Environment Bill

Lord Goldsmith of Richmond Park Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

Moved by

[Lord Goldsmith of Richmond Park]

That the Bill be now read a second time.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, I declare my interests as set out in the register. I am delighted to commence Second Reading. As we progress with the Bill’s passage, I will be assisted by my noble friend Lady Bloomfield of Hinton Waldrist and I am very grateful to her for all her support so far. It is an enormously important Bill that will deliver meaningful change for our environment and support our goals to achieve net-zero emissions, stem the loss of our precious species and their habitats, and reduce the impacts of pollution.

2021 is a “super year” for nature, a turning point. Through the COP 26 UN Climate Change Conference, the Convention on Biological Diversity in Kunming, and the upcoming G7 leaders’ summit, the UK has both the opportunity and responsibility to provide world leadership. The Bill is an important part of demonstrating that leadership.

The Bill sets a new and ambitious domestic framework for environmental governance as we maximise the opportunities created by leaving the European Union. It will give the Secretary of State a power to set long-term, legally binding environmental targets of at least 15 years. The Bill’s framework allows for long-term targets to be set on any aspect of the natural environment or people’s enjoyment of it. However, it requires the Government to set and achieve at least one target in four priority areas: air quality, biodiversity, water, resource efficiency and waste reduction, as well as a target for fine particulate matter or PM2.5.

These targets will be set following a robust, evidence-led process that will include seeking independent expert advice, a role for stakeholders and the public, as well as scrutiny from Parliament. They will build on progress towards achieving the long-term vision of the 25-year environment plan, complement our net-zero target and help tackle some of the serious challenges that remain. We are also tabling an amendment to require a historic, new legally binding target on species abundance in England for 2030, aiming to halt the decline of nature. This world-leading measure will do for nature what our net-zero target is doing for emissions. It will spur action across government and across society on the scale required to address the biodiversity crisis.

The new independent office for environmental protection will hold us to account in ensuring that these targets, and all environmental law obligations on public authorities, are met. The OEP’s principal objective will be to contribute to environmental protection and the improvement of the natural environment. It will provide the necessary oversight to support long-term environmental governance. The OEP, chaired by the highly respected Dame Glenys Stacey, will independently monitor the way public authorities implement environmental law. Her appointment is a huge win for the OEP; she is a strong voice for the environment and will not shy away from holding this Government, or indeed any Government, to account. The OEP will track and report on progress on environmental improvement plans and targets. It will also receive and investigate complaints on serious breaches of environmental law by public authorities, taking legal action where necessary. On that note, I thank the noble Lords, Lord Krebs and Lord Anderson of Ipswich, in particular for our detailed conversations already on this matter.

Clearly, the environment must transcend the work of Defra alone. That is why we are embedding internationally recognised environmental principles into domestic law. These principles include the integration, prevention, and precautionary principles, as well as the rectification at source principle and the polluter pays principle. Policymakers across government, from the Department for Work and Pensions to the Department for Transport, will be legally obliged through a statutory policy statement to consider these principles in all policy development where it affects the environment. This is a serious innovation in how the Government make policy.

The resources and waste measures in the Bill will move us away from a “take, make, throw” model to a more circular economy that keeps materials in use for longer. Measures in the Bill will act across the product life cycle so that we can become a world leader in using resources efficiently. The Government will not only ensure that producers are paying the full costs of the waste they create through extended producer responsibility, but empower our citizens to make more sustainable choices, with clearer product information through material efficiency and eco-labelling, in addition to a more consistent recycling system that is common to every local authority

We will provide for more effective enforcement against litter and fly-tipping. We have also taken powers to act on our manifesto commitment to ban the export of plastics to non-OECD countries. These measures combined will have tangible impacts on citizens and our economy, ensuring that the Government are reducing the impact of consumption on our planet. I thank the noble Baronesses, Lady Parminter and Lady Bakewell of Hardington Mandeville, for their interest in these matters particularly.

The Bill gives the Secretary of State the power to amend REACH regulation, including the REACH Enforcement Regulations 2008. Effective regulation of chemicals is essential for the protection of human health and the environment. The UK is a world leader in the management and regulation of chemicals; that does not change now that we have left the European Union. This power will ensure that legislation can keep up to date with and respond to emerging needs or ambitions for the management of chemicals. We will build on our global reputation and continue to provide a strong and influential voice on the world stage as an active party to the four UN conventions on chemicals and waste. We will continue our work to improve regulation, strengthening the evidence base and ambition globally. The intention is to make sure that we have the means to keep REACH fit for purpose.

We are learning more and more about the damage that poor air quality does to human health, including from knowledgeable advocates in this House. I was pleased to meet the noble Baroness, Lady Worthington, a couple of weeks ago to hear more about this issue from her. The Bill will require the Secretary of State to set at least two legally binding targets on air quality. This will include a concentration limit for fine particulate matter—the most damaging pollutant to human health—and a more sophisticated population exposure reduction target. Last year, we set out our plans for the long-term PM2.5 target to drive continuous improvement through reductions in exposure to pollution for all citizens irrespective of whether future statutory limits have already been achieved. We will set out further detail on this world-leading approach to air quality in due course, including through public consultation. The new powers in this Bill, alongside the existing legal framework for air quality, build on the £3.8 billion we have already invested in action to tackle air pollution.

In a changing climate we need additional tools to help us to manage our precious water resources. Modernised legislation will secure a long-term, resilient water supply and sewerage services. This will include powers to direct water companies to work together to meet current and future demand for water. Planning will be more robust; it will ensure that water companies are better able to maintain water supplies and support Defra’s broader efforts to address flooding. We will also strengthen our powers to vary or revoke abstraction licences where these cause environmental damage. These powers will be available from 2028 after our current abstraction plan is fully implemented by 2027. Through the plan, we are collaborating with stakeholders now to achieve sustainable abstraction.

I am also pleased to announce that the Government will be tabling amendments to the Bill in Committee to help to reduce the harm from storm overflows to our rivers, waterways and coastlines. A significant amount of work has gone into this and I thank the right honourable Member for Ludlow, Philip Dunne, in the other place for his work on this hugely important issue.

Many noble Lords share my passion for our natural world, and the nature part of the Bill is full of innovative measures to support our ambitions for a green recovery. I mentioned already how our collective appreciation for nature has increased over the course of the pandemic. Many have discovered new corners of refuge in our local green spaces, and the Government want to ensure that local communities can share these green spaces with the wildlife which calls these valuable habitats their homes. Biodiversity net gain will be mandated in the planning system, ensuring that developments such as new homes are not built at the expense of nature, and creating thriving natural spaces for communities. These will require a 10% net improvement in biodiversity, guaranteeing that richer natural spaces will come with new developments.

Local nature recovery strategies will create strong local leadership to support nature recovery. They will identify priorities and map opportunities for conserving and enhancing nature, helping to ensure that our investments will have the maximum benefit. Local nature recovery strategies will form the foundation of an England-wide nature recovery network. To complement these new tools for nature, we are amending the biodiversity duty in the Natural Environment and Rural Communities Act, following post-legislative scrutiny by a Select Committee of this House, chaired by the noble Lord, Lord Cameron of Dillington. This strengthened duty will require an active process of improvement to conserve and enhance nature, rather than merely maintain the status quo.

The Government have also amended the Bill in the other place to provide for powers to amend the habitats regulations. This will enable us to focus our conservation efforts on our new domestic framework, developed as part of this Bill, while ensuring that we continue to fulfil our international obligations under multilateral environmental agreements such as the Bern convention. Our forthcoming Green Paper will explore how we can deliver this as part of our ambition to halt the decline of nature and protect 30% of our land by 2030. The paper will also consider measures to improve the status of native species such as the hedgehog, water voles and red squirrels.

These measures will collectively underpin the delivery of a new legally binding target on species abundance for 2030, which I mentioned earlier and will table in Committee, aiming to halt the decline of species. This will put our ambition for the recovery of nature on a par with our net-zero ambition.

I thank my noble friend Lord Randall of Uxbridge and the right reverend Prelates the Bishop of Manchester, the Bishop of Chichester, the Bishop of Oxford and the Bishop of Salisbury, as well as the Bishop of Norwich and others whom I met recently, for their valuable contributions on this issue. These new amendments will be complemented by actions set out in our recently published England tree and peat action plans, on which I thank the noble Baronesses, Lady Young of Old Scone and Lady Jones of Whitchurch, for their useful insights.

The Government are working hard to ensure that we tackle biodiversity loss at home, but we are also taking action abroad to protect the world’s most precious and significant forests. We are the first country in the world to introduce legislation to prohibit regulated businesses from using agricultural commodities that have been cultivated on land that was illegally occupied or used. Over 90% of deforestation is illegal in some of the world’s most important forests, such as the Amazon.

I am aware of the anticipation surrounding the Bill, and, while its passage has been delayed due to exceptional circumstances, work on implementing its measures has not stopped at any point. Dame Glenys Stacey has been appointed as chair of the office for environmental protection, and an announcement on appointments to the OEP’s board is being made today. A draft principles policy statement has just finished public consultation, and the Government have started developing our legally binding targets with experts. Technical consultations have been launched, for example on the deposit return scheme for drinks containers, extended producer responsibility for packaging and consistent recycling collections. I have spoken to many noble Lords already about measures in the Bill, for which I thank all noble Lords.

I would like to notify the House that, in addition to the species abundance target and storm overflow amendments, I will table some devolution-related and minor amendments. First, I will table an amendment to increase the scope of the environmental principles duty for UK Ministers to cover reserved matters in Scotland. This will ensure that there is no gap in the application of the environmental principles, and that it is in line with the devolution settlement. Secondly, I will table a couple of amendments requested by Senedd Cymru to enable better collaboration between the OEP and the equivalent devolved bodies. Finally, I will table some minor amendments to ensure that consultations will count towards the statutory duty to consult, even if they are technically conducted before the Bill achieves Royal Assent.

Finally, I hope that noble Lords will agree that this truly is a landmark Bill. It provides a holistic approach, tackling real-world issues, such as simplified recycling systems, through to more structural changes to our environmental governance, ensuring that policy decisions account for the environment. This is an ambitious Bill that will aid our recovery and help us to meet our goals of net-zero emissions, stem the loss of biodiversity and reduce the damage that pollution does to our natural world.

I look forward to what I am absolutely certain will be a rigorous and lively debate. I expect nothing less for a Bill of such magnitude and gravity, at a time when we can wait no longer to act. I beg to move.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords for their contributions to this wide-ranging debate. I pay tribute to the right reverend Prelate the Bishop of Salisbury for his wise words, for his service, and for having engaged with me as a Minister in the run-up to this debate. Like my noble friend Lord Taylor of Holbeach, I am sure that we will continue to have lively, robust and insightful conversations as we take this Bill through its remaining stages. I will take this opportunity to address the points raised so far. I will try to get through as many as possible, but I am afraid that time will not allow me to answer them all, so I will write on any specific points that I am not able to address today.

The noble Lords, Lord Oates, Lord Teverson and Lord Bilimoria, all mentioned the seminal Dasgupta review. It is a powerful piece of work—a call to arms that makes plain our total dependence on the natural world and the massive damage that we are doing to it. It makes it equally clear that the fundamental challenge we face is finding ways to reconcile our economy and lifestyles with the natural world. He makes the point that the market is one of the most powerful forces for change of all, other than, perhaps, nature itself. However, as long as the market is blind to valuable things such as ecosystems and is unable to properly put a cost on pollution, waste and plunder, it will not be harnessed in a manner that will take us forward towards a solution.

I reassure the right reverend Prelate the Bishop of Salisbury, my noble friends Lord Randall and Lord Caithness, that we do not pretend that this is a silver bullet, nor is it the end of the story in relation to tackling this appalling crisis, as far as the Government are concerned. Nevertheless, it represents a big step forward. Extended producer responsibility is a profound thing, placing the burden on producers for the lifetime waste costs of a product. Targets, including the new ones that we have committed to, have been much debated today. It is not a complete solution, and I will come on to it later, but we are the first country in the world to attempt to use due diligence to deal with our international footprint. The Bill builds on a number of other major initiatives: our tree programme; the £640 million Nature for Climate Fund; our commitment to restore tens of thousands of hectares of valuable peatlands, and the shift from the common agricultural policy, which was totally destructive and incentivised destruction of nature, towards a system where every payment is conditional on the delivery of public goods.

Internationally, I do not think any country in the world is doing more heavy lifting in the run-up to the Convention on Biological Diversity than the UK. Our international nature strategy is calling for the highest possible ambition, with targets: more finance for nature and global efforts to tackle the main drivers of destruction. These are things that the UK, and no other country, is leading on. I take the point made by the noble Baroness, Lady Jones. We can invest hope in the recent election in the United States—at least, I can. The US now has an opportunity to catch up on environmental concerns, but it is not a matter of the UK catching up with the US—we are miles ahead. I hope and believe that the US will be able to catch up with the leadership that we are providing.

The noble Lords, Lord Teverson and Lord Wigley, and the noble Earl, Lord Sandwich, all mentioned the importance of the marine environment. I forget which noble Lord mentioned the magnificent blue belt around our overseas territories, an area the size of India to which we are currently giving full, total protection. I am thrilled that we are about to launch our blue planet fund. It is another world first—a £500 million fund to help small nations in particular protect themselves against threats such as illegal fishing, pollution et cetera. This is among a whole raft of measures that we are taking to protect as much of the international ocean as we possibly can.

A number of noble Lords mentioned the hugely important issue of water quality. The noble Baroness, Lady Jones, the noble Lord, Lord Cameron, my noble friends Lord Randall, Lord Shrewsbury and Lord Trenchard, the noble Duke, the Duke of Wellington, the noble Baroness, Lady Boycott, and others all talked about the quality of our rivers, waterways and seas. They focused in particular on the unacceptable levels of waste poured in to our waters through storm overflows. The quality of our rivers and other waterways is a high priority for this Government. We are taking action, through the Bill, to enable better join-up between water companies when they are preparing their statutory long-term plans, and to acquire statutory long-term drainage and wastewater management plans.



In addition to the amendments I mentioned earlier, based on the work of my honourable friend Philip Dunne in the other place, these measures give the Government extra levers to act on the most egregious sources of pollution and harm in our aquatic environment, including storm overflows. Water companies clearly must do more to prevent raw sewage flowing into our rivers. All the action I have described will be underpinned by those long-term targets, including reducing pollution from agriculture and wastewater, in particular phosphorus and nitrate, reducing water demand from the public water supply, and reducing the impact of toxic pollution to rivers from abandoned metal mines.

The noble Lord, Lord Redesdale, emphasised the importance of water efficiency. I was surprised it was not mentioned by more noble Lords. Defra has consulted on measures and we will be publishing the government response to that consultation very soon, in the summer. The noble Lord, Lord Chidgey, talked about ending abstraction in fragile water systems; he mentioned chalk streams in particular. Restoring England’s internationally important chalk streams is a government priority. The Environment Agency is developing long-term plans to reduce our reliance on chalk streams, and I look forward to the publication of an action plan on restoring chalk streams later this year.

A number of noble Lords mentioned air quality. I covered it in some detail in my opening remarks, but the noble Lord, Lord Khan of Burnley, and the noble Baronesses, Lady Sheehan and Lady Jones, all talked about air quality as one of the major priorities we must deal with. I understand the push for specified targets in the Bill. I understand that impulse, but we should not underestimate the challenge—indeed, the upheaval—that would be needed to meet, for example, the current World Health Organization guideline level of 10 micrograms per cubic metre in large cities. It would be enormous.

We need to base whatever targets we set on the evidence and in the full knowledge of the impacts of the choices we will need to make to achieve them. My officials in Defra and experts and partners right across government, industry and academia are continuing to work out the full mix of policies and measures required to meet that target of 10 micrograms. At a minimum, we expect that doing so in London and other cities would likely require policies such as, for example, a total ban on solid fuel burning in cities, a reduction of traffic kilometres across our cities of up to 50% and many other measures. I am not saying that that is impossible, and the Government have been clear that they are not ruling out adoption of the WHO guidelines as a target, but there is a lot of work to do to fully understand the implications were we to undertake that target.

On targets, my noble friend Lord Randall, the noble Baroness, Lady Young of Old Scone, and a number of other noble Lords talked about our new biodiversity target and asked for reassurance. It will be designed to be a net-zero equivalent for nature. We are pushing for the highest possible ambition and it will be subject to the usual scrutiny and consultation. We are not there yet; it is a complicated piece of work and, even within the NGO community, there is much debate about what form such a target would take.

The noble Earl, Lord Lindsay, raised the importance of interim targets for meeting the longer-term targets. He is right and the Government have created a triple- lock statutory cycle to drive short-term progress. The Government must have an EIP—an environment improvement plan—which sets out the steps they intend to take to improve the environment and review it at least every five years. The Government also have to report on progress towards achieving targets every year—publicly, of course. The OEP will hold us to account on progress towards achieving targets and every year can recommend how we can make better progress. The Government would have to respond to those recommendations. This ensures that meeting interim targets is taken seriously and will drive short-term progress. The Government may need to develop new policies when reviewing their EIP, where progress against this triple lock has been too slow.

My noble friend Lady Altmann recommended that the interim targets be legally binding. The difficulty there is that the natural environment, as everyone knows, is complex, interconnected and a system subject to numerous natural factors as well as human activity. For example, aspects of the natural environment such as water quality or soil health could respond very slowly even to ambitious short-term interventions. Legally binding interim targets could therefore result in the setting of less ambitious long-term targets or could force consideration of the wrong policies just to achieve those targets in the short term. What is important ultimately is that, if an interim target is missed, the Government consider what is needed to get back on track and our target framework will ensure that this is the case.

The noble Lord, Lord Krebs, asked why it would be different this time, given that so many targets have been missed. Yes, we missed the Aichi targets; I think every country in the world did. Targets create pressure, which is why many Members of this House are asking us to apply them, but in combination with the numerous measures that will help us to meet them—the new subsidy system, the nature for climate fund, net gain and so on, plus the OEP holding us to account—we can see a pathway to achieving these targets. There is a clear intent on the part of the Government.

My noble friend Lady McIntosh asked about ELM. Although it is not part of the Bill, it is a simple principle. It means that the money that the Government pay is conditional on the delivery of public goods. It means that public money is not provided without the return of some kind of public good. It means compensating or paying landowners for doing good things that are in the public interest but which the market cannot yet fully recognise. Flood prevention is the example she gave; it is a very good example.

My noble friend Lord Lilley cautioned against a Soviet-style central planning system, and he is right: nature, by its nature, is diverse. Good things happen from the ground up, so his advice will very much be taken on board. That point was echoed by the noble Earl, Lord Devon.

Many noble Lords talked about the independence of the OEP and questioned whether it was independent enough. They included the noble Lords, Lord Berkeley, Lord Addington, Lord Cameron of Dillington and Lord Anderson, my noble friend Lord Duncan of Springbank, the noble Baroness, Lady Boycott, and the right reverend Prelate the Bishop of Oxford. I thank the noble Lord, Lord Anderson, very much for the time he has put into this and the advice he has provided; I look forward to continuing discussions with him.

The Government are committed to ensuring that the OEP is established as an independent body, which is why numerous safeguards are already in place to protect its independence. Schedule 1 includes the requirement that, in exercising any functions relating to the OEP, the Secretary of State has to have regard to the need to protect its independence. The EFRA Committee and Environmental Audit Committee jointly carried out a pre-appointment scrutiny of the preferred chair of the OEP and confirmed her suitability for the role. The OEP is under a legal requirement to provide an assessment to Parliament of whether it receives enough funding. Ministers will have to respond to that if the money is deemed insufficient. The Government intend for the OEP to be given a multi-annual indicative budget, which will be ring-fenced within each spending review period, giving the OEP even greater flexibility and certainty.

A number of noble Lords talked about the enforcement powers of the OEP. The noble Lords, Lord Whitty, Lord Oates, Lord Anderson and Lord Rooker, and the noble Baroness, Lady Jones, raised this issue. The OEP’s enforcement powers are different from and will operate more effectively than those of the EU Commission, as it will be able to liaise directly with the public body in question to investigate and resolve alleged serious breaches of environmental law in a more targeted and timely manner.

On environmental review, the OEP can apply for judicial review remedies, such as mandatory and quashing orders, subject to all the usual safeguards, which will work to ensure compliance with environmental law. The Court of Justice of the EU cannot issue these kinds of remedies to member states. In addition, in exceptional circumstances where the OEP needs to act quickly to prevent something happening, it may apply directly for a judicial review. I will write to the noble Lord, Lord Anderson, and other noble Lords to provide more detail on that, as I will not have time to do so in these remarks.

My noble friends Lady Jenkin and Lord Caithness and the noble Viscount, Lord Colville, raised the importance of tackling our wastefulness as a society. The Environment Bill will allow us to deliver consistent and frequent recycling collections across England, ending the current postcode lottery; this is one of the biggest and most visible changes it will make on waste. It will ensure that councils operate weekly separate food waste collections, preventing food waste going to landfill and being incinerated. It will allow the Government to introduce clearer labelling on certain products and expand the use of charges on single-use plastics, not just those that have been listed.

As I said earlier, the Bill introduces extended producer responsibility. The noble Lord, Lord Wigley, said that the burden of waste should fall on the producer of that waste; that is exactly what the Bill does. The noble Baroness, Lady Bennett, made the point that recycling is the option of last resort. I agree and so do the Government, and that is reflected in our approach to tackling waste.

The noble Earls, Lord Lytton and Lord Shrewsbury, talked about the scourge of fly-tipping. The Bill gives enforcing authorities more powers to tackle the so-called Facebook fly-tippers operating from their homes. The resource and waste strategy includes further commitments, including to launch a fly-tipping toolkit to help local authorities and others to tackle fly-tippers.

The noble Lord, Lord Trees, raised the issue of antimicrobial resistance. That is not directly in the scope of the Bill, but I would like to carry on that conversation with him, because antimicrobial resistance is one of the greatest health threats we face. Although the new subsidy system—ELM—will have a bearing on the amount of antibiotics used in factory farms, that is not a matter that falls directly under the Bill. With his permission, I will return to that subject another time.

The noble Lord, Lord Browne, mentioned lead pellets. That is not part of the Bill either, but I strongly agree with him and would like to see that shift happen sooner rather than later.

The noble Lord, Lord Faulkner, mentioned heritage rail. I enjoyed a passionate conversation with him recently, and he really made the case for the exemption. The Government are very confident, as am I, that heritage railways will continue to operate, because although our electricity systems will no longer rely on coal, it can still be used by a range of industries that need it. The decision on where to source coal is, obviously, a matter not for the Government but for the companies involved.

The noble Lord, Lord Addington, and the noble Baroness, Lady Parminter, emphasised the importance of people having access to nature. That, too, is very much recognised at the heart not only of this Bill but of other government initiatives. We strongly agree with her, of course, and are working out the best and most appropriate mechanisms for delivering that kind of change. We are also working through the Department for Education and through the tree programme, which a number of noble Lords mentioned.

I have a lot to cover here. On biodiversity net gain, I can tell my noble friends Lord Randall and Lord Blencathra and the noble Baroness, Lady Bennett—and, I hope, reassure them—that although nationally significant infrastructure projects remain out of the scope of the mandatory requirement for the Bill for the time being, the Government are exploring how a biodiversity net gain approach for big infrastructure projects could best be delivered, including what legislative levers could be used to support it. This is something that we are actively working on.

A number of noble Lords pointed to the potential tension between planning legislation and the Bill. The Bill lays the foundations for environmental protection, and that will form the basis of the forthcoming planning Bill. The Planning for the Future White Paper reiterates our strong commitment to biodiversity net gain, and I can provide reassurance that, in line with our manifesto commitment, existing policy for green-belt protection will remain.

The noble Lords, Lord Carrington and Lord Redesdale, my noble friends Lord Trenchard and Lord Cormack and a number of others talked about the importance of heritage being part of our vision for conservation and the countryside. They are absolutely right. The 25-year plan explicitly recognises the link between the natural environment and heritage. It is, do not forget, our first environmental improvement plan, so it is at the heart of our approach.

The noble Baroness, Lady Young, talked about several things, one of which was the value of English native trees as opposed to conifer monocultures. We absolutely recognise the biodiversity value of the former, which is reflected in our approach to the use of public money for funding and subsidising the tree programme. She also talked about biosecurity concerns, and why we should source more of our saplings domestically. She is right about that as well—and that too is reflected in our policy.

I am running out of time, so I hope that noble Lords who mentioned due diligence will allow me to come back to them another time. I thank my noble friend Lord Blencathra for his kind words about the Bill, and I hope that they provided some reassurance for others who raised the issue of delegated powers. I thank my noble friend Lord Taylor for his comments as well. As for my noble friend Lord Blencathra’s proposal to change “biodiversity” to “nature”, he makes an important point, but the trouble is that those two terms are not exactly the same. Planting a Sitka spruce monoculture might give us more nature, but it would not give us more biodiversity. The same is true across the board—so it is a subject ripe for an argument. I am happy to have that conversation, but I would take some persuading, because I think we are probably in the right place on this.

I am sorry for not having addressed all the issues raised. There have been some fantastic contributions, and I thank everyone who has spoken today. I hope that people feel that I have covered at least the bulk of the points raised. I have met a large number of Members and I am keen to meet more; I shall continue to engage. I also thank the various NGOs, landowning groups and businesses that have helped to develop the Bill. I commend the Bill to the House.

Bill read a second time and committed to a Committee of the Whole House.

Overseas Development Assistance

Lord Goldsmith of Richmond Park Excerpts

Wednesday 26th May 2021 Lords Chamber

[Baroness Sugg]

To ask Her Majesty’s Government what progress they have made towards legislation to reduce Overseas Development Assistance funding.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, the Foreign Secretary is looking very carefully at this issue. We will act in line with the International Development (Official Development Assistance Target) Act 2015, which explicitly envisages that there may be circumstances in which the 0.7% target is not met and provides for reporting to Parliament in that event. We have been clear that we intend to return to spending 0.7% of our national income on international development when the fiscal situation allows.

[Baroness Sugg (Con) [V]]

My Lords, the UK aid cuts are not only having devastating consequences for millions of people around the world but are also severely damaging our international reputation. This is all ahead of the Prime Minister hosting the G7 in just a few weeks’ time. Of all the countries attending that meeting, we are the only one cutting our spending on aid in the midst of the global pandemic. The self-imposed ceiling of 0.5% is stopping us contributing our fair share on global vaccines. Given that the most recent Bank of England forecast is that the economy will return to pre-pandemic levels by the end of the year, does my noble friend agree that now, ahead of the G7, would be the ideal time for the Prime Minister to confirm that the UK will return to 0.7% next year?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the UK economy has undergone the worst shock for 300 years, and it is against that backdrop that we were forced to prioritise public spending, including the temporary cut of ODA to 0.5%. We will return to spending 0.7% as soon as the fiscal situation allows, as confirmed in the integrated review. I hope that that is as soon as it possibly can be, but the UK remains a development superpower and will spend £10 billion on ODA. We are among the most generous countries in the world.

[Lord Walney (Non-Afl)]

Setting aside the long-term benefit of development spending, does the Minister recognise that these cuts are having an immediate impact on vital research projects that the Medical Research Council is having to cut back on in-year, in areas such as genomic research involving UK institutions? Will he undertake to work urgently with his colleagues in the health department to ensure that these areas of funding do not suffer long-term detriment?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the UK is, and remains, one of the most generous funders in the health sector, in terms of delivery of urgent care—particularly in the context of Covid—and of research and development. My colleagues and I are determined that that should remain the case and that any fallout in that area as a consequence of the cut is mitigated to the largest possible extent.

[Baroness Helic (Con) [V]]

My Lords, I declare my interests as set out in the register. The Government position themselves as global leaders in combating gender-based violence but have repeatedly cut funding in this area and neglected proactive programmes such as the Preventing Sexual Violence in Conflict Initiative. What funding allocation has been made to that initiative, and to the What Works to Prevent Violence programme? Can my noble friend assure the House that, having been cut to the bone already before this year, funding for these programmes will not be reduced even further?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the Prime Minister has always put quality education for girls alongside climate change and the environment as top priorities, and that remains the case. This year, the FCDO will invest £400 million on girls’ education in over 25 countries, advancing our leadership position on the global target to get 40 million more girls into education by 2025. I am afraid that I am not in a position to make comments on specific programmes, but the department will be in a position to do so soon.

[Lord Fowler (CB)]

My Lords, I declare an interest as an ambassador for UNAIDS, which has had its grant cut by over 80%. Is the point not this: few noble Lords who spoke on, and voted for, the original legislation had any concept that it could be reversed by the decision of Ministers alone? If the Government want to pursue this policy, surely they should have the political courage to put it to Parliament in the proper way.

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, even with the reduction in funding, the UK remains a major donor to the UN. The UK is currently the fifth biggest contributor towards the UN’s regular and peacekeeping budgets. We will be maintaining all our assessed contributions to Vienna, including upholding our share of the UN regular budget. It may be the case that noble Lords did not foresee such a situation, but I suggest that, equally, most did not foresee the economic fallout that we have seen over the last 18 months as a consequence of the completely unexpected pandemic.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, please note my entry in the Lords register and the interests noted there. The speed and scale of these cutbacks is having a catastrophic impact on the reputation of the United Kingdom. The cutbacks and closure of programmes in health, education and other areas are dangerous and costing lives. We learned just yesterday that a programme initiated by War Child—an organisation that helps children in war—to which the United Kingdom Government promised £0.5 million of match funding, has now been delayed for a further year in Afghanistan. That leaves older children there with probably no option but to head in this direction, over the English Channel, and to try and migrate to the United Kingdom and western Europe. Will the Government reconsider this decision and ensure that these programmes, which have been cut with such speed, are allowed to continue for the next year or two until 0.7% returns?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we are continuing to support Afghanistan, with £145 million of investment next year. Since 2001, we have provided £3 billion in development and government assistance to Afghanistan. Our aid has helped significant improvements in that country. Life expectancy has increased from 50 in 1990 to 64 just two years ago. Some 8.2 million more children have been to school; 39% of them are girls. We have insulated our programmes in Afghanistan as much as we possibly can, in most part, from the effect of the reduction to 0.5%. Covid has obviously changed the balance of calculations and forced us to focus on tackling this additional threat to Afghans’ health and livelihoods, but the programmes have, by and large, been protected.

[Lord Purvis of Tweed (LD)]

Before the Minister and his colleagues halved aid to the world’s poorest and most vulnerable women and children in malaria-plagued and war-scarred Yemen, which the UN Secretary-General described as “a death sentence”, why was no humanitarian impact assessment carried out?

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[Lord Goldsmith of Richmond Park [V]]

My Lords, the UK remains one of the largest humanitarian donors to Yemen as well, providing over £1 billion in aid since the conflict began, supporting millions of vulnerable Yemenis with food, clean water and healthcare. We are pushing for a lasting political resolution to the conflict. The new UK aid pledge of £87 million will, we believe, feed 240,000 of the most vulnerable Yemenis every month, support 400 healthcare clinics and provide clean water for 1.6 million people. Our support for Yemen has been at the top level, in terms of other countries, and will remain so.

[Baroness Hodgson of Abinger (Con) [V]]

My Lords, these cuts are resulting in many small organisations doing life-changing work at grass roots being badly hit. Can my noble friend reassure the House that, where possible, the cuts will fall on big, multilateral programmes that are not solely dependent on UK aid?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, I am sorry, but I did not hear the main part of that question. I heard the comment on multilateral commitments and, if it helps, I can say that we are honouring those. We are maintaining our major pledges to IDA, the Multilateral Debt Relief Initiative, the International Bank for Reconstruction and Development and more besides. The cross-cutting budget is made up of our contributions to over 30 multilateral institutions and we are protecting them.

[Lord Collins of Highbury (Lab)]

My Lords, let us get one thing straight. Maintaining 0.7% would have resulted in substantial cuts to ODA. It is the speed and additional cuts that are having such a damaging effect on Britain’s reputation. Is the Minister aware that nutrition projects, which help maintain the efficacy of vaccines and help in the fight against the pandemic, have been cut by 80%? How can he justify that?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, as I and colleagues have said, cutting aid from 0.7% to 0.5% is not a choice that was made easily and was not what any of us wanted to do. However, the Prime Minister, the Foreign Secretary and the Chancellor are all in agreement that they want the UK to return to 0.7% as soon as the fiscal situation allows, as confirmed in the integrated review. We do, of course, hope that that happens as soon as possible.

[Lord Alton of Liverpool (CB)]

My Lords, how does the Minister respond to this week’s Sunday Times report that hundreds of millions of doses of medicines for treating neglected tropical diseases, donated by pharmaceutical companies, will go to waste as funding cuts will leave these life-saving medicines in warehouses, undelivered? What is his assessment of the impact of the ODA cuts on the Government’s ability to meet the 2019 manifesto commitment to “lead the way” in eradicating malaria?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, I am afraid that I am not aware of that report, but I will ensure that whichever colleague in the department in whose portfolio this sits will respond to the noble Lord. On global health more broadly, we have, for instance, pledged up to £1.65 billion to Gavi to support routine immunisations. We have also made new public commitments of up to £1.3 billion of ODA to counter the wider health, socioeconomic and humanitarian impacts of the pandemic. Of course, we have had to prioritise our Covid response because Covid is the dominant health issue today, but it not the only health issue, of course. We remain one of the world’s biggest funders of health globally.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed.

COP 26

Lord Goldsmith of Richmond Park Excerpts

Tuesday 25th May 2021 Lords Chamber

[Baroness Jones of Moulsecoomb]

To ask Her Majesty’s Government what are their aims for the outcome of COP 26.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, in his speech on 14 May at Whitelee wind farm in Glasgow, the COP president-designate, Alok Sharma, set out the four goals of the UK presidency: delivering on mitigation, protecting communities and natural habitats from the impacts of climate change, mobilising finance and working together to accelerate the delivery of our targets. COP 26 is our best chance to work together to keep alive the limiting of the global temperature rise to 1.5 degrees centigrade.

[Baroness Jones of Moulsecoomb (GP)]

I thank the Minister for his Answer, but will it not be embarrassing for a Government who cannot stick to the Paris Agreement? They are dithering about opening new coal mines, they are planning new roads and they are encouraging airport expansion—plus they have just given £750 million to a Mozambique scheme for a fossil fuel project. How is this reducing global CO₂ emissions?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the UK is providing leadership on all the big issues in relation to climate change and biodiversity. We announced an end to fossil fuel subsidies overseas of the sort the noble Baroness mentioned. We are the first country to legislate for net zero. We have doubled our international climate finance to £11.6 billion. We are spending more on nature-based solutions than any other country and encouraging others to join up. We are cleaning up our supply chains to remove deforestation from them. We are changing our land use subsidy system. In so many areas we are leading the world, and the world is following.

[Lord Knight of Weymouth (Lab)]

My Lords, I was going to ask about education and the place it will have in COP 26, but I would prefer to get an answer to the question from the noble Baroness, Lady Jones, about the scheme in Mozambique.

[Lord Goldsmith of Richmond Park (Con) [V]]

My answer to the question about Mozambique is that we have committed in policy to stopping any subsidies for fossil fuel projects overseas, so with any luck the Mozambique project will be the last such project. This is something that, with a great deal of heavy lifting, we managed to persuade other members to agree to as well at the G7, which was a triumphant meeting for the environment and climate change—again, as a consequence of UK leadership.

[The Lord Bishop of Blackburn]

My Lords, I am grateful for the Question and the Minister’s response. My question is about the outcome for the many heritage buildings and schools in this country, where the challenge is often the greatest. Will the Government do anything to make them part of the solution rather than the problem?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, one of the main challenges we face, in line with every developed country, is rendering our existing housing stock, including heritage buildings, more energy efficient. This is a priority for MHCLG, and colleagues are working up a plan to ensure that department delivers its share of the net-zero commitment to which we are legally bound, as noble Lords will know.

[Baroness Fall (Con) [V]]

My Lords, one of the most defining geopolitical issues of the day is the worsening relationship between China and the West, yet when it comes to solving issues around climate change we need to collaborate, not clash, with China. Can the Minister confirm that China will participate in COP 26? What would progress look like for China in the climate domain?

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, China has made significant commitments on emissions reductions. It has committed to net zero by 2060; we hope it will be able to bring that date forward and be even more ambitious. We are working very closely with China, particularly in relation to its hosting of the Convention on Biological Diversity, which will happen shortly before we host the climate convention here, in Glasgow. We are working closely with China to link those two conventions together because we believe that a good nature COP will have implications for climate and a good climate COP will have implications for nature. So we are having as much engagement as we can with the Chinese, pushing for the maximum possible ambition at both conventions.

[Lord Oates (LD)]

Can the Minister tell the House what plans the Government have to use COP 26 to push for changes in the international financial regulations with regard to the financing of fossil fuel projects?

[Lord Goldsmith of Richmond Park (Con) [V]]

At the G7 just a few days ago, we were able under UK leadership to secure commitments around phasing out fossil fuel subsidies internationally. We also secured commitments from some members of the G7, as well as countries not part of the G7, that we will use our collective leverage to ensure that the multilateral development institutions align their policies and portfolios not only with Paris but with nature. We know that there is not enough public money in the world to deliver the solutions we need for either climate or nature, so we need private finance and we need the multilateral institutions to step up much more than they have so far.

[Lord Udny-Lister (Con)]

My Lords, does the Minister agree that, after setting carbon targets and the road map, the next most important policy area is finance and, in particular, the development of green finance in all its different forms? This must be part of the investment criteria for government and business; unless it is achieved, those targets will not be met.

[Lord Goldsmith of Richmond Park (Con) [V]]

The noble Lord is right. Of course, developed countries need to make good on their promise to mobilise at least $100 billion in public finance to tackle climate change and a big chunk of that needs to be spent on nature-based solutions, but we need international financial institutions to play a part as well. We need to unleash trillions in addition to that in private sector finance. As part of this, we are doing what we can to complete negotiations successfully around Article 6, which would pave the way to functioning, high-integrity carbon markets as just one solution. Finally, Governments need to shift the subsidies, which dwarf anything that is available via aid agencies, and ensure that instead of funding destruction, as most of them currently do, they fund renewal and sustainability.

[Baroness Hayman (CB) [V]]

My Lords, continuing the financial theme, I declare my interest as co-chair of Peers for the Planet. Has the Minister seen the report published today showing that, if the UK banking and investment sector were ranked as a country, it would be ninth in the world for carbon emissions? In the light of that information, will the Government show leadership before COP 26 by bringing forward a UK strategy to green our financial and taxation systems, as recommended in the recent report of the Public Accounts Committee?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, no, I have not seen that report, but I will, of course, look it up. I am not surprised by this, given the size and importance of London with respect to its financial sector. As a Government, we are supporting a crucially important new initiative called the TNFD—the Taskforce on Nature-related Financial Disclosure—which aims to do what has been achieved in relation to carbon disclosure and make sure that, between those two initiatives, businesses are able to identify and avoid exposure to the risks of both climate change and nature destruction. We feel that this initiative has the capacity to shift the dynamic in the financial sector and we are supporting it in every way we possibly can.

[Baroness Hayman of Ullock (Lab)]

My Lords, the UK’s credibility as COP president rests on demonstrable climate action across government. The Climate and Environment Ministers of the G7, under UK leadership, have recognised the disproportionate impact of climate change and environmental degradation on the most vulnerable communities, and acknowledge the significant impacts of Covid-19 faced by developing countries. Does the Minister agree that cutting the aid budget undermines a core aim of the UK COP 26 presidency—to increase support to vulnerable countries?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, despite the cut in aid—which is not something that anyone welcomes or wants and which I hope will be restored shortly—the UK remains one of the most generous donors in the world. As I said in answer to a previous question, we are the only country to have committed to doubling our international climate finance and to spending an increasing proportion of that on nature-based solutions. This particularly helps the climate-vulnerable nations, which tend to be more dependent on the free services provided by nature that we are currently destroying. These nations also benefit from investments in nature to boost resilience, particularly that of coastal communities, which, again, define most of the climate-vulnerable nations. So I believe the UK is stepping up in relation to its responsibilities to the most vulnerable nations on earth.

[Baroness Sugg (Con)]

My Lords, ensuring that girls receive 12 years of quality education can be one of the most powerful climate solutions, so what ambitions do the Government have for education at COP 26?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the UK is committed to delivering an inclusive COP 26 and to the implementation of the UNFCCC gender action plan. We know that only with the full, equal, meaningful participation and leadership of women and girls in all levels of climate action will we deliver the most sustainable outcomes. The COP president-designate has established a number of advisory groups to guide our planning and delivery of COP; that includes indigenous leaders as well as a subgroup focusing specifically on gender and inclusion.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed. We now come to the third Oral Question.

Belarus: Roman Protasevich

Lord Goldsmith of Richmond Park Excerpts

Tuesday 25th May 2021 Lords Chamber

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, the Belarusian authorities’ forcible landing of a Ryanair flight in Minsk to arrest a journalist, Roman Protasevich, is an appalling attack on human rights, media freedom and civil aviation. Yesterday, we summoned the Belarusian ambassador to express our deep concerns, suspended permits for Belavia flights to the UK, and advised UK airlines to avoid flying over Belarusian airspace. We are co-ordinating our response with allies and calling for the International Civil Aviation Organization council to meet urgently.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, is the Minister aware that there was already great concern about rigged elections and the appalling treatment of hundreds of illegally detained political prisoners in Belarus? This state-sponsored piracy and the arrest takes it to a new level. While we welcome what the Government have already done in response to this, as the Minister has told us, particularly on air transport, much more needs to be done to get the release of Roman Protasevich, who is clearly being intimidated, and to stop the growing tyranny in Belarus. Will Her Majesty’s Government work with the European Union, the United States and other Governments to get strong, effective financial sanctions on Belarus and its sponsors in Russia, so that we hit them where it really hurts and where the City of London plays a key role?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the Government agree and we are co-ordinating our response with all our allies and partners, including the US, the EU and other countries. The Foreign Secretary has discussed Belarus directly with the French, German and Lithuanian Foreign Ministers, and with the former Secretary of State and Vice-President of the US during his visit to Washington in September. The Minister for European Neighbourhood and the Americas has had extensive contact with Ministers in the Baltic states and Scandinavia and with state secretaries in the US and Germany. As noble Lords can imagine, those discussions have escalated dramatically in recent days.

[Baroness Northover (LD)]

My Lords, it is clearly vital that actions are synchronised in this appalling situation, especially on sanctions. We are hearing from the Belarusian protest leaders that they are working actively with the EU and US but have been unable to secure adequate contact with the UK, especially on sanctions relating to money through London. Can I link the Minister and his department to the relevant people, and can he tell me what formal structures the Government will now put in place to ensure that they work in lock-step with the whole of the EU on matters such as this?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, this outlandish action by Lukashenko will clearly have serious implications, and the Belarusian regime is going to have to feel the consequences. We are working with our allies on our response and will continue to consider all the options available to us to persuade the authorities to change their current course, including of course further sanctions. I cannot speculate publicly on any future designations but, as we demonstrated following the flawed elections last August in Belarus, the UK is ready to act.

[Baroness Anelay of St Johns (Con) [V]]

My Lords, there should always be a role for diplomacy in resolving disputes, particularly if more pragmatic voices within that regime were willing to take positive steps forward. In the meantime, does the Government’s instruction to the Civil Aviation Authority that it must not issue any further ad hoc permits to carriers flying between the UK and Belarus cover everyone operating private aircraft in UK airports such as Farnborough, some of which sell seats online?

[Lord Goldsmith of Richmond Park (Con) [V]]

The advice issued via the NOTAM—the notice to airmen—applies to all registered air carriers, so all aircraft that are UK registered will be subject to the same advice in relation to not overflying Belarus as those carriers operating scheduled routes. Non-UK-registered non-scheduled aircraft, such as smaller commercial charters, still require a permit to fly to the UK and are captured by the decision made by Ministers yesterday.

[Lord Stirrup (CB)]

Does the Minister agree that this egregious act is not just an isolated incident but part of a wider pattern of criminal outrages perpetrated by gangster regimes, which in this country alone has included murderous attacks with vile poisons and electronic attempts to subvert our democracy, and that what is required now is not just a strong and immediate response to the Belarus incident but a longer-term strategy to counter such regimes and thwart their malign purposes?

[Lord Goldsmith of Richmond Park (Con) [V]]

The Government strongly agree with the noble and gallant Lord’s comments. Our approach to tackling these escalating problems in Belarus, which go far further than the events of the past couple of days, is part of a broader approach that we take. In the interests of consistency, the UK transferred 95 designations from the EU on individuals and entities following the transition period, and we are very much working in collaboration with the EU and other partners.

[Lord Tomlinson (Lab)]

Will Her Majesty’s Government not merely condemn the aviation piracy that we have seen but specify what action they are proposing to take against the Lukashenko regime and the Russian Government, who are affording the illegal regime in Belarus diplomatic cover after it fiddled its last election? Equally, if they are going to take economic sanctions, it is quite easy to take a sanction against the oil pipeline, which is giving an economic lifeline to an illegal regime.

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, clearly, I cannot speculate publicly on future sanctions. We want to see a reformed Belarus that has a good relationship with Russia and other European partners. We recognise the likely role that Russia has played up to now in relation to Belarus and we have consistently impressed on Russia that violence, harassment and arbitrary detention has to stop. There must be a transparent and peaceful process to allow Belarusians to determine their own future.

[Baroness Ludford (LD) [V]]

My Lords, I was delighted to hear the Minister’s response about working with the EU as well as other allies. There has been some rather silly press coverage along the lines of: “The UK got there first.” The Minister, yesterday morning, namechecked NATO but could not bring herself to mention the EU. This seems an excellent opportunity for a reset to make co-operation with Brussels on foreign and security policy the norm. Will this opportunity be taken?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, on areas of mutual interest, there is no question that the UK should and will continue to work with all its allies, including, of course, the European Union. As I mentioned earlier, we transferred into UK law 95 designations from the EU. So, we start from the same place.

[Lord Lancaster of Kimbolton (Con)]

My Lords, a central tenet of the integrated review was the commitment of the United Kingdom to the international rules-based order. Yesterday was a crucial test of that. But surely—perhaps in contrast to other comments—yesterday was also the first test of security co-operation post Brexit. Does my noble friend not agree that the decisive nature of the UK’s action in complete lockstep with the European Union demonstrates that we passed that test?

[Lord Goldsmith of Richmond Park (Con) [V]]

I thank the noble Lord for his comments and strongly agree.

[Lord Russell of Liverpool (CB)]

I am sure the Minister will also agree with President Michel of the EU, who is obviously a past master in the art of irony and described Minsk’s approach as “playing Russian roulette”. I had the privilege of being part of a team monitoring the parliamentary election in Belarus, and I witnessed the 64 year-old President Lukashenko appoint his 22 year-old mistress, a former Miss Belarus, to parliament as an MP. That is his definition of democracy. I also point the Minister to the website of the embassy of Belarus to the United Kingdom, where it points out that we take third place after Russia and Ukraine for exports and third place after Russia and Cyprus for imports. So I suggest that our Government deal closely with the Governments of Cyprus and the Ukraine in unison and hit Belarus where it hurts.

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, on the rigged election, the UK welcomed the hugely important report by Professor Benedek and supported all the recommendations, which is why we have called for fresh elections that meet international standards. We are considering next steps on further international investigations. I take the noble Lord’s point in relation to hitting Belarus where it hurts.

[Lord Collins of Highbury (Lab)]

My Lords, I was pleased to hear what the Foreign Secretary said yesterday on concerted international action, which the Minister has repeated today. But we need to ensure that the United Kingdom, following what my noble friends have said, is doing all it can to hold the Lukashenko regime to account. So will the Government introduce sanctions against Belarus state-owned enterprises? What steps are the Government taking to stop the Belarusian Government using the London Stock Exchange as a means of funding their regime?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, I apologise for the repetition, but I am not able to speculate publicly on future designations. Our previous actions demonstrate the United Kingdom’s willingness to act and act quickly. Of course, that remains, and we are considering all options.

[Baroness Helic (Con) [V]]

My Lords, the outrageous kidnap and detention of Roman Protasevich and Sofia Sapega is the latest in a string of attacks by the Government of Belarus on anyone who is in a position to challenge or scrutinise them. What steps will Her Majesty’s Government take to protect the lives and safety of Belarusian journalists in a similar position? Will the Government consider providing temporary visas, where necessary, and creating a protected persons list of leading figures who are known to be targets of the Belarusian Government, as a deterrent and a statement of intent to protect?

[Lord Goldsmith of Richmond Park (Con) [V]]

The noble Baroness raises an enormously important point in relation to free media and civil society. As co-chair, with Canada, of the Media Freedom Coalition, the UK unequivocally condemns the attacks on free media, including the targeting, harassment and detention of journalists and media workers, which we have seen a fair bit of. We have increased financial support to independent media organisations and civil society; for example, in the last financial year we provided £1.5 million, and this year a further £1.8 million. Our funding provides training for journalists and supports media workers who have been detained by the authorities. Our support includes a joint UK-Poland initiative designed to help independent media counter disinformation.

[Baroness Kennedy of The Shaws (Lab) [V]]

My Lords, I am glad to hear the Minister refer to the media freedom project, which Britain has played a core role in. Special visas for journalists at risk, like the journalist who has been arrested here, would be an important step forward. I really want to press the Government on the use of targeted sanctions. There are a number of people who have not been included; for example, Mikhail Gutseriev is a hugely rich oligarch who lives in London, has premises here and is funding Lukashenko up to his ears. We should be doing something about him, and he should be on a list. Are the Government arranging to speak to the leader of the opposition in Belarus, who was due to meet the Foreign Secretary a couple of weeks ago, although the meeting had to be postponed? Is there going to be an urgent meeting in which they might be able to discuss what is taking place? There have been enforced deportations and tortures; are the Government considering a country referral to the International Criminal Court? Has the—

[Baroness Kennedy of The Shaws (Lab) [V]]

Okay, well, that is fine.

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the Foreign Secretary had a useful, positive discussion with opposition leader Svetlana Tsikhanovskaya on 1 February. The Minister for European Neighbourhood and the Americas also spoke to her on 17 September last year. In relation to future sanctions, the UK uses sanctions as part of a broader political strategy—a comprehensive approach encompassing the full range of diplomatic actions. Of course, we continue to assess the impact, effects and appropriateness of that strategy against those objectives.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Private Notice Question has elapsed.

Air Quality (Legislative Functions) (Amendment) Regulations 2021

Lord Goldsmith of Richmond Park Excerpts

Wednesday 19th May 2021 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

That the Grand Committee do consider the Air Quality (Legislative Functions) (Amendment) Regulations 2021.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, before you today are the Air Quality (Legislative Functions) (Amendment) Regulations 2021, which were laid before this House on 22 March. The Government are committed to continuing our high standards of industrial pollution reporting. All the changes introduced by this instrument are technical and are required to ensure that the United Kingdom’s industrial pollution reporting remains relevant and up to date, reflecting scientific, technical and international progress.

These regulations make amendments to our regulations on pollutant release transfer registers, or PRTRs, and specifically a piece of retained direct EU law. The original regulation 166/2006 was amended on EU exit and provides for a PRTR to be maintained for the United Kingdom in the form of a publicly accessible electronic database. Now that the transition period has ended, this EU-derived legislation otherwise risks being left partially ineffective, should there be a rapid industrial or technological change.

These regulations amend the PRTR regulation to confer two powers. The first power will enable the Secretary of State and the devolved Administrations to make regulations on reporting on releases of pollutants from diffuse sources. Diffuse pollution can be caused by a variety of activities that have no specific point of discharge, or are difficult to place at a specific location. The appropriate authority can do this if it determines that no data on the release from diffuse sources exists, and it must use internationally approved methodologies where appropriate.

The second power means that the Secretary of State can amend annexe II of the PRTR regulation for the purposes of adapting it to scientific or technical progress, or to reflect any future amendments to the Kiev protocol on PRTRs. I assure the Committee that this power could be used only for that purpose. Annexe II of the PRTR regulation sets out a list of pollutants and threshold values which, if exceeded, operators of industrial facilities are required to report any releases of the pollutants to air, land or water.

Both these powers are limited in their scope and can be exercised only for specified purposes. These powers are critical to ensure that the UK Government and devolved Administrations can act quickly to strengthen pollution reporting on emerging scientific or technical evidence—for instance, should there be a new pollutant on which it is in the public interest to report pollution information. It is therefore appropriate for these powers to be exercisable by secondary legislation.

These powers also ensure that the Government can reflect in UK legislation any changes made to the Kiev protocol on PRTRs so that we can continue to meet our obligations as a party to the protocol. We anticipate that any future changes to the protocol will strengthen parties’ reporting to better fulfil the aims of the protocol, rather than being fundamental changes to the principles of the protocol.

These powers mean that future technical changes to the regulations can be made with secondary legislation, which is the most proportionate approach. Such amending legislation would be subject to the negative procedure, which would allow appropriate scrutiny, given the technical nature of any changes.

The PRTR regulation will continue to function similarly to how it always has, but with UK authorities now having legislative functions under the regulation. I should make it clear that all the amendments introduced by this instrument are technical operability amendments to maintain the effectiveness of this important UK industrial emissions reporting obligation. These regulations maintain existing regulatory standards and do not create new policy.

Provision for the transfer of powers for PRTR was included in the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019. However, the PRTR regulation was amended in EU law after the 2019 EU exit statutory instrument was made, which meant that the PRTR part of the EU exit statutory instrument no longer operated as intended. Therefore, further amendments to the PRTR regulation are needed to ensure that the transfers of legislative powers are reinstated and have effect as intended following EU exit.

This instrument is subject to the affirmative procedure as it involves the transfer of powers. Furthermore, because the instrument does not alter existing reporting, it was not subject to consultation. There has been no need to conduct an impact assessment for this instrument, in line with published guidance, because there is no foreseen impact on the private or voluntary sector as the instrument relates to maintenance of existing regulatory standards, and there are no direct or cost impacts from these regulations.

This statutory instrument forms part of our important air quality and industrial emissions legislation. Noble Lords will be aware of other important legislation we have introduced to improve air quality. For instance, the new legislation restricting the sale of the most polluting fuels used in domestic burning came into force on 1 May 2021. This will restrict the sale of traditional house coal, small volumes of wet wood and high sulphur manufactured solid fuels.

In addition, our ground-breaking Environment Bill will protect and improve the environment for future generations. The Bill will improve air quality by setting a duty to introduce a legally binding target to reduce fine particulate matter—PM2.5—which is the most damaging pollutant to human health. I beg to move.

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[Lord Goldsmith of Richmond Park (Con)]

My Lords, I thank Members of the Committee who have contributed to today’s debate. The UK continues to support the UNECE Kiev protocol and to publish industrial pollution release and waste transfer data on an annual basis. I thank the noble Baroness, Lady Hayman, for her support for this instrument. As she said, it is vital that we keep our UK PRTR up to date according to technical, scientific or international developments, and all the changes introduced by this instrument are necessary to enable this to happen. My understanding in relation to one of her points is that we are not actually correcting an error but reinstating giving of powers to the appropriate authorities.

In answer to questions from the noble Lord, Lord Whitty, which were also raised by the noble Baroness, Lady Hayman, about the division of these powers between devolved Administrations and the Secretary of State, the power to change the annexes of the PRTR have been transferred to the Secretary of State. The power to update the reporting of diffuse sources has been transferred to the appropriate authorities, which include the Secretary of State and devolved Administrations—but the Secretary of State can act with the consent of the DAs.

We have agreed with the devolved Administrations that it is important to continue to have a single UK PRTR, which will ensure the uniformity of this important industrial pollution release and transfer register. Therefore, the power has been given to the Secretary of State to exercise for the whole of the UK, with the consent of the DAs. The updates would be triggered if there were scientific and technical progress or updates to international agreements that needed to be reflected in the reporting parameters. If each UK Administration worked to different technical annexes, there would be a risk to the uniform UK PRTR approach and a single coherent register would not be possible.

The power to take measures to initiate reporting on releases of relevant pollutants from diffuse sources where no data exists has been transferred to the appropriate authorities—the Secretary of State, the Welsh Ministers, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs—to exercise in their respective areas. The Secretary of State can also exercise the function for a devolved Administration, with their consent. Although we do not have any plans to update the list of pollutants, we closely consider technical and scientific evidence that will inform possible future changes.

On the timing of these regulations, a question raised by a number of noble Lords, the vast majority of legislation needed for EU exit was made prior to finishing the transition period. The transfer of powers for PRTR was completed alongside other environmental legislation in 2019, via the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473). However, new PRTR legislation adopted since that SI inadvertently reversed the effect of the previous statutory instrument, meaning that the Secretary of State’s powers needed to be reinstated. This is the earliest opportunity to lay and debate this legislation.

I reiterate for the Committee that the legislation will not change PRTR reporting. These regulations maintain existing regulatory standards and do not create new policy or change any aspects of the PRTR reporting. These regulations just ensure that the UK statute book remains operable now that we have left the European Union. Any future changes that are made to PRTR reporting are more appropriate for Ministers to make through secondary legislation, with parliamentary scrutiny throughout the process. This will be the best use of parliamentary time, given the technical nature of updates which will be made, which will be made only if there is technical or scientific evidence to suggest an update is needed, or if the PRTR protocol itself is updated. We anticipate that any future changes to the protocol will be to strengthen parties’ reporting to better fulfil the aims of the protocol, rather than fundamental changes to the principles of the protocol. Therefore, updates to reporting parameters will be best managed through secondary legislation instead of primary legislation.

With regard to the international origins of this legislation, the UK is continuing to work with other countries on PRTRs through the United Nations Economic Commission for Europe—UNECE—and the OECD.

We undertook a call for views on the UK’s implementation of the Kiev protocol on PRTRs last year, and no responses raised concerns or issues with the accessibility of publicly available information. This regulation is an important part of our wider legislation on air quality and industrial emissions. Our commitment to air quality and industrial emissions is also, as a number of noble Lords commented, underpinned by our ambitious environmental agenda, including our 25-year environment plan and our clean air strategy, which has been praised by the WHO as

“an example for the rest of the world to follow”.

We are delivering a £3.8 billion plan to clean up transport and tackle NO₂ pollution and going further in protecting communities from air pollution, particularly PM2.5 which is especially harmful to human health. Through the Environment Bill we are also setting ambitious new air quality targets, with a focus on reducing public health impacts.

In response to my noble friend Lord Randall of Uxbridge, of course we want a dramatic reduction in the use of pesticides. However, pesticides are authorised for use when scientific assessment demonstrates that this will not cause harm to human health. Pesticide users are required to take all reasonable precautions to protect human health and the environment and to confine the product to the area intended to be treated. When using a pesticide in areas used by the public or vulnerable groups, operators must also ensure that the amount and frequency of use is as low as reasonably practicable. Pesticide users must follow the statutory conditions of use for every pesticide they use. However, as I say, we absolutely want to see a dramatic reduction in their use.

On Heathrow, we have worked together for many years on this issue and noble Lords know my views. The Government have been clear that it is a private sector project which must meet strict criteria on air quality, noise and climate change, as well as being privately funded and delivered in the best interest of consumers. It is now down to an applicant to demonstrate that it can meet all those criteria.

Also in response to my noble friend Lord Randall, our landmark Environment Bill will improve air quality by establishing a duty to set a target to reduce fine particulate matter—PM2.5—alongside a further long-term target on air quality as part of the wider framework for setting legally binding environmental targets. The Government are committed to evidence-based policy-making and will consider the World Health Organization guideline level for PM2.5 as we approach setting the targets, alongside independent expert advice, evidence and analysis on a diversity of factors.

Finally on this point, following comments by my noble friend Lady Altmann, it is important to set out the Government’s record on and commitment to improving air quality. Air pollution at a national level has reduced significantly since 2010. Emissions of fine particulate matter—PM2.5—have fallen by 11%, while emissions of nitrogen oxides are at their lowest level since records began. She asked about the impact of lockdown. I am afraid that I cannot give her the precise figures at this point, but I shall follow this up. We know that NO₂ fell during lockdown, but we also know that levels are now rising again, unfortunately, as traffic increases. She also asked about the efficacy of electric vehicles. Certainly, they are a critically important part of the transition, but we are continuing to invest in research to ensure that we fully and properly understand all aspects of the issue.

Again in response to my noble friend Lady Altmann, while emissions continue to improve year on year, we know of course that there is much more to do. She asked what steps we were planning to take, and I have mentioned some already. Our clean air strategy outlines a package of measures across the whole economy to meet our 2030 commitments and the Environment Bill contains the new legal framework to do this. We have a strong pipeline of action, including on particulate matter, controlling emissions from domestic burning and, also on particulate matter, work to establish new air pollution targets. We are continuing to tackle emissions from agriculture following our consultation on solid urea fertilisers. We are establishing the most suitable approach for non-road mobile machinery, and we are controlling industrial emissions by driving innovation and enabling regulatory certainty through UK BAT.

Looking forward, we have committed in the Environment Bill to a systematic review of the national strategy, which focuses on local air quality management, aiming to better align national and local policies to deliver air quality improvements, and build the capacity of local delivery partners to effectively tackle localised air quality issues, which is a critical part of the national effort to reduce and address air pollution.

My noble friend Lady McIntosh also raised the issue of electric vehicles. She probably already knows that we are spending £880 million on retrofitting vehicles. Powers in our Environment Bill will enable government to force the recall of vehicles when they do not meet the environmental standards that they are legally required to meet.

As I have outlined, the Air Quality (Legislative Functions) (Amendment) Regulations 2021 make no change to the existing content of the UK industrial reporting or the nature of PRTR legislation. Therefore, I commend the draft regulations to the Committee.

Motion agreed.

Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021

Lord Goldsmith of Richmond Park Excerpts

Tuesday 18th May 2021 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, there are two instruments in the group before you, both of which address requirements for the movement of goods subject to UK sanitary and phytosanitary controls. I will speak to each in turn.

The first is the Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021. This instrument delays the introduction of control measures for specific plant and animal product commodities. The EU exit regulations amended by this instrument addressed official controls on imports to Great Britain of animals and animal products, and plants and plant products, including food and other imports relevant to the agri-food chain, collectively known as sanitary and phytosanitary or SPS controls. Those regulations allowed retained EU law to remain operable in UK legislation after the end of the transition period following our exit from the European Union. For example, they removed references in legislation to the Commission and replaced them with references to the appropriate UK authority.

Having exited the European Union, we are implementing measures to bring EU imports into the same risk-based controls regime that we apply to imports from the rest of the world. A key element of the EU exit regulations is to set out a transitional period for the introduction of these controls on EU SPS imports into Great Britain. This is a temporary pragmatic step, made necessary due to the impact of Covid-19 on all businesses delivering import, control and infrastructure services. The phased introduction of controls prioritises flow at the border and gives business and industry the necessary time to prepare for the full controls regime. It supports international trade and mitigates border disruption. Those regulations, made and brought into force in late 2020, set out phasing provisions in a number of separate instruments governing official controls, trade in animals and related products, and plant health, including provisions to introduce a first tranche of border controls for some specific plants and animal product commodities from 1 April 2021.

On 11 March 2021, the EU Exit Operations Cabinet Committee agreed that the dates for the introduction of these phased SPS border control checks should be extended while businesses are still dealing with the ongoing impacts of the coronavirus pandemic, which have significantly outlasted the estimates made in the third quarter of 2020, when the instruments in question were being drafted. We are therefore now amending the original regulations to revise the planned dates for the ongoing introduction of phased controls. We must ensure that these transitional provisions are reasonable and operable during and after the protracted period in which businesses and border operations continue to be adversely affected by the coronavirus pandemic. This phasing adjustment will enable businesses to familiarise themselves with the new SPS requirements and migrate to new IT systems. It will ensure that necessary infrastructure and processes are in place at border control points, further minimising the risk of any disruption. We will, in due course, introduce a further instrument to reset the later phases of import controls.

As a whole, these regulations will ensure that we continue to deliver robust, effective controls and checks on all food, animal and plant imports. This instrument does not introduce any policy changes, and the devolved Administrations have given their consent for these regulations to apply to the whole of Great Britain. We remain fully committed to the World Trade Organization and to our international trade obligations.

I now turn to the second instrument. The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021 provides a fee exemption for phytosanitary certificates for exporting or re-exporting goods from England to Northern Ireland by amending certain fee regulations. These regulations set fees for delivery of plant health services in England by the Forestry Commission and Defra respectively. This includes fees for pre-export and export certification services required to comply with EU third-country entry requirements relating to plant health controlled material. All businesses that use these services are charged a fee to recover the cost of delivery.

The protocol on Ireland and Northern Ireland means that Northern Ireland remains in the EU plant health regime. Therefore, all movements of regulated plants between GB and Northern Ireland must meet EU third-country requirements, including being accompanied by a phytosanitary certificate. If pre-exit fees related to production of phytosanitary certificates were not amended, they would apply in full to trade in regulated plants, plant products and other objects between England and Northern Ireland. This would create additional costs to businesses when carrying out trade within the UK internal market.

Amendments are being made by this instrument to provide an exemption from the payment of fees for pre-export and export certification services where goods are moving from England to a business or private individual in Northern Ireland. The exemption also applies to movements of goods by private individuals in their passenger baggage. This SI applies to England only. Scotland has made parallel legislation and Wales plans to do so. This instrument will ensure that trade between England and Northern Ireland is not subject to additional plant health costs following the end of the transition period. The exempt costs will cover the application, examination, production and amendment of phytosanitary certificates and any associated inspections and testing that may be required in order to meet EU entry requirements.

The amendments introduced by this instrument do not include any policy changes. The instrument simply ensures that the current policy for intra-UK trade is maintained; that services for pre-export and export certification to third countries should not be an additional financial burden to businesses when moving goods within the UK internal market. These instruments ensure that we continue to deliver an effective imports system that guarantees our high standards of plant health and food and animal safety, while ensuring frictionless trading and movements. I beg to move.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con) [V]]

I thank the noble Lords who have contributed to this debate.

As I outlined in my opening remarks, the first instrument reflects the Government’s assessment of the protracted impacts of the ongoing pandemic and our need to be pragmatic about phasing in controls on EU imports in a manner and on a timescale that can be reasonably met by trade. The second instrument ensures that the current policy for intra-UK trade is maintained without additional plant health costs for moving goods between England and Northern Ireland following the end of the transition period.

I assure the noble Lords who raised concerns about delaying checks and the new timetable that we are acting in the best interests of UK businesses in taking the decision to delay the introduction of import controls. This will give traders time to focus on getting back on their feet as the economy opens up in the summer.

When the regulations were drafted in the autumn of 2020, we were unaware how disruptive the pandemic would continue to be. These proposals are contingent on the UK proceeding with the relaxation of coronavirus measures in accordance with the broad timetable set out by the Prime Minister. If the UK faces a different scenario, we will monitor the impact very carefully. I assure the noble Baroness, Lady Bakewell, in particular that we are confident that there are no biosecurity risks from these delays. Current EU biosecurity standards are essentially the same as our own, and where this is not the case—for example, for certain plants—we have already delivered more robust controls, which remain in place.

The instrument before your Lordships was made under the urgency provision so that it could be laid and brought into force by 31 March, following the Cabinet committee decision of 11 March. We did not want the risk that EU import businesses would have felt obliged to comply with the control requirements originally due to come into force in April. As with many of the SPS instruments giving effect to the withdrawal Act 2018, this SI does not apply to Northern Ireland.

The noble Baronesses, Lady Ritchie and Lady Jones, asked about the readiness of IT infrastructure. Delivery remains on track for the new import and export IT systems. Since 1 January 2021, the IPAFF system has been successfully introduced for imports of live animals, animal products and high-risk food and feed not of animal origin into GB. We are now extending that system to imports of plants and plant products from EU and non-EU countries. Our new exports IT system is also on track, currently in beta. The next stage is phased transition to the new live systems throughout summer 2021. These timetables will allow the import and export sectors, including businesses affected by Covid, the time they need to familiarise themselves with the new services and commodity groups.

On wider infrastructure readiness, in response to the noble Baroness, Lady Jones, as of April 2021, Defra has received 41 applications for new border control points in England and Wales; 37 of them are live and we are aware of 16 applications for Scotland. The revised phasing has taken into account the concerns from ports and port authorities on preparations for checks. As we validate the plans for January 2022, we will identify any ports or authorities where there are residual concerns and ensure that a response is pragmatic, tested and can be operationalised effectively. Delaying these requirements does not reflect a change in policy; therefore, in answer to a number of noble Lords, an impact assessment or formal consultation with stakeholders was not deemed necessary.

The delay in import controls introduced by this instrument has already been communicated to the trade via meetings, newsletters and a webinar. In answer to the noble Baroness, Lady Jones, these amendments have been positively received by the trade as they enable businesses to save documentary costs and goods to flow easily across the border. Also in response to the noble Baroness, to support readiness for the delivery of the new import controls on animals and animal products, Defra has provided £40 million of funding to local authorities in England to assist port health authorities with the recruitment and training of more than 500 new staff, including official veterinarians.

The delay in import controls for low-risk plants and plant goods introduced by this instrument will give EU businesses more time to prepare for these changes. EU businesses have welcomed this additional time. EU member states are aware of our new requirements and are getting ready for these changes. Ultimately, they will be responsible for preparing EU businesses to meet ongoing demand from customers in Great Britain.

Noble Lords asked questions about the challenges facing those that export regulated goods to the EU or move them to Northern Ireland. We fully acknowledge the difficulties facing those businesses, and continue to press the strong technical case for the remaining prohibitions and restrictions to be removed from GB plants and plant products.

The noble Lord, Lord Taylor, raised concerns about charges and the need to simplify the process of sending dormant flower bulbs to Northern Ireland. The UK Government and the Northern Ireland Executive have developed practical arrangements to simplify checks and controls between GB and Northern Ireland. The requirements for moving bulbs and other plant material to Northern Ireland are set in EU plant health regulations, and we continue to discuss issues around the application of these requirements, in the context of the protocol, with the Commission.

The Movement Assistance Scheme has been developed by the Government to make it easier for traders to continue to move agri-food goods, including bulbs, from Great Britain to Northern Ireland. We will continue to monitor and review the scheme to determine how best to provide ongoing support to traders. Also in answer to the noble Lord, Lord Taylor, the UK Government have engaged and continue to engage with businesses and stakeholders on support measures; they also continue to collect feedback on what further assistance could be beneficial.

Defra continues to press the strong technical case for the remaining prohibitions and restrictions to be lifted to enable exports of the full range of GB plants and plant products to the EU and their movement to Northern Ireland. Following this process will lead to an outcome that endures over the long term. Working with industry bodies, we are seeking to ensure that this process is expedited.

The noble Baroness, Lady Bakewell, was concerned that there is a contamination risk where private individuals can bring plant and plant matter into and out of Northern Ireland with certification. The new requirements on goods moving from Great Britain to Northern Ireland are consistent with the Northern Ireland protocol, and certificate requirements are the same for personal or commercial movements of plants and plant products. The Government have guaranteed unfettered access for Northern Ireland’s businesses to the rest of the UK internal market, ensuring that they can continue to trade as they did before the end of the transition period. Plants will continue to move from Northern Ireland to GB under the same plant passporting system that now governs plant movements within GB. For private individuals travelling from Northern Ireland, or indeed from anywhere, our advice remains to act responsibly.

My noble friend Lady McIntosh asked whether the SI covers all the devolved Administrations. The answer is no. The territorial application of this instrument is England. Scotland has laid two Scottish statutory instruments to cover the equivalent measures for goods moving from Scotland to Northern Ireland, and Wales intends to lay equivalent legislation, which will enter into force later this year. The Scottish and Welsh Governments continue to commit to not diverging in ways that would cut across future frameworks where it has been agreed that they are necessary or where discussions continue.

My noble friend also asked why we do not have an SPS regime such as that in New Zealand. The sanitary and phytosanitary chapter of the trade and co-operation agreement put in place a framework, including an SPS specialised committee, that allows the UK and the EU to take informed decisions to reduce their respective SPS controls, with a commitment to avoid unnecessary barriers to trade. It is in both parties’ interest to use this framework to reduce the rate of SPS checks required, and the TCA is the starting point for our future relationship with the EU. We are open to discussions with the EU on additional steps that we can take further to reduce trade friction, but they cannot be on the basis of future alignment with EU rules, as that would compromise UK sovereignty over our own rules.

Finally, on the issue of cost, which was raised by a number of noble Lords, the actual costs to businesses will vary depending on how they organise their imports and the type of material being imported. The schedules to the statutory instrument set out the fees for individual categories of commodities. The fees methodology was agreed through consultation with the trade in 2017.

To those noble Lords who raised questions about the fees applying to moving material from GB to Northern Ireland, I can reassure them that there will be no associated fees. This is in line with the principles of unfettered market access. There is no requirement for export phytosanitary certificates to accompany qualifying Northern Ireland goods moving from Northern Ireland to GB. There will also be no import checks on QNIGs entering GB, and no additional costs to trade as a result of plant health service delivery by APHA.

I hope that noble Lords appreciate the need for these trade-supporting regulations. These two statutory instruments are critical components in our ongoing legislative process, which will together ensure that we are able to maintain a functional and effective imports regime now that the transition period has ended. I would like to thank again noble Lords for the important points raised here today. I trust the responses have been useful. I am confident that these regulations are fit for purpose and represent another marker in the Government’s commitment to providing support for business.

Motion agreed.

Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021

Lord Goldsmith of Richmond Park Excerpts

Tuesday 18th May 2021 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

Motion agreed.

Covid-19: Syria

Lord Goldsmith of Richmond Park Excerpts

Thursday 29th April 2021 Lords Chamber

[Baroness Cox (CB) [V]]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I echo the words of appreciation for the Lord Speaker.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, Covid-19 continues to pose a particularly significant threat in Syria. The UK is working closely with the UN and partners to adapt our humanitarian response. We are also supporting the UN-led political process, which the Syrian regime must engage with seriously for sanctions to be lifted. UK sanctions are carefully targeted at specific sectors and individuals to minimise their impact on ordinary Syrians, and these are regularly reviewed.

[Baroness Cox (CB) [V]]

My Lords, I thank the noble Lord for his reply, but does he acknowledge that, despite the United Kingdom’s efforts to implement smart sanctions with humanitarian exemptions, it has become impossible for millions of civilians to obtain food, medicines and life-saving medical equipment, causing widespread, avoidable suffering and death, greatly exacerbated by Covid? Will Her Majesty’s Government therefore accept advice from the United Nations experts and in-country aid workers, who emphasise it is now a matter of the greatest urgency to lift economic sanctions immediately?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the Government will report to Parliament on UK sanctions regimes annually. If the UK determines that it is no longer appropriate to maintain an autonomous sanctions regime, the regime will be changed or removed. Periodic reviews will take place every three years under the Act. The UK-Syria sanctions are carefully targeted at specific individuals, entities and sectors. The UK and its partners take all possible steps to mitigate any wider impact of sanctions on Syrian civilians; for example, food, medicines and medical equipment are not subject to UK sanctions, and additional exemptions are available for humanitarian reasons.

[Lord Touhig (Lab) [V]]

My Lords, I join colleagues in wishing you, Lord Speaker, a very good and happy retirement, although I do not think you really plan to retire.

The complex sanctions regime imposed on Syria has exacerbated the situation, hampering the ability of NGOs to deliver essential aid. On top of this, increased levels of banking de-risking are preventing NGOs receiving funds for their programmes, resulting in the suspension of life-saving activities, including providing Covid-19 vaccines. The consequences for these vulnerable people are too terrible to describe. Children in particular are suffering. Surely, Her Majesty’s Government can do something about this.

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, our priority clearly, is to end the conflict in Syria through a negotiated political settlement. We believe that only an inclusive, non-sectarian Government can unite the country and protect the rights of all citizens. We have been one of the largest bilateral donors to the Syrian crisis; we are at the forefront of humanitarian response, focusing on helping those most acutely in need. So far, we have committed more than £3.7 billion in response, our largest ever response to a single humanitarian crisis. We will continue to provide whatever support we possibly can. We want an end to this appalling situation, which the noble Lord rightly describes in extremely powerful language.

[Baroness Northover (LD)]

I too thank the Lord Speaker. What impact assessment has been made of the UK cut in aid to Syria and UN agencies operating in Syria? If that has not happened, why not?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, I cannot talk about individual projects; I can say that the UK remains one of the largest humanitarian donors to the Syria crisis. As I said, we have committed more than £3.7 billion since 2012. We have supported millions of people, providing food, clean water and healthcare, and our funding will continue to do so. However, in relation to specific programmes, I fear that all I can say for now is that FCDO programme managers are working with suppliers and delivery partners to work out the precise implications for every programme.

[Baroness Helic (Con) [V]]

My Lords, more people are displaced from Syria than from any other country in the world. Syria’s neighbours alone host more than 5 million Syrian refugees. We rely on them to do this to avoid a repeat of the mass movement of Syrian refugees that we saw in 2015 and to prevent even worse humanitarian suffering. Does my noble friend see any risk that cutting Britain’s aid to Syrian refugees this year could seriously affect the ability of Syria’s neighbours to continue bearing the burden of the Syrian refugee crisis, particularly if other countries follow Britain’s example and cut their overseas aid?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, it would be a great thing if other donor countries followed our example of how much we have invested in Syria. We are investing enormous sums in an appalling humanitarian crisis. Over half the pre-war population is displaced from their homes and millions of people are in urgent need of humanitarian assistance. We have spent at least £1.96 billion to support the probably more than 5.5 million refugees in the wider region, addressing immediate humanitarian need, providing quality education to children, creating opportunities and providing shelter. We continue to support the Governments of Jordan, Lebanon and Turkey to cope with a protracted refugee presence in a whole manner of ways.

[Lord Green of Deddington (CB) [V]]

My Lords, I have been following events in Syria for more than 50 years. The current regime can indeed be brutal, but it is no worse than any likely alternative, and it is at least firmly opposed to Islamic extremism. It defeats me what the real policy of the Government is in this, but my noble friend Lady Cox is absolutely right— all the Syrian people, whether supporters of their Government or not, are suffering severely from our sanctions, greatly exacerbated by Covid. These sanctions are not smart, so will the Government now review them? They have become inhumane, indeed shameful, in their effect.

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, our goal is simply—although the means are certainly not simple—to end the conflict in Syria. We want to do that through a negotiated political settlement. The UN-led Geneva process between the Syrian parties, mandated by UN Security Council Resolution 2254, remains the forum for reaching a lasting political settlement and UN special envoy Geir Pedersen has our full support. UK sanctions send a clear message to the regime and its supporters that we will not stand by while they continue to commit serious human rights abuses. They are designed to hold perpetrators to account and prevent those targeted entering the UK, channelling money through UK banks or profiting from our economy. They are highly targeted, surgical, forensic sanctions, designed to prevent those responsible for these atrocities benefiting in any way from access to our system here in the United Kingdom.

[Lord Collins of Highbury (Lab)]

My Lords, for once this week I totally agree with the Minister: the regime over the past decade has committed some of the most horrendous human rights violations and it is important that the international community unites to ensure that it cannot act with impunity. Last month, Secretary-General António Guterres called for stronger action. What is the noble Lord’s response to the Secretary-General’s call?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, in response to this and previous questions, the UK intends to maintain its sanctions regime. We believe it works and that it has an impact. The UK has no plans, therefore, to initiate lifting sanctions unless and until the Assad regime and its supporters’ violent suppression of Syria ceases and the Assad regime meaningfully engages in the UN-led political process. Our priority is to end the conflict, and the sanctions are, we believe, carefully targeted against the regime—against Assad, his family, his armed forces and business cronies. As I mentioned, there are extensive exemptions, including on humanitarian grounds, but we need to be cautious because Assad would likely misuse any additional funds that reach the regime, and we know that.

[Lord Roberts of Llandudno (LD) [V]]

My Lords, 15 March was the 10th anniversary of the start of the civil war in Syria that has resulted in the deaths of 500,000 people. The pandemic could not have struck a more vulnerable people. Resolution 2565 from the Security Council the other day directed the global distribution of vaccines. What contribution has the UK made to this? How has the Russian Putin-Assad discussion on vaccines affected the situation?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the noble Lord is right: Covid-19 is having a massive impact on the humanitarian response to the needs of approximately 13 million people across Syria who rely on continued access to life-saving services and humanitarian support. The fragile health system is struggling to deliver assistance after all these years of horrific conflict. Some of the highest-risk individuals are internally displaced persons in camps or detention centres in conflict areas and we are working closely with the WHO and other humanitarian partners to support scaled-up testing capacity in Syria. Our funding has allowed rapid response teams and medical staff to help limit human-to-human transmission, educate communities on keeping safe and ensure that health services can, frankly, keep going. UK aid is providing access to health services and medical supplies, improving shelters so that people displaying symptoms can isolate, and much more besides. This is a priority for the UK Government.

[The Lord Speaker (Lord Fowler)]

I have to say that Ministers as well as ordinary Members must be short. The time allowed for this Question has elapsed. We come to the third Oral Question.

Integrated Review: Development Aid

Lord Goldsmith of Richmond Park Excerpts

Wednesday 28th April 2021 Grand Committee

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, I start by echoing the remarks of so many noble Lords about the late Lord Judd. I did not know him personally but it is clear from the tributes that have been paid that he had a significant impact.

This is a landmark year for UK leadership on the world stage. As countries around the world continue to grapple with the profound economic and social consequences of Covid, the UK stands with them as an active, confident, internationalist, burden-sharing and problem-solving nation—as a force for good in the world. We are setting this tone through our G7 presidency in June, co-hosting the Global Partnership for Education pledging summit with Kenya and hosting COP 26 in November, a truly critical moment in the global fight against climate change.

In this year of global leadership, we have produced the most comprehensive articulation of UK foreign policy and national security that has been published by a British Government in decades. The integrated review of security, defence, development and foreign policy sets out the Prime Minister’s vision for a stronger, more prosperous union in 2030. It has, at its heart, the protection of the interests of the British people, of our sovereignty, our security, our health and our prosperity.

As my noble friend Lord Ahmad told the House only last week, the integrated review identifies the key trends and challenges that will guide UK foreign policy for the decade ahead. It covers: the geopolitical and geo-economic shifts that will define our new alliances and partnerships including, as a number of noble Lords noted, in the Indo-Pacific region; the increasing competition between states over diverging interests, norms and values; the consequences of rapid technological change in areas such as artificial intelligence, cyber and data; and, perhaps most importantly, the transnational and existential threats to our shared climate, biodiversity and health—truly global challenges that already affect every person on this planet, illustrated so acutely by the Covid-19 pandemic.

A strong and credible UK offer on international development will be fundamental to delivering the objectives of the integrated review because the UK’s sovereignty, security, health and prosperity do not exist in a vacuum. With respect, I disagree with the noble Lord, Lord Desai, and agree with, among many others, the noble Lord, Lord Collins of Highbury: our interests are bound up with the sovereignty, security, health and prosperity of people living many miles from our shores. We know that poverty, marginalisation and exclusion, in Africa and Asia and elsewhere, sow the seeds for challenges that affect us here at home, including illegal migration, conflict, terrorism and the spread of disease. That is why the UK will continue to act in the interests of the world’s poorest people. Providing hope and opportunity is not just the right thing to do; it is firmly in our national interest.

We will deploy our diplomatic network to promote UK values on freedom, open societies and human rights around the world. We will be a voice for the poor and marginalised in multilateral fora such as the UN Security Council and at global summits such as COP 26. I say in answer to the noble Lord, Lord Alton, that that includes the use of soft power. He mentioned the important work of the British Council, which is, as he said, a key soft power asset. I can reassure him that the council will receive £189 million of grant in aid for 2021-22, an increase on the £149 million it received in 2020-21. That point was echoed by the right reverend Prelate the Bishop of Rochester, who rightly added that, where UK aid withdraws, that void can, and likely will, be filled by those with less benign interests. The noble Baroness, Lady Randerson, delivered the same warning.

We will continue to provide lifesaving aid and basic services in the world’s poorest countries through our overseas development assistance spending, because, despite the unique and extreme financial pressures imposed on us by Covid, the UK remains, in both percentage and absolute terms, one of the world’s most generous aid donors. In 2020, we spent more than £14 billion fighting poverty and helping those in need, including £1.3 billion of humanitarian support to famine and conflict-affected regions. We have pivoted more than 300 of our existing ODA programmes to respond to the economic, social and health consequences of the global pandemic. For the eighth year running, we have proudly met the 0.7% ODA target.

Clear interest has been expressed today in UK aid spending for the year ahead. As the Chancellor of the Exchequer set out to Parliament on 25 November, we cannot ignore the seismic impact of the Covid pandemic on the UK economy. Notwithstanding the swift action we have taken to safeguard jobs and livelihoods, this is the biggest economic contraction in 300 years. It has caused a budget deficit of almost £400 billion, which is double the level of 2008. We must safeguard the public finances. For this reason, the Government have taken the tough but necessary decision temporarily to reduce the UK’s commitment to spending 0.7% of gross national income on overseas development assistance. This year, we will instead spend 0.5% of GNI.

I must reiterate—this point was driven home by my noble friend Lord Lancaster of Kimbolton and raised by my noble friends Lord Balfe and Lord Naseby—that this is a temporary reduction, driven by prevailing fiscal circumstances. My noble and learned friend Lord Garnier cited the International Development (Official Development Assistance Target) Act 2015. My noble friend Lady Sugg also raised this issue. The Government have been clear that they will act in line with the Act, which, as noted by a number of noble Lords, explicitly envisages that there may be circumstances where the 0.7% target is not met. Despite the comments of the noble Lord, Lord Liddle, it is not a decision that we have taken lightly.

Of course, the shift to 0.5% will not be pain free. I assure the noble Lords, Lord Purvis and Lord Hannay, that I know that there will be real-world impacts on some of our activities. The noble Lord, Lord Lipsey, noted the polarised nature of the debate. I agree with him. The noble Lord, Lord Bhatia, said that millions would die because of this policy decision. There, I disagree: let us not forget that millions of lives are saved, and will be saved this year as every year, as a direct consequences of our interventions and our aid. My noble friend Lord Bellingham made the point that the output is more important than the input. Although I am determined, as I believe he is, that we return to 0.7% as quickly as we can, he is nevertheless undoubtedly right.

We are focused on ensuring that every penny of ODA brings maximum strategic coherence, impact and, in answer to my noble friend Lord Polak, value for the taxpayer, now more than ever. I thank my noble friend for bringing to our attention his examples of highly effective, Israeli-backed charities working in Africa, which I will look into in more detail in due course.

A number of noble Lords raised specific programmes, concerned that they may have been caught up in the cutbacks. The noble Baroness, Lady Coussins, mentioned the volunteering for development, or V4D, grant to Voluntary Service Overseas, or VSO, and funding via H2H for Translators without Borders. The noble Baroness, Lady Jay, also mentioned VSO. The noble Lord, Lord Crisp, raised a range of important programmes in addition, as did the noble Lord, Lord Collins of Highbury, and other noble Lords. I am afraid that all I can say at this point, which I know will be frustrating, is that FCDO programme managers are working with their suppliers and delivery partners to determine the precise implications for each programme. However, we have protected UK civil society organisations from cuts wherever possible.

My noble friend Lady Sugg asked for more transparency. I can reassure her that, as is usual, the full official development assistance budget per country and business unit for 2021-22, along with final audited spend for 2020-21, will be published in the annual report and accounts in due course.

The UK remains a world leader in international development. We will spend £10 billion on ODA in 2021, meaning that, this year, the UK will still be the third-largest ODA donor in the G7 as a percentage of GNI. With respect, I therefore cannot accept the suggestion made by the noble Baroness, Lady Goudie, that we are no longer taken seriously. The Foreign Secretary recently concluded a thorough review to ensure that our ODA marks a strategic shift, putting our aid budget to work alongside our diplomatic network, our science and technology expertise and our economic partnerships.

In helping to tackle global challenges, we will focus on core HMG priorities with the overarching objective of poverty reduction. The integrated review has helped to guide the process by setting out how, as an independent and sovereign global Britain, we will act as a force for good and use our influence to shape the future international order. This, I believe, answers the question asked by the noble Baroness, Lady Greengross, about DfID and the FCO merging to become the FCDO.

To deliver this vision, resource has been allocated to the seven priorities that the Foreign Secretary set out to Parliament on 26 November. The first is climate and biodiversity, our top international priority. As the noble Baroness, Lady Bennett, said, one of the great injustices of climate change is that the world’s poorest countries—the lowest emitters—will be most heavily hit by its impacts. The UK is the first major donor nation to commit to making its entire ODA portfolio compliant with the Paris Agreement—something we are encouraging all other donor countries to emulate. Likewise, we have committed to ending all direct UK Government support for the fossil fuel energy sector overseas, encouraging as many countries as possible—all countries, ideally—to commit to the same.

In response to the question from the noble Lord, Lord Khan of Burnley, let me say that, in this COP 26 year, we are spending £1.4 billion of ODA on international climate finance, thus starting the trajectory towards doubling our ICF commitment to £11.6 billion by 2025, as promised. Also, on nature, the Prime Minister recently announced that the UK will commit at least £3 billion of our international climate finance to protecting and restoring the natural world and biodiversity over the next five years. This is a world-leading commitment, harnessing the power of nature to trap carbon and support some of the world’s most vulnerable communities that depend most directly on the free services that nature provides, which we are desecrating globally at an appalling rate. This policy is good for the poor, good for the planet and, by extension, good for all of us. We hope that other donor countries will follow.

Our second priority is global health security. I hope that the noble Lord, Lord Collins of Highbury, will be reassured to hear that the FCDO will spend more than £1.3 billion on global health this year. I say in response to my noble friend Lady Hodgson of Abinger and the noble Lord, Lord Purvis, that we have very much been at the forefront of the international response to Covid-19 through our commitments to COVAX, Gavi and the World Health Organization, as well as through bilateral spend where the need is greatest, particularly in Africa. I hope that this also reassures the noble Lord, Lord Chidgey, and my noble friend Lady Chalker of Wallasey, who asked the same question.

To go back briefly to the question from the noble Lord, Lord Purvis, about whether our commitment to Gavi remains, the answer is yes. As agreed previously, we will maintain our commitment to support Gavi at the current levels.

I say in response to my noble friend Lady Chalker of Wallasey that UK expertise in science, research and development has led to one of the first effective and affordable Covid-19 vaccines. In September, the Prime Minister committed £548 million to the COVAX Facility to ensure that these vaccines can reach the world’s poorest countries. We have also pledged up to £1.65 billion to Gavi over the next four years to support millions of routine immunisations, and we recently announced a further £340 million between 2020 and 2024 in core contributions to the WHO; that is additional to our £120 million annual average commitment. This will provide technical guidance and operational support to maintain health services in poor and developing countries.

Our third priority is girls’ education. This issue was raised by a number of noble Lords, including the noble Lord, Lord Purvis. I can tell him that the FCDO will spend £400 million on girls’ education this year. We will invest directly in more than 25 countries, helping to achieve the global target to get 40 million girls into school. Of course, we will also demonstrate our leadership by co-hosting the Global Partnership for Education summit in July; we will announce details on the UK’s contribution to GPE in due course. As co-hosts of the summit, we are using all the means at our disposal to help the Global Partnership for Education to secure its five-year financing target of $5 billion. I hope that this reassures the noble Lords, Lord Loomba, Lord Hastings and Lord Chidgey, who all raised this important issue during their speeches.

The fourth area is humanitarian preparedness and response. We will spend over £900 million this year to maintain the UK’s role as a force for good at times of crisis. We will focus our country’s bilateral spend on those countries most affected by the risk of famine, including—in answer to the noble Lord, Lord Roberts of Llandudno—Yemen, Syria, Somalia and South Sudan. A £30 million crisis reserve will enable us to respond rapidly to new crises. We will use our position as a leading humanitarian actor to drive improvements in how assistance is delivered globally and to project UK values through the humanitarian system.

The fifth area is science and technology. The integrated review clearly outlines that science and tech is an “integral element” of our international policy—this point was made by the noble Lord, Lord Patel, and the noble Baroness, Lady Northover. ODA-funded research by the FCDO has led to the first internationally approved vaccine to prevent Ebola; the world’s first anti-malarial drug, saving more than a million lives; and micro-nutrient-rich varieties of staple food crops, feeding 50 million people. That is why this year, across government, we will make £370 million of R&D investments across all seven themes of the ODA strategy.

The sixth area is open societies and conflict resolution. The FCDO will use over £400 million to harness the UK’s unique strengths in conflict management and resolution and to project our support for democratic values, institutions, human rights and freedom of religious belief. This point was made by the noble Lord, Lord McConnell of Glenscorrodale, and I add in response only that we will utilise the UK’s expertise on conflict management and resolution through the newly created FCDO office for conflict mediation and stability, which will have the central co-ordinating function for all conflict work across government.

In response to the point made well by the noble Baroness, Lady Kennedy, about the critical importance of judicial capacity-building and the rule of law, I say that the IR absolutely confirms that our ODA will support core campaigns in support of British values, standing up for democracy and democratic institutions, the rule of law, media freedom, human rights and freedom of religious belief. I hope that this also provides some reassurance to the noble Lord, Lord Cashman, who asked a similar question. We will further drive, impact and support democratic values and institutions through our diplomacy, including our new sanctions policy, which will shortly be extended to cover corruption.

The noble Lord, Lord Alton, mentioned the grim conflict in Tigray in Ethiopia; I reassure him that, during his visit to Ethiopia on 22 January, the Foreign Secretary pressed Prime Minister Abiy for a political dialogue to bring lasting peace to Tigray and to make clear the need for unfettered humanitarian access. Since 2019, UK aid has provided £19 million of support, ensuring that displaced people have access to food, shelter, water, sanitation and basic health. The noble Lord also mentioned human rights abuses in Nigeria, which are, of course, a major concern of ours as well. The Minister for Africa is in Nigeria this week, and he will continue to make clear, at the highest levels, the importance of protecting civilians—including those from different ethnic and religious communities—and human rights for all Nigerians.

Both the noble Lord, Lord Alton, and the noble Baroness, Lady D’Souza, mentioned Afghanistan. Since 2001, the UK has provided £3 billion in development and government assistance to Afghanistan. Partly thanks to UK aid, life expectancy increased from 50 years in 1990 to 64 in 2018. There are 8.2 million more children in school since 2002, and 39% of those enrolled are girls. We are working closely with the US, NATO allies and partners, but, for there to be any chance of a lasting peace, the Taliban must engage meaningfully in a dialogue with the Afghan Government. Any change to our security presence will be made in agreement with allies and after consultation with our partners.

Finally, in response to the noble Viscount, Lord Waverley, I raise the subject of economic development and trade. The FCDO will spend over £490 million to support new trading relationships with developing countries, complementing our wider multilateral and capital investments to build our trade and investment partners of the future. To answer my noble friend Lord Sarfraz, I can say that we will use the CDC and multilateral partners to drive mutually beneficial growth with strategic partners in circumstances where, as he points out, private sector investment is not practicable.

Within this framework, we will focus on exerting the maximum possible influence as a force for good in Africa—and at the same time strategically tilting towards the Indo-Pacific. We will spend around half of our bilateral country ODA in Africa, where poverty and human suffering remain the most acute. We will focus 60% of that bilateral Africa spending on east Africa, to reflect the UK’s unique role and clear national strategic interest in countries such as Ethiopia, Kenya, Somalia, and Sudan.

In answer to the right reverend Prelate the Bishop of Southwark, I say that we will spend one-third of bilateral ODA in the Indo-Pacific and south Asia, supporting deeper engagement in that region, promoting open societies, reinforcing trade links and promoting collaboration on climate change. Although we are reducing the amount of ODA that the FCDO spends in China, we will continue to fund programmes on human rights and open societies.

The integrated review provides a vision for global Britain; a problem-solving and burden-sharing nation with a global perspective, embracing innovation in science and technology and a beacon of democratic sovereignty. Our leadership on international development —focused on the global fight against climate change, the environment and poverty—is a fundamental part of this integrated approach.

The strategic framework for international development that I have outlined represents a compelling and competitive offer to the developing world that is consistent with our values and interests. I am proud of our aid spending and the huge amount we do every day to support the world’s poorest and most vulnerable people. Even in the toughest economic times, we will continue that mission to deliver the vision of the integrated review and to act as a force for good.

Natural Habitats: Infrastructure Projects

Lord Goldsmith of Richmond Park Excerpts

Monday 26th April 2021 Lords Chamber

[Lord Moylan]

To ask Her Majesty’s Government what plans they have to review the legislation that implemented the European Union Habitats Directive in regard to the protection of natural habitats during the construction of major infrastructure projects.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, protecting and improving the environment while delivering vital infrastructure is a top government priority. This includes the development of a more strategic approach to the protection of habitats and species, allowing for more dynamic and pragmatic planning while benefiting biodiversity. The Environment Bill will provide a statutory basis for species conservation and protected site strategies to encourage the design and delivery of broadly based solutions, in partnership with planning authorities, local communities and others.

[Lord Moylan (Con)]

My Lords, I declare my interests as shown in the register. This Question is not intended to provoke a binary debate between construction versus wildlife but it is an opportunity to consider the delay, risk and cost imposed on nationally significant infrastructure projects by what has become an intricate, bureaucratic and box-ticking regime. Now that we are free of the EU, will my noble friend at least consider using the forthcoming Bill to amend the definition of what counts as an IROPI—an imperative reason of overriding public interest—in the Conservation of Habitats and Species Regulations 2017 to include critical national infrastructure?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the regulations do not currently define which projects count as IROPI. However, nationally significant infrastructure projects will most likely always meet the public interest test, providing the project meets the environmental safeguards that no feasible alternatives exist for delivering it without impacting upon a protected site and that the necessary compensatory measures from any damage to habitats or wildlife have been taken. If my noble friend has any particular example he is concerned about, I would be very happy to meet him to discuss it, including the scope for clarifying whatever guidance we have on this.

[Baroness Neville-Rolfe (Con)]

My Lords, may I take this opportunity to express my regret at the death of my noble friend Lady O’Cathain, who, with her years of experience, would have contributed so perceptively to this complex matter? In general, I support the thrust of my noble friend Lord Moylan’s Question. Now that we have left the EU, can we interpret the provisions of the directive in a less batty fashion, and more in accordance with common sense?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the Government are looking for opportunities to break down the binary choice that my noble friend Lord Moylan hinted at in his question, and we are finding a number of ways in which we can provide a simplification, while maintaining standards. Bat licensing is a good example; Natural England is developing a new streamlined bat licensing process which involves accrediting and assessing an ecologist’s competence in undertaking survey work. By using that system, developers will benefit from a more streamlined licensing process for their project, and licence applications no longer require up-front assessment. We believe that this will save developers £2.6 million per year, £13 million and 40,000 business days over five years, and on wider rollout, an estimated 90% of bat licence applications could be assessed in this way. There are many other examples of that kind of approach working.

[Baroness Jones of Whitchurch (Lab) [V]]

My Lords, what enforcement powers will the office for environmental protection have against government departments which are judged to have breached our laws when it is established via the Environment Bill? Is the Minister confident that these powers will ensure parity with the environmental protection we enjoyed while we were a member of the EU?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we will set legally binding targets through the Environment Bill and an environmental improvement plan, which will be reviewed every five years. The Government will have to report on progress towards achieving those targets every year. The OEP will hold the Government to account on progress and every year can recommend how we can make better progress, to which the Government must respond. The OEP will have the ability, if necessary, to take the Government to court, although of course we hope that that will be unnecessary. In many respects, the scrutiny that this Government and future Governments can expect to receive will exceed greatly the scrutiny that existed before we left the European Union.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, habitat loss comes in many forms, and often because of human activity, as in the loss of ancient woodland due to the construction of HS2. However, it can also occur because of climate change, as in the large landslide on the Jurassic Coast between Seatown and Eype in Dorset. Does the Minister acknowledge that this may require the intervention of infrastructure to provide protection for the remaining coastline?

[Lord Goldsmith of Richmond Park (Con) [V]]

There will be moments when such interventions are of course justified, and there will be others when nature-based solutions might be better applied to the kind of problems that the noble Baroness has cited. We know, for example, that flood prevention can be achieved much more effectively and cheaply in some circumstances by planting trees rather than building concrete defences, and the same is true of a range of other problems that the Government are required to address.

[Lord Robathan (Con)]

I know that my noble friend the Minister will be aware of the bats and newts conservation Bill 2008, which was my Private Member’s Bill in the Commons on exactly this issue. I am ridiculously pleased when I see bats, or, indeed, newts, and I certainly like newts as much as Ken Livingstone does—I am currently having two newt ponds built on my farm in Leicestershire, helped by the Leicestershire and Rutland Wildlife Trust. Great crested newts are not uncommon in this country; indeed, they are pretty common. They may not be common in Spain or Greece, but that is another matter. We should not be spending millions on an industry of ecologists who will admit that newts, for instance, can travel hundreds of yards each night. Will my noble friend listen to the pleas from this side and review the absurd EU habitats directive, bringing some common sense to bear on this issue?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, I too share my noble friend’s fascination with newts, but perhaps not quite to the extent that Ken Livingstone does. I mentioned in an answer to a previous question that we are streamlining the process, and that is true across the board, in relation to both bats and great crested newts. District level licensing, for instance, has reduced the average time to issue a licence to 23 days compared to 101 days previously. The estimated national annual time saving is around 2,500 weeks. Schemes are now available in over 150 local authorities, and in March, the thousandth pond was created in Natural England-led schemes. Early monitoring data tells us that 34% of new ponds being colonised are colonised in the first year, which is double the normal rate, so we have achieved better environmental outcomes—better newt outcomes—while at the same time streamlining and speeding up the process of development.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, one clear lesson of the success of the UK’s vaccine development is surely that the removal of overly bureaucratic and risk-averse regulations frees up creativity and speeds up innovation. In that context, and in light of the Government’s commendable priority of levelling up and building back better, will the Minister look at how we can cut the expensive, cumbersome red tape created by the habitats directive for infrastructure and construction projects? Will he look at more efficient and flexible means of conservation, without creating barriers to human development, job creation and productive industrial growth, which are more important than newts in my opinion?

[Lord Goldsmith of Richmond Park (Con) [V]]

I do not think, and the Government, likewise, do not believe, that there is a binary choice between biodiversity and human development; our challenge is to reconcile the two, as we must. In the last 20 to 30 years we have seen dramatic biodiversity collapse in this country of all types of species, from insects to predators. This Government have announced their high ambitions for the environment, including protecting 30% of our land and seas. However, where we have an opportunity to simplify and improve the rules protecting wildlife and habitats, as the noble Baroness suggests, then yes of course we should explore that, and indeed we are.

[Lord Jones of Cheltenham (LD) [V]]

My Lords, I was a member of the Select Committee on HS2—Euston to West Midlands; natural habitats are a very big issue with the project. Will the Minister make sure that HS2 is completely open about its activities, to reassure people living near the line’s route? In particular, will it publish unredacted results of all tests carried out near and under the mid-Chilterns aquifer?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, I cannot unilaterally commit HS2 to doing so, but it should. I will convey that message back to colleagues in Government. HS2 is a nature-positive programme, which has been overlooked too much by some of its opponents. The amount of land being planted with trees, for instance, greatly exceeds the amount of land that will be damaged by the process, and HS2 would do well to tell its story more effectively than it has been doing.

[Baroness McIntosh of Pickering (Con)]

My Lords, even though we have left the European Union, can the Minister confirm that we will still be bound by the Council of Europe’s Berne convention, which was the base of the EU habitats, but that the Government will take a more sensible and pragmatic approach under that convention?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the Government are completely committed to ensuring that our environmental protections are not only maintained, but enhanced. We have said so at every opportunity. EU exit gives us the opportunity to improve our existing domestic and legacy EU laws to support those high environmental ambitions and, where appropriate, we should keep all those regulations under review, which we do.

[The Lord Speaker (Lord Fowler)]

My Lords, the time allowed for this Question has elapsed.