Environment: 25-year Plan

Lord Gardiner of Kimble Excerpts

Monday 29th January 2018 Lords Chamber

[Lord Gardiner of Kimble (Con)]

My Lords, this has been a totally absorbing and wide-ranging debate. We all have a shared purpose. Your Lordships’ experiences have given me much food for thought and—I say to the noble Lord, Lord Teverson—encouragement. On the question of “Thank you, but”, noble Lords have also used the terms, “important”, “laudable”, “admirable” “welcome”, “coherent”, “promising”, “refreshing”, “good read” and “right terms”. I think that means the receive button is on across this House on something that we all want to ensure is implemented. Some noble Lords have been very generous about the current ministerial teams and so forth but I think this matter has captured the national mood as well. I will say more about this later. As we work day in and day out, year in and year out towards this 25-year plan, as endorsed by the Natural Capital Committee in 2015—and in the scheme of things 25 years is not that long—I feel strongly, although I accept that this will be interpreted as an excuse, that this plan is the better for the time that it has taken and the rigour that is now in it, with a range of action points that we wish to take forward.

I want to clear up immediately something that was in my opening remarks for the noble Baroness, Lady Bakewell of Hardington Mandeville. Clearly it is important, indeed essential, that we work collaboratively with all parts of the UK. Because of devolution this plan legally refers to England, but it is essential that we work not only collaboratively within the UK, as I explained, but with our partners because many of the issues that affect us, such as water, air and disease, come from our neighbours and vice versa. It is imperative that we work internationally and for the interests of both land and sea.

Your Lordships also recognised the importance of setting ambitious targets against which we can measure our performance to drive success. This is why the plan sets out clear goals for the environment in every area, a number of which I set out in my opening remarks.

It was interesting to hear the noble Lord, Lord Hunt of Chesterton, talking about clean energy at home and overseas. The Government are now investing nearly £1.5 billion to position the UK at the global forefront of ultra-low emission vehicles development, manufacture and use, so that we can transition away from petrol and diesel cars, which will no longer be sold by 2040—although I was mindful of some points made by the noble Lord, Lord Oxburgh, on the matter.

The noble Baroness, Lady Jones of Whitchurch, is right to be sceptical, because it is her responsibility to keep the Government’s feet to the fire, but the comprehensive clean air strategy will set out further steps to tackle what we all know: the issue in many of our towns and cities must be addressed as soon as we possibly can. That is why it is important that last week, with consent across the House, we went further than required by the EU directive to tackle some of the most polluting generators. The reduction of those emissions will take us a significant way to achieving our 2030 air quality targets, but there is more work to be done.

I want to go to the heart of what so many of your Lordships spoke about on metrics and an independent body. The noble Lord, Lord Krebs, raised that, as did those on the Front Benches, the noble Lords, Lord Judd, Lord Teverson and Lord Redesdale, and the noble Baroness, Lady Miller of Chilthorne Domer. It is very important that we do not set these metrics in isolation and that they are consulted on. By definition, a statutory body requires legislation. I will be very straightforward and say that consultation on the precise vehicle by which that manifests itself is yet to be determined, but clearly it needs a statutory footing. The role of the statutory body will be designed through the consultation, and I very much look forward to your Lordships participating in a rigorous response to that consultation, because we expect and want it to have a strong role in holding the Government to account on the achievement of the metrics.

On the issue of research and evidence raised by the noble Lord, Lord Krebs, yes, of course we want to work collaboratively and in partnership with the scientific community. That is essential. All that we do is based on the best scientific evidence available. However, being a country person, I must also agree with my noble friend Lord Cathcart that it is very important in that blend to have the practical knowledge of the grass roots in the countryside playing its part in the essential management of the countryside.

Meeting the targets we set ourselves requires that we take co-ordinated action across all the areas in which we traditionally work. We need to embrace innovation and take the unique opportunity for change now before us. My noble friend Lord Ridley referred to innovation. I was struck by this on a day’s visit to Harper Adams. The wider adoption of precision farming, moving away from hydrocarbon to zero-emission vehicles and working with nature but, to use my noble friend’s words, working forward with nature is also tremendously important.

It is with some embarrassment that I say to the noble Baroness, Lady Miller of Chilthorne Domer, that I know the Cherry family in Hertfordshire very well indeed, and I know what it is doing with the Groundswell meetings and the large number of farmers coming to the conferences it holds on min and no-till, and the advantages it has. I must say that when I looked at it for my very heavy clay soil in the Vale of Aylesbury, I found that it is not necessarily as straightforward in different soil structures, but the advances made in carbon capture and increase in soil fertility are something that we should all think about.

The noble Baroness, Lady Featherstone, also raised soil health. The plan sets out our intention to improve soil health, including the development of meaningful metrics which will allow us to develop cost-effective and innovative ways to monitor soil. We will develop a land management scheme with minimum bureaucracy that provides flexibility. I was struck by the words of my noble friend Lady Byford: this needs to be flexible. We also need to move towards a more effective application of the “polluter pays” principle, which the noble Lord, Lord Teverson, mentioned.

As so many noble Lords mentioned, it is essential that we work with farmers, land managers and others to consider the role of the new environmental land management scheme. I was very struck by the noble Lord, Lord Cameron of Dillington, saying that he remembered this from his earlier times and at last it is coming to fruition. The proposals in the Command Paper later this spring, to be followed by an agriculture Bill, will be a very important feature of our work.

As my noble friend Lord Cathcart also said, we need to see how this will all work in practice. Most of us farmers want to feel that what we are doing enhances the environment. From my many meetings with farmers and discussing this with people whom I know very well, we all want to know how we should do this: what is the best way to achieve public support for the public good for the nation? I have also been struck during my visits by the commitment of farmers and land managers whether to pollinator-friendly cropping or to other measures to help insects and birds. All around the country, many landowners and farmers have been doing that for generations.

We also need to work with foresters and other land managers to maximise the many benefits obtained from our woodlands. I have always enjoyed my meetings with the noble Baroness, Lady Young of Old Scone, because we feel very strongly about ancient woodland and the glories of those wonderful trees, but also the importance of helping landowners to plant trees on, say, their marginal land, and to encourage agroforestry. It is like houses: building houses in the right place is like planting trees in the right places. As has been said, all this activity will be supported by a newly appointed national tree champion to drive the step change in tree planting that we need, including the delivery of 1 million urban trees.

I so agree with what my noble friend Lord Framlingham said about urban trees and the enhancement and pleasure that they give. I do not mind which complexion they may have, but local authorities chopping down trees—in my view, entirely unnecessarily—need to think about their environment and the vandalism in some of our towns and cities, when we should be planting more trees to make them more beautiful. Our pledge is also for a further 11 million trees elsewhere. Although your Lordships have spoken about woodland, farming and the countryside, I absolutely agree with what the noble Lords, Lord Judd and Lord Greaves, and the noble Baroness, Lady Jones of Whitchurch, said. We must address the challenge of living in a contemporary way in our towns and cities.

I was also struck by what the noble Lord, Lord Judd, said—here perhaps I have to refer to the countryside again—about light pollution. Dark skies are an essential glory of our national parks. We should also think about noise. The work that we are doing on low-emission vehicles and the reduction in noise means that we could be one of the last generations to endure some noisy vehicles. We must ensure that the needs of our growing population are met without harming the natural environment. I agree that that will be a challenge. That is why investment in clean innovation, zero-emission vehicles and measures to tackle local air pollution where the situation is so grave are vital.

We will restore and protect peatlands. They are one of the extraordinary glories of our landscape. That will include the uplands, and we will make £10 million funding available from April for a peatland grant scheme and publish the English peat strategy this year.

On the northern forest stretching along the M62 corridor from Liverpool to Hull, I will have to write to the noble Lord, Lord Greaves, on the precise boundaries, but my understanding of geography is that that would take in a whole swathe of countryside from Liverpool to Hull. But I shall come back to him on that matter.

The plan also sets the actions that we will take to recover nature, not just preserving our existing wildlife and environmental heritage but improving it. The point was made by a number of noble Lords on net gain. Clearly, we need to work closely with the MHCLG in its work in revising the national planning policy framework. We will consult on whether requirements for net gain for biodiversity should be mandated; we shall also expand the net gain approach to include wider natural capital to deliver benefits such as flood protection, recreation and improved water quality. All of this is very important, and I am very keen, in development, that while we ensure that we have more houses—we must ensure that people have affordable homes and that there are homes for people, whether in villages, cities or brownfield sites—we look at this within the prism of net gain for the environment as well.

Restoring nature means protecting it from risks. My noble friend Lord Framlingham raised this issue. We have had ash dieback more quickly than we should have done because of what we did and should not have done, but its natural spread means it is now reaching into many counties of England, having come across the channel. We need to increase awareness of biosecurity threats at the border and maintain an alert system to detect high-priority invasive non-native species and implement contingency plans to eradicate them as rapidly as possible, wherever that is feasible. So far, with the Asian hornet, we have been able to accomplish that. We shall work with industry to drive improvement in animal health and publish a tree health resilience plan this year.

We are blessed with the most glorious and varied landscapes. For me, it is the countryside where my soul soars. I agree that we should care for it for its own sake, but I particularly mention the national parks and AONBs, for which I am responsible, and the promise of a Hobhouse review for the 21st century, considering designations and how designated areas deliver their responsibilities and whether there is scope for expansion. The Government will work with the national park authorities, AONB partnerships and conservation boards to deliver environmental enhancement. Of course, bearing what my noble friend Lord Cathcart said in mind, that means working very closely with farmers in securing these objectives.

We will act to improve our management of nature and how we engage with it; we also appreciate that many of the activities that have been part of our modern lives have a negative impact on the environment. We will regulate to secure improvements where necessary. We need to recognise better the ever-growing importance of opportunities provided by the circular economy, and we will build on the progress of the plastic bag charge, which has already reduced the use of carrier bags by 83%. It is very important that we work in that regard, as we have done with our national litter strategy, whereby we called for evidence on measures to reduce littering of drink containers and promoting recycling. I say to the right reverend Prelate the Bishop of Salisbury that, with all the strategies alongside the environment plan, the call for evidence on the cost benefits and impacts of reward and return schemes is the first step in considering these very important options. I also acknowledge the tireless commitment by my noble friend Lord Marlesford on addressing littering.

These actions will transform our environment for the better. That will be co-ordinated, first, with local activity. My noble friend Lord Selborne mentioned widespread ownership, and I so agree with that. The point about the farm clusters mentioned by many of my noble friends is hugely important, and we will make best use of existing local nature partnerships. We will continue public investment in the environment; as well as taking steps to ensure public sector investment, we will stimulate innovation through a new natural environment impact fund.

On our international commitments, I have to say to the noble Baroness, Lady Scott of Needham Market, that we have no intention at all of weakening our current environmental protections. Indeed, we are in the business of strengthening them. The UK has a long environmental protection history, and we are signatories to many international agreements. I hope that the noble Baroness will forgive me, but the list is long. I shall write to noble Lords because there have been so many questions, but I shall also of course write about which agreements we are members of in our own right.

I said in my opening speech that we would report on progress and hold ourselves to account. Defra will report regularly on performance against goals to ensure that the plan remains responsive to changing times. We shall refresh it at least every five years, revisiting the policies within it. The independent body on which we will consult early this year will have a key role in monitoring our delivery. That is obviously something for consultation.

In the very short time I have, I want to say that I was very struck by what the noble and right reverend Lord, Lord Chartres, said, in referring to “Blue Planet II”, but also the importance of change. We all have to change. With what we are seeing on plastics, with businesses starting to act, and on our environment, wherever we live, in town or country, on land or at sea, I believe that the actions of this plan and their advancement will make a huge difference. I agree with the noble Baroness, Lady Featherstone, that we need to quicken the pace of change; that is very important. The Government recognise their responsibility. This plan, protecting and enhancing for the next 25 years, alongside many other strategies, sets a clear direction for food production in harmony with the environment; economic growth in a circular and clean economy; vibrant biodiversity; the wise use of resources; a better environment wherever we live; and an awareness of how essential the environment is.

I am sorry, but there is so much in this plan. I very much hope that we will continue the dialogue, and I know that your Lordships will, quite rightly, keep the pressure up—and I shall look forward to it. As I see this, it is an honest endeavour, and we cannot fail in it. If we are to pledge as a Government and a country to leave our country in a better state than the one in which we found it, which is a very traditional as well as a contemporary aspiration, it is essential that we all engage and use all our energies to make this a successful plan. I realise that there may be scepticism. It is a lot of words, but there is a lot of action that we must all take, too.

Motion agreed.

Environmental Permitting (England and Wales) (Amendment) Regulations 2018

Lord Gardiner of Kimble Excerpts

Monday 22nd January 2018 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 11 December 2017 be approved.

Relevant document: 15th 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, I am pleased to introduce these regulations. Air pollution is the biggest environmental risk to public health in the UK. Air quality overall has improved significantly in recent decades. Emissions have decreased across each of the five key air pollutants—sulphur dioxide, particulate matter, nitrogen oxides, volatile organic compounds and ammonia. We need to ensure that these improvements continue through concerted action by government and local authorities in collaboration with others.

In some parts of our country there are unacceptable levels of air pollution. The Government are committed to tackling this and improving air quality, and are working to make sure that concentrations of nitrogen dioxide come within statutory limits. We are also looking to reduce total emissions of air pollution through legally binding targets for 2020 and 2030. On a local level, authorities across the country are developing local plans to tackle air pollution. The measures they bring forward—including, potentially, clean air zones—will include encouraging the replacement of old, polluting vehicles with modern, cleaner technologies. It is also important that we look to encourage the replacement of the most polluting forms of energy production.

The regulations before your Lordships relate to medium combustion plants and generators. These are a largely unregulated, significant source of emissions of air pollutants. For example, emissions of nitrogen oxides from diesel generators are on average more than six times higher than emissions from gas engines.

These regulations will implement the medium combustion plant directive, in adherence to our membership of the EU. Emissions from small-scale, highly polluting generators have also caused concern. The Government are looking to take robust action to tackle this source of emissions by introducing further domestic measures that impose additional emission controls on these generators.

These regulations are highlighted in the 25-year environment plan, launched earlier this month. They will encourage a shift to cleaner technologies and will assist in meeting the requirements of the ambient air quality directive and the revised national emission ceilings directive. Subject to your Lordships’ consent, they will make a valuable contribution to improving air quality, thereby protecting human health and the environment.

Emissions from plants over 50 thermal megawatts are already regulated under the industrial emissions directive. These regulations bring into scope medium combustion plants, which are in the 1 to 50 thermal megawatt range and are used to generate heat for large buildings such as offices, hotels, hospitals and prisons. They are also used in industrial processes, as well as for power generation. Implementing the medium combustion plant directive, commonly referred to as the MCPD, will help to reduce air pollution by introducing emission controls for these combustion plants.

As well as transposing the requirements of the MCPD, these regulations will impose new domestic requirements on the operators of low-cost, small-scale flexible power generators. There has been a rapid growth in the use of this type of generator in this country in the last few years. The recent growth of mainly diesel generators is a cause for concern. These generators emit high levels of pollutants such as nitrogen oxides compared to other medium combustion plants, and they are not currently subject to emission controls. This growth has a negative impact on local air quality as well as on our ability to meet future emission reduction targets on a national scale.

The MCPD requirements are not sufficient in themselves to tackle emissions from the increased use of these generators. The proposed regulations will subject generators to permitting and a nitrogen oxides emission limit. As a result, the regulations will ensure that diesel generators reduce their emissions to the same level as gas generators.

These regulations will provide an estimated 43% of the sulphur dioxide emissions reduction, 9% of the reduction for particulate matter and 22% of the nitrogen oxides emissions reduction needed to meet our 2030 targets. They are supported by organisations including the British Heart Foundation, the British Lung Foundation and the Royal College of Physicians. The regulations will encourage the use of cleaner plants and generators and will require those which pollute more to have technology fitted to bring their emissions within the specified limits.

Clean air is one of the most basic requirements of a healthy environment for us all to live, work, and bring up families. Clearly there is a strong case for action and we have a clear ambition and policy agenda to achieve this. These regulations will make a real impact and are a further demonstration of our commitment to improve air quality in this country. I beg to move.

[Lord Jones (Lab)]

My Lords, as ever, the Minister has made helpful and succinct introductory remarks to this statutory instrument, for which I thank him. Can he confirm that recently there have been changes at the top of the natural resources body for Wales? Is there a new director and a new chair? Are there any details he can give, either now or at a later date, about the principles of the chair and the director of that body in Wales? What is the extent of the contact and co-operation between the Environment Agency and Natural Resources Wales, bearing in mind that we now have devolved government operating in Cardiff? Can he say what his department’s experience is of dealing with our Government in Cardiff?

--- Later in debate ---

I note that my noble friend Lord Jones asked questions in relation to Wales. Meanwhile, I confirm approval for the regulations.

[Lord Gardiner of Kimble]

My Lords, I am most grateful for the general endorsement of these very important regulations to ensure that we and future generations have better air quality in this country. On that basis, I take great encouragement from our unity of purpose.

The noble Lord, Lord Jones, mentioned Wales. I will need to write to him with the details on the personnel there, but in England the regulator will be the Environment Agency and in Wales it will be Natural Resources Wales. However, we have worked very closely on the development of the regulations. They have been worked on in conjunction with the Welsh Government and NRW so that this is a composite statutory instrument—indeed, the regulation will be debated in the Welsh Assembly tomorrow. It is an example of how collaboration between England and Wales is very strong in areas such as this. Scotland is already working on its measures, as is Northern Ireland. So as a United Kingdom we will be working on including these measures in legislation.

More than 23,000 new and existing plants will come within scope of these regulations by 2030. We are strongly of the view that positive environmental outcomes will come through regulation. As the noble Lord, Lord Grantchester, said, we will tackle the greater polluters first so that we gain the biggest dividend and the public health benefit is profound. I agree with your Lordships that there is more to do. These measures are in the context of the £3.5 billion of investment in air quality, investment in cleaner transport and the new clean air strategy, which we will bring forward this year. I say in direct reply to the noble Lord, Lord Grantchester, that the clean air strategy, the 25-year environment plan, the regulations which come in through the EU directive and our own domestic regulations are all designed to be co-ordinated to improve air quality and the environment, and they should be seen in that context.

In response to a very important point made by the noble Baroness, Lady Bakewell, we clearly want to advance air quality. However, we also need to ensure, in emergencies—I am well aware of what happened on the Somerset levels—the use of pumps across the country where difficulties are presented by flooding, as we saw with the use of emergency pumps over the weekend in north Devon, for instance. We do not intend that onsite emergency pumps are in the scope of these regulations. In fact, mobile generators are also not in scope, unless they are connected to an electricity transmission system or are performing a function that could be performed by a generator that is not mobile. In other words, I hope that these regulations are about common sense prevailing. In emergencies, of course we want to ensure that generators can be used. The overriding task of us all is to be using advances in cleaner technology but not, of course, stopping the use of current pumps for emergency purposes: I want to record that.

The noble Lord, Lord Grantchester, and the noble Baroness, Lady Bakewell, referred to flooding. I should perhaps put this into context. Enforcement undertakings are currently unavailable for flood risk activities. In order to ensure consistency across environmental permitting schemes, we are proposing to revoke Paragraph 1(2) of Schedule 26 of the EPRs so that enforcement undertakings will become available for offences relating to flood risk activities in England only. This was an opportunity to use that but I emphasise what the noble Baroness, Lady Bakewell, said about flooding and the use of emergency pumps: this was not the intention; it was making use of an opportunity.

The noble Lord, Lord Grantchester, mentioned the environment enforcement body in his closing remarks. We will be issuing a consultation later this year on the scope of an environmental enforcement body which, of course, the Secretary of State has already announced. There is a governance gap that we need to address and that will be the subject of consultation. We are also consulting on environmental status principles. It is very important to register that.

The noble Lord, Lord Grantchester, also mentioned the monitoring of emissions, which is very important. There are some interesting details on the considerable emissions reductions there have been since 1970—and, indeed, since 2010—but I entirely recognise that we need to do more. Air quality data is already published in UK-AIR. The regulations provide that the regulator can consult the public if there is concern regarding local air quality. On the strategy, I mentioned the reduction in the elements of air pollution that the regulations will include; that too is very important. I will write to noble Lords on any further detailed points that need addressing.

These are important regulations that will set us well on track not only through the EU directive but through our domestic arrangements. They are a force for good for the environment, and undoubtedly for the health of everyone in this country. I beg to move.

Motion agreed.

Water Abstraction Regulations

Lord Gardiner of Kimble Excerpts

Monday 15th January 2018 Lords Chamber

I say to the Minister that I greatly enjoyed being a Minister in Defra. I would not enjoy it now or in the next few months—and years. I hope, however, he will be able to assure me that I am wrong, that Defra does have the capacity and if it does not have it now, the Treasury will be generous in providing it, and that as soon as practicable it will be going back to the issue of holistic reform of the abstraction system. If I get that from the Minister tonight, I will go home happy.

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

My Lords, first, I declare my farming interests, although I rather think that in the Vale of Aylesbury we have never needed a water abstraction licence or otherwise. I acknowledge the vigour with which the noble Baroness, Lady Jones of Whitchurch, set out her concerns, and I value the contributions from noble Lords across the House. I agree with the noble Baroness, Lady Bakewell of Hardington Mandeville, that water is one of our essential natural resources. Our ambition for clean and plentiful water for both the environment and people is a key goal of the Government’s 25-year environment plan. I say to my noble friend Lady McIntosh that with 75% of the land in this country farmed, surely it is the case that farming and an enhancement of the environment are mutually compatible. That is how we see the way forward.

It is the Environment Agency’s task to ensure that water is managed and used effectively and sustainably. Managing water abstraction is particularly important in times of dry weather to manage the impacts of drought. The abstraction licensing system is one of the agency’s key tools to manage water resources and to secure the amount of water available for businesses and the environment.

The vast majority of abstraction has been licensed since the 1960s. This has meant that about 20,000 significant abstractions and those with the most potential to damage the environment were already licensed. This includes abstractions used by the water companies, industry, the energy sector and most of the agriculture sector. We are therefore largely compliant with the water framework directive requirements regarding prior control of abstractions. The noble Baroness, Lady Bakewell, rightly spoke of sustainability. Since 2008, the Environment Agency has changed more than 270 of these abstraction licences to prevent more than 30 billion litres of water per year being removed from the environment where this abstraction is unsustainable.

Through the statutory instruments we are discussing, we are commencing and implementing some provisions in the Water Act 2003 to remove abstraction licence exemptions for some further activities. Hearing the Minister and the shadow Minister who dealt with the Water Act 2003 speaking about it as if it was yesterday shows the great importance of hearing the experiences of those times, as well as why your Lordships’ House is an important place. The work that we are undertaking now will ensure that we more fully capture all significant abstraction in the licensing regime. This will mean about 5,000 comparably less damaging abstractors will be licensed. I was interested in what the noble Lord, Lord Whitty, said about the issues that came up in 2003 about mines, quarries and agriculture, highlighting the importance of proper deliberation on these matters.

I accept that we and previous Governments—I can say this because the previous Governments are represented here—could have made a more expeditious advance on these instruments. I am sure the noble Baroness, Lady Jones, will not mind me referring again to this—I think it was already referred to—but it was the Labour Government who, during that seven-year period after 2003, had their initial consultation only in 2009. But I will not dwell on that because I should take this opportunity to explain some of the reasons why it has taken some time to complete this complex legislation. The noble Lord, Lord Whitty, indicated some of these issues.

These changes are part of an evolution of complex water abstraction legislation, stretching back to the 1960s, which affect existing lawful entitlements. Bringing them into regulation while avoiding disproportionate and unnecessary business impacts needed careful implementation. I say to your Lordships that central to all this is ensuring the wise use of water—that we regulate only where it is necessary for environmental protection or enhancement—and being equitable to all abstractors. We did not want to find ourselves in a situation where we were unnecessarily regulating businesses that contributed strongly to the economy of our country, but which could then not function because they did not have access to the water they needed.

To begin with, we had insufficient knowledge about these abstractions because they were not regulated. Different sectors had varied concerns. We worked with each sector on an individual basis to develop a policy that met our primary requirements for the protection of the environment, through a fair abstraction licensing regime, while allowing these businesses time to adapt and continue. My noble friend Lady Byford, with her considerable experience on these matters, will identify that the sectors affected ranged from navigation authorities such as the Canal & River Trust to farmers using trickle irrigators and the mineral industry, which removes groundwater from mines, quarries and large engineering works so as to extract minerals safely without groundwater seeping into its works. The Government have also made changes to the internal drainage boards that will benefit them. The work we have done with them has borne fruit and is very helpful.

The instruments bring these sectors and others into the abstraction licensing regime, which will allow the Environment Agency to manage all the water in a catchment. It is important that we look at these things on a catchment basis. The first cycle of river management plans required by the water framework directive were published in 2009. This is what showed us that we needed to know more about the exempt activities and how they contributed to overall abstraction pressures. We did research to identify the numbers and locations of these activities, consideration of how the policy proposals impacted on businesses and the environment, and further economic appraisal of the policy changes that arose following the initial consultation in 2009.

A key policy change was the Government’s initiative in relation to dealing with cases of serious environmental damage caused by abstraction. This required consultation in 2012 and the development of new guidance to facilitate the changes. We then included a commitment in the 2015 river basin management plans to remove the exemptions and we consulted further in 2016. To ensure that the final approach was proportionate, time was also required to develop the policy and legislation to allow abstraction exemptions to continue for numerous low-risk activities. For example, provisions in these instruments continue abstraction exemptions for small-scale temporary construction works. Had we introduced the legislation without making this exemption, there would have been substantial business impacts on the construction sector. We estimate that 20,000 of its abstractions per year would have had to be licensed, without benefit—I emphasise, without benefit—to the environment.

My noble friend Lady McIntosh and the noble Lord, Lord Whitty, referred to further plans. Removing abstraction licence exemptions is indeed only part of the story, so I hope that I might enable the noble Lord to return home with a certain amount of cheer. The Government recently published their updated approach to managing water resources. This abstraction plan explains how we will implement reform of the abstraction licensing system over the coming years. The plan outlines three main approaches. We intend to make full use of existing regulatory powers and methodologies to address abstraction that prevents us meeting environmental objectives; we will develop a stronger catchment focus to protect the environment and improve people’s access to water; we will also digitise and move the abstraction service online, and bring regulations in line with other environmental permitting regimes.

I hope noble Lords will be reassured that the Government are taking action to improve the abstraction licensing system and wanted to take the right time to get the balance right between avoiding unnecessary regulation and ensuring environmental protection. I emphasise to the noble Baroness, Lady Jones of Whitchurch, that the top priority is environmental protection.

Fisheries: London Convention—Withdrawal

Lord Gardiner of Kimble Excerpts

Thursday 11th January 2018 Lords Chamber

[Lord Hannay of Chiswick]

To ask Her Majesty’s Government under what authority they notified on 3 July 2017 the United Kingdom’s decision to withdraw from the London Fisheries Convention of 1962; and what account they took of the provisions of the Fishery Limits Act 1964 and of European Union Regulation 2371/2002 before making that decision.

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

My Lords, the London Fisheries Convention provides access to fish in UK territorial waters from six to 12 nautical miles. Similar provisions appear in the common fisheries policy. Article 15 of the convention permits parties to withdraw with two years’ notice. The UK gave notice on 3 July 2017, using prerogative powers. Before making this decision, we considered all relevant legislation, including the 2013 regulation that replaced the 2002 regulation and the 1976 Act that replaced the 1964 Act.

[Lord Hannay of Chiswick (CB)]

My Lords, I thank the Minister for that Answer and for his courtesy in fielding a number of importunate questions on this matter from me over recent months. He started by trying to answer a lot of questions that I did not ask, but he has now answered the question that I did and told us that the royal prerogative has been used for this purpose. I wonder whether he thinks that is a trifle risky, given the Government’s experiences in the Supreme Court over Article 50. It is quite clear that the Fishery Limits Act 1964, which came after the conclusion of the London convention, was designed to take into domestic law the provisions of the London convention. On 15 June 1964, when introducing the Second Reading of that Bill, the then Minister of Fisheries said:

“The purpose of the Bill is to establish the fishery regime in our waters for which the Convention provides”.—[Official Report, Commons, 15/6/1964; col. 946.]

[Lord Hannay of Chiswick]

Sorry; I thought that the Minister might wish to be reminded of what one of his predecessors at the Dispatch Box said. My question is this: does that not make the situation even more risky due to the way in which the Government have acted without a parliamentary process?

[Lord Gardiner of Kimble]

My Lords, I assure noble Lords that a great deal of consideration went into this matter. For instance, the Supreme Court made it clear that an Act of Parliament was not required where a treaty did not grant individual rights. We decided that we should trigger article 15 to give complete clarity, so that when it comes to us leaving the common fisheries policy we could have a clean slate on which to negotiate for all our waters. We are talking about between six and 12 nautical miles, but it is in the 12 to 200 nautical mile median line that the vast bulk of fishing takes place. The 1976 Act provides Ministers with the power to designate which countries can fish in UK waters. We are all looking forward to the negotiations, so that we can have sustainable fishing.

[Lord Robathan (Con)]

My Lords, has the common fisheries policy been to the benefit of the UK fisheries industry or not?

[Lord Gardiner of Kimble]

My Lords, one of the key elements is that we have a responsibility to fish all these waters sustainably, and those in this country and in the EU should be proud of that. One of the great things we have been able to do co-operatively, and what I would like us to do afterwards, is ensure that in UK waters we fish all stock sustainably. We need to work in collaboration.

[Baroness Jones of Whitchurch (Lab)]

The noble Lord will know that the Government played a significant role in creating the new EU multilateral management plan for the North Sea, and have indicated that we want to carry on participating in this plan or a similar one in the future, post Brexit. Does he believe that the EU 27 will take this commitment at face value in the light of the unilateral decision to withdraw from the London Fisheries Convention? Will not the rest of the EU think this is rather provocative and respond accordingly?

[Lord Gardiner of Kimble]

My Lords, the countries involved in the London Fisheries Convention expected this to happen. It deals with the six to 12 miles issue when already we will leave the 12 to 200 miles agreement when we leave the common fisheries policy and the EU. This is why we took the decision that we did. As I have said, we want to work with partners, because fish stocks need to be sustainably driven. However, it gives an opportunity for the excellent fishing fleets in all parts of our kingdom to fish productively, sustainably and profitably.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I have heard what the Minister has said, but does he not agree that the Government must allow full parliamentary scrutiny of decisions affecting historic rights of access to UK and European waters?

[Lord Gardiner of Kimble]

My Lords, as I have said, a great deal of consideration went into this. Article 5 and annexe 1 of the Council regulation deal with historic rights. They are already in the common fisheries policy and it was a moot point as to whether we needed to address this issue at all. We thought it would be open and honest with the partners we have in the London convention formally to trigger that we would be leaving in two years’ time.

[Lord Forsyth of Drumlean (Con)]

My Lords, the Question of the noble Lord, Lord Hannay, asked on what authority the Government were acting. Surely the answer to that is the authority of the 17.6 million people who voted to leave the European Union and restore our ability to redress the damage done to fishing communities throughout the United Kingdom. Does the Minister agree that to describe as provocative this Government exercising their authority on behalf of the people tells us everything we need to know about the Opposition’s position on withdrawal from the European Union?

[Lord Gardiner of Kimble]

My Lords, it is right that fishing was one of most potent parts of this political issue. Fishing fleets and communities up and down the land are looking to us to have our waters fished sustainably and to ensure that we have continuing fish stocks. We have had success with cod—we need that more—and it is important that we now get on with negotiations and have a proper dialogue with other countries, including Norway, Iceland and the Faroe Islands, as well as the EU so that we can ensure that UK waters have sustainable fish stocks. I am grateful to my noble friend for his question.

[Lord Watts (Lab)]

My Lords, the Minister will be aware that many British fishermen sold their rights to catch to the Portuguese and the Spanish. Will the Government pay compensation to them and, if so, how much will that cost?

[Lord Gardiner of Kimble]

I am afraid I do not have that detail. I had better write to the noble Lord.

[Lord Pearson of Rannoch (UKIP)]

Do the Government agree that our fishing industry epitomises our capture by the corrupt octopus in Brussels and that our complete escape will be the acid test of Brexit?

[Lord Gardiner of Kimble]

My Lords, it will be helpful for your Lordships to know that the seafood sector employs 33,000 people and contributes £1,441 million to the economy. This is why we need to work with the fishing industry on the new arrangements to ensure that we have a successful domestic fishing fleet in sustainable waters.

Food Safety Standards: Brexit

Lord Gardiner of Kimble Excerpts

Thursday 11th January 2018 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what steps they are taking to ensure that, after Brexit, current United Kingdom food safety standards are not undermined by the import of poorer quality food produced to lower animal welfare standards from the United States and other potential trading partners.

[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. We want to advance the consumption of great British food both at home and abroad. Our food is held in high repute thanks to our animal welfare and food safety standards. The withdrawal Bill will transfer on to the UK statute book all EU food safety and animal welfare standards. Our current high standards, including import requirements, will apply when we leave the EU.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply, but is he aware that Liam Fox has agreed with American officials that their trade talks will be held in secret and that the US Commerce Secretary has said that scrapping the hygiene rules that hinder US exports of food to the UK and others would be a,

“critical component of any trade discussion”?

Is he also aware that Liam Fox is previously on record as saying that there is nothing wrong with chlorine-dipped poultry, despite its use to disguise huge bacterial contamination, such as salmonella and E. coli, which arise from its inadequate hygiene standards? The Government are clearly desperate for a US trade deal, so how can we be sure that the interests of British consumers and farmers will not be sacrificed in pursuit of that bigger prize, or are the Government ultimately prepared to walk away if compromise is demanded in those negotiations?

[Lord Gardiner of Kimble]

My Lords, I am grateful for this opportunity, because clearly, as I said, the withdrawal Bill will bring back legal requirements on to our statute book. Yes, of course we want to have a vibrant trade arrangement with the United States of America—I hope all your Lordships wish to have vibrant trade arrangements around the world; we are a trading nation after all—but we have been very clear that we are not going to water down or compromise on the standards I have set out. Indeed, they will be transferred into our own domestic law. The very points that the noble Baroness raised will be on the statute book.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that the Food Standards Agency will have a key role to play in ensuring high food safety standards? This will obviously have resource and staff implications, and a whole raft of regulatory instruments will presumably have to be adopted. What is the Government’s proposed timetable to approve them?

[Lord Gardiner of Kimble]

My Lords, all the agencies, including the Food Standards Agency, play a hugely important role in terms of consumer confidence. It is important that we ensure that the resources are put in place—as we are doing in Defra, with additional resources to deal with many of these things—so that we can continue to have the confidence that we should have. I want to be clear again: we will not compromise on the standards that will be on the statute book. Those are the requirements that we will adhere to in any trade deals.

[Lord Purvis of Tweed (LD)]

My Lords, if these standards had been established under existing EU trade arrangements, a mandate would have been sought and secured by the Commission from the Council and then published for the Parliament. The Government have not done that with this Parliament. A public scoping exercise would have been carried out and published, and this Parliament through our MPs would have been able to consider that, too. That also is not happening. Why are the Government proposing under this working group fewer opportunities for this Parliament to intervene and less transparency even at this stage of the discussions? In respect of the trade Bill, the mechanism that Parliament would have as a result of this exercise is an unamendable single statutory instrument. Why are the Government proposing less transparency and fewer opportunities for parliamentary accountability than we currently have by virtue of our membership of the European Union?

[Lord Gardiner of Kimble]

My Lords, I shall take the opportunity to take that question away and look at it so that I give a proper and detailed reply, of which I shall put a copy in the Library, because it is important. This Government are absolutely clear that we want trade deals. They will be reputable for all sorts of reasons that I have outlined, and we certainly want transparency.

[Lord Trees (CB)]

My Lords, for some time after Brexit and with many countries, we will inevitably trade under WTO standards. There seems to be some uncertainty as to what extent animal welfare standards such as stocking rates of broiler chickens and so on can be used as conditions of trade under WTO rules. Have the Government sought legal advice on this? If so, can the UK legally demand that certain standards be met under WTO rules?

[Lord Gardiner of Kimble]

My Lords, as I have said, on our statute book will be all the current EU welfare standards, but there are some recent WTO cases which we think will be helpful and we are giving them active consideration.

[Lord Rooker (Lab)]

I commend the Minister for the firmness with which he has put the case that the Government will not deviate from our standards. That is to be commended, and of course it is noted. That being the case, will he have a word with his colleagues in the other departments who keep saying that Brexit will lead to cheap food? It is inconsistent to talk about cheap food, because the only way that can arise is if our own poultry industry, pig industry and beef industry are decimated by cheaper imports based on lower standards.

[Lord Gardiner of Kimble]

I have said what I have said, my Lords, which is that I am absolutely clear that we will not water down any of our standards. They will already be on the statute book when Parliament has enacted the EU withdrawal Bill. They will be UK statute.

[Baroness Smith of Newnham (LD)]

My Lords, no Parliament can bind its successor. What assurance can the Minister give us that, on day 2 after leaving the European Union, there could not be proposals to water down those rules? Will we be told that the 17.4 million people who voted to leave wanted to change the rules to get a deal with the United States?

[Lord Gardiner of Kimble]

The noble Baroness has set out the position: that no Parliament can bind its successors. All I have been absolutely clear in saying is that the direction of travel of this Government is that we are not watering down; there will be requirements on the UK statute book. It would be for Parliament to decide in the future what it wanted to do, but I have been absolutely clear about the direction of travel.

Waste: Chinese Import Ban

Lord Gardiner of Kimble Excerpts

Thursday 11th January 2018 Lords Chamber

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

My Lords, I am most grateful to the noble Lord, Lord Greaves, for securing this debate on the recent China waste restrictions. As a number of noble Lords have said, it is topical and timely following the launch today by the Prime Minister and the Secretary of State of the 25-year environment plan. It makes new commitments on resources and waste, and aims to fulfil our manifesto commitment to leave the environment in a better state than when we found it.

I hope that noble Lords understand that of course I am always keen to debate Defra matters both in this Chamber and outside. It is way above my pay grade to suggest that there should be a debate, but perhaps I may say that I will actively encourage one, and your Lordships’ comments today have been most helpful in that regard. However, I hope that noble Lords will also understand that I can say very little more.

So many questions have arisen that in order to do justice to them, I will have to promise to write to noble Lords. In that way I can do justice to all the detailed comments. The 25 year environment plan also commits to eliminating avoidable plastic waste by 2042. I can well accept that no one wants to wait until that year for it to happen and work has already begun. I grant that it is a very small beginning, but as of this week there are no more plastic cups in the House, and in have come glass beakers. This is the sort of example we must set. We have said in the plan that we want central Government to do these things. I am looking around at noble Lords and I have already seen some plastic cups. We need to address these issues ourselves and set an example.

I emphasise that it is a priority globally. China takes more than 50% of the world’s waste in paper and plastic. Waste paper and plastic have indeed been important global commodities and the Chinese market has been an important destination. As the noble Lord, Lord Greaves, said, we in this country have been sending 12% of our plastic waste to China. Interestingly, that is 0.4 million tonnes a year. Interestingly, Germany is sending 0.6 million tonnes, and Japan and the United States are sending 1.5 million tonnes. I am pleased that since 2010 our levels of plastic sent to China has dropped from 0.7 million tonnes to 0.4 million tonnes. The UK also exports a considerable amount of waste paper to China—41%. Based on the information the Chinese have offered to the WTO, our assessment is that mixed plastics and paper will no longer be accepted but there are indications that there are materials, such as old corrugated cardboard, that will not be subject to a total ban.

Since July, when we first heard about the China restrictions, it has been a priority for us to put in place immediate and longer-term actions. The Government continue to clarify the details of the restrictions through the EU and to China via the WTO. I say to the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Greaves, that the Environment Agency has issued fresh guidance to exporters to ensure that operators are clear on their duties to handle waste, given the restrictions and tighter environmental standards. In addition, it will require fire protection plans for all sites storing any combustible waste.

In addition, we are already seeing evidence that some operators have found alternative export markets. We are also seeing companies embrace new technologies. For example, Viridor has said it is exploring new applications for recycled plastic and opportunities to enhance its polymers investment programme. We are working closely with industry, the Environment Agency, WRAP, local authorities and all interested parties.

In the short term, we recognise the need for new markets. Where new markets or domestic reprocessing are not available, any alternative, such as energy recovery, has to follow the waste hierarchy. Landfill is an absolute last resort. I am interested in what the noble Baroness, Lady Jones of Moulsecoomb, and my noble friend Lady McIntosh said, and in the example of North Yorkshire. Energy from waste provides a valuable contribution to the treatment of waste that cannot be prevented, reused or recycled, and ensures it does not go to disposal in landfill. I am mindful of the importance of this to the environment. I say to both noble Baronesses that the Environment Agency regulates all the energy from waste plants and operators must comply with the emissions limit set by the industrial emissions directive to prevent or limit pollution by emissions into air, soil, surface and groundwater. The Environment Agency inspects such facilities regularly. Also on landfill, since 2010 landfill from England has fallen by 64%—there is more to do, but we are going in the right direction.

Looking to the longer-term investment, under the waste infrastructure delivery programme the Government will have committed £3 billion by 2042, supporting investment in a range of facilities to keep waste out of landfill and improve recovery of waste. That is obviously a continuing investment as facilities are opened. This is not about this happening in 2042, but about a continuing programme.

We have also published a number of recent strategies with a spotlight on resource efficiency—for example our recent litter strategy, which aims to have substantial reduction in litter and littering behaviour. The noble Lord, Lord Greaves, and the noble Baroness, Lady Jones of Whitchurch, were absolutely right to refer to the waste hierarchy and the circular economy. The new resources and waste strategy will build on the firm foundations of the waste hierarchy and our commitment to increased resource efficiency, and to move to a circular economy. In autumn last year the clean growth strategy set out our ambition to have zero avoidable waste by 2050 and announced that we are exploring changes to producer responsibility schemes. The detail of this will be set out in the resources and waste strategy.

On biodegradable plastic, which the noble Baroness, Lady Miller, referred to, we are committed in the 25-year environment plan to look at technological changes. This is a particularly interesting area. The noble Lord, Lord Greaves, mentioned our liaison with BEIS, which is very important. We worked with BEIS very closely to develop the contribution to the industrial strategy, which is also about an ambition to double resource productivity by 2050.

A number of noble Lords referred to the Government’s call for evidence on managing single-use drinks containers. Our working group will report to Ministers shortly. I cannot prejudge what it will say, but I look forward to it very much. We are also working with the Treasury on a call for evidence this year, seeking views on how the tax system or charges could reduce the amount of single-use plastics waste.

My noble friend, Lady Redfern, is right to speak about the 25p charge on single-use plastic, which, as has been said, we are looking to expand in the 25-year plan, and the ban this week on microbeads in cosmetic products. This is part of action now that we need to build on. I particularly say to the two noble Baronesses, Lady Jones of Whitchurch and Lady Jones of Moulsecoomb, that I think what the Secretary of State outlined as his four-point plan when he chaired the industry round table on plastics is where we should be on tackling plastic waste and I hope your Lordships will agree: cutting the total amount of plastic in circulation; reducing the number of different plastics in use; improving the rate of recycling; and making it easier for individuals to know what goes into recycling bins and what into general rubbish. This is the way we need to work, with rigour.

As the China restrictions come into force we will continue to devote our energies here and abroad on this issue to ensure we not only manage this in the short term, but bring forward new solutions, such as through new technologies. My noble friend Lady McIntosh also raised this; I am interested in the plastic technology platform as part of the funding to support the industrial strategy, which is hugely important. The Chinese decision underlines why progress is imperative. We must reduce the amount of waste we produce overall. I agree with the noble Lord, Lord Berkeley, and other noble Lords that we need to reduce the amount we are exporting around the world.

We all need to play our part—government, industry, stakeholders and consumers—to ensure that we use our raw materials wisely, produce less waste and increase our recycling and recycling standards at home, adhering to the waste hierarchy. I endorse what the noble Baroness, Lady Miller, said. It is right that we record the inspiring work of interested organisations that, year in, year out, have worked on these matters. The outcome of the 25-year environment plan, alongside the clean growth strategy, the industrial strategy, the litter strategy and the forthcoming resources and waste strategy are all where we have to show that there is action in a progressive fashion, now, in the medium term and the long term. But I am absolutely clear that the fulfilment of all these will have a profound and beneficial impact on the planet and our environment. I believe—this is why I look forward to future debates in this honest adventure of a better planet and a better country—that there is so much of what has been discussed by your Lordships on which we can surely all unite.

Plastic Waste

Lord Gardiner of Kimble Excerpts

Tuesday 9th January 2018 Lords Chamber

[Lord Teverson]

To ask Her Majesty’s Government what action they are taking following the decision of the Government of China to restrict imports of foreign waste.

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

My Lords, since China’s announcement the Government have raised their concerns on the scope and scale of the restrictions through the EU and WTO. We are working with local government and industry to minimise the impacts on public health and the environment and to assist in assessing alternative markets. We want to improve the quality of materials collected for recycling and reform the producer responsibility scheme for packaging to reduce waste.

[Lord Teverson (LD)]

My Lords, I thank the Minister for his reply and for his longer-term vision. However, the Government have been slow on this. We have a crisis. First, will the Minister guarantee that landfill will not increase significantly in the short term? Secondly, when warehousing or providing greater storage of waste material while we find a market for it, will the Environment Agency and other agencies make sure that pollution locally does not happen and fire hazards are kept to a minimum?

[Lord Gardiner of Kimble]

My Lords, since the Government heard of China’s decision in July, a great deal of work has been done. I can assure your Lordships’ on that. It is clear that the last resort is always landfill. More reuse, recycling and energy recovery in this country is the top priority. Landfill will always be the last resort. The noble Lord is right about the role of the Environment Agency, which is very important. It has been working with key partners and issuing guidance. It is important that the well-being of the environment is the number one priority,

[Lord Geddes (Con)]

My Lords, my noble friend may not be entirely surprised by my supplementary question. Does he agree that it would greatly mitigate the effect of the decision by the Government of China if we stopped wrapping just about anything and everything in plastic?

[Lord Gardiner of Kimble]

My Lords, my noble friend makes an important point. What we want to do, through the resources and waste strategy which will be published later this year and the clean growth strategy which was published in October last year, is to see zero avoidable waste. We want to see less packaging and that the plastic we do use is readily recyclable.

[Baroness Jones of Whitchurch (Lab)]

My Lords, does the noble Lord agree that, apart from persuading consumers to use less plastic, the Government should be doing more to encourage emerging technologies in this area by creating markets for recycled plastics? Sadly, the first wave of plastic recycling companies could not survive because virgin plastic was cheaper than recycled plastic. Is this not an area in which the Government really should be intervening to ensure that there are proper markets for recycled goods so that the recycling companies can grow and prosper?

[Lord Gardiner of Kimble]

My Lords, the noble Baroness is absolutely right. We want to ensure that we use all the innovation and technology we can. It is interesting to note that a number of the key waste management companies see what has happened in China as, ironically, a real opportunity. Companies like Suez and Biffa are saying that there are real opportunities in this and they want to find alternative markets. This is a serious situation on an international scale. For example, some 56% of globally exported plastic waste ends up in China, so we need to address this issue on a global basis.

[Lord Alton of Liverpool (CB)]

My Lords, can the Minister tell us what percentage of the some 500,000 tonnes of plastic waste that are estimated to be exported from this country to China each year are actually capable of being recycled? Further, in his response to the noble Lord, Lord Teverson, he did not say anything about incineration. There has been some speculation that the Government might support incineration, but would that not be simply adding one environmental degradation to another?

[Lord Gardiner of Kimble]

My Lords, I used the phrase energy recovery. That is via the use of incineration and the source of fuel it provides is a much better use than landfill. Moreover, landfill quantities have been reduced dramatically. Some 3.7 million tonnes of plastic waste are created in this country of which 0.4 million tonnes is sent to China. That actually represents a reduction from 0.7 million tonnes of waste being exported in 2010, so a reducing amount of waste is going to China. However, it is clear that we need to do better, and that is why we are working on this issue.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, in thinking about the importance of recycling, can the Minister tell the House what research the Government know about, or are supporting, into the development of biodegradable materials that can be used, particularly in packaging? Some are available but the quantities are small relative to the stuff which is advertised as being recyclable. While I am on my feet, could I also ask the noble Lord to put in a plug, when he is thinking about recycling, for home composting? It is frightfully useful to anyone who has a garden.

[Lord Gardiner of Kimble]

My Lords, I am a fanatically zealous composter, as my wife knows very well. Whether waste is biodegradable or whether we are considering the better use of plastics, by which I mean quality plastic that is consistent and is readily recyclable across the country, we want to learn from the best examples. Many local authorities are doing extremely well in this area and we want to replicate their work across the country.

[Baroness Jenkin of Kennington (Con)]

My Lords, I declare my interest as a board member of WRAP. I welcome the fact that today is the day when the ban on the use of microbeads will be introduced. I also welcome the fact that some 9 billion fewer plastic bags are in circulation than when the levy was introduced. However, will my noble friend look carefully at the recyclability of takeaway coffee cups, which currently cannot be recycled properly? What are the Government going to do about this?

[Lord Gardiner of Kimble]

My Lords, I endorse what my noble friend says about plastic bags. There has been a reduction of 83% of the plastic bags in circulation, and now we have the microbeads ban. We are working with the Treasury on a call for evidence this year seeking views on how the tax system or charges could reduce the amount of single-use plastic waste whether in the form of coffee cups, straws and so on. We need to adopt a different attitude to all of these issues, and I am very pleased that we are working on them.

Brexit: Environmental Enforcement Agency

Lord Gardiner of Kimble Excerpts

Monday 8th January 2018 Lords Chamber

[Baroness Jones of Moulsecoomb]

To ask Her Majesty’s Government whether they intend to establish an independent environmental enforcement agency before the United Kingdom leaves the European Union.

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

My Lords, on 12 November last year, the Secretary of State set out plans to consult on a new independent and statutory body to hold government, and potentially public authorities, to account on environmental commitments. We will carry out a consultation early this year on its remit and functions. I do not want to pre-empt the result of the consultation, and so at this stage cannot be definitive about timescales for establishing the new body.

[Baroness Jones of Moulsecoomb (GP)]

I thank the Minister for his reply, but I am curious about the consultation. Will it be made public so that we have a chance to examine it in this House before the withdrawal Bill comes through, so that we are well informed about exactly what we are voting on?

[Lord Gardiner of Kimble]

My Lords, I assure your Lordships that it will be a full and proper consultation. We want to have detailed consideration with stakeholders and your Lordships so that we get the right decision because we recognise that something needs to be done to fill what we acknowledge is a governance gap. I am not sure about the precise timings, but the whole purpose of an early consultation is so that we can move this forward.

[Lord Whitty (Lab)]

My Lords, this will be a powerful new organisation, which I understand will have the ability to fine or otherwise sanction other public bodies. In that case, is it the Government’s intention to produce primary legislation for the introduction of this body or are they still assuming that it will be dealt with in delegated legislation? My other question is: will this body have some jurisdiction in the remaining seven years of the present system of farm support in fulfilling the role of making sure that environmental standards are met by agricultural practitioners?

[Lord Gardiner of Kimble]

My Lords, the whole purpose of the detailed consideration and our consultation is to decide, and to have reflection from stakeholders, on the best way forward. That is why, at this stage, we have not made a firm decision as to the route because we think we should not pre-empt what is a serious consultation. As to the matter of agriculture, we have been very clear that we wish there to be a transitional phase. However, the arrangements in the withdrawal Bill are that existing EU law will be brought on to the UK statute book. What we are looking at is how we deal with the situation after we have left the European Union and, potentially, after an implementation period.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend explain to the House what the situation will be for EU directives that are currently being revised but which will be approved by the European Union before the point of departure? Will he also explain what the relationship will be between this statutory independent body and the existing Environment Agency?

[Lord Gardiner of Kimble]

My Lords, we will continue to implement EU legislation that is on the statute book. The whole purpose is to have certainty on the statute book. What we want with this new environmental body is to ensure that there is not a governance gap and that in our wish to enhance the environment, government and, potentially, other public bodies can be held to account. We think that that is very important indeed.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, will the Minister tell us what discussions are taking place with the devolved Administrations, such that the new body can be co-designed and owned by all four Governments, given the importance of these areas to devolved responsibilities?

[Lord Gardiner of Kimble]

My Lords, we are already working with devolved Administrations on which powers coming back from the EU should be devolved further. We want to explore whether Scotland, Wales and Northern Ireland wish to take a different or a similar approach on this matter. If they wish to join what will be an English body, we would be pleased. On the other hand, they may decide to take a somewhat different approach. Our thrust in this is to collaborate so that if they wish to be part of this body, we would welcome that.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the Government have said that the new environmental body must have teeth. Will the Minister say how the Government will ensure that this happens and what teeth they envisage it will need?

[Lord Gardiner of Kimble]

My Lords, again, I do not want to pre-empt the consultation. We want a wide consultation and stakeholders, your Lordships and others to participate in it. We need to fill the governance gap, particularly as we wish to enhance the environment. I hope that before too long we will publish the 25-year environment plan. We want to enhance the environment, and that is a step forward. I assure the noble Baroness that we wish to have a rigorous environmental body.

[Baroness Young of Old Scone (Lab)]

My Lords, the Minister pointed out that this measure is aimed at closing the governance gap. One of the major benefits of the EU enforcement mechanism was that it could enforce fines against the Government in infraction proceedings. I have not been able to find another UK independent regulator which has that power at the moment. Can the Minister tell us whether the new independent regulator will be able to enforce environment standards not only on public bodies but on the Government?

[Lord Gardiner of Kimble]

My Lords, I will be straightforward. We want to proceed with this because we think government and public bodies should be held to account. We have existing frameworks, regulators, judicial review processes and Parliament ensuring that the Executive are accountable to them and, ultimately, to the electorate. This is an important matter, and we are going to consult widely. We have not ruled anything in or out. We want a full consultation so that we can understand what stakeholders and other interested groups think is the best way forward in holding government and public bodies to account.

[Lord Campbell-Savours (Lab)]

My Lords, Mr Gove, in his general approach to amendments in the law, has suggested that there will be a tightening up of slaughterhouse regulations through the use of CCTV cameras. Will the Minister comment on what is being proposed and when we might see legislation?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, it was in the Conservative manifesto that we wish to have CCTV in all slaughterhouses for all parts of their operations involving live animals. We will bring forward proposals for that because it is an important part of enhancing animal welfare. It will also assure consumers that animals are being treated in a humane manner at the point of dispatch. I look forward to introducing those legislative proposals.

[Lord Harris of Haringey (Lab)]

My Lords, can the Minister tell the House to whom this new agency will be accountable? Will it be accountable to government Ministers, whom it might criticise, or will it be accountable to Parliament?

[Lord Gardiner of Kimble]

My Lords, the whole basis of having a consultation is not to prejudge anything. I assure your Lordships that this is serious work on a serious subject in which, yes, government and public bodies need to be held to account. There could be a range of ways in which that can be secured. A number of your Lordships have mentioned fines, but it could be through the provision of advice or annual reports to Parliament. I do not want to rule anything in or out because we are having a genuine consultation.

[Baroness Jones of Moulsecoomb]

My Lords, may I recommend to the Government that they devise principles on which to base this new body? You cannot have a new body that is entirely designed by the public. You need to have principles—for example, that the polluter pays—through which the Government can be held to account. You cannot devise a new, strong enforcement body without any principles underlying it.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Baroness because part of my script is that we will be setting out plans to consult on a new policy statement precisely on the environmental principles that will apply post our exit. It is absolutely right that one principle in the current system of environmental legislation is that the polluter pays. In the proposed consultation we will explore the scope and content of a new statement on environmental principles.

Ivory Trade

Lord Gardiner of Kimble Excerpts

Thursday 21st December 2017 Lords Chamber

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

My Lords, I am most grateful to my noble friend for securing this debate on ivory. The protection of endangered species around the world is a priority for this Government, as we reaffirmed in our manifesto earlier this year. Key to protecting endangered species is tackling the demand for wildlife products such as ivory.

The noble Lord, Lord Hogan-Howe, showed his humanity, courage and experience during his maiden speech. I am sure your Lordships would all agree that it is no surprise that the noble Lord is a Member of this House. His experience will be invaluable on so many matters.

As the noble Baroness, Lady Jones of Whitchurch, said, the illegal wildlife trade is a serious criminal industry. The illicit nature of the trade makes it challenging to value precisely. However, it is estimated to be worth up to £17 billion a year globally. It not only threatens some of the world’s most iconic species, such as elephants, with extinction, but damages economic growth and sustainable development. It is fuelled by corruption, which in turn undermines good governance and the rule of law.

The UK is committed to playing a leading role in tackling the illegal wildlife trade and the trade in illegal ivory, and we are working with our international partners to protect endangered species. The proposed ban on UK sales of ivory, and on its import and re-export, should build on the range of actions we already undertake across Africa and Asia, both to protect elephants and to tackle the demand for ivory. Already, as a matter of policy, we do not issue export permits for raw ivory—in other words, tusks—of any age. Our proposed ban will go even further than this. We want to bring an end to the poaching of elephants, and our proposed ban demonstrates that we are willing to take direct action in the United Kingdom.

Elephants are an important and iconic species that are revered by many people both in this country and across the world. They are extraordinary and emblematic creatures, playing a key role in the ecosystems of their range states. They disperse seeds crucial for new plant and tree life to grow. In forested areas they create gaps in the canopy, encouraging tree regeneration, and in the savannahs they clear tree and shrub species, allowing grass to grow which in turn provides food for other species. They are, therefore, essential to the very essence of the countries where they live.

The noble Lord, Lord St John of Bletso, spoke of the forest elephants, yet every year the population of African savannah elephants alone declines by 20,000, primarily due to poaching. If this rate of poaching continues, elephants could become extinct within decades in some African countries. It is surely our duty to act to help protect this iconic species and assure its future in the wild. Indeed, the noble Baroness, Lady Bakewell of Hardington Mandeville, and the noble Lord, Lord Stevens of Kirkwhelpington, spoke movingly of their experiences. Indeed, I shall never forget seeing families of elephants in Africa in happier circumstances.

The noble Lord, Lord Purvis of Tweed, spoke of the economic issues. The loss of elephants would deprive some of the poorest countries in the world of an invaluable natural asset, affecting economic growth and sustainable development. Research suggests that around £25 million in economic benefits each year for local communities has been lost because of the effects of poaching on tourism, especially in the savannah areas of east, southern and west Africa.

We must do everything we can to make sure that future generations do not inherit a world without elephants. It would be the worst of indictments on the human race and our generation if elephants no longer roamed in the wild. That is why, on 6 October, my right honourable friend the Secretary of State announced proposals to ban the sale in the UK and the import or re-export of items containing ivory that contribute directly or indirectly to the poaching of elephants. The proposals, on which we are currently publicly consulting, are designed to put the UK front and centre of global efforts to end the insidious trade in ivory. The Government are currently consulting on our proposals to ban UK sales of ivory. The consultation will end on 29 December, and I hope your Lordships will accept that I am not in a position to comment on the final scope of the proposed ban or, indeed, on how any exemptions could be defined at this juncture.

Turning to our proposals, as a starting point we aim to implement a total ban on UK sales of ivory where such sales could continue to contribute directly or indirectly to poaching today. We believe that only by taking robust and decisive action can we play our part in ending this appalling trade. My noble friend Lord De Mauley spoke of the 1947 cut-off date in the current regulations. We set out in our proposals that our intention is to ban all sales of ivory, regardless of age, unless an exemption applies, and that we intend our ban to go further than present rules.

We also recognise that there is a case for some items to be exempt from the ban, where the sale of such items would not contribute to the continued poaching of elephants and where a ban would be unwarranted. We have proposed four categories of exemptions: musical instruments; items containing a small amount of ivory; sales to and between museums; and items of historic, artistic or cultural significance. There have been suggestions today about how we might define these exemptions, such as a de minimis exemption defined as a specified percentage of the item by volume. My noble friend Lord De Mauley spoke of this. My noble friends Lord Carrington of Fulham and Lord De Mauley also spoke of portrait miniatures as a potential exemption. I hope noble Lords will understand that it is not possible for me to respond on these points, as the consultation is still ongoing.

My noble friend Lord Carrington of Fulham raised the important issue of protecting cultural heritage and suggested that items may be destroyed as a result of the proposed ban. Indeed, my noble friend Lord Cormack spoke of many examples of artistry. The proposed exemption for items of significant historic, artistic or cultural value would recognise that some items which contain, or are made of, ivory have an intrinsic value unrelated to their ivory content, be it the artistry or the historical provenance.

Through the consultation, we are working with the arts and antiques sectors, museums, environmental organisations and other interested parties to define the scope of the exemptions, such as our proposed exemption for items of historic, artistic and cultural value. I commend the constructive engagement that we have had from all of these sectors so far.

My noble friends Lord Carrington of Fulham and Lord Cormack spoke of a vetting or licensing system as a way to make sure only rare and important items can be sold under this exemption. We will consider all these proposals, of course, alongside those arising from the consultation.

I must emphasise that our objective is to protect elephants, and we want our ban to support that aim. We recognise that certain items cannot be said to fuel the modern-day demand for ivory that in turn fuels poaching, and we want to define our exemptions through the consultation so that they do not detract from our overarching objective. Similarly, we wish to work with all interested parties to develop effective and proportionate compliance and enforcement arrangements so that loopholes cannot be created or exploited.

We are not proposing to ban the ownership of ivory or that items should be destroyed. Many people will continue to use items containing ivory regardless of the ban on sales, and the gifting, bequeathing and inheriting of items that contain ivory will continue. We also do not intend to affect the ability of museums and other institutions to display ivory items to the public if they so wish.

By implementing a ban on the sales of ivory in the UK, we will help to lead global action to protect this iconic species. We will send a clear signal that the trade in ivory should be consigned to history and that we will not tolerate the trade in items that could fuel continued poaching. It will confirm to our partners around the world that we support their actions to stamp out the trade and, we hope, encourage others to follow suit. To our partners in the elephant range states of Africa and south Asia, it will confirm our support for their work to tackle poaching.

The majority of the modern-day demand for ivory comes from east Asia. Banning all but a very limited number of sales in the UK will greatly reduce the amount of ivory exported to this region, ivory which may serve to reinforce the status of the material or which may even be recarved to suit local markets. The proposed ban should also remove the opportunity for criminals to launder new or freshly poached ivory through the UK’s legal markets.

I very much register what the noble Earl, Lord Erroll, said about the need for global action. We welcome measures taken by other countries—a number of your Lordships mentioned China, currently the world’s biggest demand market for ivory, and its forthcoming restriction on the domestic ivory markets. It is only through such international commitment and global co-operation that we will end this brutal trade. Our proposals will be among the toughest in the world.

The noble Earl, Lord Erroll, raised the question of prices. There is early evidence to suggest that ivory prices have already started to fall in China since the announcement of the ban.

The noble Lord, Lord Purvis of Tweed, also mentioned China and the demand in markets. It is absolutely correct that the UK needs to exert all diplomatic pressure and soft power in this area. My right honourable friend the Foreign Secretary raised this very issue with his Japanese counterpart only last week, and we continue to fund projects aimed at reducing demand in a number of east Asian countries.

I should also say to the noble Baroness, Lady Jones of Whitchurch, that my right honourable friend the Secretary of State for Defra will be speaking at a parliamentary reception with the Chinese embassy next month to mark the implementation of China’s ivory ban. This is an example of collaboration, which is absolutely essential.

A number of noble Lords—particularly, on the Opposition Front Benches, the noble Lord, Lord Purvis of Tweed, and the noble Baroness, Lady Jones of Whitchurch—asked about next steps. As has been said, our consultation will end on 29 December, and we will look to publish a response to it shortly afterwards. I shall ensure that Defra considers the contributions that your Lordships have made today when finalising our proposals. We will need to implement our proposals through primary legislation, so there will need to be a Bill as soon as parliamentary time allows.

Our proposed ban should be seen not in isolation but as part of a comprehensive response to protect elephants and other endangered species. I am particularly grateful to my noble friend Lord De Mauley, my predecessor at Defra, whose experience of these matters has been very real. Four years ago, the UK held the first conference of global leaders on the illegal wildlife trade, IWT, in London. It was a marked success, and every attending country committed to a combined attack on the driving forces behind the illegal trade in wildlife, including ivory. Leaders agreed to recognise poaching and illicit trafficking as serious crime within national legislation. Several countries also introduced strict measures to halt the flow of illegal products, such as ivory, into their markets.

Our approach to tackling IWT includes supporting sustainable livelihoods, strengthening law enforcement and legal frameworks, and reducing the market. To support our global leadership on tackling illegal wildlife trade, Defra is investing £26 million to tackle IWT in countries that are most affected. We are providing funding to Interpol to expand its work on tracking and intercepting illegal shipments of ivory, rhino horn and other illegal wildlife products.

The noble Lord, Lord St John of Bletso, referred to Defra funding the British military to provide tracker training for park rangers in key African countries, helping to ensure their effectiveness and safety while working to prevent elephants being poached for their ivory. I thank the noble Lord for his appreciation of the sterling work undertaken by members of the British Army in training rangers in Gabon, and we should be proud of their work and their achievements.

As my noble friend Lord De Mauley and a number of your Lordships said, next October we will be hosting the fourth international conference on tackling IWT. To be effective in tackling IWT, it is vital that Governments work with the private sector, academia and civil society. The conference will be a key opportunity to bring our combined expertise, innovation and technology to bear on this issue, and to maximise support for and action by countries directly affected by this criminal trade.

I hope it is clear from what I have said that tackling the illegal wildlife trade is a priority for the Government. The UK has been at the forefront of driving global efforts to safeguard the world’s most vulnerable species. This Government’s proposed ban on UK ivory sales reflects our continued commitment. We recognise the case for some limited exemptions from the ban, including in relation to the cultural heritage of certain ivory items. We are specifically inviting views on that as part of our current public consultation. The Government cannot predict the outcome of the consultation, but we are clear that the purpose of our ban is to the stop the brutal assault on these iconic creatures.

A ban would help to close legal ivory markets and therefore help to reduce the price of ivory and thus the incentive to poach, helping to prevent the killing of thousands of elephants each year. I hope noble Lords will agree that this is the right thing to do and will demonstrate the UK’s commitment and leadership in our efforts to conserve one of the world’s most iconic, beautiful and threatened species. Surely that is our first priority.

Environmental Protection (Microbeads) (England) Regulations 2017

Lord Gardiner of Kimble Excerpts

Monday 18th December 2017 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 27 November be approved.

Relevant document: 13th 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, it is a privilege to introduce these regulations. Microbeads are small plastic particles which have been added to many personal care products. One shower alone can send 100,000 microbeads into the water system and subsequently into our seas and the habitats of the marine animals that live there.

Most significantly, once released into the environment, it is impossible to recover microbeads or remedy the effects that could subsequently emerge. These regulations will ban the manufacture and sale of rinse-off personal care products containing plastic microbeads. The range of personal care products that can contain plastic microbeads is considerable, from products such as shower gels, face scrubs and toothpaste to hand-cleaning products such as Swarfega. Subject to your Lordships’ consent and a positive outcome in the other place later today, these regulations will be signed tomorrow and 21 days from that point of signature the manufacture in England of any rinse-off personal care product which uses microbeads as an ingredient will be banned. Six months from that point, a further ban will come into place to prevent the sale of any rinse-off personal care product containing microbeads. Crucially, this means that those products will neither be able to be imported and sold here nor able to be exported.

We know that there are various sources of plastic entering our seas and oceans due to human behaviour. Recent estimates suggest that up to 12.2 million tonnes of plastic are entering the global ocean every year and 80% of the plastic that is in the ocean has come from land-based actions. Furthermore, it is estimated that personal care products containing microbeads contribute 35,000 tonnes of plastic into the global oceans each year. Put simply, this cannot go on and our generation must act. We have a responsibility as individuals and as a Government not to shirk the global challenge of marine pollution. We must act together to stop this pollution at source and there is no time to lose. Anyone who disputes this should be prescribed a course of “Blue Planet II”.

The regulations before your Lordships help us take a step forward. This will reduce the unnecessary release of plastic into the marine environment and lessen harm to marine organisms caused by this form of microplastic. We have been working closely with the devolved Administrations. Very few cosmetics and personal products are manufactured in Scotland, Wales or Northern Ireland. The ban on both manufacture and sale of microbeads will come into effect on the same day there as the English ban, which is likely to be 9 July. I hope your Lordships will accept the need for these regulations and that the need is pressing. The approach here is another strong example of the continuing role that the UK has taken to protect the marine environment, not just not around our coastline but throughout the world, including our overseas territories. This legislation will deliver one of the strongest, if not the strongest, bans on microbeads in the world. There is clearly much more work to be done, both at home and internationally, on marine litter and pollution and the protection of our seas and oceans.

Evidence concerning microplastics has provided us with information about the potential environmental impacts of microbeads. Ingestion of microplastics by some marine organisms can reduce digestion of food and adversely affect reproduction. They can also be passed along marine food chains. In addition, we know from current evidence, some funded by Defra but also available from other sources, that chemical pollutants can leach from and attach to microplastics, with the potential that these could increase exposure levels of toxins when ingested by marine organisms. Microplastics themselves may also contain potentially harmful chemicals.

I recognise the efforts that industry has taken to address the problem of microbeads. A number of manufacturers and retailers have already stopped using microbeads in their products or have committed to do so, but we have now reached a stage where we have to take more decisive action. Natural alternatives for microbeads do exist. These are readily available and, indeed, were used successfully in personal care products before plastic microbeads were introduced. The approach we have taken is based on clear evidence and as a result has the support of a wide range of stakeholders. Our action on microbeads is a further demonstration of our commitment to address marine litter and protect our seas and oceans. This is an important measure. Marine pollution is no respecter of boundaries and we must work collaboratively, but today we have a particular opportunity for our country to send out the strongest of signals. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am delighted to welcome these regulations to ban the production of microbeads in water-soluble cosmetics. I agree with absolutely everything that the Minister said. I declare an interest as a district councillor; it will become clear why later on.

As the Minister said, there are other suitable non-plastic alternatives available to the cosmetics industry. Around 72% of manufacturers have already switched from plastic microbeads to other, more sustainable alternatives, but this leaves 28% of UK cosmetics manufacturers to fall into line. At the end of 2016 and the beginning of 2017 there was an extensive public consultation, which supported the ban on microbeads. As the Minister said, currently that applies only in England but it is expected to be extended to Wales, Scotland and Northern Ireland in July next year. The cost of the ban is approximately £500,000. This is clearly a manageable sum for the largest cosmetics manufacturers. Smaller, local manufacturers do not use microbeads and so are unaffected by this legislation.

As the Minister said, these microbeads are small plastic particles which move through the sewage system and out into the sea, where they are consumed by marine life, sometimes adversely affecting digestive systems. The impact assessment states:

“There is little evidence of the impact to human health”,


although the Department of Health is conducting a review. Fish digestive systems, where microplastics are likely to get caught, are usually removed when preparing fish for human consumption. This is a personal warning to me as I am a great fan of sprats, which I eat whole. Perhaps I will have to change my eating habits.

That apart, my only real concern relates to the enforcement of the regulations surrounding the ban. This is to be allocated to local authorities. As most noble Lords are aware, local authorities have had their budgets cut drastically and are finding it extremely difficult, if not impossible, to make their income stretch over the services they deliver. To add another burden to them could mean that the regulations are not properly enforced—not because local authorities would not wish to do it but because they simply may not have the money to carry out the function effectively. I flag this up to the Minister and seek reassurance.

Regulation 2 relates to who will be enforcing the regulations. Sub-paragraph (d) states that this will be,

“in relation to an area in the rest of England, the county council for that area or, where there is no county council for that area, the district council for that area”.

So is it only county and district councils which will be carrying out the enforcement in most of England? In sub-paragraphs (a), (b) and (c) there is no mention of metropolitan areas apart from London or of unitary authorities. Is this an unfortunate omission? Are these areas excluded? Have I missed something? I would be grateful to the Minister for some clarification.

That apart, I am absolutely delighted to support these regulations, and thank the Minister for his very helpful briefing. I very much look forward to further bans on the unnecessary use of plastics, which the Secretary of State announced this morning.

--- Later in debate ---

[Lord Wigley (PC)]

My Lords, I intervene briefly to warmly welcome the statement by the Minister. This issue demands urgent attention, and I am glad to see the Government doing this. I have a couple of brief questions. First, with regard to the delay in implementing equivalent steps by the devolved regimes, will he confirm that this is not because of any lack of enthusiasm but is a question of process and that some other steps to this end are being considered by the devolved regimes? Secondly, will he confirm that there is no question of allowing the import of products containing microbeads, particularly from the United States, and that the Government will withstand this with all the means they can?

[Lord Gardiner of Kimble]

My Lords, I am most grateful for the contributions that have been made because they symbolise the fact that when there is an environmental imperative, very little else matters and unity of purpose is important. I am most grateful to the noble Baronesses, Lady Jones of Whitchurch and Lady Bakewell of Hardington Mandeville, for their endorsement of these proposals.

In response to the noble Lord, Lord Wigley, the reason for the slight difference is purely that, I understand, there are hardly any manufacturers of cosmetics in the three other countries of the United Kingdom. Therefore, it will be brought together with everything in July. I certainly do not want to suggest that there is any sense of delay. There is unity of purpose across the United Kingdom. These regulations are about manufacture, sale, import and export. We are going to have a very robust regime in this country. Potentially New Zealand might have the strongest regime—there is a slight argument about that—but we intend to have the strongest ban that we can.

A number of points were made. The noble Baroness, Lady Bakewell, raised the issue of local authorities. I am looking at the interpretation and I will want to look at it fully because there is no intention of leaving any body out of this. I note the references to the City of London, the rest of London, the council of the Isles of Scilly and, where there is no county council, the district council. I am very confident that this would be a shire county or a metropolitan district, but I will clarify that because there is no intention of being lax about any part of the country on this point.

The noble Baroness, Lady Jones of Whitchurch, made a number of points. At this stage we think that there is a distinction between run-off and leave-on products, because leave-on products tend to be removed in other ways and disposed of in bins and other receptacles which we believe lessens their chance of ending up in the marine environment. However, we have asked the Advisory Committee on Hazardous Substances to look at other sources of microplastic, including industrial cleaning products, with regard to their potential to harm the marine environment. As soon as we have had that, we will know more. Our assessments have indicated that industrial cleaning products used and manufactured in the UK contain a small number of microbeads, but I do not want to discount that. We will be asking the advisory committee to look at that thoroughly.

On the question of training and guidance for trading standards officers, which both noble Baronesses raised, it is essential that we ensure that people who will be asked to do this job are well trained. Officials in Defra have worked closely with local authority trading standards bodies to develop a guidance document for enforcement officers to use. This document contains information about likely products and ingredients that we have gathered from cosmetics associations and experienced trading standards officers to help surveillance.

The document also sets out a series of tests which officers may conduct to help them determine whether or not a product contains microbeads. Officials met a large number of trading standards officers who work at borders around the UK, who informed us that they will be able to inspect products for microbeads alongside the safety testing they already do. We have also committed initial funds of over £100,000 to support the potential increased burden on the Ministry of Justice.

The noble Baroness, Lady Jones of Whitchurch, also asked about labelling. These regulations will ban the manufacture, sale, import and export of all products in this category. We are confident that the ban will stop the use of microbeads in personal care products, and therefore that a new law on labelling will not be necessary. However, we will of course continue to consider these matters because, again, we genuinely want to make progress on ensuring that our oceans and seas are in a better condition.

As I and other noble Lords have mentioned, this whole area needs to be dealt with in collaboration internationally, with the EU and other nations. The importance of the environment is consistently discussed at the international fora in which this country participates—whether it is the G7, the G20 or the UN. We have ensured that at recent meetings, especially at the UN Environment Assembly, we were clear on the reasons for our ban and that we support action to improve our oceans. Fortunately, many other countries, including the United States, Canada, Australia, New Zealand and France are already working on similar bans. Although not all are as strong as ours, the majority of them will come into effect in July this year. The EU is currently considering its position, and other countries such as India are looking to make similar legislative changes. Of course, we will make sure that we use future events to get our message across and show leadership in this area.

I sense the importance to your Lordships of the global lead that we surely must take in terms of further plastic pollution and cleaning up our oceans for the next generation. This country has a long tradition of taking action regarding caring for the marine environment. More recently, this legislation has taken 15 months of hard work. I believe that the success on plastic bags is remarkable, with the reduction in the number of plastic bags found on beaches and the marine environment. We have just finished consultation on a potential deposit return scheme, and we are on track to establish more marine protected areas. We are also looking at how we can increase recycling and decrease the reliance on plastics in our everyday lives.

It is clear that there is much more to be done to tackle the issue of marine pollution. It is a problem that we must not and cannot shy away from. Reducing marine litter at the source will be key to beginning the work towards improving ocean health. The action proposed through this legislation shows that the United Kingdom is determined to face the issue of marine litter head-on by reducing the flow of plastic litter into the oceans. For these reasons, I beg to move.

Motion agreed.