Environmental Targets (Fine Particulate Matter) (England) Regulations 2022

Debate between Lord De Mauley and Baroness Bakewell of Hardington Mandeville

Monday 30th January 2023 Lords Chamber

[Lord De Mauley (Con)]

My Lords, we all have a growing understanding of the devastating effects of PM2.5 and particulate matter in general on human health, and we welcome efforts to bear down on them. I think I heard the noble Baroness sidestep the question of what an appropriate target was, preferring simply to demand more ambition. Although other noble Lords have made some suggestions, she did not answer my noble friend the Minister’s question of what actions she specifically proposes should be banned or seriously cut back. It is important that the public know what they are.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to this SI. The noble Baroness, Lady Hayman, has spoken in detail about the lack of ambition and urgency in the Government’s regulations on fine particulates, and previous speakers have made powerful arguments for more ambitious targets.

I fear I feel like a single-track CD that is on continual replay, continuously playing the same track or, in my case, repeating the same arguments. The Secondary Legislation Scrutiny Committee, of which I am currently a member, has drawn the attention of the House to the issue of reducing concentrations of PM2.5, the pollutant causing the most harm to human health. The extensive consultation carried out by Defra drew responses on this regulation from Friends of the Earth, Greenpeace, the Woodland Trust and Asthma + Lung UK, all of whom jail felt the annual mean concentration target—the AMCT—of 10 micrograms per cubic metre at the sites of the highest level of concentration by December 2040 was not adequate. The Royal College of Physicians has written to me saying:

“Air pollution and poor air quality are a significant and growing public health challenge. In 2016, the RCP alongside the Royal College of Paediatrics and Child Health published Every Breath We Take. This report examined the impact of exposure to air pollution across the life course.”


The report found that around 40,000 premature deaths every year in the UK were attributable to exposure to outdoor air pollution.

The Healthy Air Coalition stated that the EU Commission proposes that this same target, of 10 micrograms per cubic metre, be reached by 2030 —10 years earlier than Defra’s target of 2040. The Healthy Air Coalition also asked why the requirement for a minimum number of monitoring stations will not come into effect until January 2028. Without these stations it is extremely difficult to have confidence in our ability to monitor the particulates and meet the targets, even at their very unambitious levels. Defra’s response to the questions on this were that it expected the monitor network to be completed in the next three years, but it had allowed for unavoidable slippage in building, networking and testing. Therefore, the legal requirement was going to be 2028.

The consultation responses from all quarters were clear that the targets were unambitious and should be higher. Despite this, as with all the other five areas of environmental targets, no change was made to the final targets. As this is the last of the six target areas to be debated, I ask the Minister how much the consultation exercise has cost in total? How many hours of Defra staff time were spent analysing and collating the responses? Given the very large number of responses—over 181,000—were extra resources deployed and temporary staff employed in order to help deal with the level of responses?

Defra spends a lot of time consulting on various pieces of legislation. I therefore imagine that the consultation department is used to the processes involved and is efficient in collating the resulting responses. On this occasion, to totally ignore and override the submissions received, and stick to the original targets, gives a very strong impression that Defra’s mind was already made up long before the consultation started. Defra was only paying lip service to the process. Meanwhile, those who suffer from asthma, bronchitis and other respiratory tract conditions, long-term and short-term, are left with no hope of improved air quality in the immediate future. That really is unacceptable. Given the level of concern on the total lack of meaningful response to the consultation exercise, if the Minister is not able to answer my questions on costs and staff resources this evening I would be grateful if he could write to me with the necessary information and put a copy of his response in the Library.

Agriculture Bill

Debate between Lord De Mauley and Baroness Bakewell of Hardington Mandeville

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Lord De Mauley (Con) [V]]

My Lords, I reiterate the declaration of my interests as a landowner and land manager.

In the context of my noble friend’s Amendments 58 and 119, I draw the attention of my noble friend the Minister to the agricultural associations and societies, which have been getting a bit of coverage on Radio 4’s excellent “Farming Today” programme this week. There are about 200 agricultural and show societies in the United Kingdom, many with histories stretching back to the agricultural revolution in the 18th century. Much in line with these amendments, they are there to support, represent and indeed connect providers of advice with those who make up the agricultural industry and to provide a showcase for anything that members of the public might want to know about food, farming and rural life.

My noble friend Lord Caithness referred to the county agricultural shows. I know that the Minister and other noble Lords will, like me, have visited many of the annual summer county agricultural shows in recent years—although, sadly, of course not this year.

All the agricultural societies are charities in their own right. Wales, Northern Ireland and Scotland hold their own national shows, as well as many regional and county shows, as does England, which has 15 significant societies, each of whose visitors number more than 60,000 per show in a normal year. What I might call the top 18—the Scottish, Northern Irish and Welsh national societies and England’s top 15—welcome a total of 1.8 million visitors just at their annual shows. The likely combined economic value of these events is in the region of £450 million to £500 million. Taking in other year-round activities, this probably increases to about £800 million. The remaining very large number of agricultural society shows around the country could account for a similar economic impact.

Show grounds, a number of which are permanent, also act as venues for a wide range of year-round events and activities supporting business, leisure and tourism across the nations and regions. Each of the societies offers educational activities throughout the year, as well as providing a forum for conferences and events aligned to and supporting the agricultural sector. Formal links exist with local further and higher education institutions and research centres focused on promoting the skills and careers that the industry needs and offers.

Like many other businesses and organisations, the agricultural associations face uncertainty, especially regarding the next one to two years. Their major events, such as the annual county agricultural shows, take at least nine months to prepare for, and without any support after October, particularly from the current furlough scheme, they could find themselves facing a bleak future. Many of them are already running a slide rule over a “no show in 2021” scenario. As my noble friend Lord Caithness said, the agricultural societies are not asking for special pleading. What would really help them is: first, clearer guidance on mass-gathering indoor and outdoor events by no later than September this year; secondly, recognition of the impact of their unique sector as part of the fabric of agriculture in the UK; and, thirdly, financial assistance, perhaps under the replacement for Pillar 2 if it becomes clear that next year is in jeopardy, particularly, as I said, as the current furlough support will end in October.

Policymakers need to bear in mind that, although heritage and tradition are themselves important, the collective economic and jobs contribution from the agricultural societies is significant. Their collective reach is international and they contribute more broadly to UK plc—for example, through tourism. Therefore, I take this opportunity to ask the Minister to look into the plight of the agricultural societies and to see what he can do to help.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, the provision of advice to farmers at various stages of the Bill is essential. I listened carefully to the noble Lord, Lord Lucas, and the noble Earl, Lord Caithness, talk to Amendments 58 and 119. Agriculture is moving from one system to a completely different method of funding, and farmers will be uncertain about how this will operate and what is expected of them. I therefore completely agree that a system of advice-based support is needed.

The noble Lord, Lord Cameron, and my noble friend Lord Addington spoke in favour of an advice system. There will be a few farmers who are unwilling to make the necessary changes to ensure the protection of the environment and the restoration of land to encourage the return of bird, insect and plant species. For those, it might be necessary for a sanctions-based system to be coupled with advice to encourage them to conform. It will be at best unhelpful if there are one or two renegades who spoil the overall thrust of the Government’s measures.

The noble Lord, Lord Carrington, spoke of the difficulties and the digital divide. Rural areas are very poorly served by wi-fi and broadband, which are essential for farming communities.

I fully support Amendment 122, in the name of the noble Lord, Lord Grantchester. The list of measures to be taken into account in proposed new subsection (2) are essential, especially the impact on the environment, alternative methods of pest control, and food safety. To have this list on the face of the Bill will help farmers to have a much better idea of what is expected as they move towards the new system and, I hope, will remove the need for any sanctions further down the line.

The noble Lord, Lord De Mauley, and the noble Earl, Lord Caithness, have raised the plight of the county shows and all the good work they do. They are an essential part of the farming and rural communities, and I have visited many very many of them over the years. They need certainty for the future and funding.

I trust that we are not too far into the debate for the Minister to have become reluctant to accept the arguments made. Advice is absolutely essential.

Ivory Bill

Debate between Lord De Mauley and Baroness Bakewell of Hardington Mandeville

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018 Lords Chamber

[Lord De Mauley]

My Lords, I am afraid I am going to strike a rather discordant note. I want to focus on Amendments 59 and 60. It is widely accepted that by far the most significant markets for ivory are in the Far East. The Secretary of State acknowledged in his impact assessment that the United Kingdom ivory market has not been linked to the trade in recently poached ivory. There are many other factors at play in the illicit international trade in wildlife that will have a far greater impact on demand for ivory than the trade in antiques here in the United Kingdom.

With respect to the noble Lords who have moved these amendments, I therefore struggle to understand how the requirements proposed in Amendments 59 and 60—to report on the impact of this Bill on the elephant populations in Africa and on the demand for ivory in other countries—would be carried out. How exactly would one attribute to the Bill a change in the demand in Hong Kong for raw ivory, for example?

With respect to the noble Lords who have proposed these reports, there appears to be a premise behind both amendments that the UK’s fairly minimal international trade in objects made from ivory is encouraging the demand for ivory in the countries of the Far East. As I explained on Monday in Committee, if we exclude piano keys, the total number of antiques incorporating ivory exported from the UK to the entire world amounted to 766 items in 2016 and just over 1,000 last year. The exported objects comprise a mixture of both solid ivory carvings and objects that incorporate ivory, such as musical instruments or furniture with inlay. The latter are of no interest to buyers in the Far East. As I have previously said, these numbers are small fry when compared to the volumes of ivory traded in the ivory consumer markets.

I was tempted to support these amendments so that afterwards I could say, “I told you so”, but I do not believe that we should spend taxpayers’ money in that way, especially when I know the answer already. We have to recognise the most significant factor in stopping the trade in poached ivory is not whether the UK is selling antiques or not, but whether the restrictions promised by China and Hong Kong are effectively enforced and whether it is possible to prevent the market from transferring to neighbouring countries in the region.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I support this small group of amendments. As the Minister has said in the past, the Bill has been prepared with great care and knowledge, with one aim and one aim only: to protect the African and Asian elephant. This will be achieved by taking the value out of trading in ivory, prosecuting those who break the law and making the poaching of elephants for their ivory uneconomical. While the fees charged for certification will help to cover some of the costs of setting up the registration and certification process, they will not cover them all at first. It is important that parliamentarians and the public—who, as was clearly demonstrated during Second Reading, care very much about the plight of the elephant—are reassured that sufficient resources have been allocated to enforcement. If the enforcement of the measures set out in the Bill is not properly funded, it is unlikely it will have the desired effect.

We welcome the suggestion of a public awareness campaign to inform potential buyers and sellers of the requirements of the registration system; we recommend that this be done to ensure that robust monitoring and evaluation measures are put in place by the appropriate agencies, and not left to individuals with financial motivations. Guidelines and an honesty-based system will not be enough. Applications will need to be checked.

The annual report to Parliament on the operation of the Act should include information on the number and categories of certified and registered exemptions, civil penalties imposed, criminal prosecutions undertaken and work happening overseas to conserve elephants in which the UK is playing an important role. This amendment could also allow the Government to commission a report from a suitably qualified NGO, utilising official data.

Transparency will be everything in ensuring that the UK becomes a world leader in protecting the elephant. Being able to demonstrate that adequate resources have been allocated to back up our enforcement measures will be key in demonstrating to the rest of the world that we are serious in our efforts. The Government will need to walk the walk and not just talk the talk. As the noble Lord, Lord St John of Bletso, has said, communities which are the subject of poaching will need to be supported to achieve sources of income and to continue economically. I fully support this group of amendments.

Ivory Bill

Debate between Lord De Mauley and Baroness Bakewell of Hardington Mandeville

Monday 10th September 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

My Lords, I shall speak to Amendment 26. Given the information that the noble Baroness, Lady Quin, has provided about the dwindling number of Northumberland pipe makers, it would be a great shame if this delightful pipe were to fall into disuse. I thank my noble friend Lord Beith for his description of the sweet sound that the pipes make and I agree completely with his description, having been dragged along—no, having gone along with my husband—to many concerts where the Northumberland pipes were playing. I urge the Minister to talk to his colleagues to see whether some compromise could be reached to secure the future of the Northumberland pipes.

[Lord De Mauley]

My Lords, noble Lords would expect me to deal with Amendments 25 and 27 in this group. However, they are almost identical to Amendments 21 and 23 respectively, which were in the last group that we debated. Normally in my experience it is Back-Benchers who try to degroup and the Government who try to group up, so this situation must be somewhat unusual. Noble Lords will be pleased that despite the Minister’s response, which did not really address the issues, I do not propose to make the same points again. Instead I will simply say that they apply here as well.

Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Debate between Lord De Mauley and Baroness Bakewell of Hardington Mandeville

Tuesday 27th March 2018 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister and his officials for their time and explanations regarding this SI and for his comprehensive introductory remarks. I declare my interest as a district councillor. It is now two years since Defra’s initial consultation on this important issue and I welcome moving it forward.

This SI covers a number of domestic animal welfare issues that are of great concern to the public, including the breeding and selling of animals, animal boarding establishments and, as the Minister said, the hiring out of horses. While it is essential to ensure that animal welfare is paramount, I welcome the introduction of requiring only one licence instead of the two previously needed. This is a sensible cut in bureaucracy. The Minister has provided assurances that those working in the sector have been consulted in the form of the equine, feline and canine organisations and that the Government have been working closely with them and with vets. A licence lasting up to two years instead of being renewed every year will be welcomed, as will the risk-based approach to the length of the licence and the ability for it to be given at any time during the year, not just at the year end.

My colleague and noble friend Lady Parminter has raised the issue of puppy farming on a number of occasions inside and outside the Chamber, and was extremely concerned that there should be adequate regulation of this often very distressing industry. Defra launched a call for evidence on the third-party sale of puppies and kittens on 8 February. This consultation will close on 2 May and we look forward to its results. We would be grateful if the Minister could give us an indication of when the results might be published.

We welcome the restriction of the number of litters that a bitch may have to one a year as a great step forward. The prohibition of the sale of a puppy—as well as kittens and other animals—below the age of eight weeks, and the need for a puppy to be shown with its mother by breeders prior to sale, will also be welcomed by those legitimate breeders and owners who have the best interests of their animals at heart. Similarly, the detailed restrictions on the size, height and type of boarding kennels and catteries should ensure that domestic animals can be left by their owners, in confidence that their pets will be well looked after during their absence.

As a local councillor, I am aware that local authorities are under tremendous pressure with budget restraints. I fully support the move to allow them to have full-cost recovery for their work in granting licences, as well as being able to raise fees for reasonable enforcement. In the past, it has not always been possible for the cost of extra work passed to local authorities to be recouped in this way. There will, of course, need to be an adequate number of suitably qualified inspectors to ensure that this legislation is properly enforced. I welcome the comments that the Minister made about the new qualification. I understand that it will take three years to meet the necessary standard and that vets on the list of the Royal College of Veterinary Surgeons will carry out some of this work.

While Defra is going to publish guidance, this will not be available until the regulations come into force. Does the Minister believe that this will give enough time to local authorities to be prepared to issue the new licences in an efficient and responsive manner?

I fully support the measures covered by this SI but I have one concern. Part 4 of the schedule, which covers the hiring out of horses, does not appear to cover riding for the disabled. While the regulations cover the welfare of animals in a commercial operation, they do not apply to those which operate on a charitable basis. I would be grateful if the Minister could reassure us that if establishments which offer riding for the disabled are operating not on a charitable basis but as a business, they will be covered by this new legislation. That apart, I believe that this is a great step forward and look forward to its implementation eagerly.

[Lord De Mauley (Con)]

My Lords, I generally welcome these regulations. I declare an interest as an owner of a rescue mutt, which we are told is a cross between a poodle and a Shih Tzu. I would welcome suggestions from noble Lords as to what we should call that breed.

It must be right that puppies are not sold below the age of eight weeks. It is also right to draw the line at three litters a year. I am in favour of a risk-based approach to licensing and inspections by local authorities. In the same vein, it is helpful to avoid a backlog of inspections by operating on a basis of fixed-term licences set at any point in the year. I support the regulation of advertisements, as these regulations do, although I ask my noble friend how this will all be enforced. Are there the funds to allow the necessary inspections and monitoring of advertising? Perhaps PAAG and the excellent dog charities can help with the latter. However, what about enforcement?

I note that these regulations apply in England and I wonder what discussions my noble friend has had with the Welsh Government with a view to ascertaining whether they might do something similar. Not that it is introduced by these regulations, although they refer to it, but I have a concern about the dead hand of bureaucracy, which demands that someone who very occasionally looks after someone else’s dog, and perhaps has done so for years, should be required to obtain a licence if they are to be even modestly recompensed. Having said that, there is no excuse for poor welfare conditions for animals, and, as I have said, I generally support these regulations.

Flooding: Agricultural Areas

Debate between Lord De Mauley and Baroness Bakewell of Hardington Mandeville

Monday 3rd March 2014 Lords Chamber

[Lord De Mauley]

I think that the noble Lord might be referring to the EU solidarity fund, which is designed to support recovery if a country is in an area that has been affected by a major natural disaster. The UK applied to the fund once before in 2007 when flooding affected over 48,000 households and 7,000 businesses. The threshold for a national disaster is still €3 billion, in 2002 prices. Recent events, although locally severe and certainly very traumatic for local residents, cannot be compared in terms of impacts or categorised as a major natural disaster. However, we will keep the matter under review.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, in a Somerset village completely cut off by water, a woman who normally works 45 to 50 hours per week to support her family is having to rely on a boat to get in and out. She is therefore not able to work nights and her working week has been reduced to 20 hours. Her income has dropped dramatically and she is now in rent arrears. Her house, however, is on high ground and well above the flood-water. Can the Minister assure us that this woman and others like her will be able to gain access to the grants announced by the Government?

[Lord De Mauley]

My Lords, as my noble friend knows, we have huge sympathy for those who have been affected and we are doing what we can to help. In my supplementary answer to my noble friend Lord Shrewsbury, I outlined a number of the schemes that are available. I suspect that I am going to need a bit more information about this specific case, and if my noble friend would like to get in touch we will see what we can do to help.

Flooding: Somerset

Debate between Lord De Mauley and Baroness Bakewell of Hardington Mandeville

Thursday 6th February 2014 Lords Chamber

[Lord De Mauley]

I, too, have seen the clips that the noble Countess is referring to. What is really important at this stage is that when people are asked to evacuate by the Environment Agency, the emergency services and the police, they must listen to the advice that is given. We are also facing some potential tragedies with our farms and animals on those farms. The county council and the emergency services are working as best they can but people must come first.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the floodwaters are now beginning to affect people who were previously on the periphery, bringing increased demand on the scarce resources of the fire and rescue and Army services, as we have heard. Where drivers recklessly enter floodwaters by removing “Road Closed” barriers, will the Minister join me, a resident of Somerset, in supporting the emergency services in charging those thoughtless people who have to be rescued, sometimes more than once?

[Lord De Mauley]

What I can do is share with my noble friend her rap on the knuckles for those who do that and do not take the advice of the emergency services.

Winter Floods

Debate between Lord De Mauley and Baroness Bakewell of Hardington Mandeville

Thursday 6th February 2014 Lords Chamber

[Lord De Mauley]

My Lords, I certainly will. It is an interesting and important point.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I welcome this Statement and will try not to repeat what others have said. In particular, I welcome the additional resources for emergency repairs. As the Minister has indicated, the full extent of the damage will not be known until the water subsides. The announcement on the review of the Bellwin scheme is encouraging and I look forward to hearing the detail on this. The Minister has referred to the partnerships working on the ground, and I am proud of the work and intervention in respect of this of South Somerset District Council, of which I am a member. It will take a lot more hard work and co-operation in partnership before we are through this current process. As with previous speakers, I am concerned for the future livelihoods of those living on the Somerset Levels, particularly the farmers. The debate about how to take this forward has to be started soon. Overall, however, I welcome the steps in the right direction made by the Government, but there is still some way to go.

[Lord De Mauley]

I share my noble friend’s concerns absolutely.