Animal Welfare (Livestock Exports) Bill

Lord Douglas-Miller Excerpts

2nd reading
Wednesday 21st February 2024 Lords Chamber

Moved by

[Lord Douglas-Miller]

That the Bill be now read a second time.

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

My Lords, I beg to move that the Bill be now read a second time. I declare my interests as set out in the register, in particular my livestock farming and land management interests.

We are here to consider the Animal Welfare (Livestock Exports) Bill, which will fulfil the Government’s commitment to end excessively long journeys for slaughter. The Bill will ban the export of cattle, sheep, goats, pigs and horses for slaughter and fattening from Great Britain, stopping the unnecessary stress, exhaustion and injury caused by this trade. I think noble Lords will agree that, from a welfare perspective, animals should be transported only when necessary. This Bill will prevent unnecessarily long export journeys by ensuring that livestock are transported on shorter and less stressful journeys for slaughter domestically.

The Government recognise that we are a nation of animal lovers, with some of the highest animal welfare standards in the world. Indeed, we were the first country in the world to pass legislation to protect animals, and we are now building on that tradition by continuing to strengthen our animal welfare standards even further.

On farm animal welfare in particular, the Government have launched the animal health and welfare pathway, providing financial support for farmers to help them improve the health and welfare of their livestock. We have made available £30 million in capital grants to co-fund investment in equipment, technology and infrastructure projects. We have introduced a £4 million smaller abattoir fund, which will improve animal health and welfare and help to sustain our network of smaller abattoirs. This support will help to maintain short journey times for livestock to slaughter.

This brings us to today’s consideration of the Animal Welfare (Livestock Exports) Bill. In the 1990s, a vast number of animals were exported for slaughter each year. This period saw several unsuccessful attempts to ban live animal exports through legal challenges by local and port authorities. At that time, we were bound by EU free trade rules that prevented any such prohibition on live exports.

The RSPCA and Compassion in World Farming have taken up the cause of live animal exports and have campaigned for a ban on exports for slaughter for over 50 years. World Horse Welfare was founded in 1927 with the aim of stopping the export of horses for slaughter. I am grateful to these, and many other animal welfare organisations, for their support of the Bill.

I also recognise the long-standing interest of many noble Lords in banning live exports. I particularly acknowledge the work of the noble Baroness, Lady Fookes —who I believe is 21 again today—the noble Baronesses, Lady Hodgson of Abinger and Lady Jones of Moulsecoomb, and the noble Lord, Lord Randall of Uxbridge. I am grateful for their efforts in championing these causes.

We have seen the number of live animal exports decrease significantly over recent decades. Since 2020, there have been no recorded exports for slaughter or fattening from Great Britain to the EU. However, the demand from Europe’s slaughterhouses for British livestock, especially sheep, remains. The Bill will ensure that this trade cannot resume.

There is a clear rationale for the Bill. The shortest direct-to-slaughter export journey from Great Britain to continental Europe in 2018 took 18 hours. Most domestic journeys to slaughter in the UK are significantly shorter. Journeys of unweaned calves from Great Britain for fattening in Spain were found to last on average 60 hours.

The UK Government and the Scottish and Welsh Governments commissioned the Farm Animal Welfare Committee to examine animal welfare during the transport of livestock. Its 2018 report identified several aspects of transport that have a detrimental effect on animal welfare and recommended that animals should be transported only when necessary. Following the committee’s report, we undertook a public consultation with the Welsh Government in 2020 on banning live exports. We received over 11,000 responses, and 87% of respondents agreed that livestock and horses should not be exported for slaughter or fattening.

The ban on live exports must be GB-wide to be effective, and I am grateful to colleagues in Scotland and Wales for their valuable contributions to the Bill. While the Bill does not extend to Northern Ireland— I will come on to why shortly—I also thank the Department of Agriculture, Environment and Rural Affairs for its work alongside my officials in the development of our policies.

I now turn to the detail of the Bill’s provisions. The core provision prohibits the export of relevant livestock from Great Britain for slaughter and makes it an offence to do so. The Bill is focused on banning live exports where major animal welfare concerns have been identified. Accordingly, it legislates to end all exports from, and transit journeys through, Great Britain of cattle, sheep, pigs, goats and horses for fattening and slaughter.

Prior discussions in the other place explored whether the scope of the ban should be extended to cover a wider list of species. When we carried out our consultation in 2020, we were clear about the species we were seeking to apply the ban to. We received no evidence then—and have received none since—that a ban on any other species was necessary.

It is also important to be clear about what is not prohibited. The Bill still allows for exports of livestock and horses for other purposes, such as breeding, shows and competitions. Animals exported for breeding are transported in very good conditions, so that they can live a full and healthy life once they arrive at their destination. The Bill does not apply to journeys within the United Kingdom, the Channel Islands and the Isle of Man.

I return to the reason the Bill does not extend to Northern Ireland. To ensure that farmers in Northern Ireland have unfettered access to both the UK and Republic of Ireland markets, the Bill will not apply to Northern Ireland. As part of the new Windsor Framework constitutional arrangements, a Minister in charge of a Bill must make certain written statements if the Bill contains provisions that would affect trade between Northern Ireland and other parts of the United Kingdom. Since this Bill does not apply to livestock and horse movements within the UK, it is my view that there will be no such impact and that no such statement is therefore required.

Recent discussions in the other place highlighted the importance of protecting the access that Northern Irish farmers have to the Republic of Ireland. Farmers in Northern Ireland routinely move animals to the Republic of Ireland for slaughter and fattening. It is critical that we protect the Northern Irish agricultural sector and wider economy, and that is why the Bill’s territorial extent is drafted as it is.

The Bill contains a delegated power to provide for regulations about the enforcement of the ban. It empowers the appropriate national authorities to make enforcement regulations and sets out their possible scope. That power will enable the department to work closely with the Scottish and Welsh Governments to provide an effective and proportionate suite of measures to enforce the ban. We intend to bring the ban and its associated enforcement regulations into force as soon as possible. The Bill also repeals Sections 40 to 49 of the Animal Health Act 1981. Those provisions were intended to prevent the export of horses and ponies for slaughter, particularly by setting minimum value standards. Now that we are banning all live exports of horses and ponies for slaughter, those provisions are unnecessary.

I know that there is considerable support for this ban both in Parliament and among the public. I hope that Members of your Lordships’ House will agree on the importance of working to enhance this country’s proud record on animal welfare. The Bill marks another significant milestone in our progress towards delivering better animal welfare across the nation. In 2016, the EU referendum brought renewed public interest in finally ending live exports for slaughter. Now that we have that long-awaited opportunity, I hope that your Lordships will support the Bill and ensure that our exports take place on the hook, rather than on the hoof.

--- Later in debate ---

[Lord Douglas-Miller (Con)]

My Lords, I thank all 14 noble Lords and noble Baronesses who have spoken for their thoughtful and constructive comments, and in particular those, beginning with the noble Baroness, Lady Young, who congratulated me on my appointment and my first Bill. It is a pleasure to have delivered such a happy birthday present to my noble friend Lady Fookes.

As we have heard, the Bill will end the unnecessary export of livestock and horses for slaughter and fattening, and prevent the associated stress, exhaustion and injury caused by these journeys. It signals to our international partners our firm commitment to improving welfare standards for all kept animals, reinforcing our position as global leaders on this important issue. Many animal welfare groups, as well as a number of parliamentarians, have called for this ban on live exports. We know that there is also huge public support for this measure. There is clear and broad recognition that we must end these unnecessary journeys.

Before I address a number of the specific questions, I will briefly touch on two things. The first, from the noble Baroness, Lady Bakewell, is the bluetongue virus, which is very current. I do not have a timeframe for when this restriction will be lifted, but I will get back to her as soon as I do. The second, from the noble Baroness, Lady Hayman, is the welfare of animals during a transport delay. I will write and confirm the exact details of how they are looked after and how we address this issue.

I turn now to the questions asked by noble Lords. The noble Baronesses, Lady Young and Lady Jones, my noble friend Lady Fookes and many others queried why other species were not within the scope of the ban. I assure them that the Bill’s definition of “relevant livestock” covers all species for which there has been a significant slaughter export trade, which the Government consulted on in 2020. In the 10 years prior to EU exit, the live export trade for slaughter and fattening mainly involved sheep and unweaned calves.

Compassion in World Farming and the RSPCA, both leading campaigners on banning live exports for the past 50 years, agree that the Bill covers the relevant species to end this unnecessary trade. Responding to proposed amendments in the other place, Compassion in World Farming said that it is not aware of any alpacas, llamas or deer being exported for slaughter, and the RSPCA said that only sheep, calves and horses have been exported from Britain for slaughter over the last 10 years.

The issue of small abattoirs was raised by the right reverend Prelate the Bishop of St Edmundsbury and Ipswich, the noble Lords, Lord Carrington, Lord Trees and Lord de Clifford, the noble Baronesses, Lady Hoey, Lady Bakewell and Lady Hayman, and my noble friend Lady Hodgson, so it was a popular subject today. Many asked what further financial assistance there is for small abattoirs and what work we are doing to promote and market sheep products, particularly in order to develop our meat export trade. The farming investment fund has offered access to financial support to establish new producer-led abattoirs. Now that the first round is closed, we will assess how the scheme has performed and will investigate the potential launching of a second round later this year. The Government are working with the Agriculture and Horticulture Development Board and industry to help secure market access for world-class British red meat and dairy, empowering our exporters to maximise opportunities on the global stage.

The noble Lord, Lord Trees, queried whether Northern Ireland could be used as a loophole for transporters wanting to export livestock for slaughter and fattening. I assure him that the requirements when moving animals to Northern Ireland would make such a slaughter trade uneconomic. Livestock transported for slaughter from Great Britain to Northern Ireland must go directly to the slaughterhouse. It would be an offence to take them anywhere else. When livestock are moved for other purposes, they must be moved directly to the holding destination and remain there for at least 30 days. Failure to do so is an offence and may result in prosecution. We will also continue to monitor volumes over the next few years as this policy takes effect.

[Baroness Hoey (Non-Afl)]

The Minister rightly said that, in theory, anyway, the 30-day period stops in respect of transportation from Great Britain to Northern Ireland. But what about all the animals in Northern Ireland that will not be affected by that limit, and that will go to the Republic and down to Rosslare, and on a long journey to France and then Morocco?

[Lord Douglas-Miller (Con)]

The noble Baroness makes a very good point. Once animals have passed into the Republic of Ireland, that is outwith the jurisdiction of the Bill. That is the current position.

I would like to address the issues eloquently described by the noble Lord, Lord Dodds, and the noble Baroness, Lady Hoey, concerning Northern Ireland and the Bill. I hope they will appreciate that I am somewhat constrained in this respect. Perhaps I might write to them separately on the issues they have raised.

The noble Lord, Lord Dodds, raised the question of negotiations with the EU on veterinary medicines going into Northern Ireland. The Government are committed to seeing a long-term, sustainable solution ahead of December 2025 that will properly support the flow of veterinary medicines into Northern Ireland from Great Britain on an enduring basis. It remains our priority to find a solution, through technical talks with the EU, that removes the barriers to supply of veterinary medicines into Northern Ireland. The Government are very clear that, in all scenarios, it is imperative to safeguard the supply of veterinary medicines into Northern Ireland. If necessary, we will deploy all available flexibilities in line with our legal obligations.

The noble Lord, Lord Carrington, and the noble Baroness, Lady Hayman, asked about the impact of this legislation on farmers and businesses. The current position is that we expect the ban to have minimal impact. We published an impact assessment in 2021, which can be accessed via the Bill’s Explanatory Notes. We estimated the direct cost to businesses of ending live exports to be around £5.2 million across the 10-year appraisal period, or around £500,000 per year. As there have been no exports for this purpose since 2020, the impact will have further decreased.

My noble friend Lady McIntosh, the noble Baroness, Lady Young, and the noble Lord, Lord Carrington, also asked about border control posts on the northern coast of France. EU border control posts can be operated only with the approval of the competent authority in the relevant EU member state. The majority of BCPs are privately operated, and the main barrier to date for the establishment of a BCP for livestock is the commercial viability of such a site. We have encouraged our counterparts in France to do more to support commercial efforts to construct and operate a BCP for livestock, and we continue to engage with them to try to resolve this issue.

[Baroness McIntosh of Pickering (Con)]

My Lords, may I press my noble friend on that point? Across the European Union, most ports are owned by the state. Is there any wriggle room whereby my noble friend and the Government could ask the Government of France to look into providing some sort of help? It looks like a rather protectionist measure as it stands.

[Lord Douglas-Miller (Con)]

I understand my noble friend’s point. I assure her that our officials are working very hard on this issue, but it is not going at pace at the moment.

My noble friend Lady McIntosh also asked why the Bill had been brought forward, given that there are other issues facing our farming sector. It is important that we put a permanent end to this unnecessary trade. Although there have been no exports of livestock for slaughter recently, given that there is demand from the EU for sheep from Great Britain, we would expect that trade to restart in the future if we did not legislate to ban live exports now. She also asked whether there were any plans to introduce a corresponding ban on animals imported for slaughter and fattening. There has never been a particularly significant import trade for either: for example, in 2019, only 91 cattle and 178 sheep were imported for slaughter or fattening from mainland Europe.

The noble Baronesses, Lady Bakewell and Lady Hayman, reflected on the Government’s broader animal welfare commitments. I take this opportunity to reassure them that we remain committed to our other animal welfare manifesto commitments, which are to crack down on illegal puppy smuggling, ban the keeping of primates as pets, and prevent livestock worrying.

On the question that the noble Baroness, Lady Hayman, raised on poultry, when we consulted on banning live exports for slaughter or fattening, we were clear that we were not proposing to extend the ban to poultry. There have been no exports of adult poultry for slaughter in recent years. I appreciate that the poultry industry and breeding companies export around 25 million day-old chicks every year, but no welfare concerns have been identified with this practice.

I once again thank all those who have spoken for their thoughtful and valuable comments. It has been hugely encouraging to hear the broad consensus throughout the debate on the importance of protecting and enhancing the welfare of the animals in our care. It is also clear that we can agree on the core aims of the Bill.

Bill read a second time and committed to a Grand Committee.

Water Industry Act 1991 (Amendment) Order 2024

Lord Douglas-Miller Excerpts

Wednesday 21st February 2024 Lords Chamber

Moved by

[Lord Douglas-Miller]

That the draft Order and the draft Regulations laid before the House on 15 January be approved. Considered in Grand Committee on 19 February.

Motions agreed.

Right to Roam

Lord Douglas-Miller Excerpts

Wednesday 21st February 2024 Lords Chamber

[Baroness Jones of Moulsecoomb]

To ask His Majesty’s Government, in the light of reported plans for mass trespass on Dartmoor on 24 February, what assessment they have made of the case for the right to roam.

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

My Lords, I declare my farming interests, as set out in the register. The Government have not undertaken any assessment of the case for the right to roam. The Countryside and Rights of Way Act 2000 already provides a right of access to large areas of mountain, moor, heath, down, registered common land and coastal margin in England. In our environmental improvement plan, we committed that everyone should live within a 15-minute walk of a green or blue space and to work to reduce barriers that prevent people accessing such spaces.

[Baroness Jones of Moulsecoomb (GP)]

I tabled this Question because there will be a mass trespass, and the reason for it is that there are places that people are allowed to access but cannot get to because they have to trespass to access them. I understand that it is a difficult problem when half the country is owned by less than 1% of the population, but, quite honestly, the first duty of this Government—of any Government—is the health of the people, and being able to get out into nature is part of that. Will the Minister look at updating this and at having a logical right to roam Act?

[Lord Douglas-Miller (Con)]

The noble Baroness raises a good point regarding connecting to lost land and open spaces. The Government are aware that in the original mapping of open access land, some areas were identified to which there is no legal route. We are committed to undertaking a review of this position, and legislation to facilitate this review was recently passed into law in the Levelling-up and Regeneration Act.

[Lord Clark of Windermere (Lab)]

My Lords, we all welcome the Minister’s answer about open access land, and I am encouraged by it. The previous Government proposed that it be mountains, moorland, heath, et cetera. In addition to that, the Forestry Commission decided it would open up its forests wherever possible. Can the Minister give me an assurance that there will be no pressure at all on the Forestry Commission to weaken its provision of access for the people?

[Lord Douglas-Miller (Con)]

My Lords, public access is already available to over 1 million hectares of England’s open access land, including areas of coast, heath, moor and mountains, as I said, as well as 258,000 hectares of public forest estate. That commitment remains.

[Baroness Fraser of Craigmaddie (Con)]

My Lords, like me, my noble friend will know that there is a right to roam in Scotland, so he will also be aware that, with the right to roam, comes responsibilities. Can he give the House an assurance that, if the Government are minded to look at any right to roam, the aspect of responsibilities—such as keeping dogs on leads, particularly in farming areas, and the setting of fires—will be given due consideration?

[Lord Douglas-Miller (Con)]

My noble friend raises a good point. There are issues around responsible access, such as illegal parking, livestock worrying, disrupting wildlife, damage and littering—a favourite topic of mine. The issues in Scotland are obviously devolved to the Scottish Government, but, if the Westminster Government were ever minded to look at this again, establishing a proper code of conduct for accessing the outdoors, and linking that to a proper consultation and a proper plan for education on this issue, would be absolutely critical.

[Baroness Hayman of Ullock (Lab)]

My Lords, it was over 20 years ago that we last had this reviewed, under the Countryside and Rights of Way Act, so I am pleased that that will happen. We have to end this piecemeal approach, which causes completely unnecessary divisions between landowners and people who want to walk. Will the review look at existing footpaths? I can think of a number of footpaths in Cumbria that are completely impassable now. It is really important that we keep existing routes clear and open for people to use.

[Lord Douglas-Miller (Con)]

The noble Baroness makes a good point. Maintaining access to all these routes is at the forefront of the Government’s agenda at the moment. I will certainly take away her specific point regarding Cumbria and see whether we can do something about that.

[Lord Deben (Con)]

My Lords, I am a small farmer, and just as the last ministerial Answer said that it was very difficult to make decisions about parking on pavements, this is also a very difficult area, and it is not helped by slogans. There is a difficult issue around balancing the demands in the countryside, and many of us have noticed that, particularly during the flooded periods when the land is extremely vulnerable. Will the Minister make sure that he gets the balance right between those of us who produce the food and those who want to use the land for roaming?

[Lord Douglas-Miller (Con)]

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

[Earl Russell (LD)]

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

--- Later in debate ---

[Lord Douglas-Miller (Con)]

The noble Lord is quite right that local authorities have that responsibility. I can certainly take away his suggestion that we provide additional funding for that, but it is not part of the programme at the moment.

[Baroness Blower (Lab)]

My Lords, given what we know about the parlous state of the mental health of children and young people, and what we know about the restorative properties of spending time in green space and open countryside, does the Minister agree that getting on with this should be done expeditiously and urgently?

[Lord Douglas-Miller (Con)]

I completely agree with the noble Baroness on the restorative qualities of access to nature, for not just young people but people of any age. The Government have spent considerable amounts of money on improving access for the public to not just our urban spaces but wider spaces, with the creation of new national parks and other areas. I completely agree with the noble Baroness on her point.

[Lord Bellingham (Con)]

My Lords, will the Minister find time today to look at the damage being done to various tracks and byways open to all traffic—so-called BOATs—where, quite often, off-roaders are not just causing damage to the local environment but disturbing walkers, riders and other people who want to enjoy the countryside?

[Lord Douglas-Miller (Con)]

It seems like a similar issue to bikes on pavements—bikes on paths in the countryside. This is a really difficult area, and one I come across a lot in my private life, with people accessing the countryside in inappropriate ways. Paths are narrow, and it is often quite dangerous when someone on a mountain bike, or a group of people on mountain bikes, is coming down that path. It is intimidating, and it is very challenging to find a safe place and a safe way to make those two meet. I sympathise with my noble friend.

[Lord Browne of Ladyton (Lab)]

My Lords, traditionally, people in Scotland have been allowed freely to access the outdoors. I am 71 years of age, and all my life I have known that I was free to walk anywhere, as long as I did not do any damage. This was codified in the Land Reform (Scotland) Act 2003, which set out the conditions that you must observe if you do so. Can we not just adopt the same here and let people enjoy this? it does not cause any problems.

[Lord Douglas-Miller (Con)]

As a resident in Scotland, I would not necessarily agree with everything that the noble Lord has said. It is a devolved issue, and Scotland is entitled to make its own decisions on this.

[Lord Lilley (Con)]

My Lords, as a young boy, walking in the countryside and coming across a sign saying, “Trespassers Will Be Prosecuted”, my father assured me that it was a bluff. There is no law against trespass in this country, as long as you do not do damage to crops, livestock or property. That was why Mr Fagan, when he climbed over the wall into Buckingham Palace and got into the Queen’s bedroom, could not be sued for trespass but had to be convicted of stealing half a bottle of wine.

[Lord Douglas-Miller (Con)]

I am not entirely sure what the question was, but if my noble friend wants me to agree with him about Mr Fagan, I am very happy to do that.

Environment Agency: Flood Defence Expenditure

Lord Douglas-Miller Excerpts

Tuesday 20th February 2024 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I beg leave to ask the Question standing in my name on the Order Paper and declare my interest as co-chairman of the All-Party Parliamentary Group on Water.

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

My Lords, I declare my interests as set out in the register. In the 2021 spending review, the Government increased funding for flood defence maintenance by £22 million annually, bringing the total investment to more than £200 million a year. Additionally, the Government switched £25 million from the capital programme to use on maintenance this financial year. As a result, 93.3% of flood defences are at the required condition, protecting over 240,000 properties in recent storms.

[Baroness McIntosh of Pickering (Con)]

My Lords, given the constraints on flood spending, does my noble friend agree that resources could be spent differently, possibly better? Does he recognise the importance of regular maintenance and dredging of watercourses and the role of farmers and drainage boards in performing them? Will he agree to look at the possibility of merging the flood spending budget into one total budget, instead of artificially dividing capital and operational expenditure? That one measure alone would prevent arguments taking place during a flood about what constitutes capital or operational expenditure, meaning that the funding could be achieved quicker.

[Lord Douglas-Miller (Con)]

My noble friend raises a good point. With over £200 million per year spent on maintenance, and a £5.2 billion capital investment for the 2021-27 years, flood defences are well resourced. There is a degree of flexibility between the two pots. By way of an example, last autumn the Government switched, as I said, £25 million from the capital programme to use on maintenance, given the severity of the storms. Resource funding to maintain existing flood defences is prioritised and allocated on a risk basis, focusing on assets protecting the greatest number of people and property. My noble friend also asked why we have a maintenance and a capital budget allocation. There are two separate budgets here: one for annual maintenance and one for flood defences. This approach is not specific to flood expenditure, but relates to how the Government account for public expenditure based on the Treasury guidelines.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the noble Lord, Lord Campbell-Savours, is participating remotely.

[Lord Campbell-Savours (Lab) [V]]

My Lords, why do we not just stop housebuilding on the flood plain, when it is quite clear that we have increased flooding due to climate change? The expense of Flood Re settlements can only rise, with the already battered wider insurance market paying higher and higher premiums. Surely the answer is to ignore the pressure from developers for planning permission on flood plains, and sensitively to take more green-belt land—or is it that the developers have some undue influence on government?

[Lord Douglas-Miller (Con)]

The issue relating to flooding is not so much where we build our houses but how we build them. Historically, there have been some real challenges putting the right defences in place when houses have been built on flood plains. The reality is that if we banned any housebuilding on any flood plains, we would build very few houses going forward.

[The Earl of Devon (CB)]

My Lords, I live and farm in a community that was inundated by inches of rain in a couple of hours last September. The 400 year-old school is no longer usable and ancient houses are uninhabitable. The cause of this was a simple lack of maintenance of culverts, ditches and drains by National Highways and local government. They simply do not have the budget to do that. What are the Government going to do to address this and ensure that local government has the money it needs to do the jobs we need?

--- Later in debate ---

[Lord Douglas-Miller (Con)]

The Government continue to invest in flood and coastal defence maintenance, with an extra £22 million per year for the current spending review period. Furthermore, £25 million from the capital programme has been reallocated to maintenance this year. In 2022-23, the Environment Agency spent more than £200 million maintaining flood risk assets across the country. Across the country we have about 90,000 flood risk assets which are checked annually by the Environment Agency.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, internal drainage boards provide essential services to areas that are habitually flooded. Currently, they are funded through district council tax. This is already stretching budgets, as IDB levies were increased by 18% last year. The Government have provided £3 million on a short-term basis. A more secure long-term solution is needed. Can the Minister say when this will be forthcoming?

[Lord Douglas-Miller (Con)]

Just today at the NFU conference, the Prime Minister announced new funding packages available to drainage boards across the country.

[Baroness Eaton (Con)]

My Lords, many councils report that the formula used to determine the Environment Agency flood defence grant favours urban areas over rural communities. Will my noble friend the Minister consider exploring a new funding model for flood defences that combines capital and revenue funding into a single place-based pot?

[Lord Douglas-Miller (Con)]

My noble friend raises a good point. The allocation of resources is pretty much exactly as she expressed. It is done on the basis that areas most at risk will receive most of the funding. The Government will keep this under review, and I will take that point back to the department.

[Baroness Hayman of Ullock (Lab)]

My Lords, I want to come back on the internal drainage boards answer. The councils affected are significantly financially impacted. We had a question yesterday on the impact on council finances. It is all very well that the Prime Minister has announced extra funding—that is excellent—but this is an urgent issue. How much money has been pledged, and when will councils see it?

[Lord Douglas-Miller (Con)]

I do not have the details to hand at the moment, but I will write to the noble Baroness in due course.

[The Earl of Clancarty (CB)]

My Lords, I will follow on from the question asked by the noble Lord, Lord Campbell-Savours. In answer to a Written Question that I asked last month, I had the most extraordinary reply: that neither Defra nor the Environment Agency holds data on the amount of new build that has been flooded. This is clearly important in thinking about both flood defences and building new homes. Do the Government intend to make good this gap in knowledge?

--- Later in debate ---

[Lord Douglas-Miller (Con)]

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

[Earl Russell (LD)]

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

[Lord Douglas-Miller (Con)]

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

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

My Lords, can the Minister tell the House what can be done to stem the flood of Tory donors to the House of Lords?

[Lord Douglas-Miller (Con)]

I am not sure why we would want to do that.

[The Lord Bishop of Edmundsbury and Ipswich]

My Lords, I thought my question was going to be off the point. One of the issues raised frequently with me by those managing the coastline in Suffolk is the disparity between flooding risks, for which the Environment Agency takes responsibility, and coastal erosion, which is managed by local authorities. What assessment have the Government made of the disparity of funding for these two vital activities?

[Lord Douglas-Miller (Con)]

There is a difficult balance to strike here in how you allocate the amount of money that we have to protect flooding defences right across the country, between the allocation made on the basis of risk and the amount of money located to areas where we can make the most difference in the shortest time.

Water Industry Act 1991 (Amendment) Order 2024

Lord Douglas-Miller Excerpts

Monday 19th February 2024 Grand Committee

Moved by

[Lord Douglas-Miller]

That the Grand Committee do consider the Water Industry Act 1991 (Amendment) Order 2024.

Motion agreed.

Water Industry (Special Administration) Regulations 2024

Lord Douglas-Miller Excerpts

Monday 19th February 2024 Grand Committee

Moved by

[Lord Douglas-Miller]

That the Grand Committee do consider the Water Industry (Special Administration) Regulations 2024.

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

My Lords, these regulations and the Water Industry Act 1991 (Amendment) Order are part of a package that updates the water industry special administration regime legislation. The package is made up of two commencement orders and three statutory instruments. The first commencement order was made on 11 January and the two affirmative statutory instruments being debated today were laid in draft on 15 January. The second commencement order and the negative resolution statutory instrument will follow shortly after the affirmatives are debated.

The purpose of these statutory instruments is to enable the Government to facilitate a more effective water industry special administration regime. They apply to England and Wales, and ministerial consent has been secured where necessary. The Government already have powers in the Water Industry Act 1991 to apply to the High Court for a special administration order. However, updates are required as the current legislative regime is outdated and modelled largely on the Insolvency Act 1986, which has since been modernised. The most notable legislative updates were the Enterprise Act 2002; the Small Business, Enterprise and Employment Act 2015; and the Insolvency (England and Wales) Rules 2016. These updates to insolvency legislation are not automatically applied to the legislative framework of the water industry special administration regime. Instead, the Government must assess how to adapt these insolvency law changes to each industry’s specific special administration regime. Legislation relating to special administration regimes is laid periodically; recent examples of this are the Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 and the Energy Act 2023.

It is vital that the Government are prepared for a range of scenarios, particularly regarding the continued provision of public services. This is why an updated water industry special administration regime is so important. I want to make it clear that the two main grounds on which a water company can enter special administration are unchanged by this legislation. They are insolvency, where a company may be unable to pay its debts or its liabilities are greater than its assets; and performance, where the company has failed to carry out its statutory functions or licensed activities to such an extent that it is inappropriate for the company to continue to hold its appointment or licence. During a special administration regime, customers’ water and wastewater services will continue to be provided.

The first statutory instrument for noble Lords’ consideration is the draft Water Industry Act 1991 (Amendment) Order 2024. This order implements hive down provisions through amending Schedule 2 to the Water Industry Act, which makes provision about transfer schemes upon the termination of an appointment or the transfer of a licence for a water industry company and is amended by this order to include provisions about transfer schemes in cases where there is a transfer by hive down. This amendment is necessary to ensure that the hive down provisions commenced last month by the Flood and Water Industry Act 2010 (Commencement Order 10) Order 2024 are fully operable. Hive down is a common commercial restructuring practice to ring-fence value and attract potential buyers. This amendment allows the administrator to hive down the regulated business to a subsidiary in order to protect its business and facilitate a sale process that may be more attractive to a potential buyer.

The second statutory instrument that I ask the Committee to consider today is the Water Industry (Special Administration) Regulations 2024. This instrument will apply, disapply and modify general insolvency provisions as they apply in relation to water companies, including licensed infrastructure providers, and special administration orders made in respect of those water companies under the Water Industry Act 1991.

These regulations make general modifications to the Insolvency Act 1986 and other enactments about insolvency provisions, alongside specific modifications to Schedule B1 to that Act. The amendments adapt Parts 26 and 26A of the Companies Act 2006 via specific modifications for the purpose of the water industry special administration regime and amend Section 26 of the Water Industry Act, and Schedule 1 to the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013. In addition, this set of regulations will give government the power to lay a negative statutory instrument in the coming weeks, which will revoke the Water Industry (Special Administration) Rules 2009, replacing them with updated special administration rules for water companies, based on the 2016 general insolvency rules.

These statutory instruments update the water industry special administration regime legislation to ensure that, should a water company ever be required to go into special administration, a modern, efficient water industry special administration can be implemented. I am grateful for the support of the Committee and am happy to take questions, which I will endeavour to answer in my closing speech.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to my noble friend Lord Douglas-Miller for setting out the content of the SIs before us. I am in great support of them and have just a couple of questions to press my noble friend on.

When my noble friend set out the circumstances behind these instruments, he seemed to indicate that we are just putting into effect existing legislation here and updating it. I would just query the timing of this, which was also queried in the House of Commons when these measures were debated there. At the moment, there are additional investments that we are, rightly, asking water companies to make and which are of a very high order: £60 billion of capital investment over 25 years for storm overflows and other investments such as the self-monitoring programme, which was embarked on under the Labour Government and which we vigorously and enthusiastically pursued. Might these additional responsibilities on water companies be causing the Government some concern, or is it literally about putting in and updating the background, as my noble friend set out? Obviously, we all want to ensure that the water companies are fulfilling the legitimate investment that we have asked them to make.

I have a rather cheeky question. My noble friend knows of my interest in Schedule 3 to the 2010 water Act. Why has Schedule 5 been preferred to be implemented before us in these instruments, and when might we get the orders implementing Schedule 3 to the same 2010 Act? That would put into place the sustainable drainage systems and end the automatic right to connect, which has been called for since the Pitt review and surface water flooding of 2007. That is my rather cheeky interjection, which my noble friend might either want to respond to today or write to me on.

Parallels have been drawn in the report before us with energy companies. When energy companies have failed over the last two or three years, the existing customers of a company which was asked to take on the customers of a failed energy company have found, regrettably, that their tariffs and charges have gone up. This is obviously a matter for Ofwat, but can the Government give any undertaking to customers in the event of a water company failing—which, heaven forfend, we would not wish to see—so that, essentially, what happens in the water sector will not be what we saw happen in the energy sector?

--- Later in debate ---

Having said all that, as I mentioned earlier, we support these SIs. We think they are important, but we need to ensure that there is proper consideration of how water companies manage their environmental responsibilities.

[Lord Douglas-Miller (Con)]

I thank noble Lords for all their questions, which I will now endeavour to have a go at, and for their very welcome support for these instruments. As I mentioned in my opening speech, these statutory instruments will enable the Government to facilitate a more effective, efficient water industry special administration regime, ensuring that we are prepared for all eventualities to ensure the uninterrupted provision of vital services. A number of noble Baronesses touched on that today.

I will start with the several questions asked by the noble Baroness, Lady McIntosh of Pickering. I might have three out of four answers for her; the second one probably eluded us all.

Everyone will be aware that there has been some recent instability and speculation around the financial resilience of some of our companies in the water sector. This has led Defra to carry out due diligence work on our water industry special administration regime legislation. This exercise identified unmodernised provisions in the current legislative framework. These statutory instruments update water industry special administration regime legislation to ensure that it reflects modern insolvency practices, as is the case for special administration regime legislation for other public services. Ensuring that legislation on special administration takes account of modern insolvency and business practices is important, regardless of the financial resilience of the sector, to ensure proper preparedness.

The noble Baroness, Lady McIntosh, also asked whether customers will be paying for water companies’ failures. I think that was the gist of her question, which cropped up in a number of noble Lords’ concerns. I want to make it clear that we will always act to protect consumers as a priority. Any intervention that puts pressure on the public purse will be considered very seriously and only as a last resort. The purpose of being able to utilise a more efficient insolvency practice is to protect consumers and ensure not only that they do not pay for those mistakes but, more importantly in the short term—a point raised by the noble Baroness, Lady Hayman—that we can provide that service. We can have an argument later about who paid for what and whether somebody needs some money back, but it is crucial that that service—water and wastewater—is delivered for everybody. That would be critical if we had to go through an insolvency, so I reassure the Committee on that front.

The final question that I can answer from the noble Baroness, Lady McIntosh, is whether the public would end up paying to bail out a company in special administration. I again make it clear that we will always act to protect consumers as a priority and that, as I have said, any intervention that puts pressure on the public purse would be considered very seriously and as a last resort.

The noble Baroness, Lady Bakewell, asked a lot of questions. I am not sure that I will get to all of them but I will reflect on the ones I have missed and make sure that she gets a written response. The first question was about the Government’s position on Thames Water. As the noble Baroness is probably aware, water companies are commercial entities; it is not appropriate for me or any member of the Government to comment on the position of a specific company. It is for the company and its investors to manage the company’s financial resilience in the context of its licence and broader statutory obligations.

The second question was about why no companies are listed in Ofwat’s leading category, or how many are failing—I think that was the gist of the noble Baroness’s question. It is clear from Ofwat’s performance report that there has been a marked decline in the performance of a number of water companies over the past year or so. This has been driven by company-specific factors but also by the effects of extreme weather, including an unusually hot, dry summer and a winter that brought multiple freeze-thaw events in 2022 and 2023. There are also live enforcement cases against six companies, which precludes a leading rating where an enforcement case is under way. Specifically, there was a question on how many companies we think are going to fail; I am not aware of any companies that are about to fail. I do not have any information on that at all.

The third question was about why the hive down provisions have been introduced. Without them, only a direct sale of assets would be possible. This is likely to be much more expensive and complex to implement from a tax perspective as you would not benefit from the no-gain, no-loss treatment on transfer. It is probably also important to recognise that, if you get to the point of insolvency, the quickest route to providing the services that are absolutely critical is to package up what the company has to deliver in that hive down and get it back into the hands of somebody who can operate the business in the most effective way. Tying it up, with all the debt and the other complications that go with an insolvency, will just complicate and delay the issue.

I turn to the question from the noble Baroness, Lady Bakewell, about breaching environmental standards. As I stated in my opening speech, a water company can be placed into special administration on performance grounds where there is either a serious breach of their principles or statutory duties or an enforcement order that it is no longer appropriate for it to continue to hold its licence. One of the principal statutory duties held by a water company is under Section 94 of the Water Industry Act 1991, which says that a water company has a duty to deal with the contents of sewers effectually and provide the necessary infrastructure for that purpose, including meeting the requirements of the Urban Waste Water Treatment (England and Wales) Regulations 1994. This is key as, without treatment, urban wastewater has significant adverse impacts on our water environment.

Finally, the noble Baroness, Lady Hayman, asked a number of questions. I think I have touched on a few of them as I have gone through here. One of the issues that she focused on specifically was how Ofwat will regulate underperformance. Following the publication of its performance report in November 2023, Ofwat published the financial penalties and payments for all water companies. Ofwat required 13 companies to return £193 million to customers for underperformance in 2022-23. This money will be returned to customers through bills over the 2024-25 year. On the action that the Government are taking on underperformance, industry performance is below the level that the Government and regulators expect and the Government are taking action, alongside Ofwat, as we progress.

[Baroness McIntosh of Pickering (Con)]

Both the noble Baroness, Lady Bakewell, and I asked about the unusual position in which we will find ourselves, where a subsidiary company can be set up, meaning that the company is not competitive or living up to its responsibilities financially. I drew the parallel with chapter 11. Is this the first time that we have done this in the UK or is there another parallel? My noble friend could write to me on this.

[Lord Douglas-Miller (Con)]

It might be easier if I wrote specifically on that. Is my noble friend referring to the special administrator’s duties?

[Baroness McIntosh of Pickering (Con)]

If I have understood correctly, if a subsidiary company is set up for the purposes of the company continuing to act, does that mean, as with chapter 11, that it does not need to pay off its creditors or debtors? Is this the first time that it has happened in this country?

[Lord Douglas-Miller (Con)]

I am a little unsure on that, so perhaps the best thing for me to do is write.

I think we have covered the questions for which I have answers, and I will write to the noble Baronesses on a number of other questions. With that, I commend these instruments to the Committee.

Motion agreed.

Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024

Lord Douglas-Miller Excerpts

Wednesday 14th February 2024 Lords Chamber

Moved by

[Lord Douglas-Miller]

That the draft Regulations laid before the House on 12 December 2023 be approved.

Considered in Grand Committee on 13 February.

Motion agreed.

Food Import Requirements

Lord Douglas-Miller Excerpts

Wednesday 14th February 2024 Lords Chamber

[Baroness Hayman of Ullock]

To ask His Majesty’s Government what assessment they have made of the impact of new food import requirements on (1) domestic producers, and (2) food safety.

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

My Lords, the controls set out in our new border target operating model, BTOM, represent a comprehensive assessment of the biosecurity and public health risks presented by imports, together with the risks of relevant pests and diseases. They allow us to assess our confidence in the exporting country’s production standards and health controls. The BTOM aims to strike the right balance between allowing trade to flow and protecting our domestic producers from threats such as African swine fever.

[Baroness Hayman of Ullock (Lab)]

My Lords, April’s post-Brexit import controls come after numerous delays and redesigns, and against a backdrop of a shortage of vets to check consignments and hauliers to move them. The port of Dover is concerned that the decision to have physical checks so far from its border will enable illicit activity between the two sites. Domestic producers are worried that, as they face higher input costs and labour shortages, EU farmers will be able to undercut them. How can the Minister guarantee that British farmers will benefit from these reforms and that there will be no undermining of our high welfare and food safety standards?

[Lord Douglas-Miller (Con)]

I thank the noble Baroness for her extensive question. The purpose of the BTOM is to provide that balance between the necessity to check for our biosecurity and allowing trade to happen. Specifically on Sevington, since 2022 the Government have provided funding to all port health authorities, including Dover, to support Border Force, which has the responsibility for checks on illegal imports. The Government recognise the rise in illegal imports, particularly pork, from eastern Europe, which is why we continue to provide additional funding to district port health authorities. With the introduction of BTOM, many of the Dover Port Health Authority’s duties and associated costs will move to Sevington, including the commercial trade checks that are being implemented, hence the reduced funding package for Dover.

[Lord Deben (Con)]

Does it not sound like Mrs Thatcher’s belief in the single market was a good idea? Should we not recognise that and stop this nonsense now?

--- Later in debate ---

[Lord Douglas-Miller (Con)]

I thank my noble friend. The last time I checked, we collectively voted to leave the European Union. The Government’s job is to implement the biosecurity checks to make sure that we are protected—not just our farmers and our consumers but the trade deals, which are worth billions of pounds a year to the UK economy.

[Lord Hannay of Chiswick (CB)]

My Lords, could the Minister find in his briefing pack the several occasions on which the European Affairs Committee of your Lordships’ House has recommended that there should be an SPS agreement with the European Union? If he looked at that, could he answer this question: how many of the new controls being imposed would be required if we had an SPS agreement with the European Union?

[Lord Douglas-Miller (Con)]

The noble Lord raises a very good point. I do not have the exact details of the requirement he is asking for, so perhaps the best thing I can do is write to him on that.

[Lord Bellingham (Con)]

My Lords, I declare my interests in the register. The Minister will be aware that we import 45% of the food in this country, and surely one of the lessons from the Ukraine war is the added emphasis on food security. Can the Minister say something about import substitution, and can he also give the House some assurance that the sustainable farming incentive does not always prioritise environmental schemes over food production?

[Lord Douglas-Miller (Con)]

I thank my noble friend for his question. The Government take the issue of food security extremely seriously, and we are absolutely committed to producing high-quality British food for British consumers. Getting the balance right between what we produce through our SFI programme—or our ELMS programme, I should probably say—is a fine judgment between getting the environmental and biodiversity improvements we all want to see, and producing food for the country.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, with beef and pork exports to the EU down by more than 20%, and the import of apples down 16.8% and oranges down 18.2%, what steps are the Minister and his Defra colleagues taking to ensure that, first, British farmers are not going out of business, and, secondly, supplies of essential foods are protected for the British consumer?

[Lord Douglas-Miller (Con)]

I thank the noble Baroness for her question. As I say, the Government are completely committed to domestic food production. I do not see that the introduction of the BTOM system has any bearing on what we import or export into or out of the UK.

[Lord Berkeley (Lab)]

My Lords, the Minister recently announced that meat imported through Dover will be checked at Ashford, which is about 15 miles upcountry. How is anybody going to stop the trucks from going straight up the motorway rather than turning left at Ashford? Will there be any enforcement, or are they just trusting people?

[Lord Douglas-Miller (Con)]

I thank the noble Lord for his question. It is important to differentiate between what is happening at the port of Dover and what is happening at Sevington. If you go to Sevington, you follow a system by completing the new electronic IPAFFS, which is designed for commercial imports. What is checked at Dover by Border Force is illegal imports. Now, you are not going to be sent to Sevington if you are illegally importing something; you go to Sevington only if you are following the Government’s designated procedures.

[Lord Lexden (Con)]

My Lords, has Brexit given any kind of boost to the production of apples in our country —those wonderful varieties Coxes, Pippins, Beauty of Bath and so on? I must say that I have not noticed any change since 2020.

[Lord Douglas-Miller (Con)]

I thank my noble friend for the question. I am afraid I am not an expert on apple varieties across the UK, but I know that there has been quite a lot of emphasis in government policy of late to widen the breadth of our different types of seeds and trees. I am sure that apples will be on the list; I will check for him.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, may I take the Minister back to his answer to the question from my noble friend Lord Berkeley? Perhaps I am very stupid, but I found it quite difficult to understand what he was telling us about the difference between what will happen in Dover and what will happen at the new facility outside Ashford. If people are being checked at Dover, what is then happening at Ashford? What is to prevent—this is the question he was asked—lorries leaving Dover that should be going to Ashford not doing so?

[Lord Douglas-Miller (Con)]

I hope I can clarify that for the noble Baroness. If you are commercially importing goods into the UK, you are following a system where you fill out an electronic form and that form identifies whether you are in the high, medium or low-risk category and whether you are going to be selected for a check at Sevington. When you arrive at the Port of Dover in your lorry, you will be notified that you have been selected for a check, and that information goes from the Port of Dover to Sevington. Sevington is then expecting to see the delivery arrive there shortly thereafter. That is entirely different from a white van arriving with illegally imported products—let us just call it pork—from eastern Poland. That is checked by Border Force at the port of Dover. So you have Border Force and you have border control posts, and they perform different functions.

[Lord Fox (LD)]

My Lords, can the Minister confirm whether the necessary professionals are still being recruited in order to provide this service? What percentage of capacity will be available on day one? Will it be 100%, 50% or what?

--- Later in debate ---

[Lord Douglas-Miller (Con)]

I thank the noble Lord for his question. Having been down to visit Sevington myself, I can assure him that we are in the advanced stages of recruitment there. I fully anticipate that, by the time we are up and running for checks at the end of April this year, we will have a full complement of staff. As to whether we are going to go straight to 100% checks, the answer to that is no, we are probably not. We are going to monitor the situation and will be in control, through the IPAFF system, of the number of vehicles that we direct to Sevington for their checks.

Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024

Lord Douglas-Miller Excerpts

Tuesday 13th February 2024 Grand Committee

Moved by

[Lord Douglas-Miller]

That the Grand Committee do consider the Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024.

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

My Lords, these regulations were laid in draft before this House on 12 December 2023.

The purpose of this instrument is to make provision to ensure that the United Kingdom, as a member of the International Commission for the Conservation of Atlantic Tunas, henceforth referred to as ICCAT, can continue to meet the full range of its international obligations in relation to the convention which governs ICCAT. The UK has an obligation under the United Nations Convention on the Law of the Sea to co-operate on the management of shared fish stocks, including through appropriate regional or sub-regional organisations. ICCAT is one such example. It is responsible for ensuring that fisheries for tunas and tuna-like species, such as swordfish, in the Atlantic Ocean are managed sustainably. The UK became an independent contracting party to the convention—in other words, a member of ICCAT—on 1 January 2021, after depositing an instrument of accession following EU exit.

As a member of ICCAT, the UK must ensure that we are able to implement and enforce binding measures, known as recommendations, which are agreed by contracting parties under the convention. The UK must ensure that our domestic laws fulfil these international obligations. This instrument updates and amends various regulations of retained EU law to implement recommendations adopted by the commission immediately prior to and since the withdrawal of the UK from the EU. Where appropriate, this instrument also makes amendments to reflect the UK’s status as an independent coastal state.

I will now go through each element of the regulation in turn to briefly explain the amendments being made to retained EU law. Regulation 2 of the instrument removes provisions from Council Regulation 1936/2001, which laid down control measures applicable to fishing for certain stocks of highly migratory fish. It also included provisions that regulated the farming of bluefin tuna. The UK, however, does not farm bluefin tuna. These provisions have therefore been removed as they are not relevant to the UK.

Regulation 3 amends Council Regulation 1984/2003. It now correctly reflects the convention’s requirement for a statistical document to accompany imports of swordfish and bigeye tuna into the UK. Other amendments are made for clarity and to ensure that the amended provisions are enforceable. For example, amendments to the description of fish captured no longer reference the 1984 version of the EU’s combined nomenclature. They are instead replaced with references to the UK commodity codes used in the UK’s customs tariff.

Regulation 4 of this instrument updates Regulation EU 640/2010 to mandate the use of an electronic catch documentation system for bluefin tuna, replacing the use of clerical documents. Further amendments are made to ensure that the new requirements are clear and enforceable, as well as outlining the limited circumstances in which a paper catch document may be used instead of the electronic system.

Regulation 4 also amends the descriptions of fish captured within Regulation EU 640/2010. These descriptions have been updated with references to the commodity codes found in the UK’s customs tariff. This amendment makes the description of fish clear and ensures that the regulation is enforceable.

Regulation 5 removes provisions in Commission Delegated Regulation EU 2015/98, which established derogations from landing obligations in order to fulfil ICCAT requirements. Instead, these provisions are covered in Regulation EU 2016/162. Removing these provisions from Commission Delegated Regulation EU 2015/98 avoids duplication and provides clarity.

Regulation 6 of this instrument amends Regulation EU 2016/1627, which implemented ICCAT’s multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean. Since the recovery plan was introduced, I am pleased to say that stocks of bluefin tuna have improved significantly. The recovery plan has now been replaced with a multiannual management plan. Regulation 6 therefore comprehensively amends Regulation EU 2016/1627 to ensure that it correctly reflects the UK’s obligations under ICCAT in relation to the management plan and the UK’s catch quota.

A multiannual recovery plan was also developed for the management of swordfish in the Mediterranean. The EU gave effect to the recovery plan under Regulation EU 2019/1154, which was retained in our domestic legislation at the point of EU exit. However, as these provisions relate to swordfish in the Mediterranean, Regulation 7 of this instrument revokes the substantive provisions of Regulation EU 2019/1154 as they are not relevant to the UK.

Regulation EU 2019/1241 sets technical measures for the conservation of fisheries resources and the protection of marine ecosystems. Regulation 8 of this instrument amends Regulation EU 2019/1241 to insert minimum conservation reference sizes for bluefin tuna specified under the convention. By making this amendment, all minimum conservation reference sizes will be specified within one regulation rather than contained in different pieces of retained EU law, ensuring clarity within our domestic legislation.

In addition to amending retained EU law, Regulation 9 of this instrument amends the Common Fisheries Policy and Aquaculture Regulations 2019 to remove references to obsolete legislation. Specifically, amendments have been made to remove provisions relating to retained EU law; they have been removed and replaced with Regulation EU 2017/2107, which lays down management conservation and control measures within the conservation area of ICCAT.

The devolved Administrations are supportive of the amendments made in this instrument, ensuring that the UK can continue to meet in full its obligations as an independent contracting party to the ICCAT convention. If this instrument is not passed, the UK will not only fail to meet its international obligations under the convention; by not implementing enforceable management and traceability systems, we risk undermining efforts made over the past 17 years to ensure the sustainable management of Atlantic bluefin tuna stocks.

I hope that I have reassured all noble Lords on the purposes and aims of this statutory instrument, ensuring the continued sustainable management of this important fishery. For the reasons I have set out, I commend the regulations to the Committee. I thank noble Lords for their attention and remain at their disposal for any questions or discussion on this matter.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for his introduction to this statutory instrument, which covers the International Convention for the Conservation of Atlantic Tunas, known as the convention.

While a member of the EU, the UK had no quota for tuna and tuna-like species. However, following Brexit, we are entitled to a quota as tuna stocks have apparently improved. The SI makes changes to retained EU law in eight previous sets of regulations, including the Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019. That is quite a lot of change and I am grateful to the Minister for going through each of the eight sets of regulations.

Paragraph 7.2 of this instrument’s Explanatory Memorandum explains how the UK has acquired a quota for bluefin tuna

“as an independent contracting party … in line with the UK-EU Trade and Cooperation Agreement”.

From hereon in I shall refer to “BFT” because, as noble Lords can hear, I am getting tongue-tied in saying “bluefin tuna”. Despite not stating what the quota is, the EM indicates how the requirements will apply to UK fishing vessels catching BFT in the convention area; this includes the

“offence, penalty, and enforcement provisions”,

which

“have been added directly to relevant retained EU law to avoid … ambiguity as to whether existing enforcement provisions would apply to the newly amended provisions”.

A read through the government website’s guidance gives information about the size and length of the vessels, as well as the bait, to be used for catching BFT. It also gives detailed information about how such catch can and cannot be landed, including returning undersized live tuna to the sea, recording all catch and keeping on board dead catch for which there is no authorisation for landing.

However, it is not exactly crystal-clear. According to the government website, but not the EM, the BFT quota allocated in 2023 was 65 tonnes—an increase on the quotas for 2021 and 2022. The UK is to use 39 tonnes of that quota to trial a new, small-scale commercial fishery to see whether it will benefit UK fishers. Assuming that the 2024 quota remains the same as the 2023 one—65 tonnes—this leaves 26 tonnes of BFT to be distributed between a possible 10 available licensed authorisations. I am neither a commercial fisher nor a recreational one, but it seems to me that potentially receiving only just over 2 tonnes of the BFT quota will not be sufficient for many, especially in the commercial sector. I note that the regulations prohibit farming and the use of traps in UK waters or by UK vessels in the convention area for BFT. This is a good thing if enforced.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

Perhaps the noble Lord can take that away and make sure the link works properly in the future. It was a bit frustrating that I could not get any detail on it. Having said that, we completely support this legislation and we need to move on with it.

[Lord Douglas-Miller (Con)]

I thank both noble Baronesses for their interest in tuna fishery. I was led to believe that the record for an SI is seven minutes; I was hoping that we might have beaten it, but BFT is obviously a long phrase and takes a bit of time to get through.

A few questions were raised. First, I will look at the consultation link and make sure that it works. Secondly, the management of our quota and the sustainability of the fishery are interlinked. We are governed by ICCAT, so it is not a European or a British thing. We do not say, “We’re going to take 50, 100 or 200 tonnes”; we have joined this organisation, which has an overarching responsibility across the whole of the bluefin tuna fishery and that of related species. As such, it does a lot of the research work that gives us some indication of how the bluefin tuna fishery is developing. It has been intricately involved in the management plan over the last 10 or 15 years.

We look to ICCAT for the quota, which it allocates across all other European countries, as well as ours. We get what we get, and then it is up to us to decide how we allocate that between the commercial and recreational fishery. This is all a bit new, not just to me but to most fishermen, I think. Not many people out there fish for bluefin tuna. The current plan is that all the recreational fishery will be catch and release. We will catch the fish, tag it and take information to feed back to ICCAT, which will help inform its decision-making. That may change over time if the fishery grows and we feel that there is a market.

The noble Baroness, Lady Bakewell, asked about objections. I am not aware that we have had any objections at all on this issue. If we bump into lots, we can feed that into our thought process and see where it takes us. I take her point about giving people clear instructions on catch and release. Tuna is a very big fish. I am a fisherman and I have some experience of catch and release; it is absolutely not as easy as it sounds. If we are doing catch and release, there is a real need to ensure that there is clear guidance on how it is executed and that we do not damage fish in the process of releasing them. That guidance and those details need to be fleshed out a bit.

Finally, I am afraid that I am unclear on the parity of permit charges, so I will write to the noble Baroness on that point.

I think that covers all the questions, so I will wrap up. I hope noble Lords share my conviction about the need for this instrument to make the necessary provisions outlined in the Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024. The regulations ensure that the UK can continue to meet its full international obligations under the convention which governs ICCAT, supporting the sustainable management of Atlantic bluefin tuna. With that, I commend the instrument to the Committee.

Motion agreed.

Met Office: 2023 Temperatures

Lord Douglas-Miller Excerpts

Tuesday 6th February 2024 Lords Chamber

[Baroness Jones of Moulsecoomb]

To ask His Majesty’s Government what additional measures they are planning in response to the news that the Met Office believes that 2023 was the second hottest year on record.

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

My Lords, adapting to our changing climate is vital to strengthen our national security, provide resilience in food production and protect the economy from higher costs in the future. In July last year, we published the third national adaptation programme, NAP3, which set out our ambitious programme of action for the five years to 2028. This marked a step change in the Government’s approach to climate change adaptation to address the climate crisis.

[Baroness Jones of Moulsecoomb (GP)]

Those are fine words, but we have to keep acting fast. I am sure the Government know that there have been recent discussions about developing a new category of hurricanes because of their increasing severity. That means that we will see more encroachment of coastlines, and that we ought to start worrying about flooding here in Britain and the Thames Barrier. In view of all those things, what are the Government’s plans for acting a little faster and sitting less on their hands?

[Lord Douglas-Miller (Con)]

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

[Earl Russell (LD)]

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

[Lord Douglas-Miller (Con)]

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

[Lord Hamilton of Epsom (Con)]

Does my noble friend the Minister accept that, if heather is allowed to grow out and become woody and large, we will have more wildfires destroying peat and so forth? The answer is to regularly burn heather. What plans does my noble friend have for this?

[Lord Douglas-Miller (Con)]

Heather burning is quite a niche area, but I know a little about it. I am conscious that there is a balance between mitigation and adaptation, and heather burning fits neatly into that space. The science is developing in this area, and at the moment it is a little ambiguous and unclear on precisely what we should do. We should allow ourselves a little more time and conduct a little more science, and use that evidence to lead us down the appropriate route.

[Lord Alton of Liverpool (CB)]

My Lords, the meeting of the All-Party Group for Africa last night was addressed by the Africa Minister, the right honourable Andrew Mitchell MP. He described the almost catastrophic drought that is likely to affect the people of the Horn of Africa, where there are currently 20 million people facing food insecurity. This is the worst drought in 40 years. Can the Minister tell the House how we are responding to that crisis? There are shrivelled crops, starving livestock, chronic hunger and widespread water insecurity, and 8 million animals, including livestock, died over the course of the last year. If he cannot give the answer now, can he agree to place a letter in the Library of your Lordships’ House setting out the Government’s response?

[Lord Douglas-Miller (Con)]

This is a heartbreaking story and situation that is causing a lot of pain and suffering. The Government’s international leadership on climate change has been demonstrated over the last few years in a consistent way. We continue to provide that leadership. I do not have the specific answers to the noble Lord’s question here and now, but I will endeavour to write to him very shortly to lay out the Government’s position.

[Baroness Hayman of Ullock (Lab)]

My Lords, can the Minister explain how the Government will square the circle of announcing their stated ambition on tackling climate change, while at the same time awarding new licences for oil and gas extraction and approving a new coal mine?

[Lord Douglas-Miller (Con)]

The noble Baroness raises an interesting question. This demonstrates very clearly the transition that we are going through, from fossil fuels to renewable energy. She will know that the Government have a clear policy of moving to renewable energy. It is a transition, during which we will still need oil and—I hope to a much lesser extent—coal to get us from A to Z. I appreciate that it is a complex area, but that is the Government’s position.

[Lord Trefgarne (Con)]

My Lords, who is the Minister responsible for the Met Office? I am sorry to say that it used to be me.

[Lord Douglas-Miller (Con)]

I believe that it is a Defra responsibility.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend the Minister agree that, with the changes in weather patterns—intense heat followed by very short, sharp but intense showers—surface water has been identified as an increasing problem since 2007? Will he address the issue of highways authorities not having responsibility for surface water run off? This is one of the greatest causes of pollution in our rivers and it needs to be addressed where it joins with combined sewers and enters people’s homes and our rivers.

[Lord Douglas-Miller (Con)]

It would probably be best if I wrote to my noble friend about this. She has raised a range of issues which I do not have time to go into today. I will write to her in due course.

[Lord Bellingham (Con)]

My Lords, rising temperatures obviously go hand in hand with rising sea levels and coastal erosion. The latter is having a particularly serious impact on parts of the Norfolk coast. Can the Minister confirm to the House that a previous policy of managed decline is no longer in place and that we will do all we can to help the communities affected by the impact of such events?

[Lord Douglas-Miller (Con)]

My noble friend will be aware that the Government have committed north of £5 billion for flooding and coastal erosion. We are now half way through that programme. I will write to my noble friend specifically about the Norfolk coast.

[Lord West of Spithead (Lab)]

My Lords, does that Minister agree that, with the need to cut emissions and the growth in the amount of power that our nation requires, there is a real need to speed up the provision of nuclear power to ensure that we have green energy?

[Lord Douglas-Miller (Con)]

I entirely agree with the noble Lord.

[The Lord Bishop of Bristol]

My Lords, as the Minister will know, net zero is impossible without decarbonising heating. The clean heat market mechanism is a crucial part of that. Does he recognise its importance? Will he refute media speculation that the Government are considering a U-turn on it? Will he make representations to boiler manufacturers that are unfairly passing these costs on to consumers?

[Lord Douglas-Miller (Con)]

Again, I will write to the right reverend Prelate in due course. I am doing rather a lot of writing today, am I not? This is a broad subject which I am slowly getting my head around.

[Lord Forsyth of Drumlean (Con)]

My Lords, further to the question from the right reverend Prelate, is it not important that everyone realises that passing on the cost to consumers is not unfair—this is what is going to happen? In pursuing our policy, we have to be aware of this cost and phase it in over time. It is completely irresponsible to move ahead of people’s ability to pay.

[Lord Douglas-Miller (Con)]

I entirely agree with my noble friend. The communication on this transition has not been entirely well presented. A transition to a green energy future is going to cost a significant amount of money. I concur with my noble friend’s view on this.