say on this amendment that we must realise that the trade deals we are making now will have a huge impact on each and every one of us. They are much more complicated than they were in the past. Some 80% of our fruit comes from Europe, along with 50% of our vegetables. If we do not have a sensible trade agreement with Europe which takes that into account, it will cause increased problems for the Prime Minister’s campaign against obesity and the problems that the poorest in our country are already suffering with malnutrition and poor-quality food. It is well known that obesity rates increased in both Canada and Mexico after signing free trade agreements with the United States of America because the nutritional quality of food was lower than before. These free trade agreements are going to impact on us in all sorts of ways.

I am reminded that when we discussed this Bill on the first day of Report, my noble friend Lord Grimstone said that public health considerations would be excluded by the Trade and Agriculture Commission, although reports about them would be taken into account. Perhaps I may therefore press my noble friend: who or which institution is going to provide those reports on public health? We do not know. Public Health England is about to die a death. Which organisation will produce those reports? That is important. The reason I raise this is because the words “human” or “public” health are included in the proposed new clause in subsection (3)(b) of Amendment 21.

The other important area when it comes to health is the traffic light system that we put on packages to notify people about the nutritional quality of food. We all know that the United States of America hates the idea of a traffic light system and thoroughly disagrees with it. However, if we are trying to improve the quality of the food that we eat and get rid of some of the dependency that we have on processed foodstuffs, the traffic light system, which is currently the subject of further discussion, will play a hugely important part in that. This was part of the discussion and recommendations made by the Food, Poverty, Health and Environment Committee, whose report we have yet to debate. However, if we do not get things like this right, we will pay a huge price, and it is for that reason that I support these amendments.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, first, I thank the noble Earl, Lord Sandwich, for supporting what I said on the earlier amendment. It encourages me greatly, because the campaign for our rejoining the European Union is gaining momentum day by day.

Returning to this amendment, like the noble Baroness, Lady Hayman, I am also a member of Peers for the Planet, an excellent organisation, involving Peers from all parties, for raising awareness about the dangers of climate change. Indeed, it was the noble Baroness who recruited me to that organisation, and I agree with absolutely every word that she said and have very little to add.

Just to underline what the noble Baroness, Lady Hayman, said, I add just one thing, in relation to the United States of America. It will now be much easier to have a trade deal with the United States that incorporates these requirements. The election of President-elect Biden—and we can all, I hope, rejoice in the fact that he has now been confirmed as the President-elect—is a great step forward in that regard. He has pledged that one of his first actions in office will be to rejoin the Paris climate change agreement, and the United States could therefore formally be a member of that agreement before the beginning of March 2021. His transition website suggests an aspiration for net zero by 2050, which is a great improvement even on what President Obama agreed. President-elect Biden has named former Secretary of State John Kerry as his special envoy for climate change, with a seat on the National Security Council. That is very important, because it underlines the fact that climate change is also a national security issue.

I look forward to being around, if not in, Glasgow next November and welcoming to Scotland and the United Kingdom delegates from all countries from around the world in the COP 26. I say “welcome to Scotland”—I know that the Minister will agree with me wholeheartedly on that. We hope, expect and believe that it will remain part of the United Kingdom for many years to come.

--- Later in debate ---

Briefly—because I think this may be slightly academic so I will not take too much of the House’s time—I suggest that a multilateral investment tribunal and appellate mechanism, as suggested by Amendment 15, is essentially an ISDS wolf in sheep’s clothing. It is arguably a little more transparent and slightly less slanted in favour of the multinational interests, but it is still not what we need; we need to be able to rely on the courts and on democratic Governments.

[The Earl of Caithness (Con)]

My Lords, my memory goes back to Committee and the powerful speech of the noble Lord, Lord Hendy, who set out the arguments against ISDS extremely well. There was a lot of powerful argument there. But I am also grateful for the intervention of my noble friend Lord Lansley, who always manages to sow those little seeds of doubt as to whether we are going in the right direction. Notwithstanding those seeds of doubt, I believe we are going in the right direction with these amendments, on the simple basis that ISDS permits any investor in this country to sue the UK Government for anything that might harm their profits in any way.

Therefore, I have one particular question on this matter for my noble friend Lord Grimstone. I believe I am right in saying that, since 1986, we have had an ISDS agreement with China. If that is the case, are the UK Government not widely exposed on the Huawei case? In relation to banning Huawei from operating in this country, there is no clause within the agreement, as I understand it, that says that we can ban a company from operating for national security purposes—so is not the UK hopelessly exposed? As a result of that, should not all our bilateral agreements be rethought, as suggested by my noble friend Lord, Lansley, because there is this loophole?

My second question to my noble friend concerns the Government’s eagerness to join the Trans-Pacific Partnership. As my noble friend will be aware, New Zealand is seeking an exemption from the ISDS. In our negotiations to join this organisation, will we also seek an exemption from ISDS, and if not, why not? If New Zealand has set a precedent, it would be only logical for us to follow because that must be the right way forward.

[Baroness Chakrabarti (Lab) [V]]

My Lords, it is a pleasure briefly to follow those who have already spoken on this group, and I support Amendment 19 in particular. I am no expert in international trade law, but I rest assured that my noble friend Lord Hendy will speak very shortly.

Briefly, my concerns about ISDS are that the mechanism overrides the supremacy of Parliament—including your Lordships’ House and the other place—overrides the domestic rule of law, discriminates on grounds of nationality in favour of foreign investment corporations and prioritises the profits of investor corporations over people and the planet, as we heard from the noble Baroness, Lady Bennett of Manor Castle. Therefore, I see the mechanism as a fundamental challenge to the rule of law, both domestically and internationally, and not what taking back control is about in the minds of most people in the United Kingdom and further afield, I suggest.

My one question to the noble Baroness, Lady Kramer, who spoke so clearly about her own concerns, is: will the multilateral tribunal that she anticipates really be capable of addressing those fundamental concerns about prioritising corporations over the wider public interest—climate catastrophe, human rights and so on? Will it be capable of designing something that is not the wolf in sheep’s clothing that the noble Baroness, Lady Bennett, described? With those concerns firmly on the table, I support Amendment 19.

Trade Bill

Earl of Caithness Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 7th December 2020 Lords Chamber

[The Deputy Speaker (Lord Haskel) (Lab)]

I call the noble Baroness, Lady Finlay. No? Then I call the noble Earl, Lord Caithness.

[The Earl of Caithness (Con)]

My Lords, I am sorry that the noble Baroness was unable to give us the benefit of her wisdom.

An advantage of being “tail-end Charlie” as the last speaker of 15, is that most of the points have already been made, which helps to speed things up. Let me start with Amendment 12 in the name of my noble friend Lord Lansley. He made some convincing arguments and, unless the Minister can convince me otherwise, we should support the amendment. The noble Earl, Lord Sandwich, said that CRaG was fit for purpose. I contend that it is not. It was designed in another era, when we were part of the EU and the EU was doing our trade deals. Now we are doing our own trade deals—good luck to the Minister and godspeed to all his civil servants; they will need it in this complicated world. The trade deals that we negotiated 50 years ago are hugely different from those we are negotiating now. Today’s deals are much more complex and involve not only trade but each and every one of us—the environment, biodiversity, the way we live. Therefore, it is important that Parliament is properly involved.

How complex trade deals have become is the compelling argument for Parliament to be given a statutory right to look into these matters. Trade deals are only going to get more complicated, therefore the discrepancy between the current situation, which is out of date, and what is needed in the future, is growing. Effective scrutiny by Parliament on a statutory basis would improve the quality of decision-making. Nothing hones a civil servant’s pen quite like getting Parliament to have a good look at what they are doing.

We have heard that a common objection to the wording of Amendment 6 is that it ties the Government’s negotiating arms and affects their room to negotiate with the other side. I do not think it does. In America, Congress is a very useful weapon that the US negotiators use. They constantly say, “We couldn’t possibly get that through Congress”. Our discussions with the EU are at a very delicate stage, and if there had been a mandate from Parliament that one of the negotiating objectives of this Government was that we would be a sovereign state equal to the EU, we would not be having prevarications with some of the EU states. We would have had a much better chance of getting a deal. Rather than the Prime Minister saying: “We are going to be a sovereign state”, he could quite rightly say: “Parliament has said that we are going to be a sovereign state”. That would have saved a lot of the rather frustrating and silly discussions that are going on at the last minute. It would also consolidate the position of the UK as a serious negotiating partner which will ratify whatever deal is agreed if Parliament has had a proper say.

I am very much aware that the Minister has made concessions on a number of points, but that is not the same as having them in statute. In this day and age, given what has happened in America and how the EU looks at its trade deals and has adapted, it is time that we adapted and took a firmer view, giving Parliament the statutory backing that it needs to look at these matters, but not to the extent of tying the hands of the Minister and the Government in any negotiating deal. Therefore, I support Amendment 6 in the name of the noble Lord, Lord Purvis of Tweed.

[Baroness Finlay of Llandaff (CB)]

My Lords, I am sorry that technical difficulties meant that I could not come in just now. I support Amendment 6 in the name of the noble Lord, Lord Purvis of Tweed, who made the case for it comprehensively. In Committee, the involvement of the devolved Administrations in consultation over trade was stressed whenever UK Ministers wished to make an agreement that included issues that fall within devolved competences. Respect for, and consideration of, the devolved responsibilities and implications of agreements will result in clearer communication between Westminster and the Government, in better relations with the devolved Administrations, and in clear messages to the population overall. This amendment would bring agreement centrally into Westminster, not disrupted by protesting voices from devolved nations that fuel separatist movements. The noble Lord, Lord Wigley, has set out the benefits with arguments that I endorse.

On issues relating to health we discussed at length the importance of the Government’s commitment that the NHS is not up for sale. This country’s unique databases have enormous potential value. As health, whether human, animal or ecological, is a devolved responsibility, it is essential that anything touching on health in its broadest context is the subject of consultation with the devolved Administrations. The noble Lord, Lord Lansley, eloquently stressed that Ministers should not ratify an agreement that would not be approved by Parliament. In respecting the royal prerogative, the individual nations must not find themselves sidelined.

Amendment 6 is essential to consolidate, not destabilise, the united nature of the United Kingdom. To break up the United Kingdom would indeed be an “abject failure of statecraft”.

--- Later in debate ---

[Lord Morris of Aberavon (Lab) [V]]

My Lords, I wish to speak primarily on Amendment 7 in the name of the noble Baroness, Lady McIntosh, and other noble Lords. I also support Amendment 32 on the need for consent from devolved Ministers. In my Second Reading speech on the Agriculture Bill, I welcomed the setting up of the Trade and Agriculture Commission, particularly the appointment of the president of the Farmers’ Union of Wales as a member. I played a small part in the founding of the union 65 years ago—rather a long time.

I received an excellent briefing note from the NFU, and I hope that the Minister will give the assurances that it seeks in that note. The establishment of the commission as a statutory board is important and gives it a degree of permanence, and I welcome the thrust of the government amendments. The NFU has raised the issue of the range of necessary expertise required of its members. It is the word “expertise” on which we need further reassurance. I emphasise the obvious point that agricultural expertise is a vital requirement. I need not say anything further on that.

It also raises the issue of ensuring that devolved interests are properly catered for. I hope that the Government will accept Amendment 32. It was around 1 March 1977 when agricultural responsibility in Wales was transferred from the Government, of which I was a Member, to the Secretary of State for Wales. I tried to anticipate how experience in handling agricultural matters outside Whitehall would be important for a future devolved Government in Wales. Regrettably, this important step had to wait until 1999, but this is one example of the building bricks that were necessary to be transferred and that were so important to the future devolved Administration—hence it is vital that they are properly consulted.

When I was the Welsh Secretary, I also ensured that, when Brussels was concerned with Welsh interests, I attended with the Whitehall Minister of Agriculture. I would be particularly pleased to hear more about the scope of work intended for the commission. This should be spelled out before we leave this important issue.

Lastly, I believe that reassurance is needed about the intention of the Government to review the TAC every three years. It is vital to have wide consultations with relevant interests at this stage. This is a very important body. I welcome it and, in particular, its extended remit and degree of permanence. It will be there to give the views of agriculture to the Government of the day. I support the amendment.

[The Earl of Caithness (Con)]

My Lords, I had very much hoped to give three loud cheers to the Government for putting down this amendment but, at the moment, my noble friend has one and a half cheers. But I am extremely grateful to the Government for at least putting down this amendment.

A number of points have been raised, and the point which struck home was that made by the noble Baroness, Lady Ritchie of Downpatrick, who said that public expectation is high for the TAC. She is absolutely right. I fear that the TAC, as proposed in the amendments before us, will turn out to be a peely-wally TAC. As a result, it will give the Minister every opportunity to use the proposed new clause in Amendment 36 to repeal it by statutory instrument. That will lead to a huge loss of public confidence in the Government and in agriculture, which has been a matter of so much debate.

We brought the Government to this state, kicking and screaming, through the hard work on the Agriculture Bill. Could my noble friend tell me what membership he envisages for this commission? The point has been made that it is a bit vague, but unless the commission has experts and access to experts, it will not be able to report to the high standard that we hoped and expected of it. Can the commission do work other than looking at trade deals once they have been negotiated? Will there be a lull? If a negotiation is going on, the commission can look at it, and that might bring up other bits of work that it ought to do for future trade deals. But the Government could turn around and say to the commission that because there is no trade deal under negotiation, sorry, your job is finished. Could my noble friend be more specific on the workload he expects of the TAC?

The next point I want to raise was also raised by my noble friend Lady McIntosh when she introduced Amendment 7. It is on the wording of the proposed new subsection (2)(4A)(a) in Amendment 34, which refers to “human life or health”. What happens around food security that affects people’s health? Will it be covered by the work of the commission? When we were discussing the Agriculture Bill, the quality of food that would be produced by and imported to this country was a huge concern. It affects human health and, if the TAC is not allowed to look at human health, will aspects of that be omitted?

My last point concerns the shortness of the TAC’s life. Is my noble friend convinced that he will get the right quality of people to serve on it, given that it is an intermittent body, with every likelihood that a Minister could wake up one morning and lay a statutory instrument for its demise? Before a Government decision is made and such a statutory instrument is laid, will my noble friend confirm that he will consult all relevant interested parties and publish their advice? If that is not the case, I fear that the TAC will not produce the quality of reports that we want and will not continue in existence for as long as many noble Lords have anticipated. I hope that my noble friend can change my one and a half cheers into three cheers.

[Baroness Boycott (CB)]

My Lords, as always, it is a great pleasure to follow the noble Earl, Lord Caithness. I greatly agree with what he said and want to amplify one of his points. I also support Amendment 7, but do not think that it is finished business yet.

When the Agriculture Bill passed through Parliament, many noble Lords advocated amendments about the UK’s food standards: that they should be written into law to protect us from lower food standards in the future. This was backed massively by the public, as the noble Earl, Lord Caithness, and many other noble Lords have said. Some 2.6 million people signed a number of related petitions, and 260,000 people took the trouble to write to their MP because they were concerned about this. The Government have instead opted to put the Trade and Agriculture Commission on to a statutory footing, extending its lifespan and requiring it to look after these important matters. Is this enough? I think not.

We know that trade deals can put huge pressure on food standards and lead to the import of food produced to lower—or indeed higher—standards. Evidence shows that a number of prospective future trading partners want the UK to lower its food and animal welfare standards and to allow the import of currently banned products, including the well-known examples of chlorine chicken and hormone beef as well as others such as products containing residue of pesticides.

The TAC was formed by the Government in response to consumer and farming concerns. Its main aim is to consider the development of the Government’s trade policy, to reflect consumer and developing world interests and to consider how we engage with the WTO on animal welfare. However, as it stands, it will relate only ever to broad farming, food, environmental and animal welfare concerns. Food safety is considered, but not public health.

However, we now have it on a statutory footing and have expanded proposals for membership to include experts on trade, animal and plant health, and animal welfare. This is welcome but not enough. The Government’s amendment categorically excludes the TAC from considering the impact of agri-food trade on human health. Its reference to what the TAC reports on states that, in preparing the report for Parliament, the Secretary of State for International Trade must

“request advice from the Trade and Agriculture Commission … except insofar as they relate to human life or health”.

If the TAC is limited to thinking about health very narrowly, within the confines of a sanitary or phytosanitary source, wider considerations such as impacts to diets, antimicrobial resistance or pesticide residues will be lost. If it is not the role of the TAC to consider this, who will consider it? We all know the long impact of bad diets—those heavy in sugar, fats and salts. We have seen this as Covid has torn through our communities this year. We legislate very well and effectively that food will not kill you today, but we have nothing on food that will kill you tomorrow or, more to the point, in your children’s tomorrows.

The Alliance to Save Our Antibiotics published a report just last week showing how future trading partners for the UK are giving livestock antibiotics to make them grow faster, a practice which has rightly been illegal in the UK and across the EU since 2006. When I raised this in this House the other day, the Minister was emphatic that we have good antibiotic rulings. However, in 2022 the EU will ban the importation of meat and dairy produced in this way but the UK Government have not yet committed to this. This new report shows that, overall, farm antibiotic use per animal is about five times higher in the US and Canada compared with us, with use in United States cattle being about seven times higher. Antibiotic use per animal in Australian poultry is 16 times higher than ours. These are very serious facts.

Where is public health? Somewhere between the Agriculture Bill, the Trade Bill and the TAC. Why is it not in a leading role as we go forward in these crucial debates? I understand, although I might not agree, why the Government chose not to put public health right at the top of the Agriculture Bill as a public good. I know it is impossible to recompense people for growing food which has a monetary value, but I do not feel reassured about where this is going to be. I am also not reassured that it will be left in the hands of the Food Standards Agency, much as I admire it, because I do not understand its relationship to the Trade and Agriculture Commission. At the moment we do not have a public health expert on that body. This is slithering through the cracks; if we do not catch it now, in future it could have very serious consequences for us all.

Fossil Fuels: Business

Earl of Caithness Excerpts

Thursday 19th November 2020 Lords Chamber

[Lord Callanan (Con)]

The noble Lord is right to highlight the difficulties of potential carbon leakage. There are many problems with a carbon border tax, of which the noble Lord will be aware—difficulties with the WTO, et cetera—but I leave announcements on taxes to the Chancellor.

[The Earl of Caithness (Con)]

My Lords, I welcome the 10-point plan that the Prime Minister announced yesterday, but ask my noble friend what discussions he has had with industry, particularly the producers of electric cars, to ensure that batteries, given their diversity, are fully recyclable throughout the country. We should not take away one problem just to replace it with another.

[Lord Callanan (Con)]

My noble friend is right to highlight the problem of recycling batteries. We are investigating the environmental opportunities of a transition to zero-emission vehicles, and are keen to encourage a circular economy in these vehicles, particularly for batteries. We are supporting the innovation infra- structure and regulatory environment required to create a proper battery recycling scheme.