Waste Enforcement (England and Wales) Regulations 2018

Lord Gardiner of Kimble Excerpts

Tuesday 27th February 2018 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the Waste Enforcement (England and Wales) Regulations 2018.

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

My Lords, these regulations are a single composite statutory instrument which applies to both England and Wales but is made by the UK Government in relation to England and by the Welsh Government in relation to Wales. The Welsh Assembly is due to debate the regulations on 6 March. These regulations will strengthen the regulators’ arsenal to deal with non-compliant activity at waste sites by providing them with a further two powers: the power to restrict entry of persons and further waste to the site, and the power to require the removal of all waste at a non-compliant site.

Your Lordships are aware that, to minimise waste, our aim is to have a more circular economy so that resources are used more efficiently and kept in use for longer. A well-functioning waste industry, operating within a regulatory framework and in accordance with environmental permits or registered exemptions, is essential to achieve this. A small number in the industry hamper resource efficiency, damage the environment and seek to gain profit illegitimately by operating outside the regulatory framework. Ensuring that the regulators have a full range of enforcement powers is essential to bear down on that non-compliant part of the industry to ensure that waste is managed properly with no damage to the environment or to local communities.

Over the past 25 years, the nature of the waste industry has changed and government action has been needed to meet the challenges. As well as ensuring that the regulators have robust powers, since 2014 we have given the Environment Agency an additional £60 million for waste enforcement, and have recently published a consultation on proposals to tighten up the waste permitting and exemptions regime.

The two powers before your Lordships today are technical in nature. The development of these regulations included a public consultation in both England and Wales with a range of organisations, including various parts of the waste industry, the regulators, local authorities, householders and NGOs. The regulations insert new sections into the Environment Act 1995. It is a power just for the Environment Agency. If a waste site currently stockpiles more waste on its site than its permit allows, the Environment Agency is able to restrict access in certain circumstances. This can be done only in order to remove waste that is causing a serious pollution risk and only after giving a waste operator five days’ notice. This clearly limits the agency’s ability to act quickly to stop further waste entering a site and does not put the onus on the waste site operators to be responsible for waste on their site. The agency can also revoke a permit and close down a site, therefore restricting access, but it is not always proportionate to close down a waste site immediately if it does not comply with its permit.

This first new power will therefore fill this gap. The Environment Agency will be able to act immediately to restrict access by locking the gates or barring access to stop more waste coming on to a site. The Environment Agency will be able to issue an immediate restriction notice for up to 72 hours where there is a risk of serious pollution to the environment or harm to human health as a result of the waste on the site and action is necessary to prevent the risks continuing. The Environment Agency will also be able to apply to a magistrates’ court for a restriction order for an initial period of six months when there is a risk of serious pollution to the environment or harm to human health, or when an offence, such as a breach in permit conditions, has been committed which is resulting in pollution. No legitimate waste operator should fear the introduction of this new power. It has been drafted in a proportionate way and includes a right to appeal a restriction order within 21 days of the order being made. Access will remain restricted pending the determination of the appeal.

The regulations also introduce new sections into the Environmental Protection Act 1990. The second power will be available to the Environment Agency and local authorities in their capacity as waste-collection authorities, because both the agency and local authorities are responsible for different aspects of waste management regulation under the Environmental Protection Act 1990. As with the previous power, the Environment Agency and local authorities’ ability to require the clearance of waste at non-compliant sites needs strengthening. Currently, the Environment Agency and local authorities can require an occupier or a landowner to remove only waste that has been illegally deposited at a non-compliant site; for example, waste not deposited in line with the conditions of a permit. We are therefore extending the scope of the current power to enable the Environment Agency and local authorities to require operators or landowners to clear all the waste at a non-compliant site, so no waste is left at the site. The power will not be applied retrospectively and will include a two-month transition period. Like the previous power, we think it is proportionate for operators and landowners to have the ability to appeal. Giving the regulators these two additional powers will bear down on the non-compliant part of the waste industry with rigour, as part of our quest for a healthy environment for future generations. That is why I commend the draft regulations to your Lordships. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for his detailed introduction of this waste enforcement SI. There are many SIs coming down the track and a great deal of detailed and complex information for your Lordships to get their heads around. It is estimated that there are currently around 600 illegal sites operating in England, Wales and Northern Ireland. The Environment Agency already has the power to shut down illegal waste sites due to the damage they cause to their surroundings.

In 2016, the Environment Agency prosecuted 110 businesses and individuals for offences related to illegal waste sites. In some cases, landowners caught by this illegal activity were unaware of it taking place. Illegal waste sites are a blight on communities and undermine legitimate landfill operators. It is to be welcomed that the Government have listened to concerns raised by businesses and local communities and are taking action to tackle this crime—a crime which not everyone in society will recognise, but doubtless it goes towards the ever-increasing crime figures, which are regularly published.

In 2015, waste crime cost the English economy more than £600 million. This included lost landfill tax revenues and clean-up costs. It creates severe problems for people who live or work nearby, with odour, dust, litter, vermin, fly infestations, pollution and fires blighting lives. These criminals undercut genuine businesses that dispose of waste responsibly. The new powers introduced for the Environment Agency to lock the gates or block access to problem waste sites to prevent thousands of tonnes of waste illegally building up are very welcome. The powers will also enable the Environment Agency to force operators to clear all the waste at a problem site, not just the illegal waste, as the Minister has just said.

I have consulted with my local waste authorities and they report that there is little or no problem in Somerset with either waste sites operating without a licence or in breach of their licence. That is good news, but it would appear that the north of England and London are the worst-hit areas. During 2016-17, more than 850 new illegal waste sites were discovered by the Environment Agency. While an average of two illegal waste sites are shut down every day, they continue to create problems for local communities and businesses, as well as posing a risk to key national infrastructure. In 2013 a fire at a waste site in Stockport resulted in the closure of the M60 and three weeks of disruption to traffic, residents and businesses.

I am grateful to the Minister for sending me the sentencing guidelines for the offences committed by these environmental criminals. I found them most interesting. The range of classifications gives due consideration to whether the offence was deliberate, reckless, negligent or of no culpability; in other words, those who deliberately and knowingly flout the law and cause the most harm to the environment can expect the penalty to be severe, whereas those who find they are the subject of a breach of the law through no fault of their own, and little harm ensues, will be penalised at a much lower level. The range of fines, from £100 to £3 million, gives plenty of scope to the Environment Agency to ensure that culprits, both unwitting and serial offenders, realise that they cannot continue to flout the law and pollute the countryside.

However, I am concerned that the extra £30 million over four years that is to be made available to the Environment Agency to tackle waste crime, in the form of illegal sites and misclassification of waste, may not be enough. That sum sounds a lot but equates to only £7.5 million a year. Given the scale of the problem in recent years, I am not convinced that this sum will be adequate. I seek assurance from the Minister that sufficient resources will be made available to the Environment Agency to enable it to carry out its new legal duties to the degree that we all wish to see. That apart, I am happy to support this very important statutory instrument.

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, I am most grateful for the endorsement of these regulations by the noble Baronesses. As I said, we so want to enable the Environment Agency and local authorities to act more quickly, but we also want to ensure there that is no adverse impact on compliant waste businesses. Clearly it is important that landowners are vigilant in leasing land to responsible waste operators and that these measures are part of a range to tackle all forms of waste crime. Indeed, the focus of our forthcoming resources and waste strategy is on preventing, detecting and deterring waste crime.

I was pleased to hear from the noble Baroness, Lady Bakewell, that the situation in Somerset is good, but I am conscious of the cost to the economy. That is why, when we consider spending on waste crime and the enforcement yield, it is interesting to note that there is a £5 benefit to society for every £1 spent by way of investment. On resources, let me repeat that since 2014 we have given the Environment Agency an additional £60 million for waste crime enforcement work up to 2022. We gave the Environment Agency £30 million in the 2017 Budget, which brings the total spend on waste crime to £25 million a year. Of course, as a responsible Government we always need to ensure that we keep these matters under review, but the Environment Agency now has extra resources—we recognised the need for them—to address this problem. The noble Baroness, Lady Bakewell, was also right to say that the penalties involve imprisonment and a range of fines depending on the severity of the crime. When we had our meeting I was able to outline some of the detail, which demonstrated that there are actually a number of people who are in prison for quite a considerable period.

The noble Baroness, Lady Jones of Whitchurch, was absolutely right to say that we need to tackle waste crime not only because it is an assault on local communities and the environment, but because of the very considerable evasion of tax. That is why in 2015 the cost of waste crime in England was more than £600 million. HMRC estimates that around £100 million of landfill tax revenue is lost each year through the misdescription of waste and other evasions. Not only Defra but a number of other departments are keenly interested in this issue, and I suspect that that may be one of the reasons why there has been additional resource because it is important that we take action.

The noble Baroness, Lady Jones, was also right to talk about “the minority” and the advantage that they are taking in causing pollution, fires, odours and vermin infestations and generally making the lives of those in communities around these sites unbearable, so we need to address that. That is why a number of points have arisen about awareness. I understand that the Environment Agency takes a sophisticated intelligence-led approach which involves local residents and businesses having direct communications with the agency. I also understand that aerial drones are now being used quite widely as part of surveying land for illegal waste activity. That is an interesting use of drones, for instance.

The noble Baroness also highlighted how we deal with the repeat and persistent offender. That is why we want to deal with the core of people who are behaving badly and causing such problems. We are taking these extra powers in order to be able to take immediate action so that communities have this proliferation of waste. Indeed, we can insist and require that all waste is removed.

The noble Baroness also raised a side issue to this issue, but it is hugely important. She referred to landowners who have to deal with fly-tipping. I should perhaps express a personal interest in that on my farm people arrive and leave rubbish and waste. It is extremely distressing and extremely costly. I have not had a major incident, I hope, but I know that it is extremely aggravating.

Separate to these regulations because they are about the Environment Agency and the waste sites that have been mentioned, we are conscious of the need to do more about fly-tipping. That is why, in the consultation we have just published, we will give local councils the power to issue fixed penalty notices to householders who pass their waste to a fly-tipper. That is because two-thirds of fly-tipping incidents involve household waste. We are also giving local councils in England the power to issue fixed penalty notices for small-scale fly-tipping. For instance, more than 56,000 fixed penalty notices were issued against fly- tippers in 2016-17. That is a frightening number of people who received these notices. What on earth were they doing in blighting their communities with their waste?

We are doing a number of things on littering from vehicles. A Member of our House did much to pioneer this work. I know he was frustrated by the length of time it took to secure this advance, but I am pleased that we have ended with a positive result. We have also recently strengthened the powers of local councils to search and seize the vehicles of suspected fly-tippers.

The noble Baroness, Lady Jones of Whitchurch, was right to highlight the cocktail of problems that face people, communities and the countryside—including the matters for which these two additional powers to enable more speedy action have been introduced—and the great problems that landowners, public and private, up and down the country face with people who are behaving criminally and badly. Whether it is fly-tipping, waste or litter, we need to do all we can to transfer words into action. I know the noble Baronesses often say, “There are a lot of fine words from the Minister but what we want is action this day”, but no one could be more keen than I am to achieve better results in deterring and confounding those who undertake waste crime. That is why I commend these two extra powers to the Committee.

Motion agreed.

Northern Forest

Lord Gardiner of Kimble Excerpts

Monday 26th February 2018 Lords Chamber

[Baroness Rawlings]

To ask Her Majesty’s Government what progress they have made in establishing the Northern Forest.

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

My Lords, as part of the 25-year environment plan, the Government have pledged £5.7 million to support the creation of a northern forest that will stretch 120 miles from Liverpool to Hull. We are now working with the Woodland Trust and five community forests to identify sites where the first trees, funded by government, will be planted next winter.

[Baroness Rawlings (Con)]

My Lords, I am most grateful to my noble friend the Minister for his Answer, and I commend HMG for supporting this grand project, and all the many bodies involved, especially the Woodland Trust, which will oversee the planting of the 50 million trees, starting this March. Do Her Majesty’s Government agree that this forest will be a huge plus for the environment in countless ways? As we have heard, the forest will stretch from Liverpool to Hull, and my point is that much of it is on Duchy of Lancaster land. Will the Minister consider supporting naming it the “Royal Northern Forest” in celebration of Her Majesty the Queen, who has ruled longer than any British monarch in our history?

[Lord Gardiner of Kimble]

My Lords, the northern forest will undoubtedly bring benefits for people, wildlife and the environment. Planting the right trees in the right places will reduce flood risk; help adapt to climate change; improve air quality, health and well-being; increase biodiversity; enhance landscapes; and, indeed, build resilience for our treescapes. I like my noble friend’s suggestion, and will ensure that the Woodland Trust and England’s Community Forests are aware of it.

[Baroness Young of Old Scone (Lab)]

My Lords, I declare an interest as chairman of the Woodland Trust. I am delighted that the Government have embraced with such alacrity the concept we dreamt up, and I thank the Minister for the £5.7 million. However, it is a £500 million project, and is not just about trees. It will improve air quality in towns, mitigate flood risk, help to promote rural economies and deliver improvements in health and well-being, not only in the rural environment but in the urban environment. Will the Minister consider whether budgets that are focused at the moment on those wider benefits might be used in some way to help to promote and find the total cost of the northern forest?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, I congratulate not only the noble Baroness but the Woodland Trust for the great work that they are doing. In fact, we are in partnership with it on the tree-planting campaign in primary schools, for instance. I certainly think this will be a good example of a mix of public and private funding—the leverage of public funding and then charitable private funding. Indeed, Yorkshire Water has already pledged that it will plant 1 million trees as part of the northern forest on its landholding.

[Lord Scriven (LD)]

My Lords, I will follow on from the previous question. The cost of the northern forest will be £500 million, which equates to nearly £20 million a year having to be found. If those sums are not found, predominantly by charities, what contingency plans do the Government have to ensure that the northern forest becomes a reality?

[Lord Gardiner of Kimble]

As I explained in my earlier reply, this will be a public and private enterprise. There will be a number of ways in which this can be done, including the woodland carbon sequestration fund. There are a number of public tree-planting funds, as well as public and charitable sources.

[Lord West of Spithead (Lab)]

My Lords, the Minister will be aware that Admiral Collingwood was very worried about the northern forest and the loss of oak trees because so many had been used to build ships, and he used to walk around with acorns in his pockets. He, like Nelson, was also worried about the lack of frigates because our Navy had only 138 at the time. Does the Minister think that Admiral Collingwood would feel very pleased about the northern forest proposals, but not very happy about the fact that our nation now has 13 frigates?

[Lord Gardiner of Kimble]

My Lords, we have come some way from frigates being built from wood but, wherever we are, we want to plant more trees. The important point about the northern forest is that it is overwhelmingly in an urban area. We are going through all the cities of the north, which means that the environment in those great cities will be enhanced. The northern forest is in parallel with the northern powerhouse initiative, and is great news for all the communities along it.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend on the contribution that the Government are making to the northern forest. As a Yorkshire Water customer, I am delighted that it is planting trees in its own right. Will my noble friend agree that perhaps we should look at building ships from trees?

[Lord Gardiner of Kimble]

Well, my Lords, I think we should plant trees not just to supply the Royal Navy. It is certainly important that we are growing our own trees. That is why I am delighted that the trees planted on behalf of the Government will all be grown and sourced in this country. I think “Grown in Britain” is a very important feature of biosecurity.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, will the northern forest in any way compensate for the losses of ecology and biodiversity that we will experience with HS2? The National Trust says that over a dozen sites of special scientific interest will be affected and that we will lose 250 acres of green belt and more than 30—I have completely forgotten what I was going to say, but the point is that HS2 is going to be very damaging. I do not see how this northern forest can in any way compensate for the losses that we will experience from that.

[Lord Gardiner of Kimble]

My Lords, tree planting needs to take place across the United Kingdom. HS3 and the northern powerhouse will bring an improvement for all the communities of those cities. It is really important that we plant more trees and achieve our objective to increase tree cover across the country.

[Baroness Jones of Whitchurch (Lab)]

My Lords, obviously we welcome this initiative but, following on from the noble Baroness’s question, I point out the real challenge about protecting existing ancient woodlands. When I put a Written Question to the Minister a couple of months ago about how many trees were felled each year, rather than how many were planted, I was told that the Government did not keep that information. Is not there a need to have better protection for existing ancient woodland as well as the good initiatives that the Minister has described today?

[Lord Gardiner of Kimble]

My Lords, ancient woodland is clearly very important as part of the glories of our country. In fact, overall in England, the level of permanent ancient woodlands lost to other land uses was 57 hectares—0.02% between 2006 and 2015—but, actually, 13,481 hectares of planted ancient woodland sites have been restored since April 2011. We want to ensure protection, which is why Defra and other departments are working in terms of the National Planning Policy Framework, because we should cherish our ancient woodlands.

Air Quality

Lord Gardiner of Kimble Excerpts

Thursday 22nd February 2018 Lords Chamber

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

My Lords, with the leave of the House, I shall repeat as a Statement an Answer given to an Urgent Question in the other place by my honourable friend the Parliamentary Under-Secretary of State for the Environment on the air quality plan. The Statement is as follows:

“In July last year, we published the UK plan for tackling nitrogen dioxide concentrations. Yesterday, the High Court handed down judgment on the challenge to that plan, and the judge dismissed two of the three complaints considered during the case in relation to England. Specifically, he found that there is no error in the Government’s approach to tackling nitrogen dioxide concentration exceedances in areas with some of the worst air quality problems, and that the national air quality modelling and monitoring that underpin the plan fulfil our legal requirements. In relation to the five cities identified in 2015 as having particularly marked air quality challenges—those being Birmingham, Nottingham, Derby, Southampton and Leeds—the judge found that the Government’s approach to tackling these exceedances was ‘sensible, rational and lawful’.

The courts have asked us to go further in areas with less severe air quality problems, where we have previously considered it sufficient to take a pragmatic, less formal approach. I had already written to those councils in November. That was followed up by officials asking them to provide initial information on the actions they were taking by 28 February. However, in view of the court’s judgment, we are happy to take a more formal approach with them following that judgment. I have already written to the local authorities asking them to attend a meeting on 28 February to discuss that information and their plans, and whether there are any additional actions they can take to accelerate achieving compliance with legal limits to nitrogen dioxide concentrations. We will follow up on this in March by issuing legally binding directions requiring those councils to undertake studies to identify any such measures. As required by the court order, we will publish a supplement to the 2017 plan by 5 October, drawing on the outcome of the authorities’ feasibility studies and plans.

As set out in the 2017 plan, this Government are committed absolutely to improving air quality, and we have pledged to be the first generation to leave the environment in a better state than we inherited it. Later this year, we will publish a comprehensive clean air strategy, which will set out further steps to tackle air pollution more broadly”.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I refer the House to my involvement with the charity ClientEarth and thank the Minister for repeating that Answer. Surely he recognises that this court ruling is a damning indictment of the Government’s handling of the air quality issue. Let us be clear: yesterday, the judge ruled that the Government’s 2017 air quality plan was “unlawful” and went on to say:

“It is now eight years since compliance with the 2008 Directive should have been achieved. This is the third, unsuccessful, attempt the Government has made at devising an AQP which complies with the Directive and the domestic Regulations”.


He was so critical of the Government’s response that he is now considering direct court supervision of the Government’s future plans.

Meanwhile, the Government issued a completely misleading press release yesterday claiming that this was some sort of victory. I am sorry to say that the Minister’s Statement today has similar shades of complacency. This is an issue about which there is, quite rightly, huge public concern. We have previously heard of the estimated 40,000 premature deaths a year from heart attacks, strokes and respiratory problems. This is a public health crisis.

Are the Government planning to appeal against this judgment again? Alternatively, will they now take the advice of their own officials and implement a network of clean air zones in the 33 towns and cities which are projected to have continuing illegal levels of pollution? Can the Minister explain the difference between the action that he is now proposing and what was presented to the court and has already been rejected by the judge? I suspect that the court will want a great deal more than the outcome of feasibility studies in the non-compliant cities by October this year.

There has been real concern around this House that the Government are not taking this issue sufficiently seriously. I hope that the Minister can now convince us that a major rethink is going on in the department and that the Government will finally come back with solid proposals that will deliver a proper legal deadline for clean air zones in the shortest possible time.

[Lord Gardiner of Kimble]

My Lords, I think that all your Lordships want clean and cleaner air. That is why the Government have invested considerable sums of money, amounting to £3.5 billion. I can go through some of that expenditure in detail, but much of it is in support of things such as cleaner buses. For instance, retrofitting school buses in Manchester has resulted in a 92% reduction in emissions; the level of nitrogen dioxide fell by 27% from 2010 to 2016 and by 10% from 2015 to 2016. So progress is being made, but we want to do more. That is why, across the piece, we are going to bring forward our clean air strategy.

However, I want to be clear to the noble Baroness that the judge acknowledged that very considerable time and effort had been invested by both Ministers and officials. The judge also said, in relation to the five main cities where there is a considerable problem, that what was being brought forward was lawful. I do not want to trade elements of the judgment, because we should take it seriously. That is why, instead of requesting the 33 local authorities to undertake measures, we will be requiring and directing them to do so, because we want to make progress.

It is interesting that, of those 33 areas—which is really what the judgment came down to: what we are going to do about those 33 areas where we need to achieve compliance—10 are projected to come into compliance next year, 13 in 2020 and the final 10 in 2021. In looking at this, a lot of what can be done could be done comparatively cheaply—for instance, the rephasing of traffic lights, including at roundabouts. There are a number of ways in which we want to work with the individual local authorities concerned. The reason we have requested and required the leaders to come to the meeting next Wednesday is precisely so we can get what we all want, which is cleaner air for everyone.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the reply to the Urgent Question. In the “Conclusions” section of the hearing referred to earlier on the air quality plan, Mr Justice Garnham said:

“In its application to the 45 local authority areas, it does not contain measures sufficient to ensure substantive compliance with the 2008 Directive and the English Regulations”.


The Minister has stressed that the Government are fulfilling their legal requirements under the UK plan for tackling nitrogen dioxide concentrations, but I put it to him that those legal requirements fall a long way short of what is required to improve air quality in the 45 cities—never mind the 33—that were the subject of the court action taken by ClientEarth. The residents of those 45 cities deserve better for their children and elderly. Air pollution costs the UK economy £20 billion every year. Sick and vulnerable people, the elderly and children are particularly at risk. The health problems resulting from exposure to air pollution have a high cost to NHS services and business. As an asthmatic, I find that I am severely affected by poor quality air.

The Government’s success in banning the use of microbeads in wash-off cosmetic products could be extended to assist with the air pollution in the country. Research suggests that chemicals in everyday consumer products, including perfumes and paints, have been revealed as a major source of air pollution, comparable with emissions from the transport sector. This research suggests that these products emit significant quantities of petroleum-based chemicals, rivalling cars and other vehicles as the top source of urban air pollution. What steps are the Government taking to tackle this source of air pollution?

[Lord Gardiner of Kimble]

My Lords, the clean air strategy we are bringing forward is designed to deal with all elements of air pollution, because we think that is very important. I should have said to the noble Baroness, Lady Smith, that we are not intending to appeal; we want to implement what the judge has said. We are working actively, in different ways, with all the cities involved, helping them to tackle their NO₂ exceedances, and that is an issue for the whole United Kingdom. Wales, which was a separate party to the action, has conceded that it needs to do more and will be bringing forward a new plan in July. There are exceedances in Scotland and Northern Ireland—in fact, 22 of the 28 countries of the EU are in exceedance—so this is an issue we all need to grapple with very seriously. I am confident that my honourable friend Minister Coffey is dealing with this with rigour and drive.

[Baroness Redfern (Con)]

My Lords, over the decades the UK’s air quality has improved, thanks to the concerted efforts at all levels, but we all today, listening to other noble Lords, agree that more needs to be done. Poor air quality is the largest environmental risk to public health as well as to the environment, damaging agricultural crops and forests, and people are rightly concerned. Will the Minister say whether more could be done to inform the general public, with more detailed information or a campaign, to enable them to make informed choices to help tackle the sources of, and to avoid exposure to, air pollution?

[Lord Gardiner of Kimble]

My Lords, I think that what my noble friend has said is really important. We are working with local authorities and businesses. One thing we all have to wrestle with is how to manage our lives differently in terms of the things we do and air pollution. Whether it is particulate matter with domestic wood and coal burning, there is a range of things we are all going to have to address. I agree with my noble friend that more needs to be done. With the Department of Health, on things like awareness of air pollution events, we need to ensure that vulnerable people are safer. All these are important points, but the work we are doing and that we need to do in collaboration is urgent and we need to get on with it.

[Lord Haskel (Lab)]

My Lords, the Government’s proposal to satisfy the judge means air quality will not comply with EU limits until 2028. I am not sure that everybody else would agree with the judge that that is reasonable. I draw the Minister’s attention to the report from the Secondary Legislation Scrutiny Committee which came out today, and I declare an interest as a member of that committee. The committee is very concerned about the oversight and enforcement of these regulations, and it draws attention to the fact that the SI speaks of a new “advise and challenge” body. How will the Government enforce this and ensure that there is oversight of whether these targets are met?

[Lord Gardiner of Kimble]

My Lords, this is a joint venture between government and local authorities to achieve the requirements that have been set for us in terms of EU compliance and, obviously, continued compliance following our departure. Of the 33 areas—this is the area where the judgment came in, where we are required to direct the local authorities—as I have enumerated, the plan is for all 33 of them to be compliant by 2021.

Abattoirs: Non-stun Slaughter

Lord Gardiner of Kimble Excerpts

Wednesday 7th February 2018 Lords Chamber

[Lord Trees]

To ask Her Majesty’s Government what measures they are taking to minimise the number of animals slaughtered without stunning in abattoirs in the United Kingdom.

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

My Lords, EU and domestic legislation require all animals to be stunned before slaughter, with a long-standing exception for Jewish and Muslim communities to eat meat prepared in accordance with their religious beliefs. We recently asked the Food Standards Agency to conduct a survey of slaughterhouses that included looking at different slaughter methods. The survey’s results should help to ascertain the volumes of meat arising from different slaughter methods.

[Lord Trees (CB)]

I thank the Minister for his reply and congratulate the Government on the number of measures they have announced recently to improve animal welfare in this country. They are progressive and very welcome. However, on non-stunned slaughter, I am afraid we have not made much progress. The latest Food Standards Agency figures to which the noble Lord alluded show that the number of sheep slaughtered without stunning in Britain in 2017 doubled in the six years from 2011 to over 3 million sheep. That is 3 million sheep that had their throats cut without being rendered unconscious first. Does the Minister agree that, in that aspect of animal welfare, we are going backwards?

[Lord Gardiner of Kimble]

My Lords, that is why it is important that we first look at the results of the 2018 survey. The last full survey was in 2013, so it is important that we hear about the issue again. The Government would prefer all animals to be stunned before slaughter, but we have been very clear over a long period—since the 1933 Act—that we respect the rights of the Jewish and Muslim communities to consume meat in accordance with their religious practices. However, we expect our announcement on CCTV, affecting all slaughterhouses, to be an advance in animal welfare.

[Lord Rooker (Lab)]

Does the Minister realise that there is a partial solution to this, particularly in respect of the Muslim community? All New Zealand lamb that arrives in this country is halal and all the animals were stunned prior to slaughter. If it is good enough to have a standard in New Zealand that classifies as halal, why do we put up with a local decision, which is not an international rule? There is a perfectly good arrangement from the other side of the world, which has led so much in food safety and farming practices. Why can we not adopt the New Zealand practices in respect of the Muslim community?

[Lord Gardiner of Kimble]

My Lords, my understanding is that there are different requirements in different parts of the Muslim community. The noble Lord, with all his experience, is absolutely right, but certain parts of the Muslim community are prepared to have stunned halal meat and other parts are not. I return to the fact that we have this long-standing reasoning behind permitting the communities to eat meat in that way. We certainly want to enhance animal welfare, and that is why the official veterinarians must be in every part of the slaughterhouse.

[Viscount Hailsham (Con)]

My Lords, may I support the position adopted by my noble friend? It is very important to carry the Muslim and Jewish communities with us and I hope they will be tightly involved in any consultations that may take place.

[Lord Gardiner of Kimble]

My Lords, as I say, we do not intend to move away from this long-standing right, but we want, with the other measures that we are considering, to ensure that all slaughtermen hold a certificate of competence, which is clearly essential, and that the official veterinarians can see from the video footage that everything done in all slaughterhouses is carried out in a proper manner. We certainly want to advance animal welfare in all slaughterhouses.

[Lord Stoneham of Droxford (LD)]

My Lords, the growth figures that the noble Lord, Lord Trees, talked about are in excess of what is needed to meet religious needs for the slaughtering of animals without stunning. We have been leaders in the European Union on animal welfare, so have the Government looked at the German system of quotas as a way of bringing the numbers down, and if not, why not?

[Lord Gardiner of Kimble]

My Lords, we should get the figures in March and we will want to look at the survey, which will be put in the public domain at some point this year. It is also important to say that we want to see what proportion of this meat is going for export. We want to look at where the livestock is sourced and the market distribution, including exports. Once we know that, we will be in a position to give this issue the consideration it deserves.

[Lord Cunningham of Felling (Lab)]

My Lords, is it not the case, as the noble Lord, Lord Trees, accurately pointed out, that the number of animals, in this case sheep, being killed without stunning is rising dramatically? I am sure that is not mirrored by a rise in the population who demand halal meat. What is the Minister’s explanation for the number of animals having risen so sharply in the UK?

--- Later in debate ---

[Lord Gardiner of Kimble]

The noble Lord has raised a number of points. I understand that people in the Muslim community eat more sheepmeat than the rest of the British population and that the number of Muslims who are looking to have non-stunned halal meat has also increased because of enhanced religious observance. As I say, with this survey we want to look at the reasons behind this. Obviously, our intention is to allow an exemption for religious communities, but not that this meat should go into the wider market.

[Baroness Masham of Ilton (CB)]

My Lords, is the Minister aware of the horrifically cruel treatment of sheep in a slaughterhouse near Thirsk? The animals were not stunned, rather they were kicked and mutilated; what they went through is really horrifying. The men involved will be tried in court in Leeds very soon. Can the Minister say when CCTV will be operational in all slaughterhouses?

[Lord Gardiner of Kimble]

My Lords, we intend to lay legislation on this matter very shortly. I wish I could give the noble Baroness and the House a precise date, but we want to bring it forward as soon as possible. CCTV will be installed in all areas where live animals are present. We want animals to have a good life and a respectful end to their lives. I think this will advance that.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, of course we must wholeheartedly and unreservedly respect freedom of religious belief, but there are among us those who would prefer not to eat meat that has been slaughtered using a mechanism that we believe causes unnecessary suffering. Will the Government now grasp this nettle and arrange for a labelling mechanism so that those of us who do not believe in following this practice have the freedom of our own belief?

[Lord Gardiner of Kimble]

My Lords, the labelling issue is very important. We think it is absolutely essential that everyone can make an informed choice. We will be considering this issue in the context of our departure from the EU. I also say to my noble friend that farm assurance schemes, such as Red Tractor and the RSPCA Assured scheme, require stunned slaughter. That is an important feature.

[Baroness Jones of Whitchurch (Lab)]

My Lords, we all welcome the introduction of compulsory CCTV in slaughterhouses, which should assist with proper welfare standards. The noble Lord will know, however, that the recent incident at 2 Sisters came to light not because of the CCTV but because of undercover reporters. Unless the Food Standards Agency has the proper resources to look at the footage, we will get no further forward. Will the Minister explain what extra resources will be put in place so that the CCTV footage is used and not just sitting there in a dead camera?

[Lord Gardiner of Kimble]

My Lords, it is very important that the official veterinarian takes his or her duties extremely seriously. That is why the footage will need to be stored by the slaughterhouse operators for 90 days. The official veterinarians will have access to the CCTV systems and their recorded images. It is important that CCTV recording may be used as evidence. On resources, the official veterinarians, who are essential to this, have their duties. There have to be official veterinarians in slaughterhouses. As I said, this will be an important part of the work of enhancing animal welfare at the end of animals’ lives.

Plastic: Recycling

Lord Gardiner of Kimble Excerpts

Wednesday 7th February 2018 Lords Chamber

[Baroness Neville-Rolfe]

To ask Her Majesty’s Government what action they are taking to reduce the use of plastic and to ensure that the maximum amount of plastic can be recycled.

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

My Lords, the Government have banned microbeads in cosmetics and taken 9 billion plastic carrier bags out of circulation with the 5p charge. More needs to be done and we will be taking an ambitious approach. My right honourable friend Michael Gove has recently set out in a four-point plan how we will reduce the use of plastic and ensure that where plastic is used it is easier for households to recycle.

[Baroness Neville-Rolfe (Con)]

My Lords, we need a sense of urgency, given the scale of the challenge on plastic. We need dynamic and radical ideas—as, I think, are promised in the new strategy—that need to cover research, alternatives to plastic, and recycling, where, I am afraid, we still await a single system that consumers can understand. Will the Minister kindly ensure that his energetic Secretary of State focuses on this—busy though I know he is in supporting the Prime Minister on other fronts?

[Lord Gardiner of Kimble]

My Lords, I experience day in, day out the energy of my right honourable friend and we are very grateful for it. Clearly it is important that we undertake research. We want plastic to be reusable and recyclable and for recycling to be understood. That is why, in working with BEIS, Innovate UK, Research Councils and industry, we need to bring forward bids for the Industrial Strategy Challenge Fund so that we can develop more sustainable materials with a lower environmental impact. We are also working, within WRAP’s framework, to ensure greater consistency. Yes, we want to have a common set of materials that are recycled. Working with local authorities we have already made some advances and there are some very good examples of where councils have increased their recycling, some by over 14% in one year—so it can be done.

[Lord Teverson (LD)]

My Lords, my local authority, like many others, recycles plastic but not black plastic, which is a major proportion of all plastic. WRAP, the excellent organisation which the Minister has already referred to, has found a solution to this by changing the pigment that puts in the black colour. As an immediate action, following up the noble Baroness’s reference to energy, will the Government insist that that pigment is changed so that that proportion of plastic can be recycled as well?

[Lord Gardiner of Kimble]

My Lords, industry has certainly been working on this, as has WRAP. Indeed, industry has committed to bringing in by the end of this year the solutions that will enable the sustainable recycling of all black plastic packaging. Waitrose, for example, has decided not to have black plastic but to have other plastic—so industry across the piece is working on this.

[The Lord Bishop of St Albans]

My Lords, last year the Environmental Audit Committee recommended a legislated deposit return scheme for plastic drink bottles, which has proved extraordinarily successful in the US, Norway and Germany in improving collection rates and reducing littering. When do the Government plan to do the same in this country?

[Lord Gardiner of Kimble]

My Lords, the right reverend Prelate mentioned litter. One of the problems we face with plastic is that too many of us are dropping plastic, in the terrestrial and marine environments. The call for evidence on the deposit return scheme closed in November. The working group is due to provide advice to Ministers on potential incentives for drink containers early this year. We are—as I say, with an ambitious Secretary of State—looking for progress.

[Lord Anderson of Swansea (Lab)]

My Lords, there has been a common theme among Conservative spokespersons to criticise the performance of the Welsh Assembly Government, and they have recently had to apologise for that. Is this not an area where perhaps those same Conservative spokespersons should be asked to praise the Welsh Assembly Government, who are pioneers in this field? The Government have been rather tardy in following them, so there has been a great loss during the years that the Government failed to follow the lead of the Welsh Assembly Government.

[Lord Gardiner of Kimble]

My Lords, I am a unionist and therefore, wherever things are going well, wherever it is in the country, I am delighted. I have looked into this. In Wales a lot of the recycling percentage—it comes down to weight—is down to the fact that it has done far more food and garden waste recycling. That is why it has a higher recycling rate: 58% compared with 44.9% in England. I am very pleased that there is success in Wales on that. We certainly want to improve that, but there are plenty of local authorities in England with recycling rates of over 60% and I congratulate all local authorities that are recycling, whether it is plastic, food or other materials.

[Viscount Ridley (Con)]

My Lords, with respect to marine pollution, will my noble friend also take a look at the issue of PCBs—polychlorinated biphenyls—and in particular at the work of Paul Jepson of the Zoological Society of London? He concluded that, although PCBs were banned in the 1980s, they are still getting into European seas and are responsible for the fact that the resident pod of killer whales has not been able to have babies around the British Isles for many years.

[Lord Gardiner of Kimble]

My Lords, I take that very seriously indeed. It is fair to say in marine and across the piece that international collaboration is key. Whether it is the G7, the G20, the UN, OSPAR—

[A noble Lord]

The European Union.

[Lord Gardiner of Kimble]

Of course, my Lords. We are in the world leadership on this issue. Noble Lords on the opposite side do not seem to like the fact that our country does rather well at a number of things, and it would be much better if that were appreciated in the same way that I am delighted when Wales, Scotland or Northern Ireland has a success.

Recycling: Chinese Import Ban

Lord Gardiner of Kimble Excerpts

Monday 5th February 2018 Lords Chamber

[Baroness Jones of Moulsecoomb]

To ask Her Majesty’s Government what measures they are taking to ensure that materials collected for recycling by local authorities are not incinerated as a result of the Chinese ban on taking plastic and other waste materials.

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

My Lords, the Government are encouraging industry to access alternative markets and are taking steps to reduce waste and recycle more. Where waste cannot yet be recycled, modern incineration facilities ensure that it can be used to produce energy and to reduce reliance on fossil fuels. These facilities divert waste from landfill and are tightly regulated by the Environment Agency. Our resources and waste strategy will set out further actions to increase recycling and manage waste to incineration.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, we hear fine words from the Government, with lots of promises, reports, press releases from No. 10, and so on. But recently, the UK declined to commit to the EU-wide 65% recycling target by 2035. That target does not seem unreasonable. Why do the Government not put their promises into action?

[Lord Gardiner of Kimble]

My Lords, we certainly need to consider this target carefully. The approach we want to take in future is to support our ambitions in tackling avoidable waste and supporting a circular economy. However, we need to consider this further because we do not want perverse incentives on heavy waste when actually, we need to consider what the most important waste is that we ought to be reusing and recycling more.

[Baroness Gardner of Parkes (Con)]

My Lords, has the Minister seen the suggestion in the press that we should bury all this at £86—I am not sure per what measure, but think of what it would cost; it is expensive now even to suggest that—and then dig it all up again to recycle it when our facilities are available? Surely the answer is for us to set up companies in this country that can carry out the recycling, which would be to our advantage in business and environmental terms.

[Lord Gardiner of Kimble]

My Lords, there is certainly value in waste, and we want to ensure that we have reduced dramatically the amount of waste going to landfill—that is why the landfill tax has been so successful. Interestingly, it is important that we do not put paper, for instance, which creates methane, into landfill; it is far better that that goes for incineration, if necessary, so that we can use it for energy.

[Lord Teverson (LD)]

My Lords, the Government’s 25-year environmental plan promised a waste strategy later this year. Will they take advantage of that and bring forward the target of ending plastic waste by 2042 by a decade or so?

[Lord Gardiner of Kimble]

My Lords, we are extremely ambitious: as your Lordships know, we have some of the strongest arrangements on microbeads, certainly in Europe, if not in the world. We want to go as fast as we can, which is why the resources and waste strategy will be important, and we want to reuse and recycle more.

[Lord Alton of Liverpool (CB)]

My Lords, what studies have the Government commissioned into the environmental hazards that may occur if we start to burn large amounts of plastic waste, and what percentage of plastic can be recycled according to the Government’s own estimates?

[Lord Gardiner of Kimble]

My Lords, following considerable investment, there are now about 40 large municipal waste plants. They are highly regulated by the Environment Agency precisely to ensure that we recover energy and, importantly, they also operate within all the emission tests. I do not have the precise figure for what is currently recyclable but I will write to the noble Lord. However, the whole essence of our objective is to cut the amount of plastic in circulation and to reduce the variety of plastic so that we can recycle ever more.

[Lord Berkeley (Lab)]

In his original Answer to my noble friend Lady Jones, the Minister mentioned that the Government were looking for alternative markets to replace the Chinese market as the current receptacle for much waste. Is it not immoral to say that we are just going to look for another place in the world to dump the rubbish that we should be looking after ourselves?

[Lord Gardiner of Kimble]

My Lords, there obviously need to be alternatives and we are looking at them. Nothing is exported in the way that the noble Lord describes—there are very strong and strict requirements. I agree with him about wanting to recycle more at home but a number of countries—Turkey, Taiwan, Vietnam and India—all have resources and are taking more waste. However, we certainly want to work more on recycling at home.

[Baroness Redfern (Con)]

My Lords, embracing the Chinese ban and implementing further restrictions in the coming years could be an opportunity to overhaul our current system and invest at home. What progress is being made in moving towards a joined-up waste and recycling policy that can respond positively?

[Lord Gardiner of Kimble]

My Lords, the resources and waste strategy will be very important in that regard, and it is encouraging that industry is picking this up. We have already had announcements from businesses about plastic-free brand products, and it is interesting that we are now recycling 60% of our packaging. Therefore, although we need to seek further increases in recycling rates, we are now going in the right direction.

[Baroness Jones of Whitchurch (Lab)]

My Lords, is it not time that the people at the top of the supply chain started taking more responsibility for the materials they produce? Manufacturers are always very quick to blame recyclers for allowing a build-up of waste to occur but, rather than just relying on manufacturers to take a voluntary approach, what are the Government doing to hold them to account for the plastic pollution they produce? That is at the heart of the problem. They need to produce alternatives to plastic but they are not doing that in sufficient numbers.

[Lord Gardiner of Kimble]

My Lords, we certainly need research and co-operation from all to increase recycling rates. Business is beginning to make some important strides. The Co-op, Iceland, Unilever and the packaging industry have committed to implementing solutions to enable the sustainable recycling of all black plastic packaging by the end of this year. We need to collaborate and work with business. We have strong targets and we all have to change many of our attitudes.

[Lord Cormack (Con)]

My Lords, what are we doing to increase and enforce penalties on those who dump household goods and other things in the countryside and, in the process, spoil some of the most beautiful parts of Britain?

[Lord Gardiner of Kimble]

My Lords, I agree with my noble friend that fly-tipping is a terrible blight, whether in towns or the countryside. That is why we have introduced stronger powers for local authorities and the Environment Agency—for example, to seize and search vehicles involved in suspected crime. We have also introduced the power for local authorities to issue fixed-penalty notices and we have just published the waste crime consultation, which proposes providing local authorities with the option of issuing fixed-penalty notices to those whose waste ends up being fly-tipped.

Environment: 25-year Plan

Lord Gardiner of Kimble Excerpts

Monday 29th January 2018 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That this House takes note of A Green Future: Our 25 Year Plan to Improve the Environment and of Her Majesty’s Government’s stated goal of working with communities and businesses to improve the environment within a generation so that it is left in a better state than that in which it was found.

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

My Lords, it is the greatest of privileges to open this debate on the Government’s 25-year plan to deliver our ambition to leave the next generation a better environment than was given to us. In the context of this debate, I declare my farming interests as set out in the register.

The approach we take puts the environment first, and will enhance the daily lives of all who live in our great country. To achieve this, we seek the active engagement of farmers, land managers and the fishermen producing food for us, and who are instrumental in shaping our environment and acting as stewards of our environment. We surely have a moral obligation to protect and enhance the environment, for this and future generations, in harmony with the sustainability of our farming industry and for the benefit of all species with which we share this planet. This transformation must be achieved on an extensive scale, yet delivered through local action. We will continue to work with all the Defra group, including the Environment Agency and Natural England, to make sure that change is implemented in an open and transparent way.

As the Prime Minister and Secretary of State have made clear, protecting and enhancing the environment is a central priority for this Government. A Green Future: Our 25 Year Plan to Improve the Environment sets out the actions that we are taking now and in the future to achieve this ambition. This is not just the responsibility of government; everyone needs to play their part. We all need to act now and ensure that we advance year in, year out. However, as recommended by the Natural Capital Committee in 2015, we need a long-term approach, which is why this is a 25-year plan.

It is also important to remember that environmental change occurs not just across the years but across borders. While this is a plan largely for England, we will continue our strong collaboration with the devolved Administrations and deliver our international obligations as four parts of the UK.

We know that our task extends beyond these shores. We have committed to provide long-term protection of vital habitats and species around our overseas territories through the blue-belt programme, and have committed at least £5.8 billion to help developing countries to mitigate and adapt to the impacts of climate change, reduce deforestation and support cleaner economic growth. We work through the UN, G7 and G20 to tackle marine plastics pollution at an international level.

To achieve our ambition, we have set out clear goals in the plan which maximise the benefits we obtain from the environment. On clean air, significant progress has been made in improving air quality. Since 1970, emissions of potentially damaging sulphur dioxide and nitrogen oxides have fallen by 96% and 69% respectively. Our ambition is to reduce significantly the effect of air pollution on health. Only last week legislation was passed to address air pollution from medium-sized combustion plants and generators.

On clean water, we are determined to improve the quality of our rivers and waters. We have introduced new rules for water relating to farming, which will be in force from April this year. While our rivers may be cleaner than they were 50 years ago, we will continue to work with the Environment Agency, local authorities, farmers and businesses so that we all bear down on pollutants that affect our waters and environment.

We also aim to support our native plants and wildlife to thrive and enhance the beauty of our landscapes. We will help to achieve this by restoring 75% of 1 million hectares of protected sites to favourable condition, and by increasing woodland in England, planting 444,000 acres of trees. We will put the environment at the heart of planning and development to create better places for people to live and work, while maintaining economic growth. We intend to embed an “environmental net gain” principle for development, and explore options to introduce conservation covenants in English law.

We will invest in a new northern forest that crosses the country in a belt of trees to bring accessible community woodlands to an area of increasing population. This project will be a test bed for new, innovative funding mechanisms that seek to combine public and private sector funding, working in partnership with charitable trusts to secure extra funding. We will support people in the UK to engage with nature, but also make it easier for everyone to take action themselves to improve the environment. We will support a year of green action next year and take inspiration from the excellent work of the National Citizen Service and others to advance change.

We are investing £10 million to boost children’s connection with the environment, helping primary schools create nature-friendly grounds. Pupil referral units already do an excellent job for pupils in our most disadvantaged areas and we will support the expansion of school outreach activity, trebling the number of opportunities for people to visit specialist farms for health, social or educational care services.

Enhancing the beauty of our landscapes can often reduce the risk of harm from flooding. That is why we are already investing in natural flood management solutions. We will make sure that national planning policy is maintained and strengthened so that new homes are built in a way that reduces demands for water, energy and material resources and improves flood resilience. We will make sure the resources we obtain from nature are produced and used sustainably and efficiently, on land and at sea. We have set out our core principles for a replacement to the common fisheries policy in this plan, and this will be expanded on in the fisheries Bill later this year. Marine protected areas are vital for the further protection of our marine wildlife and today already cover 23% of UK waters. We will complete our network of marine protected areas by next year.

We must also tread more lightly on our planet and manage the pressures that the environment faces in a more enlightened manner: we must work with nature. We are already taking action to minimise waste. Our ban on microbeads, one of the strongest in the world, demonstrates global leadership in tackling the litter which is so detrimental to marine life. We are exploring ways to use the tax system and charges to reduce single-use plastic waste. We have already announced that we are working with industry to explore introducing plastic-free supermarket aisles, with some notable successes already. By continuing to work with businesses, retailers and local authorities, we will achieve our ambition of zero avoidable plastic waste.

We urgently need to mitigate and adapt to climate change. Although we have cut greenhouse gas emissions by 42% since 1990, our clean growth strategy sets out how we will continue to decarbonise the power sector. We want to encourage more businesses to offset their emissions by planting trees to help us meet our targets. Our national adaptation programme, to be published this year, will set out how we address the risks of climate change and adapt to its impact.

In 2016, we played a crucial role in amending the UN Montreal protocol to deliver a phase-down of hydrofluorocarbons, potent greenhouse gases, by 85% by 2036. We are on track in the UK. This year, we will see a 37% cut in the amount of hydrofluorocarbons placed on the market compared to 2015. We will make sure levels of harmful chemicals are significantly reduced through actions set out in our upcoming chemicals strategy, including exploring how we can bring together our monitoring work to develop a single early warning system for emerging chemicals of concern.

As Minister with responsibility for biosecurity, I place the utmost importance on enhancing biosecurity to protect wildlife and livestock and boost the resilience of plants and trees. We are developing public/private partnerships to encourage greater investment for research into plant and tree health. Our tree health resilience plan, to be published this year, will set out a national-level framework for how we can build the resilience of our trees, supported by the work of our chief plant health officer.

The plan does not sit in isolation. The clean growth plan published in October last year works to reduce emissions and boost economic growth. Our industrial strategy promotes the move towards a regenerative, circular economy safeguarding our future prosperity. Together, alongside Defra’s strategies for clean air, resource and waste, litter and pollinators, they form a coherent approach to boosting economic productivity, prosperity and clean, green growth, while restoring and enhancing our natural environment and tackling the scourge of litter and waste which lets our country down badly. All these objectives are complementary to each other.

To deliver our vision we require reliable data, strong governance and accountability and a robust delivery framework for environmental protection. We will consult shortly on a new body to hold government to account. Whether the new body will assume responsibility for monitoring progress on the goals or provide independent advice will be considered in the consultation.

Strong foundations come from strong principles. We will propose a new policy statement on other environmental principles to apply after we leave the EU. These principles, which underpin EU legislation, are already central to government environmental policy.

The prize to be seized through all this work is for our islands to secure our health and well-being, our livelihoods and a lasting, positive future for the natural world. We must surely act together across all parties and none to achieve these common objectives. The fulfilment of this plan is an imperative for all as it goes to the core of daily life of everyone, wherever they live in this country. That is why the challenges this plan identifies must be tackled. Government and Parliament must give a lead, but for us to advance these objectives each and every one of us in our nation must engage. The words of this plan must, and will, be translated into action. I beg to move.

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.