Agriculture, Fisheries and the Rural Environment

Lord Gardiner of Kimble Excerpts

Thursday 2nd November 2017 Lords Chamber

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

My Lords, I am most grateful to my noble friend Lord Lindsay for securing this debate to discuss the historic opportunities and challenges facing our rural economy, agriculture and fisheries sectors. I declare my own farming interests as set out in the register.

We have a vision of a thriving United Kingdom that offers unparalleled business opportunities, an agricultural community that produces world-renowned produce and a fisheries community with sustainable stocks. The challenges we face on the path to this vision are of the utmost importance to the United Kingdom. As the noble Lord, Lord Cameron, said, they are all mutually dependent and highly interlinked with the future of rural communities.

Your Lordships have all raised essential points and, given the time available, I shall write in detail on those I am unable to cover. It is very clear from the contributions today that this is an important debate as it has given us all an opportunity to reflect on the service of one of our own number. My noble friend Lord Plumb is so venerable that I can say that he knew my grandfather—yet he has a timeless quality. He is held in the greatest respect and affection not only in farming circles or, indeed, in the county of Warwickshire, as my noble friend Lady Seccombe said, or, indeed, in rural areas, but has been widely respected and held in great affection over many decades of public service, both at home and abroad. If my noble friend were a tree, he would surely be an oak: steadfast, resolute and strong. He will be remembered as one of the giants of agriculture, not just over these last generations but of all time. The name of Plumb joins those of Townshend, Bakewell, Coke and Boutflour. We owe him, Lady Plumb and his family a profound expression of gratitude.

The vibrancy of the rural economy goes unnoticed by some. It contributed over £230 billion of gross value added in England in 2016. Rural areas are home to many small entrepreneurial businesses. A quarter of all registered businesses in England are in rural areas. Employment in rural areas is higher than the UK average, with an employment rate of nearly 80% in rural areas compared with 74% in urban areas.

Farming and fishing are the backbone—I used that word before the NFU did—of rural life, helping communities to prosper, shaping the environment and making rural areas places that people want to live in and visit. As my noble friend Lord Inglewood said, the Lake District is now a world heritage site. The unique and treasured landscape has been shaped by people and nature over the millennia. I was very struck by the remarks of the noble Baroness, Lady Mallalieu, on Exmoor—a wonderful part of the country. Tourism is important for rural economies, providing an estimated 13% of employment in rural areas. However, my noble friend Lord Home spoke of litter. This scourge lets our country down and reduces our appeal. I was very taken by what the noble Lord, Lord Hunt of Chesterton, said about marine litter. We must address this. I do not know whether noble Lords saw the footage of Sir David Attenborough and an albatross taking plastic food wrapping back to the nest. It was extremely depressing.

I am also grateful to my noble friend Lord Home for mentioning the volunteers who pull up Himalayan balsam and ragwort. This is where the community can be engaged. I certainly had a wonderful day in the New Forest with a great team of volunteers. Their efforts in pulling out Himalayan balsam have much reduced it in the upper river catchments of that national park. I was pleased that, although their interpretations of recreation may be different, the noble Lord, Lord Greaves, the noble Baroness, Lady Mallalieu, and my noble friend Lord Shrewsbury all recognise that country pursuits create jobs and are an undoubted pleasure, as I well know. They are all key features of the rural economy.

The rural economy is a microcosm of the national economy. The sectoral mix of the rural economy is broadly similar to that across the UK. The main difference is that the proportion of small enterprises is greater in rural areas, and they undoubtedly face different opportunities and challenges arising from their location. The Government are committed to bringing sustainable growth to the rural economy and boosting rural areas, so that people who live in the countryside have the same opportunities as those who live in towns and cities. We want to ensure that rural communities are vibrant, that rural businesses can increase their productivity, and that people in rural communities have improved life opportunities.

As Minister for Rural Affairs and the Government’s rural ambassador, I often speak directly to people living and working in rural areas and to organisations representing rural interests. What impresses me greatly is the sense of community and entrepreneurial spirit, whether it is the parish council, volunteers or the many small businesses that provide employment and services for the area. They all contribute greatly to well-being and prosperity, but there are also steps that government can and must take to support and facilitate growth in rural areas. I was grateful to my noble friend Lady Redfern and to the noble Baroness, Lady Jones of Whitchurch, for what they said. The industrial strategy and the rural productivity plan are absolutely key in helping businesses secure the skills and infrastructure they undoubtedly need to grow.

A number of your Lordships—the noble Baroness, Lady Mallalieu, and my noble friends Lady Eaton, Lady Redfern and Lord Colgrain—spoke in their varying ways about connectivity. Whether mobile or broadband, connectivity is vital for rural businesses and for those who live and work in rural areas. By the end of this year, 95% of homes and businesses in the UK will have access to superfast broadband, but we need to do more. We are committed to introducing a universal service for high-speed broadband by 2020 that will act as a safety net for those areas not covered by superfast broadband. Last month saw the launch of a £30 million scheme to fund rural broadband projects that support economic growth, and over £2 billion is being spent through DCMS’s superfast broadband programme.

The Government recognise the importance of rural proofing. I am grateful to the noble Lord, Lord Cameron, who has worked tirelessly on this. We have now revised guidance on rural proofing on GOV.UK and have improved the ways in which government departments consider the impact of policies on rural areas.

Our farmers, in maintaining world-leading animal welfare, food safety and environmental standards, produce the best. We champion and will continue to champion these high standards in an approach that works for farmers. The UK produces 60% of the food that we consume. The noble Lord, Lord Palmer, and my noble friend Lord Shrewsbury spoke of challenges. I was once asked in an interview what the challenges were. The commentator was surprised when I said, “The first one I was taught about was the weather and the difficulty of wet harvests”, as we have heard from your Lordships.

We are already in a strong position to maximise opportunities. At every stage of the food chain, the UK is creating exceptional food and drink that is enjoyed around the world. In just 10 years, global demand has grown by nearly a third and is now worth £20 billion, providing unlimited opportunities for UK exporters, international buyers and investors. For instance—I have many details but do not have the time—exports in whisky have risen to £4.1 billion. We will continue to promote and enhance the reputation of British food through the Food is GREAT campaign.

In response to my noble friend Lord Lindsay, the Government support the use of geographical indications and will prioritise continued protection of the best of our UK food and drink. The EU rules that currently govern the enforcement of geographical indications will be placed on a UK legal basis through the EU withdrawal Bill.

I was very pleased that my noble friend Lord Cavendish, in particular, as well as other noble Lords, referred to research, development and innovation. They are crucial to improving agricultural productivity. In conjunction with this, we are facing a renewed threat of antimicrobial resistance, and it is essential that we tackle it. Last week, government announced the historic 21% drop in UK sales of antibiotics for use in animals to the lowest level since records began in 1993. We must press for further progress.

I also entirely agree with the noble Baroness, Lady Jones of Whitchurch. We are world leading. The UK has substantial strengths to build on, including a number of world-class research institutes and universities. I say to my noble friend Lady Byford that I look forward to visiting Harper Adams next week. Through agritech and precision technology, the UK is developing innovative ways of optimising production and taking advantage of cutting-edge technology to identify weeds and diseases in crops. Farmers are increasingly engaged in this advance—in particular the next generations coming up. I find the next generation of farmers very enthusiastic about the prospects ahead. One of these challenges—referred to by my noble frienda Lord Caithness and Lady Bloomfield and the noble Lord, Lord Curry—is the issue of soil health and fertility. This must be at the fore of our considerations.

Agriculture is of great importance across the United Kingdom—my noble friend Lord Lindsay’s speech and his references to NFU Scotland were important. That is precisely why the ministerial team regularly meets both Ministers and farmers from all parts of the kingdom. The UK Government are working closely with the devolved Administrations on an approach to returning powers from the EU that works for the whole of the UK and reflects the devolution settlements of Scotland, Wales and Northern Ireland.

As we develop our future farming policy, we are aware of the vital questions on trade policy from the integrated supply chain in Northern Ireland and labour shortages. My noble friend the Duke of Wellington and the noble Baroness, Lady Jones of Whitchurch, referred to these matters. Defra is ensuring that these issues are at the forefront of the EU exit discussions, and we are actively working with the Home Office and industry to ensure that we have the necessary labour we need to harvest our crops and look after our animals. We will continue to work with industry and consumers as we promote and ensure global trade opportunities for the UK and for British agriculture.

In response to my noble friend Lord Cathcart, Defra has been working closely with the industry to review the requirements for secondary cleaning and disinfection. The principles have now been agreed and the Animal and Plant Health Agency is working on standard operating procedures which will minimise the need to dismantle complex machinery, thereby reducing the cost of secondary C&D without compromising—I emphasise that—disease risk, which is our responsibility.

I am pleased that a number of your Lordships raised the issue of forestry and woodland. Indeed, a number of us were at the National Forest reception yesterday. Forestry and woodland are important for so many reasons, be it timber production or our own sense of tranquillity and well-being.

I am acutely aware of my responsibilities as Biosecurity Minister. I can tell the noble Earl, Lord Kinnoull, that the Government are committed to doing all they can to prevent plant pests and diseases reaching our borders. Research, biosecurity and collaboration are key to this. My noble friends Lord Lindsay and Lord Caithness also raised this point. I am indeed determined.

We are committed to developing a future agriculture policy that values the high-quality food and drink that our farmers work hard to produce, sustainable British farming, excellent produce and protecting our treasured countryside, with the twin aim of producing excellent food and enhancing the environment. The noble Lord, Lord Whitty, and the noble Baroness, Lady Scott of Needham Market, made points about the importance of this.

Public money should, and will, reward environmentally responsible land use. We know that good environmental practice and profitable businesses are not mutually exclusive; they run hand in hand. A practical farmer in the form of my noble friend Lady Byford identified that a good environment and a strong agricultural sector are eminently compatible.

On fisheries, we have a clear vision to create a resilient, competitive and ultimately more profitable UK seafood sector, and to deliver a cleaner, healthier and more productive marine environment. The fisheries sector, including marine fishing, aquaculture and processing, contributes £1.3 billion to the UK economy and employs nearly 35,000 people. It is therefore crucial to the prosperity of our coastal communities. I agree with my noble friend Lady Bloomfield that leaving the EU provides opportunities to set our future aims for sustainable fisheries that will support and enhance these communities.

I was also very interested in what the noble Baroness, Lady Jones of Whitchurch, had to say about fisheries. I assure your Lordships that the Government will continue to be a consistent champion for sustainable fishing, based on the best science and evidence. Through the use of initiatives such as fully documented fisheries and on-board cameras, we have been a leading player in the recovery of stocks. An example of this is the recent recovery of cod stocks in the central and northern North Sea. They are being fished within safe biological limits and now have Marine Stewardship Council accreditation.

Our commitment to working with the EU and other coastal states to promote sustainable fisheries will remain as strong as ever. To deliver a profitable fishing industry, we must fish sustainably now and in the future. The UK is fortunate to have global centres of excellence and world-renowned fisheries science. These will be invaluable in achieving our ambitions. As custodians of our own waters, we want to build on our record to ensure that this valuable resource is preserved for future generations to harvest. My noble friend Lord Lindsay rightly wanted assurances that this is seen as a whole-UK point of policy. We are working actively with colleagues in the devolved Administrations, the Crown dependencies and the fishing industry to ensure that we have a successful fishing sector across the whole of the United Kingdom.

As stewards of our own waters, not only will we be able to husband fish stocks more wisely but we will allow our fishing industry to grow sustainably in the future. We can be home to a world-class fishing fleet, be an environmental leader and, in turn, have thriving coastal communities. Again, I know that up and down the kingdom coastal communities are looking to the opportunities they wish to grasp for the prosperity of their companies and the communities they serve in providing an outstanding part of our diet.

In the very brisk gallop to articulate the many points that we wish to make, we should remember that around 90% of the United Kingdom is rural. Our rural communities provide us with many benefits. They are producers of food of globally renowned standards and they are custodians of our fish stocks so that our seas are a sustainable source of food. I think of how brave the many generations of people running the fishing fleets have been. These communities manage much of our natural environment and are a source of employment and recreation, providing places that people want to live in and enjoy visiting. They are many things, and they are also our pleasure and our tranquillity.

My noble friend Lord Plumb has been a champion of rural interests all his life. He has encouraged future generations and inspired many people. In observing the courtesies, I think I can safely say that we all know him as Henry. The rural parts of the country provide us with food and water, thriving businesses, beautiful landscapes and cultural heritage. As my noble friend retires from this House, there is no better legacy for us all than to continue to place the rural interests of our country at the very heart of our national vision.

Air and Water Pollution: Impact

Lord Gardiner of Kimble Excerpts

Thursday 26th October 2017 Lords Chamber

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

My Lords, I am particularly grateful to the noble Baroness for securing this debate, because it has been fascinating.

As we all know, our environment is a complex system in which impacts on air, water, soils, biodiversity and the beauty of natural landscapes are all interlinked. This will be the core theme of the Government’s 25-year environment plan, which seeks to realise our bold ambition to be the first generation to leave the environment in a better state than the one we inherited.

Air and water do not respect boundaries. Water flows across borders and, as my noble friend Lord Caithness said, up to half of the air pollution in the United Kingdom comes from abroad. In 2014, a total of 17 member states reported failure to meet EU limit values for nitrogen dioxide. This underscores our shared responsibility to take action at home and abroad.

As many of your Lordships have highlighted, poor air quality is the largest environmental risk to public health in this country, exacerbating the impact of pre-existing health conditions such as breathing difficulties and heart problems, as the noble Baroness, Lady Jolly, highlighted. As many of your Lordships have said, those most affected are often the most vulnerable: the young, the elderly and the less affluent. Respected organisations have estimated the annual mortality attributable to poor air quality at between 40,000 and 50,000 early deaths per year. That is a dreadful situation.

I want particularly to pick up the point that the noble Baronesses, Lady Walmsley and Lady Randerson, mentioned about children and schools. Many local authorities have introduced measures to raise awareness and influence driving behaviours, especially around schools. I know, for instance, that the City of Westminster has been particularly strong on idling engines generally; but around schools, that is hugely important. Indeed, clean air zones can be specifically designed to take targeted action for schools, hospitals and other areas where young and vulnerable people are most exposed to harmful emissions.

I think we can all agree—and we have definitely all agreed—that this issue has to be tackled. But it is important to note, because it highlights that it is all achievable, that, as my noble friend Lord Robathan stressed, huge progress has been made since those deadly smogs of the 1950s. The noble Lord, Lord Whitty, outlined that since 1970 emissions of sulphur dioxide have fallen by 96%, nitrogen oxides by 69% and particulates by 76%. That has been achieved because of regulatory frameworks, investment by industry in cleaner processes, and a shift towards cleaner forms of energy.

I very much endorse what the noble Baroness, Lady Walmsley, said about trees and gardens—in fact, there are two beehives at the Defra offices. Because Grown in Britain was only a fortnight ago, I showed my solidarity by going to—

[Lord Framlingham (Con)]

The Minister is well aware of my keen interest in the planting and care of trees, particularly in urban areas, and I agree very much with everything that the noble Baroness, Lady Walmsley, said. I was very badly affected by the news from the noble Lord, Lord Whitty, that already this ridiculous HS2 project is costing us mature plane trees in London. But could the Minister confirm that when—not if—Brexit happens, it will present us with a golden opportunity to tighten our rules on importing trees and improve our biosecurity, which at the moment presents a great threat to our indigenous tree population?

[Lord Gardiner of Kimble]

That is why my noble friend will be very pleased that Grown in Britain is an initiative that I very much encourage.

I am very much looking forward to visiting in every diocese an ozone garden, as the right reverend Prelate the Bishop of Salisbury outlined. While these achievements show what we can achieve, we know that more must be done. The evidence of the damage from poor air quality to health and the environment has grown significantly in recent years. The most immediate challenge is tackling nitrogen dioxide concentrations around roads—the only statutory air quality limit that the UK is currently failing to meet. In 2008, the UK Government, I am sure in good faith, signed up to tougher standards, based on the assumption that they would solve our roadside air quality problem, but this of course was to no avail. Current Euro 6 diesels emit, on average, six times the laboratory test limit. We should all be pleased that our country led the way in securing the new real driving emissions testing.

As the UK improves air quality, air quality hotspots are going to become even more localised, and the importance of local action will increase. I take a contrary view to the noble Baroness, Lady Jones of Whitchurch, in that the work we need to do with local government is going to be absolutely imperative. As we get to and reduce the hotspots, it is local knowledge that will enable us to resolve this issue. That is why, in May this year, the UK Government published a clean air zone framework, setting out the principles that local authorities should follow in setting up clear air zones in England. That framework empowers local authorities to make the most of the opportunities offered by the Government’s air quality plan.

The Government have committed £3 billion in varying ways to improving air quality. There is the more recent £255 million fund to support local authorities with persistent nitrogen dioxide concentration exceedances, and £1.2 billion for a cycling and walking investment strategy. The noble Baroness, Lady Miller, raised this very important issue. There is £1 billion for improving the infrastructure for ultra-low emission vehicles, and £290 million to reduce transport emissions as part of the National Productivity Investment Fund. Indeed, that money is making a difference. The Clean Bus Technology Fund has reduced emissions of nitrogen oxides from almost 3,000 older buses by 75%. Retrofitting school buses in Manchester resulted in a 92% reduction after two years in service. The Local Sustainable Transport Fund has resulted in 780 km of new cycle routes, 230 upgraded rail stations, and 200 better bus services. Nitrogen dioxide emissions fell by almost 20%—

[Baroness Jones of Whitchurch]

I am sorry to interrupt the Minister, but the issue that none of us can understand—not just we on these Benches, but lots of campaigners and so on—is why the Government will not just adopt a new clean air Act. It is such a simple thing, and would provide a framework for a number of the initiatives he is talking about. However, it would also provide statutory backing for some of the things that are currently voluntary requirements of local authorities, and which frankly are not happening.

[Lord Gardiner of Kimble]

I was going to get to that but I am afraid my time is getting increasingly short because of interventions, so I may have to write in more detail on a lot of these matters.

By next year, 92% of the road miles which we are monitoring—the ones more likely to be of concern—will comply with average annual concentration limits. I hope that the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Strasburger, will be pleased that, per capita, we have reduced emissions faster than any other G7 nation. I agree with the noble Baroness, Lady Jolly, and all other noble Lords that we must go further. The Government have announced they will end the sale of all conventional diesel and petrol cars and vans by 2040.

[Baroness Randerson]

Does the Minister not think this is rather late in the day, given that several of the manufacturers have already said they will cease to produce them in the early 2020s?

[Lord Gardiner of Kimble]

That is the target we have set. As I say, I am very happy to take interventions, but I will not then finish this speech.

The noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Whitty, called for a new Clean Air Act. We will be bringing forward a new clean air strategy for consultation next year and listen with interest to views on whether we can improve our existing regulatory framework. However, more legislation is not always the answer, and we are determined to get on and tackle the problem with the many tools already at our disposal.

Research and infrastructure will be critical. I hope that the noble Lord, Lord Strasburger, will be pleased to hear this. The £246 million Faraday Challenge will boost expertise in battery technology, supporting collaboration across British companies of all sizes. Co-operation between public and private endeavours, with entrepreneurs like James Dyson investing £2 billion in research into electric vehicles, will put Britain at the vanguard of this innovation.

We have seen a sevenfold rise in charge points since 2010 and we have Europe’s largest network of rapid charge points. A fifth of electric cars sold in Europe in 2016 were made in this country. We are supporting consumers with combined grants of up to £5,000 to purchase a ULEV and install domestic chargers. ULEV registrations increased by 40% between 2015 and 2016.

As noble Lords have said, everyday activities are also emitting dangerous air pollutants. While all these activities are essential in principle, there are better, cleaner technologies and simple changes that can make a big difference. Medium combustion plants and generators providing power to the national grid are currently significant and largely unregulated sources of air pollution. We are introducing legislation which is expected to reduce these emissions.

Domestic wood and coal burning accounts for 39% of total harmful particulate emissions. Last month the Government launched the Ready to Burn scheme, working with industry and retailers to persuade households to shift from wet unseasoned wood to ready-to-burn wood. The noble Baroness, Lady Jones of Whitchurch, is right to raise this and, as a farmer, I would be concerned about it. In 2015 agriculture accounted for over 80% of total UK ammonia emissions. To reduce this, we have provided practical help for farmers through the Farming Ammonia Reduction Grant Scheme, which has funded slurry store covers, and can reduce emissions by up to 80% during slurry storage. We are also providing on-farm advice.

As far as water is concerned, the health of our rivers, lakes, estuaries, coasts and marine environment is hugely important. I am pleased that a number of noble Lords have mentioned clean seas in the overseas territories where we have undertaken some very good work. I was also struck by what the noble Lord, Lord Jones of Cheltenham, said about our responsibilities overseas. It was a pity that my noble friend Lord Bates was not sitting alongside me to have heard the noble Lord’s contribution. I will make sure that my noble friend sees Hansard. DfID leads our work to end extreme poverty and access to clean water and sanitation is essential to this mission. In another life, I was very struck when I heard about WaterAid installing solar panels to enable wells to be used which have transformed people’s ability to succeed in their agricultural endeavours.

We have set ourselves ambitious targets to return at least three-quarters of our waters to as near their natural state as possible and to improve the rest significantly. Ours is a populous country. We have the industrial past to contend with and continued pressures from agriculture, sewage and urban development. Thanks to previous efforts across the water sector, our water environment is in its healthiest state since the Industrial Revolution. Since privatisation, £25 billion has been invested in sewerage and wastewater infrastructure. The amount of phosphorous discharged from sewage works has reduced by 61% since 1995, and ammonia by 72%; and 7,000 storm overflows have been improved. These investments have improved over 9,000 miles of our rivers and substantially improved the quality of our bathing waters. Last year, nearly 98.5% of our bathing waters met new, more stringent standards, compared with 45% meeting lower standards in the mid-1990s. I agree with the noble Baroness, Lady Miller, that more must be done. That is why we want to work collaboratively with a range of partners to drive forward improvements.

As there have been a number of reports on the state of our rivers, I commend to your Lordships the publications of the Environment Agency, including on the environmental performance assessment, which found that the number of serious water pollution incidents has reduced by more than half in the last 15 years, and that 75% of the tests we use to measure the health of rivers and lakes in England have results of good or high status. However, it is essential that we are not complacent. We must build on this. The water industry is already working on tougher targets and we support it in improving its planning and investment in wastewater infrastructure.

Our statutory river basin management plans provide the framework for protecting and improving our water environment. Current plans confirm over £3 billion of investment by water companies in the environment over the next six years. Already, 1,400 miles of rivers and surface waters in England have been enhanced as we move towards our goal of 5,000 miles by 2021.

I am very pleased that the noble Lord, Lord Lee of Trafford, mentioned fishing. Indeed, only a few days ago I was thinking about the number of fish species now in the River Thames that never would have been there many years ago. I very much resonate with his comment that in so many cases the fishing community has often been the first to highlight instances of pollution and I thank that community for its work on that issue. We need to ensure that our rivers become ever clearer not only for drinking but for sporting purposes.

We continue to work with the farming industry. Agriculture is now the most significant source of pollution in our waters, mainly due to run-off of phosphates and sediment into watercourses. We recognise the efforts of farmers to date in reducing pollution and we wish to continue to work with them collaboratively because we must do more. The noble Baronesses, Lady Jones of Whitchurch and Lady Miller, referred to agriculture in particular. I have a lot of information and I shall write to your Lordships on that. Defra’s catchment-sensitive farming programme works with farmers to identify the actions they can take to improve both the environment and their businesses through nutrient management, soil husbandry, management of farmyard manures and use of pesticides. We have also provided £12 million since 2009 for demonstration test catchments to ensure that we have robust evidence on how agricultural pollution can be controlled.

We equally need to address the issues that arise from urban growth. We have recently set out strategic priorities and objectives for Ofwat, the water industry regulator, to challenge water companies to improve planning and investment. We wish to work towards a resilient, affordable sewerage and drainage system for the long term. The noble Baronesses, Lady Jones of Whitchurch and Lady Miller, mentioned sustainable drainage systems. The Government introduced measures to encourage sustainable drainage systems in new developments. They are considering what further measures may be necessary, because these are obviously hugely important.

A number of points were raised about how water companies are working. We need to ensure that the treatment of pollution is as efficient as possible, and we need to remove particulates. Many of your Lordships referred to plastics, which cause much of the pollution in our seas. A very high proportion of marine pollution comes from the land through rivers, so we must address this issue. We have very strong ambitions on plastics, and I am pleased that our country has been pushing forward with a ban on microbeads. I and my ministerial colleagues want to do as much as we can on that front.

In that respect, I think that many of those in the environmental world will recognise that the Secretary of State has a vision of a green Brexit. He has stated very strongly that we need great passion to ensure that we put into practice proper custodianship and stewardship of the planet. It is important to recognise that the air we breathe and the water we drink are dependent on that stewardship.

The noble Baroness, Lady Jolly, mentioned devolution. Although these are devolved matters, we work very closely with the devolved Administrations. As I said earlier, that is essential, as boundaries do not respect pollution.

We in this country want to set very high standards. We produced the Clean Air Act in 1956, 17 years before we became a member of the EEC. That commitment will remain and we have a strong wish to enhance it. Our environment plan is intended for that purpose. Public and private investment, building on shared expertise and knowledge, will ensure that the people of our country can breathe clean air and drink and enjoy the clean water that they deserve. I agree with my noble friend Lord Caithness that that is of paramount importance, and I believe that it is our duty to secure it.

Animal Welfare Offences

Lord Gardiner of Kimble Excerpts

Tuesday 24th October 2017 Lords Chamber

[Lord Allen of Kensington]

To ask Her Majesty’s Government what plans they have to increase the current penalties, including custodial sentences, for animal welfare offences in England to bring them into line with the European average.

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

My Lords, on 30 September the Secretary of State announced that the Government will increase the maximum penalty for animal cruelty from the current six months’ imprisonment to five years’ imprisonment. My understanding is that the European average is 2.04 years’ imprisonment.

[Lord Allen of Kensington (Lab)]

I am particularly encouraged by that response, but we should put it in context. Germany three, Ireland five, Latvia five, Finland four, Spain three and Northern Ireland five—those are not the football scores but the number of years that people would spend in prison if convicted of animal welfare offences. As the Minister said, we have six—a shameful six months, not years. Could the Minister explain why we have been out of line for so long with our European neighbours, with public opinion and with the wishes of the Select Committee, which recommended five years? However, I am particularly encouraged that there is a process in place to make those changes and would be interested to understand the timeframe in which we will see these changes being put into practice.

[Lord Gardiner of Kimble]

My Lords, I said what the European average is. Before the Bill is brought forward, there will be a draft Bill which I very much hope we will publish later this year—not very long—so that we can get this done as soon as parliamentary business permits.

[Viscount Hailsham (Con)]

My Lords, as one who is very concerned about overcrowding in prisons, I urge my noble friend to extend custodial sentences only to the most serious offences and, whenever possible, to use non-custodial alternatives.

[Lord Gardiner of Kimble]

My Lords, I understand that and indeed we considered it, but we think that for the most heinous crimes we should increase the sentence from six months. It would be helpful if your Lordships knew that currently an average of three people per year have been sentenced to the maximum, which gives an indication of the numbers involved.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, if Brexit happens, will the Government ensure that it remains a criminal offence to import animals or birds captured in the wild? Before the EU brought in a ban, the UK was a ready market for people who pillaged other people’s jungles and wild places.

[Lord Gardiner of Kimble]

My Lords, it is very important that we are understanding of the importance of not importing animals and birds that we should not. Indeed, we want not only to maintain what is going to come back from European law but in many cases to advance it.

[Lord Trees (CB)]

My Lords, I welcome the strengthening of the sanctions for animal welfare offences. More than that, though, there is an increasing realisation that people who abuse animals frequently abuse, or go on to abuse, human beings. I pay tribute to the Links Group for drawing attention to that relationship. Given that, does the Minister agree that not only will strengthening the sanctions reduce the abuse of animals but it may also help to protect vulnerable people from abuse?

[Lord Gardiner of Kimble]

My Lords, whether it is abuse against animals or against human beings, we must do all that we can to reduce the scope for it. With this proposal, we are sending the very strong message that for heinous crimes there will be, among other things, the sanction of a custodial sentence of five years.

[Earl Cathcart (Con)]

My Lords, I welcome the increased sentences for the most heinous cruelty to animals but, given what my noble friend Lord Hailsham said, should we not also be banning these people from keeping animals for life or, if not for life, then for a very long time?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, it is the case that in addition to imprisonment we can impose through the courts an unlimited fine. My noble friend is right: one of the ways to protect animals is the disqualification route, and indeed that can be for life. It is very important that that includes having any influence over the way that an animal is kept, and obviously that could include an animal that belonged to another family member. The most important aspect of our sanctions is to reduce the scope for cruelty and to root it out.

[Baroness Jones of Whitchurch (Lab)]

My Lords, we very much welcome the Secretary of State’s recent announcement of an increase in maximum sentences, as the Minister has described, but does he accept that the law is only as good as the people who will need to enforce it? For instance, the Dogs Trust has repeatedly highlighted the scandal of puppy smuggling into the UK. It is done not by individuals but by organised gangs which, as we know, frequently keep underage puppies in appalling conditions. Does he accept that more police and border control resources are needed to stop this cruel practice, otherwise the law becomes meaningless?

[Lord Gardiner of Kimble]

My Lords, what the noble Baroness has said is absolutely on the dot: we need to drive down on the illegal smuggling of puppies. That is why I endorse what the Dogs Trust has done in working with Kent County Council, Border Force and the transport companies. We absolutely want to rout out the illegal smuggling of puppies. That is one of the reasons why it is so important that we invite people who wish to have pets to consider rehoming and make sure that, if they want to buy a puppy, they see it interacting with its mother—look to those sources and do not go for puppies that very often arrive in this country ill.

[Baroness Masham of Ilton (CB)]

My Lords, will the Minister tell us whether there are going to be CCTV cameras in slaughterhouses to help prevent cruelty?

[Lord Gardiner of Kimble]

My Lords, as the noble Baroness has suggested, we have just closed our consultation on the mandatory nature of CCTV in all slaughterhouses. We think that this is important: we have been consulting with industry and stakeholders because we think that this is necessary. We will bring forward secondary legislation on this matter before Parliament early next year.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, in response to a Question that I asked on 1 March this year, the Minister told me that legislation to prevent wild animals being used in circuses was going to be brought forward by this Government. Seven months later, however, there is still no legislation, despite there being cross-party support for it and huge public support. Will the Minister tell us when this legislation is going to come through? Last time, the Minister was kind enough to give me a list of the animals that are still in circuses, which included a racoon, so there is no need to repeat that.

[Lord Gardiner of Kimble]

I do have a list of 19 animals, but I will not enumerate them. Clearly, we have a desire to prohibit the use of wild animals in circuses. I am not in a position to say when parliamentary time will permit, but we wish to do this. That is why, in the meantime, the regulations we have for the two travelling circuses to look after the care of the 19 animals is so important.

[The Lord Bishop of St Albans]

My Lords, in the light of the Brexit debates on agriculture and other matters, can the Minister assure us that Her Majesty’s Government will ensure that in future, after Brexit, the regulations requiring very high standards of care for animals that are being bred and transported in this country will continue to be applied to animals that are brought in from other countries with lower standards?

[Lord Gardiner of Kimble]

My Lords, I think that my Secretary of State has made it very clear that we wish to enhance animal welfare standards. That means precisely that we do not wish to see produce or animals coming into this country that are not looked after to the same standards that we would expect from our own farmers and producers.

Brexit: Agriculture and Farm Animal Welfare (European Union Committee Report)

Lord Gardiner of Kimble Excerpts

Tuesday 17th October 2017 Lords Chamber

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

My Lords, I am most grateful to the noble Lord, Lord Teverson, and the committee for the reports on agriculture and farm animal welfare. They provide—as have all the previous reports to which I have had the privilege of replying—such an important and useful resource as we move towards exit and develop further our future farming and animal welfare policy. I of course agree that the Government have a key role to play in securing a positive future for farming and our countryside. It is appropriate here that I should declare my own farming interests, as set out in the register. As your Lordships have said, 70% of UK land is farmed, so our decisions on future agricultural policy will have a profound effect on our natural landscapes and rural communities for years to come.

The committee’s reports raise a number of important areas relating to trade, access to labour and future funding arrangements that require our attention. As your Lordships will know—I am afraid that I will say it again—this Government are committed to ensuring we leave our environment in a better state than it was in when we found it. We are working to drive forward our vision for a vibrant agricultural sector, underpinned by high animal welfare and production standards. I am delighted that the noble Lord, Lord Vaux of Harrowden, has chosen this debate to make his maiden speech. His experience of these matters, and some of the others that he has mentioned, will be invaluable in our deliberations.

I hope your Lordships will also accept that, although I shall endeavour to respond to as many questions posed by your Lordships as possible, I shall follow up this debate with a detailed response, because if I answered every one of the questions asked in the debate, we would all be here at midnight.

However, it is important to address the issues raised in the reports, and, obviously, one of the key elements was agriculture seeking clarity on future funding arrangements. It is clear that farmers will need time to adjust to any rearrangements. That is why the Government have a manifesto commitment to maintain the same cash total in funds for farm support until the end of this Parliament. I know that my honourable friend the Farming Minister, George Eustice, has been in communication with the noble Lord, Lord Teverson, and has confirmed that the figure includes all EU and Exchequer funding provided for farm support under both Pillar 1 and Pillar 2.

My noble friends Lord Jopling and the Duke of Montrose, and the noble Lord, Lord Krebs, posed the question of how we can become more productive and grow more food. The Government are showing their intent by facilitating investment to enable the industry to become more productive and innovative. Through the UK Government agritech strategy, launched in 2013, £80 million has been invested in four world-class centres for agricultural innovation to support the wide-scale adoption of innovation and technology in the food and farming supply chain. We are already seeing new partnerships form, for instance between one of our centres for agricultural innovation and the National Institute of Agricultural Botany on potato yields.

The Government are also developing a modern industrial strategy with the aim of improving productivity. The food and farming sector plays a key role in our rural communities in this country, so it is well placed to contribute to our aim of improving productivity across the nation. The noble Lord, Lord Curry, who has great experience of agriculture, and I will want to reflect on that in greater detail.

I also endorse the committee’s recognition that we have some of the highest farm animal welfare standards in the world. To me, coming from a farming background, good stockmanship and husbandry are matters of principle for the overwhelming majority of farmers, who have the utmost respect for their animals and their welfare. We have some of the most robust animal welfare legislation in the world, and I say to the noble Baroness, Lady Jones of Whitchurch, that we have made it clear that when we leave the EU we will not only maintain but, where possible, seek to improve our high standards. We have already announced a number of measures to strengthen our current standards, and all have been welcomed very widely. I hope that those will also be endorsed by the noble Baroness, Lady Miller, and the noble Lord, Lord Trees. The Secretary of State recently announced that we will publish draft legislation for consultation around the turn of the year to increase the maximum sentence for animal cruelty offences to five years in prison.

We are delivering on our manifesto commitment to require CCTV in every slaughterhouse in England and have recently concluded a public consultation on this issue. The noble Lord, Lord Rooker, referred to these matters in part of his speech. We also have a manifesto commitment that, as we leave the EU, we can take early steps to control the export of live farm animals for slaughter. We are also raising standards on farms by modernising the English statutory welfare codes, another move which has been welcomed by industry. The updated codes of practice—

[Lord Davies of Stamford]

My noble friend Lord Rooker particularly suggested in the course of his excellent speech that we ought in this country to make it mandatory to state what method of slaughter has been used when meat is sold. Do the Government endorse that objective?

[Lord Gardiner of Kimble]

If the noble Lord had been a little more patient, I would have come to that matter. I assure your Lordships that I will come to it.

We have already consulted on a new code for meat chickens and plan also to prepare new codes on laying hens and pigs. These measures will demonstrate to consumers at home and abroad—the noble Baroness, Lady Jones of Whitchurch, rightly referred to this—that our food is produced to the very highest standards. I believe it will serve to entrench the UK’s position as a global leader in animal welfare.

We will of course continue to ensure that our high animal welfare standards are underpinned by robust science and evidence. Our research programme in Defra is complemented by the independent advice that we receive on specific welfare issues from the Farm Animal Welfare Committee. In addition, the Animal Health and Welfare Board for England has strategic oversight of Defra’s animal health and welfare policy and supports the department in its partnership working with industry. We will continue to work closely with Defra’s delivery bodies, including the Animal and Plant Health Agency, on the enforcement of animal welfare standards to make sure that we improve our current delivery of farming policy and pave the way for a smooth transition to a future system.

I was most grateful for the invitation from the noble Earl, Lord Kinnoull, and the noble and learned Lord, Lord Hope of Craighead. In fact, I attended a conference in Dundee earlier this year and, on my way, saw for myself in Tayside and Perthshire the enormous importance and traditions of fruit-growing in that part of Scotland. The noble Earl and the noble and learned Lord, together with a considerable number of other noble Lords, raised the question of access to labour and seasonal labour. It is important that I say that the Government are working very closely with the Home Office, business and communities on this significant issue.

In both reports, the committee stresses the importance of developing future policy that addresses the agricultural sector’s labour needs. My honourable friend the Farming Minister attended the Seasonal Workforce Working Group, which brought industry and government together to discuss seasonal labour needs and to share potential solutions and best practice. I say to the noble Earl, Lord Kinnoull, the noble Lord, Lord Vaux, and the noble Earl, Lord Sandwich, that I encourage all relevant sectors to contribute to the Migration Advisory Committee’s call for evidence. It is very important that, in considering these matters, all relevant sectors make their contribution.

One of your Lordships said that this has been a debate of the giants and, although I have a brother who is a vet, I am very conscious of that when the noble Lord, Lord Trees, is present because he speaks with such experience and authority. I assure your Lordships that I have regular meetings with the British Veterinary Association and the Royal Veterinary College —it is my privilege to lead on animal health and welfare. In government we absolutely recognise the key role played by vets in ensuring high animal welfare and health standards. Indeed, the Prime Minister specifically made it clear that securing the status of the veterinary workforce is a top priority. It has been my privilege to meet many EU nationals who serve in our veterinary profession and I can say how important they are to us.

A number of your Lordships also stressed the important work that is being done and must be done with the devolved Administrations, and I am very conscious of that. Many noble Lords mentioned that but I was very conscious of what the noble Lords, Lord Teverson and Lord Rooker, as well as the noble Lord, Lord Wigley—as I would expect, quite rightly—the noble Lord, Lord Liddle, and the noble Baroness, Lady Jones of Whitchurch, had to say on the matter. I would be the first to say that all these matters are extremely complex. It would be absolutely daft to suggest that any of the matters we are discussing are straightforward; they are extremely intricate. However, it seems to me that we need to ensure the effective functioning and maintenance of the UK’s single market, both to preserve the internal market and to ensure that the UK can meet its external trade commitments.

It is also essential that we ensure that the devolved Administrations are confident about co-operative working. Importantly, the Secretary of State has had, and will be having, many meetings with them to discuss such collaborative working. It is essential that the UK Government continue to work closely with our colleagues in the devolved Administrations on an approach to returning powers from the EU that both works for the United Kingdom as a whole and reflects the devolution settlements of Scotland, Wales and Northern Ireland. A number of your Lordships mentioned the historical importance of our connections with both Northern Ireland and the Republic.

Turning to future trading arrangements, I agree with your Lordships that all potential impacts of new trading relations on the agri-food trade must be considered carefully and that the Government should work and consult widely with producers and consumers. We are determined to create the best trading network and framework for the UK. So many of your Lordships raised this issue and I am very conscious of their experience. My noble friend Lord Jopling has experience as a Minister, and he is worried about going back to the dilemmas of the 19th century. However, it is important that we work strongly on finding the right way forward. The Government plan to replicate broadly the EU’s current schedule of WTO commitments. This would mean that our bound tariffs—the maximum that can be applied—would not be reduced from current levels. Some WTO members choose to apply tariffs at a level below their bound rate. As the committee noted, such a decision has impacts on different groups, including farmers, consumers and the food industry.

We are making a proposal that is consistent with the WTO rules and are committed to engaging extensively in the coming weeks and months. We have hosted meetings with food and farming and fishery organisations across the breadth of the country to ensure that their views are fully represented. The Secretary of State has been clear that we cannot compromise our high environmental and animal welfare standards. That point was raised in particular by the noble Lord, Lord Teverson, my noble friend Lord Howard of Rising and the noble Viscount, Lord Hanworth, but I think it is shared by all noble Lords.

It is essential that consumers have confidence in the food they eat. That is an issue that the noble Lord, Lord Rooker, in part of his career, was very conscious of. Many consumers prefer British farm produce, given the trusted high standards we apply and the confidence they have in our sector. The retail and catering sectors, too, play a key role in promoting higher animal welfare standards throughout the food chain. I say to the noble Lord, Lord Davies of Stamford, that this is where I will refer to the noble Lord, Lord Rooker. Leaving the EU does indeed present us with an opportunity to decide whether current labelling rules on animal welfare and other matters are as they should be. Obviously, we will be considering this matter—another point that the noble Duke, the Duke of Somerset, raised.

I sense that, other than the noble Lord, Lord Teverson, there has been more pessimism than optimism in some of tonight’s contributions. It is very important that in our deliberations we are rightly proud of our food and drink industry. The global demand for British produce is growing, with exports of UK food and drink surpassing £20 billion for the first time last year. Whisky is the UK’s top export at £4.1 billion, with cereal and associated products at £2.3 billion, dairy at £1.4 billion and meat at £1.6 billion. Indeed, given that the noble Lord, Lord Wigley, spoke tonight, I must mention also the excellent Welsh lamb, with exports worth £111 million last year out of a lamb total of £326 million. As your Lordships have said, these are enormously important parts of our rural fabric and it is essential that we work to ensure their continuing success.

[Lord Rooker]

What is the answer for farmers and primary food producers who have to make a commercial decision by the end of this year because the production process will take them beyond April 2019, when they will lose their markets if the issues are not settled? What is the Government’s answer to those people? Thousands of people need to make decisions at the end of the year about entering a production process when, at the end of the day, they may not be able to sell the product.

[Lord Gardiner of Kimble]

I understand that. It is why we are working night and day. I say to the noble Lord that we are not a lazy department. The department has the responsibility and its Ministers and officials are working night and day in the British interest and for British farmers. I would be grateful if that was recognised by some of your Lordships.

The noble Lord, Lord Krebs, rightly referred to the fact that the Secretary of State set out in his speech to the WWF in July that we need to take the opportunity, outside the common agricultural policy, to ensure that public money goes to reward environmentally responsible land use. That is why we have pledged to work with farmers, food producers and environmentalists across the UK to devise a new agri-environment system. In doing so, we will be able to recognise better the valuable work done in our rural communities, in which food production and good environmental land management run hand in hand. Many custodians and farmers of the land recognise that. It is my privilege to meet many farmers and land managers and they are much more positive than many of your Lordships have suggested about agri-environmental schemes and working to increase food production.

The EU (Withdrawal) Bill will convert the existing body of EU environmental and animal welfare law into UK law. That is very important. I agree with the noble Lord, Lord Greaves, that food waste is an issue that we all in this nation should grapple with. I am grateful to the noble Lord, Lord Teverson, and the noble Earl, Lord Kinnoull. I said— forgive my passion—that I see officials working night and day and how excellent they are, and Defra has recruited more than 450 additional staff, comprising policy generalists and specialists to support our comprehensive exit programme. More than 350 have already taken up posts, with the remainder currently progressing through our pre-appointment processes. They are welcome and very important to us.

I am also seized—this comes within my responsibilities —by what the noble Baroness, Lady Miller of Chilthorne Domer, said about pet passports and equine sector issues. I was in Newmarket talking to equine interests and pet passports came up only this morning in discussions. It is very much work in hand.

We can all agree and unite on many issues where we have to work in partnership. This is where a wide range of stakeholders come in as we develop our future agriculture policy.

I am struck by the words of the noble Baroness, Lady Miller, about future generations. Not only do we want a domestic farming policy that encourages the current generation but it is absolutely essential that we encourage future generations. That is why innovation, agritech, agricultural colleges and all that we are doing is about the future generations who will farm the countryside and the land for us, to produce top-quality food and to address soil health management, which I know the noble Lord, Lord Krebs, is particularly interested in. He used to advise me on the issue when he chaired the Climate Change Adaptation Sub-Committee. We need these advances in agritech. We need to produce high-quality food and enhance our environment.

From the outset, both reports have been of immense value in highlighting many of the matters we are wrestling with. A thriving farming industry with improved environmental conditions and high animal welfare standards: we ask our farmers to do an enormous amount. I am conscious of what the noble Lord, Lord Liddle, said about farming in the communities of Cumbria—indeed, in all the rural counties of Britain—playing a key part. It is the backbone of the countryside and provides so much for us.

We need to commit to developing a future farming policy that produces a vibrant agricultural, horticultural and, indeed, forestry sector that plays its part in developing a better environment for future generations and champions the highest possible welfare standards. I repeat, the noble Lord, Lord Teverson, gave a considered and rounded speech about the opportunities, challenges and the enormous complexities of this. It is our responsibility to get it right, and that is what the department responsible for this issue is working night and day to secure.

Breeding: Dogs and Cats

Lord Gardiner of Kimble Excerpts

Wednesday 13th September 2017 Lords Chamber

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

My Lords, my department has already announced proposals to enhance the welfare of animals in relation to the breeding of dogs and the commercial selling of all animals. The proposals include lowering the number of litters under which a dog breeder needs a licence, prohibiting the sale of cats or dogs under eight weeks of age and the introduction of up-to-date statutory minimum welfare conditions for all licensees.

[Lord Black of Brentwood (Con)]

My Lords, I thank my noble friend very much for that Answer. Will he join me in paying tribute to all the charities and their armies of volunteers who care for cats and dogs in distress? Is he aware that an issue of growing concern to them all is the unregulated breeding of brachycephalic animals such as pugs or Scottish fold cats, which are bred—genetically modified—for cosmetic purposes to have flat faces, but as a result often spend a life in intolerable pain, unable to breathe properly? Will he take action to introduce regulation, such as now exists in Switzerland, to put an end to the torture breeding of animals that are literally born to suffer?

[Lord Gardiner of Kimble]

My Lords, undoubtedly I acknowledge the exceptional work of the charities and volunteers, and indeed it is my privilege often to work with them. I share my noble friend’s concern. Only yesterday, I met representatives of the British Veterinary Association and the Kennel Club to consider how best we can resolve this issue of genetic defects. We will be working with interested parties on how the issue can be effectively tackled and how best we can frame this in regulations.

[Lord Trees (CB)]

My Lords, I support the noble Lord, Lord Black, in what he said. Many people—well-meaning people—keep certain breeds, which, because of their conformation, are so deformed that they will suffer ill health and stress throughout their lives. The popularity of breeds such as the French bulldog and the Scottish fold cat is increasing, partly endorsed by advertising, celebrity endorsement and social media. While it may be difficult to introduce legislation, does the Minister agree that we should do all that we can to persuade people that the keeping of such breeds is not cool?

[Lord Gardiner of Kimble]

My Lords, it is important that we respect our animals as they are in their native state. It is important that we address this point; it is not reasonable, and in fact it is self-indulgent, to breed animals with these genetic defects. So we want to deal with it, and it is important that we do so. This crosses a number of breeds whose conditions we need to improve. This is why we are working in particular on things such as pet advertising—we want to raise standards on the online side of these things. We are working on this because we recognise how important it is for the welfare and health of these animals.

[Lord Redesdale (LD)]

My Lords, the Minister has mentioned online sales of animals. Will he take the recommendations of the Pet Advertising Advisory Group, which is chaired by the Dogs Trust, to make it obligatory—not just voluntary—for websites to make sure that the picture of the pet that is on sale is of the animal itself? Many pets are advertised with beautiful pictures of healthy animals, but when the prospective owner comes to pick up their pet they find a sickly, badly-bred animal and of course feel sorry for it and therefore pay for it, which increases the trade in this way.

[Lord Gardiner of Kimble]

My Lords, the noble Lord is absolutely right; the Pet Advertising Advisory Group is driving up standards, and we support that. However, this takes us back to one of our problems, which is that of demand from the public who want to buy a puppy. One of the most important things they should think about is whether they can go to a rehoming centre to buy a dog or cat. If they want to buy a pedigree puppy or kitten, they should look to responsible breeders and in particular see the animals in the environment of the mother. It will become illegal to buy a puppy under eight weeks old, so I hope that we will make some progress on this.

[Lord Winston (Lab)]

My Lords, I congratulate the noble Lord, Lord Black of Brentwood, on his humanity and his important question on the care of animals, and I respect the Government’s response. However, will the Government take into account that genetically modified animals are extraordinarily important for medical research—for example, in the treatment of cancers? It is important that we must not muddle the two issues if it comes to legislation and regulation.

[Lord Gardiner of Kimble]

My Lords, the noble Lord has probably hit on some of the issues that I was discussing with these organisations. How do we best frame in regulations the very things that your Lordships feel strongly about, yet also the advances that we can have in not only medical but veterinary science? It is important that we get that right.

[Lord Lexden (Con)]

My noble friend’s comments on the Government’s intention to strengthen the Animal Welfare Act will be widely welcomed. When will the Government introduce training for local authority inspectors of animal breeding establishments, as foreshadowed in an announcement which the Government made in February?

[Lord Gardiner of Kimble]

My Lords, my noble friend has remarked on another very important point. Under these proposals we will seek to improve the ability of local authorities to, as I said, root out the bad. We want to train and work with local authorities so that they have the experience to ensure that, when they license an establishment, they are confident that it adheres to the high animal welfare standards that we all desire.

[The Lord Bishop of Chester]

Do the Government have any concerns about the breeding of those Members of your Lordships’ House who wear dog collars?

--- Later in debate ---

[Lord Gardiner of Kimble]

I hope that the right reverend Prelate knows very well that I am very fond of dogs. I have very good relations with many right reverend Prelates and work very closely with the rural Bishops on many issues concerning the countryside.

[Lord Clark of Windermere (Lab)]

My Lords, I was very pleased to hear the Minister refer to the rehoming of dogs, because that is very important. People do not always need a pedigree; they are after a pet for love, affection and various other things. However, even if people want pedigrees, can the Minister publicise the fact that most breeds, whether Border collies, Labradors or Alsatians, have their own specialist rehoming facilities? The more that is known, the better.

[Lord Gardiner of Kimble]

My Lords, I entirely agree. We need to work on increasing awareness on a number of fronts. Much of this is about heightening awareness of members of the public who wish to find pets, whether through breed societies or breed rehoming or through the excellent charities for dogs, cats and other animals, of which I have visited a number. At my meetings yesterday, I specifically talked about how, in the prelude to Christmas, we can all work together to ensure that animals are for life and that we respect them.

Local Authorities: Recycling

Lord Gardiner of Kimble Excerpts

Tuesday 11th July 2017 Lords Chamber

[Baroness Neville-Rolfe]

To ask Her Majesty’s Government what plans they have to issue guidance to local authorities clarifying what can and cannot be recycled.

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

My Lords, we are committed to achieving higher recycling rates. In May this year, the Waste and Resources Action Programme, WRAP, published updated guidelines for local authorities on what can and what cannot be recycled. I shall be placing a copy in the Library of the House. With WRAP and the waste industry, we are working to ensure that more is recyclable. Information on what householders can recycle locally is available on the Recycle Now website.

[Baroness Neville-Rolfe (Con)]

Does my noble friend the Minister recognise the frustration of consumers, who despite the good work to which he has referred are frequently confused about what is recyclable and by the variations in the rules and indeed even in the colours of the bins in local areas? Will he do his best to simplify the system further into a single set of clear rules for what is recycled and what is not? For example, I believe black plastic of any kind wrecks the recycling. Will he initiate a public information campaign using social media to bring about a step change in recycling, both among consumers and in business?

[Lord Gardiner of Kimble]

My Lords, I entirely agree with my noble friend that we need to encourage clarity. Indeed, that is what WRAP’s consistency framework is intended to achieve. It is of course for local authorities, in consultation with residents, to determine the most appropriate arrangements, but the recycling guidelines already make clear what is recyclable and what is not. The Recycle Now campaign uses social and digital media. Work is ongoing to address the issue of black plastic.

[Lord Dubs (Lab)]

My Lords, what about plastic bottles?

[Lord Gardiner of Kimble]

My Lords, there has been considerable success in the rate of recycling of plastic bottles. But what I think the noble Lord might be alluding to is that as part of the litter strategy, for which I have established a working group, we are going to look at a number of measures to improve recycling. One of them is to have a full and proper look at the impacts and benefits of different types of deposit and reward-and-return schemes for drinks. We want to set up that group very shortly and I am looking forward to its report early in the new year.

[Lord Sherbourne of Didsbury (Con)]

My Lords, is my noble friend aware of the way in which illegal landfill sites are being identified by new satellite technology, and will he make sure that the most use is made of this technology?

[Lord Gardiner of Kimble]

My Lords, we need to use every new or modern system we can. Fly-tipping in particular is a huge point—it is disgraceful. I think there are about 628,000 instances, with household waste as well. We need to ensure that we have the right level of fines and custodial sentences. That move might be extreme for some, but the level of fines needs to be as high as it can be. Indeed, a company was fined £23,400 last week for fly-tipping in Epping Forest.

[Baroness Parminter (LD)]

My Lords, according to WRAP’s annual tracker survey, two-thirds of households say that they are unsure how to correctly dispose of items. Does the Minister agree that significant cuts to local authority communication budgets driven by central government cuts are contributing to falling household recycling rates?

[Lord Gardiner of Kimble]

My Lords, it is far too simplistic to suggest that. For instance, in Richmondshire District Council, there was a 14.7% increase in recycling rates in one year; in Tameside, a 7.8% increase; and in East Riding, an 8.6% increase. This is all about increasing the amount that is recycled and separating food waste. Of course there are financial conditions, but I suggest that there are many good examples of what local authorities are doing in stressful times.

[Baroness Butler-Sloss (CB)]

My Lords, could something be done about the covering of magazines, which is currently not recyclable?

[Lord Gardiner of Kimble]

My Lords, one of the key areas of the packaging industry’s work and what we need to do with WRAP is to ensure that we do not package unnecessarily and that packaging is recyclable. There are some good statistics on that—increasing packaging to 60% recyclable—but more needs to be done.

[Lord Tomlinson (Lab)]

Can the Minister help me? At home, we rigorously sort out all our waste for collection, but sometimes we have too much and I have to take it down to the tip. I take stuff that I have rigorously separated according to the instructions of Bromley Council, but when I get to the tip, I have to throw it all in the same container.

[Lord Gardiner of Kimble]

My Lords, I will take that point back because that is—I think I will use the word disappointing. That is not what is intended by the whole thrust of getting to a circular economy of reusing and recovering much more. That defeats the object, and there is value in a lot of the materials that we are recycling.

[Baroness Jenkin of Kennington (Con)]

My Lords, can my noble friend tell the House the variety of recycling rates in different local authorities?

[Lord Gardiner of Kimble]

My Lords, this is intriguing, because in South Oxfordshire, for example, it is 66.6% and in the London Borough of Newham, it is 14.7%. One issue that my colleague Thérèse Coffey is dealing with is that many councils in urban areas of all political persuasions are finding recycling much more of a challenge, so we need to work on that.

[Baroness Jones of Whitchurch (Lab)]

My Lords, we need to be realistic about the overall recycling rates. The fact is that in England, recycling levels are falling according to the latest WRAP figures. We are now in danger of not even meeting the 50% recycling target by 2020 in England. When we talked about this before, the Minister agreed that we could learn a great deal from the Welsh Government, where rates are already at 63% and rising: they are going up in Wales and down in England. What lessons has he taken from the Welsh Government about how we could improve things in England?

[Lord Gardiner of Kimble]

It is certainly important that we learn from where there are good examples. I referred to good examples in England; there are indeed good examples in Wales. We need to listen and learn from them. In Wales, a single blueprint is published; in England, there are three suggestions in the consistency document. This is all about how much we mingle—I gather that that is the word—recyclable produce. In some areas, it is easier to mingle it all and in others it is easier to separate it. The problem with that is that you might get five bins or you might get three. That is the issue that we need to wrestle with.

[Baroness Jones of Moulsecoomb (GP)]

My Lords—

--- Later in debate ---

[Baroness Jones of Moulsecoomb]

My Lords, I applaud the noble Baroness for bringing this up; it is obviously a hot topic that we all care about. As a Green, one of the big things for me is that far too much goes to incineration. Can the Minister say, hand on heart, that for this Government, incineration is the absolutely last resort for waste of any kind?

[Lord Gardiner of Kimble]

My Lords, the last resort is landfill, which we are absolutely determined to work on. Obviously, some incineration is the generation of power. In fact, whether it is anaerobic digestion of food waste or use of an incinerator, if we are clever about it, we can use those resources to our advantage. But we need to recycle more.

Inshore Fisheries

Lord Gardiner of Kimble Excerpts

Monday 3rd July 2017 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, I beg leave to ask a Question of which I have given private notice.

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

My Lords, the UK has a robust enforcement system, delivered by the Marine Management Organisation, or MMO, and the Inshore Fisheries and Conservation Authorities, or IFCAs, in England. The MMO covers the UK’s exclusive economic zone from six nautical miles to 200 nautical miles or the median line, while the IFCAs cover the area from zero to six nautical miles. As we leave the EU, we will need to review and reflect on the level of fisheries enforcement required.

[Lord West of Spithead]

My Lords, I thank the Minister for his Answer, but I have to say that this simple sailor is absolutely stunned by it, as it shows amazing complacency. The bottom line is we have very few vessels involved in this and they are not properly co-ordinated centrally. We have already seen a number of the countries involved saying, “To hell with what you say, we’re coming there anyway”. We will be made a laughing stock if we apply some rules and cannot enforce them. Will we now establish a centralised command system to control the various assets we have—far too few of them to be able to focus on things such as someone fishing illegally in the six-to-12 mile zone? Will we also ensure that we build some more ships and boats so that we can actually enforce this?

[Lord Gardiner of Kimble]

My Lords, the best thing may be if the noble Lord would be prepared to come with me to Newcastle to see the vessel-monitoring system, which I have learned a great deal about since his Question was on the Order Paper. It is a digital service which enables us to target those areas, so that we know every vessel that is at sea within our waters. I have some very interesting statistics on enforcement by the Royal Navy and others. In addition to that, not only are there three offshore patrol vessels but a further five new River class offshore patrol vessels are currently being built. They will be used for, among other things, fisheries protection. However, as I said earlier, we will have to review what we need to ensure that.

[Baroness Jones of Whitchurch (Lab)]

My Lords, does the Minister accept that if we are to have sustainable fishing in the longer term, which obviously will need to be based on clear scientific evidence, there has to be some alignment and co-operation with neighbouring countries? Fish stocks cannot be managed unilaterally—fish shoals can sometimes move hundreds of miles. Indeed, our own fishermen sometimes fish from the north of Russia right down to southern Portugal. This cannot be resolved by a unilateral declaration. There have to be detailed discussions because, as we know from the very good Brexit fisheries report produced by your Lordships’ House, there is an incredibly complicated set of agreements in place. I hope the Minister will take the message back to the Secretary of State that there is no point in just making a unilateral declaration on this; there have to be thoughtful, detailed discussions on the future.

[Lord Gardiner of Kimble]

My Lords, I agree with a lot of what the noble Baroness says. We need to base our decisions on science. We have a responsibility under international law to have sustainable fish stocks, and I am pleased that in this country we have had some considerable successes in getting sustainable yields. The basis of this is that we have given two years’ notice that we intend to leave the London fisheries convention, which is necessary under legal advice. We now need to negotiate with our partners and friends in Europe so that, as I say, we have a sustainable fishing industry. Also, for the first time we will have the ability to decide who fishes in our waters.

[Baroness Parminter (LD)]

My Lords, our fishing industry contributes less than 0.5% to our country’s GDP, yet it is hard to think of any industry that will be affected more by Brexit, along with the rural communities that fishermen come from. How are the Government going to guarantee that our fishermen and their industry are not used as a bargaining chip in the Brexit negotiations?

[Lord Gardiner of Kimble]

My Lords, I say to the noble Baroness that the chief executive of the National Federation of Fishermen’s Organisations has said today that our giving withdrawal notice from the London fisheries convention,

“is welcome news and an important part of establishing the UK as an independent coastal state with sovereignty over its own exclusive economic zone”.

The noble Baroness says that the fisheries sector makes a small contribution to our GDP, but it contributes £1.3 billion to the economy, employs 34,600 people in 6,000 fishing vessels, and landed 708,000 tonnes of fish worth £775 million. To the coastal and fishing communities of this country, the United Kingdom, that is a very important consequence. I assure her and your Lordships that we will be very conscious of their interests.

[Baroness McIntosh of Pickering (Con)]

My Lords, does this mean that the inshore fishermen, with vessels under 10 metres, will have a higher quota? That would be very good news.

[Lord Gardiner of Kimble]

I am sure your Lordships will understand that these issues are all subject to negotiation. However, one of the things that we wish to do, in having the ability to control our own waters, is have a sustainable domestic fishing industry.

[Lord Rooker (Lab)]

My Lords, almost exactly a year ago the EU sub-committee of this House published the first of the Brexit reports on fishing. Could the Minister tell the House what he thinks was the most significant paragraph in it?

--- Later in debate ---

[Lord Gardiner of Kimble]

I remember replying to the debate on that very interesting report, but I am afraid I cannot remember the precise details. I know that it featured the phrase “the requirement for co-operation”, which is clearly important; that it said we need to fish sustainably, which is also important; and that the sub-committee saw that there were opportunities for the domestic fishing industry. I remember the noble Lord, Lord Teverson, and the sub-committee giving us a very helpful and important report, which has and continues to have considerable consideration by the department.

[Lord Spicer (Con)]

My Lords, is not the noble Lord, Lord West, with whom I often agree on many matters, arguing that the Royal Navy is out of control on fishing protection? Surely, that cannot be right.

[Lord Gardiner of Kimble]

We rely very much on the Royal Navy and I am pleased to acknowledge what it does, and has done over centuries, to help us with the protection of fisheries. It is very important that we work with the Royal Navy, Border Force and a number of other agencies, including the National Crime Agency, so that we not only have a sustainable and successful fishing industry but we co-operate, which we must do, with our partners in Europe so that we have robust and clear negotiations.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, will the Government guarantee as part of these discussions that the correct, accurate powers will be devolved to the devolved Administrations, where the powers coming back from Brussels tie in with the existing devolution settlement? Will they further guarantee that there will be an effort across the United Kingdom to establish a UK common fisheries policy with the co-operation of the four nations of the United Kingdom?

[Lord Gardiner of Kimble]

My Lords, I hear what the noble Lord said, and that is one area where close discussion and co-operation with all parts of the United Kingdom is very important indeed. We have had successful and continuing discussions with all Ministers concerned. We are certainly looking to have a UK policy in bringing back to this country our own fisheries policy. We are working with the devolved Administrations so that we are working together in the negotiations. This is a key area where all the coastal fishing communities of Scotland, Northern Ireland, Wales and England are looking to the Government to secure a good deal for them.

[Lord Campbell of Pittenweem (LD)]

My Lords, I appreciate that I may be inviting the Minister to depart a little from his responsibilities, but perhaps he would join me in welcoming the fact that there are reports in Scotland this weekend that the Government are about to place an order for a further three frigates to be built on the River Clyde—yet another illustration of the advantages to Scotland of being part of the United Kingdom and not being independent.

[Lord Gardiner of Kimble]

My Lords, what the noble Lord said is precisely what so many people are reflecting on: that unity in the United Kingdom is a force for good. I very much endorse the importance of vessels being built for the Royal Navy in Scotland—and in other shipyards, but I am delighted if they are being constructed in those excellent shipyards, which have so much expertise in their workforce, over many generations.

[Lord Pearson of Rannoch (UKIP)]

My Lords—

--- Later in debate ---

[Lord Pearson of Rannoch]

My Lords, I am most grateful. Will the Minister confirm to your Lordships that the figures he has given for the British fishing industry are for as it is now, in a state decimated by our membership of the European Union and the common fisheries policy? Can he give us any idea of the figures which pertain to the wonderful future when we have taken back control of all our waters, having left the common fisheries policy?

[Lord Gardiner of Kimble]

My Lords, our whole purpose is to ensure that we have a sustainable future for the UK fishing industry. It is the first time in 50 years that we will have been able to control access to our waters. That is a force for good because, in particular, it is very important that we have sustainable stocks for the future.

Air Quality: London

Lord Gardiner of Kimble Excerpts

Monday 3rd July 2017 Lords Chamber

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

My Lords, I too am most grateful to my noble friend for securing the debate. The need to improve air quality is of paramount importance. I have listened carefully to your Lordships, bringing their immense commitment and experience to this debate—although, intriguingly, not with universally shared views. I will of course answer as many questions as I can and promise that on all those questions that I do not answer I will write in detail and as soon as I can to all Members who have participated.

The air that we breathe is vital to everyday life, so its cleanliness is an imperative and it is now for us to grasp this continuing challenge. Air quality has improved significantly over recent decades through the regulatory frameworks that successive Governments have put in place and significant investment from industry. This began with the Clean Air Act 1956 before the UK joined the European Union and will continue after it leaves. I know there have been a number of calls for a new clean air Act. The truth is that there is already extensive existing legislation in place to support action to improve air quality. The noble Lord, Lord Whitty, and the noble Baroness, Lady Randerson, asked what will happen after we leave the European Union. Our strong commitment remains to improve air quality and this will continue after the UK leaves the EU. The great repeal Bill will ensure that the whole body of existing EU environmental law continues to have effect in our own domestic law.

My noble friend Lord Higgins raised the fact that in the last four decades the UK has reduced emissions of all the major five air pollutants. Sulphur dioxide emissions have decreased by 95%, particulate matter by 73% and nitrogen oxides by 69%. This is progress but more must surely be done.

London faces the greatest challenge because of the size and complexity of the capital’s transport networks. Although London has the largest low-emission zone in the world and the largest hybrid bus fleet in Europe, air quality is poorer in London than anywhere else in the country. There were over 4 billion passenger journeys in London in 2014-15, and the figure is expected to grow to almost 4.5 billion by 2020-21. London bus passenger journeys alone totalled over 2.4 billion in 2015-16. This number is greater than the rest of England combined. Only 15% of England’s population live in London but 60% of rail travel starts, ends or passes through the capital. My noble friend Lord Caithness alluded to this.

Tackling poor air quality in all its forms is a top priority. The current focus is, quite rightly, on the Government’s most immediate air quality challenge: to reduce concentrations of nitrogen dioxide around roads. The noble Baroness, Lady Randerson, referred to this. Yet many everyday activities such as industrial activity, farming, heating homes and generating energy also make a significant contribution to harmful air pollution. So, in addition to urgent action to tackle nitrogen dioxide hot-spots around roads, we need to reduce harmful emissions of other air pollutants. That is why the United Kingdom recently adopted ambitious, legally binding international commitments to reduce emissions of five damaging air pollutants by 2020 and 2030.

A modern economy needs to be a clean one and the Government are determined to build this stronger economy. As we develop our industrial strategy, we must take into account the need for cleaner air and the opportunities presented by moving to a cleaner economy. However, we can all make cost-effective changes to secure cleaner cities and a clean, green economy. Indeed, I applaud the anti-idling campaign days that Westminster City Council successfully introduced, reducing harmful emissions through prompting a simple behavioural change. The noble Baronesses, Lady Blackstone and Lady Valentine, mentioned that. Local authorities have powers to address idling and issue on-the-spot fines. I think that point was raised by the noble Baroness, Lady Randerson.

Almost all your Lordships mentioned the largest environmental risk to public health in the United Kingdom: poor air quality. Tonight, we have stalwarts of the British Lung Foundation and those who understand the impact on heart disease, and I thoroughly endorse all that your Lordships said. This issue contributes to the cutting short of thousands of lives every year. It appears to be a particular threat to the elderly, the very young and those with existing health issues. Those living in city centres, often on the lowest incomes, are most exposed to dangerous levels of air pollution.

My department works closely with the Department of Health, Public Health England and their advisers, the Committee on the Medical Effects of Air Pollutants. My noble friend Lord Borwick and others referred to research. The committee regularly reviews the latest research and the department reflects its guidance in its policy-making. The air quality expert group also considers current knowledge on air pollution and provides independent advice to the department on the levels, sources and characteristics of air pollutants in the United Kingdom. Daily air quality forecasts provide accompanying health messages to the public, based on the expertise of Public Health England. I am grateful to the noble Lord, Lord Hunt of Chesterton, for expanding on this, and the noble Lord, Lord Berkeley, for referring to the Birkett app.

The Government are revising their national air quality plan for tackling nitrogen dioxide, particularly to take account of recent updates in data on emissions from diesel vehicles. The consultation on our revised plan ended on 15 June. We are considering all responses very carefully, including a comprehensive one from the Mayor of London, and will use them to shape the final plan, which we will publish by 31 July. The noble Baronesses, Lady Blackstone and Lady Jones of Whitchurch, referred to vehicle excise duty. The Government will continue to explore appropriate tax treatment for diesel vehicles and will engage with stakeholders ahead of making any tax changes in the Budget this autumn.

Local solutions, based on local knowledge, will always be the best way to achieve improvements in air quality in local areas. Our plan makes it clear that the Government will work closely with local authorities to develop the right solution for their areas. We will work with them to develop and implement measures that will achieve the desired outcomes in the shortest possible time. The plan, and the clean air zone framework that accompanies it, will empower local authorities to make targeted interventions, ensuring that actions have an impact on those areas where nitrogen oxide emissions are highest. The main focus of the plan is tackling nitrogen dioxide but clean air zones aim to address all sources of pollution, including particulate matter. A third of emissions are not transport-related and have an equal component of emissions from gas and non-road mobile machinery, particularly construction machinery.

Tackling air pollution in London is crucial and the Government continue to work closely with the Greater London Authority and the mayor’s air quality adviser. My right honourable friend the Secretary of State will meet the mayor shortly specifically to discuss air quality matters. Both the previous and current mayor have taken steps to tackle air quality, between them putting in place a host of London-wide measures to improve air quality and reduce pollution from vehicles, including agreeing the world’s first ultra-low emission zone, cleaning up the bus and taxi fleet, and encouraging more people to take up cycling and walking.

The mayor is putting his significant powers to good use by implementing a broad range of actions to bring nitrogen dioxide levels within legal limits within the shortest possible time. These include: the introduction of an emissions surcharge; launching an ultra-low emission zone in 2019; spending more than £300 million transforming London’s bus fleet, with a commitment to purchase only hybrid or zero-emission double-decker buses from 2018; and requiring all new taxis to be zero-emission capable from 2018. Most recently, the mayor has committed, in his recently published draft transport strategy, to rolling out a series of zero-emission zones in London between 2025 and 2050.

The noble Baroness, Lady Blackstone, was absolutely right to refer to the balance between national and local. Nationally, the Government have committed more than £2 billion since 2011 to promote the use of ultra-low emission vehicles and support greener transport schemes. We will invest more than £600 million in ultra-low emission vehicles from 2015-20, with a further £270 million announced in the 2016 Autumn Statement. The Autumn Statement package will see £80 million invested in infrastructure, £150 million to support the adoption of the cleanest buses and taxis—my noble friend Lord Blencathra referred to the need for these—and £40 million towards the plug-in car grant.

[Lord Higgins]

My noble friend referred to taxis being ultra-low emission and so on. Will that also apply to so-called mini-cabs such as Uber?

[Lord Gardiner of Kimble]

To save time I will have to write to my noble friend because there is rather a detailed answer.

This investment will help us to continue to deliver one of the most comprehensive programmes of support for ultra-low emission vehicles in the world.

The Government have also taken steps to incentivise taxi drivers to update cars and have made £20 million available to local authorities to support the rollout of ultra-low emission taxis across the UK by reducing the upfront cost and installing charging infrastructure. Many local authorities across the UK, including the GLA, have benefited from this funding.

I welcome the new £325 million electric taxi factory which opened in Coventry earlier this year, supported by £16.1 million through the regional growth fund. The London Taxi Company factory will have the capacity to assemble more than 20,000 vehicles a year. It will develop the new TX5 model, a zero-emissions taxi, together with other hybrid technology vehicles. I very much hope that my noble friend Lord Borwick will not have to wait long for his own.

Thanks to government investment, a growing private sector and local authority engagement, the UK now has more than 11,000 publicly accessible charge points, including more than 900 rapid charge points that can charge an EV in 20 to 30 minutes. It is the largest network in Europe, but I was very struck by what the noble Baroness, Lady Randerson, said from her direct experience and insight. My noble friend Lord Blencathra and the noble Baroness, Lady Blackstone, referred to charge points. I am sure there is scope for many more.

A number of noble Lords raised VW, particularly the noble Baroness, Lady Jones of Whitchurch. It is fair to say that the main reason for the difficulty in meeting nitrogen dioxide limit values is also the failure of European standards for diesel vehicles to deliver the expected reductions in NO₂ emissions in real-world conditions. Since 2011, this country has been at the forefront of calls for action in the EU to secure more accurate, real-world emissions testing for diesel cars. This testing will come in from September this year, which I am sure will please the noble Baroness. The other point about VW is that the Government launched an investigation into the real-world emissions of a selection of diesel vehicles from across all main brands sold in the UK. We remain very vigilant and are working on VW.

A number of points were raised about cycling and walking, and I am not going to please any noble Lord because I think there is a balance in these matters. There are zealots who are bicyclists and zealots who are drivers. Indeed, if one prefers any sort of transport perhaps there is an abomination of all other sorts. Having ridden quite a few horses, I can observe on that as well.

To be serious, it is important that we encourage cycling and walking as an investment. It is not only healthy but important to well-being. Those who walk and cycle are avoiding shorter journeys by other means of transport and, as I heard from a noble Lord, they are perhaps avoiding longer journeys. The £1 billion of government funding made available to local authorities to invest in cycling and walking over the next five years will have an overall benefit, although I am very struck by something which we have all experienced: there have been snarls in some of the implementation, which were raised by my noble friends Lord Blencathra and Lord Higgins. In the long term, the more people we can get cycling responsibly and walking, the better.

While road transport is the immediate challenge, it is not the whole picture and we need to work hard to tackle all sources of harmful emissions. The biggest source of harmful particulate matter emissions is the domestic burning of wood and coal. Wood-burning—I think the noble Lord, Lord Whitty, referred to this—contributes between 7% to 9% of London’s fine particulate concentrations. We are working with stove manufacturers, fuel suppliers and retailers to identify where further improvements can be made.

We also know that the energy market is driving a rapid increase in the number and use of diesel generators, which the noble Lord, Lord Whitty, and my noble friend Lord Borwick referred to. This is a concern, and we will shortly be publishing our response to our recent consultation on emission controls for stationary diesel generators. Non-road mobile machinery is another source of harmful emissions. London’s low emission zone for construction equipment is an approach that other local authorities may wish to consider. The Government are also keen to ensure that air pollution from ships is reduced, a point the noble Baronesses, Lady Jones of Moulsecoomb and Lady Randerson, referred to. I have read in my brief about some of the issues in Greenwich. We are signed up to international regulatory standards which will significantly reduce pollutant emissions from ships.

I am very struck by how localised this can be and how often a small piece of action can remove some of these hot spots. These are the areas that we should be looking at. I am also very struck by some of the references to the removal of, or a change to, a traffic light, or the removal of a hump in the road. Some of the microdetails can make a significant difference. We need to look at both the large-scale and the localised issues. We know that further cross-government action is required to deliver improvements in emissions from shipping. We will be working closely with other parts of government to make sure this happens.

My noble friend Lord Borwick asked about Crossrail. I assure him that dust management was included as an integral part of the design. I note the recent announcement and the new review of air pollution levels by the mayor on the Underground.

Much has been done to seek to improve the quality of our air, over quite a period of time, but there is, as I think we have all conceded—I sense the determination of your Lordships—still so much more that we want to and must do. The Mayor of London, and indeed all local authorities, already have a number of tools at their disposal to tackle air quality problems, and we will support them—but not by casting them loose, as I think some of your Lordships might be suggesting. This is going to be a joint initiative and action, but as I say, local authorities have within their powers the ability to do much, with national support as well.

As a number of your Lordships, particularly my noble friend Lord Caithness, said, these are issues where we all have a part to play as individuals: whether we are parents delivering children to school, who can avoid any idling beside the school; or any general idling of vehicles. There are so many ways in which we can change our behaviours to net benefit. Whether it is local businesses, schools, households or delivery services, we need to ensure that we do this and at the same time ensure that the world’s capital—which is how I consider London—is able to continue to prosper.

It is a key environmental objective of the department to secure cleaner air for everyone. It is by working together in partnership, at local and national level, that we can transform not just the quality of our air in London but the lives of millions of people across the UK. We have set ourselves the goal of being the first generation to leave the natural environment in a better state than the one we found it in. This is a big ambition, to which we remain committed and which, working together, we can and must achieve.

Agriculture: Foreign Workers

Lord Gardiner of Kimble Excerpts

Wednesday 28th June 2017 Lords Chamber

[Baroness McIntosh of Pickering]

To ask Her Majesty's Government what discussions they have had with farmers and growers on access to foreign workers; and whether they intend to reintroduce the Seasonal Agricultural Workers Scheme.

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

My Lords, I declare my farming interests as set out in the register. We are fully seized of this issue now and for the future. These matters have been discussed by the Secretary of State and the Minister of State with key stakeholders over recent weeks. The Government will commission advice from the Migration Advisory Committee. Working with business and communities, we will develop a future migration system which works for all and meets labour market needs in this sector.

[Baroness McIntosh of Pickering (Con)]

I thank my noble friend for that Answer. From his regular meetings with farmers and growers, he will be aware of the critical shortage of vegetable pickers and growers, with a 17% shortfall this year—in May alone there were 1,500 job vacancies. Will my noble friend assure the House today that he and the Home Office will review the seasonal agricultural workers scheme with the utmost urgency with a view to its reintroduction? If we have a weak pound, as we have at the moment, and if we have an uncertain position with returners, in particular, who are down by 50%, and with new workers coming to pick from the European Union, will my noble friend assure us that this will be reviewed with regard to the rest of the season and, in particular, to next year and the years ahead?

[Lord Gardiner of Kimble]

My Lords, the seasonal agricultural workers scheme is kept under careful, ongoing review. Indeed, when it was stopped in 2013, Defra established a SAWS transition working group, which continues to bring industry and government together to monitor the situation. I absolutely agree with my noble friend: it is very important that we work very closely with this sector. We have wonderful produce in this country; it is something that I know the Secretary of State and the Minister of State are fully seized upon and we are working not only, obviously, for the harvest of next year but the harvests later on—

[Lord Cunningham of Felling (Lab)]

My Lords—

[Lord Gardiner of Kimble]

Oh. I am afraid, my Lords, that there is plenty of time. I want to reiterate that it is taken very seriously indeed.

[Lord Cunningham of Felling]

My Lords, is not this gratuitous delay on the part of the Government damaging our agricultural, horticultural and fruit-picking industries unnecessarily? Is not the noble Baroness, Lady McIntosh, quite right that the seasonal workers scheme worked perfectly well? People came and then they left. There was no problem. This is not an immigration problem at all. It is a problem of seasonal workers doing essential jobs for our basic agricultural, horticultural and growing industries.

[Lord Gardiner of Kimble]

My Lords, as the noble Lord will know, from 2007 to 2013, the scheme was for Romanian and Bulgarian people who wished to come here. Obviously, there has been a scheme since after the Second World War, but that is precisely what it was. After 2013, there was full freedom of movement for those countries. There are 171,000 more EU nationals working in this country now than there were a year ago. The point is that there are many, very welcome EU nationals coming. Obviously, with the review that the Migration Advisory Committee is undertaking, we need to see what further work we need to do to ensure that we have labour to produce our very important produce.

[Baroness Parminter (LD)]

My Lords, I live in Godalming, where we have one of the largest soft fruit farms in the country, employing 2,500 people. The owner has said that the business will collapse without access to EU workers. Does the Minister agree with me that retaining access to the single market is the best way to ensure that we have a future supply of affordable homegrown soft fruits?

[Lord Gardiner of Kimble]

My Lords, what will be essential to ensure that our wonderful produce is picked is that we have the labour force to do it. That is why the noble Lord, Lord Cunningham, is right: we need to review where we are, because there will be changed arrangements. Having met some people who are running a fruit farm, I am fully seized of the importance of the labour force that comes overwhelmingly from parts of eastern Europe, which we have very much welcomed and is so important in gathering in our harvest.

[Lord Rooker (Lab)]

My Lords, we are leaving the European Union, so I do not really see what that has to do with it. The original seasonal agricultural workers scheme operated with people coming into this country from 130 nations. It was essentially universal. They came, they worked and they went home. Migration has nothing to do with it. Why are we not opening up our vision, if we are leaving the EU, to say, “Let’s widen the scheme”? It has nothing to do with migration. We had a perfectly workable scheme until it changed. I fully admit I was partly responsible. I used it at MAFF and then when I got to the Home Office I had to start closing it down because of what was happening with our EU accession partners. But the fact is, we are leaving, so it does not have to be European based any more.

[Lord Gardiner of Kimble]

My Lords, that is precisely why the Home Office and Defra have asked the Migration Advisory Committee to look at this with regard to the long-term needs of an important sector of our agricultural industry. That is one of the things I am looking forward to hearing about. As I said, to put it in context, between 2007 and 2013 the only element of the scheme was to deal with the Romanian and Bulgarian situation.

[Baroness Masham of Ilton (CB)]

My Lords, I declare my interest in farming. Will the Minister make it easier for seasonal workers to come in from Australia and New Zealand to clip sheep? Is he aware that my sheep are still waiting to be clipped because my British sheep clippers are getting older and they have a big backlog this year?

[Lord Gardiner of Kimble]

My Lords, that is one of the things we will want to look at as we leave the European Union.

[Lord Teverson (LD)]

My Lords, this is not about just seasonal workers or unskilled workers. As the Minister will know, some 80% of vets in our abattoirs, who enable them to operate with the right welfare standards, are EU citizens. How are we going to retain those skilled and much-required people who are currently keeping our food processing industry moving?

[Lord Gardiner of Kimble]

I am most grateful to the noble Lord because I was at the BVA and RCVS reception yesterday, where I know a number of noble Lords were also in attendance. This is an important issue and an element of the negotiations that we want to deal with as promptly as possible. Yes, we do rely on and warmly welcome the support we have from EU national vets, who are hugely important to us.

[Baroness Berridge (Con)]

My Lords, can my noble friend the Minister please confirm that the migration advisory group will consult the Commonwealth Secretariat and Secretary-General in relation to opportunities for workers to come from Commonwealth countries, as there is a great expectation that there will be new opportunities within the Commonwealth?

[Lord Gardiner of Kimble]

I am certainly pleased with and will take back what my noble friend has said. It is an important point to make.

[Baroness Royall of Blaisdon (Lab)]

My Lords, historically the agriculture sector has been one with low wages and exploitation. Will the Minister commit, as my party has done, to reinstate the Agricultural Wages Board? I would also like to raise the Gangmasters and Labour Abuse Authority, which does a fantastic job. Its remit has expanded but its resources have gone down so, with the potential problems following Brexit, will the Minister look at increasing the resources for that excellent organisation?

[Lord Gardiner of Kimble]

My Lords, I know that the noble Baroness has raised this during the Queen’s Speech debate—I read an excerpt from Hansard. The agency does a good job in monitoring living standards and certainly ensures that workers receive at least the national living wage. It is not alone in this sector: there is the Association of Labour Providers and the Fresh Produce Consortium. All are working hard to ensure that the standards we would all wish for people who come to this country to work are the best that they can be. I cannot promise to accede to the points that she has made, but it is certainly important that these organisations are working hard to ensure that there is well-being among people who come here—and many people come back. One thing I have noticed at many of the fruit farms is families and people coming back to this country. We sometimes beat ourselves, but this country is seen as a good place to work in.

[Lord Roberts of Llandudno (LD)]

The Minister is of course aware that asylum seekers who come to the UK are not allowed to work for the first 12 months. If that was overturned and perhaps reduced to six months, would it not help the labour force considerably?

[Lord Gardiner of Kimble]

My Lords, again I cannot promise, but I will certainly put that point to colleagues. The employment situation in this sector is seasonal. Part of the issue, and the point of this Question, is that we have seasonal demand for people to come and help us with our soft fruit and vegetables, and their processing. I am grateful to the noble Lord, but I do not think that I can comment any further.

[Lord Cormack (Con)]

Does my noble friend agree that these people are not only seasonal but highly skilled? They are often written off as unskilled workers, but they contribute something essential to our agricultural and horticultural industry.

[Lord Gardiner of Kimble]

My Lords, this produce is very vulnerable and the skills in picking fruit are therefore important—it is very perishable. There is, of course, skill in ensuring that we get our soft fruit in safely. We are now self-sufficient in strawberries for much of the year, which are a wonderful product, and there are many whom we rely on in the workforce from the European Union.

[Baroness Jones of Whitchurch (Lab)]

My Lords, apart from some of the emerging practical problems that have already been raised today on seasonal workers, and despite what the Minister has said, is the real issue not the fact that these EU workers no longer feel welcome here? Is it not the case that this is a problem entirely of the Government’s making? They have sought to make these workers bargaining chips in the EU negotiations and have said nothing publicly about the value they bring to our economy and wider society. It is no wonder if fruit growers and so on are reporting that people who have come time and again, year after year, now say they will no longer come. They do not feel welcome here.

[Lord Gardiner of Kimble]

My Lords, I refer the noble Baroness to what I just said, which was that 171,000 more people from the EU have come to work here than there were a year ago—171,000. That does not suggest to me a climate in which people feel unhappy or unwelcome. They are very welcome and are vital in this industry and in others where they work. I honestly do not think that what she is saying is borne out by the labour market statistics. It is very important in this climate as well to remember that saying people are unwelcome can often engender the sorts of comments that I know all of your Lordships would say are reprehensible and undesirable. We need to create a climate in which this country sees the value of people coming here and working here, often doing jobs that some of our own people have, in recent times, not sought to do. They are very important to us.

Air Quality

Lord Gardiner of Kimble Excerpts

Monday 24th April 2017 Lords Chamber

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

My Lords, I beg leave to repeat, as a Statement, an Answer to an Urgent Question given by my right honourable friend the Secretary of State in another place.

“This Government are committed to making sure that ours is the first generation to leave the environment in a better state than we found it. As part of that, I am personally deeply committed to the importance of clean air. I can tell the House that since 2011, the Government have announced over £2 billion to help bus operators upgrade their fleets; support the development and take up of low-emission vehicles; reduce pollution from vehicles such as refuse trucks and fire engines; and promote the development of clean alternative fuels. In addition, in the Autumn Statement, we announced a further £290 million to support electric vehicles, low-emission buses and taxis, and alternative fuels.

Our actions have enabled the UK to make significant progress on improving its air quality since 2010. We now have lower emissions of the five key pollutants: volatile organic compounds, sulphur dioxide, ammonia, particulates and nitrogen oxides. However, due to the failure of EU vehicle emission standards to deliver the expected improvements in air quality, the UK is among 17 European countries, including France and Germany, that are not yet meeting EU emission targets for nitrogen dioxide in parts of our towns and cities. We are taking strong action to remedy that. Since November my department has been working jointly with the Department for Transport to update the Government’s national air quality plan for nitrogen dioxide. We have updated the analytical base for the plan to reflect new evidence, following the Volkswagen scandal and the failure of the EU’s regulatory regime to deliver the improvements expected on emissions. The plan adapts to these new circumstances by setting out a framework for action.

Following long-standing precedent, we have now entered the period of pre-election sensitivity that precedes elections. In accordance with the guidance covering both local and general elections, the propriety and ethics team in the Cabinet Office has told us that it would not be appropriate to launch the consultation and publish the air quality plan during this time. The Government have therefore applied to the High Court for a short extension of the deadline to publish the national air quality plan for nitrogen dioxide so that we can comply with pre-election propriety rules. The Government are seeking to publish a draft plan by 30 June and the final plan by 15 September. The application will be considered by the court”.

[Lord Grantchester (Lab)]

I thank the Minister for repeating the Answer given earlier in the other place. However, notwithstanding that the Government may wish to absolve themselves by sharing culpability across other EU member states, they were given their final warning, as was clearly stated in the court case brought recently by ClientEarth, and told that they should publish their proposals to comply with EU law within two months.

Despite the argument that the purdah period on government announcements may start from a vote in the other place to undertake a general election, this announcement of government intentions could be said to be a matter of public health. I am sure the thousands of Britons at risk from diseases caused by air pollutants such as fine particulate matter, nitrogen dioxide and ammonia, and the businesses that will suffer lost working days from pollution-related illnesses, would agree that this is a public health issue and that an announcement is desperately needed. Will the Government not consider that an announcement on public health grounds could be made that would then comply with the court and negate any application for an extension?

It would be futile to ask the Government any further questions, as the Minister may well invoke purdah in all his replies. If I may, however, I will tempt him further by asking whether a new clean air Act would not be required to give citizens new rights to breathe unpolluted air and rectify the situation across all the responsible culprits.

[Lord Gardiner of Kimble]

My Lords, I thank the noble Lord for his questions. On his last question, I can say that we believe the legislative framework exists to deal with these matters, and therefore a separate clean air Act is not necessary because they can already be dealt with.

On the issues at hand, we have been advised that there are very strong requirements vis-à-vis purdah. However, I say to the noble Lord and indeed to all noble Lords that we will ensure that this short delay in the timetable will not result in a delay in the implementation of the plan. It is precisely to deal with the purdah issue, relating to both local government and the general election, that we have given the dates by which we want to publish this report. Obviously it is in everyone’s interests that we publish, and we want to work in partnership. That is why we are working with the devolved Administrations and the Mayor of London, and indeed we are working with many cities that have this acute problem which we need to address.

[Baroness Parminter (LD)]

My Lords, this is clearly a public health crisis, with 40,000 people dying prematurely in the UK every year because of air pollution and many more suffering from respiratory and cardiovascular diseases. The reason that the Minister has given why this needs to be delayed does not stand proper scrutiny, because here we face a genuine public health crisis, which is a legitimate reason for the purdah rules to be put aside. Given that the department has shilly-shallied about producing its 25-year plan for the environment, it is very good at talking the talk on protecting the environment, but it is not good at walking the walk.

I have two quick questions for the Minister. First, does he accept that after Brexit, when we no longer have the European Union obligations, we need firm air quality targets in UK law to hold the Government to account? Secondly, what comfort can the Minister give to both parliamentarians and the public on the question that, in the absence of the European Union, there is no alternative to costly judicial reviews for the public to hold the Government to account on the crisis of air pollution?

[Lord Gardiner of Kimble]

My Lords I do not think that the facts bear out what the noble Baroness said. In fact, it was during a Government in which her party was in coalition that £2 billion of taxpayers’ money was diverted: £400 million for ultra-low-emission vehicles, £600 million for the local sustainable transport fund, £224 million invested in cycling and more than £27 million since 2013 to retrofit and clean up more than 3,000 of the oldest vehicles. I hope that she would agree that that was a success during the time that her party was in coalition with mine. That is why £2 billion was diverted to that important subject.

On the question of how we will proceed, as I said, this is a short delay in the timetable, because we have purdah requirements. That is the advice that I have received. I fully acknowledge that this is a public health issue. That is one reason why considerable sums of money are being invested in it, why we will continue to do so and why we in the department very much want to bring forward these plans after the general election.

[Baroness Finlay of Llandaff (CB)]

Has the public health issue been part of the submission to the courts, because as well as adults, there is now strong evidence that atmospheric pollution impairs the development and growth of children’s lungs, which means that you are storing up big problems into the next generation? What have the Government done to ensure that enforcement powers are used when vehicles on the road are belching out pollutants because they have not been properly serviced or there is a fault? Quite a lot of them could be deemed as in the public service, including taxis, buses, and so on. Sometimes they are belching out vast quantities of grey, stinking smoke.

[Lord Gardiner of Kimble]

I thank the noble Baroness because that plays into why retrofitting is so important, why there has been investment since 2013 of £27 million to retrofit and clean up 3,000 of the oldest vehicles and why we have sought to introduce low-emission buses, taxis and alternative fuels. As I said, this is a very important issue which will need a partnership of us all, whether local authorities, the devolved Administrations, the Mayor of London or us, to mitigate. I have found it interesting how small features—the changing of a traffic light or turning engines off—can change pollution levels and create considerable advances.

[Lord Higgins (Con)]

Does my noble friend agree that the problem of air pollution is greatest in London, and that the reality is that Transport for London has totally failed to deal with the issue? Indeed, it has made it a great deal worse, in two respects. First, it apparently has no authority to limit the number of minicabs. In fact, the extraordinary position emerges that no one has any authority to limit the number of minicabs. Does my noble friend agree that urgent action needs to be taken in that regard?

Secondly, there is the ludicrous way in which Transport for London has been building bicycle lanes. There is enormous congestion as a result of this, not only when they are being constructed but in the longer term. It is an appalling policy. I spend much of my time in Holland, where they do not have any problem with bicycle lanes operating properly without being blanked off in a way that prevents them being used in off-peak periods.

[Lord Gardiner of Kimble]

My Lords, I shall ensure that my noble friend’s points are put to officials who meet fortnightly with GLA officials to discuss air quality. I think that that would be the best way forward.

[Lord Campbell-Savours (Lab)]

My Lords, is not the real problem, in London in particular, lorry emissions? Why do we not have a national programme of conversion of diesel trucks to LPG systems, because tests by Millbrook and HORIBA MIRA show that conversion of trucks to LPG leads to substantial reductions in carbon emissions and substantial savings by lorry operators, with a payback period of as little as 18 months? I have identified a firm called Quicksilver-AFI that has a system that is made for truck conversions, which is not too expensive, and which the Government could pump prime with public money, because the emissions from trucks are very much more substantial than from individual motor cars.

[Lord Gardiner of Kimble]

My Lords, what the noble Lord said is extremely helpful. I have mentioned retrofitting quite a bit during this Question, but that is a point that I would like to take back, and I am most grateful to him.