Agriculture (Delinked Payments) (Reductions) (England) Regulations 2024

Earl Russell Excerpts

Monday 20th May 2024 Grand Committee

[Lord Teverson (LD)]

My Lords, perhaps I can ask simple question. I very much welcome the fact of the transition from basic payments to SFI. Let us be quite clear: there has been a heck of a lot of uncertainty during that process, which now hopefully is more concrete, so that everybody knows the direction. I welcome the number of farmers who are now involved in SFI. Coming back to the question about the environment and the objective of bringing back nature into the countryside, how does Defra intend to assess whether these various SFI programmes have been successful, so that they can be modified in future to make sure that they achieve the goals that we all want them to achieve? That is what I would like to understand as we move into the future. Given the flexibility that SFI gives in terms of various individual incentives within it, how do we assess that, how do we manage it, how do we calculate it and how do we change it into the future to make sure that effectiveness is still there?

[Earl Russell (LD)]

My Lords, on these Benches we have real concerns and questions in relation to these regulations. This instrument was debated in the Chamber of the other place. The Explanatory Memorandum states:

“This instrument sets the percentage reductions which will be applied to delinked payments in England for 2024. Delinked payments were introduced on 1 January 2024 in place of Direct Payments to farmers under the Basic Payment Scheme … in England … As part of moving away from the Common Agricultural Policy, the Government has been gradually phasing out Direct Payments in England. It is doing this over an agricultural transition period (2021 to 2027), as provided for in its Agriculture Act 2020”.


We support the overall approach, so we will not be opposing the SI, but we have concerns about the process of transition of farm payment mechanisms in general, the resultant department underspend to date and the impacts that these are having on farmers, their economic welfare and, in many cases, their very economic survival.

The debate today so far has largely mirrored that which happened in the other place, most people being supportive of the long-term transition and policy objectives, but equally being deeply concerned about the implementation of that transition. These changes need to be assessed against the broader implementation of the whole package of measures. The truth be told, our farmers are really struggling to survive financially.

As has been said, we have had one of the wettest winters since 1836. In many cases, winter and spring crops have not been planted and livestock farmers have also suffered. The NFU farming confidence survey, published just a few weeks ago, showed that mid-term confidence is at its lowest since records began in 2010. Because of a lack of confidence, production intentions are plummeting within all farm sectors. That cannot be good for farmers or our food security. Also, the relentless wet weather has caused farmers real hardship: 82% of respondents to the NFU survey said that their business had suffered, which cannot be good either. We are increasingly seeing the impacts of climate change and I ask the Government and the Minister to be more flexible and responsive to the impacts of climate-related events on our farmers. The Government must recognise the role that farmers play in flood prevention and adequately reward them for the important work that they do in mitigating floods and protecting us from further flooding.

We have this £200 million underspend in Defra and are now four years into a seven-year transition under the SFI. The NFU survey also found that profitability had fallen for 65% of respondents. We have this big period of transition, weather events and real economic hardship for our farmers, so questions must be asked about the impact of these regulations against this overall background.

The Explanatory Memorandum states that

“compared to applying no reductions at all, the 2024 reductions set in this instrument will release around £970 million to £1,010 million”.

These are huge amounts of money, and we are worried about the impact of this change. The Government must be in possession of an overall impact assessment of the transition to ELMS to date, but this information has not been published. I ask them to be more open and flexible with the information they provide.

The Minister in the other place said of the overall budget that it is the same cake and that budgets are not being reduced. Against this, some of the slices have not been eaten because there were underspends, the department is undertaking new and more complex sets of measures around supporting farmers to undertake environmental stewardship, with a greater number of schemes being developed overall, and new organisations are now eligible for payments. Added to this, we have had the rise in inflation, which means that the budgets were not as large as set out.

All of this is adding increased financial impact; farmers are being asked to do more and there are more schemes, so the money is being subdivided to a greater extent. Given that no impact assessment is included with this SI, how does the Minister expect us to make adequate judgments about the money being provided and the decisions that lie behind that? What is the factual basis for the figures the Government have put forward? How confident are they that they have the right figures, that they are set at the right rates and that they are capable of achieving the policy objectives?

Finally, what is Defra doing to improve the situation for our farmers? What assessment has it made of the overall support that farmers need and how best it should be provided at speed and at scale? What other problems has it had to date with the implementation of the present system? What is being done to support small farmers and tenant farmers, in particular to make applications? The Minister proudly stated that half of farmers have made applications; by that same logic, half have not engaged with these schemes as yet, so how can we do more to bring them into these schemes and make them work more effectively?

[Baroness Hayman of Ullock (Lab)]

My Lords, we do not oppose this SI, as we did not oppose the agricultural transition plan, but we think that the implementation of ELMS and the agricultural transition away from the BPS need to work much better and the Government need to look at how they can provide better support for farmers while this transition takes place. The noble Baroness, Lady McIntosh of Pickering, asked specific questions about small farms and tenancies; they are having particular challenges, so it would be good to hear from the Minister on that.

We have heard a lot today about how climate change continues to threaten farmers’ livelihoods. I am sure the Minister is aware that the NFU has suggested delaying ELMS while certain things are sorted out. While we have some sympathy because of the struggles farmers have had recently, delaying the implementation of ELMS and the phase-out of basic payments is not the solution.

Policy-driven agricultural practices have been one of the single biggest drivers of wildlife loss in the UK over the past 50 years. We are concerned that, if you start delaying the ELMS rollout, all you will do is create more uncertainty at a time when farmers desperately need certainty. They need to be able to plan—and to plan to farm in a way that provides food but also benefits nature. As my noble friend said, we will not reach net zero or be able to tackle species decline and biodiversity loss without the widespread adoption of nature-friendly farming practices. We have also heard that the biggest long-term risk to our food security comes from climate change and environmental degradation. That is why it is important that we get these schemes to work effectively for farming.

My understanding is that there is almost a £1 billion funding gap for agriculture to meet existing nature-recovery and net-zero targets. I do not expect the Minister to pull £1 billion out of his back pocket, but it demonstrates that this is a huge problem that needs addressing. Instead of doing what the NFU has suggested and pausing ELMS, have the Government thought about using the emergency financial measures available to them in Section 21 of the Agriculture Act? There are powers to add an additional emergency fund on top of SFI for farms that are suffering the greatest climate damage. Have the Government looked at that as a way of supporting farmers? Given the terrible weather we have had, including flooding, would that be an option?

I want to look at some of the farmers’ concerns, because the NFU is clearly not happy with the way things are at the moment. The noble Earl, Lord Russell, talked about many of the concerns in the NFU’s latest annual farming survey, which gives a good overview. It shows the lowest level of confidence in at least 14 years, and extreme weather and the phasing out of subsidies are cited as the primary drivers. Tom Bradshaw, the new president of the NFU, said his concern was that,

“if members don’t have confidence, then we as a country can’t deliver food security”.

That is a real worry.

One factor in that is the weather, about which we have heard a lot, but what was quite striking about the survey was that mid-term confidence had been hit harder than short-term confidence. That is striking because it shows that farmers are losing trust in the Government’s ability to support them through this transition period and during the challenges of climate change. Will the Minister comment on that? How are the Government working to bring back farmers’ trust? It is very important.

On the weather, analysis by the non-profit Energy and Climate Intelligence Unit forecast that crops could be down by nearly one-fifth as a result of the wet weather, and that it was likely that prices for bread, beer and biscuits, for example, would rise. Has Defra made any forecast of the impact of continued bad weather on inflation and on harvests, for example?

The NFU is concerned that the combination of the BPS being down by 50% and all these extra pressures will mean that farmers are more likely to borrow. Borrowing is more expensive, and the NFU is concerned that, as Tom Bradshaw, put it, we are facing

“the perfect storm of events”.

This is about looking at the bigger picture of how the Government will support farmers. What steps are they taking, or proposing to take, to support farmers with those extra costs?

We know that red diesel has been a particular problem, but I am not expecting the Minister to answer the difficult questions around red diesel today. I have spoken before about the benefit that family co-operatives can bring when costs are high. Have the Government looked at that, particularly around investing in new machinery, which can help to mitigate some of the difficulties that farmers are facing?

Finally, we completely agree that we need a fairer system of payments based on the principle of public support for public goods, which ELMS is bringing in, but the Government need to grasp that more must be done to make the system work much more effectively than it does at present for farmers and the environment.

[Lord Douglas-Miller (Con)]

I thank all noble Lords who have contributed to this debate and I welcome the strong level of support across the House, largely, for these measures.

I start by addressing one or two of the issues raised by the noble Baroness, Lady Hayman. She touches on a common theme that comes up when I am out and about. I was at the Chelsea Flower Show this morning and there were a few farmers there—not many, but a few. The issues are about what is going on and where the money is going. The same amount of money is available today as there was yesterday and will be tomorrow. It is £2.4 billion each year over the course of the Parliament, so there is not less money available.

To anyone who has been in receipt of the basic payment scheme as—full disclosure—I have been for probably 40 years, it is a pretty blunt instrument. You get your cheque. There is a little bit of cross-compliance. I received mine in Scotland. It came in two tranches: one at the year end and one about six months after the year end. For anybody who feels that transitioning away from the BPS is somehow bad for cash flow or bad because there is less money in the pot, they have misunderstood what is going on .

The issue of confidence is critical. For sixty-something years—I cannot remember the exact number—if you have been a farmer, you have been used to one system. You farm, you get your BPS payment. If you were interested in other stuff, you could get into an agri-environment scheme, but they were pretty challenging to get into and pretty expensive to join; they really only suited the larger landholdings.

This is a significant shift away from that, but I get that any shift is challenging. Looking at my own farm arrangements, I find myself wondering how we are going to make all this work. Instead of just getting the money, you have to think about what you are going to do. It is public money for public good, so it is a proper shift in mindset. When you get that big shift, it does knock confidence. I am acutely aware of that. It means that people have to think totally differently about their farming operation.

If I am absolutely blunt, that is exactly what ELMS is designed to do and should do. The way that we have been farming has not been overly helpful to productivity or to innovation and—as I think all of us in this Room would collectively agree—it has been deeply unhelpful for the environment. To me, this change is absolutely welcome and necessary but I know that it causes a bit of stress and strain. That is one reason why it has been spread out over a seven-year period.

Farmers are amazing; they are incredibly resilient, but they are also incredibly resilient to listening. It is not as if this has come as a shock to anyone. We have been advertising it on the front page for a number of years now but, of course, this year is the year when it starts to really bite. If you have not been paying attention, you are going to feel some financial pain. We cannot hold everybody’s hand in this space. A huge amount of effort and energy has gone into consultations and into all the prototypes for the SFI modules. A huge amount of consultation has been done with the industry. Defra teams and Ministers have gone to agricultural shows; they have gone around the block telling everybody, “You have to pay attention; there is change coming”. But, as with all things in life, sometimes you start to pay attention only when it starts to hurt the wallet.

I know that there is a degree of concern and a degree of change but, as I think everybody recognises, this transition is long overdue. We really need to get on with it, so I am grateful for the overwhelming support. This is something that we should plug on with.

I will try to answer a few specific questions now. I was asked about financial support for farmers in the event of a crisis or financial emergency. In the event of an exceptional market disruption, the Government have powers to act to support farmers by making a declaration under Section 20 of the Agriculture Act 2020. These powers are intended to deal with unforeseen short-term shocks to agricultural markets where there is an adverse effect on the price achievable for one or more agricultural products. We have seen some pretty big shocks over the past few years, some caused by the weather and some caused by world events. The Government continue to keep this measure as a backdrop. I know that we look at it and think about it, but we have not got round to using it yet. I hope that it is a rainy day one that never has to come out.

Quite a lot of questions were asked about the rationale for delinking. I hope that I covered a lot of this in my opening comments but, broadly speaking, it is vital that we continue gradually to move away from untargeted subsidies as planned because these payments have inhibited productivity improvements and are, I believe, fundamentally unjust. The scheme that we have now delivers a much better outcome and will deliver a much better outcome in the long term.

The noble Earl, Lord Russell, and my noble friend Lady McIntosh asked whether this is the right time to go through a reduction in the BPS, given the weather and other activities. The Government recognise that many farmers are facing challenging conditions—not least the extreme wet weather, which was referenced several times during the debate and has affected enormous parts of the country—but cancelling the planned reductions to delinked payments is not an effective way of addressing these challenges or setting businesses up for a successful future. The longer we hang on to this, the longer we hold everybody back. These payments are untargeted, so increasing them does not direct support to those who most need them. In fact, you do not have to be a farmer to be in receipt of delinked payments now; if you have retired from farming, you will still get what you were due. Perpetuating that is not a helpful way of addressing either today’s issues or the issues that will undoubtedly come in future.

The noble Baroness, Lady Hayman, and my noble friend Lady McIntosh asked a couple of questions about tenant farmers and small farms. This is a challenging area but, on the basis that the basic payment scheme paid you for the chunk of land that you owned, the smaller the chunk of land, the less money you get. This transition allows you to earn more money on a smaller farm, by picking up the delinked payments and engaging with the SFI options. Again, I appreciate that this is challenging because you have to think about what you are doing and you will probably have to make some adjustments to your farming model but, as I have said, this has been signalled to the farming community—small farmers, tenant farmers and large farmers—for a long time. It will take a little time for it to bed in. The money is available; you just have to work out how to go and get it. The money is there. Noble Lords look as though they do not believe me, but it is. The options and choices are there. You have to go out and engage with that.

The noble Earl, Lord Russell, asked what had been done about an impact assessment. One has not been prepared for this instrument because it is not a regulatory provision. However, the Government have already published evidence providing in-depth assessments of the impact of removing direct payments. This includes the 2018 and 2019 farming evidence compendiums, our 2018 assessment of the impact of removing direct payments, and the 2021 and 2022 Agriculture in the United Kingdom evidence packs. If the noble Earl wants more information on that that I can supply, I would again be delighted to do so.

[Earl Russell (LD)]

No evidence has been published on the implementation of the transition to date. There was no evidence in this pack on the impact of these changes. From my point of view, it made it quite hard to assess the changes.

[Lord Douglas-Miller (Con)]

It is pretty early days in this transition, so I am not anticipating that we would have that evidence. We do a lot of consultation directly with farmers and with the industry through organisations such as the NFU, and we have developed a new food index to look at how that might be impacting food security, so quite a lot of measures are evolving and coming through. I would suggest that it is a little early to try to measure impacts at this stage.

I think the noble Lord, Lord Teverson was keen to understand what consultation we are doing with industry and how we are working with it. Have I got that right?

Management of Hedgerows (England) Regulations 2024

Earl Russell Excerpts

Monday 20th May 2024 Grand Committee

[Lord Teverson (LD)]

My Lords, I declare my interest as chair of the Cornwall & Isles of Scilly Local Nature Partnership, and I will come back to a particular regional issue in a minute.

I agree with the Minister on the emotion and feeling concerning hedges. Cornwall was one of five—I think—pilot local nature recovery strategy areas. We went through a long process of consultation with the public on the priorities for local nature recovery and habitat. Hedges came out top by far. People feel very strongly about them emotionally, but exactly as the noble Baroness, Lady Young of Old Scone, has said, they are an essential part of our rural habitat, particularly in connecting areas of environmental importance.

I want to ask some straightforward, short questions on issues that I did not understand. First, the instrument refers to “the Regulator”. Maybe the Minister explained this, but I am not clear: who is the regulator? I presume that this comes back to one of the Acts referred to in the statutory instrument.

Also, who is the enforcer? I was quite surprised to understand from the Minister that the enforcer is probably the RPA, which has a role in payments for SFIs and some other Countryside Stewardship schemes. I am not sure about that, but there is some confusion over environmental regulation and who things should be reported to. Occasionally, it is Natural England but usually, strangely, in relation to most environmental and countryside regulations, it is the police.

As the noble Lord just said, farmers are very good at complying with such regulations because they value their own hedges. If a member of the public happens to see someone transgressing them, who should they telephone or get on to? Is it the RPA, the police, or Natural England? This is something we are going through in Cornwall, making the position clear on environmental infringement. I would not expect this to be a huge issue, but who should they go to?

My final question is on a matter very close to our hearts in the far south-west: Cornish hedges, which are a hybrid between the stone walls that you might find in Yorkshire and hedges as we would normally understand them. They are the key way to create field divisions in Cornwall. I do not quite understand whether Cornish hedges are included in this selection.

I agree absolutely with the noble Baroness, Lady Young of Old Scone, particularly regarding the exemptions. I cannot understand the five-year rule. It seems to me even more vital that young hedges are protected, so I encourage the Minister to bring forward yet another statutory instrument to change that.

[Earl Russell (LD)]

My Lords, we too welcome these regulations. This instrument was noted by the Secondary Legislation Scrutiny Committee. Hedges are a crucial part of our historic landscape, living landscape and biodiversity, so anything we can do, cross party, to improve and promote them is extremely important.

These draft regulations propose new legal requirements for the management and protection of hedgerows on all agricultural land in England. The Explanatory Memorandum notes that the new rules will “broadly replicate” the previous cross-compliance requirements under the EU’s common agricultural policy, which linked the management and protection of hedgerows with subsidy payments.

The cross-compliance system ended on 31 December 2023, as part of the Government’s wider agricultural reforms in England and the transition to domestic schemes after Brexit. This instrument will finally close the gap in protections since 31 December 2023, requiring farmers and land managers to maintain green-cover buffer zones of 2 metres from the centre of the hedgerow, prohibiting cultivation or the application of pesticides or fertilisers and reintroducing a ban on cutting or trimming of hedgerows between 31 March and 31 August to protect wildlife during the bird nesting season.

The Secondary Legislation Scrutiny Committee reports that it asked Defra whether any cross-compliance requirements would not be replicated, and the department replied that the SI was described as “broadly” replicating

“because it is not an exact replica of those rules”.

The Minister has spoken to the fact that the SI extends the scope of the requirements to some hedgerows that did not fall under the previous cross-compliance rules. Cross-compliance rules applied only to those farmers in receipt of the common agricultural policy direct payments.

Under this SI, the requirements on hedgerow management will apply to all agricultural land, as defined, including some land which was not subject to direct payments—such as allotments and land with horses—and, as we have heard, farms of less than 5 hectares which had previously been exempt from cross-compliance. As a result, the SI in effect offers greater compliance for our hedgerows.

The broadening of hedgerow protection is welcomed; indeed, the consultation showed 95% support. However, will the Minister confirm that that understanding of “broadly” is indeed correct? Further, as has been mentioned already, paragraph 5.2 of the Explanatory Memorandum states:

“These requirements will protect hedgerows that are deemed ‘important’ in this instrument for the purposes of the power to regulate in respect of hedgerows in section 97 of the Environment Act 1995”.


Will the Minister explain the meaning of the word “important” in this sentence? I ask the Minister to consider, as others have mentioned, the exemption of fields under 2 hectares and hedgerows less than 5 years old and the possible need to extend the cutting period. Will he keep them in the department’s sights to see whether these regulations will, in time, need further reform or strengthening?

The SI covers only hedgerows on agricultural land, as defined. Do the Government have any intention to extend these protections to hedgerows managed by local authorities, such as on golf courses? A lot of our hedgerows are not on farmland; they are also in other places.

Regarding paragraph 8 of the Explanatory Memorandum, can the Minister give a clear indication of when he expects the department to publish guidance on enforcement, and what information and funds will be disseminated to ensure that it is understood and properly enforced? Will he provide some estimate of the proposed cost of fines based on the financial benefit derived from any offences under the SI?

Finally, paragraph 11 of the Explanatory Memorandum notes that the SI will come into force “the day after” today. I welcome that, to minimise the gap in compliance. Is the Minister aware of whether there has been any damage to our hedgerows as a result of the gap in the legislation? Has the department done any checks on that? If not, will it do so to see whether any damage to hedgerows has happened in that period?

[Baroness Lawlor (Con)]

My Lords, I rise briefly to say that I welcome these regulations very much. I am very glad that the department is taking its responsibilities to hedgerows seriously, but I think we could be encouraged to do a little bit better than the EU. I echo what noble Lords have said about extending the period, perhaps, or encouraging alternate sides of the hedgerow. Are there are any plans to do so? I say this not just because of the shelter they give wildlife or the food for birds over the winter but because there are some birds, such as the blackbird, that can have a late brood in August. After 31 August, these fledglings may seek shelter on the ground beneath the hedgerows. I think that maybe we could think of extending the period in certain parts.

I also echo the question about whether there is any requirement on local authorities; will the regulations extend to local authorities or just to privately owned land? I leave it at that, but I would be very grateful to hear any thoughts.

Fly-tipping

Earl Russell Excerpts

Tuesday 14th May 2024 Lords Chamber

Asked by

[Earl Russell]

To ask His Majesty’s Government what steps they are taking to reduce fly-tipping and its impacts on natural environments.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)]

My Lords, I declare my interests as set out in the register. Fly-tipping and illegal dumping of waste blight our local communities and damage the environment. The Government have given the Environment Agency an extra £10 million a year to tackle waste crime, including illegal waste sites and large-scale illegal dumping, which is often perpetrated by organised crime syndicates. We are also helping councils to take tougher action on local fly-tipping by more than doubling the maximum on-the-spot fine and providing £1.2 million in grants, with a further £1 million to follow later this summer.

[Earl Russell (LD)]

My Lords, large-scale criminal enterprise fly-tipping is out of control and increased by 13% between 2021 and 2022. In areas such as Hoads Wood it was reported that up to 30 trucks of illegal waste were dumped every day between July last year and January this year, with no effective action taken. Campaign groups estimate that it will now cost £10 million to clear up the waste. Will the Government commit to meeting the full costs of this clean-up and undertake a review into this specific case, to assess the resources and effectiveness of enforcement action against large-scale fly-tipping?

[Lord Douglas-Miller (Con)]

I completely agree with the noble Earl that the illegal dumping of waste at Hoads Wood is appalling, and a full criminal investigation is under way. I am unable to comment further on the details of that live investigation as I do not wish to prejudice potential enforcement action. However, I assure the House that the Government are determined to bring those responsible to account. Specifically on Hoads Wood, the Secretary of State has written to the chief executive of the Environment Agency, asking him to draw up delivery plans to ensure that appropriate action is taken to resolve this wholly unacceptable situation. As part of that, we will consider how best to support the clearance of waste from the site. The Environment Agency has powers to recover the cost of action to clear the waste from those responsible. The Secretary of State has also asked the chief executive of the Environment Agency to review the agency’s actions in relation to the site, including what lessons it and other agencies involved in the local partnership tackling this can learn.

Water Companies: Licence Conditions

Earl Russell Excerpts

Wednesday 1st May 2024 Lords Chamber

[Earl Russell (LD)]

My Lords, does the Minister agree that the continuing secrecy and uncertainty surrounding the future of Thames Water is unhelpful and damaging to the water sector and the whole UK economy? When does the Minister expect to fully update the House and provide some certainty on Project Timber, the Government’s contingency plan for Thames Water?

[Lord Douglas-Miller (Con)]

The noble Earl knows that it would be improper of me to comment on the details about Thames Water. I assure him and the House that we are taking an extremely close and careful look at this. It is in all our interests that the financial resilience of our water sector, as well as the individual players within it, is maintained and enhanced to ensure the level of investment required to improve water and address the issues related to sewage.

Chemicals Strategy

Earl Russell Excerpts

Tuesday 30th April 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

The noble Baroness is quite right. Forever chemicals are a serious concern. They are linked to a number of different firefighting products—the foam and chemicals that come out of the extinguishers present a particularly serious issue, and not only to those who are using them, for that product gets inextricably linked to the environment around it. A number of issues which will come through in the strategy are in place to address that.

[Earl Russell (LD)]

My Lords, how long do the Government plan to keep granting emergency exemptions from the ban on neonicotinoid pesticides? When are they planning to ban these dangerous substances permanently?

[Lord Douglas-Miller (Con)]

My Lords, as the noble Earl knows, restrictions preventing the general use of three neonics in agriculture have been in place for several years. The Government continue to support these restrictions and have no intention of reversing them. A neonic seed treatment, Cruiser SB, is allowed to be used on sugar beet in England only if yellows virus is predicted to pose a threat to that year’s crop. This decision is not taken lightly and is based on a robust assessment of the environmental and economic risks and benefits.

Pollution in Rivers and Regulation of Private Water Companies

Earl Russell Excerpts

Thursday 29th February 2024 Lords Chamber

[Earl Russell (LD)]

My Lords, it is a pleasure to speak in this debate. I thank my noble friend Lady Bakewell and all those who are speaking. I will talk about the scale of the pollution problem in our rivers and the causes, and will suggest some possible solutions.

The scale of the Government’s overall environmental ambitions is to be commended. This is the first Government to have set a target to leave nature in a better place than they found it, but there is much to do and time is short. My overall message is that more must be urgently done at scale and at pace to meet the targets that the Government have set themselves. Clear plans, clear policy direction, clear timescales for action, monitoring regimes, and a clear and consistent direction of travel and political messaging are all vital to secure the planning, investment and action needed to achieve these objectives at scale and on time.

Water quality was awful but, thanks mainly to EU measures and their enforcement and monitoring, it improved in the past. Progress is either slipping back or stagnant at best. Nowhere is the scale of the challenge clearer than the daily scandal of raw sewage being discharged into our waterways unabated while water company bosses continue to pay themselves millions in bonuses with seeming impunity from the harm their companies do. Our rivers and inland waterways are in a desperately sorry state. The combined impacts of sewage discharges and pollution from farming and agriculture, chemicals, road networks and urban spaces are taking their toll.

The recently published Rivers Trust State of Our Rivers Report found that, of our rivers:

“0% are in good overall status … 0% are in high overall status … 23% are classed as in poor or bad overall status … 85% of river stretches fall below good ecological standards; only 15% achieve good or above ecological health status”.


The report found that very little had changed or improved since the last full report in 2019. Worryingly, river sampling has also decreased, with nearly 6% fewer river stretches receiving health clarifications compared with 2019.

What a sorry situation this is. From Pooh-sticks to the simple pleasures in life of sitting by a cooling river on a warm day, and for the 7.5 million people who regularly wild swim, our rivers and lakes are precious and life affirming. As the noble Baroness, Lady Jones, said, people care passionately about our rivers, which occupy a deep and sacred place in our natural soul and well-being. Their health is an election-defining issue that this Government need to invest more commitment and energy into.

The Government should be aware that there is a reason for the Liberal Democrats going on—and, at times, on—about sewage in our rivers. It is not just because my party cares about these issues but because we know that the Government’s voters care just as much. My party is committed to protecting our natural environment. That protection will be at the heart of our overall policy approach. Everyone should be able to enjoy access to nature, free of this mess and its risk to their health.

The water companies have failed to invest in water infrastructure, especially at a time when interest rates were historically low. In 2011, for example, Defra’s Water for Life paper found that only 1% of public sewers were replaced between 2000 and 2008. At that continued rate, it would take 800 years, or 10 times longer than a life cycle, to replace them all. This lack of investment has continued until today, with Ofwat finding a £587 million water company underspend for the years 2020 to 2023. At the same time, the shareholders continue to receive record bonuses. Poor regulation and enforcement across several sectors are making things worse. The Environment Agency saw its environmental budget more than halve in 10 years, from £170 million to £76 million in 2019-20.

As a result, it is struggling to monitor and enforce the rules. Ofwat has similarly failed to hold water companies to account. It has prioritised low bills for customers over the need for investment in networks and environmental protections. We have seen a revolving door between Ofwat and the water companies. The question remains: who regulates the regulators? We need clear and enforceable statutory regulations for long-term improvements in overall water health to be added to the Environment Act 2021.

Sewage may be in the public consciousness—and, in too many cases, people’s nostrils—but it is only a small part of the overall pollution problem. Land management practices must change. This is an issue that the Government have failed to tackle. ELMS has been rushed. Too much money is given to big agricultural businesses. Our small farmers are excluded and are suffering. Many more small-scale farmers must be brought into the scheme, and more help must be provided for them to make applications. The programme must adequately compensate farmers for the nature-friendly practices that we all need and depend on. There is far too little monitoring of our waterways and far too little understanding of the dangerous cocktail of chemicals, and for ever chemicals, that are still present. When do the Government plan to bring forward their chemicals strategy, a key call of the recent OEP report?

The impacts of climate change are real and are happening now. The average UK winter has become around 1 degree warmer and 15% wetter over the past century. We are seeing more rain and it must go somewhere. We must work to separate rainwater from our sewerage systems. Climate change puts increased pressure on the systems and overwhelms them. Heat will increase pressure for water abstraction, and floods bring increased risks of pollution events. I warmly welcome the £25 million of government money that was announced last week to work with nature, not against it, to help with flood management. It is a welcome sign of a change of direction, but we could have had £250 million and that still would not have been enough.

We need more whole-catchment-area, nature-based approaches to slow water, hold and release it slowly to protect soils, and to filter rainwater prior to it entering our waterways. We must do more to work with nature, not against it, in an age of extreme weather. We need long-term plans and greater ambitions from this Government. Ambition must be accompanied by consistent political will, determined action, adequate investment and regulatory regimes that are statutory, well-funded, enforced and fit for purpose.

My party is clear: we are determined and committed to real change in these areas. We will transform the private water companies into public benefit companies. Our view is that Ofwat has failed to get to grips with the problems and define solutions, so our policy is to abolish Ofwat and replace it with a more effective regulator with more powers to directly intervene with speed and much-needed enforcement teeth. We will ensure that there is more adequate funding for regular monitoring of all our waterways. The Liberal Democrats are also committed to introducing a sewage tax on water company profits to fund the clean-up of the most polluted inland waterways and our coastline. We will also introduce compensation for swimmers, and others, who fall sick after exercising in water. These are our policies for change. I kindly ask the Minister: what plans do the Government have to offer?

Right to Roam

Earl Russell Excerpts

Wednesday 21st February 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

As a small farmer as well, I sympathise with my noble friend. Getting the balance right between responsible access and the other legitimate uses of that land is critical. In future, I hope that we can strike that balance correctly.

[Earl Russell (LD)]

My Lords, a recent survey showed that there were 32,000 blockages on our public footpaths. Further to the points already raised, it is extremely important that our footpaths are clear and accessible. Will the Government therefore consider providing long-term funding to local councils, which have the legal responsibility but not the resources to keep our public footpath networks open?

Environment Agency: Flood Defence Expenditure

Earl Russell Excerpts

Tuesday 20th February 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

Indeed they do. A significant amount of research is ongoing around this issue. It is obviously very topical. Perhaps, once that research has been published, I can come back to the noble Earl.

[Earl Russell (LD)]

My Lords, the National Audit Office has noted that the Government have not set targets for the level of flood resilience they expect to achieve, and have not mapped any solid plans beyond 2026 to bridge the gap between their short-term actions and longer-term objectives. When will the FCERM strategy be updated, and are the Government planning to provide longer-term stable funding?

[Lord Douglas-Miller (Con)]

The Government have a very large budget for this spending period—£5.2 billion—and we are about half way through that process at the moment. The future funding arrangements will be subject to a funding review at the end of this period.

Met Office: 2023 Temperatures

Earl Russell Excerpts

Tuesday 6th February 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

As I said, NAP3 marks a step change in the Government’s work on climate adaptation, moving from planning to decisive action and delivery over the next five years. A key element of NAP3 is a much greater focus on monitoring, evaluation and learning than we have ever had before. Government departments will monitor the success of their actions throughout the programme, which will allow us to continually increase ambition in areas where risk reduction is insufficient.

[Earl Russell (LD)]

My Lords, there were 44,000 wildfires last year, an increase of 72% on the previous year. In the words of the Fire Brigades Union, the UK is “woefully unprepared” for the impact of climate change on wildfires. Does the Minister support the Fire Brigades Union’s call for a national wildfire strategy? What investments are being made in people, better equipment and training to fight against the increased risks of wildfires?

[Lord Douglas-Miller (Con)]

I thank the noble Earl for his question; it is extremely relevant in the current climate crisis. Wildfire represents a serious threat to large parts of the UK—not just England but the whole of the UK—and the Government are extremely supportive of any measures to address the issue. I will come back to him in writing on his specific question.