Environmental Permitting (England and Wales) Regulations 2016

Lord Gardiner of Kimble Excerpts

Tuesday 22nd November 2016 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 10 October be approved.

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

My Lords, the draft 2016 regulations consolidate and update the rules that enable businesses to carry out a wide range of activities without harming the environment or human health.

As noble Lords know, businesses that manage potentially damaging activities—such as landfill sites, sewage treatment plants, disposal of waste electrical and electronic equipment and flood risk activities—require an environmental permit in order to operate. The environmental permitting regime, in place since 2007, sets out the rules for applying for and regulating permits and rationalises the previous regimes into a common framework. A key component is that it allows applicants to make one application and be issued with one permit for a single site, where previously they would have required several permits. It is designed to make the process of obtaining a permit more predictable for businesses while maintaining a strong level of environmental protection.

The Environment Agency is the regulator for activities involving waste operations and radioactive substances, while local authorities regulate, for example, solvent emission activities and certain types of installation and mobile plant. The regime contains different levels of control, based on risk: exclusions, which are very low-risk activities that may be undertaken without any permit; exemptions, which are lower-risk activities that may be undertaken after registering, which is free; standard rules permits, for specified activities; and bespoke permits, for unique or higher-risk activities.

The draft regulations consolidate the previous legislation, which has been the subject of 15 sets of amendments. The consolidation and updating of the legislation will make the rules more accessible and transparent, helping to reduce the administrative burden on businesses. The consolidation is primarily a tidying-up exercise done in the interests of good administration. The principles of environmental permitting, and in particular the strong protection of the environment, remain. Those who responded to the 2015 public consultation exercise welcomed the consolidation.

Although this is primarily a consolidation exercise, there are two areas of substantive change. The first concerns an exemption for the crushing of fluorescent lamps. This type of tube lighting is commonly found in large offices and other buildings such as hospitals. Many of these lamps contain mercury, which is considered hazardous to humans and the environment. The exemption for the crushing of these lamps is called exemption T17. It allows the use of specifically designed mobile crushing equipment to reduce the volume of waste lamps before they are collected. The mercury emissions are captured by the equipment and the crushed material is then transported to a permitted site later in the day. This provides lamp recyclers with an alternative to collecting and transporting lamps whole.

The draft regulations restrict the situations in which the T17 exemption can be used, reducing the quantity of lamps that can be crushed at a site. They also clarify the conditions for operation of the lamp-crushing equipment required by EU law, making it clear that impermeable surfaces and waterproof covering are required for areas where crushing is carried out.

This change prevents large-scale lamp-crushing operations being carried out without a permit, while allowing smaller-scale operations to continue under the exemption but with enhanced conditions. It strengthens the protection of human health and the environment and levels the playing field for competing businesses that use different approaches to the collection of lamps for recycling. It does so while maintaining flexibility in lamp-collection options for the recycling industry, thereby minimising the impact on collection costs for business. The consultation on this change was carried out at the start of this year and received a positive response.

As a result of this amendment, a permit will now be required in some cases where there was previously an exemption. However, at present we are aware of only one business that is considering applying for a permit, and note that it responded positively to the consultation proposal.

The second change concerns the rules on dredging. There was an error in an earlier amendment to the regulations which transferred flood-risk activities from the previous scheme which regulated those activities into the permitting regime. It concerns the rules for an exemption from the need to apply for a permit for dredging by the Canal & River Trust and other organisations with the statutory function to undertake dredging—called statutory undertakers—such as navigation authorities.

Unfortunately, the amending regulations made in April 2016 inadvertently brought those statutory undertakers into the scheme because of a typographical error. We want to rectify that. The amendment reinstates the position that existed under the previous scheme, where those organisations with a statutory function to undertake dredging did not have to apply for a permit.

Following the consultation on bringing flood-risk activities into the environmental permitting regime, it was made clear in the Government’s response of January 2016 that the intention was to replicate this exemption from the requirement for a permit. We are therefore putting this right.

The regulations will continue to ensure that the environment and human health are protected from harmful activities, while also making the law more accessible and thereby reducing burdens on business. For these reasons, I commend the regulations to the House.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the noble Lord for his explanation of the new regulations. As he rightly pointed out, this is in effect a consolidation exercise. The original 2010 regulations have since been amended some 15 times, making it difficult for businesses, charities and voluntary bodies to navigate their way around the permit system. As he also pointed out, the permit system covers a very wide range of activities—including the handling of asbestos, the use of landfill, managing mining waste, the collection of waste electronic equipment, the protection of groundwater and the control of industrial emissions—so it is easy to understand how complex the system has become. The fact that the consolidated regulations cover nearly 300 pages is testament to that.

We therefore accept that this is primarily a tidying-up exercise that will make the legislation more accessible and restrict the need for multiple applications. As the noble Lord pointed out, two specific changes have been made. One is to add restrictions to the number of fluorescent lamps containing mercury that can be crushed without a permit and the other is to amend the flood defence permit system to enable organisations with a statutory function, such as the Canal & River Trust, to dredge without a permit, as had previously been the case. Both of these are sensible amendments and we are happy to support them.

We are content to support these consolidating regulations as far as they go. There is, of course, a wider debate to be had about the further steps necessary to reduce pollution, improve our air and water quality and embrace the circular economy, so that we design waste out of the system altogether, perhaps leading to fewer permits being needed. It will be interesting to hear at some point how the Government intend to deliver on their promise to leave the environment in better shape than they found it in these important areas of pollution and waste.

There is an increasingly pressing question about the future of the regulations in a post-EU world and the process that will ultimately take place to review them. Can the Minister update us on the department’s thinking in this regard and the extent to which all such pieces of legislation will be included in a great reform Bill? But I realise that I am straying slightly from the main point at issue today. I hope that the noble Lord can give us some responses, but I will reiterate that we support the regulations.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Baroness for her comments and questions. Having seen the document, my heart sank at its many pages, but in fact the framework is 50 pages and there are a lot of schedules. It is inevitably complex, but we want to get it right. It is important that it is part of a tidying-up exercise. I have no doubt that your Lordships and the other place will be considering other elements of the environment and environmental permitting in the years ahead. The noble Baroness is absolutely right. We want—as would any Government—the environment to be left in a better condition than the one we find it in now. That is a laudable aim, and we are working to that end with not only proposals in the 25-year plan for the environment, but many other aspects which perhaps we will debate at other stages in proceedings in this House.

On the question of the United Kingdom leaving the EU and the subject of environmental permitting, the first thing to say is that, as the Prime Minister has said, while we remain a member of the EU, the Government will continue to implement and apply EU legislation. Of course, the outcome of the negotiations with the EU will determine what arrangements apply in relation to EU legislation in future, once we have left the EU. The Government’s intention is to repatriate all the environmental permitting regulations into British law, as the noble Baroness said, via the proposed great repeal Bill. The environmental permitting regime will, as I say, remain under regular review, with proposed amendments to the rules expected between now and when we leave the EU. I see this very much as an evolving situation as we seek to work on the environment.

As I hope I have outlined, these are part of a continuum of updating the rules on permitting and putting them into a single piece of legislation—indeed, making them easier to find and to understand. We have made some changes which I believe improve the rules on the crushing of florescent lamps, and which will help us to protect the environment better, and a change has been made to reinstate the position for the Canal & River Trust and others with a statutory responsibility for dredging. As the noble Baroness has acknowledged absolutely, it is important that they will be exempt from the requirement to hold a permit for dredging because that is precisely part of their remit.

We wish these regulations to be part of our intention to leave the environment in a better condition than the one that we found. I commend these regulations to the House.

Motion agreed.

Agricultural Sector (EUC Report)

Lord Gardiner of Kimble Excerpts

Tuesday 22nd November 2016 Lords Chamber

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

My Lords, I too congratulate the noble Baroness, Lady Scott, on securing this debate and I acknowledge warmly all that she has achieved during what I might call her term of office. Her committee has produced an excellent report on price volatility and the steps that could be taken to help farmers adapt. The report draws on the experiences of farmers, banks and academia and, as we know, it was published before the result of the referendum. I am conscious that any discussion of the CAP and long-term opportunities for British farming now take place against a very different backdrop. I should at this juncture declare my own farming interests as set out in the register and say that our farming partnership is the recipient of CAP funds.

Farmers in the UK grow the ingredients that underpin our biggest manufacturing sector. Collectively, food and farming contribute £109 billion to the economy, including more than £10 billion from farming directly. British farmers are renowned for the quality of their products, the highest standards of animal welfare, and the traceability and transparency that gives confidence to consumers. They also play a vital role in managing our countryside.

I acknowledge the considerable price volatility that farmers endure. In the last two years the dairy sector has been particularly hard hit, experiencing the challenges of global overproduction, falling demand and the effects of the Russian embargo. These have pushed down milk prices and reduced farm incomes. Some farmers have taken the painful decision to stop producing milk. Others have cut back their production or their plans for new investment. In recent weeks, as part of these volatile market conditions, some processors have substantially raised their farm-gate milk price. Some farmers are receiving more than 30p a litre if they sell direct to supermarkets and specialist cheesemakers. Others are struggling with prices below 20p. The market is complex, with considerable uncertainty for many farmers.

The Government take volatility and low prices extremely seriously. Volatility remains a feature of agricultural markets and I have no doubt there will be further challenges. My noble friend Lady Byford asked about the farm recovery fund. In the last two years the Government have made substantial funding available to help farmers get back on their feet following the severe flooding. Indeed, last year the Government appointed a special envoy at ministerial level to work on the ground with affected farmers in Cumbria and Yorkshire to ensure that support was rapidly delivered and any practical problems could be resolved. I well understand what my noble friend is saying. It is very important that we are as rapid as we can be in helping farmers get back on their feet. The Government will continue to support hard-hit farmers in difficult circumstances, as my noble friend mentioned.

The Government have already taken steps to help producers in one way. We have introduced a new system of extended tax averaging which applies from April 2016. Indeed, in reading the report I note that the committee felt that this was a “positive development”. I am grateful to the noble Lord, Lord Trees, for also highlighting this. This system enables farmers to spread their profits for income tax purposes over five years. These reforms provide extra security to enable farmers to plan and invest for the future. All farmers are eligible and the scheme has been designed to be as simple as possible to operate.

I am grateful to the noble Lord, Lord Grantchester, for his support. My noble friend Lord Selkirk referred to the Chancellor’s confirmation on 13 August this year that to provide more certainty for the agricultural sector all structural and investment fund projects, including agri-environment schemes, signed before the Autumn Statement will be fully funded, even when these projects continue beyond the UK’s departure from the EU. In addition, he guaranteed that the current level of agricultural funding under CAP Pillar 1 will be upheld until 2020, as part of the transition to new domestic arrangements.

The noble Lord, Lord Teverson, asked about a number of points. A further package of EU funding was agreed by Ministers in July. The share of funds allocated to the UK was €30 million. Reflecting the committee’s advice, we are looking to direct some of these funds to support risk management training for livestock farmers to help improve their resilience. We will keep the committee in touch with our plans, including the outcome of the risk management training and the level of engagement by farmers. I think that is a very positive message.

The noble Baroness, Lady Scott, asked about the Government sharing their plans to develop domestic alternatives to the CAP. Early guarantees on funding have been made. Supporting our farmers and protecting the environment will be an essential part of our exit from the EU and I look forward, as do all my ministerial colleagues, to working with industry, rural communities and the wider public to shape our plans for food, farming and the environment outside the EU. We will be launching a major consultation on what that future is to look like. I am not yet in a position to oblige the noble Baroness, Lady Parminter, with the exact timing, but we are well seized of the importance of this work—more about that in a moment.

British producers are dedicated to their farms, their industry and their way of life. I know many of your Lordships from the countryside know how much dedication there is. There is also huge dedication to their livestock. One of the things that we at Defra are remarking to ourselves is the huge importance of animal welfare standards. We think this is an essential part of brand Britain. At home we have 65 million consumers on the farmers’ doorsteps who I believe increasingly value the high-quality food that is here. Indeed, there is a growing global appetite for UK food and drink as populations in major developing countries become more affluent.

As we negotiate the terms of our exit, we need to grasp the opportunities it presents to secure a vibrant future for British farming. I believe a desire for a strong farming sector and a well-managed environment are compatible, and we will work towards that end. Indeed, I reassure my noble friend Lord Selkirk and the noble Baroness, Lady Scott, that the need for a joined-up bold vision is what has inspired the 25-year plans that we will publish for food and farming and the environment. Defra and its organisations such as the Environment Agency, APHA, the RPA and Natural England will in future be more integrated, operating towards clear long-term goals.

As the noble Baroness’s report has shown, science and technology have huge long-term potential to boost efficiency and profitability on farms. Indeed, my noble friend Lady Byford stressed this with impressive figures for both public and private investment. We in this country are fortunate that we have some of the most visionary scientists in the world at research centres such as Rothamsted Research and the John Innes Centre. I say to the noble Earl, Lord Kinnoull, that I was delighted to see the research at John Innes that had been commissioned by Defra on disease-resistant ash trees. I believe this will be part of the research that is going to be so beneficial to us. As Minister with biosecurity responsibilities, I am very conscious of tree diseases and pests, whether insects or mammals. We want a glorious treescape in this country, and the work we are doing on tree resilience and tree health is an indication of the importance we place on this. We also have world-famous colleges and universities like Cirencester and Harper Adams training a new generation of farmers.

As has been mentioned by my noble friend Lady Byford, the Government are putting £160 million into the agritech strategy to make the UK a world leader. Innovation centres for livestock, crop health, precision engineering and data will help to transfer the latest knowledge and techniques from laboratory to farm. We are developing a food innovation network to ensure that ambitious entrepreneurs are linked up to the latest scientific knowledge. We want our farmers to have access to the best technology available so that they can remain competitive and contribute to the growth of the rural economy. In addition, we are improving our resilience to animal disease by investing in state-of-the-art laboratories and the upgrade of our biocontainment facilities at Weybridge—I am going to visit Weybridge on Friday—which will strengthen our ability to fight diseases like swine fever and avian flu.

In a world of volatility but also great opportunities, the people who will reap the fullest advantage will be those with skills, innovation, investment and indeed ambition. The best managers in farming are investing in developing expertise, adopting the best available techniques and harnessing the right technology to boost productivity and profits. We would like to see this practice spread right across the industry, which I hope will give reassurance to my noble friend Lord Selkirk.

The Government are seeking to raise skills levels across the workforce by trebling the number of apprentices in food and farming. We need to examine new models of farming such as share farming or franchises, which will allow new people and ideas to come into the industry. I am so pleased that my noble friend Lady Byford mentioned my noble friend Lord Plumb. My goodness me, what a friend he has been to agriculture and the countryside throughout his long life. The report raised some valuable questions about tenancies. We want a viable future for all farm businesses—including owner occupiers and tenants—as part of a strong, dynamic and flexible British farming industry.

The report makes an excellent case for exploring new financial instruments—something that the noble Lord, Lord Teverson, also highlighted in his speech, and I welcome him to his new post. These could help farmers access new forms of funding to modernise and invest. We need more capital going into the right investments to improve productivity and resilience in farming and throughout the food chain. As has been mentioned, the Government have appointed EKOS Ltd to identify the potential for loans, guarantees and equities in UK farming. We expect to receive its report within the next few weeks.

The noble Earl, Lord Kinnoull, and the noble Lord, Lord Trees, referred to wider international models such as the Australian farm management deposit scheme, which was highlighted in the committee’s report. I also note the Canadian scheme. The noble Earl also highlighted Flood Re as a template. It was undoubtedly a successful outcome of government working with industry, and we are keen to look at whether insurance schemes could be used to benefit the farming industry.

As the committee recommends, the Government have worked closely with the AHDB and the financial sector to explore the potential for futures markets in UK farming and other tools for managing risk. As was mentioned by the noble Baroness, Lady Scott, and the noble Lord, Lord Grantchester, on 14 November the EU markets task force published a report aimed at helping farmers absorb the shock of price volatility or prolonged periods of low prices. In order to stimulate futures markets, it recommends more awareness-raising and training in the farming community and farmers’ organisations and more reliable market data in which the markets will have confidence and faith. We will study the report with interest, assessing with the industry which elements would be most helpful for British farmers. Again, spreading knowledge of this will be immensely important.

My noble friend Lord Selkirk and the noble Lord, Lord Grantchester, referred to broadband. As I am a member of the technical skills task force, I am very conscious of the importance of this to rural areas. Public investment in improving broadband is nearly £1.7 billion. My department is working closely with DCMS and its delivery body to press for improvements in coverage, and I am personally well aware of enhancing in rural areas both mobile connectivity and broadband. We also need to be improving planning and regulatory conditions for rural businesses. This would help to create a highly skilled rural workforce, creating strong conditions for rural business growth and making it easier to live and work in rural areas, particularly by overcoming housing constraints and improving access to affordable childcare for working parents.

Farmers should receive a fair price for their produce, and the Groceries Code Adjudicator has an important role to play in changing behaviours in the supply chain—the noble Lord, Lord Grantchester, referred to this. The Government have launched a call for evidence to explore the case for extending the adjudicator’s remit. This recognises the concerns raised by other suppliers in the grocery sector—particularly primary producers and farmers—who are not covered by the code. The Government want to do all we can to help these businesses, and we look forward to hearing their views and others from right across the agrifood supply chain.

The noble Baroness, Lady Parminter, and the noble Lord, Lord Teverson, in speaking about the post-Brexit era, raised the importance—the supreme importance—of international trade to our country. Indeed, it is at the heart of our approach. Growth in world trade and prosperity will bring substantial opportunities to sell our high-value, high-quality food and drink as long as we are at our most resilient and competitive. That is why, in the coming weeks and months, Ministers will be crossing the globe banging the drum for great British food and drink. Indeed, my honourable friend the Secretary of State returned from China only last weekend, where she emphasised the importance of our trading relationship and promoting the quality and safety of British food. She also met Chinese food businesses to promote our food industry and support inward investment.

Last month, in Paris, the Secretary of State launched an ambitious new action plan to increase exports and bring a £2.9 billion boost to the UK economy. The new international action plan for food and drink identifies nine markets across 18 countries with the best potential for growth, including India, the USA and Canada, China and the Gulf. Across these countries, work is under way to secure new access—notably, market access for beef and poultry to Japan, lamb and beef to the USA, and pork to China. Together, over the next five years the Government and industry will help exporters sell more overseas and provide business support, mentoring and training to give new companies the confidence and skills to start exporting.

I am conscious of what we owe the noble Baroness and her committee members for their invaluable report. It was very encouraging to hear that my ministerial colleagues have already been picking up and running with it—George Eustice has responsibility for food and farming in particular. I think this shows the importance of the work of this House and your Lordships in this regard. The issues that have been raised are central to securing a resilient and competitive UK farming industry for the longer term. Farming is the backbone—that was my word, although I do not mind bedrock—of rural Britain, producing food and the stewardship of the countryside, and importantly the environment. This Government are absolutely clear about the importance of vibrant and sustainable rural communities that are sustained on a strong economy, making them great places to live, work and visit. Our task is to put our shoulder to the wheel to ensure that we leave the European Union in the best way we can for our country. We must ensure that Britain’s agricultural and horticultural sectors have a positive and vibrant future.

Footpaths

Lord Gardiner of Kimble Excerpts

Thursday 17th November 2016 Lords Chamber

[Lord Greaves (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and I remind the House of my interests as set out in the register.

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

My Lords, responsibility for the management and maintenance of the 118,000 miles of public rights of way in England lies with local authorities. The Government have allocated central funds for the establishment of the 2,700-mile England Coast Path. We have also provided funding for the maintenance of national trails and national parks where the Ramblers’ survey recognises that rights of way are in a better condition than elsewhere in the country.

--- Later in debate ---

[Lord Greaves]

I am not sure about Japanese knotweed on public footpaths, although no doubt Ramblers will report it if it is there. I am not sure that I am supposed to take interventions on Questions, either.

Also, there are issues with signposts that either do not exist or point in the wrong direction, as well as paths that become quagmires. The footpath network is resilient but there are increasing signs of problems in many areas. What are the Government doing about it?

[Lord Gardiner of Kimble]

My Lords, first I acknowledge the tenacity of the noble Lord on this matter and on the matter of Japanese knotweed; I very much enjoy our exchanges. I acknowledge the work of Ramblers and all its volunteers. This excellent report says that nowhere is the network broken and that problems are highly localised. In fact, 91% of paths are “adequately”—some requiring improvement—or “well” kept. I will be in touch with the chief executive of Ramblers, Vanessa Griffiths, because I want to explore with her where the 9% of paths are that are poorly kept, and why.

[Viscount Hailsham (Con)]

My Lords, I must declare a personal interest; I have footpaths over my regrettably modest landholding which I hope are available to the public and well maintained, as they should be. But perhaps I may mention the problem of diversion. Very often diversion is justified but very difficult to achieve. Can my noble friend look at that problem as well?

[Lord Gardiner of Kimble]

My Lords, perhaps I, too, should declare that there are footpaths across my land. I checked with the Open Spaces Society and I am relieved to say that they are all open. More seriously, the stakeholder working group has produced a finely balanced package of recommendations. We are working on those to deal with the precise point raised by my noble friend. We want to present our work in one go because this is very much a package of recommendations. I hope to bring it forward but I am not in a position to say precisely when.

[Lord Clark of Windermere (Lab)]

My Lords, does the Minister appreciate that one of the problems in, for example, the Lake District National Park, is the illegal use of public footpaths and bridleways by motorised vehicles and motorcycles? Can the Government raise and discuss this not only with Ramblers, but indeed with the Lake District National Park Authority and Cumbria Police, because this is a question of legality and so the police are involved?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, I have considerable sympathy with what the noble Lord has said and will raise it in my quite regular discussions with the national parks. So many issues of this kind are best dealt with at local level—by local authorities or the national park authority—so that we can bear down on the unacceptable use of these wonderful rights of way.

[Lord Robathan (Con)]

My Lords, perhaps I may reinforce the comments made by the noble Lord, Lord Greaves, about local authorities and landowners needing to keep footpaths open—but is this not avoiding the real problem, which is that our excellent footpath network is underused? We must encourage young people and schoolchildren in particular to get out and walk on footpaths, which might do something to get rid of the appalling levels of obesity and fat children in this country.

[Lord Gardiner of Kimble]

My Lords, the Ramblers report rightly highlights the importance to our well-being, both physical and mental, of walking and enjoying such paths. One interesting comment in the report was that the problem was not so much the bull in the field as the undergrowth. That suggests to me that some paths are not used as regularly as they should be. The Ramblers report has highlighted the work that we need to do to encourage more people to walk in the countryside.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I do not have any footpaths to declare across any of my land. Does the Minister recognise that private landowners could do far more to keep public rights of way clear of obstruction by repairing stiles and maintaining signposting? The Ramblers report shows that the paths owned by the National Trust and the national parks tend to be well maintained but the rest less so. What are the Government doing to raise the game so that there is a consistently high standard across all types of tenure, including private land?

[Lord Gardiner of Kimble]

I should say in declaring an interest that part of the cross-compliance arrangements that we as farmers and landowners have is precisely in the matter of keeping paths open. If we did not, we would not be adhering to those arrangements. What the report shows—I welcome the tone of what the Ramblers have suggested—is that we need to work together in partnership to get those 9% of footpaths open and better available. It is an overwhelmingly positive report about how partnership will make sure that all paths are in good condition by 2020.

[Baroness Pinnock (LD)]

My Lords, in my part of West Yorkshire there are 37 miles of public rights of way. In 2010, there were eight members of staff and a budget of some £250,000 to maintain them; today, there is one member of staff and no budget. Deterioration is therefore inevitable. Will the Minister explain how those paths can be kept open?

[Lord Gardiner of Kimble]

My Lords, it is interesting that the Ramblers report stated:

“The condition of paths varies across the country, but the picture is complex. Many local factors contribute and budget cuts alone do not explain why the path network is better maintained in some places than in others”.

Partnership with volunteers and local authorities is what works best. That is what I will encourage in my discussions. Of the 118,000 miles of rights of way, I very much hope that the noble Baroness’s 37 will be in good repair as well.

Flooding: Defences

Lord Gardiner of Kimble Excerpts

Tuesday 8th November 2016 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government whether flood defences are in place to protect vital infrastructure this winter.

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

My Lords, we have been working with essential service industries and communities to ensure that energy, telecoms and water are better protected. Industry is making a large investment to secure that protection through a mix of temporary and permanent defences. More key investments have been made to protect transport and medical facilities. The Environment Agency has purchased a further 20 miles of temporary flood defences, in addition to more than 60 new high-volume pumps and other equipment.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply, but is it not the case that most of the additional money being provided is for temporary defences which will help only a small number of sites under threat; that the recent National Flood Resilience Review identified 530 key infrastructure sites across England which will still be vulnerable to flooding; that there is an urgent need to fund more geographically specific water-catchment initiatives, a model which we know works; and that according to the Commons EFRA Committee, the Government’s plans so far are “fragmented, inefficient and ineffective”? In the light of all of that, what reassurance can the Minister give that there will not be a repeat of the devastation and the heartbreak that affected so many communities last winter?

[Lord Gardiner of Kimble]

My Lords, I would start where the noble Baroness finished—I thoroughly endorse what she said about the great sadnesses and difficulties of many communities after the floods last year. That is why we are investing £2.5 billion over six years in improving flood defences and spending more than £1 billion on maintaining defences over the course of this Parliament, much more than in the last Parliament. Of course, we all need to work on this. That is why I sent a letter to your Lordships about what is actually happening through the Environment Agency. So far as the EFRA report is concerned, we are in fact implementing many recommendations already, and managing watercourses on an entire-catchment-area basis.

[Lord Elton (Con)]

My Lords, the limitation of damage depends very much on an early and quick response to risk. Can my noble friend tell us what has been done to make sure that the emergency equipment that he has referred to is available in relatively local terms, rather than having to be shipped across four or five counties?

[Lord Gardiner of Kimble]

My Lords, that is why, for instance, more than 100 specialist flood rescue teams and associated equipment are on standby across the country, as part of the National Asset Register. It is absolutely clear that early warning is important so that the preparedness that I spoke about in my letter is adhered to. We are certainly working to ensure that as many communities as possible are well aware of flood risk.

[Baroness Parminter (LD)]

My Lords, storing water on flood-lands and tree planting are cost-effective means of alleviating flood risk. Given our exit from the common agricultural policy, do the Government agree that in future our farmers should be paid for providing public goods, including managing land to alleviate communities’ risks of flooding?

[Lord Gardiner of Kimble]

My Lords, I am not in a position today to say what our domestic arrangements will be after we have left the EU. However, as I think we all know, “slowing the flow”—Pickering is a good example, as is the Defra-funded demonstration projects at Holnicote in Somerset and Upper Derwent in the Peak District—clearly demonstrates that natural flood-management measures are very important in reducing flood flow and height downstream. So, I think this is a very interesting proposal.

[Lord Hunt of Chesterton (Lab)]

My Lords, can the Minister explain why government agencies have not been providing real-time warnings to individual houses and communities about flood levels, as happens in the Philippines’ NOAH system, where special hand-held communication devices are widely distributed so that people receive and send flood messages to control centres, leading to more accurate flood warnings for emergency services?

[Lord Gardiner of Kimble]

My Lords, that is precisely why—as set out in the letter I wrote and the Environment Agency paper Winter Ready 2016—the Environment Agency is extending flooding-warning service to more communities and improving the range of digital services on GOV.UK, to help people take action to minimise the impact. I very much hope the noble Lord will think of going to the meeting on 29 November, when the Environment Agency and other departments will be in Parliament so that all these matters can be discussed in more detail.

[The Earl of Kinnoull (CB)]

My Lords, will the Minister provide the House with an update as to whether Flood Re, the insurance solution which can provide affordable insurance for homes, is a success in its first year of operation, and what plans the Government might have to extend Flood Re to small businesses?

[Lord Gardiner of Kimble]

My Lords, the first thing to say is that 53,000 home insurance policies are now backed by Flood Re. In fact, 40 insurers representing 90% of the market are now participating in Flood Re. I am very pleased that the insurance industry has responded so enthusiastically. We want to see how that works first. It seems to be extremely successful. It has meant that policyholders have reasonable premiums. We will certainly look at any future issues.

[The Lord Bishop of St Albans]

The Minister has already referred to the EFRA Select Committee report, Future Flood Prevention. One of its recommendations is the imposition on developers of a statutory liability for the cost of floods where those developments have not complied with planning regulations or the local planning situation, thereby causing additional flooding. Does the Minister agree with this eminently sensible suggestion, and will Her Majesty’s Government adopt it?

[Lord Gardiner of Kimble]

My Lords, what the right reverend Prelate said is interesting and important. With the need for more housing and development, we must ensure that flood protection is very much considered. I will need to reflect on some of the detail of what the right reverend Prelate said. In terms of planning, although London and Hull are all parts of flood plains, we need to ensure that we do not develop where there is a danger of floods and we must have defences.

Japanese Knotweed

Lord Gardiner of Kimble Excerpts

Monday 7th November 2016 Lords Chamber

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

My Lords, we continue to explore bio-control options through the controlled release of the psyllid insect Aphalara itadori. Releases have been carried out at 18 sites this year using improved methods to increase the chances of establishment. Local action groups, some established with Defra support, continue to reduce or eradicate Japanese knotweed in several places in England. Community protection notices are starting to be used by local authorities to address the nuisance this plant causes.

[Baroness Sharples (Con)]

I thank my noble friend for that reply. Is he aware that I first asked this Question nearly 30 years ago? There has not been a great deal of progress. Is he aware of the man who killed his wife and committed suicide as he could not sell his property because of knotweed? Also, many people cannot get mortgages on their houses because of knotweed.

[Lord Gardiner of Kimble]

My Lords, first, I acknowledge my noble friend’s tenacity in seeking to deal with this brute of a plant. On mortgages, the Royal Institution of Chartered Surveyors published an information paper only last year that aims to help valuers and mortgage lenders better understand the implications of this plant for residential properties. We anticipate that this will lead to a more pragmatic approach between all parties in dealing with it. On what my noble friend said about the tragedy, this invasive species of plant is of great concern and we need to deal with it where we can.

[Lord Greaves (LD)]

My Lords, while the Minister’s work with the psyllid, the jumping plant louse, gets going, will he encourage local action groups around the country to tackle this dreadful plant in the ways it can already be tackled—though that needs a lot of work? Is he aware of the good work being done in my own borough of Pendle by an organisation called the Environmental Action Group? It employs young people who might otherwise have difficulty getting jobs, trains them and does good local environmental work. Along with the Ribble Rivers Trust, it has set about the task of eliminating Japanese knotweed from our borough.

[Lord Gardiner of Kimble]

My Lords, I certainly acknowledge what is happening in the noble Lord’s part of the world and I am well aware of the group in Pendle. Many local action groups are working to treat this problem and there is very good national coverage. As examples of where, with tenacity, we can deal with this, the Norfolk local action group eradicated all Japanese knotweed on the River Wensum special area of conservation, while in Bristol Japanese knotweed on all publicly owned land is now 95% under management. There are a number of good stories to tell. My view is that wherever people are determined to deal with this, it can be dealt with.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the Minister recently wrote to me confirming that Defra has a list of non-native species on its national eradication programme but that Japanese knotweed is not on it. Is that not evidence that the Government have rather given up on trying to eradicate it from our shores?

[Lord Gardiner of Kimble]

My Lords, I must be clear: this plant has been in the country since the 19th century and is very widespread—unfortunately, we sent it from Kew up to Edinburgh, thinking it was interesting. The prospect of eradicating every bit of Japanese knotweed is, alas, not viable at the moment but we hope the psyllid will, if successful, weaken the plant. That is the whole purpose of it. Certainly, where we have had species such as the Asian hornet, we acted immediately to deal with it. There are a number of species on the list that we want to eradicate immediately but I am afraid that a plant such as Japanese knotweed has been here rather too long.

[Lord Foulkes of Cumnock (Lab)]

I thought one of the Bishops might have come in on this Question to help us. However, since we have experts such as the noble Baroness, Lady Sharples, and the noble Lord, Lord Greaves, in the House, have the Government thought of appointing one of them as a knotweed tsar to get rid of all this?

[Lord Gardiner of Kimble]

My noble friend would make an excellent tsarina. The noble Lord will be pleased to hear that we constantly update officials in the Scottish Government because, as I say, this occurs across our nation. We need to deal with it, which is why where local action groups work together, they have been successful. They use herbicides, injections, glyphosate and all sorts of things, and they are making a difference where they want to.

[Lord Bird (CB)]

We could do what Dame Roddick did; when she went to Nepal and noticed that all the cyclamen were stopping water from flowing, she bought them and turned them into paper. If we could find a use for knotweed, all the Boy Scouts in the world could rush around to get it, raising money for our local charities.

[Lord Gardiner of Kimble]

I am all for raising money for local charities but, ideally, I would much prefer to have our native species than this invasive species, which is harming our natural environment.

[Lord Spicer (Con)]

Is the Minister aware that our noble friend Lady Sharples is somewhat of a patron saint among gardeners for her sustained attack on Japanese knotweed and for telling Ministers to get knotted every so often when they give excuses?

[Lord Gardiner of Kimble]

I know that my noble friend is tenacious and persistent. I very much hope she will continue to keep Defra and me on our guard, making sure that we do all the things, such as the Check, Clean, Dry and Be Plant Wise campaigns, that we need to make ourselves ever more biosecure.

Air Quality

Lord Gardiner of Kimble Excerpts

Thursday 3rd November 2016 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat in the form of a Statement the Answer given by my honourable friend the Parliamentary Under-Secretary of State for the Environment and Rural Life Opportunities, Dr Thérèse Coffey, to an Urgent Question in the other place. The Statement is as follows:

“Improving air quality is a priority for this Government and we are determined to cut harmful emissions to improve the health of the people that we all represent and to protect the environment. The UK currently meets the legal limits for almost all pollutants, but faces significant challenges in achieving nitrogen dioxide—NO₂—limit values. We are not alone, in that 16 other EU countries are facing similar challenges.

We have already achieved significant improvements in air quality across a range of pollutants. However, transport is responsible for 80% of nitrogen oxides—NOx—emissions at the roadside in areas where we need to act to reduce levels. That is why transport has been the focus of our action on air quality. We have committed more than £2 billion to green transport initiatives, including supporting the early market for ultra-low emission vehicles between 2015 and 2020. The main reason for the difficulty in meeting NO₂ limit values is the failure of Euro standards for diesel vehicles to deliver the expected reductions in NOx emissions in real-world conditions. Since 2011 we have been at the forefront of action in the EU to secure more accurate, real-world emissions testing for diesel cars.

The Transport Act 2000 gave powers to councils to introduce measures that would help on tackling air pollution. The national air quality plan for NO₂, published last December, set out an approach to improve air quality and achieve compliance. We are mandating five cities to introduce clean air zones and targeting the oldest and most polluting vehicles. The consultation on this framework was launched last month to ensure that a consistent approach is taken.

The plan that we had, Mr Speaker, was based on the best available evidence at the time. We have been pressing for updates to COPERT emission factors and got these in September. We said that when we got the new factors we would update our modelling and that is exactly what we are doing.

I am writing to councils to ask them what they are doing themselves to tackle air pollution. Our local authority grant fund was launched in early October and we are encouraging all local authorities to apply. We will shortly be launching a consultation on policy options for limiting emissions from diesel generators. In addition, funding was announced last month to boost the uptake of ultra-low emission vehicles.

We accept the judgment of the court and will now carefully consider it, and our next steps, in detail. But legal proceedings are still ongoing, so I may not be able to answer the question of every honourable Member in detail. I can assure you, Mr Speaker, that this is a top priority for me. It is a top priority for the Secretary of State. As the Prime Minister said yesterday:

‘We have taken action, but there is more to do and we will do it’”.—[Official Report, Commons, 2/11/16; col. 887.]

My Lords, that concludes the Statement.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for repeating that Statement, but I am sorry to say that the Government’s handling of this issue has been a disgrace. It should never have ended up back in court. Scientific evidence is showing that this is a huge public health issue, with around 50,000 early deaths a year, so I pay tribute to ClientEarth for its determination to bring the Government to account on our behalf. It is not good enough to lay the blame on local authorities when we need robust national intervention to tackle this issue.

Can the Minister tell us what the new deadline will be for wiping out illegal levels of air pollution? Can he clarify what the Government have in mind? Can he confirm that there will be a nationwide network of clean air zones covering all polluted cities, not just the five announced so far? Will he confirm that discussions are now taking place with the Department for Transport to introduce urgent curbs on the use of diesel cars and commercial vehicles, which, after all, lie at the heart of this problem?

[Lord Gardiner of Kimble]

My Lords, I assure your Lordships and the noble Baroness that the Government and my department take air quality extremely seriously. We are well aware of the health consequences of this and that is why it is important that we get the plans right. We received the judgment 24 hours ago, and it is essential that we consider the next steps in the light not only of the ruling but of the recent updates on data on emissions from diesel cars. Indeed, we are already working on that, having received them at the end of September.

On timing, I hope the noble Baroness will understand that the judge has given the parties seven days to reach agreement on an order setting out the timetable for developing new plans, and we are liaising with ClientEarth to agree this. I hope the noble Baroness will therefore understand that I am not in a position to give a categorical timing, but action is already taking place and there are existing powers, as I said. We are working with the devolved Administrations and with the five cities where mandatory clean air zones are intended, and tackling the oldest and most polluting vehicles. We are also working with the Department for Transport and the Treasury together to seek ways of improving what is clearly a hugely worrying and unsatisfactory situation.

[Baroness Featherstone (LD)]

I thank the Minister for repeating the Statement, but I am sorry to say that I find it totally unacceptable for a Minister say that the Government have mandated five clean air zones when 50,000 people a year are dying. I seek an assurance about all the people who are dying who are not in those five mandated cities. How urgent does he regard this? The Statement says it is a top priority. Can the Minister assure me that the whole country will be a top priority and not just five cities?

[Lord Gardiner of Kimble]

I thank the noble Baroness. It is essential that we deal with the compliance area in the plans we are going to bring forward and, yes, it is well beyond five cities. That is where we were mandating action, because there was such a significant problem, but I would not for one minute want to suggest that all areas of the country having the current levels of air pollution is a satisfactory position, because clearly it is not. That is why, in 2011, when we were in coalition with the party of the noble Baroness, £2 billion was allocated for green transport initiatives. We are actually in a world-leading position on ultra-low emission vehicles, for instance. With that £2 billion we are seeking improvements. I know that everyone is frustrated—I share that—but we really do want to make progress on this.

[Lord Smith of Finsbury (Non-Afl)]

My Lords, while action on diesel, however feeble, is welcome, and while five cities is a start—although nowhere good enough—if the Government are serious about improving air quality, how on earth can they have taken such a confident decision about the expansion of Heathrow, where nitrogen oxides are already in serious breach of health limits?

[Lord Gardiner of Kimble]

My Lords, the Government believe that the Heathrow north-west runway scheme can be delivered without impacting on the UK’s compliance with air quality limit levels, with a suitable package of policy and mitigation measures. Indeed, final development consent will only be granted if we are satisfied that, with mitigation, the scheme is compliant with our legal obligations.

[Lord Hunt of Chesterton (Lab)]

My Lords, would the Minister like to consider that in London there is a system called airText, which provides warnings for people, particularly those suffering from air pollution? It seems to me that that could be done quite immediately. The financial support and the arrangements need to be expanded, but we could roll it out throughout the country and if people know that tomorrow is going to be bad, they can then take steps. It seems to me that that should be done urgently—and of course, it is done in other cities.

[Lord Gardiner of Kimble]

My Lords, in order to give the noble Lord full details, I will take that point away, but it is very important that we provide information, particularly for vulnerable people. Given the air quality zones and the knowledge that Defra has on air quality across the nation, I suspect that that is within scope and that we could do it, but I will take this point away and inform the noble Lord and others about it.

[Lord Whitty (Lab)]

My Lords, does the Statement mean that the Government now accept that the national air quality strategy produced by the Minister’s department was found by the court, in what has been a bad week for the Government in court, to be flawed in its evidence and lacking in ambition to meet the targets? Although the Government endorsed the five cities that the Minister referred to, did not the Minister’s own officials recommend that clean air zones should be established in more than 20 cities? Lastly, 60 years on from the Clean Air Act—probably the only remaining positive outcome of the Eden Government—do the current Government accept that we need a new clear air Act, and possibly a clean air commission, as recommended by Clean Air Alliance UK? I declare an interest as the president of Environmental Protection UK, one of the members of that alliance.

[Lord Gardiner of Kimble]

My Lords, I would be the first to say that I think that the Clean Air Act and some of the improvements we have seen since that time have shown that Governments of all persuasions have taken this matter very seriously indeed. As I say, we got the judgment 24 hours ago and it is very important that we consider all the measures. We accept the judgment, and we now have to work speedily and constructively to ensure that we remedy a situation that we all wish to be much improved.

[Lord Hain (Lab)]

My Lords, will the Minister indicate how, under this ruling, diesel cars purchased in recent years that do comply with EU standards can themselves be phased out?

[Lord Gardiner of Kimble]

Obviously, we will have to look at diesel. As I mentioned earlier, the updates we received on emissions at the end of September mean that we are going to be looking at this area very carefully indeed. The most important thing is that we wish to target our work at the oldest and most polluting vehicles. We have been working on that with the five cities, but many other cities will be working on it and we need to work together because we need to get it right this time. I assure your Lordships that the department and its officials want to make this a lasting settlement on this issue.

[Lord Greaves (LD)]

My Lords, local authorities throughout the country have a duty to test pollution levels—for example, on main roads passing through their towns—and they can declare zones where the air quality is not high enough, yet they have no real powers to do anything about it. What is the purpose of this exercise?

[Lord Gardiner of Kimble]

My Lords, my understanding of the Transport Act 2000 is that local authorities do have the powers. Referring to the question of the noble Lord, Lord Whitty—which I should have answered more fully—we believe that there are existing powers for local authorities to set up clean air zones. The ability of charging authorities to introduce a clean air zone was clearly set out in the Transport Act 2000.

Brexit: Environmental and Climate Change Policy

Lord Gardiner of Kimble Excerpts

Thursday 20th October 2016 Lords Chamber

[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. Although this is a debate about the environment, agriculture clearly comes into it very strongly.

I join your Lordships in expressing gratitude to the noble Baroness, Lady Parminter, for raising these important issues for debate. It has been a very thought-provoking debate, and I have listened carefully. I do not think that there were 93 questions, but I fear that I shall not be able to satisfy your Lordships as to all the numerous questions. I shall, of course, write in full after the debate.

My department leads on environment and climate change adaptation policy, and works closely with the Department for Business, Energy and Industrial Strategy, which has lead responsibility for climate policy generally. From the outset, I want to set out the Government’s stance on the future of environmental policy. We are committed, irrespective of the result of the EU referendum, to delivering the environmental outcome laid out in our manifesto—to be the first generation to leave the natural environment of England in a better state than we found it. I say to the noble Baroness, Lady Young, that we want to enhance not maintain it—we want to go beyond that—which is why we are developing a 25-year environment plan to deliver this. This plan will be key to informing our approach to environmental policy in the longer term. I am very pleased that my noble friend Lord Selborne rightly emphasised the work of the Natural Capital Committee.

Following the decision to leave the EU, we have the opportunity to widen the scope of the environment plan and design an approach and supporting regulation that are tailored for our country. That is something very much that the noble Baroness, Lady Jones of Whitchurch, sought to tease out in her questions. We have started conversations with stakeholders to understand views on opportunities for Defra policy outside the EU. My right honourable friend the Secretary of State is holding stakeholder meetings on farming and horticulture, fisheries, food and drink and the environment. The plan will set the direction for all our more detailed environmental policies and plans, and there will be full consultation with the Natural Capital Committee. Defra will continue to engage with the full breadth of stakeholders. The noble Baroness, Lady Jones of Whitchurch, referred to charities and civil society; we shall, of course, engage with all at official ministerial level.

As noble Lords have said, three-quarters of our landmass is farmed, and how we manage our farmland is key to tackling some of the environmental challenges. The 25-year environment plan will be developed to dovetail and sit alongside the 25-year food and farming plan. This was something that I think the noble Baronesses, Lady Young, Lady Miller and Lady Parminter, all raised. Again, I think that all of us recognise that the two plans need to work together to show how agriculture can contribute to our natural environment and, at the same time, be increasingly productive and provide good-quality, high-standard food for our country and to export.

We need to make sure that even more people are better connected to the environment and that everyone has the chance to appreciate the wonders of our country. We need to take account of our natural systems, such as river catchments, and landscapes. Local communities have an intrinsic role and are often best placed to secure the best outcomes for the environment. This engagement with local communities will allow everyone to understand better how agriculture and land management can work in harmony with improving our environment and, for instance, coping with flood risk. We want our water and seas to be cleaner, our air to be of better quality, our plants and wildlife to be healthier and our land to be better managed. We want to invest in woodland planting and peatland restoration, which will contribute towards achieving carbon targets as well as improving water quality, flood mitigation, biodiversity and recreation. To make this a reality, we will publish an environment framework shortly, which will start off a period of public engagement to help shape the 25-year environment plan. We aim to publish the full plan in 2017.

The UK has a long tradition of protecting the environment, which indeed pre-dates our accession to the EU—we have the National Parks and Access to the Countryside Act 1949, the Protection of Birds Act 1954 and the Clean Air Act 1956. We have recently taken action independently of the EU with, for instance, the expansion of two national parks and we have announced plans to ban the sale and manufacture of cosmetics and personal care products containing microbeads. I was very taken by what the noble Lord, Lord Hunt of Chesterton, said about the coastline—only yesterday I was talking to the Marine Conservation Society about the important work that it does with volunteers to help clean up our coastlines.

We have already achieved some success—I think my noble friend Lord Selborne referred to this. Our rivers, beaches and air are cleaner than they were 50 years ago, household recycling levels have quadrupled in the last 15 years, tree cover has increased to its highest level in 600 years and 63% of our protected habitats have been restored. We have also seen the recovery of some species such as the lesser horseshoe bat and birds such as the tree sparrow, cirl bunting and stone curlew. The 5p plastic bag charge introduced last year has already led to 6 billion fewer bags being handed out. But I am the first to say that, of course, more needs to be done. My noble friend Lord Selborne mentioned soil health, which is vital for food production and the state of the welfare of the planet.

A number of your Lordships, including the noble Lord, Lord Teverson, quite rightly mentioned sustainable fisheries. I very much remember the debate that was introduced by the noble Baroness, Lady Scott of Needham Market, about the North Sea. I am sorry if I was not quite as buoyant as her description suggested, but I felt very strongly about the important work on sustainable fisheries, and indeed what is starting to come out from that work, which is that—as the noble Lord, Lord Teverson, referred to—there are some success stories. We must look positively at the opportunities. There are lessons to be learned about what has happened in the North Sea in terms of sustainable fisheries and also about what has not worked. I was pleased to hear more from your Lordships on that. Of course, what we want from our fisheries policy is a more financially self-sufficient, profitable and responsive UK seafood sector. We also want to deliver a cleaner, healthier and more productive marine environment. Those two must go hand in hand.

We also have an ambitious manifesto commitment to plant a further 11 million trees. I join the noble Baroness, Lady Young of Old Scone, in admitting that I love trees. I think that they are absolutely essential to our lives—I have indeed planted a few myself. I was pleased also that the noble Baroness, Lady Miller of Chilthorne Domer, mentioned agro-forestry and its importance. I very much enjoyed the visit I had yesterday; it was really interesting.

We also need to do more to tackle invasive non-native species. As the Minister responsible for biosecurity, among other matters, I assure your Lordships that I am very strongly of the view that we need to help our environment in that regard.

We take air pollution seriously and are committed to improving air quality. Our national air quality plan for nitrogen dioxide, published last December, sets out a comprehensive approach for achieving compliance in the shortest possible time, including the introduction of clean air zones.

We will have opportunities through the 25-year environment plan to strengthen integrated planning at river catchment level. My noble friend Lord Selborne mentioned river catchment levels and a number of your Lordships mentioned the need for integration. That is absolutely clear and we must do that.

The decision to leave the European Union means that we have to consider how we achieve our long-term vision to be the first generation to leave the natural environment in a better state. It is an opportunity to design an outcome-focused regulatory framework, one which is effective, efficient, tailor-made and—I agree with the noble Baroness, Lady Parminter—evidence based, to ensure that it is right for the needs of our country.

The desire for certainty around what Brexit means for our regulatory and legislative framework is, of course, well understood. The noble Baroness, Lady Parminter, confirmed that the Prime Minister announced earlier this month our plans for a repeal Bill that will convert current EU law into domestic British law. We will also continue to honour our obligations contained in the numerous multilateral environmental agreements reached as a result of global action on environmental protection which the UK is a party to in its own right. I hope that is some reassurance to the noble Baroness, Lady Jones of Whitchurch.

The UK has already played a central role in securing a global agreement to bear down on the use of hydrofluorocarbon greenhouse gases over the next three decades. The agreement, secured only last week in negotiations under the United Nations Montreal protocol, is estimated to reduce cumulative emissions by the equivalent of between 60 billion and 70 billion tonnes of carbon dioxide by 2050.

Climate change remains one of the most serious long-term risks to the planet. The noble Lord, Lord Giddens, explained that in his usual way. I am afraid that I could not begin to deal with the 93 further questions, but I will make sure that I look at those more thoroughly and digest them before I next meet him. The Government’s commitment to tackling climate change is as strong as ever.

We should all be proud of the role played by the UK’s negotiators and the leadership shown by my right honourable friend Amber Rudd, as former Secretary of State for Energy and Climate Change, during the Paris conference. The comments of the noble Lord, Lord Teverson, about our civil servants and negotiators were absolutely right. My right honourable friend played a crucial role in building alliances, facilitating discussions on climate finance and brokering arrangements on pre-2020 ambition. Therefore, I hope the noble Baroness, Lady Featherstone, will accept that those were actions and not words. This was crucial to securing a successful deal.

The Paris agreement is a significant step forward, with 195 countries committing for the first time to take action to keep the average global temperature rise to well below 2 degrees centigrade above pre-industrial levels, pursue efforts towards a 1.5 degree centigrade figure and work towards a long-term goal of net zero emissions in the second half of this century. The noble Lord, Lord Giddens, asked me about our own commitment to that. The UK has started domestic procedures to enable ratification of the agreement and will complete these before the end of the year.

We are fully committed to the global climate deal agreed in Paris and, in demonstration of that commitment, we have started the domestic procedures. Indeed, we are already playing our part in delivering the Paris agreement through our domestic climate framework set out in the Climate Change Act 2008. Under the Act, the UK was the first country to introduce legally binding emission reduction targets. We remain committed to meeting the Act’s target to reduce UK emissions by at least 80% on 1990 levels by 2050, and adhering to the interim carbon budgets set out under the Act.

We have already made great progress. Provisional statistics indicate that UK emissions in 2015 were 38% lower than in 1990. Consistent with our commitment to the Act, in July, the Government set the fifth carbon budget in line with the recommendation of our independent advisers, the Committee on Climate Change. As a result of our strong domestic stance, the Climate Action Network rates us as second only to Denmark in taking action against climate change.

We are now looking ahead to our emissions reduction plan, which will set out how we will cut our emissions through the 2020s. This will form an important signal to the markets, businesses and investors. The noble Baroness, Lady Parminter, and other noble Lords mentioned the importance of signalling to markets and investors in business. We want to invest the time now to undertake the preparatory work necessary to ensure that we get this right. This will, of course, include engaging across businesses, industry and other stakeholders, on the shared challenge of moving to a low-carbon economy.

Looking to the future, the decision of the British people to leave the EU does not mean that we will step back from our international leadership against climate change. I know that this is of considerable concern to many of your Lordships who have spoken today. The key role the UK played in securing two recent major global climate agreements—one to combat aviation emissions at the assembly of the International Civil Aviation Organization and the other to phase down the production and use of hydrofluorocarbons under the Montreal protocol—evidences this fact. I hope, again, that the noble Baroness, Lady Featherstone, will accept that this is action, and not just words. Our relationships with the US, China, India, Japan and other European countries will stand us in good stead as we deliver on the promises made in Paris.

Domestically, we are preparing for the impacts of climate change, including the increased threat of extreme weather and flooding, working on a five-year cycle of assessment, action and review underpinned by the Climate Change Act. Adaptation is integrated across the policies and programmes of Government. Departments work closely together—as I know myself, with responsibility for the climate change adaptation sub-committee—to increase the nation’s resilience to climate change, using the first ever national adaptation programme as a common framework.

Over the past few years, that adaptation sub-committee, under the exceptional leadership of the noble Lord, Lord Krebs, has made great strides in improving our understanding of the impacts of climate change. In 2015, that sub-committee published its first independent assessment of the progress being made. In July this year, the sub-committee published a comprehensive report for the second climate change risk assessment. This has provided a detailed assessment of those risks that are the most immediate priorities for action, and will form the basis of the Government’s climate change risk assessment that we will publish in January and which will underpin our next national adaptation programme due in 2018.

Internationally, we continue to support countries to adapt to the impacts of climate change as well as enabling them to take action to reduce their emissions. Last year, we committed to provide at least £5.8 billion of international climate finance over the next five years, as well as continuing to mobilise funds from a variety of sources.

The noble Baroness, Lady Featherstone, asked about climate change ambition and consumer confidence. The Government are committed to tackling climate change. As I said, domestic legislation is supported across the political spectrum and is unaffected by the results of the referendum. As I also said, in July, the Government set out the fifth carbon budget, and our emission reduction programme will outline our plans to meet our targets.

The environment plan framework will be published shortly and there will be a period of consultation. I will ensure that your Lordships are all sent the documents when they have been published, and I very much encourage and look forward to responses. I should say to the noble Baroness, Lady Jones of Whitchurch, that it has always been the Government’s intention that Parliament should be engaged throughout the process that has been described today. There is of course, as I think she concedes, a balance to be struck between transparency and good negotiating practice. I can assure your Lordships, and in particular the noble Lord, Lord Teverson, and his committee, that I know that they are undertaking important work and I very much welcome the opportunity for them to feed the results of their work into our policy development.

We have had some interesting exchanges today. As a representative of Defra in this House I very much want to assure your Lordships that I will always be available, both inside and outside this House. I want the issues that have been debated today to be current for me; therefore I welcome regular dialogue. They require our utmost attention. I conclude by assuring your Lordships of the resolve of all my ministerial colleagues, as well as myself, to secure an objective which we all share—that is good—which is that we want a better environment for all.

[Baroness Jones of Whitchurch]

My Lords, before the Minister sits down, can he clarify one thing? I absolutely agree with his sincerity. He talked about the great repeal Act. Will that be a blanket process, in which everything which is currently in EU legislation is absorbed into UK legislation, or will there be a process of sifting out what is fit for purpose and what is not?

--- Later in debate ---

[Lord Gardiner of Kimble]

I can quickly say but in more detail that this is to ensure that there are no gaps and therefore EU law will be brought into domestic law.

Farming: Impact of Brexit

Lord Gardiner of Kimble Excerpts

Thursday 21st July 2016 Lords Chamber

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

My Lords, I also congratulate my noble friend Lady McIntosh on securing this debate and providing a further opportunity for your Lordships to discuss agriculture, which followed that splendid debate that my noble friend Lord De Mauley promoted a few weeks ago. I hope that I will be able to encourage the Chief Whip to oblige us with many more opportunities.

It has been a thought-provoking debate and I have listened carefully. I also express my considerable thanks to noble Lords for their typically generous and kind remarks following my appointment. I am so glad that I am considered to be a round peg. I very much look forward to working with your Lordships. Noble Lords have proposed a number of questions, some of which I know they will understand that I am not in a position to answer in detail today. At this juncture, mindful of the noble Lord, Lord Thomas of Gresford, I should declare my farming interest as set out in the registers. Hay was baled and in the barn this week and I am hoping that I shall be on a combine with the barley being cut next week.

Farming is at the heart of the UK’s identity. The right reverend Prelate the Bishop of St Albans vividly described what the countryside means. The woodlands and forests of our country mentioned by the noble Earl, Lord Sandwich, are a clear part of our identity, and the British countryside is important to so many of us for domestic or international tourism. These are all jewels in the crown. Some 70% of UK land is agricultural. We have a world-class food and farming industry that generates over £100 billion a year for our economy.

Our Great British Food Unit is promoting great British produce at home and abroad, boosting the £18 billion in food and drink that we sold across the world in 2015, and cementing Britain’s reputation as a global food nation. From Welsh lamb and Northern Irish beef to Scotch whisky and English wines—I am sure that the noble Baroness, Lady Jones of Whitchurch, will not mind me saying that I do not think any of us would consider those to be niche—we should be proud of the UK industry’s world renown for the quality of its produce and its high standards of animal welfare. I am very conscious of what the right reverend Prelate the Bishop of St Albans said about the importance of high standards and, indeed, what was said about procurement.

We know that there is great global demand for quality British dairy products. For example, the Wensleydale Creamery now exports Yorkshire Wensleydale cheese around the world, which accounts for 14% of its business. I was delighted that my noble friend Lady McIntosh also referred to her favourite Yorkshire cheese. The UK dairy industry exported to 138 countries last year, totalling £1.2 billion. Dairy exports to China have increased by more than three-quarters in value compared with 2014.

My noble friend Lord Caithness raised the matter of science. Around the globe, we are recognised as the home of agricultural research and a pioneer in food production techniques. We have one of the most technically advanced and forward-looking farming industries in the world and we have given a lead to others in the field. My noble friend also asked about research and its future. The referendum result has no immediate effect on those applying to or participating in EU research funding. We are determined to ensure that the UK continues to play a leading role in European and international research and innovation.

Indeed, data and technology have a central role to play in increasing the productivity and competitiveness of British farming. Last year, Defra announced that it would release 8,000 datasets to the public. By the end of last month, 11,007 open datasets have been published by the Defra group. This is an amazing opportunity in support of our food and farming sectors to reach their full potential.

My noble friend Lord De Mauley spoke about technology. He of course was instrumental in the advance of the agritech sector, and I am delighted that the Government committed £160 million to be co-invested with industry to address challenges in the agritech sector. For instance, Agrimetrics, the first centre for agricultural innovation launched last year, will receive funding to create a big-data centre of excellence for the agri-food system. Three others are set to be launched, including the Centre for Crop Health and Protection, the Centre of Innovation Excellence in Livestock and the Agricultural Engineering Precision Innovation Centre. These will all be great opportunities for us to help increase productivity in the livestock sector, generate enhanced crop yields, and should also lead to improving pest control and support scientific breakthroughs in such areas as nutrition, genetics and satellite imagery.

As we all recognise, the UK farming industry is a critical component of the UK’s economic success. Indeed, many noble Lords posed questions on this. We are determined to strike good and positive trade deals with the EU, accelerating our international trade negotiations. Our food and drink exports have increased by over 6% since 2010, and we wish to advance on those, particularly in non-EU countries where exports have been increasing steadily from 34% in 2010 to 40% in 2015. Surely, with global population growth expected to reach 8.1 billion by 2025, demand for food will increase, which offers enormous market opportunities for us here.

We will forge the strongest economic links with our European neighbours as well as our close friends in North America, the Commonwealth and countries such as Japan and China, where export opportunities are endless. We are building on strong foundations and work is already under way to create a modern, open approach to our business, using data and innovation to drive productivity and maximise new opportunities. As we negotiate our exit, we have an unparalleled opportunity to develop a new approach and make sure that our policies are delivering for us.

We have promised in my party’s manifesto 25-year plans for food and farming and for the environment. We are still committed to those plans, but the nature of these will change since the UK decided to leave the EU. We will consider our long-term vision for the environment, food and farming. We look forward to continuing to work with a wide range of interests—I emphasise that point to my noble friend Lord Caithness —including the CLA, the NFU, farming organisations, wildlife groups, the food industry and consumers, so that we can determine that vision and work together to deliver it.

Perhaps I may assure the noble Baroness, Lady Miller of Chilthorne Domer, that Defra will champion the countryside and the rural communities within it. As the promoter of the national pollinator strategy, I am also determined that we will see wildflower meadows in many places.

I need to make a number of further points during my brief opportunity to speak. Defra’s priority is to guarantee that we leave the EU in the best way for Britain, ensuring that Britain’s farming sector has a vibrant future. As my noble friend Lady McIntosh said, a new department has been established. Defra has a seat at the table and will play a key role in the discussions. We will be working very closely with the devolved Administrations throughout the negotiations. As has been recognised, we are relinquishing the UK presidency of the Council of the European Union next year. As the Prime Minister has said, this is in order to prioritise the negotiations for us to leave the European Union. But until we leave, it is business as usual. We continue to be a full member of the EU, UK farmers have access to the single market and they still need to comply with all that is required.

On the issue of agri-environment schemes, we recognise fully the need to offer clarity to farmers and other land managers. This is an important early challenge, and I can assure your Lordships that we are already in conversation with the Treasury.

To address a specific point made by a number of noble Lords—the noble Earl, Lord Kinnoull, was particularly clear on this—I want to emphasise the word “support” because a number of speakers have used the word “subsidy”. My view is that we provide support for what farmers do to help us, in so many ways, in the national and public interest. My honourable friend the Secretary of State has been very clear that this now needs to be looked at carefully. We are committed to working with the industry and to developing an exciting new vision for British agriculture—a vision based on sustainable, productive and competitive industry. I know that the NFU is about to launch its consultation and we look forward to hearing from many others.

Britain is a great country and we have always thrived and prospered on the world stage. International trade is at the heart of our economy and we will embrace the opportunities. Perhaps I may finish by saying that I wish all farmers as successful a harvest as possible, and indeed to your Lordships I say, “Summer well”.

Single Farm Payment Scheme

Lord Gardiner of Kimble Excerpts

Wednesday 20th July 2016 Lords Chamber

[The Earl of Shrewsbury (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and declare an interest as a member of the National Farmers’ Union.

[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. I acknowledge that in the first year of the new and complex CAP scheme there have been enormous challenges. I recognise that many farmers have waited longer than I would have wished for their payments. As of 17 July, 86,788 farmers—that is 99.6%—have received around £1.35 billion of payments. The Rural Payments Agency continues to focus on making top-up payments to those who have already received bridging payments.

[The Earl of Shrewsbury]

My Lords, I am grateful to my noble friend for that reply. I congratulate him on his new promotion. Is he aware that many farmers are facing severe cash-flow difficulties because of these payment delays, and indeed that some have gone out of business? Many have had to sell livestock prematurely in order to settle their own financial commitments, and many have had to dig into their savings. How does this unhappy situation concur with Her Majesty’s Government’s policy of ensuring prompt payments to SMEs, and is the Minister sure that the RPA administrative machine is adequately resourced?

[Lord Gardiner of Kimble]

My Lords, I thank my noble friend for his very generous comments; I am indeed hock-deep in Defra briefings. I am well aware of the situation for many farmers, as my noble friend has described, and many lessons clearly have to be learned from this first year. Indeed, we are looking to have 90% of farmers being paid their 2016 BPS claims in December. I shall be visiting the RPA as soon as I can, and I very much hope that we get into a better situation for the coming year.

[Lord Clark of Windermere (Lab)]

My Lords, were these delays caused because money was not released through Europe or was it, as many farmers have told me, that the money had been transferred to Defra but Defra had not paid it out? Where was the delay?

[Lord Gardiner of Kimble]

My Lords, there are a number of reasons for this. In part, as I said in my first reply, it is because this is a new CAP with a lot of complication, which we in the UK sought to make less complicated. The noble Lord will know about disallowance, and one of the issues that comes forward is ensuring that we have a much-reduced disallowance situation. Money was available but there were very sound reasons why we had to ensure that there was a reduction in disallowance.

[Lord Curry of Kirkharle (CB)]

My Lords, the recent National Audit Office report was quite damning about the administration of the scheme. Not only are we suffering disallowance because many farmers are not receiving their payments, as the Minister has acknowledged, but some have had to submit a second year’s application form before the first year has been confirmed. They are deeply concerned that they may suffer other disallowance penalties because the original form may not be complete.

[Lord Gardiner of Kimble]

My Lords, as I hope your Lordships will understand, not only am I aware of these issues but I have great sympathy and understanding of them. The remaining claims that we have to deal with concern some very complicated commons issues, cross-border issues and issues like probate, where we have the money but there is as yet no grant of probate for people to receive those funds. There are a number of reasons why we are down to about 1,200 claims, but still I am looking for progress.

[Baroness Parminter (LD)]

My Lords, farmers need reliable broadband to apply for these farm payments and run their businesses. Given the criticism this week from the Select Committee of BT Openreach’s quality of service, what are the Government going to do to ensure that we get decent broadband in rural areas?

[Lord Gardiner of Kimble]

My Lords, that is a top priority. It is why there has been considerable government investment in this, and we need to work with a number of stakeholders to improve it. One of the greatest difficulties is the last 5%. I am very interested in this; it is where our remote rural areas are being disadvantaged, and I am very keen that in Defra and DCMS we work on this with innovation to see how we can help.

[The Lord Bishop of St Albans]

My Lords, those of us in touch with the farming community are deeply aware of the 13,000 cases that are being reassessed at the moment, and we are grateful for what is being done to expedite that. The important question is: how will the system be reviewed and resourced so that this does not happen in future years? Can the Minister assure us that something is being done to guarantee that we have a better system? In particular, will he reconsider appointing a specific case worker for each application to try to see them through?

[Lord Gardiner of Kimble]

My Lords, there are close working relationships in some of the RPA centres, but I will take that back. I understand that of the numbers in payment reconciliation, the 13,000, 1,400 have already been completed. We want to make progress on this. One other thing I should have said before is that quite a number of people at the RPA are working on this—between 800 and 1,000—so the RPA considers itself perfectly well resourced to undertake this.

[Lord Grantchester (Lab)]

My Lords, I declare my interest as a farmer receiving payments, and I also welcome the Minister to his new appointment. He will know that these payments very often make up the largest part of farmers’ net income. Will the Government commit to developing a dedicated, fully funded agricultural and rural policy to replace the common agricultural policy following the Brexit vote?

[Lord Gardiner of Kimble]

My Lords, I thank the noble Lord. We both hold the dairy industry extremely dear. On that point, one of our highest priorities of all is to ensure that we are now working on the creation of a domestic agricultural policy that will support our farmers and consumers in our country at large.

[Baroness Byford (Con)]

My Lords, can the Minister cast a bit more light on the reasons for some of these delays? Is he confident that the new IT system is adequate? Over the years, IT system failure has caused delays in many of the payments. I should declare that we have received our farm payment.

[Lord Gardiner of Kimble]

My Lords, I understand what my noble friend said, and yes, I have looked into this already. The main IT system has worked very well indeed, and in fact, over 80% of the claims were submitted online this year, which is the highest proportion of online claims in any one year. We need to improve on that. A lot of the work this year has been about improving the IT system. We have invested quite a lot; now we need the return.

Deregulation Bill

Lord Gardiner of Kimble Excerpts

Tuesday 3rd February 2015 Lords Chamber

[Lord Bradshaw]

I thank the Minister for what he has said, but what was missing was the question of what happens—

[Lord Gardiner of Kimble (Con)]

My Lords, it is my noble friend Lord De Mauley’s amendment that leads this group, so I rather think that my noble friend Lord Bradshaw is not in a position to make the speech that he is proposing to make.

Amendment 8 agreed.