Domestic Animals: Welfare

Lord Benyon Excerpts

Thursday 13th July 2023 Lords Chamber

[Lord Black of Brentwood (Con)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I note my interest as vice-chairman of the APPG on Cats.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, the Government are committed to the ambitious agenda detailed in our manifesto and Our Action Plan for Animal Welfare. We have delivered six pieces of primary and four pieces of secondary legislation. We supported three Private Members’ Bills and have one statutory instrument before Parliament. We launched the animal health and welfare pathway for farm animals in England and we will introduce and support legislative and non-legislative reforms to improve animal welfare during this parliamentary Session and beyond.

[Lord Black of Brentwood (Con)]

My Lords, I congratulate the Government on introducing a compulsory microchipping scheme for cats, which is excellent news. As we know, the kept animals Bill is not going ahead and there will be separate legislation to implement it. A key proposal was to tackle the horrible crime of pet theft, specifically of dogs—I am afraid that cats did not get much of a look-in, despite the fact that the wicked crime of cat theft is on the increase, having quadrupled since 2015. Can my noble friend the Minister tell us when legislation introducing a specific offence of pet abduction will be brought forward and confirm that it will be in this parliamentary Session, as there must be no delay? Will he commit to including cats in it from the outset, given that the devastating impact of losing a beloved cat is just as dreadful and painful as the loss of a dog?

[Lord Benyon (Con)]

I pay tribute to my noble friend for his keen interest in this issue. He is absolutely right that the theft of a pet can have a devastating effect, not just on the welfare of the pet but on the owner. I am pleased that we intend to legislate on this during the remainder of this Parliament. Our new approach to measures that were previously in the kept animals Bill means that we can go further; we could include cats in the offence of pet abduction, which campaigners have been calling for. We recently legislated to require cat microchipping, in addition to dogs, which can provide an effective deterrent against theft. In the meantime, other recommendations from the pet theft task force are being taken forward.

[Lord Trees (CB)]

My Lords, as a nation of animal lovers we have a somewhat paradoxical attitude to animal welfare, in that some of our most popular dog breeds have such extreme physical conformations that they are predisposed to lifelong health problems. A good example—or bad example, I should say—is the so-called brachycephalic breeds, with very short noses. They suffer chronic respiratory problems, birthing difficulties and a host of other problems throughout their lives. In the light of the actions taken on health and welfare grounds by the Dutch and Norwegian Governments on the breeding of certain dogs, what is His Majesty’s Government’s assessment of the health and welfare consequences of breeding brachycephalic breeds, such as the French bulldog and pug?

[Lord Benyon (Con)]

My Lords, the Government keep abreast of issues in breeding dogs through our engagements with the sector, including with the UK Brachycephalic Working Group. The Government prohibited the licensed breeding of dogs where their genetic traits, physical characteristics or health could reasonably be expected to result in health or welfare problems for the mother or puppies. Additionally, we raise awareness of issues associated with low-welfare supply of pets through our Petfished campaign.

[Baroness McIntosh of Pickering (Con)]

My Lords, as my noble friend the Minister is aware, the Covid pandemic led to a lot of people buying dogs for company and exercise. Since this time, many of these dogs have been rehomed, putting increased pressure on the dog charities. There also seems to be an alarming increase in puppies being born but not housed. Is there something the Government can do to keep an eye on this and help the charities involved?

[Lord Benyon (Con)]

The dog charities are doing wonderful work on this. I particularly praise the Dogs Trust, having recently visited one of its rehoming units. There is a serious issue around people being encouraged to spend enormous amounts of money to import pets from countries such as Romania, with a heart-rending story involving the welfare of a dog from there. But we have a large number of dogs that need to be rehomed here, through a process that is properly managed by really good charities, such as the Dogs Trust. I urge people to take that path, rather than spending hundreds of pounds on what is becoming an industry. While some people are doing it well, some are not. I encourage people to go through a registered charity and home UK stray dogs that need rehoming as a priority.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we have debated a number of statutory instruments that aim to improve the health and well-being of animals, including those on the prevention of puppy and kitten smuggling, and on the latest ban of electric dog collars. In the past, commercial kennels have been regulated, including their size, weatherproofing and bedding, and the separation of dogs from different owners was introduced. Can the Minister say whether these measures have been successful? How often are commercial kennels inspected?

[Lord Benyon (Con)]

We work with local authorities to make sure that that is happening. There is a standard required and I am pleased that it has been brought in. I am open to any suggestions of where there has been a failure in regulation, inspection or the physical circumstances of a dog. It is important that this standard is universally applied.

[Baroness Hayman of Ullock (Lab)]

My Lords, while much online animal torture content originates from abroad, some appalling photos and videos shared on social media platforms involve the abuse of domestic animals in the UK. In opposing my noble friend Lady Merron’s amendment to the Online Safety Bill yesterday, the Government insisted not only that online instances of animal mistreatment are covered by the 2006 Act, and are therefore in Defra’s remit, but that prosecutions against abusers are regularly brought. Can the Minister confirm the number of successful prosecutions in each of the last three years?

[Lord Benyon (Con)]

I do not have that information to hand. However, I hope that all in the House agree that posting grotesque acts of animal barbarity online should be controlled. We have to make sure that we have control over legislation that affects people in this country. If this is being done around the world, it is not impossible to legislate against it but it is more complicated. We want to make sure that, through this and other legislation, we are doing this in the right way and legislating where we can be effective.

[Lord Bird (CB)]

A very interesting point is that a dog can help humanise homeless people and others who are a bit lost, looking for their way in life. The problem is that there are few places where homeless people can take their dogs. It would be a good idea for the Government to lean on some of these hostels and temporary accommodation places to provide more for the dogs that people bring with them.

[Lord Benyon (Con)]

The noble Lord is absolutely right. For people who are in a particularly vulnerable state, whether they have a home or not, a pet can be an extraordinary addition to their life and can help their circumstances. Whether hostels allow dogs is a matter for the people who control those hostels. They might be able to work with organisations that can house the dog while the person is in a refuge, if those kinds of local partnerships are available. I am happy to discuss with the noble Lord how we can make more of that sort of thing available.

[Lord Kirkhope of Harrogate (Con)]

My Lords, my noble friend the Minister is aware of the increasing number of attacks on young children by dogs. Some terrible things are happening as a result of dog owners’ negligence. Does my noble friend agree that we should spend more of our resources on educating people who want dogs, so that they look after them, discipline them and make sure that these awful attacks do not take place?

--- Later in debate ---

[Lord Benyon (Con)]

Every time there is one of these attacks, there is a horrendous, heart-sinking story behind it. That is why we are working with professional organisations to ensure that the wrong kinds of dogs are not being kept in homes and that people are aware of how they should manage that risk. Sometimes the most tame and genial dog can turn in a heartbeat and become something that can damage a child or even take their life. It is a horrendous situation, and we are working with police forces and third sector organisations to make sure that we keep these awful tragedies to a minimum.

[Viscount Thurso (LD)]

My Lords, I return to cats and declare an interest as the property of a very sophisticated cat called Loki. Is the Minister aware of the problem of cats that are abandoned, particularly in rural areas, before they are microchipped, and the damage they do to other cats and wildlife generally? What can we do about that?

[Lord Benyon (Con)]

Millions of birds are killed by cats every year. We want cats to be owned and managed. The noble Viscount’s point is really important and also applies to dogs. If people are buying a cat, they need to go to a registered owner and make sure that it has been microchipped, which is now the law. Buying pets in pub car parks is where the problem starts. They have to be bought through a registered owner and people need to understand that a cat is for life, not just for Christmas.

Climate Change

Lord Benyon Excerpts

Tuesday 11th July 2023 Lords Chamber

[Baroness Jones of Moulsecoomb]

To ask His Majesty’s Government whether they plan to make preparations to adapt to a global temperature rise of 4 degrees Celsius above pre-industrial levels by 2100.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, the third climate change risk assessment provided climate projections for rises of 2 and 4 degrees centigrade by the end of the century. The upcoming third national adaptation programme—NAP 3—will set out the Government’s plans for climate risks and opportunities for a 2 degree warming scenario to continue to build a more resilient country, with a focus on enhanced ambition, implementation and evaluation. In developing NAP 3, departments were also advised to assess the risks for 4 degrees of warming by 2100.

[Baroness Jones of Moulsecoomb (GP)]

I am very glad to hear that; that is quite good news. With all his financial acumen, can the Minister also tell me which would cost more: allowing food price inflation, because of multiple harvest failures; seaside erosion and mass evacuations; communities and towns collapsing from floods, fires and general devastation; or making the right policies in the first place to be climate friendly?

--- Later in debate ---

[Lord Benyon (Con)]

The noble Baroness does not have to rely on my questionable financial acumen; the Office for Budget Responsibility concluded, before the current gas crisis, that investment in net zero by 2050 represents 0.4% of GDP in additional public spending, while delaying the net zero transition by 10 years would double overall costs. It highlighted that the costs of global inaction would significantly outweigh the costs of action. That is the sort of financial backing we have for our adaptation plans.

[Lord Teverson (LD)]

My Lords, last week we had the four hottest days for the globe in living history. Last summer, 60,000 people died of heat stress in Europe, including 3,500 in the UK. As temperatures rise, that will become an epidemic. Can the Minister say what the Government are doing to make public housing, homes and business premises resilient to heat stress? I do not see a government plan for that; could he tell me what it might be?

[Lord Benyon (Con)]

We have already introduced requirements for new residential buildings to reduce overheating risks, making them more suitable for the warming climate. We are strengthening the resilience of the housebuilding industry right across the piece and looking at the impact of not only heat events but floods. We are spending billions on adaptation through the Environment Agency to protect homes from both extremes of weather.

[Baroness O'Grady of Upper Holloway (Lab)]

Can the Minister tell us whether the Government plan to introduce a maximum working temperature for people at work?

[Lord Benyon (Con)]

I have no knowledge of plans to produce such data, but I will certainly find out from the relevant department and contact the noble Baroness.

[Baroness Boycott (CB)]

Given the information we have heard in the previous questions on how destructive a rise of even 2 degrees centigrade could be, why are we still considering licensing a new oilfield in the North Sea?

[Lord Benyon (Con)]

Oil as part of our economy is seen as a transition, and we want to make sure that we move our whole energy production to a renewable and non-carbon basis. The continued use of oil is inevitable, but we will continue to make sure that the economy is based on as much renewable as possible. If the noble Baroness, like me, goes on to the National Grid app, she can see that as of today, at this precise moment, energy from renewable way exceeds energy from oil and gas.

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

My Lords, has the Minister noticed that Green politicians tend to be a wee bit hypocritical? We have two Green Ministers in Scotland, Lorna Slater and Patrick Harvie, who go everywhere in chauffeur-driven cars when there is perfectly good public transport available, which I use regularly. Is it not about time that they lived up to their theories in their actions?

--- Later in debate ---

[Lord Benyon (Con)]

When I arrived at Defra in 2010, there were five ministerial cars; that has gone down to one, and I travel mostly by the use of an Oyster card.

[Baroness Bennett of Manor Castle (GP)]

My Lords, can the Minister tell me the comparative fuel consumption and emissions from a helicopter flight compared to travelling by car?

[Lord Benyon (Con)]

No, I am terribly sorry, but I am afraid that I cannot.

[Lord West of Spithead (Lab)]

My Lords, the rise in sea level means that there will be more sea. Does not the Minister agree that this is yet another reason why the Royal Navy might need more ships to patrol it?

[Lord Benyon (Con)]

That is a spectacular intervention on this subject. Interestingly, at the height of the Trump presidency, the Pentagon put out a piece of work where it referred to climate change as the “threat multiplier”. The nexus between the security implications of climate change and the environmental ones is absolutely fundamental to what we are trying to achieve. We are going to see a much more dangerous world, unless we can tackle these precise issues.

[Baroness Brown of Cambridge (CB)]

My Lords, I declare my interests as chair of the adaptation committee of the Climate Change Committee. Very hot weather often goes with periods of drought. Can the Minister tell me what he is doing to make sure that the farmers of the fenlands are able to water their crops this summer?

[Lord Benyon (Con)]

The noble Baroness raises a really important point. What we are doing through our environmental land management schemes and future farming is to try to make farming more resilient in so many ways. One of the great difficulties we face in the east and the south of England is that we have rainfall levels in many parts that are equivalent to some sub-Saharan African countries, and using water, slowing it and using it more sensibly, with the production of more reservoirs, is crucial. Also, the Bills that this House has passed, such as the one on gene technology, producing crops that are more resilient to drought, are really important.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, in his recent resignation letter, the noble Lord, Lord Goldsmith of Richmond Park, cited a concern that

“the UK has visibly stepped off the world stage and withdrawn our leadership on climate and nature”.

He told us:

“The problem is not that the government is hostile to the environment, it is that you, our Prime Minister, are simply uninterested. That signal, or lack of it, has trickled down through Whitehall and caused a kind of paralysis”.


Does the Minister agree with his former colleague?

[Lord Benyon (Con)]

This Prime Minister, when he was Chancellor of the Exchequer, agreed to the doubling of our international climate finance contribution to £11.6 billion, one of the most generous of any country. I have been to three recent COPs and seen that the United Kingdom is revered in this area of policy in a way that I cannot put words to, because we are leading on so much of this. At COP 27, the UK committed to tripling its funding for climate adaptation finance. In 2021, the UK was the first Government to endorse the principles for locally led adaptation, which has now been picked up by 140 countries. We are very much a leader, and I know that this Prime Minister, who gave that assurance again at the more recent COP, is right behind making sure that we are tackling this the greatest challenge that mankind has ever faced.

[Baroness Northover (LD)]

My Lords, will the Minister comment, therefore, on reports that the commitment he has just referred to is one that they intend to row back on?

[Lord Benyon (Con)]

I have no knowledge that we are going to row back on that commitment. It was made by three recent Prime Ministers, and we want to make sure that it continues.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister, in an earlier answer, referred in passing to the production—I think that was the word he used —of more reservoirs. Can he tell the House what plans there are for reservoir building in England at the moment and where those reservoirs are planned for?

[Lord Benyon (Con)]

My experience of this is that it is not quick enough. The River Thames is the conduit for water for a number of water companies in the south- east and it needs a reservoir in its headwaters. That has been being planned now for more than a decade and a half, and we want to see it built. It is unlikely to be built within the next decade because it is an incredibly complex process, but we are also looking at trying to move water more effectively. We can now move water from Yorkshire to Ipswich and from parts of Wales into the south-east of England—I know that is a controversial issue and I do not want to unleash the noble Lord, Lord Wigley, on that one. We are looking to use technology to move water more effectively.

[Lord Lilley (Con)]

Does my noble friend agree that, in contemplating how we prepare for the future, we should take into account the science, as prepared by the Intergovernmental Panel on Climate Change, which is summarised in table 12.2 of Working Group II. It says that, though of course the temperature is expected to rise if we follow the most extreme scenarios, as the noble Baroness, Lady Jones, has forecast, there is not expected to be, nor is there any sign so far of, any increase in droughts, floods, landslides or fires.

[Lord Lilley (Con)]

Deny the science if you will.

[Lord Benyon (Con)]

My experience in talking to members of the Intergovernmental Panel on Climate Change, the Royal Society and some of the best experts in the world on this is that there is a very real danger. While I respect my noble friend in so many ways, I feel I will listen in this case to members of the Royal Society and the Intergovernmental Panel on Climate Change, because they are the guardians of knowledge on this.

Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023

Lord Benyon Excerpts

Monday 10th July 2023 Lords Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I draw noble Lords’ attention to my interests in the register. I thank the noble Baroness, Lady Willis of Summertown, for introducing this Motion and the other noble Lords who have contributed to this debate. I too recognise the expertise of the noble Baroness; it is wonderful to have that kind of expertise. I so much enjoy how this end of the building attracts people with real knowledge, and I absolutely bow to the noble Baroness’s knowledge and experience on these matters.

I, my Secretary of State and others feel passionately that, in a way, we are lucky to be making policy on this issue. We have the chance to really make a difference, to reverse the declines in species and to address the greatest challenge that mankind has ever faced in climate change. I am grateful for her comments, but I assure the noble Baroness, Lady Hayman, that this Government not only are proud of our record on climate change and our leadership on issues such as this around the world but are determined to fix this at home. We cannot tell people abroad to put 30% of their land and sea into protection if we are not doing it properly at home and following the advice of experts.

Declines in nature have far-reaching impacts and implications, and reversing them is something that both I and this Government are committed to doing. Local nature recovery strategies are a key part of how we plan to reverse these declines and meet the ambitious targets set out in the Environment Act.

The development of these strategies builds on lessons learned from previous initiatives, which go all the way back to the national ecosystems assessment that the last Labour Government instigated and the natural environment White Paper that we introduced in 2011. That was clearly informed by the work of Sir John Lawton’s seminal Making Space for Nature report, which was fundamental to the kinds of policies we are now bringing forward.

To the noble Baroness, Lady Jones, I say this: I have a more positive view of humanity and certainly of the people drawing up these strategies. If they are not working across boundaries with their neighbours, I, as a member of the Wildlife Trusts, want to know why the Wildlife Trusts are not ensuring that they are. People will be writing to their local MPs. In this respect, civil society has an enormous job to do, quite apart from the guidance that we are giving to these LNRSs to make sure that they are working in a connected way.

I want to see from this a resurgence of the ambition that, for example, we saw with Big Chalk, which was an attempt to draw a degree of Lawton-esque connectivity between the North Wessex Downs and the Ridgeway, right through Wiltshire, over Salisbury Plain, across the downlands of Cranborne Chase to the Jurassic Coast. Cranborne Chase AONB has worked to map areas of species-rich grassland in the downlands—tiny pinpricks of different retained high-biodiversity grasslands. Joining them all up is exactly what this is about. It cannot be done just in Dorset or Cranborne Chase AONB; it has to be done by working across borders.

There is a requirement in LNRS regulations to share information and engage at strategic points in the process. Natural England, as the supporting authority for LNRSs, also has a lay role in making sure that happens.

Local nature recovery strategies will be a powerful new tool for helping public, private and voluntary sectors work together to decide where to focus nature recovery efforts to improve co-ordination, spatial coherence, efficiency and impact. The legal foundations provided by the Environment Act ensure that local nature recovery strategies will cover the whole of England and be locally led and supported by the best data that government has to offer. There is a difference of nuance here, a difference of opinion, and I entirely understand where the noble Baroness is coming from. I also understand what my noble friend says when he talks about the importance of this having a local heft, and that has to be the way forward—with some national guidance and sharing of data.

The regulations and guidance that form the backdrop to this evening’s debate ensure that the strategies will be prepared to a consistent high standard and properly involve key local partners in decision-making. As we have heard from Members of this House, there is real urgency in the need for action and, since the regulations and guidance were laid in March, we have continued to make rapid progress. At the end of last month, we announced the formal appointment of the 48 responsible authorities that will lead preparation of the strategies across the country and the £14 million the Government are providing so that they can do so.

We are committed to providing further guidance on links to the planning system and the national objectives we want local nature recovery strategies to contribute to, which will make even clearer the important role that we see these strategies fulfilling. I am really grateful to the noble Baronesses, Lady Parminter and Lady Jones, and others who are leading on the amendment in the Levelling-up and Regeneration Bill.

I know that we all want the same outcome. It is just a question of whether we have the right wording in the Bill that can deliver it. I cannot give the noble Baroness, Lady Hayman, an answer as to whether we are going to find accommodation in the wording of the amendment or in an alternative form of words, or whether we can find some other way of giving reassurance. I absolutely understand the sincerity of those who are asking for these measures.

The connection with the planning system is vital. I know that this is an issue of great and considerable interest to a number of noble Lords and I anticipate another passionate and informed debate when the amendment is considered on Report, which, as has been said, will happen very slowly.

[Noble Lords]

Oh!

[Lord Benyon (Con)]

Very soon—it will not happen slowly. While local nature recovery strategies should consider both habitats and species, this guidance refers more often to habitats. This is because habitat types give a helpful indication of an area’s general environmental characteristics, including which species it is likely to support and what environmental benefits it may provide.

Responsible authorities should refer to habitat types throughout their statement of biodiversity priorities to help them link together and connect the statement to the local habitat map. This is not in any way suggesting that habitats are more important than species. The importance of species is repeatedly highlighted throughout the guidance. I take the noble Baroness’s point, but I hope that we are moving in the right direction.

For nature to recover we need people to work together and, crucially, the people who decide how land is used and managed to be involved in identifying nature recovery proposals. The noble Lord, Lord Teverson, is right that farmers are pivotal in this. The best available data and the insights of experts such as the noble Baroness are hugely important too. We know that we need to target our efforts where they will achieve the most. Understanding this requires expertise and evidence, and the need for local nature recovery strategies to be evidence based is stated clearly in the statutory guidance. Our experts in Natural England have a crucial role to play.

The local nature recovery strategy regulations make Natural England a “supporting authority” in the preparation of all strategies. This gives it a strong say in what each strategy includes and in providing further guidance and advice if needed. We are keen that other experts also engage with the preparation of strategies in areas that they are interested in, to help strengthen and improve them, and they will have the opportunity to do so. As a Berkshire boy, I will be very upset if they are not talking to Hampshire, Oxfordshire, Wiltshire and any other surrounding areas producing these. The noble Lord, Lord Teverson, made the point about getting people from Cornwall and Devon to get on and talk to each other. That will be an achievement that he will be able to look back on as something that is good not only for those two counties but for nature.

This input from technical experts needs to be part of a wider open and collaborative approach—this will ensure that each strategy also benefits from local knowledge and understanding of the conditions on the ground—and to help build support for the action to be delivered. This is because local nature recovery strategies are designed to encourage and incentivise landowners and managers into making positive changes, not to force them to do so. Biodiversity net gain, the biodiversity duty on public authorities, planning policy, and private and public funding will work together to encourage action to be taken, with progress reviewed every few years and plans updated to reflect what has been done and what still needs to be done.

I know from previous conversations that the noble Baroness has concerns about biodiversity net gain. However, we are starting to see, through our early-stage pilot programmes, some really exciting connectivity being delivered in places such as London. The London Wildlife Trust is delivering biodiversity net gain in south-east London, with a development which will include 4,800 new homes over the next 20 years, alongside 20 hectares of parkland, connecting it to nature reserves at Kidbrooke Green and Birdbrook Road. This is an example of the sort of project that we want to see emerging out of a variety of different things that have come from the Environment Act.

Involving the landowners and managers in the preparation process and helping them to understand both the evidence base and the support from local communities for what changes are proposed can work alongside these other measures to persuade and enable changes to be made. Part of how we encourage this engagement is by being sparing in our use of technical language. However, I assure the noble Baroness that each strategy will still have a strong technical underpinning. How many strategies have sat on local government officials’ shelves and not been accessed by the public—people who mind about their local nature reserve and mind about their little piece of England, which they want to see restored? This must be, in the words and delivery, accessible, but it must also have that technical heft. Again, the role of Natural England in supporting every responsible authority is key, explaining the importance of increasing habitat connectivity and extent in planning for nature’s recovery.

With local nature recovery strategy preparation under way across England, we are at a critical point on the road towards reversing nature’s decline. Groups such as the RSPB have responded to the progress we have made to endorse the crucial role that strategies have to play, through ensuring that local action can deliver national progress for nature’s recovery. For them to truly succeed, we need to work together and to lend our support to encouraging others to do this. I urge the noble Baroness to add her considerable expertise to this common cause, which I know that she does, and for this House to provide their clear support.

Those words that politicians say but usually do not mean, about their door always being open, I really do mean. I am very keen for the noble Baroness and others who are greatly exercised that we get this right to meet me and my officials and to ensure that they are conveying their inevitable concerns about different parts of this very important work that we are doing, so that we can get this right.

[Baroness Willis of Summertown (CB)]

I thank the Minister for his response. We have had a good debate. I am mindful of time, so I will keep it short. I just say to the noble Lord, Lord Lucas, that I do not disagree; I think these need to be locally delivered. If you do not have local buy-in, it will not happen. All I am asking is that we also have scientific data underpinning those local delivery plans so that, at the end of the day, we can all say “Ah, species declines have stopped. Things are going up”. Without co-ordinating that centrally, I still struggle to see how we are going to add everything up.

Live Animals: Export Ban

Lord Benyon Excerpts

Monday 10th July 2023 Lords Chamber

[Baroness Hodgson of Abinger]

To ask His Majesty’s Government whether they are going to ban the export of live animals for slaughter and fattening.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, the Government recognise the long-standing public concern about livestock and horses being exported for slaughter and fattening. We are determined to deliver our manifesto commitment to end this trade. There have been no live exports for slaughter or fattening since 2020 and we want to make this permanent. We will be taking this forward during the remainder of this Parliament.

[Baroness Hodgson of Abinger (Con)]

I thank my noble friend for his Answer. Although almost no animals are being shipped abroad at the moment, this does not mean that the trade cannot be restarted, so I am very glad to hear that the Government will stick to their manifesto commitment. What will the timing be for the Bill? Please can my noble friend assure us that enough time will be given by the Government to get it through before the next general election?

[Lord Benyon (Con)]

I can assure my noble friend that this is a priority under Our Action Plan for Animal Welfare and that we will bring it forward in this Parliament. We want to make sure that, as she says, we stop the infrastructure that supports this trade. As I say, there have been no cases of animals transported for slaughter or fattening since 2021 and we want to make sure that we make that permanent.

[Baroness Jones of Whitchurch (Lab)]

My Lords, when will a suitable border inspection post be up and running in Calais? Can the Minister give a commitment that the ban will be introduced before live animal exports can go through Calais again, because I understand that that has been the barrier to there not being any in the recent past?

[Lord Benyon (Con)]

The noble Baroness is absolutely right. We are in negotiations with the French authorities, and we want to make sure that there is a good border control post at Coquelles. That will assist us as well with the illegal import of products of animal origin, which are causing us great concern for biosecurity. I cannot give her an exact date, but I feel sure that a post will be created, and that will regularise the trade in both directions.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, on 3 December 2020, the Government published a consultation on the banning of the live export of animals for slaughter and fattening, and this closed in February 2021. This measure was included in the kept animals Bill that went through the Commons and was killed off in May. Are the Government now relying on a Private Member’s Bill to bring this measure forward?

[Lord Benyon (Con)]

No, I am hoping that it will be a government Bill.

[Baroness Fookes (Con)]

My Lords, my noble friend has managed to assuage my wrath, for the time being. That is probably very unkind, because in the past I think he has been more the messenger than the author of the non-activity. None the less, can he tell all those involved in this matter that we and all those who are interested in animal welfare will be watching the timetable for this with the eyes of a number of hawks—so he had better deliver?

[Lord Benyon (Con)]

I sit in awe of my noble friend’s determination, and I want to make sure that there is no wrath in her. I gently remind her that we have a very good record on animal welfare. We have delivered in primary legislation the Animal Welfare (Sentencing) Act, the Animal Welfare (Sentience) Act, the Animals (Penalty Notices) Act, the Ivory Act 2018, which came into force in 2022, as well as measures to crack down on hare coursing—and with her assistance and that of the Government, the Glue Traps (Offences) Act. We will deliver many of the items of the kept animals Bill in a variety of ways, including through Private Members’ Bills, and we will make sure that they are on the statute book soon.

[Lord Trefgarne (Con)]

My Lords, can my noble friend confirm that there is no intention to restrict the movement of live racehorses from one meeting to another, which takes place on a considerable scale at the present time?

[Lord Benyon (Con)]

The passage of elite animals for competition and for breeding is absolutely open, and will continue—it has a very high welfare standard. There are issues about the cost and bureaucracy involved, but that requires both sides of the channel to be in co-operation. It is a very important industry in this country, and we will support it.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this was a manifesto promise by the Government years ago, yet for some reason they have consistently put it off—they have announced new powers and then put it off again. It was said that it was Brexit that was stopping it from being enacted. Brexit is done and dusted, so why has it not happened? Either Brexit has not happened, or the Government are just rubbish.

[Lord Benyon (Con)]

It is certainly not the latter. You have a manifesto commitment, which you deliver over the course of a Parliament—that is what we are going to do. But the noble Baroness can sleep easy, because not one single animal is being exported. There is one vessel, the “Jolene”, which operates out of Ramsgate, which has not exported a single animal for fattening or slaughter. The concern that people have is that animals are going to be exported to other parts of Europe that have lower welfare standards in their slaughterhouses than we do in ours. That is a legitimate concern—and something that the Government want to make sure will not recur.

[Baroness Hayman of Ullock (Lab)]

My Lords, the Minister said he hopes this is going to be a government Bill, so why does he not just bring back the kept animals Bill?

[Lord Benyon (Con)]

One of the items in the kept animals Bill, on the keeping of primates as pets, is a good example of something we can deliver more quickly than we could in an all-encompassing Bill, and we are going to do that through secondary legislation. We are in consultation with a number of people who will bring forward items through Private Members’ Bills, with the Government’s support. We want to get all of them on the statute book, but I hope that the noble Baroness, like me, is proud of what this Government are doing for animal welfare.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend give the House an assurance this afternoon that the ban is reciprocal and that we will not be importing live animals from the EU for slaughter and fattening in this country?

[Lord Benyon (Con)]

There has never been a significant import trade for slaughter or fattening. For example, from 2019 to 2021, only 91 cattle and 14 sheep were imported for slaughter from the mainland EU. A key concern of many of those who opposed live exports was that once they are exported to the EU, we do not know where they are going. We can now make sure that, through the actions of the Animal and Plant Health Agency, we are keeping track of everything, so we want to make sure this ban is in place as soon as possible.

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

My Lords, I have been listening carefully to the Minister’s reply. He said the legislation will be brought forward in this Parliament, not in this Session of Parliament, so the noble Baroness, Lady Fookes, is very wise to keep an eye on what the Minister is up to. Can I help him? I have a suggestion. We can have it in this Session of Parliament; all the Government need to do is to withdraw immediately the Illegal Migration Bill.

[Lord Benyon (Con)]

I will of course pass on the noble Lord’s words to the business managers, but I totally agree with him that the noble Baroness, Lady Fookes, is wise.

[Lord Weir of Ballyholme (DUP)]

My Lords, this was a key element of the kept animals Bill, which has now, sadly, been shelved. The Minister indicated that he intended and hoped that this would be brought forward as government legislation during this Parliament. Can he outline what other elements of the kept animals Bill he will be bringing forward as government legislation during this Parliament?

[Lord Benyon (Con)]

I certainly can. In addition to the list I gave earlier, we are bringing forward the Hunting Trophies (Import Prohibition) Bill; we have supported the Shark Fins Act and the Animals (Low-Welfare Activities Abroad) Bill; the Animal Welfare (Electronic Collars) (England) Regulations are now on the statute book; and we are supporting other Private Members’ Bills. As I said, some items can be done in secondary legislation, but we want to make sure that, as was listed in Our Action Plan for Animal Welfare and in our manifesto, all items will be on the statute book, but there are a variety of vehicles for delivering them.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, will the Minister indicate whether this legislation will be in the forthcoming King’s Speech? What discussions have already taken place with devolved Administrations, because there is general UK-wide interest in maintaining animal welfare and safety?

[Lord Benyon (Con)]

The noble Baroness is absolutely right. The consultation was done in conjunction with the Welsh Government. We are talking to our colleagues in Scotland to make sure that they are with us on this. Of course, in Northern Ireland there is a different circumstance, because long before we left the EU there was a one-island policy on biosecurity. There is, from the animals’ point of view, no difference between moving an animal for slaughter from Fermanagh to Cavan, but there is a big difference in moving an animal across the channel to a completely different animal welfare regime. We want to work closely with our colleagues in Northern Ireland to make sure there is free movement of animals within our biosecurity system.

Water Industry: Financial Resilience

Lord Benyon Excerpts

Tuesday 4th July 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, back in December last year, Ofwat outlined concerns about the financial resilience of several water companies, and now we see that the ratings agency S&P has negative outlooks for two-thirds of the UK water companies that it rates because they are overleveraged and beholden to too much debt that was taken on in an era of low interest. How does the Government’s assessment of the overall resilience of water companies compare with that analysis? Have the Government looked at the impact on customers of these financial deficits, and how will they encourage investment into much-needed infrastructure in order to secure reliable and sustainable water supplies for the future?

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I thank the noble Baroness for her questions. First, this will not impact on customers. Their bills are regulated by agreement with the regulator, Ofwat, and we do not expect any reduction in service—that is also strictly monitored. We think that investment by water companies into our water sector infrastructure is important, which is why we have agreed that there will be the largest-ever investment—£56 billion—to see our infrastructure further improve.

Since privatisation, £190 billion of capital investment has been made. In real terms, that is twice what was happening at the same rate prior to privatisation. We have also seen improvements in the provision of water for customers, and we want to see that continue. We look very carefully at, and work with, Ofwat and the water sector on concerns about leverage—I share the noble Baroness’s concern about some of the companies’ degree of leverage. It is interesting that the level dropped last year from 72%, where it was in 2021, to 68%, which was roughly the same as it was in 2005, having risen from 37% when the previous Government were in position. However, Thames Water in particular has a much higher leverage rate, which has rightly caused concern for the Government and the regulator. That is why we are working with it to make sure that it is viable. We believe that with £4.4 billion of liquidity in its business, it can trade through this.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, Thames Water is not the only company causing concern: Southern Water, Yorkshire Water and South West Water were mentioned in the other place. Last year, £1.4 billion was paid out in dividends. Meanwhile, sewage poured into waterways, flooding affected many areas, and others had their water delivered in bottles. Ofwat cannot solve these problems. Surely it is time for the Government to take back control and sort out this essential service.

[Lord Benyon (Con)]

We think that the model that operates at the moment is the right one. We have seen more investment, but if the Government took back control, that would, in effect, put the onus back on the taxpayer. That would mean that I or the Secretary of State would have to get in the queue behind the health service, pensions, and all other areas of government spending to get the right levels of capital investment we need in the water industry.

We think that the £56 billion can be afforded at a relatively modest increase of around £12 per household. For roughly £1.20 a day, households receive the water they need and sewage and dirty water are removed from their homes, and there has been a massive increase in spending on the infrastructure we need, some of which is still in need of changes. Through this model, we have delivered a better outcome for the consumer and for the taxpayer. We have concerns, and I share the noble Baroness’s concerns, certainly about the issues relating to Thames Water and one or two other companies. Ofwat has been proactive in trying to resolve the concerns with those companies, and we are watching the situation very closely.

[Baroness McIntosh of Pickering (Con)]

My Lords, I declare my interest as co-chair of the APPG on Water. My noble friend will recall that alarm bells rang some years ago when a number of water companies were based offshore in places such as the Cayman Islands, which seems singularly inappropriate. I congratulate my noble friend on putting in the statutory and legal effect that dividends and bonuses must now be linked to environmental performance. Does he imagine that that will have an immediate effect or will it take some weeks and years before it comes into force?

--- Later in debate ---

[Lord Benyon (Con)]

I welcome the fact that overseas investors want to invest in our regulated utilities sector. We must remember that actions that Governments take on one element of the regulated utilities sector can have impacts right across it, but I appreciate the comments from my noble friend. We have introduced new legislation to support our ambitions to bring into force stronger powers for our regulators to tackle pollution and improve transparency with the public so we can hold water companies and polluters to account. Through the Environment Act 2021, we have also introduced a statutory duty for water companies to achieve a progressive reduction in the adverse impacts of discharges from storm overflows. This is in addition to new, legally binding targets to significantly reduce pollution from farming, wastewater and abandoned metal mines; and the water demand target to reduce leakage, increase the resilience of supplies and leave more water in the environment.

[Lord Sikka (Lab)]

My Lords, I should be grateful if the Minister can clarify two points for me. In the other place, the Minister mentioned £190 billion of investment by water companies. That does not seem right, because it appears to me that companies are capitalising repair and maintenance costs, which is contrary to good accounting practice. Could the Minister check on that? Secondly, looking at the last two years’ accounts of Thames Water Utilities’ holding company, I see dividends of £70 million, plus £452 million interest paid on loans from other group undertakings. That sounds incredibly suspicious and is a form of profit-shifting and tax abuse. Please can the Minister get his colleagues, or his own department, to look at those things and report to the House.

[Lord Benyon (Con)]

The £190 billion is the amount water companies, with regulator approval, have invested in our water infrastructure. Thames Water has not paid out any dividends to its investors, but it has paid out dividends to its holding company to finance its borrowings. In 2017-18, it was £55 million; in 2021-22, it was £37 million; and it has since been, roughly speaking, around and between that. The figure is lower this year than it has been in the past. It has also recently secured from investors a further £500 million, and, as I said earlier, its liquidity, at about £4.4 billion, means that it is a viable trading company.

[Lord Teverson (LD)]

My Lords, it seems to me that there is a real cultural arrogance within the management of water companies, and a feeling that however fast and loose they play with financial engineering, they are too important to fail. Does the Minister agree?

[Lord Benyon (Con)]

I can speak only across the whole range, and there are some very good, well-run water companies and some to which, in the past, I would have applied some of the words that the noble Lord used. I think the message has really come home to roost, not least from this place and the other place, but also from a general feeling of anger among the wider population about the degree of pollution. One reason for that anger is that we have provided the public with the information, and I am extremely proud that we did. We used to know about 5% of the sewage outflows; we now know about nearly 95%, and by the end of this year it will be 100%. We have made that information public—you can see it on Twitter almost every day—and I am really pleased that people can hold their water companies to account. I have certainly questioned some of the practices of certain water companies, but I think the model is right and we need to get behind it, as did the previous Labour Government. I hope that all future Governments of any persuasion will recognise that this is the best way to get significant investment into protecting our environment for the future.

European Union: Trade Barriers

Lord Benyon Excerpts

Tuesday 4th July 2023 Lords Chamber

[Lord Whitty (Lab)]

My Lords, on behalf of my noble friend Lord Howarth and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, the trade and co-operation agreement maintains zero tariffs and zero quotas on the trade in goods between the UK and the EU, and it includes a commitment to avoid unnecessary barriers to trade. The border target operating model will provide a proportionate and streamlined regime to support businesses to trade, while maintaining high levels of biosecurity. The UK and the EU are rolling out electronic certification, which will facilitate trade through reducing delays and business administration.

[Lord Whitty (Lab)]

My Lords, I thank the Minister for that response, but it is largely based on hope. The fact is that food imports from the EU have decreased by over 1% and our exports to the EU have decreased by nearly 6%, so consumers miss out on European products and our farmers miss out because of EU rules, regulations and bureaucracy. My noble friend Lord Howarth and I disagree on the outcome of Brexit, but we agree that the present arrangements are inadequate. When will the Government renegotiate the trade agreement with the EU?

[Lord Benyon (Con)]

I hate to disagree with the noble Lord but the total value of imports of food, feed and drink from the EU in the three months to April 2023 was £10.6 billion, 11% higher than the three months to April 2022 and 34% higher than the three months to April 2018. Over that period, exports increased from £3.5 billion and were 4% higher than last year and 6% higher than the year before that. We are trying to introduce a system that is fair to importers and exporters and that protects our very important biosecurity.

[Baroness McIntosh of Pickering (Con)]

Will my noble friend update the House on progress towards a sound and sustainable SPS system?

[Lord Benyon (Con)]

We are making great progress. I can assure my noble friend that we are on the point of publishing more details on a system being brought in from October this year whereby products of animal origin will require an export health certificate. From January, they will be checked at border control points we have constructed. We are minimising the burden on business through risk categorisation, a trusted trader system and simplifying and digitising our network.

[Lord Purvis of Tweed (LD)]

My Lords, the operating model the Minister referred to stated that we will have the world’s best border by 2025 but it will not be fully operational until 2027—so good luck with that. Since 2017, we have seen a net decline and we have the biggest agrifood trade deficit with the EU we have ever had. At the same time, we have seen an enormous rise in imports of agrifood from China as part of an astonishing £42 billion trade deficit with China. Why is it government policy to make it harder to trade with Europe and easier to import from China? It makes no sense whatever.

[Lord Benyon (Con)]

You have to slice and dice the different products that are exported to China. We had a very good pork meat export, which was stopped because of issues relating to Hong Kong. We want a system that is focused not just on imports and exports from our closest neighbours, vital though that market is. We want to make sure we are trading fairly with the rest of the world, which is why we will have a sanitary and phytosanitary border system in place that is understood right across the world and that facilitates safe trade.

[Lord Hannay of Chiswick (CB)]

My Lords, will the Minister explain why the Government are so firmly determined not to have an SPS agreement with the European Union, despite the fact that other third countries—for example, Switzerland and New Zealand—have such agreements? In what respect does the agreement reached in Brussels yesterday, by the Foreign Secretary and the vice-president of the Commission, on agrifood trade between Great Britain and Northern Ireland differ from an SPS arrangement?

--- Later in debate ---

[Lord Benyon (Con)]

Our SPS arrangements with the EU are vital. When we were in the European Union, we had a system of trading at home and abroad which was controlled; now, we can have a bespoke system that suits our circumstances. To those who sometimes criticise the Government for doing this, the cost of getting it wrong is really quite horrific. If we had African swine fever, currently rampant in parts of Europe, or Xylella, which affects trees, the cost would be in the multimillions or even billions of pounds. I want to have Ministers facilitating trade, not sitting in COBRA trying to deal with a disaster.

[Lord Wigley (PC)]

My Lords, is the Minister aware of the devastating effect of the Brexit changes on the Welsh mussel industry? Those products need to go from north-west Wales to the restaurants in Paris, for example, within 14 hours. Is he optimistic that the changes he is hoping to work for will relieve the problem and re-establish that industry?

[Lord Benyon (Con)]

For trades like that to be successful, it takes two to tango and we want to make sure that our continuing conversations with our partners in Europe are facilitating precisely that sort of trade. There will not be a delay from this side of the border.

[Lord Bellingham (Con)]

My Lords, I declare my interests as set out in the register. The Minister will be aware that France is 100% self-sufficient in food, whereas we import 48% of our needs. Obviously, some products we are going to have to import, but surely we could do more to be self-sufficient in dairy products, beef and potatoes. Does the Minister agree that one of the key lessons of Covid and the Ukraine war is the need for more food security?

[Lord Benyon (Con)]

We are 74% self-sufficient in products we can grow in this country and 62% self-sufficient in all food items. We are setting in train a whole range of policies through which we are trying to assist farmers to diversify their businesses, to find new markets and to find them locally. I absolutely agree with my noble friend that we want to be as self-sufficient in other products as we are in eggs and some dairy products, for example.

[The Lord Bishop of Exeter]

My Lords, I wonder what account His Majesty’s Government have taken of the impact of ending their direct payments to English farmers, and whether it has put them at a competitive disadvantage compared to their European counterparts.

[Lord Benyon (Con)]

I do not see how that can happen; 55% of the direct payments went to the 10% who constitute the largest farmers—a deeply unfair system. We are focusing on payments with environmental benefits, encouraging farmers to achieve the standards required by their buyers. For example, ARLA is demanding that farmers do not pollute and have good animal welfare systems in place, and we, through our environmental land management schemes, are supporting farmers to do that.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, the operations manager at Felixstowe port, Hannah Panting, told the BBC that Defra has informed it that the health authority will have to check between 1% and 30% of EU food exports. She rightly pointed out that the unknown is very difficult to work with, and that it is nice to have a plan and know what your targets are. I think the House would agree. Can the Minister assist Hannah?

[Lord Benyon (Con)]

We work very closely with Hannah and other port managers—for example, on the common user charge, which is a way of alleviating very high costs on some and very low costs on others, which we think is fair—but we also work with local authorities. The local health authority is also facing a cost-recovery arrangement. We are making sure that we have a risk profile that minimises the number of stops for low-risk items, but we are absolutely focused on the problem. We will continue to work with ports and all other authorities to make sure that the impact is minimised as much as possible.

[Lord Krebs (CB)]

My Lords, the Minister has referred on several occasions to a risk-based system for checking food imports: the border target operating model. Of course, we are moving into unknown territory here—we have not used it before—so does the Minister agree that it would be sensible for the Government to ask the Food Standards Agency to produce an objective assessment every so often of the impact of the changes in import controls on consumer food safety?

[Lord Benyon (Con)]

The noble Lord makes a very good point. Obviously, we work with the Food Standards Agency—although it is not covered by my department—daily to make sure we have got this right in all areas of food safety. At the moment the highest-risk items are products of animal origin, for obvious reasons, and certain plants that can bring in diseases such as Xylella, which I mentioned earlier. None of the work we are doing with the Food Standards Agency is secret, so there is no problem with making it public.

Disposable and Reusable Nappies

Lord Benyon Excerpts

Wednesday 28th June 2023 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I acknowledge support in work on this issue from the reusable nappy industry-linked Nappy Alliance.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, Defra’s assessment of disposable and reusable nappies concluded that no type of nappy clearly had better or worse environmental performance across its life cycle. We have no plans to take further policy action on nappies at this time. We hope that industry will use the report to continue to improve the environmental impact of nappies, and that it helps consumers make the best choice for them.

[Baroness Bennett of Manor Castle (GP)]

I thank the Minister for his Answer, although I find it somewhat astonishing. I am not quite sure that he is looking at the same report I am, given that it shows that reusables are 25% lower for carbon emissions right now. If you have a green electricity supplier they are 93% better, and in terms of material outputs they are 98% better. This report clearly shows that if the Government want to deliver on their waste reduction, carbon emission and plastic pollution targets, as well as saving so many families money, they should work towards reusables.

[Lord Benyon (Con)]

I wish it was as simple as that. The noble Baroness is absolutely right with her figures on the global warming potential of reusable versus disposal nappies. However, reusable nappies have a higher environmental impact in 11 categories. These include terrestrial acidification, marine eutrophication—the noble Baroness shakes her head, but it is in the report—fresh water and marine ecotoxicity, an issue she has raised with me before, human carcinogenic toxicity, mineral resource scarcity and domestic water consumption. If you look at this in a one-sided way, as somebody once said, with every action there is an equal opposite reaction.

[Baroness Burt of Solihull (LD)]

My Lords, in researching this Question I asked an expert—my daughter, who has four children and has used both types of nappies. In comparing the impact of reusable versus disposable nappies, nobody seems to have factored in the amount of time it takes to do all the washing of cloth nappies. She had to give up cloth nappies when she went back to work. Some 3 billion nappies are thrown away into landfill every year in the UK. This is literally a terrible waste and the Nappy Alliance, as the noble Baroness alluded to, is calling for a national nappy waste strategy. Are the Government planning to produce such a strategy? If not, why not?

[Lord Benyon (Con)]

With five children, I should perhaps also declare an interest. I like to think I pulled my weight, though my wife might disagree. The noble Baroness’s point about 3.6 billion nappies is right. About 78% of those go into incineration but 22% go into landfill, which is 22% too much. We have looked at this in a number of ways. Local authorities have the lead on this, and it is about supporting them to have schemes that work locally; the Government do not feel we can take action at a governmental level. There are many other—if noble Lords can excuse the expression—crocodiles closer to the canoe in terms of tackling environmental problems. Textiles and plastic are an absolute priority for us, but we certainly want to support local authorities in trying to achieve better disposal of nappies in the future.

[Lord Cromwell (CB)]

My Lords, on a subject related to nappies, a recent House of Lords report recommended banning non-degradable wet wipes; the Government response was that they will ban wet wipes subject to consultation. I find it hard to believe that any consultation is really needed. If it is a procedural requirement, can the Minister tell us how soon this can be completed and a ban put in place?

[Lord Benyon (Con)]

In the Plan for Water published in April we said that we were going to do this, and 96% of respondents to our call for evidence supported a ban on wet wipes. More information on the proposed timing of any ban will follow the announcement of the details of that consultation.

[Baroness Hayman of Ullock (Lab)]

My Lords, the life cycle assessment study showed that the environmental impact of reusable nappies varied greatly depending on how they were laundered—for example, not tumble-drying and using lower temperatures. Are the Government prepared to look at incentives to encourage the use of reusable nappies and at the same time provide information, working with manufacturers, as to how best to wash and look after them to have the least impact on the environment? We really need to get to the bottom of this issue.

[Lord Benyon (Con)]

Congratulations to the noble Baroness on the joke of the day. We want to assist consumers in making the right choices. The Competition and Markets Authority has produced guidance on green claims and is investigating both how products and services could be more eco-friendly and how they are marketed—that is one part of it. The noble Baroness is right. We calculate the figures on potential nappy use in future on children being potty-trained by the age of two and a half. I am sure that most noble Lords were probably nappy-trained within two and a half months. If we can encourage the better use of green tariffs and other uses of electricity, as the noble Baroness, Lady Bennett, mentioned, I am sure that the differential between disposables and non-disposables can be improved.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I implore the Minister, in answering this very important Question before your Lordships’ House, to ensure that he does not throw the baby out with the bath-water.

[Lord Benyon (Con)]

I have run out of ribald replies. This is a serious matter: nappies account for about 4.5% of the waste that local authorities have to deal with. With plastics, textiles and everything else, it is important that we tackle this. I will try to think of another ribald reply for the next question.

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

My Lords, I must confess that I am not an expert on nappies, despite the rumours and attacks that I get from the Scottish nationalists about incontinence. However, in view of the absolute shambles that the Scottish Greens have made of the deposit return scheme, will the Minister be very wary of anything put forward by their English counterparts?

[Lord Benyon (Con)]

I think we all want a deposit return scheme, which is a very important way of recycling more products, but the coalition between the Greens and the Scottish National Party has created a disaster zone and has actually put the whole thing back. I think we are now on track to have a scheme that will be a UK-wide common standard for similar products, which has long been needed. That will be better for Scotland, the United Kingdom and the environment.

[Lord Rooker (Lab)]

Can the Minister tell us the estimated cotton content of the various nappies? If there is a figure, who has done the checking to make sure that none of that cotton comes from Xinjiang in China?

[Lord Benyon (Con)]

The noble Lord will not be surprised that I do not know that figure. I know that the impact of carbon on the environment has dropped considerably since the last life cycle assessment in 2008. That is welcome and we want to see more of it, but we also want to make sure that all our policies on plastics are feeding through to this area of waste management, and that we are tackling the issue of where the products come from, which is entirely right.

[Lord Watts (Lab)]

My Lords, can the Minister say how much we have spent on the wet wipes survey? It seems a complete waste of time. I would like to know how much money his department has spent on this useless exercise.

[Lord Benyon (Con)]

I cannot tell the noble Lord how much we have spent, but if he is criticising my department for asking the people who use these products, those who manufacture them and those who are seeking to create alternative ones that are more environmentally friendly, I do not accept that. It is important that we engage. I do not think we should consult on everything all the time, and sometimes we are rightly criticised for doing too much consultation, but we want to get this right.

Farm Animal Welfare

Lord Benyon Excerpts

Monday 26th June 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

To ask His Majesty’s Government what plans they have, if any, to improve the standards of farm animal welfare.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I declare my interests as set out in the register. We have delivered an ambitious legislative programme since the publication of the Action Plan for Animal Welfare. We are committed to maintaining our strong track record on animal welfare and delivering continued improvements in the course of this Parliament and beyond. This includes our commitment to ban the export of live animals for fattening and slaughter.

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank the Minister for his Answer. Defra’s call for evidence showed strong support and appetite from the public for animal welfare labelling on supermarket products to level the playing field for British farmers and help consumers make informed choices based on how the food they buy has been produced. That could not be more important when future trade deals will allow food to be imported which has been produced to lower standards than we legally allow in this country. Supermarkets such as Waitrose have already shown their voluntary commitment to leading standards of animal welfare. It is vital that there is a means for different standards of farming practices to be clearly and consistently communicated to consumers to help them and provide choices. Can the Minister confirm when he will publish the long-awaited consultation setting out the proposals to expand mandatory labelling requirements for animal welfare for both imported and domestic products?

[Lord Benyon (Con)]

The noble Baroness is right that the power to improve animal welfare lies in large measure with the consumer, and keeping the consumer informed is a key part of this. Therefore, in answer to her question, we received over 1,600 responses to the consultation, a summary of which is available on GOV.UK. Based on the evidence provided, the Government are continuing to explore options for improving and expanding mandatory animal welfare labelling, covering both domestic and imported products, and we will keep the House informed of our progress.

[Baroness McIntosh of Pickering (Con)]

My Lords, while I applaud the high standards that farming communities and the Government have achieved on farmed animals in this country, does my noble friend regret the fact that we have not extended the same high standards to imports, particularly those from Australia and New Zealand through the free trade agreements? Will he give the House a commitment today that future trade agreements will insist on the same animal welfare and environmental standards for imports as are applied in this country?

[Lord Benyon (Con)]

Imports into the UK must comply with our existing import requirements. Products produced to different environmental and animal welfare standards can be placed on the UK market if they comply with these requirements. We are taking a tailored approach in each of our new free trade agreements. For example, pork, poultry and eggs were excluded from our agreement with Australia, and in our agreements with Australia and New Zealand, we secured non-regression and non-derogation clauses on animal welfare. This will be a feature of future agreements.

[Lord Winston (Lab)]

My Lords, I take this opportunity to thank the noble Lord for his courteous correspondence after the conclusion of the Genetic Technology (Precision Breeding) Act. Apropos of that Act, it is very clear that, when we start to modify animals, there will be a number of mutations which are likely to be unpredictable. Can the Minister give us some idea of how we will control the potential for animal cruelty when mutant animals are produced in this sort of way?

[Lord Benyon (Con)]

I am grateful to the noble Lord for his involvement with that Act. He challenged me and the House to become more knowledgeable during our debates on it. We think that the Act will have huge benefits for animal welfare; I have two examples for the noble Lord. The Roslin Institute and Genus have developed gene-edited versions of pigs, which could improve the situation with regard to porcine reproductive and respiratory syndrome, a terrible disease of that animal. The other example is pancreatic necrosis virus in salmon. We want to make sure that we are regulating this properly; we talked about that throughout debates on the Act. We now have a system in which there is transparency about how we regulate that, but I will continue to keep the House informed as we develop that.

[Baroness Hoey (Non-Afl)]

My Lords, can the Minister clarify exactly when the ban on live animals for slaughter being exported is coming in? Is it not a fact that, when and if it does, it could not apply to Northern Ireland because Northern Ireland has been under EU rules on live animals for slaughter?

[Lord Benyon (Con)]

The number of live animals exported from Great Britain since Brexit has been zero—none: not one. There is one vessel, the “Joline”, which operates out of Folkestone and has the capacity to take live exports from Great Britain to Europe, and there is none going on that vessel at the moment. We still want to bring in this legislation, because there may be future demand, the infrastructure to support that trade might start up again and we want to make sure we are legislating in the right way. On the key point about Northern Ireland, that is an even more complex issue, because we are trying to resolve this through the Windsor Framework, but I will write to the noble Baroness on that.

[Lord Kamall (Con)]

My Lords—

--- Later in debate ---

[Baroness Fookes (Con)]

Perhaps I may take issue with my noble friend about the export of animals for slaughter, which has been a concern of mine for more years than I now care to remember. This is a good time to do it when nothing much is happening; that could change overnight. What is more, countries such as Australia are seriously considering operating such a ban. Here, we could give a good lead, and if the Government want to be at the forefront, now is the time to do it.

[Lord Benyon (Con)]

I agree with my noble friend. She is not taking issue with me; she is pushing at an open door. This is a manifesto commitment and in our animal welfare action plan, and we want to do it.

[Lord Rooker (Lab)]

Given that the hundreds of millions of food production animals that we eat have to be slaughtered first, should not the public be entitled to know what the method of slaughter is?

[Lord Benyon (Con)]

We have a very clear set of guidelines, which we have improved in recent years, such as by putting CCTV cameras in slaughterhouses. As the noble Lord will know, the Food Standards Agency oversees this and requires vets to be present. I think his point relates to pre-stun slaughter, and that is an ongoing discussion. We want to work with those groups that want a particular type of slaughter, while recognising that there is a very strong view out there about our knowledge and understanding of what an animal senses in those final moments of its life. We want to make sure that our WATOK rules, as they are called, are absolutely up to date, and I shall continue to keep him informed of this.

[Lord Kamall (Con)]

My Lords, it is absolutely right that the Government seek to be at the forefront not only of technology but also of animal welfare. What thinking is there in the department about the future of meat, particularly lab-grown meat and whether there are any welfare implications for lab-grown meat in future?

[Lord Benyon (Con)]

This is a fast-moving technology all over the world, and I think people look at it with some suspicion in terms of where plants come from and what has to happen to plants in order to make them both taste like meat and look like meat. We want to support a livestock industry in this country that continues to have a much wider benefit across the rural economy but with the highest welfare standards possible. However, in this area of policy, if a Minister was to stand at this Dispatch Box and go to the furthest extreme possible, there would still be people in the animal welfare movement—or more the animal rights movement—who would say it is too little, too late; you will never satisfy everyone. I think the Government have this right.

[Baroness Anderson of Stoke-on-Trent (Lab)]

Nearly three years ago, the campaign group Christian Ethics of Farmed Animal Welfare published a report exploring the ethics of current farming practices, yet little has seemingly progressed. When Christian churches are concerned about severe welfare problems experienced by caged laying hens, broiler chickens and the impact of fast-growth breeds, we should probably take note. What discussions is the Minister having with chicken farmers to encourage transition back to slower-growing, higher-welfare breeds of chicken, as recommended by the RSPCA?

[Lord Benyon (Con)]

I refer the noble Baroness to my earlier comments about the power of the consumer here and retailers in informing their consumers and providing what they want. There is that side to it, but the Government have a role. The UK is currently 91% self-sufficient in eggs and produces 40 million hens per year. The movement for them to be either in cages where there are high welfare standards or reared in the open air is now moving very fast, but there is more that we can do. That is why we passed several rafts of legislation in recent years: the Animal Welfare (Sentencing) Act; the Animal Welfare (Sentience) Act, which does have relevance here; the Animals (Penalty Notices) Act; and a whole range of other measures, which we described in the Action Plan for Animal Welfare which the Government are taking through. Some of them are legislative but not all of them.

Shark Fins Bill

Lord Benyon Excerpts

3rd reading
Friday 16th June 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I want briefly to thank my noble friend Lady Jones and Christina Rees MP in the other place for bringing forward this Bill. It is an important piece of animal welfare legislation. I am delighted that the Government chose to support it and that we will see it pass. I thank everybody who worked on it and supported it.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I will make a statement on the legislative consent in relation to the Bill. The Bill was amended in the other place to make provision across the United Kingdom. As noble Lords will know, child maintenance—

[Noble Lords]

Oh!

--- Later in debate ---

[Lord Benyon (Con)]

Shark fin policy was transferred to the Northern Ireland Assembly, and a legislative consent Motion is required for any provision related to the transferred area. However, due to the continued absence of the Northern Ireland Assembly and Executive, a legislative consent Motion cannot be secured. Historically, the Northern Ireland legislation in this area has mirrored that in Great Britain and, following engagement with the Northern Ireland department related to this matter, proceeds will apply in Northern Ireland in the absence of a legislative consent Motion. This will ensure that the people of Northern Ireland can benefit from the provisions in the Bill.

Having got through a great start to today’s proceedings, I echo the thanks to the noble Baroness, Lady Jones, for her hard work in guiding the Bill through the House to this stage, and for her passion, knowledge and understanding in this area. I also pay tribute to the honourable Member for Neath, Christina Rees, for her success in steering the Bill through the other place in such a determined and enthusiastic way. I extend my thanks to the environmental non-governmental organisations for their continued support for the Bill, and I am grateful to noble Lords who contributed to the Second Reading debate and other proceedings.

Throughout the Bill’s passage, we heard about the devastating impacts of shark finning, and I am pleased that we have had this opportunity to debate, discuss and shine a light on this important issue. I will not repeat our discussion at Second Reading, but I emphasise that the Bill is a significant step in demonstrating the UK’s leadership in shark conservation and protecting our natural environment. It fits in with the Government’s policy. I have on my wall an award from the Shark Trust for the coalition Government’s work in trying to get the European Union to move on to this footing. I appreciate that this is only a small part of the solution to the pressing need to protect the ocean’s richness and diversity, and I am pleased to reiterate the Government’s support for the Bill. I look forward to seeing it on the statute book.

Bill passed.

Hunting Trophies (Import Prohibition) Bill

Lord Benyon Excerpts

2nd reading
Friday 16th June 2023 Lords Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I speak in support of the Bill on behalf of the Government and thank noble Lords on all sides for the quality of this debate. I pay tribute to my noble friend Lady Fookes and my honourable friend Henry Smith in the other place for their progress with the Bill thus far.

It is clear from the debate and from the noise around it that trophy hunting is a controversial issue. There are those who point to the evidence about the potential benefits of well-managed hunting and those who point to the evidence of harm or poor practice. The Bill is about imports to Great Britain. The import ban will, of course, not prevent a UK resident or citizen from participating in hunting while overseas. Trophy hunting will continue around the world, and it is right that each country should be able to decide how best to manage its wildlife. The Bill does not change that, but it is also right that we listen to the British public, and there is a clear and strong message to bring an end to the import of endangered animals taken for the purpose of trophies. The Bill before us will therefore fulfil our manifesto commitment to do just that and, in doing so, it would help us to better protect some of the world’s most endangered species.

On the Bill itself, Clauses 1 and 2 together make provision for the import ban; it will cover trophies brought into Great Britain from animals hunted after this legislation comes into force. The definition of a hunting trophy in Clause 1 is:

“the body of an animal, or a … part or derivative of an animal, that … is obtained through hunting … for the hunter’s personal use”.

That is how hunting trophies are defined in our current controls under CITES—the Convention on International Trade in Endangered Species. This means other types of item will continue to be subject to our current controls—for example, under CITES. Trade in those other types of items will not be affected by the Bill.

Clause 2—and this leads to the point raised by my noble friend Lord Mancroft—means that the import ban will cover all species listed in Annexes A and B of our wildlife trade regulations, which implement Appendices 1 and 2 of CITES in Great Britain. The annexes cover species that the global community has agreed to protect through trade restrictions in the light of their endangered status. The Commons narrowed the scope of the Bill by making an amendment to remove a power for the Secretary of State to add the species that would be covered. To use Annexe A and B listings with no additions or variations is the best way for the Bill to address imports from endangered species. As a result, the Bill will end the permits system for imports of hunting trophies from these species. There are no provisions for exemptions to the import ban for hunting trophies from those species.

Clause 3 is about movements from Northern Ireland to Great Britain. Let me be clear that we will do as much as we can to ensure that Northern Ireland is not used as a stepping stone for imports to Great Britain. The EU wildlife trade regulations continue to apply in Northern Ireland under the Windsor Framework. Our CITES authorities will carefully scrutinise permit applications for Northern Ireland to ensure that imports meet the strict requirements set out by those regulations to ensure that trade is sustainable and legal. We also have controls in place for movements of endangered species from Northern Ireland to Great Britain, and those controls will apply to all hunting trophies in scope of the Bill.

Clause 4, added on Report in the Commons, is about the advisory board on hunting trophies—and some comment was made on this. My colleague speaking in the other place welcomed the principle of receiving expert advice, and I agree. For example, we already receive advice on international wildlife trade issues from the JNCC, which is the UK’s scientific authority for CITES. We are aware there is an unclear reference to “Committee” in Clause 4(3)(a), which a number of noble Lords have raised with me. That will be corrected to “advisory board” on printing. There is no need for noble Lords to make an amendment in this regard, and I put on the record that the Government have no concerns about the drafting.

Lastly, Clause 5 considers extent, application, commencement and short title. The import of endangered species is a reserved matter, and consequently there is no need for a legislative consent Motion, which saves me the embarrassment that I indulged in on an earlier piece of legislation today. I was always told that it is crucial on the Front Bench to make everyone think you know what you are doing, but clearly I failed on that occasion. However, I am grateful for the engagement of the Scottish and Welsh Governments on these issues.

On some of the comments raised in this debate, the difficulty with issues such as this is that it becomes an argument of “I see your experts and raise you mine”. Undoubtedly, there are a plethora of experts of varying degrees, scientists and not scientists, bringing their sway into this argument. They can be prayed in aid by different sides of the argument, and everyone has to make a judgment on that.

With regard to the eloquent words of the noble Lord, Lord St John, I think the whole House agrees with him about canned hunting. However, I urge noble Lords not to go down a rabbit hole that tries to define it. The repulsive prospect of an animal being contained in a small enclosure and shot with none of the danger that one would find shooting even a cow in a field is abhorrent to all of us. However, if one tries to define that in law, one starts to say, “How big an enclosure?” There are some wildlife conservancies that are contained but which are to an extent false ecosystems, because animals cannot move within and without them. However, I think we all share the noble Lord’s and others’ abhorrence of certain hunting practices that may be defined in that way.

I understand the points raised by many noble Lords, but I do not quite know whether to commiserate the noble Lord, Lord Mann, on Leeds or to congratulate him on Wrexham—maybe both. But he made a very interesting point.

The point about UK exports was raised. The Bill is about imports of hunting trophies from endangered species and animals abroad. We are taking action to address the public’s concerns over that. We have appropriate controls in place to protect our wildlife and to manage hunting in this country; we will not be amending any of our legislation or regulations on hunting in this country.

The noble Earl, Lord Erroll, and others raised issues about support for communities in countries that may be affected by this legislation. I know that the letter from my honourable friend the Minister that was referred to may have been misconstrued. I urge noble Lords to delink this legislation from all the other provisions we make to support countries to maintain their environment and wildlife. That is an ongoing commitment of support, whether through ODA or a variety of different international fora. For example, our £90 million Darwin Initiative and Darwin Plus are hugely appreciated in these countries for the work that they do to protect wildlife. The £30 million action on illegal wildlife trade and the £100 million biodiverse landscapes fund, which works across six landscapes and multiple different countries’ borders to protect wildlife, are nothing to do with this legislation. That is ongoing and our support for our friends, whether in Africa or elsewhere, will continue. The UK is fully committed to practical, meaningful support for conservation and for developing sustainable livelihoods based on wildlife. Our official development assistance will not replace trophy hunting and that is not what it aims to do.

My noble friend Lord Lilley made an impassioned speech, and I just say that we have appropriate controls in place to protect domestic species. According to CITES data, the UK has recorded only seven exports of hunting trophies from annexe A and B species in the past 10 years. Of these, two trophies were from barasingha deer, which were hunted in this country. The barasingha is not native to this country and is kept in private collections. Other trophy exports recorded by the UK were re-exports, originally from other countries.

My noble friend Lord Swire asked about impact. We recently published an impact assessment for the Bill, which discusses the impact of this reform on the UK, in line with the usual practice. Our impact assessments discuss some of the difficulties in evaluating the wider impacts of the Bill; it is complex and difficult to assess the impacts of further action on UK imports.

My noble friends Lord Reay and Lord Hannan and a number of others spoke about Kenya. I know a bit about Kenya and the declines in wildlife are for more complicated reasons than may have been prayed in aid in this debate. Differences of animals’ abundance will occur within particular parts of countries, and there are parts of Kenya where animal abundance is being restored in remarkable ways. I join with my noble friend Lord Selkirk in paying tribute to Iain Douglas-Hamilton, whom I know, and his daughter Saba and other members of his family, for the remarkable work they have done with Save the Elephants.

The noble Lord, Lord Rennard, asked whether there will be time to deal with amendments. I cannot give him that assurance. I do not know and have not spoken about that in detail, but in the process of this Bill we will seek to tease that out.

For my final point, I am grateful for the words of the noble Baroness, Lady Hayman, but I urge a little caution because, domestically, some of the richest wildlife habitats that we find anywhere on these islands are sustained through the activities of people who hunt for sport. They do that off their own back, out of their own pocket and often with little impact on the public purse. We need to be careful with the language that we use and make sure that we support those who deliver wildlife hotspots up and down the country.

This Bill to ban imports of hunting trophies has come from the other place with cross-party support. It is here with the Government’s full support. I urge noble Lords to lend their support as it makes its way through the House. We know from repeated rounds of consultation that the public expect us to deliver on this commitment. In closing, I thank my noble friend Lady Fookes for her efforts in leading this important Bill.