Biodiversity Duty: Public Authorities

Lord Gardiner of Kimble Excerpts

Monday 22nd July 2019 Lords Chamber

[Baroness Parminter]

To ask Her Majesty’s Government what plans, if any, they have to strengthen the public authorities’ biodiversity duty.

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

My Lords, we must ensure that biodiversity is at the heart of improving the environment. The forthcoming environment Bill provides an opportunity to do more for biodiversity. We will introduce mandatory net gain and a new statutory body to hold government and other public authorities to account. We want the biodiversity duty to underpin these, and we are actively considering how we will work with public authorities to enhance the natural environment.

[Baroness Parminter (LD)]

I thank the Secretary of State for his speech last week, though I note that he said “I want to” rather than “We will” introduce a biodiversity duty. If other government departments scupper the inclusion of a stronger biodiversity duty in the environment Bill, how will the Government respond to the biodiversity crisis that we face, so powerfully outlined in recent UN reports?

[Lord Gardiner of Kimble]

My Lords, this has to be not only across government but across the whole of civic society and public authorities if we are to enhance the environment. I have plenty of examples of where other government departments are working very constructively and successfully, whether it is the MoD, the MoJ, HMRC, DWP, the Environment Agency, the Forestry Commission, Natural England or county councils; all of them are working very strongly on biodiversity. We have clearly got to do more, but I reassure the noble Baroness that this has to be across government because that is the only way we will actually enhance the environment.

[The Countess of Mar (CB)]

My Lords, I was a member of the House of Lords Select Committee on the Natural Environment and Rural Communities Act 2006. In our report, we supported strengthening the biodiversity duty. We also recommended that it was combined with a reporting duty. Will the Minister say what plans the Government have for improving the transparency of the way in which the duty is carried out?

[Lord Gardiner of Kimble]

My Lords, the noble Countess is right that, as the Government implement, with others, our 25-year environment plan, we will build on existing reporting mechanisms to drive further improvement. Some of the priorities set out, including the condition of our protected sites and the creation and restoration of wildlife-rich habitats, are already under a reporting duty, but we will work on how we can take forward an enhanced reporting mechanism.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the UK is now among the most nature-depleted nations in the world, so it was good to hear the Secretary of State say last week that he wants to strengthen the duty of public authorities not just to conserve but to enhance nature. Will the Minister pass on the message that that will be a hollow commitment if it is not backed by the resources and energy that local authorities will need to carry out those duties effectively? What are the Government doing to work on a cross-departmental basis to deliver that?

[Lord Gardiner of Kimble]

My Lords, the environment Bill—obviously, this is a second Session piece of legislation—is designed to plot a course precisely to restore and enhance nature and the environment and to do many other things but particularly to introduce a pioneering new system of green governance. It is clearly essential that we enhance nature. That is why species such as the chough and the bittern are recovering and there are a number of reintroductions, such as the short-haired bumble bee. We are working on a number of species, but we need to improve habitats across the board.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that ash tree dieback has caused great devastation to self-planting trees? Many of them are on property owned by local authorities. Will my noble friend confirm that it will be a biodiversity duty of local authorities to remove such trees, and has his department made an estimate of the cost of such removal?

[Lord Gardiner of Kimble]

My Lords, my noble friend is right to highlight the biodiversity costs of losing ash trees. It is why, with research, we have found the most tolerant strains. We will be planting a large plantation of the most tolerant strains next year so that we can ensure that ash retains its important part in our ecosystems. We have also produced a toolkit and we are working with local authorities as, clearly, not only is health and safety involved but we want to ensure that the most tolerant trees are conserved. A lot of work is being done on that. For instance, I commend Devon County Council for its policy that, for every tree that is felled, three are being planted. That is a message for everyone.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, one disastrous tactic being used that really damages biodiversity is the concept of biodiversity offsetting. What happens is that we lose ancient, well-established areas that are biodiversity rich and create new areas that are not. “One tree out, three in” sounds great, but if that one tree is 100 years old and the three are only 10 years old, that is not so great. Will the Government commit to not using the tactic of biodiversity offsetting?

[Lord Gardiner of Kimble]

It is very important to retain veteran trees wherever we can because they are vital to our ecosystems. Obviously, if they are dangerous because they are beside roads or whatever, we have to be practical, but we want to plant a lot of new trees and we also want to have protections for our veteran trees and our wonderful landscape. Enhancing the environment is not only the intent of the environment Bill but the direction of travel for all of us.

[Baroness Scott of Needham Market (LD)]

My Lords, the Select Committee to which the noble Countess referred a moment ago heard evidence that fewer than one-third of planning authorities have access to a trained ecologist. I suspect that that is part of the reason why previous questioners’ issues are coming forward. Has the Minister done any work since that report was published to ascertain how we are going to get the right quality of ecological advice if we are to deliver the outcomes which he would like to see?

[Lord Gardiner of Kimble]

My Lords, that is why we are working not only with Natural England but with local authorities. In terms of the biodiversity net gain proposals, the developer and the local planning officer clearly need to work together to ensure that the local planning officer knows precisely what is meant by “net gain”. This is work in progress.

[Lord Marlesford (Con)]

My Lords, does my noble friend agree that one problem is that the big developers can outgun the planners, and the planners are not always of very good quality? For example, in the beautiful medieval town of Framlingham in Suffolk, which I know rather well, there are two big developments. One is excellent and is by Hopkins Homes; the other is by Persimmon and is an absolute disgrace—it should never have been allowed and the developer has got away with everything.

[Lord Gardiner of Kimble]

My Lords, I passed through that great town only on Friday, so I identify with what my noble friend says on the matter. That is precisely why we are going to mandate biodiversity net gain. We need to work with all developers—domestic and commercial—to ensure that there are habitats for wildlife enhancement and that we leave those habitats in a better state than they were pre-development.

Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 17th July 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 6 June be approved. Considered in Grand Committee on 15 July.

Motion agreed.

Plastic Bag Charge

Lord Gardiner of Kimble Excerpts

Wednesday 17th July 2019 Lords Chamber

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

My Lords, this important measure affects small businesses. To ensure effective policy, we have asked the Regulatory Policy Committee to scrutinise our evidence of costs and benefits, as set out in the impact assessment. That is in line with the Small Business, Enterprise and Employment Act 2015. We expect the comments in mid-August and, subject to them, we intend to publish our proposal as soon as possible afterwards. An affirmative SI will be required to introduce any changes.

[Lord Hayward (Con)]

I thank my noble friend for that Answer. His department indicated previously in a Written Answer that usage of plastic bags among small and medium-sized retailers will drop by some 2.2 million a day when the policy is introduced. Therefore, since my last Oral Question on this subject on 17 June, 75 million plastic bags have been brought into the waste stream unnecessarily, into the nation’s rivers and the world’s whales. Will my noble friend please indicate more specifically when he is likely to implement a policy that has worked well in Wales and Scotland for a number of years, and how much charities have lost in the period since his last Answer to me?

[Lord Gardiner of Kimble]

My Lords, I first salute my noble friend’s tenacity on this matter. We do want to make progress. We estimate that, overall, surplus income to charities from charging would be £29 million in year one. Clearly, I recognise the importance of reducing bags in circulation, and it is important to register that six out of seven supermarket chains are phasing out the single-use carrier bag by the end of this year. The whole point of the charge is to change consumer behaviour—that is really what this is all about.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the noble Lord, Lord Hayward, has hit the nail on the head. The Secretary of State has been strong on rhetoric but weak on action. Yesterday, he made what was billed as his farewell landmark speech. The truth is that this Government have failed to bring forward a single piece of primary legislation on waste since the last election. So, before he goes, will the Minister put in a special plea to his boss for urgent action to end single-use plastics and introduce the plastic bag charge for which we have been waiting for a very long time?

[Lord Gardiner of Kimble]

My Lords, I very much hope that it is not the Secretary of State’s farewell message, because he has shown great leadership in ensuring that the enhancement of the environment is in everyone’s mindset. We introduced a world-leading ban on microbeads in rinse-off personal care. We announced a ban on the sale and distribution of plastic straws and stirrers, and plastic-stemmed cotton buds, which is due to come in next April. There is plenty of work. I always wish to take speedy action on this, but we need to get it right and we will need to do research on things such as biodegradable plastics so that we make the right choice for the environment.

[Baroness Parminter (LD)]

My Lords, £50 million was raised from the plastic bag levy last year. Given that retailers do not have to say where the money goes, and last year only 60% chose to do so, what confidence do the Government have that this money will end up going to good causes?

[Lord Gardiner of Kimble]

The noble Baroness is right that it has gone to very good causes, and it is a matter of social responsibility that the charities that benefit from the charge should receive that money. I mentioned in my earlier reply that six of the seven supermarket chains are phasing out single-use carrier bags this year, so we will see a change. Although we will continue to have charitable donations, this is about changing consumer behaviour, and charities will need to recognise that.

[Lord Wigley (PC)]

Does the Minister accept that, while the primary objective is clearly to reduce the use of plastic bags, with the benefits that will come from that, our experience in Wales is that there is a secondary benefit in tidying up the environment, particularly the hedgerows, where there are far fewer plastic bags now lodging? Will he bear that in mind in driving this policy forward?

[Lord Gardiner of Kimble]

We discussed these matters earlier this week in relation to littering. The evidence is very clear that the reduction in the number of single-use carrier bags has had a dramatic effect, particularly in terms of marine litter. There has been a very considerable reduction in the appearance on beaches and in the oceans of carrier bags. Of course, most marine litter comes from land sources—so I agree with the noble Lord.

[Baroness Boycott (CB)]

My Lords, while I appreciate the 10p tax, why can the Government not go further and ban these bags? Certain plastic items are being banned. There are 500 billion single-use plastic bags made in the world and they have a shelf life of 12 minutes, apparently. New York is about to ban them. California has banned them and so have 32 countries around the world. We can see where consumer interest is going. Why are we not doing this?

[Lord Gardiner of Kimble]

My Lords, what is happening with the supermarkets—and, indeed, with the 10p charge —shows that we are changing consumers. Yes, we can ban certain things, but if we are to command the consent of most people in this country we have to encourage each and every one of us to change our consumer behaviour. That is why the 5p charge has already had a dramatic impact and why we believe that the 10p charge to all retailers will have a considerable impact. I think that that is the way forward. Banning things is a last resort.

[Lord Tomlinson (Lab)]

While the noble Lord is struggling with the problems of consultation in relation to plastic bags and their distribution by supermarkets and others, will he perhaps turn his undoubted abilities to something nearer home: namely, the plastic bags in which we have mail forwarded to our domestic addresses? They are very heavy plastic, they are almost impossible to open and they come at great cost to the taxpayer.

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, I have enormous sympathy with that. It is obviously a matter for the House authorities. Those of us who subscribe to various societies and organisations are now starting to see that, for instance, the Royal Horticultural Society has biodegradable envelopes rather than plastic ones. That is the way forward. Everyone who is a member of a society or an organisation should perhaps encourage them to start thinking more about the circular economy and not using plastic in it.

Wild Animals in Circuses (No. 2) Bill

Lord Gardiner of Kimble Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I have great respect for the positions of the noble Baroness, Lady Fookes, and the noble Lord, Lord Trees, and I agree that decision-making in this House should be based on sound evidence. That is always how we operate.

The issue of guidance was raised at Second Reading and debated again in Committee. It is important that we have detailed guidance to support the core objectives of this Bill, which has widespread support. At Second Reading, we were pleased that the Minister placed on record that the guidance will be published by 20 November, two months before the Bill comes into effect. We were also persuaded that the common-sense approach to spelling out the details of many of the issues that noble Lords were raising—such as the definition of “travelling circus”—would be to include them in the guidance, rather than on face of the Bill.

Let me make our position clear. Our priority is to finish all stages of this Bill before the coming recess, so that it can be put on the statute book. It is a good Bill, which delivers on my party’s long-standing commitment to ban wild animals in circuses. Any amendments passed today would jeopardise it. I therefore urge the noble Baroness, Lady Fookes, to consider that and to withdraw her amendment.

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

My Lords, this new clause would require the Secretary of State to produce guidance on the provisions of the Act by no later than 20 November 2019. It would also require guidance to be approved by resolution of both Houses, including if and when guidance is revised. I say particularly to my noble friend Lady Fookes and to the noble Lord, Lord Trees, that I have already stated on the official record during debates on this Bill at Second Reading and in Committee that the Government will be producing guidance. As the noble Baroness, Lady Jones of Whitchurch, has said, that guidance will be issued by 20 November 2019, two months before the commencement of the Act.

As I confirmed at Second Reading, we do not consider it appropriate for the guidance to be statutory. The aim of the guidance is not to set out additional requirements or obligations but to provide clarity on the Government’s interpretation of certain terms used in the Bill and the approach that will be taken to enforcement. If a challenge is brought, ultimately it will be for the courts to interpret the Act. This is the position taken by the Scottish Government, who have produced well-considered non-statutory guidance to accompany their Wild Animals in Travelling Circuses (Scotland) Act 2018, which is a good example of the type of guidance Defra will be looking to produce.

The Government’s commitment to issue guidance is on the record; I put it on the record again. I should also add that the Government have committed, during debates on the Bill in the other place, to consult with welfare groups, the police and other stakeholders on the guidance. Defra officials have already begun the process of drafting the guidance. If my noble friend Lady Fookes, the noble Lord, Lord Trees, or indeed any other noble Lords wish to see the guidance in draft before it is issued, I would of course be pleased to share it with them.

There is also a timing and practical point, which a number of your Lordships have already raised, with regards to my noble friend’s amendment. I recognise that my noble friend is speaking to the principle of having statutory guidance, but I have made it very clear as to the work that we will undertake on the contents of the guidance and the timings for publication. I am concerned that my noble friend’s amendment does not allow sufficient time for both Houses to consider the guidance between the Bill gaining Royal Assent and the deadline for the guidance to be published on 20 November.

As I have said, it will, and it should, be for the courts to provide the ultimate interpretation of this Act. The guidance that we will produce will aid circuses and enforcers in understanding the requirements of the Act by providing an explanation of some of the key terms used. This is a particular point that the noble Lord, Lord Trees, is getting at—I understand it. The Government have no further intention beyond this measure in terms of wild animals in circuses and travelling circuses. The guidance will set out examples of the types of activities that the Government consider would and would not constitute a “travelling circus”. So, for example, the guidance will make clear that we do not consider that the Bill affects activities such as travelling bird of prey displays, festive reindeer displays, educational visits to schools involving small zoo animals or wild animals used in television or film work, for example.

The guidance will give examples of what the Government intend to be meant and not meant by performance and exhibition, as used in the Bill. So, for example, “exhibition” would include positioning a wild animal in a manner calculated to promote the circus, whether or not a payment is required, whereas a wild animal spotted in a field by a passing member of the public grazing unadorned—where that viewing is not being encouraged by the circus—would not count as being “exhibited”.

My noble friend Lady Fookes also spoke at Second Reading about the definition of “wild animal”. The guidance will provide examples of animals considered not to be commonly domesticated in Great Britain from the definition of “wild animal”. The guide to the provisions of the Zoo Licensing Act 1981 provides advice on what animals may fall into either the normally domesticated or not normally domesticated categories, and we plan to draw from that approach. So, for example, the guidance will explain that cats, dogs and horses would not be deemed “wild animals” under the Bill, but tigers, wolves and zebras would be.

That brings me to the final reason as to why we do not believe this amendment is necessary or desirable. The purpose of our guidance will be to aid interpretation and provide clarity on the approach that the Government will take in relation to enforcement; it will go no further. It will not introduce any additional requirements or obligations with which circus operators would have to comply. Accordingly, it will be quite different from the type of guidance which would usually be statutory, such as the codes of practice that Defra issues under the Animal Welfare Act 2006. These codes of practice set out what animal owners should do to meet the welfare needs of their animals, as required under that Act. They can be used in courts as evidence in cases brought before them relating to poor welfare of animals, and as such are rightly subject to parliamentary scrutiny. The Defra guidance on this Bill will merely explain in more detail the Government’s view of how the Bill will work in practice.

The Government feel that, given the circumstances, and the fact that the guidance will explain only what is already covered by the Bill, non-statutory guidance is not only desirable but appropriate. As I have said—I think the noble Baroness, Lady Parminter, was seeking this confirmation—the guidance will be considered with welfare groups, the police, stakeholders and, in particular, circuses, and will be published no later than 20 November this year.

As I have said, if any noble Lords would like to see a draft copy of the guidance, given that officials are aiming to have a first draft ready for wider circulation by the time the House returns in September, then I would be very pleased to hear from them. I will ensure that there is an opportunity to comment on the draft.

I understand the intention of my noble friend’s amendment, but we should now be making speedy process on this legislation. I very much hope that, with the reassurances I have given today to my noble friend and the noble Lord, Lord Trees, she will feel in a position to withdraw her amendment.

[Baroness Fookes]

My Lords, as I explained at the outset, this was a point of principle about always challenging Governments when they introduce legislation to ensure that they do not go beyond the bounds of what I would call propriety—just taking off into the sunset with whatever they fancied. I am entirely with the noble Baroness: I have no wish to see this Bill deferred or put at danger in any way whatever, but I felt it important to put the point of view that I have expressed on the record.

My noble friend the Minister has also done a very good job in reassuring me. He has been kind enough to make a number of detailed points. As for inviting anybody who would like to see the draft guidance to do so, I shall take him up on that at once. Please will he let me know when it is available? That may well be the case for other Members of the House, though I dare not speak for them.

I am grateful to my noble friend for the care he has taken in putting the case for the Government and, in those circumstances, I beg leave to withdraw the amendment.

Litter Strategy

Lord Gardiner of Kimble Excerpts

Monday 15th July 2019 Lords Chamber

[Lord Sherbourne of Didsbury]

To ask Her Majesty’s Government what progress is being made on implementing their Litter Strategy for England, published on 10 April 2017.

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

My Lords, progress includes improved enforcement powers for councils, with a near doubling of the maximum on-the-spot penalty, the launch of our ambitious Keep it, Bin it anti-litter campaign and continued delivery of the litter innovation fund. We were also pleased to support this year’s Great British Spring Clean, which mobilised over half a million people and involved over 175,000 young people. The litter strategy brings together communities, businesses, charities and schools to deliver real change.

[Lord Sherbourne of Didsbury (Con)]

Does my noble friend agree that it is a somewhat strange paradox that, at a time of growing and wide concern—quite rightly—about safeguarding the environment, there seems to be an increasing problem with litter all over the place? Without the fantastic work of street cleaners, we would realise how big a problem this really is. Will my noble friend say what more can be done to educate our schoolchildren about the problems of litter; the danger it causes to the environment, disfiguring it, and the health hazards it can cause?

[Lord Gardiner of Kimble]

My Lords, my noble friend is absolutely right. That is why education and awareness are key elements of the litter strategy; we want every child to learn about the impacts of litter. Citizenship education is part of the statutory national curriculum at key stages 3 and 4. There are also 19,200 schools in England which are registered eco-schools—that is around 79%, and this number is growing daily. The Great Big School Clean was central to the Great British Spring Clean. There is very much more to do, but we certainly need to work with the next generation to have a better environment.

[Baroness Jones of Whitchurch (Lab)]

My Lords, we have been waiting for the introduction of a bottle deposit scheme, which would play a significant part in reducing litter from plastic bottles and tin cans, for some time now. Given that the Government’s latest consultation on this issue was completed a couple of months ago, what is now stopping them from introducing this measure, which would have widespread popular support and do a great deal to tackle the litter problem?

[Lord Gardiner of Kimble]

My Lords, I agree with the noble Baroness that the deposit return scheme is a very important part of what we need to do. There clearly needs to be further work with business to ensure that the scheme runs satisfactorily when we implement it. The first consultation closed on 13 May. This is very important in terms of littering and of increasing recycling. These two things go together. I am as impatient as the noble Baroness to get this done as soon as possible.

[Baroness Parminter (LD)]

My Lords, glass is a major problem when it litters our countryside—for humans, for fire risks and for wildlife. The noble Baroness, Lady Jones, mentioned the deposit return scheme. Scotland has recently introduced a 20p deposit return scheme which includes glass. Will the Minister confirm that any scheme introduced in England would include all sizes and materials, including glass?

[Lord Gardiner of Kimble]

I had better check on that precisely for the noble Baroness. I will put a letter in the Library. The whole purpose of the deposit return scheme is to ensure that, in our ever more circular economy we need to recycle and reuse more, whether it is glass, plastic or aluminium. I will write to the noble Baroness.

[Lord Marlesford (Con)]

My Lords, does my noble friend agree that a much cleaner Britain ought to be a relatively easy political objective to achieve? Will he agree that one thing that is needed is more people picking up litter? As we are trying to keep people out of prison, a great deal more use could be made of community service orders to ensure that litter is picked up.

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, we have a great dilemma. We can do all that we need to do and want to do, with many more people picking up litter—over half a million were doing so in the Great British Spring Clean—but roughly one in five people admits to dropping litter. The whole purpose of the education and awareness campaign is precisely to bear down on the fact that a lot of our fellow citizens do not think it is socially unacceptable to drop litter. For all sorts of reasons, we must tackle that because it is damaging to the environment and wildlife, and it looks dreadful.

[Lord Bassam of Brighton (Lab)]

My Lords, does the Minister agree that, given that we have so many local authorities with different recycling schemes, we should have a national standard and a national plan for recycling? That way, maybe we will begin to drive up recycling rates, which are appallingly low in most local authority districts.

[Lord Gardiner of Kimble]

That is precisely why we are working on it. The noble Lord is right: we want to have a consistent, clear and easy to understand range of products—the widest range of products—that are recyclable. It all goes back to the need to enhance our environment, and that is part of that work.

[The Countess of Mar (CB)]

My Lords, does the Minister agree that the state of the verges on our major roads and motorways and on railway embankments is something that we should all be ashamed of, particularly when a lot of tourists use these routes? When I asked previously, I was told that health and safety stopped people from picking up litter on major roads. Is there any way that we can overcome this and ensure that our roadsides are kept clean?

[Lord Gardiner of Kimble]

I agree with the noble Countess that our roads are not a good advertisement. That is why we have been working with Highways England. Highways England has been working on 25 particular hot spots that are really bad—indeed, nearly 20,000 bags of litter were picked up in the Great British Spring Clean. We need to do more on that and more on working with the highways network and the railways. That is why I am pleased with the Keep it, Bin it campaign. It is all to do with working with many different bodies to ensure that the message gets about that it is not acceptable to drop litter.

Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 15th July 2019 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019.

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

My Lords, this statutory instrument transfers a series of limited, technical legislative functions that are currently conferred by EU environmental directives upon the EU Commission so that after exit day they can be exercised by the Secretary of State or the devolved Administrations. The regulations relate to a number of environmental policy areas: air quality, environmental noise, infrastructure for spatial information, marine, and water quality.

The powers relate to minor elements of the relevant directives. They do not allow for a general change in their implementation. One example of the type of functions being transferred is the power that the Commission currently has under the directive on environmental noise. This is a power to adopt directly applicable tertiary legislation to amend assessment methods for noise indicators in the light of scientific and technical progress. Under this instrument, the Secretary of State and the devolved Administrations will be able to update the corresponding domestic legislation to reflect the latest scientific and technical noise assessment methods.

While this instrument covers a number of directives and policy areas, it does no more than replicate the provisions in the directives so that UK authorities can exercise the powers member states considered were appropriate to delegate to the Commission. These powers will ensure that our domestic legislation continues to function properly. They are limited in nature and are not the kind of functions for which we would generally in the domestic context require primary legislation. They concern technical detail that would normally be dealt with by secondary legislation. If we had to use primary legislation to make the types of changes that will be possible under this instrument, it would take a disproportionate amount of parliamentary time and make it increasingly difficult for the law to keep pace with scientific and technical change. The powers will be subject to parliamentary scrutiny by way of the negative resolution procedure, which, for the reasons I have just mentioned, I believe is suitable due to the limited technical nature of the powers.

Part 2—Regulations 3 to 15—confers functions relating to five EU directives relating to air quality. These are the directives on emissions of volatile organic compounds—known as VOCs—ambient air quality and cleaner air, industrial emissions, medium combustion plants, and national emissions of certain atmospheric pollutants. These functions include, for example, a power to specify a common format of monitoring data for VOCs, and to specify rules for determining start-up and shut-down periods for the purpose of certain plants covered by the industrial emissions directive.

The powers in Part 2 that relate to VOCs and national emissions of certain atmospheric pollutants are conferred on the Secretary of State. VOCs are a reserved matter. Powers relating to national emissions of certain atmospheric pollutants, on the other hand, are devolved, but in this specific case the devolved Administrations have already agreed to their being transferred to the Secretary of State alone to exercise on behalf of the whole UK, because they concern national, UK-wide obligations. In each case, the Secretary of State can act only after the devolved Administrations give their consent, and the Secretary of State must also have regard to requests from devolved Administrations to make regulations.

For all other devolved matters in Part 2, powers are conferred on the “appropriate authority”. The “appropriate authority” is defined for this part by Regulation 4 and means for England, the Secretary of State; for Wales, the Welsh Ministers; for Scotland, the Scottish Ministers; and for Northern Ireland the Department of Agriculture, Environment and Rural Affairs.

Regulation 14 provides that it is possible for the Secretary of State to make regulations on behalf of one or more devolved Administrations, but only with their agreement. This allows for a common approach and legislation across the UK, providing more certainty for industry and other stakeholders. Regulation 15 provides that the appropriate authority may make regulations under Part 2 only after consulting anyone whose interests appear likely to be substantially affected and any other appropriate persons.

In Part 3 on environmental noise, Regulation 16 transfers limited functions relating only to supplementary noise indicators and assessment methods for noise indicators, which are contained in the EU environmental noise directive. This directive aims to avoid, prevent or reduce the harmful effects of exposure to noise pollution. These functions are conferred on the appropriate authority, defined in the same way as for Part 2.

Part 4 relates to infrastructure of spatial information. Regulations 17 to 22 confer functions under the EU directive, establishing an infrastructure for spatial information, known as the INSPIRE directive. Spatial information refers to specific locations and much environmental information falls into this category. Regulation 18 provides that the Secretary of State is the appropriate authority for England, Wales and Northern Ireland because INSPIRE is devolved only to Scotland, where Scottish Ministers are the appropriate authority. The Secretary of State may also legislate for Scotland if Scottish Ministers consent.

The functions in Regulations 19 to 22 include powers to make provision relating to metadata for spatial data sets and services, and interoperability and harmonisation of spatial data sets and services. These are the technical details of the INSPIRE framework, which the Commission was given power to set out in decisions, rather than in the directive itself.

Part 5 deals with marine strategy. Regulation 23 transfers functions contained in the EU marine strategy framework directive, which aims to protect the marine environment. Part 5 contains powers to lay down specifications and standardised methods to monitor and assess the marine environment, to reflect scientific and technical progress; to specify indicative lists of characteristics, pressures and impacts relevant to marine waters, of,

“characteristics to be taken into account for setting environmental targets”,

and of “requirements for monitoring programmes”; and to specify standardised methods for the application of,

“qualitative descriptors for determining good environmental status”,

of, characteristics, pressures and impacts relevant to marine waters, of

“characteristics to be taken into account for setting environmental targets”,

and of “monitoring programmes”.

Despite covering a mixture of reserved and devolved matters, the devolved Administrations have already agreed that these functions will be conferred on the Secretary of State alone to exercise for the whole of the marine strategy area, as defined in Regulation 3 of the Marine Strategy Regulations. This includes the UK territorial seas, including coastal waters, offshore waters out to the limits of the UK’s renewable energy zone and the sea bed in areas of the UK continental shelf beyond the renewable energy zone.

As with national emissions of certain atmospheric pollutants in Part 2, before making regulations under this part relating to Wales, Scotland and Northern Ireland, or relating to devolved functions, the Secretary of State must obtain the consent of relevant devolved Administrations. The Secretary of State must also consult interested parties including, where appropriate, the Ospar Commission and other international organisations to which we will retain obligations after we leave the EU. The Secretary of State must publish a report on his decision following a consultation. This mirrors the existing approach to consultation relating to the UK’s marine strategy, which is set out in the regulations.

Part 6 covers water quality. Regulations 24 to 46 confer functions contained in eight EU water directives. These directives relate to protection of waters in general—the water framework directive—and the groundwater environmental quality standards, bathing water, drinking water, urban wastewater treatment, nitrates and sewage sludge directives. The functions include powers to set out technical specifications for economic analysis and water-quality monitoring; to specify the procedures for establishing groundwater threshold values, assessing groundwater chemical status and identifying upward trends in groundwater pollutants; to specify the symbols to be used for information on bathing water prohibition and for making provision about the handling of bathing water samples; and to specify reference methods for measuring nitrate levels in water.

The functions are clearly defined and are exercisable in most cases only to adapt the legislation to scientific and technical progress. They are conferred in each case on the appropriate authority, defined by Regulation 25 in the same way as for Part 2. Regulation 25 also provides for the Secretary of State to legislate for devolved Administrations with their consent.

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We need to make sure that, whatever happens with these SIs, and however the Secretary of State exercises his powers in the future, it will be only to deliver a higher level of environmental protection. I hope the Minister will be able to give that guarantee today and I look forward to his response.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Baronesses for their comments on these regulations. I repeat that they create powers that will enable us to adapt our environmental legislation to reflect scientific and technical developments. We believe that they do this in a practical and proportionate way that provides for greater public consultation and parliamentary scrutiny than now occurs in the manner in which the Commission exercises the powers. I therefore say, in great friendship, to the noble Baroness, Lady Young of Old Scone, that whatever our views on the matter, we should all be pleased that in this area and in this particular place we will enable, with consultation and scrutiny—I will elaborate on that—something that is not currently available to us. Candidly, that is because, as regards the decisions that the Commission is taking, member states took the view, practically and proportionally, that these matters did not require the sort of approach that the noble Baronesses are perhaps suggesting would have been more desirable.

None of this work this afternoon is about a regression. I put it on record that it is not. I do not want the noble Baroness to be worried because this work is designed so that she is not. The whole purpose of this instrument is that it does not of itself change substantive policy, which is about having rigour on the environment. It does not change operational delivery, which we all want. It does not impose additional costs on individuals, public organisations or businesses. It is not intended to result in additional environmental impacts compared with the way in which the legislation previously operated. As I say, it is all about keeping within the rigour of what there was before while providing us with a further opportunity.

I should say straightaway that I have a note here on the office for environmental protection, to which the noble Baronesses, Lady Young of Old Scone and Lady Jones of Whitchurch, referred. We are planning for the office for environmental protection to be operational by 1 January 2021. It will be an independent statutory organisation, established by the environment Bill, to provide environmental scrutiny and advice, respond to complaints and take enforcement action. If necessary, we are ready with interim arrangements—all those are in place—which will provide an initial assessment of complaints, scrutiny of the 25-year environment plan and ad hoc advice until the OEP is established.

The environment Bill plots a course to establish a pioneering new system of green governance, improve air quality, restore and enhance nature, improve waste management and resource efficiency, and improve surface water, groundwater and wastewater management. A full list of the remits is still to be finalised but that was a taster of what is a work of great ambition. The Bill will be introduced in the second Session; I am afraid that noble Lords will not find me saying when that might be. There might be quite a lot of noble Lords in the same position, so I cannot say any more about when. However, it is important work and, whoever is looking after these matters, it will be a very interesting time for scrutiny in your Lordships’ House.

I was quite rightly pressed on scientific and technical progress. The Explanatory Memorandum for this instrument explains that the powers will usually be used as a result of scientific and technical progress. This is because, in some cases—for example, in relation to monitoring and reporting standards—changes might be necessary for other reasons, such as having better regulatory measures. We also seek to replicate the provisions in directives, which take different approaches as the EU has considered it appropriate. Where the Commission’s power can be used only to reflect scientific and technical progress, we have carried over that restriction. Pressure for changes as a result of scientific and technical progress most frequently occurs, I understand, on a bottom-up basis: that is, it comes from the scientific and technical community, or the business community. In other words, it tends to come from the very experts who government would need to consult before making legislation. More generally, and where appropriate, we would normally consult experts before making regulations on such technical matters.

All of your Lordships referred to the exercise of powers by negative statutory instruments. As I have tried to explain, these powers essentially relate to technical matters that EU member states have considered it appropriate to delegate to the Commission. These are the kinds of matters of detail for which, in domestic contexts, we would normally use secondary legislation—I think that the noble Baroness, Lady Parminter, alluded to this at the beginning of her remarks—and, generally, the negative resolution procedure. We consider this approach proportionate with the powers that this instrument transfers.

The real point is that we have been desperately keen not to be in a position where we would cause environmental legislation to ossify; I think that everyone would agree with that. When we are furnished with ways in which we can, through technical changes, enhance the environment and do things better, we clearly need to attend to those changes—and do so pretty smartish. Negative statutory instruments go through the JCSI and the SLSC for scrutiny; of course, if alarm bells ring or there is an issue, parliamentarians have ways of drawing matters to Parliament’s attention. I do not see demons in this but one did appear under some future arrangements. There are all sorts of ways in which tenacious Members of both Houses would deal with this.

Soil Health

Lord Gardiner of Kimble Excerpts

Monday 8th July 2019 Lords Chamber

[Baroness Boycott (CB)]

My Lords, I am honoured to be the first person to use the new system. I beg leave to ask the Question standing in my name on the Order Paper.

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

My Lords, I declare my farming interests as set out in the register. Soil is one of our greatest assets; good soil health is essential for food production, biodiversity, carbon storage and flood protection. In April 2018, Defra introduced the farming rules for water, containing measures to prevent soil erosion and improve its management. Defra is funding a range of research, including the Soil Security Programme, which is looking into soil stability, restoration of arable soil quality and understanding and enhancing soil ecosystem services.

[Baroness Boycott]

I thank the noble Lord for his reply. It is very encouraging, but I shall press a little further. Industrial agriculture, which has been the norm for 70 years, damages crucial soil structures through deep ploughing. This reduces natural fertility, which necessitates using an increasing amount of chemicals just to sustain yields. Furthermore, very deep ploughing releases CO_2, which the soil could store naturally. Conservation agriculture, where ploughing is kept to a minimum or stopped altogether, stores carbon while simultaneously limiting or even eliminating the need for chemicals. What steps are the Government taking to support this win-win practice?

[Lord Gardiner of Kimble]

My Lords, this will clearly be a collaborative matter between industry and government. I am very pleased that regenerative agriculture is very much the buzzword among the farming community. The two-day Groundswell conference run by the Cherry family in Hertfordshire shows the energy for reduced or minimum till, herbal leys and winter cropping. All that is an indication of the future and the Government are right behind it.

[Baroness Jones of Whitchurch (Lab)]

My Lords, given the increased evidence of soil degradation in the UK and its importance to the very basics of human existence, why does the Government’s 25-year environment plan not have headline targets for improving soil health with the funding to make it a reality, as recommended by the Natural Capital Committee?

[Lord Gardiner of Kimble]

My Lords, I am very pleased to say that research was commissioned in November 2018 to develop soil monitoring. It is being undertaken by the Centre for Ecology and Hydrology, which will work on healthy soil indicators—included in the 25-year environment plan indicator framework—and a framework for soil monitoring. It is very important that this is done.

[Baroness Parminter (LD)]

My Lords, will the Government’s forthcoming environment Bill commit to improving soil health and have the targets and metrics to deliver this?

[Lord Gardiner of Kimble]

My Lords, as I just said, one of the research projects is undertaking to have indicators and a framework. Good soil health provides a public benefit. It obviously provides a private benefit to farmers and food producers, but it also produces a very considerable benefit for public good. That is why it is important for it to be part of the testing and trials of the environmental land management scheme.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that some of the healthiest soil is that created by a peat bog? Will he pay tribute to those who were alive to the Slowing the Flow at Pickering flood prevention project, part of which was to create a peat bog, which can take up to 200 years to form. Are the Government planning to create more peat bogs as part of the public good, to be announced in due course?

[Lord Gardiner of Kimble]

My Lords, as part of the England Peat Strategy, and the research we are undertaking feeding into it, we are also establishing a lowland agricultural peat task force. The Adaptation Sub-Committee of the Committee on Climate Change has suggested that there is a loss of peat soils, particularly in the East Anglian fens—where there is big production of food—but I also commend Slowing the Flow at Pickering, another example of what we do in restoring the natural ecosystem and managing flooding.

[Lord Carrington (CB)]

My Lords, I declare my interests as a farmer, as set out in the register. As the Minister knows, soil is in private ownership unless the land is publicly owned. Accordingly, the Government need to make protection of the soil a public benefit under the Agriculture Bill for their policies to be successful. That entails management and measurement of the actions introduced to improve the soil and the land concerned. As with the technical solutions on the Northern Irish border, farmers are not aware of any tested measurement tools that would achieve this.

[Lord Gardiner of Kimble]

My Lords, in a number of earlier replies I suggested that work on this is ongoing. A considerable number of farmers across the land are involved in tests and trials, which will be rolled out. In providing public money for public benefits, we need to ensure that they hit the optimum. Obviously, the farmers want the optimum, but in the investment of public money, we also need an optimum in terms of the restoration and enhancement of the environment.

[The Countess of Mar (CB)]

My Lords, the Minister mentioned minimum till in an earlier answer. This frequently involves the extensive use of roundup. Can he tell the House what research is being done on the effects of roundup on the micro-organisms, which are so important to the development of good soil?

[Lord Gardiner of Kimble]

The noble Countess is right that part of min-till or no-till is that glyphosate is required because of the accumulation of weeds. We in the department will always act on the best independent scientific evidence available, and glyphosate is on the market because it is deemed safe.

[Lord Morgan (Lab)]

My Lords, the Minister has not mentioned devolution in this connection. Can he make some observations about its importance for the Government’s plans?

[Lord Gardiner of Kimble]

My Lords, I did not raise it because soil is a devolved matter and it will therefore be for the other Administrations to work on this. All I can say is that soil is an asset of great value across the country. In Defra’s collaborations and discussions with all Ministers from all the Administrations, soil and its health are clearly of national interest—by that, I mean for the United Kingdom.

[Baroness Kramer (LD)]

My Lords, forgive me if this is because of my lack of understanding but when the Minister answered my noble friend Lady Parminter, who questioned whether measures would be included in the Bill, he said a lot of good things about the measures. However, I did not understand whether they were to be in the Bill or not. Can he possibly clarify?

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[Lord Gardiner of Kimble]

The environment Bill has yet to be published while the Agriculture Bill is in the public domain; it is in the other place. In the payment of public money for public goods, we intend to set out clearly what would be required for that money to be received by landowners and farmers to achieve that public benefit.

Wild Animals in Circuses (No. 2) Bill

Lord Gardiner of Kimble Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 3rd July 2019 Grand Committee

[Baroness Jones of Whitchurch (Lab)]

My Lords, as other noble Lords said, it is a shame that the noble Lords concerned were not there at Second Reading, where Members from different Benches raised a number of these issues. I must say, we were very satisfied with the Minister’s answer. We were persuaded that the definition of “circus” would be better dealt with in guidance, and were pleased at his assurance that the guidance will be available before the Bill comes into effect so that circus owners’ responsibilities are absolutely clear in advance. That precisely addressed the issue raised by several noble Lords this afternoon: that if we broaden the definition too much, it includes falconry and county shows, but if we make it too narrow, it imposes a burden on circus owners when managing their circuses. We were persuaded that the definition that has been spelled out here would not be helpful to circus owners in the longer term, so we agreed on this way forward.

The noble Lord mentioned wild animals, which we will come on to when we consider the other amendments. The Bill’s purpose is to deal with wild, not domesticated, animals; we should recognise the difference. On that basis, and with the assurance that I hope the Minister can give us once again, I hope that we can move forward.

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

My Lords, my noble friend’s amendment seeks to introduce a definition of “travelling circus” into the Bill. As has been said, these matters were discussed at Second Reading. My remarks may therefore repeat what I have already said to your Lordships.

We chose not to provide a definition of “circus” in the Bill because we believe that it is better to use its common meaning. We believe that the same principle applies to “travelling circus”. Let me expand on that. We do not believe that a definition is necessary. “Travelling circus” is a commonly used and well-understood term; we do not think that enforcers or the courts will have problems spotting one. In fact, my noble friend Lady Anelay went to the heart of the matter. I think that my noble friend Lord Mancroft may not have envisaged the problem with providing a definition: that it could result in a definition that is too wide and takes in other activities that we do not wish to see banned. Alternatively, it could be drawn too narrowly and provide operators with parameters by which to circumnavigate the ban. A common-understanding approach means that it will always be relevant.

Also, in its pre-legislative scrutiny of the Bill, the EFRA Committee agreed that we do not need to define “circus”. To assist in clarifying what the legislation will cover, we will draw up guidance; the noble Baronesses, Lady Parminter and Lady Jones of Whitchurch, and my noble friend Lady Anelay referred to this. The Scottish Government, who also chose not to define “circus” in their Act, have taken this approach, and we will take a similar one. I can confirm that we will publish guidance to the Bill by 20 November, two months before the ban comes into effect, as I said at Second Reading.

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[Baroness Anelay of St Johns]

My Lords, may I apologise to the noble Baroness, Lady Parminter, who I have misnamed? It is obviously the shock of agreeing with a Liberal Democrat on the record twice in an afternoon. I apologise to her.

[Lord Gardiner of Kimble]

My Lords, it is wonderful to be able to thank the noble and learned Lord, Lord Judge, for his very kind remarks. I cannot promise it will be the beginning of a new order, but it is rather good to celebrate those moments. I say to my noble friend Lord Swinfen that this legislation is to make provision to prohibit use of wild animals in travelling circuses. I do not see a connection with my noble friend’s mother’s kindness in looking after an orphaned bird. I do not think we can extrapolate that from this legislation, which is specifically about travelling circuses. I imagine that my noble friend’s mother did not have a travelling circus.

Returning to my noble friend Lord Mancroft’s amendments to alter the meaning of “wild animal” proposed in the Bill, rather than an animal that,

“is not commonly domesticated in Great Britain”,

the Bill would only prohibit the use of animals, including birds, which had been living wild before being used in a travelling circus. The term “wild animal” is already well established in English legislation and the Government are content that it will cover those wild animals that we believe should no longer be used in a travelling circus.

The noble Baroness, Lady Parminter, and my noble friend Lady Anelay were right in saying that the definition of “wild animal” used in the Bill is based on the definitions in the Zoo Licensing Act 1981, which has served us well, and the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012. Both pieces of legislation require wild animals to be licensed. I should also say that zebras and camels will be subject to an annual licensing inspection under the Dangerous Wild Animals Act 1976. It is worth reminding the Committee that thinking these animals, wherever they have been bred, are somehow like domesticated pets is erroneous.

Consistency between the Bill and the circus licensing regulations is particularly important. We have been clear that the licensing regulations were an interim measure to monitor the welfare of wild animals in travelling circuses while a Bill prohibiting their use was introduced. I think the noble Baroness, Lady Jones of Moulsecoomb, might have said “about time”, but we are now attending to the matter. The licensing regulations are due to expire on 19 January 2020. It is therefore vital that the prohibition in the Bill is enacted by then to ensure those same animals that currently require a licence from Defra can no longer be used in travelling circuses.

These amendments would mean that only animals that had been living in the wild could no longer be used in travelling circuses. Of the 19 wild animals currently under licence to be used in travelling circuses, only one has ever lived in the wild—the fox, which was rescued as a cub. These amendments would therefore allow the other 18 wild animals to continue to be used in travelling circuses, following the expiration of Defra’s current licensing regime, meaning that the monitoring of their welfare alone would be significantly reduced.

Further, these amendments could well see many other wild animals reintroduced into travelling circuses. The majority of wild animals used in circuses around the world are not born in the wild. Many have been bred by circuses themselves over many generations. Training a wild animal needs to begin early in that animal’s life.

These amendments could—again, I do not think that this is my noble friend’s intention—see tigers, lions and elephants return to English circuses, without needing a licence from Defra. We cannot accept that. They would also ensure that animal species we regard as domesticated could be caught by the prohibition. I am not being facetious but I will use a stray dog as an example; where one had been living wild, it would be caught by the definition of “wild animal” in these amendments. It is not the Government’s intention to prohibit the use of dogs in travelling circuses.

It may be helpful if I use this opportunity to clarify what is understood by the term “wild” or “non-domesticated” animal. Even wild animals that have been bred and reared in captivity are still wild animals. When providing evidence to the Scottish Parliament during the passage of the Scottish wild animals in circuses Bill, Dr Dorothy McKeegan, a senior lecturer in animal welfare and ethics at the University of Glasgow, was clear that wild animals in circuses are still wild animals. She said:

“The domestication of animals is not just about captive breeding and sometimes hand rearing but about the behavioural and genetic modification of the animal away from its wild progenitor. That is not going to happen with rearing generation after generation of animals in captivity. These are still wild animals”.


Again, my noble friend Lady Anelay went to the heart of that.

I hope this makes it clear that even when wild animals, including birds, are bred in captivity over several generations they should still be considered “wild”. On that basis, I am not in a position to accept my noble friend’s amendments and I very much hope that he will not press them.

[Lord Mancroft]

My Lords, I have listened carefully to what my noble friend has had to say. The idea that the world outside is waiting for the Bill to fail so that it can reintroduce lions, tigers and elephants to travelling circuses is stretching things a little far. It is perfectly clear that whatever the Committee does today, the world of travelling circuses is fading away at its own rate and will be encouraged to fade a bit faster with the Bill.

[Lord Gardiner of Kimble]

For the sake of the record, I understand that among the considerable number of travelling circuses there are only two which use wild animals. This is not the end of travelling circuses and it is important that I should clarify that, so that no other circus operator should see this as an attack on them and their use of other animals, beyond wild animals.

[Lord Mancroft]

I hear what my noble friend says and would not contradict him for a moment. He knows much more about this than me but I suspect that what has happened with wild animals today will undoubtedly move on to domestic animals in future, because that is the way the world is moving. I suspect, too, that my noble friend Lord Swinfen’s jackdaw can presume that it will not have a circus career when it gets old—it is probably past it by now anyway.

One noble Lord, I forget who, talked about the welfare issues. My noble friend made it perfectly clear at Second Reading was that there were no welfare issues with the 19 wild animals mentioned. Of course, if we take away the fox there are not 19 wild animals but 18 because one of them has not become wild over generations; it is in fact a domestic animal. Zebus are domesticated animals everywhere in the world. I do not know whether they are commonly domesticated in Britain. I suspect that it is a lonely and sole zebu; nevertheless, it is a domestic animal and not a wild animal.

My father used to say that one thing you should always do is to sniff the mood of the House. My sniffing today tells me that my arguments have not attracted overwhelming support in your Lordships’ Committee, so it is probably time that I beg leave to withdraw my amendment.

Wild Animals in Circuses (No. 2) Bill

Lord Gardiner of Kimble Excerpts

Thursday 27th June 2019 Lords Chamber

Tabled by

[Lord Gardiner of Kimble]

That the order of commitment of 19 June be discharged and the bill be committed to a Grand Committee.

[Baroness Stedman-Scott (Con)]

My Lords, in the absence of my noble friend, I beg to move the Motion standing in his name on the Order Paper.

Animal Welfare (Licensing of Activities Involving Animals) (England) (Amendment) Regulations 2019

Lord Gardiner of Kimble Excerpts

Tuesday 25th June 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 13 May be approved.

Relevant document: 52nd Report from the Secondary Legislation Scrutiny Committee

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

My Lords, this statutory instrument establishes a ban on the commercial third-party sale of puppies and kittens under six months of age. After six months, the puppy or kitten is then legally classified as a dog or cat.

Under animal activity licensing regulations brought in last year, it is not permitted for anyone to sell a puppy or kitten under the age of eight weeks. During this time, the animal should be in the care of its mother. After eight weeks, it is safe for them to be brought to a new and caring home. However, commercial third-party sales often take puppies and kittens when they are far too young and raise them in inappropriate environments, which evidence shows is damaging to the animal’s welfare. Third-party sellers drive unscrupulous breeding.

This legislation is the next crucial step in eradicating the abuses of unscrupulous breeding, puppy farming and illegal smuggling. This is a continuing part of the Government’s agenda to increase animal welfare in this country. This ban will give puppies and kittens a better possible start in life.

This issue has been brought into higher profile by committed campaigners and has overwhelming public support. It is popularly known as Lucy’s law as a result of the exceptional effort from the Lucy’s law campaign group, to whom I express appreciation. Lucy was a Cavalier King Charles spaniel who died in 2016 after suffering terrible conditions on a puppy farm in Wales. Her plight inspired the Lucy’s law campaign. Welfare organisations big and small, and members of the public, have supported Lucy’s law. This legislation follows a call for evidence and a public consultation which received over 6,500 responses, of which 96% were supportive.

This ban builds on the new licensing regulations which came into force in October 2018, introducing a range of welfare improvements for dog breeding and pet sales. Defra is also updating the statutory guidance for the activity of selling animals as pets to take account of this ban on third-party sales. The changes to the guidance are intended to assist local authority inspectors and licence holders by outlining how they can determine whether a licence holder bred the puppies themselves and clarifying that non-commercial rehoming does not require a licence. The guidance will outline how to distinguish between legitimate rescue and rehoming operations and those that are a front for unscrupulous breeding. Local authorities will also be required to notify existing licence holders of the change so that they can prepare appropriately. The draft guidance has been shared with the sector and will be finalised before the ban comes into force in April 2020.

This statutory instrument implements the third-party sales ban by making an amendment to the parent regulations, the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018. The commercial sale of pets is already a licensable activity, and the amendment means that licensed pet sellers, including pet shops and dealers, will no longer be able to sell puppies or kittens under the age of six months unless they themselves have bred the animals. The ban will enter into force on 6 April 2020. The additional time before the ban coming into force will allow the sector to prepare. We believe that, if the ban is rushed, it may encourage the abandonment of puppies and their mothers or other unscrupulous activity.

This statutory instrument applies to England only, because the parent regulations apply in England only. Animal welfare is a fully devolved issue, and the respective parts of the United Kingdom have slightly different approaches to the licensing of pet sellers and other animal activities. I understand that, in Wales, a three-month consultation has recently concluded on banning third-party sales. The Welsh Government are now considering the responses. In Northern Ireland, there is support for a similar ban to be introduced, and officials in DAERA are following developments in England closely. Scotland has committed to reform the licensing of sanctuaries, breeders and pet shops and is considering a ban on third-party sales.

Every year, hundreds of thousands of puppies and kittens are purchased or adopted. Unsuspecting families can often be tricked during this trade by unscrupulous dealers who conduct high-volume, low-welfare operations such as puppy farms and sell via commercial sellers.

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Having said that, we of course welcome these regulations and the Minister’s commitment to remain ever vigilant on these issues for the future. As noble Lords have all said, this issue will not be fully solved by the regulations; they are just one step in the process.

[Lord Gardiner of Kimble]

My Lords, we have had an important and absorbing debate on these matters. I think there is a shared recognition across your Lordships’ House that these are valuable and important regulations. They are a crucial step in furthering the protection of puppies and kittens, but I would be the first to say, as I agree with noble Lords, that they must not be seen in isolation. They are part of a continuum and a continuing process.

I was very struck by the remarks of the noble Lord, Lord Clark of Windermere. They were a reminder for all of us who have had dogs and cats in our lives of what we owe them and the pleasure and companionship they provide to us. I have used every opportunity available to me to say that animals should not be fashion statements. They need loving, caring homes. One of the important issues arising from the parent regulations was raised by the noble Lord, Lord Trees, in a debate some days ago. We should not breed animals from those that have disabilities or disadvantages that mean they cannot have fulfilling lives. That goes particularly for some breeds of cats and dogs. I am very struck by what the noble Lord said.

I also agree with the noble Baroness, Lady Jones of Whitchurch, that all of us—and by that I mean the whole community—need to be alert and vigilant. Yes, the Government and the local authorities have a responsibility, but people seeking to bring animals into their homes also need to feel a sense of responsibility.

I will seek to answer, in no particular order, as many of the questions as possible. For those that are slightly more intricate, I will of course write.

The noble Lord, Lord Clark of Windermere, opened his contribution by talking about the responsible sourcing publicity campaign, and I particularly want to reassure the noble Baroness, Lady Bakewell of Hardington Mandeville, that this comprehensive campaign is designed to be a pre-Christmas communication. It is a vital time when families sometimes need to be much clearer that, as we all know, a puppy is for life and is not a statement for Christmas Day to amuse people. A puppy is a responsibility, and people should source their animals, whether puppies or kittens, from responsible breeders and be responsible themselves. The campaign we are launching is therefore aimed precisely at the public to encourage people to have a responsible sourcing mindset. This will ensure that people have no excuse for not knowing where to go to buy a pet. Currently, the best place to source a pet is through one of the nation’s many legitimate rescue and rehoming organisations or, specifically, a licensed breeder.

This leads me on to an issue raised by my noble friend Lady Byford, the noble Lord, Lord Clark of Windermere, and the noble Baronesses, Lady Jones of Whitchurch and Lady Bakewell of Hardington Mandeville. I refer to the rescue and rehoming sector. As we all know, legitimate rescue homes do incredible work rescuing and rehoming thousands of sick, abandoned and stray animals each year. It has been my privilege to visit Mayhew rehoming centre, Battersea Dogs & Cats Home, Dogs Trust, and Cats Protection, to name a few. I have seen at first hand their commitment to rehoming. It is fundamental that the quality of welfare provided at these rescue organisations is consistent, and I underline “consistent.” Noble Lords and animal welfare groups have expressed concerns about unscrupulous breeders reinventing themselves as rescue centres. We need to be confident of the benefits and the impacts of any regulations placed on the sector, particularly on some of the smaller rescue and rehoming charities, which is why we are actively exploring these issues with all organisations involved. In the meantime—this point is for the noble Baroness, Lady Bakewell, in particular—we have updated the statutory guidance to make clear that those who rehome in the course of running a business are subject to the ban.

My noble friend Lady Byford mentioned commercial sellers. In the guidance to local authorities, there is advice on how to differentiate between commercial breeders and one-off sales. As I said, the guidance is being updated following the statutory instrument.

My noble friend Lady Byford and other noble Lords raised the issue of enforcement. Local authorities lead on implementing and enforcing animal licensing controls and have the power to charge a licence fee that factors in the reasonable costs of enforcement associated with a licensable activity. Defra works closely with local authorities, and the City of London leads on training of local authorities and inspectors.

Perhaps I could have a conversation with the noble Countess, Lady Mar, outside the Chamber about the specific points she raised, but training is clearly essential. This is why we have ensured that the parent regulations reflect the importance of training courses for inspectors. As well as attendance at one of the specialist courses, “suitably qualified” also covers experienced inspectors with prior experience of working as local authority welfare inspectors. The cost of training inspectors can be recovered by the local authorities through the full cost recovery provisions in the parent statutory instrument. As I said, there is ongoing training. I do not have the figures, but I know that this is also work very much in hand. Clearly, we need to have sufficient suitably qualified inspectors. We are raising the bar because we do not resile from the fact that we need to ensure that, when people inspect premises, they know what to look for. That is imperative.

The noble Lord, Lord Trees, asked whether you need two licences to breed and sell puppies. No, the individual who breeds dogs and sells puppies will require only a dog breeding licence, which covers sales as well as breeding.

My noble friend the Duke of Montrose asked about working dogs. Under this legislation, working dogs would be allowed to be sold by licensed third parties if the animals are over six months old. This is precisely the point of the statutory instrument: puppies and kittens should no more be sold other than by licensed breeders, with the security of knowing about the mother and so forth. If the puppy is under six months old, the sale would be prohibited. The breeder themselves, of course, would be able to sell the puppies.

A number of noble Lords, including the noble Lords, Lord Clark and Lord Trees, and the noble Baronesses, Lady Bakewell and Lady Jones, raised the issue of online sales. Under the licensing arrangements brought in last year, online adverts now have to include a licence number and a picture of the animal in the environment in which it is reared. As I think we have discussed before, we are also continuing to work with the Pet Advertising Advisory Group to improve online advertising standards.

The noble Lord, Lord Trees, and the noble Baroness, Lady Jones of Whitchurch, referred in particular to puppy smuggling. This country has one of the toughest pet border regimes in the world. Every pet dog travelling to Great Britain on approved routes has its microchip and passport checked to confirm it is properly vaccinated and is old enough to travel. We clearly now have an opportunity to look at how we can further strengthen our controls to crack down on animal traffickers and put a stop to an abhorrent and illegal trade. We need to work to deter illegal puppy traders by buying puppies only from reputable breeders, seeing the young animal with its mother and checking its health history.

Defra wishes to tackle this matter comprehensively. For instance, we are working closely with the Dogs Trust to continue the work of the Dover puppy pilot. We regularly review our activities at the border to ensure our enforcement work aligns with the threat posed by what is, I am afraid, an evolving trade. Those involved in this trafficking are often involved in other criminal activity. I hate to say it, but we need to be much more in tune and understand that these criminals will move from one trade to another. We are increasing resources for detecting smuggled puppies, and have done so by one-third at major UK ports since 2017. We have also increased our intelligence capability by launching a new dog importation intelligence steering group, co-ordinated by the Animal and Plant Health Agency. It consists of national enforcement agencies such as HMRC, the police and the RSPCA, who form a collaborative partnership to disrupt puppy smuggling. We are also considering stricter penalties for those caught smuggling. Seeing the prosecutions, the fines and the imprisonments, I think that this is the direction of travel needed to ensure that animals are safeguarded from these unscrupulous people.

Responding to be a point raised by my noble friend Lord Lexden and the noble Baroness, Lady Bakewell, I fully accept that we committed to introducing the legislation necessary to increase the maximum penalty for animal cruelty from six months’ to five years’ imprisonment. We are working at the highest level to ensure that the legislation needed to make this change is introduced at the earliest opportunity. I know that I have not given a date or a time, but I assure noble Lords that my department is fully seized of the need for this. Sometimes one cannot get as much done as one would like, but we are stressing the importance of this.

My noble friend Lady Byford raised the point about a non-supportive sample; in fact, it was a very considerable supportive sample, probably much more than for most proposals. There may have been some concern not about the regulations themselves but, as we have discussed, about unscrupulous rescue centres and unintended consequences. We must be alive to that, be pro-active to ensure that we are constantly snuffing these matters out, and develop and evolve policy as required. Sometimes one would like to do these things sooner, but this needed the consultation because we needed to ensure that there were no unintended consequences. None of us would have done a good day’s work if we had brought this in immediately and not got pet dealers well versed in the importance of this, to ensure that there were no adverse consequences to kittens, puppies and mothers in the interregnum.

I assure all noble Lords who have spoken in this debate that we will have a comprehensive communications strategy before Christmas. I am sure that my private office team are listening. The campaign we are going to unfold will be put to your Lordships very clearly, so that our good faith in it is held mutually and not just within Defra. In the meantime, I commend the regulations to the House.

Motion agreed.