Child Labour and Artisanal Cobalt Mining in the DRC

Lord Benyon Excerpts

Thursday 30th November 2023 Lords Chamber

[Lord Alton of Liverpool]

To ask His Majesty’s Government what action they are taking to support international efforts to end the use of child labour from artisanal cobalt mining in the Democratic Republic of the Congo and to exclude cobalt from this source from the global supply chain.

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

My Lords, the use of child labour in the Democratic Republic of the Congo remains concerning. We regularly raise the issue of child labour in DRC’s artisanal cobalt mining sector both with the DRC Government and through multilateral fora such as the Human Rights Council.

[Lord Alton of Liverpool (CB)]

My Lords, I thank the Minister for that reply. Will he initiate an urgent investigation into reports of children standing knee-deep with their bare skin in toxic pools mining for cobalt, study the research of Professor Siddharth Kara published in Cobalt Red and challenge the absurdity of companies relying on assurances from state-run Chinese companies in the Congo that human rights norms are met? Under the terms of the Modern Slavery Act, will he consider, for offences committed within supply chains, making offending companies subject to company disqualification, as with GDPR violations, and meet me and other noble Lords who are concerned about these issues to discuss kite-marking and how products can be labelled in a way that demonstrates they come from places where slave labour and child labour is being used, so consumers can make up their own mind about whether they want to be complicit in buying such products?

[Lord Benyon (Con)]

I would be happy to meet the noble Lord, and perhaps he could bring with him people who could help us to move forward. We are a world leader in this. We passed the Modern Slavery Act. We now have requirements on companies with a turnover greater than £36 million to define their supply chains very accurately to make sure that the awful images the noble Lord describes have no part in the supply of cobalt. The Democratic Republic of the Congo has 70% of the world’s cobalt. We want to make sure that it comes to the world market in a way that is complicit with the standards we require.

[Lord Collins of Highbury (Lab)]

My Lords, can I just pick up on the last point made by the noble Lord, Lord Alton, and by the Minister? The fact is that the Modern Slavery Act provides for those companies to make a statement, but that is it. There is no other requirement—no mechanism for enforcement where there is a breach. This is a really serious matter, not only in the DRC but in other countries where we are importing goods made by slaves and children. Will the Government act? There has been criticism of this for many years, since the first debate on the Act, so will we act to make sure compliance is compulsory?

[Lord Benyon (Con)]

Following a public consultation, the Government committed to taking forward an ambitious package of measures to strengthen the Modern Slavery Act’s transparency legislation, including extending reporting requirements to public bodies with a budget of £36 million or more, mandating the specific reporting of topic statements and what they must cover, requiring organisations to publish a modern slavery statement on the online registry and introducing financial penalties for organisations that fail to publish annual statements. This requires primary legislation, but in time we want to see it on the statute book.

[Lord Howell of Guildford (Con)]

My Lords, is not one means of reducing our cobalt reliance on dangerous and thoroughly undesirable resources to work on the Washington agreement we have made on critical minerals, which has been agreed between the two Governments, whereby, if we dig out more cobalt in this country—apparently we have some—and use it in our motor cars or use American cobalt, we will get a 15% subsidy on all cars sold into the American market? Can the Minister tell us how that is getting on?

[Lord Benyon (Con)]

I am grateful to my noble friend. He will understand that my relative newness in this role means that my learning curve is steep. I will do some research and discuss it with him when we next meet.

[Lord Purvis of Tweed (LD)]

My Lords, when I was in Lubumbashi in September, I saw for myself the extent of the Chinese concessions for cobalt mining. With regard to east DRC, in June I raised in the Chamber a report from the US State Department that singled out Rwanda’s human rights record with its support of the M23 group, which, as it said, has committed multiple violations of international humanitarian law and human rights abuses. There is concern that the FCDO has been silent while it is discussing a migration agreement with Rwanda. Can the Minister allay those concerns at the Dispatch Box today and condemn Rwanda’s human rights record in this regard?

[Lord Benyon (Con)]

I can absolutely reassure the noble Lord. We regularly raise the conflict in eastern DRC with the Governments of DRC, Rwanda and elsewhere in the region. We judge doing this privately to have more impact. In these conversations, we urge all parties to deliver on their commitments agreed through the Nairobi and Luanda processes. This includes the withdrawal of armed groups, including M23, and the ceasing of all external support to armed groups operating in the DRC.

[Baroness Butler-Sloss (CB)]

My Lords, I declare my interest as co-chairman of the All-Party Parliamentary Group on modern slavery and the vice-chairman of the Human Trafficking Foundation. Have the Government looked at the way in which the Americans deal with supply chains, by having hot goods that are not entitled to enter the country? If they have not looked at that, would they do so?

[Lord Benyon (Con)]

I will certainly take that back. I thank the noble and learned Baroness for her work in this area. It is vital that we are able to define accurately and have complete transparency through supply chains. As a previous questioner identified, cobalt is vital for technologies that we want to see that will help lower emissions, and it is used in a whole variety of daily products. We must make sure that it is not mined using child labour or slavery and that we are requiring companies to be transparent in their supply chains.

[Lord Wigley (PC)]

My Lords, may I press the Minister further on that point regarding the specific steps that the Government are now taking to identify whether cobalt-containing products imported into the UK are produced by child labour in the DRC?

[Lord Benyon (Con)]

Through our modern slavery legislation and through the work we are doing in a variety of multilateral fora, we are trying to make sure that, with international companies mining not just cobalt but a whole range of other things—for diamonds, for example, using the Kimberley process, or for conflict minerals—we are doing work in-country, leading on partnerships that have seen great benefit, with children going into school as opposed to working in mines. UK taxpayers’ money is doing that, and we are working really hard on this. We want to make sure that companies are playing their part, too, and that their supply chains are transparent.

[Lord Harris of Haringey (Lab)]

The Minister has asserted that we are a world leader in modern slavery work. That may have been the case, but can he explain, then, why there was such a hiatus between the departure of the previous modern slavery commissioner and the appointment of a new one? I believe that the new one has not yet taken up her post. Secondly, if we are to lead on these issues, what are we doing to make sure that we are more resilient in terms of minerals such as cobalt?

[Lord Benyon (Con)]

On the first point, I will write to the noble Lord about the appointment of the new commissioner. On the second point, there is a market imperative to use less of certain products because they are expensive to obtain and transport across the world, so there is a market mechanism. But there is also a driver for the Government through innovation, particularly in areas such as battery manufacture, to reduce both the weight of batteries and, therefore, the quantity of minerals such as cobalt that are used. The Government are providing funding for innovation in a whole range of ways.

[Lord Bellingham (Con)]

My Lords, further to the question from the noble Lord, Lord Purvis, I have also had the chance to visit most parts of the DRC and have seen for myself the scourge of child labour. The Minister mentioned that we must get these children out of mines, where they are being persecuted and exploited, and into schools and education. Can he tell us what we are doing to tilt our aid in that direction? Does he have any figures on these children going into school?

[Lord Benyon (Con)]

The UK’s Partnership Against Child Exploitation programme, which ended in September, was a consortium of six partners that worked to combat the worst forms of child labour in the Central African Republic, Ethiopia and the Democratic Republic of the Congo; the United Kingdom was a key supporter of that partnership. The programme delivered key achievements: 8,430 children are going back to school following a consortium intervention, while 2,583 children have completed training in rights and skills because of PACE support. The point from the noble Lord, Lord Alton, is absolutely right—there is still a serious problem—but we are having some success and we want to see more of it.

[Lord Stirrup (CB)]

My Lords, this Question highlights an important part of a much wider issue. Can the Minister say what progress the Government have made towards developing a strategic plan to ensure the supply of crucial resources in the round in order to enhance national security and resilience while, at the same time, supporting the values that we rightly espouse?

[Lord Benyon (Con)]

This is a massive issue, and I thank the noble and gallant Lord for raising it. The integrated review refresh looked at this. We must make sure that our economy can get what it needs in order to provide for our own needs and so that we can benefit the rest of the world. We cannot look at the security of this nation without looking at supply chains. With a country such as the Democratic Republic of the Congo, as I said, having 70% of the world’s cobalt, which is a mineral that we need, we want to be at the forefront of making sure both that we have high-integrity supply chains for such minerals and that they are integrated into our whole security policy.

English Flood Defences

Lord Benyon Excerpts

Thursday 30th November 2023 Lords Chamber

[Earl Russell]

To ask His Majesty’s Government, following widespread flood damage caused by both storm Babet and Ciarán, what action they are taking to ensure all English flood defences are fit for purpose.

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

My Lords, the Government are working closely with the Environment Agency and other relevant authorities to ensure that flood defences impacted by recent flooding are repaired. Following Storm Babet and Storm Ciarán, more than 14,000 inspections of flood protection assets have been conducted, with action taken wherever performance was compromised. We have allocated more than £200 million a year for the maintenance of flood defences and aim to achieve getting 94% to 95% of flood-risk assets to their target condition.

[Earl Russell (LD)]

My Lords, extreme weather is now the new normal. When it comes to flood events, I am not certain that we are ready for the future. Although I recognise that the Government have doubled capital funding, information from the National Audit Office just two weeks ago revealed that the number of properties to be protected from flooding by 2027 has been cut by 40%. In addition, Unearthed has shown that 40,000 of England’s vital flood defences are so damaged as to be almost useless. Why are there no longer-term plans or concrete targets for flood defences beyond 2026-27? Is it time for a full review of our flood defences?

[Lord Benyon (Con)]

We constantly look over the horizon to make sure that we factor in important phenomena such as climate change and the extreme weather events we are seeing. The National Audit Office has reduced that figure principally because of the inflationary effect on the cost of building concrete and steel defences. Of course, that is only part of it; nature-based solutions are now becoming a key part of our defences. I really question the Unearthed data. The Environment Agency puts all defences in a category from 1 to 5. If it is a category 4, meaning that it is not where you want it to be, it still functions in the main. When we know that a flood is coming, a minor change can be made. That was an unfair description by Unearthed; the figure of 94% to 95% of our assets being in good condition is worthy of comment.

[The Lord Bishop of St Albans]

My Lords, more than half of Britain’s best farmland is on flood plains. Farmers are providing a public service by protecting towns and cities from flooding, but this means that they incur costs. What are His Majesty’s Government doing to ensure that farmers are adequately recompensed for this public service that they provide for our nation?

[Lord Benyon (Con)]

The right reverend Prelate is correct. Farmers can enter into some agri-environment schemes, which, as we know, are now targeted on public goods. One of those is protecting the public from flooding so, if farmers are holding flood-water on their land, they should be rewarded for it. They can also access the farming recovery fund, which provides assistance to farmers whose agricultural land has been damaged by flooding and declared a natural disaster by the Government. We provide financial assistance up to 100%, with a minimum grant level of £500 and a maximum of £25,000; that has been accessed in some extreme flooding conditions.

[The Earl of Kinnoull (CB)]

My Lords, thousands of homes are eligible for protection in the UK under the Flood Re protection scheme, which is an insurance scheme. With these two serious storms, can the Minister tell us a bit about how the scheme has performed during this period and whether there are any plans both to look at the scheme again and to examine, in particular, the eligibility criteria and rating levels within it?

[Lord Benyon (Con)]

I was involved in the setting up of Flood Re more than a decade ago. It has undoubtedly brought peace of mind to a huge number of households that could not get flood insurance or could get it only for an exorbitant amount. It needs looking at every so often, as building costs and our understanding of flood risk increase. The Government are working with the Flood Re in a variety of ways to ensure that we are making it fit not for just today but, as I said earlier, recognising that we could soon see houses we did not previously think were a flood risk become a flood risk. We want to make sure that this scheme covers them too.

[Baroness McIntosh of Pickering (Con)]

My Lords, for Flood Re to work effectively, surely there should be no building on functional flood plains. Does my noble friend the Minister agree that there is a vital role for maintenance and recognise the work of the drainage authorities? I have the honour of being the vice-president of the Association of Drainage Authorities. Will he also ensure that, where the Environment Agency fails to do the work, farmers and others can do it through the drainage boards and maintain these flood-banks?

[Lord Benyon (Con)]

This is going to come as a shock to my noble friend but I am not going to agree with her first point. If we say that we will not build on flood plains, that means no new houses in Leeds, London and many of our other major cities. What matters is not whether you build on flood plains but how you build. I was in the Netherlands last week, hearing about houses that are actually flood defences. There is so much successful building on flood plains around the world. There are also some fantastic examples in this country from the last 50 years of how not to do it. I urge caution when saying that we should not build on flood plains. We have increased the funding for maintenance of defences by £22 million per year, and are supporting farmers and others in their work to keep our homes from flooding.

[Baroness Hayman of Ullock (Lab)]

My Lords, despite the Government doubling their capital funding in England to combat flooding, we know that a quarter of new flood defence projects will not be going ahead. The Environment Agency has blamed inflation for these cuts, as the Minister acknowledged earlier. A shortfall in the agency’s finances means that it cannot keep flood protections to the required condition to protect homes. Due to this inflation, the EA is now £34 million short of its expected budget. How will the Government make up this shortfall?

[Lord Benyon (Con)]

As the noble Baroness says, we have put record amounts into flood protection through the Environment Agency—£5.2 billion from 2021-27, which is a doubling of the investment. Additionally, there is an extra £200 million on maintenance, a £22 million increase in the maintenance fund this year and the Environment Agency is conducting a review, expecting around 69,200 high-consequence assets, of which 63,700 are at the required condition. We are not complacent. We recognise that there is an increased threat from flooding, as there is from a variety of extreme weather conditions. We have made this a priority for government and will continue to support the Environment Agency with what it needs to keep our homes safe from flooding.

[Baroness Walmsley (LD)]

My Lords, I will follow on the Minister’s answer to the question from the noble Baroness, Lady McIntosh of Pickering. Given that we already have houses built on flood plains and that there will probably be more, what are the Government doing to mandate resilient design—he hinted that other countries have done that—and to retrofit houses that have already been built there? Things can be done, such as laying concrete flooring and raising the level of the electricity circuits. Will the Government ensure that this sort of design is built in when it becomes necessary to build new houses on flood plains?

[Lord Benyon (Con)]

I totally agree. Through our conversations on housing design and the incentives and financial support that we give to householders to retrofit, we are seeing those householders protect their houses themselves. In flood-risk areas, where you put the plug sockets can make a difference if a house floods, so recovery funding must also drive that. We must listen to the Environment Agency when it says that developments should not take place, but if the developer, working with the local authority, and the Environment Agency, says that these mitigation measures have been put in place, we will copy what goes on in places such as the Mississippi basin and the Netherlands, where there is intelligent building in flood-risk areas.

[The Earl of Clancarty (CB)]

My Lords, are the Government satisfied that the public are sufficiently aware of flood risk when they buy a house, aside from what needs to be done legally in terms of a flood-risk report?

[Lord Benyon (Con)]

Ultimately, it is the responsibility of the purchaser of a house to look at all the risks. There comes a point where government cannot be involved in every transaction and action of a human life. However, it is key that data on flood risk, of which there can now be an enormous amount, is accessible through the Environment Agency’s website and through local authorities. That should be accessed by people buying a house and those advising them.

Nutrition for Growth Summit 2024

Lord Benyon Excerpts

Wednesday 29th November 2023 Lords Chamber

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

My Lords, the UK works closely with France and other partners to promote the integration of nutrition across multiple sectors and into multilateral programmes to increase financing for nutrition and build momentum ahead of the next nutrition for growth summit. Last week’s global food security summit and last month’s UK-France development dialogue are examples of our continued partnership on global development. We will continue to work with France to ensure that it is a success.

[Lord Collins of Highbury (Lab)]

My Lords, I welcome the Minister’s response, and I agree that we have got some positive action here with the summit, which I attended. But the International Coalition for Advocacy on Nutrition has published its stock-take report on nutrition, which showed that the cuts to ODA disproportionately affected our spending on nutrition. Of course, we know that nutrition is a multiplier in addressing all the SDGs. So I hope the Minister can reassure us that we will be sticking to our £1.5 billion pledge over eight years. Can he tell us how much of that will be spent on nutrition-specific and nutrition-sensitive programming? Finally, can he reassure us that, in advance of Paris, he will work with civil society and NGOs in preparation for that success? The UK has been a leader in this field and I hope we can return to that situation pretty soon.

[Lord Benyon (Con)]

On the latter point, I can absolutely assure the noble Lord that we are working very closely with civil society—the International Coalition for Advocacy on Nutrition is just one example. I can also reassure him that, as a proportion of our various objectives and interventions, we are seeing an increase in health programmes that are nutrition-sensitive and an increase in humanitarian aid that is nutrition-sensitive. Also, in water, sanitation and health, we are increasing the proportion that we give in ODA money to nutrition and also to climate: we have recently doubled our international climate fund spending, and an increased proportion of that is on nutrition. The £1.5 billion is a floor, not a ceiling, and I hope that, when we can return to the higher levels of spending on ODA, the noble Lord will see yet more increases in this important area.

[Baroness Northover (LD)]

The Minister will be well aware that millions of children still die of acute malnutrition every year. I come back to a specific figure here. When will the Government restore the funding to the global nutrition budget, which they cut by 60% in 2021? When will they do that?

[Lord Benyon (Con)]

We are reviewing the £1.5 billion next year and we may see increases as a result of that review. Funding for child wasting, the deadliest form of malnutrition, is insufficient across the whole world, and unsustainable. Only a quarter of wasted children receive treatment and, while 75% of cases are outside of emergencies, 60% of funding is through unpredictable, short-term humanitarian channels. We have focused a lot of our spending on recent crises and want to make sure that we are also integrating it right across our donor funding streams.

[Lord Purvis of Tweed (LD)]

My Lords, the Minister will know that nutrition-sensitive funding is extremely broad. The noble Lord, Lord Collins, asked what proportion was nutrition-specific funding, which is the most impactful element that will have the most meaningful effect. What proportion of the funding that the Minister outlined is actually nutrition-specific funding on nutrition programmes, rather than the very general funding that is nutrition-sensitive?

[Lord Benyon (Con)]

I tried to address the point when I responded to the noble Lord who asked the Question. I can give the noble Lord more specific details if he wishes. From 2020 to 2021, the proportion of health programmes that were nutrition-sensitive and nutrition-specific rose respectively from 20% to 23% and from 23% to 24%. Other areas, for example water, sanitation and hygiene, are crucial, because if children are suffering from other ailments, they cannot possibly start to recover the body weight that they need. That proportion has increased from 17% to 37%, and I am very happy to give the noble Lord more details if he wishes.

[Lord Jackson of Peterborough (Con)]

Following on from the question from the noble Lord, Lord Purvis of Tweed, about overseas aid, is it not better, when considering reinstatement of the 0.7% target, that we look, as the Canadians do, at a project-based system that focuses on the most acute need, which will deliver the best value for our taxpayer funding and will retain strong public support?

[Lord Benyon (Con)]

I understand the point made by my noble friend and I would refer him to the White Paper that we published last week, which has been widely accepted by those who really understand these issues as a good attempt to try to integrate issues such as nutrition in so many different areas. We have to carry the public with us. Very often, when you ask in a public meeting what percentage people think that we spend on overseas aid, they give you a vastly greater amount than we actually do. We need to explain that it is going to change people’s lives and, hopefully, make economies better, reduce the need for people to migrate and keep stability. There are so many different strands to this, and we need to make that case, which was eloquently made in the White Paper.

[Lord Kamall (Con)]

My Lords, to coincide with last year’s Commonwealth Games, there was also the Commonwealth food futures 2022 summit, to discuss exactly these issues. Can the Minister tell us what other international organisations the Government are working with to ensure that we really improve the nutrition of the very poorest and most needy on this planet?

[Lord Benyon (Con)]

We think that the nutrition for growth dialogue on an annual basis, holding ourselves to account, is really important. We co-hosted the global food security summit, which was held last week in Lancaster House, with Somalia and the United Arab Emirates. The nutrition for growth proposal is that the next meeting should take place in Paris. We are working very closely with the French on this. My colleague, Andrew Mitchell, has met with them and with the director general, Melinda Bohannon, to try to work out how we can make this next phase really effective. In the short time that I have been in the department, I have seen how transparent we are in the quantities that we give and how we explain it. I hope that noble Lords will look at the White Paper and see how we are working with so many other different parties, particularly civil society, in achieving this.

[Baroness Walmsley (LD)]

My Lords, the Minister will be aware of the good work being done by Gavi on vaccination across the world. However, is he aware that Gavi is now aware of the link between vaccination effectiveness and nutrition in children? Undernourished children do not have as beneficial a response to the vaccination as they should. That is why Gavi has now linked the two things in its campaigning. Will the Government support that?

[Lord Benyon (Con)]

The noble Baroness says much more eloquently what I was trying to say earlier. If you deal with various other health outcomes, you have a much better chance of getting a sustained improvement, for children in particular. I absolutely agree with what she says and I am very happy to work with Gavi on this.

[Lord Winston (Lab)]

My Lords, following on from the previous question, can the Minister tell the House how the Government do the metrics to ensure that the impacts of the nutrition programmes are as effective as they could be, particularly, for example, in areas of health? Can he give us some indication of how that is done? I have not read the White Paper, admittedly.

[Lord Benyon (Con)]

The White Paper seeks to set out how we hold ourselves accountable to the amounts of ODA that we give and to which areas. I cannot, particularly in a short moment here—even if I knew it—give the noble Lord the details of the metrics, but I urge him to look at the White Paper and, if he still requires information, I would be very happy to arrange for him to meet officials or to write to him.

[Baroness McIntosh of Pickering (Con)]

My Lords, will the Minister look favourably on the work—and applaud the work—done by non-governmental organisations in the third world in this regard? I had the privilege, with a number of colleagues more than 10 years ago, to travel with Nestlé to see the work it was doing in Africa in regard to the provision of nutrition, water and sanitation. Will he applaud the work that it does, together with Governments, in this regard?

[Lord Benyon (Con)]

Non-governmental organisations and those who work for them do heroic work in some of the most difficult parts of the world. We recently debated in this House the situation in Sudan and South Sudan. One of the difficulties that we have is getting people on to the ground, getting them visas and getting them safely to places where they can deliver aid. NGOs, faith-based organisations and civil society are absolutely vital for the effective implementation of overseas development aid.

Israel and Hamas: Humanitarian Pause

Lord Benyon Excerpts

Wednesday 29th November 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, events are changing every minute, and it is very difficult to keep up to date, but I know that all our hopes and prayers are for a further extension of the cessation of hostilities, which will provide relief in Israel, Gaza and beyond. I certainly acknowledge the Government’s efforts in giving humanitarian support, which I very much welcome.

There are two specific issues that I feel Andrew Mitchell did not properly address when he had the opportunity earlier this week. One is in relation to the release by Hamas of nationals from around the world. Can the Minister give an update on the British hostages that the Government had previously reported were being held in Gaza?

My right honourable friend David Lammy has written to the Foreign Secretary, asking him to respond to Steve Brisley’s request for a response to his family’s request to meet the Foreign Secretary. I know this was raised yesterday. Can he give an assurance on it? The matter should be properly addressed without delay. It is awful that they have heard nothing from this Government about their family members who are being held as hostages.

My other point was raised by Alicia Kearns, the chair of the Foreign Affairs Committee, in relation to Netanyahu’s announcement of funds of $80 million for the expansion of settlements. Can the Minister be more explicit about the British Government’s response to that? Have we made direct representations to the Prime Minister of Israel to ensure that it complies with international law in this regard? It will hinder progress towards a two-state solution.

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

My Lords, I thank the noble Lord for his questions. He is right that it is a very fast-moving situation, and the hostage releases start at about 2 pm local time, which is very shortly. I can give him figures as of yesterday only: we think that a total of 81 hostages have been released under the deal.

It is wrong to call this a humanitarian pause: it is a pause to facilitate a hostage release deal. We want a humanitarian pause—we actually want a ceasefire. But the good news is that Ada Sagi, an Israeli national with a British family, was one of those released, and another 10 have been agreed for today. We hope that that is taking place as we speak.

The number of foreign nationals crossing the border while hostage exchanges are going on is none, because the hostage release has primacy. Some 245 UK-supported foreign nationals have crossed at Rafah; of those who have left, 175 are British nationals, 27 are country-based UK staff, 43 are Palestinian dependants, and 67 people are waiting to cross. There are some issues relating to people who have clearance to leave—

[Lord Collins of Highbury]

That was not my question; it was about British nationals who are hostages.

[Lord Benyon (Con)]

I take the point that the noble Lord asked about the hostages. We are working very closely with the Qataris, and my noble friend Lord Ahmad of Wimbledon has been in regular discussions with the negotiator and has made the point that we want a release. I am very happy, as is he and is the Foreign Secretary, to meet families with British connections from both sides of the conflict. Indeed, I am meeting families of the hostages after this session so I will be very happy to continue that dialogue.

[Lord Purvis of Tweed (LD)]

My Lords, the release of the hostages is a blessed relief for the families involved, but the humanitarian catastrophe continues. I heard the Minister say that His Majesty’s Government now favour a ceasefire rather than just a pause. These Benches would support that but I understand that it is not government policy. If he could clarify that, I would be grateful. More than 10,000 women and children have now been killed in Gaza, so does the Minister agree that the UK needs to fully replenish our humanitarian support to levels pre the ODA cut? He did not respond to the question from the noble Lord, Lord Collins, on the West Bank. The Israeli Government passed a budget this week which included over $100 million for expanded West Bank settlement and the weaponisation of some of those settlers. Surely the position of Benny Gantz and Yair Lapid, who oppose this in the Knesset, should be supported by the Government.

[Lord Benyon (Con)]

The Government have been very clear about the settlements on the West Bank and I apologise if I did not answer the noble Lord, Lord Collins. The noble Lord, Lord Purvis, is absolutely right that this is an emerging humanitarian crisis. We entirely support Israel’s right to defend itself and to perpetrate efforts to ensure that Hamas never commits such an appalling atrocity again. We want aid to get to people who are in a really dire state. As for language, we want the conflict to end and if that is a ceasefire or a pause I am not going to be semantic; we want to make sure that we get aid to people in the meantime. We do not want to limit the opportunity for Israel to defend itself and fight a legitimate conflict against Hamas, but we want to protect civilians and get aid in there, and we will do all we can to make sure that is happening.

[Lord Sterling of Plaistow (Con)]

My Lords, if the 7 October atrocities had never happened, there would never have been a war in that area at all and nobody—no man, woman or child—would have died. There were only a few weeks before the Abraham accords were going to be signed, as noble Lords all know. If that had happened, we would not have had this outrageous anti-Semitism increasing throughout the world. Does the Minister agree with that view?

[Lord Benyon (Con)]

The conflict has had a terrible effect of destabilising people way beyond the region. As I said earlier, we firmly support Israel’s right to defend itself but the tragedy is that, while there was still terrible poverty in Gaza, there was hope for a great many people. There was an emerging tech economy. There were things happening of a very good nature. Hamas has spent a very large amount of money on things it should not have spent money on—it should have been improving healthcare and education—and that is a tragedy. We want to support the people of Gaza and the people of the region in trying to rebuild this shattered community and make sure that Hamas never has a role in its governance again.

[Lord Walney (CB)]

Do the Government continue to share Israel’s assessment that that country and the world can be free from the threat of Hamas only if we see Hamas in the same terms as ISIS: in needing to completely eliminate that threat, rather than cut a deal, make a ceasefire and entrench its resistance for decades to come?

[Lord Benyon (Con)]

This is a matter to be settled in the region. Countries such as ours can be involved, and we are involved at a high level, particularly with negotiations on the hostages. I entirely agree with the noble Lord: Hamas is a terrorist organisation, and the horrendous attacks it perpetrated on 7 October cannot be seen as anything other than a brutal terrorist atrocity.

[Baroness Whitaker (Lab)]

My Lords, there have been reports of women and girls being violently raped by Hamas terrorists, but I have seen no reflection of this in UN reports or actions. Does the Minister agree with me that, since rape is a war crime, this should be reflected in the UN’s understanding of the situation?

[Lord Benyon (Con)]

We have very strong views where actions such as rape and torture are used to perpetrate conflict in any form whatever. I entirely agree with the noble Baroness that this matter should be investigated further and the people responsible should be held to account. We really want to ensure that the vast number of people who are affected by, and are innocent parties to, this conflict can receive the humanitarian aid they deserve.

Sudan and South Sudan

Lord Benyon Excerpts

Monday 27th November 2023 Lords Chamber

[Baroness Anelay of St Johns]

To ask His Majesty’s Government what steps they are taking to support peace and democracy in Sudan and South Sudan.

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

My Lords, the UK is committed to supporting Sudan and South Sudan to achieve an enduring peace. In Sudan, we are pursuing all diplomatic avenues to press the warring parties into a sustained and meaningful peace process that paves the way to a return to a civilian-led government. In South Sudan, we continue to urge the Government to implement the peace agreement and secure a peaceful transition to democracy through free and fair elections.

[Baroness Anelay of St Johns (Con)]

My Lords, conflict between the two armed forces within Sudan has intensified over the last few months. Just a few days ago, the Sudan Government then informed or notified the United Nations that it wanted to pull out of the United Nations Assistance Mission ASAP or by 3 December, which is the last date on which this current rollover mandate of peace remains. As the UK is penholder on Sudan at the UN, can my noble friend tell me what negotiations there have been with the Sudanese Government to ensure that this mandate is rolled over, in a way that maintains the present level of impact upon Sudan? Otherwise, the millions of people who have been displaced, including 3 million children who are now on the verge of famine, will not be fed.

[Lord Benyon (Con)]

My noble friend is absolutely right. The UK led the renewal of the mandate for the UN Integrated Transitional Assistance Mission in Sudan on 2 June to ensure that the UNITAMS process would have the most effective mandate possible to address the crisis in Sudan. She is absolutely right: there are 6.2 million people displaced, 1.2 million of them in neighbouring countries. As penholder on Sudan at the Security Council, we work in close partnership with the UN, including on how the UN can best support the Sudanese people going forwards. We will continue to work with Sudan and other interested parties on this ahead of the expiry of the UNITAMs mandate on 3 December. It is absolutely vital that all countries are doing their bit to try to assist the people who are suffering most in this terrible conflict.

[Lord Anderson of Swansea (Lab)]

My Lords, the conflict in Sudan is tragically forgotten by the world. The UN is paralysed, while the African Union stands on the other side and watches what happens. There is no real prospect yet of a ceasefire or any positive movement, so what can the Government do? As a penholder, can we persuade other Governments to increase support for the aid agencies as the tragedy unfolds?

--- Later in debate ---

[Lord Benyon (Con)]

The noble Lord rightly portrays a very stark situation, but the conflict is not ignored by this Government. We strongly believe that neither of the warring parties should have any role in power in a future Sudan, and we support an African-led approach to resolving the crisis. We are working with a range of partners, including the Quad—Saudi Arabia, the UAE, the United States and ourselves—as well as African countries, the Intergovernmental Authority on Development, the African Union and the UN to achieve a permanent ceasefire and allow unfettered humanitarian access. One of the great problems is getting humanitarian access to particular parts of Sudan; just getting visas for humanitarian aid workers is impossible. We are also helping a broad group of Sudanese civilian actors and stakeholders—that most recently took place in Addis Ababa at the end of October. My ministerial colleagues and I will continue to have meetings with parties to try to affect a changing situation, but I entirely agree that it looks bleak at the moment.

[Lord Singh of Wimbledon (CB)]

My Lords, if we get a leakage of water causing damage at home, the first thing we do is turn off the supply system. I know that I will be told that we have the most rigid control of arms in the world, but arms manufactured in this country are being sold to Saudi Arabia and the UAE, which then sell them on to the warring parties in Sudan. Is that acceptable?

[Lord Benyon (Con)]

There is a long-standing UK arms embargo in place for the whole of Sudan, as well as a UN arms embargo on Darfur. If the noble Lord wants to give me more evidence of what he said, I will certainly take it up.

[Lord Collins of Highbury (Lab)]

My Lords, the Minister referred to the displacement of people raised by the noble Baroness, who is absolutely right about UN involvement and our responsibility as a penholder. What was our response to the World Food Programme, which has announced that it requires £150 million just to support those who have moved to Chad? Can we take this issue seriously? As the noble Baroness said, women, girls and children are in an absolutely desperate situation and we need to respond.

[Lord Benyon (Con)]

The noble Lord is right about the situation. Some 24.7 million people need assistance and, as I said earlier, 6.2 million people have been displaced since 15 April, a large proportion of whom are in Darfur. Our top humanitarian priority is to secure humanitarian access and operational security guarantees for humanitarian agencies, as there can be no aid without safe and reliable access. In May, the Minister for Development and Africa announced £21.7 million in UK humanitarian aid for Sudan, as well as £5 million to help meet the urgent needs of refugees and returnees fleeing violence in Sudan into South Sudan and Chad. UK support is providing nutrition, drinking water and medical aid, as well as supporting our protection services, including for those affected by gender-based violence, of which there is a horrendous amount.

[Lord Purvis of Tweed (LD)]

My Lords, I welcome the Minister to his place. He mentioned the democratic civilian forces meeting in Addis Ababa at the end of October. I declare an interest, in that I was there with them and I have been supporting them since the outbreak of the conflict in April. That meeting was a major move forward, and they are now working on a programme called Takadum, which means “progress”. Does the Minister agree with me that, if there is to be space for those civilians to take part in any meaningful peace negotiations to end this terrible conflict, the conflict cannot be prolonged? Armaments for the RSF and the SAF forces are being replenished, so will the Government consider having sanctions ready for any neighbouring countries—the whole sweep of Libya and Egypt, as well as the UAE, Turkey and Iran—participating in that replenishment during this dreadful conflict?

[Lord Benyon (Con)]

I thank the noble Lord for his involvement in this process. On 12 July, the Minster for Africa and Development announced a package of six UK sanctions, putting in place an asset freeze on the three commercial entities linked to each party involved in the conflict—the Sudanese Armed Forces and the Rapid Support Forces. We do not speculate on future sanctions, but we will certainly look at anything that would limit the illegal activities that bring arms and cause this massive problem to continue, and we will certainly work with the noble Lord and others to ensure we are achieving that.

[Lord Boateng (Lab)]

My Lords, peacebuilding requires specific, focused actions on the ground. There are few organisations on the ground in Sudan that have any credibility. Faith-based organisations, however, both Christian and Islamic, do. What specific steps have His Majesty’s Government taken to support faith-based organisations in their work in that country?

[Lord Benyon (Con)]

Next door, in South Sudan, there was an extremely important visit by the Holy Father, the most reverend Primate the Archbishop of Canterbury and the Moderator of the Church of Scotland. That certainly coalesced faith-based organisations in that area. However, in Sudan it is, if anything, more difficult because of this raging civil war. The noble Lord is right that civil society and faith-based organisations are very often the best people at delivering aid and support and trying to get humanitarian aid to those areas as quickly as possible.

[Baroness Helic (Con)]

My Lords, on 14 July, members of the PSVI international alliance issued a joint statement condemning reports of increased sexual violence and calling on all parties to stop the violence. Four months later, on almost a daily basis we hear about rape being used as a weapon of war, particularly in Darfur. We are seeing a repeat of the actions that led to genocide 20 years ago. What is my noble friend’s proposal? How do we address this? How do we best interfere and intervene in order not to see a repeat of the crimes that were committed then?

[Lord Benyon (Con)]

My noble friend raises a really important point. We have attacked in the strongest terms the atrocities we are hearing reports of from across Sudan. We initiated the Sudan Core Group members’ resolution to establish an independent fact-finding mission for Sudan, which was adopted by the UN Human Rights Council in October, and we will support future accountability efforts in Sudan. We condemn the ongoing attacks in west Darfur on innocent civilians by militias, particularly the RSF, which have all the hallmarks of ethnic cleansing. My noble friend is absolutely right: the use of rape and torture as weapons of war is utterly appalling, and we want to ensure not only that it stops but that those who have partaken of this are held accountable.

Wine (Revocation and Consequential Provision) Regulations 2023

Lord Benyon Excerpts

Monday 27th November 2023 Lords Chamber

Moved by

[Lord Benyon]

That the draft Regulations laid before the House on 25 October be approved.

Relevant document: 2nd Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

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

My Lords, leaving the EU gives us a unique opportunity to review our retained EU wine law to ensure that it better suits our domestic needs. The UK wine market was worth more than £10 billion in 2022 in off-trade and on-trade sales and the UK’s developing domestic production sector has attracted significant global investment. It is therefore vital to reform retained EU laws to give us the opportunity to boost growth and development in our domestic industry and to give it the capacity to tackle future environmental and economic challenges. To do this, the reforms that I am setting out to the House today will address a number of issues faced by our wine businesses. They will remove barriers, support innovation and simplify regulations to help to support growth in our wine trade and production industry, giving them the freedom to meet new and evolving demands while maintaining the high standards that consumers have come to expect.

First, the regulations will amend current importer labelling requirements. The instrument will remove a stipulation that imported wine must show the prefix “Importer” or “Imported by” before the address of the business responsible for importing that wine to England. It will mean that the general food law provisions relating to the identification of the responsible food business operator will apply to wine in the same way as they apply to other food products, without any additional importer labelling requirements in wine law on top of that. Changing importer labelling provisions means that businesses do not have to face unnecessary costs and bureaucratic administrative burdens. With approximately 1.3 billion litres of wine being imported into the UK in the 12 months leading up to December 2022, these burdens from inherited EU labelling rules must be removed. This Government will always stand with businesses to create growth opportunities.

Secondly, we will allow wines with a protected designation of origin to be produced from any permitted grape variety or hybrid variety rather than just the species Vitis vinifera. Permitting the use of non-Vitis vinifera species and hybrid varieties in PDO wines can bring significant benefits to both the industry and to the environment. Hybrid varieties often exhibit higher disease resistance compared to traditional Vitis vinifera varieties. The use of hybrid grape varieties can contribute to greater crop consistency and thus supply chain resilience. These hybrid grapes are often bred to withstand various climatic conditions and soil types, leading to more predictable yields. That predictability can mitigate the impacts of climate-related fluctuations and contribute to a stable supply of grapes, supporting both producers and consumers.

Thirdly, the instrument will remove the ban on the production of piquette, a wine-based beverage produced by adding water to grape pomace. Ending this ban will allow wine producers to create a new product offering using a by-product of the wine production process. This is an exciting and interesting opportunity that the Government want to provide to our wine producers.

The Government will also continue to support the thriving wine industry by enabling the blending of imported wine in England. This reform is permissive in nature, so take-up from the sector is voluntary. Our aim of allowing the blending of any wine in England will enable the wine industry to blend different varieties of wine from the same or various origins to achieve greater consistency in their products and to create entirely new products that suit consumer tastes. The Government are delighted that this measure also offers the opportunity for more British jobs in English wineries and bottling plants.

The Government are also keen to make the recycling of wine bottles easier in line with collection and packaging reforms. The instrument therefore intends to remove the mandatory requirements for foil caps and mushroom-shaped stoppers to be used in the marketing of sparkling wine. In addition to reducing waste, our aim is to make the production of sparkling wine more competitive.

The instrument will remove the wine certification scheme. The Government have listened to our wine industry and acted to remove unnecessary bureaucracy. The Government opposed the wine certification scheme policy as an EU member; now that we have left, we can seize the opportunity to determine our own laws. The instrument therefore intends to remove the wine certification arrangements. The current cost of the application process is £15 plus VAT per varietal wine. By removing the scheme, the relevant wine producers are avoiding that unnecessary cost.

I recognise that a majority of these first-phase reforms will apply only in England. However, the Welsh Government and Defra have agreed to pursue future reforms together, allowing these benefits to flow to the wine industry across both nations. As we have done from the outset, we continue to encourage Scotland to make similar reforms.

Together, the changes I have set out will liberalise the growing domestic wine industry and address several issues that our wine businesses face. They will remove barriers, support innovation and simplify regulations to help support growth in our wine trade and production industries. These proposed reforms give them the freedom to meet new and evolving demands while also maintaining the high standards that consumers have come to expect.

Our wine industry and producers support the changes set out in this instrument and welcome the flexibility it provides. The Government intend to bring further changes to allow the wine industry the benefits of leaving the European Union. This instrument is part of a broader package of reforms giving our thriving wine and alcoholic drinks sector greater flexibilities that will support it in the future. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend the Minister for presenting the regulations before us this afternoon; overall, they are a very positive contribution to the wines and spirits industry. I declare my interest: I chair the Proof of Age Standards Scheme board, of which the wines and spirits trust is a member. I was very grateful for its briefing as part of my preparations for this afternoon.

I have just a couple of questions for my noble friend. While it is welcome that the regulations will benefit both consumers and indeed the wine industry, my noble friend mentioned that there are one, if not two, further statutory instruments to come before the House in the next six months. Would it not have been better to do all three statutory instruments together? I understand that the Secondary Legislation Scrutiny Committee, which prepared a report in advance of the regulations being laid before us this this afternoon, expressed concern about the lack of a uniform approach and level playing field across Great Britain, and the way the department has introduced and promoted the instrument.

I welcome my noble friend’s having reached an agreement between the department and the Welsh Government. Can he tell us the status of the agreement between his department and the Scottish Government in that regard? Also, it is particularly welcome that, as my noble friend said, only one label will be required, so we are in fact restoring the situation that existed before Brexit. It looked at one time as though two labels would be required on one bottle, one for consumption in the EU and one for consumption in the UK, and it is very good news indeed that these labelling changes have gone ahead in such a sensible way.

With those few remarks, can my noble friend explain the thinking behind having one statutory instrument before the House now, with two to follow in short order? Also, can he explain the precise situation with the Scottish Government regarding the instrument before us this afternoon? However, I welcome these regulations.

--- Later in debate ---

I wonder what the Government are doing to address the concerns that emerged from the consultation. Although it was positive overall, there were sufficient negative responses and issues raised for the Government to need to give a more detailed response. I will be interested to hear what the Minister has to say about that.

[Lord Benyon (Con)]

I am grateful to my noble friend and the noble Baroness for their views on this instrument. I believe we all recognise the importance of the wine industry. These changes support this aim and will ensure greater flexibility. I recognise that a majority of these first-phase reforms will apply only in England. As I said earlier, the Welsh Government and Defra have agreed to pursue reforms together, allowing these benefits to flow to the wine industry in both nations.

We are working with Scotland. Of the wine we drink in this country, I think only 1% is produced here. Most of that is produced in the south-east of England but a wine industry is now emerging across the United Kingdom. We want to encourage this. It shows farmers and land managers adapting to a changing climate and opportunities for a home-grown industry that we want to see flourish. The changes to importer labelling are required to ensure that the industry avoids unnecessary costs. Revoking importer labelling provisions in wine law will result in the application of the general food law provisions relating to food business operator labelling. This is a change I assure noble Lords that both this Government and the wine industry wish to see.

I hope that it will get the support of the House. Our desire is to improve the sustainability and innovation of the wine sector through enabling PDOs to be applied for in relation to wines made from hybrid grape varieties. This brings long-term benefits to both industry and the environment as well as increasing consumer choice. Blending wine also offers this opportunity, in addition to improving consistency and reducing waste. A serious point made by the Wine and Spirits Trade Association is that the blending of wine is something that the industry wants to do. It is in the consumers’ interest, it reduces waste and it improves quality. It allows for the same flexibility that vineyards have to supply wine that the consumer wants.

The Government also wish to free our wine industry from inherited EU bureaucracy by removing the certification arrangements for non-GI wine marketed with a variety and/or vintage indication. Again, these reforms aim to remove additional costs and administrative burdens on producers. The improvements this Government have made on wine will provide consumer confidence and sustainable growth, encourage frictionless trade, improve our environmental impact and, most importantly, remove unnecessary burdens.

My noble friend Lady McIntosh asked why we are doing this now and then tabling a further two statutory instruments later. The answer is that it is important to get this one agreed before the end of the year, when otherwise the transitional labelling rules will end. We want all food business-operated rules to be in place by 1 January. The other two statutory instruments are slightly more technical in nature and require a bit more work. We are working at pace to bring those forward in the new year.

The noble Baroness, Lady Hayman, also referred to labelling. We want to make sure that labelling is simple and straightforward. We have sought to reduce the burden on producers but still offer the correct labelling. This requirement will allow, for example, the words “a blend of wines from Australia” or “a blend of wines from Chile and Argentina” to be on the bottle. That gives enough information to the consumer, but also secures what we believe is a proportionate requirement on the industry.

I think I have addressed all the points raised. I hope the House will approve this instrument.

Motion agreed.

Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023

Lord Benyon Excerpts

Monday 27th November 2023 Lords Chamber

[Lord Redesdale (LD)]

My Lords, I want to support the Government on a couple of points, which I know the Minister will find surprising. Is it just me, or is it cynical to suggest that the date for the cut-off was set not for after this Government, nor for the next Government, but for the Government after, which always gives the impression that we have moved to the point where it is in the long grass and nobody is thinking about it?

The noble Lord, Lord Hodgson, talked about the 2000 Act, and I remember being part of the debates when we discussed that in 2000. There was great hope at that point that there would be money pouring into the rights of way from the Labour Government, but that sort of dissipated. I very much hope that the Minister can raise with his officials whether there could be discussion with the national heritage fund about coming forward with some funding, because it is not going to come from local authorities and the volunteer groups are going to find it difficult to push this forward.

I want to speak on this because I am one of those very rare individuals—one of the landowners that the noble Baroness, Lady Bennett, talked about: a rapacious landlord in the north of Northumbria. The success I have had recently is introducing a new right of way, in relation to higher-level stewardship. I give a note of caution to anybody who goes down that route, which is that we agreed the right of way on a map. This summer I decided to actually follow the right of way, as set out by Northumberland National Park. The first half a mile is absolutely fabulous, through bucolic pastureland. However, you then hit a stile, and if you go over the stile and follow the path, you go down a near-vertical cliff face, which is almost lethal. In fact, it is totally lethal because it is covered in bracken. If you manage to get to the bottom of this without breaking your ankle, you hit the next helpfully placed marker, which directs you straight through a bog, which my children used to call a “welly-eater”—a bog you get half way through and then realise it has sucked your welly off and you will never see it again. After that you get to the most beautiful site on the riverbank, before you then have to think about going back the other way. I was told by the local authority that I could change it, but that it would probably be a harder process than taking the route in the first place.

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

My Lords, I thank the noble Baroness, Lady Hayman of Ullock, and my noble friend Lord Hodgson of Astley Abbotts for introducing these Motions, and all noble Lords who have contributed to this debate. I notice that the noble Baroness, Lady Mallalieu, is in her place and did not contribute to this debate, but I take the opportunity to wish her a very happy birthday.

The Government are committed to increasing access to nature. The environmental improvement plan sets out an ambitious commitment, as pointed out by the noble Lord, Lord Rosser, for everyone to live within a 15-minute walk of green or blue space, and to reduce other barriers that prevent people accessing it. My Secretary of State feels very passionately about this whole debate and, as Chief Secretary to the Treasury, got me and various others in, when I had responsibility for access at Defra, to drive forward an agenda that coalesced in the Agnew commission. A lot of fresh thinking is now taking place and breathing new life into that, and he is really committed.

This is part of a much wider debate, and I just want to put this on the record. We have nearly completed the 2,700-mile King Charles III England Coast Path, a product of the Marine and Coastal Access Act, which we firmly support and are proud to have delivered on our watch. We are delivering a £9 million levelling up parks fund to improve green space in more than 100 disadvantaged neighbourhoods in the UK—a point that the noble Lord, Lord Rosser, raised—and delivering the £14.5 million Access for All programme to make access to green and blue spaces more inclusive. There are much wider issues around well-being, the social prescribing agenda and the success we have had through our farming and protected landscapes grant schemes, which have seen many new miles of footpaths in some of our most amazing landscapes.

--- Later in debate ---

[Lord Hodgson of Astley Abbotts (Con)]

I sense that my noble friend has reached his peroration. Could we just go back to Oflog? I absolutely accept his good intentions and what he has told us, but we know that we will leave this Chamber, that things will move on and that this Office for Local Government will give those of us who are interested in this topic a chance to chase the laggards, because there will be information, if Oflog has this as part of its remit. Could my noble friend look at this and come back to those of us who have contributed to the debate with conclusions as to what he has found out?

[Lord Benyon (Con)]

I thank my noble friend. I noted his point about Oflog. I will write to him with a detailed reply and convey his sensible suggestion to my colleagues at Defra. I hope they will be able to take that forward because it is a good suggestion.

I am conscious of the time, but I know there is concern about resourcing. I have talked about local authorities but, on funding for voluntary bodies, we recognise and value the important work carried out by the voluntary sector over many years to identify and apply for historic rights of way to be legally recorded. We want to continue the good working, particularly at a local level, between organisations such as the Ramblers and the land managers and the local authority through local access fora to get these issues resolved in a timely way.

A concern was raised about exceptions. Regulations to except certain historic rights of way from extinguishment will be laid as soon as possible. Officials are currently working with stakeholders to complete these regulations as part of our wider package of rights of way reforms.

There was some interest in what exactly is going to be excepted. We have committed to introduce regulations that will except unrecorded historic rights of way from extinguishment in a number of different ways. This will include all rights of way subject to applications that have not been concluded before 1 January 2031, rights of way in urban areas, and those that appear on the list of streets or National Street Gazetteer that are shown as maintainable at the public expense. Where the recorded width of a historic right of way is less than the actual true width, regulations will ensure that the width necessary for the continued safe and convenient passage of users will be saved from extinguishment—a key concern of many campaign groups.

[Baroness Butler-Sloss (CB)]

I am sorry to interrupt the Minister. I am not a rambler and I do not walk on footpaths nowadays, but I fail to understand why the Government are prepared to extinguish some unrecorded rights of way. I find that very odd: you will have some exceptions but there may be many that are extinguished. I fail to understand, from what the Minister has said, why the Government are doing this.

[Lord Benyon (Con)]

This was a product of an Act that was passed many years ago. There was a cut-off date of 2026 to give certainty, because otherwise this will roll on and on. It is also for people to be able to understand the complications in certain areas, such as biosecurity and safety. In the past, many footpaths went through farmyards, which are now not safe places for walkers to go, so this is also to be able to divert those paths to where they are safe, and protect stock from issues related to that. But the key point is about creating certainty; that is what we seek to do. By 2031, we should be able to get most of those historic rights established. I hope I have been successful in getting that point across, but I am happy to follow this up with meetings or further correspondence with noble Lords.

We recognise the benefits that our rights of way reforms will bring, and are working to complete and lay the necessary secondary legislation as soon as we can. Officials will continue to work closely with key stakeholders, including Members of this House, to ensure that all sides will benefit from these reforms.

The noble Earl, Lord Russell, raised a point about the cut-off date; there are approximately 4,000 applications for definitive map modification orders waiting to be determined by local authorities, most of which are applications to recorded historic rights of way. We expect the volume of applications to increase up to the cut-off date, which is why we have committed to ensuring that all applications remain live after the cut-off date until they are concluded—a key concern of the noble Lord, Lord Rosser. The reforms we are introducing will help to address the backlog, making it faster and less expensive to resolve historic rights of way applications. Commencing and extending the cut-off date now has provided certainty to all parties, both that the cut-off date will have effect and over when it will apply. By extending the date to 2031, we have provided an additional five years to submit these applications. We fully recognise the importance of regulations specifying exemptions from extinguishment, and we are committed to introducing these as soon as possible.

The noble Earl, Lord Russell, asked about the additional financial burden. I think I have addressed that. This will be a continuing concern for local authorities. We recognise that, but we hope that there are existing resources available to suit this. The noble Lord, Lord Rosser, asked how many local authorities are affected. All local authorities in England are affected—all 317 of them. The stakeholder working group meets monthly and has all parties of interest attending. It is chaired by a senior Defra official, and Ministers take close interest in what they bring forward and have been key to the debate surrounding this.

I recognise that a great many other points were raised. I do not believe I have the opportunity to answer them all in detail, but I will reply in letter form, if I may. I thank noble Lords for their attention. I hope that what I have said has persuaded the Members who tabled these Motions of this Government’s commitment to greater access and to seeing historic paths recorded.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank all noble Lords who took part in the debate. I particularly welcome my noble friend Lord Rosser, and listened to him speak with such passion and authority today.

When the Minister started, I thought perhaps he had listened to the debate and seen the light, as he seemed so keen on rights of access and preserving public rights of way. It was disappointing that he then went on to not acknowledge the challenges facing local authorities and voluntary groups to manage the task ahead of them. On the consultation point, I recognised in my speech that the cut-off date could not be postponed beyond 2031, but consultation does not have to be just about timing. It could have looked at exemptions and resources, and considered that as part of a wider consultation on the matter. But I hope the debate will enable the Minister to focus on the task ahead and keep a close watch on progress, because that is what we all want. Having said that, I beg leave to withdraw my Motion.

Food and Biological Security: Agricultural Fungicide

Lord Benyon Excerpts

Thursday 23rd November 2023 Grand Committee

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

My Lords, I congratulate the noble Baroness, Lady Bennett, on securing this debate and welcome the opportunity to respond on the assessment of how the UK’s current agricultural fungicide use will affect long-term food and biological security. I thank her not only for the way in which she opened the debate but for giving notice of the very serious questions that she put; I will endeavour to answer them and other questions that have been put in this debate.

The noble Baroness is entirely right: fungal diseases can cause serious damage to crops and other plants. Potato blight, which was mentioned, and Dutch elm disease are well-known examples but fungal infections can affect all crops. Fungi can also leave poisonous chemicals, such as mycotoxins, in infected plants, with consequent risks to people.

Most of the food we eat here in the UK is produced here in the UK. While the diversity of our food supply chain, where domestic production is combined with imports through stable trade routes, ensures its resilience, we cannot underestimate the importance of British farming in delivering food security in the UK. A key component of this is the management of pests, weeds and diseases. Careful selection of crop varieties and attention to good husbandry will help to limit fungal infection of crops. However, fungicides will be essential in some situations to prevent or control infection.

I come to some of the points raised by the noble Baroness. She asked what was being done to address the damage done to the microbiosphere and soil fungi—a point also mentioned by the noble Baroness, Lady Walmsley. We know that agricultural fungicides can affect the structure of soil microbial communities, including beneficial soil fungi, of which there are many. We promote the use of integrated pest management approaches, including the use of cover crops, which are known to increase soil microbial diversity. Through our environmental land management schemes, we are encouraging, incentivising and supporting farmers to develop integrated pest management into how they farm, and the use of green cover crops, which is absolutely vital. I will perhaps come on to say a little more about that.

I come to the noble Baroness’s specific point about ipflufenoquin and whether its use in agricultural or other commercial sectors is right, pending further investigation into the risk of cross-resistance emerging. I am of the belief—and I am happy to discuss this further with the noble Baroness—that this is not an active substance that is currently approved in the UK, or one that the HSE, which regulates this area, has received an application to approve. As and when it does, there is a very proper debate that the noble Baroness would be right in raising.

The noble Baroness also asked what work the Government were doing to reserve certain modes of action of antifungals for human medicine only, and about a risk management framework against cross-resistance development. The scope of the current regulatory regime extends only to considering resistance in the target pest, weed or disease, and therefore does not consider human pathogens. This is consistent with internationally accepted standards and guidance. However, we recognise the importance of understanding the broader impacts of resistance beyond single species. The new antimicrobial resistance national action plan, due to be published in 2024, will include a focus on plant health and will have commitments focused on better stewardship of antimicrobials in plants, as well as a call for a search on drivers of AMR in plants and the transmission routes of AMR through plants—directly responding to the very good point that the noble Baroness made—and on our greater understanding of the impacts of these fungicides in the wider contexts of the food we eat and the environment we seek to protect.

As with all pesticides authorised for use in Great Britain, fungicides can be placed on the market only after a thorough scientific risk assessment. That assessment and subsequent reviews consider risks to the environment and human health, as well as the efficacy of the fungicide. The assessment of efficacy is important in this context. To avoid excessive use, the regulator, the Health and Safety Executive, assesses the minimum dose of the active substance—that is the chemical that delivers the required effect—needed in the product. This will ensure that the product is sufficiently effective without applying more of it than is required, minimising the potential for resistance to develop. However, any pesticide must be used with care. We know that overuse of pesticides can have an impact on the natural environment but it can also lead to resistance, which costs farmers more and may cause further downstream impacts, including to human health, as the noble Baroness said.

The noble Baroness, Lady Hayman, asked about compliance. There is a very strict enforcement process, governed mainly by the Environment Agency, on the release of chemicals into the environment, particularly into watercourses. I do not have a figure for the number of cases that we have dealt with in recent years, but it is certainly available and I am very happy to provide it to the House.

Managing antimicrobial resistance, or AMR, effectively is essential for biological security in the UK and globally. Our understanding of fungicide resistance as an emerging AMR threat is still growing. We are currently reviewing evidence of the link between fungicide resistance in crops and transition to animals, including humans. This work will fit into the broader context of the action this Government are taking on AMR, which encompasses resistance to infections caused by fungi, bacteria and other micro-organisms. In 2019 we published our 20-year vision to contain and control AMR by 2040. This strategic vision is supported by our current five-year AMR national action plan, running from 2019 to 2024, and a new action plan due to be published next year.

We have already made significant progress in combating AMR in agriculture. Our work on antibiotic resistance in animal agriculture has led to a 59% reduction in the use of antibiotic medicines in farmed animals between 2014 and 2022. It is a remarkable story, and there have been some staggering increases of way more than that. Alarmingly, last year there was a big spike of antibiotic use in salmon farming. We hope to see that continue to improve, but there are serious issues to answer there. Within this new plan, we seek to promote research into better understanding the transmission of antifungal resistance through the environment to humans and to encourage responsible antimicrobial use in crops by providing evidence-based guidance.

The noble Baroness asked what the Government are doing with the Quadripartite on these issues. Antifungal resistance is a subset of AMR and is taken into consideration in the UK and in global AMR strategies. I work with Ministers in other departments to make sure that the UK is absolutely at the forefront of these issues through our “one health” agenda. The UK is a leading member of the Quadripartite multi-stakeholder partnership platform on AMR, which is driving action on AMR across the sectors, including Governments, researchers, civil society organisations and funders.

A question was put about the national action plan on pesticides. We appreciate that noble Lords are concerned that the publication of the NAP has been delayed, and we will publish it shortly. We have not waited for its publication to move forward with work supporting sustainable pest management. Farmers can now sign up to new paid integrated pest management actions within the sustainable farming incentive scheme. We are really pleased with the level of interest in the new scheme, which includes integrated pest management, and we have had more people showing interest in the first month after the new actions were announced than we had in five months under the previous one. We are starting to see real buy-in to this. Feeding into that is a near doubling of the number of farmers in Countryside Stewardship, and our landscape recovery schemes are also taking place. This is moving into a good place, but there is much more work to be done.

We are also supporting research into pest management and IPM through the £270 million farming innovation programme, through which farmers and growers in England, with industry partners, can apply for funding to develop innovative methods and technologies to boost sustainable productivity in agriculture and horticulture. This work will help farmers access the most effective pest management tools available and ensure that we understand the changing trends in pest threats across the UK. It is really important that we see this grow and that research can be scaled here in the UK. Too often in the past we have seen really good ideas brought forward by unbelievably talented universities that have to go abroad to be scaled up. We want to see this investment here and this great new green tech boom exporting good practice and innovations across the world. We have not waited for the new AMR plan to be published to take action on pesticide resistance, as I said. This Government are already supporting this in a variety of different ways.

This holistic approach carefully considers all available plant protection methods to ensure that pesticides are used only where they are needed. Alternative methods of prevention and control are encouraged, and decision-making tools and monitoring systems are used to track pests and understand when intervention is required. IPM therefore helps to minimise chemical intervention and diversify the techniques used for pest and disease management, which reduces input costs for farmers and growers. We are all pulling in the same direction here: it absolutely makes sense for a farmer to use fewer pesticides, fungicides, sprays and other interventions if they possible can. The added advantage is that, over time, that will increase their resilience and reduce the likelihood of resistance. This year we announced new IPM actions as part of the SFI. That is working holistically, seeing better results for food security, the environment and, we hope, our health.

Around 10 years ago, when people started talking about precision farming, it seemed to be the future. Now, precision farming seems a little analogue in a digital age, when we are starting to see technologies coming through that can treat individual plants using data that is in the tractor cab and available through satellite imaging and other tools. We are starting to see benefits to both agriculture and horticulture, which could mean a dramatic diminution in the amount of spray we use.

Finally, in 2021 this Government established a £19.2 million research programme called Pathogen Surveillance in Agriculture, Food and the Environment, PATH-SAFE. This programme, led by the Food Standards Agency, will bolster our understanding of AMR in the environment, including the importance of different sources and potential transmission routes. We expect the final details of this project to be published next year.

[Baroness Bennett of Manor Castle (GP)]

Before the Minister concludes, I want to raise a couple of points that he has not covered. One thing that he alluded to is how this crosses over with the Department of Health. I have an easy question for him: will he please refer this debate to that department and make sure that it is aware of it? On the new AMR action plan, can the Minister ask the department whether we can have a meeting to talk about the specific issue of antifungals and make sure that it gets the attention it deserves?

I have two other questions that have not been covered. The Minister said that he does not know of any attempt to get ipflufenoquin registered here. Of course, if it is being used in the US, it is creating resistance that will be imported here, which is where the issue of trade deals will come in. Can the Minister make sure that this is drawn to the attention of our trade negotiators?

Finally, the noble Baroness, Lady Walmsley, asked about the numbers in terms of the SFI and integrated pest management. I understand that the Minister may not be able to answer now, but can he update us in a letter on the numbers of people applying to that?

--- Later in debate ---

[Lord Benyon (Con)]

I thank the noble Baroness for those points. I sit on a cross-ministerial committee with Health Ministers, and we are absolutely making the point that antimicrobial resistance is a matter not just for health but for Defra, and that we have an international role in different fora, such as the WHO, UNEP and others. We certainly take this extremely seriously. I will write to the noble Baroness with more details about when the AMR action plan comes out. I am very happy to connect her with the officials who will draw that up.

On trade deals, we have a write-round process in government and I can assure her that we take this really seriously. There is perhaps enough interest in the House on SFI that I could write and put a letter in the Library with up-to-date figures on the uptake of ELMS.

I am conscious of time, so I will conclude by saying that, as with many areas of environmental and health policy, there are connections and tensions between two priorities. We are bringing together expertise from across government to ensure that our policy, regulation and strategy strike the right balance, so that pests, weeds and diseases can be managed effectively, while reducing the impacts of resistance across society, our environment, the food we eat and our reliance on it.

The specific actions being taken on resistance through the AMR national action plan and pesticide-specific policies and regulation are only one component in this broader picture. The recently published UK Biological Security Strategy and next year’s edition of the UK Food Security Report—a requirement of the Agriculture Act—showcase the UK Government’s focus on these key areas and how we will ensure that this country remains ready to handle these challenges.

Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2023

Lord Benyon Excerpts

Wednesday 15th November 2023 Lords Chamber

Moved by

[Lord Benyon]

That the draft Regulations laid before the House on 16 October be approved.

Considered in Grand Committee on 14 November.

Motion agreed.

NATO: Russia and Ukraine

Lord Benyon Excerpts

Thursday 15th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, we are working very closely with Ukraine, and not just in providing training support for its defence requirements. The noble Lord is right that we have been working; indeed, I remember that in my first role as Communities Minister—going back a bit to 2013—one of my international engagements was with Ukraine, about building local government structures. That continues to be the case; we work very closely with President Zelensky and his team.

[Lord Benyon (Con) [V]]

My Lords, egregious human rights violations and breaches of international law by murderous and kleptocratic regimes such as that in Russia can be responded to by using our relatively new Magnitsky legislation. Will my noble friend commit to using this legislation for such malign actions if they occur in the ongoing conflict in Ukraine?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with my noble friend; we are working on a range of issues around supporting human rights in support of Ukraine’s efforts, including in Crimea. We provide specific projects to groups supporting the rights of the citizens of Crimea. The United Kingdom has also contributed £700,000 to the UN Human Rights Monitoring Mission. On sanctions, I agree with my noble friend inasmuch as the whole basis of the governance structure of the sanctions is to call out egregious abuses of human rights. Where necessary, we have exercised them. We keep all matters under review, but I cannot speculate at this juncture about any future action we may take.