Animal Welfare and Wildlife Crime Offences

Lord Goldsmith of Richmond Park Excerpts

Tuesday 12th January 2021 Lords Chamber

[Baroness Hayman of Ullock]

To ask Her Majesty’s Government what plans they have to improve enforcement rates for (1) animal welfare, and (2) wildlife crime, offences.

[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 Government recognise the importance of tackling wildlife crime and animal cruelty. Since 2016, Defra and the Home Office have jointly committed £300,000 a year to funding the National Wildlife Crime Unit. We have also ensured that legislation contains the necessary powers for enforcement agencies to investigate any possible offences and bring offenders to justice. The enforcement of wildlife and animal welfare laws are operational matters for the police and local authorities.

[Baroness Hayman of Ullock (Lab) [V]]

The Animal Welfare (Sentencing) Bill is important legislation with cross-party support, but it appears to be stuck. Is there a date for Committee stage and, if not, why not? On breaking the Hunting Act, particularly in light of the Hunting Office webinars now being investigated, does the Minister accept that enforcement will remain difficult until action is taken to strengthen the law and stop trail hunting being used as a cover for illegal hunting?

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

The Government support increasing the maximum custodial sentence for animal cruelty offences from six months to five years. We have always been clear about that. It will enable courts to take a much firmer approach to cases such as dog fighting, abuse of puppies and kittens, gross neglect of farm animals and so on. The Animal Welfare (Sentencing) Bill, which the noble Baroness mentions, was introduced into the House of Commons by Chris Loder MP and completed Second Reading on 23 October. We are currently awaiting a date for Committee. The Government have been clear that we will continue to support it as it makes its way through Parliament. We are committed to ensuring that it becomes law.

The offences that the noble Baroness cited are already offences under the Hunting Act; they are already illegal, so the issue is one of enforcement. She is right to raise them, as some troubling exposés have been made available to us but, again, crimes have been committed and it is down to the authorities to ensure that those responsible face the full force of the law.

[Baroness Fookes (Con) [V]]

My Lords, what steps are the Government taking to encourage the enforcement of international law in relation to wild animals? Is the Minister aware that a species called the pangolin, fully protected in theory, is being hunted in great numbers, according to that excellent organisation, the Born Free Foundation?

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

In 2018, the UK hosted the biggest ever illegal wildlife trade conference, and 65 countries signed up to the London declaration, which committed them to accelerating efforts to stop this vile trade. We are expanding the UK’s Illegal Wildlife Trade Challenge Fund, which has committed over £26 million to 85 projects around the world since it was launched. That includes support for the Endangered Wildlife Trust’s novel system to detect the pangolins the noble Baroness mentions in shipping containers, by using African giant pouched rats at ports in Tanzania. The UK has supported greater protections for pangolins at the CITES Conference of the Parties, which now means that all international trade in pangolins, or their parts, is prohibited. We will continue to do all we can.

[Lord Winston (Lab) [V]]

My Lords, I declare an interest as a licence holder who is able to inject animals but not currently able to inject humans with the vaccine. The Covid pandemic has led to a substantial unmet need for more animal research, including on genetically modified mice. We all breathed a sigh of relief with the rapid development of vaccines, which would not have been possible without animal research. This virus affects many different organs, and there is still no substitute for animal models, which we scientists agree must be used ethically and as humanely as possible. Can the Minister reassure the House that he agrees that such research is essential for ensuring animal health and welfare, and the prevention of many human deaths?

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

Animal experimentation clearly has an enormously important role to play. It needs to be science-led, and there needs to be a clear understanding that the results of such research are applicable and useful in the context of human health and medicine. Broadly speaking, the Government’s view is that animal experimentation should be minimised to that absolutely necessary in pursuit of human health.

[Baroness Parminter (LD) [V]]

Does the Home Office plan to make wildlife crime a recordable offence, so that proper statistics can be collected, as what is measured shows what matters?

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

Recordable offences are set outside Defra, although Defra has been working with, for example, the Raptor Persecution Priority Delivery Group, led by police forces across England and Wales. Our view is that strong penalties are already in place for offences committed against birds of prey and other wildlife, with significant sanctions available to the courts to hand down to those convicted. Most wildlife crimes carry the risk of an unlimited fine and/or a six-month custodial sentence. However, senior government and enforcement officers have identified raptor persecution as a national wildlife crime priority, which means that greater resources will be devoted to clamping down on what we believe has been an increasing crime during the Covid period.

[Lord Morris of Aberavon (Lab) [V]]

My Lords, in supporting my noble friend Lady Hayman of Ullock’s concern to improve enforcement rates, may I say that, as a young man, I occasionally prosecuted gamekeepers and poachers, on behalf of the RSPB, for wildlife crime offences? Will the Attorney-General review the boundaries between private prosecutions and CPS prosecutions to ensure that wrongdoing does not fall between the cracks?

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

The noble Lord makes an important point and I will convey it to the Attorney-General, on whose behalf I am afraid I am not able to speak. There are now over 500 wildlife crime officers, covering most police forces in England and Wales, and they are specially trained to conduct and support investigations into wildlife crimes. Defra has been supporting work led by the National Police Chiefs’ Council and the Home Office to explore widening the range of notifiable wildlife offences in respect of this question and the previous one. The benefit of doing so is that there is a national standard for the recording and counting of these offences by police forces in England and Wales.

[Lord Framlingham (Con) [V]]

My Lords, one of the many good things to come out of Brexit is our ability to stop the export of live animals for slaughter. I do not expect this practice to have been stopped already, but I trust that it will be as soon as possible. I would be grateful if the Minister could tell us what progress has been made to date and when we can expect to see a total ban in place.

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

This was a manifesto commitment and we have taken a key step in delivering it by launching, just a few weeks ago, a consultation on ending live animal exports for slaughtering and fattening, as well as further improvements to animal welfare in transport. That consultation closes on 28 January. The Secretary of State has made clear that we want to end live animal exports for slaughtering and fattening by the end of this year. We are currently considering the best legislative vehicles through which to deliver that.

[Baroness Hoey (Non-Afl) [V]]

My Lords, I very much welcome the decision to have the consultation on the banning of live exports of animals, but I understand that this will not apply to Northern Ireland. Will the Minister do all that he can, as someone who genuinely cares about animal welfare, to get the protocol changed to allow this much-needed consultation to happen in Northern Ireland as well? Or do the Government think that animals in Northern Ireland do not deserve the same welfare treatment as animals in the rest of the United Kingdom?

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

The noble Baroness makes an important point. As she says, Northern Ireland will continue to follow EU legislation on animal welfare and transport for as long as the Northern Ireland protocol is in place. But I very much take her point and I will convey it to colleagues in government.

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

My Lords, during the pandemic, more people are buying puppies, many of which are not bred according to our strict animal welfare standards, but are imported illegally, and separated from their mothers too early. As the price of a puppy has risen exponentially, with well over £3,000 being quoted, people are also finding that their beloved pet dogs are being stolen to order. Can the Minister say what the Government are doing to enforce the law on the sale of puppies and to discourage dog theft?

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

The Government introduced a ban on the commercial third-party sale of puppies and kittens in England, and ahead of that we launched a big national communications campaign strategy called Petfished, which was designed to help people make more informed choices when sourcing a new pet. These are important steps, taken to disrupt the low-welfare trade that supports unscrupulous puppy farming and to tackle the illegal supply of pets. There are already laws in place in relation to pet theft, and it is the view of the Government that the maximum penalties available are sufficient. However, I know that colleagues in government are looking at what changes could be made to sentencing guidelines to reflect the fact that a puppy being stolen is not the same as an inanimate object being stolen. I hope that progress will be made shortly.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

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

Repair and Reuse Programmes

Lord Goldsmith of Richmond Park Excerpts

Monday 14th December 2020 Lords Chamber

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government what assessment they have made of the operation of repair and reuse programmes in (1) Scotland, and (2) Wales; and what steps they have taken to introduce similar such programmes in England.

[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, our resources and waste strategy for England outlines actions on reuse and repair. It will be supplemented by a new waste prevention programme to be published for consultation early next year. My department liaises regularly with the devolved Administrations on resources and waste policy. For example, in our landmark Environment Bill we are seeking powers related to making products easier to reuse, repair and recycle, which will be available to all four nations.

[Lord Harries of Pentregarth (CB) [V]]

As the Minister is aware, Scotland is very committed in this sphere. Something like 88,000 tonnes of material have gone to repair and reuse. It is good for employment as 6,000 people are employed, and it is good for the economy in Scotland, with something like £244 million going into it. I am not convinced that England is assigning it the same priority as Scotland and Wales. Would the Government be willing to commission a feasibility study to see what might be possible by way of repair and reuse in England?

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

I disagree with the noble and right reverend Lord’s suggestion that the Government are not taking this issue as seriously as they should. We have made huge progress in the last few months alone. The time I have does not allow me to list all that progress but, in addition to the environmental benefits of repair and reuse, it is worth adding that reusing and repairing also saves people money, with the reuse sector estimated to have saved low-income households over £468 million in 2019. Growing the reuse and repair sector can support the revival of high streets and the levelling up of our towns and cities by providing high-quality jobs across the country. It is a priority for this Government.

[Lord Reid of Cardowan (Lab)]

My Lords, I thank the Minister, but it is now more than a decade since Scotland first introduced the Zero Waste Plan. There are reuse programmes in England, often run by local partnerships, including councils. However, at least up to this point, their size and scope varies and, crucially, they are not adequately supported by the Government. Are the Government reviewing the Scottish experience and, if so, what lessons does the Minister believe have been learned from it?

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

My Lords, we work very closely with all the devolved Administrations and are permanently looking for ways to improve our approach to tackling waste issues. I point the noble Lord to the Environment Bill, which will shortly be coming to this House. It includes clauses that will enable us to introduce secondary legislation on product design; for example, to support durable, repairable, recyclable products. It will also enable us to introduce extended producer-responsibility schemes for a whole range of products, which will also encourage manufacturers to ensure that the products they make are designed to be recycled, reused or repaired.

[Baroness Parminter (LD) [V]]

My Lords, the European Union has committed to establishing a right to repair, guaranteeing consumers the availability of spare parts or access to repair. Will the Government’s long-delayed consultation on the waste prevention programme offer English consumers the same?

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

The new waste prevention programme has been delayed. I simply point to the pandemic, which has delayed much of our progress on this and many other issues; in addition, the date that the waste prevention programme was due for release coincided with the last general election and purdah rules. However, we have developed a new draft waste prevention programme for consultation. It will include a range of measures, including to encourage more reuse and repair. It is due to be launched in the next few months and will reflect a very serious ambition on the part of the Government to move towards a zero-waste or circular economy.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, the older generation have always repaired and reused. It is good that the younger generation—including my grandchildren, who are now mostly in their 20s—are very keen to repair and reuse as part of their commitment to the environment. The BBC has taught many people how to do things for themselves and make things, sometimes from things that are being reused. Can the Minister assure me that the Government will encourage these activities?

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

I can certainly give that commitment on behalf of the Government. We are absolutely committed to providing whatever support is necessary to shift gear—to move towards a situation where we no longer live in a throwaway economy and products are designed to be reused, recycled or repaired. There is a whole range of areas where this needs to happen, whether it is microplastic or plastic pollution, single-use coffee cups, construction waste, food waste, fast fashion, or so many other areas besides, each of which is getting the attention that it merits in my department. As I said earlier, our legislative approach to tackling this issue will reflect a very serious ambition to move towards a zero-waste economy.

[Lord Singh of Wimbledon (CB) [V]]

My Lords, the repair and reuse initiatives in Scotland and Wales are welcome but we are way behind countries such as India, where repair and reuse make an important contribution to the economy. Will the Minister consider adapting Scotland’s Revolve hubs and introduce other initiatives, such as reducing VAT on products made from recycled materials, in moving us to more responsible living?

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

One of the prime focuses of the waste strategy—as well as the Environment Bill, which will be coming forward shortly—is to move to a situation where we are not using materials that are not recyclable. We will be using a whole range of tools to achieve that. For example, we are introducing a landmark tax—I think it is a world first—on packaging that does not have at least 30% recycled content. We are introducing extended producer responsibility across a whole range of products which, given that they would have to take on the full cost of disposal, will strongly incentivise producers and manufacturers not to use materials that cannot be recycled. That principle applies right the way through our approach to tackling waste. Waste is increasingly becoming a direct financial liability; as a consequence, manufacturers will be more thoughtful with regard to what they produce and how they produce it.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I want to return the Minister to the right to repair. What action do the Government propose to take in the Environment Bill against companies that deliberately design goods that cannot be repaired even when those repair facilities ought to be available? What specific proposals does the Minister have on that matter?

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

That is exactly the focus of the work that we are doing. The purpose of the Environment Bill and the overall waste strategy is precisely to tackle “built-in obsolescence”—the problem that products are designed and sold with the view that they can only be thrown away and end up in landfill. As I said, no single policy lever can deliver the change that we need, and a whole ecosystem of changes is reflected in the Environment Bill and in our broader waste strategy. Combined, these will have the effect that the noble Baroness is seeking.

[Baroness Scott of Needham Market (LD) [V]]

Is the noble Lord aware of the amazing work being done by social enterprises in this field? They are not just making a huge contribution to the environment but providing jobs, often to people in very challenged circumstances. Are the Government doing anything to see how that sector can be helped to grow and develop?

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

That is a very important point. There are examples further afield, for example in Austria, where government subsidises the creation of repair centres, which are specifically designed to employ people defined as difficult to employ; that is something we are looking at. There are so many benefits of shifting towards a reuse, repair, recycle model—with regard not just to the environment or lessening our global environmental footprint but to the economy and job opportunities, often for people who struggle otherwise to secure employment.

[Lord Wigley (PC) [V]]

My Lords, as one who has until recently, given Covid, spent a large proportion of my time split between London and Wales, the difference in the recycling level at home in Wales as compared to London has been very dramatically brought home to me. Clearly, lessons can be learned in comparing how such operations are undertaken in different places. Given that 20 years has gone by since devolution was set up, might there be a case for a systematic approach to considering the best lessons that can be learned from the devolved regimes to apply in England, and indeed vice versa?

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

That is absolutely right—there is much that can be learned and much information, advice and ideas that can be exchanged between the various nations. The Welsh Government are often credited with having funded reuse and repair, and rightly so, but we have done this as well. In May last year, the WRAP-administered Resource Action Fund received £18 million from the Government. It was launched to support resource efficiency projects with the goal of diverting, reducing and better managing waste. We will set up further measures to support reuse and repair in the forthcoming waste prevention programme. As I said, our ambition is very high in this regard, as it is in other parts of the United Kingdom.

[The Lord Speaker (Lord Fowler)]

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

Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020

Lord Goldsmith of Richmond Park Excerpts

Monday 14th December 2020 Lords Chamber

Moved by

[Baroness Penn]

That the draft Regulations laid before the House on 13, 14, 19 and 20 October be approved.

Relevant document: 32nd Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the first instrument). Considered in Grand Committee on 9 December.

Motions agreed.

Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020

Lord Goldsmith of Richmond Park Excerpts

Wednesday 9th December 2020 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

That the Grand Committee do consider the Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020.

Relevant document: 32nd Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[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, there are three instruments in this group before the Committee today. Two are concerned with the regulation of chemicals and chemical products, and the third concerns the regulation of fluorinated gases and ozone-depleting substances. A common thread is that each one contains provisions necessary to implement the protocol on Ireland and Northern Ireland.

We have worked with the devolved Administrations on all three instruments and they have given consent. I confirm that all three instruments will be able to function with or without a deal with the European Union. I also confirm that all three instruments have been considered by the JCSI and that no issues have been drawn to the attention of the House.

The first instrument that I will cover is the Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020. The EU’s ODS regulation and F-gas regulation implement the Montreal protocol by controlling and reducing the use of ODS and HFCs, which are the main types of F-gas. Registration, licensing of production, imports and exports and quota limits underpin these controls.

The instrument will enable the UK to meet the requirements of the Northern Ireland protocol regarding restricting the use of ozone-depleting substances and fluorinated greenhouse gases, which I will refer to as ODS and F-gases from hereon. This will be done by making changes to existing EU exit legislation. The instrument also amends dates to prevent errors of law.

The Northern Ireland protocol requires that the EU F-gas and ODS regulations remain applicable to and in Northern Ireland. Northern Ireland will remain part of the EU’s systems. This means establishing quota systems for Great Britain that are separate from the EU systems. Producers or importers will require GB quota to place on the GB market, with businesses selling into Northern Ireland needing EU quota.

This instrument also introduces provisions to control the movement of F-gases and ODS between Great Britain and Northern Ireland. This movement will be deemed as imports or exports. Controlling such movement is vital to maintain the integrity of the GB F-gas and ODS systems, meet the Northern Ireland protocol requirements, and ensure UK compliance with its Montreal protocol obligations.

The instrument meets two key principles: first, to continue our contribution to UK climate ambition through complying with our Montreal protocol obligations; and, secondly, to impose the most light-touch measures that we can on the movement of goods between Northern Ireland and Great Britain while adhering to the Northern Ireland protocol and meeting our international obligations.

The previous SI, the Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019, as amended by this instrument, will transfer powers and functions previously held by European institutions to appropriate bodies in England, Scotland and Wales. The Scottish and Welsh devolved Administrations will have the competence to establish their own ODS and F-gas systems if they choose to do so in the future. They have also agreed in principle to the operation of GB-wide ODS and F-gas systems. The Secondary Legislation Scrutiny Committee highlighted this instrument given its impact on movement of goods between Northern Ireland and Great Britain.

I now move on to the Control of Mercury (Amendment) (EU Exit) Regulations 2020. This instrument makes amendments to the retained EU law to ensure that legislation which manages the control of mercury is operable at the end of the transition period. In addition, it reflects the requirements of the Northern Ireland protocol. This instrument revokes and replaces the Control of Mercury (Amendment) (EU Exit) Regulations 2019, as well as Regulation 8 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019. These provisions are now included in this instrument. Revoking the two SIs made in 2019 and remaking the provisions contained in those SIs in this instrument ensures that we do not have more than one set of amending legislation.

This instrument also amends the Control of Mercury (Enforcement) Regulations 2017. In addition, we will be introducing new procedural requirements for the transport of elemental mercury between GB and Northern Ireland and introducing a prohibition on the transport of specified products containing mercury between GB and Northern Ireland. There are currently no controls on the movement of these specified products containing mercury or elemental mercury between EU member states. These new requirements should prevent the uncontrolled flow of elemental mercury and the specified products containing mercury from the EU into Great Britain via Northern Ireland.

This instrument provides for the exercise, by the appropriate GB Minister, of a number of legislative functions currently carried out by the European Commission. These legislative functions were previously included in Regulation 8 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019. That instrument was debated in the House of Lords and House of Commons on 12 and 14 February 2019 respectively and agreed by both Committees.

Following the UK’s withdrawal from the EU, the retained EU legislation, as amended by this instrument, will continue to implement the UK’s obligations as a party to the Minamata convention and provide a regulatory framework for the management of mercury. Northern Ireland will continue to apply EU regulation 2017/852 to manage mercury in the environment.

This SI meets the Government’s commitment to the Northern Ireland protocol and ensures continued levels of protection for human health and the environment, as well as providing stability and continuity for business.

I turn to the third and final instrument, the Detergents (Amendment) (EU Exit) Regulations 2020, whose primary aim is to ensure that the UK meets its obligations under the Northern Ireland protocol in respect of Regulation (EC) No. 648/2004 on detergents—the EU detergents regulation. This has been done by amending the existing EU exit regulations on detergents, which are already in place.

I will highlight the key amendments that this instrument makes to the existing EU exit regulations. Noble Lords will not be surprised to learn that they are merely technical in nature. This instrument makes special provision for detergents in Northern Ireland in respect of qualifying Northern Ireland goods, creating a category of protected imports from Northern Ireland and enabling them unfettered access to the Great Britain market, while maintaining standards of protection for the environment and human health. The technical changes made by this instrument will give effect to the Northern Ireland protocol by ensuring that the EU detergents regulation, as it has effect in EU law, continues to apply in Northern Ireland, and that the amendments to the retained version of the EU detergents regulation extend to Great Britain only.

Trade from Northern Ireland to the rest of the UK should continue to take place as it does now—that is, there will be unfettered access, as provided for by the protocol. Therefore, at the end of the transition period, businesses in Northern Ireland may continue to place their goods in any part of the UK internal market without new restrictions.

In addition to these changes made to the existing EU exit regulations on detergents, this instrument amends the Detergents Regulations 2010—the domestic enforcement regulations on detergents—ensuring that the Northern Ireland enforcement authorities can continue to enforce the EU detergents regulation as it has effect in EU law, while the retained version of the EU detergents regulation can continue to be enforced in Great Britain. The changes made to the 2010 regulations will also have the effect of ensuring that the competent authority functions, currently exercised by the Secretary of State under the EU detergents regulation, will be exercised by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

The Secondary Legislation Scrutiny Committee has considered and cleared this SI from scrutiny without comment. I assure Members of the Committee that the overarching aim of this instrument is to provide continuity for detergent businesses, to ensure that, following the end of the transition period, the high standards of human health and environmental safety will continue across the UK, and to reflect the obligations under the Northern Ireland protocol. I beg to move.

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[Lord Goldsmith of Richmond Park (Con)]

My Lords, as I said at the start of the debate, these instruments are necessary to make sure that the Northern Ireland protocol is implemented properly. They correct operability deficiencies necessary for the implementation of the protocol. They also respond to the Government’s commitment to unfettered access for Northern Ireland goods and help to make sure that we are fully prepared for the end of the transition period on 31 December. These instruments will also ensure that the UK continues to meet its international obligations for mercury as a party to the Minamata convention, and for fluorinated gases and ozone-depleting substances under the Montreal protocol. They will also ensure that we continue to maintain the high standards of biodegradability for detergents and surfactants. The contents of all three are low key and technical, but they are all essential to fulfil our obligations under the Northern Ireland protocol and they all contribute in their own way to the effective functioning of the internal UK market, and to the Government’s continued commitment to environmental protection.

I thank noble Lords for their contributions and questions. I will endeavour to answer as many of them as I can, starting with the noble Lord, Lord Oates. With his permission, I will not engage on the issue of the UK internal market Bill, as it is slightly off-topic, but I heard his comments and very much note them.

The noble Lord made a number of interesting and useful points. Broadly, on our intentions in relation to the Government’s application and maintenance of high standards in future, we have been clear that we will maintain the existing regulation of mercury and will continue to fulfil the UK’s commitments under the Minamata convention. This is an answer to a number of contributions: we will not look to diverge for the sake of it. In relation to detergents, the decisions we make will reflect what is best for the UK and the environment. In future, there may be some divergence over time between the GB and EU regimes, but that will be based on what is in our interest and on independent decision-making, and in the context of wanting to maintain the highest possible standards. Having the freedom to make our own decisions based on the science that we have and tailored to the needs of our businesses categorically does not mean reducing standards in any meaningful sense at all, as we have made clear.

In relation to our global obligations, the UK in its entirety is obliged to comply with the obligations set out under the UN Montreal protocol. Those obligations relate primarily to consumption controls. From 1 January, compliance will be achieved by controlling consumption within Great Britain through licensing and quotas, and by maintaining oversight of consumption in Northern Ireland, which will be controlled through the EU F-gas and ODS regulation. The UK will report to the UN Ozone Secretariat on UK annual consumption.

The noble Lord asked about the border and how movements and transactions will be monitored and how enforcement will take place. As he would expect, there will be close co-operation between the UK, Scottish and Welsh Governments in the operation of the GB system, and continuous dialogue of course with Northern Ireland. Officials of the Administrations, including Northern Ireland for UK-level matters, are working on the UK common framework for F-gas and ODS, which will set out the arrangements for co-operation, including the governance arrangements, decision-making and dispute resolution procedures.

In no particular order, because I have managed to write the questions down in no particular order, I will address some of the important points raised by the noble Baroness, Lady Jones. She raises the issue of the toxicity of mercury, and mentioned a story that I do not think I have read about children in Ghana. There are many such examples, and the problem is not limited to Ghana. Illegal mining takes place throughout parts of the Amazon, particularly Colombia, where the effects on the water systems and the health of people, including young children, are abhorrent. It is a really toxic, destructive and dangerous substance. She rightly said that the EU had taken the issue of mercury seriously, and the UK has absolutely been part of that; indeed, the UK has been a leading voice in maintaining standards at the appropriate level. We will remain strongly committed to the effective and safe management of chemicals to protect both the environment and the public, and that will not change after the transition period. We will continue to implement decisions made internationally under the Minamata convention, on which this legislation is based.

The noble Baroness asked when the UK will eliminate mercury usage entirely. Use of mercury in dental amalgam is an issue that often comes up; that will continue to be the main use of mercury in the UK. I am told that the UK Chief Dental Officers are considering how to reduce the use of dental amalgam, as laid out in the national plan to phase down the use of dental amalgam, published in June last year. I admit that this is not an area that I have followed closely in terms of their plans for the future but, like her, I hope that they take a very enthusiastic and bullish approach to minimising, and eventually eliminating, exposure to mercury.

The noble Baroness asked what the Government are doing internationally to end the use of mercury. The UK is a party in its own right to the Minamata convention and will continue to uphold and fulfil our obligations under it, which includes reducing man-made emissions to the environment. Existing legislation has driven down the use of mercury significantly. We have seen emissions of mercury to air decline by 90% in the last 30 years. A commitment to further reduce land-based emissions of mercury to air and water by 50% by 2030 is set out in the Government’s 25-year environment plan, to which we are very much committed.

The last point the noble Baroness raised was on mercury-polluted sites and what we can do to clear them up. I point out that, technically, it is the responsibility of the local authorities to identify and prioritise contaminated land remediation where there is an unacceptable risk to health and the environment as under Part 2 of the Environmental Protection Act, but Part 2 also outlines the “polluter pays” principle regarding contaminated land remediation. This is very much a central theme in the Environment Bill, which will shortly come to the House. Applied rigorously and properly, and robustly enforced, the “polluter pays” principle would create a strong lever to prevent those responsible for mercury releases from doing so. The only way to ensure that in future we will see less of this kind of pollution will be through turning that pollution into a very serious financial liability. That is what the “polluter pays” principle does, and for as long as I am Minister, I want to enforce and press it very firmly.

I turn to the points raised by the noble Baroness, Lady Hayman. I thank her for her time earlier, when we chatted through some of these issues and she raised some of her concerns. I will have to whizz through this, but I will try to get through it.

This SI amends the previous EU SI, but the noble Baroness asked whether there are any surplus elements—is it amended, revoked or revised? The previous exit SI will remain in place, but it is amended by this SI to implement the protocol on Northern Ireland/Ireland. The SI also amends dates in the previous EU SI that fell before the end of the implementation period to prevent errors of law. The noble Baroness asked whether the transferral was like for like or whether there are any changes in relation to paragraph 2.8. The transfer of functions is, as she asks, like for like, or at least it is as like for like as is feasibly possible. There will be some changes to account for differences in the UK and EU processes—for example, EU references to “implementing acts” have been replaced with references to “regulations”—but it is effectively like for like.

The noble Baroness asked whether the devolved Administrations are likely to set up their own systems. The Scottish and Welsh Governments have agreed in principle to GB-wide systems administered by the Environment Agency. This will involve devolved Ministers consenting to various functions being administered on their behalf by the Secretary of State and directing the Environment Agency to administer certain regulatory functions. At this stage, the DAs have not expressed any plans to establish and operate their own systems, but they will have the power to do so, if they so choose.

The noble Baroness referenced paragraphs 10.1 and 11.1 on technical guidance and asked when it will be published, or indeed if it has. It was published on 15 October and was shared with stakeholders, and it can be found on the government website.

In reference to paragraph 14.1, the noble Baroness asked how long the process will take and when it is likely to start. We plan to formally launch the review process early in 2021 and we envisage that it could take between 12 and 18 months. However, in any case, we have to publish a report following the review no later than by the end of 2022.

I am out of time—my apologies. I will write to the noble Baroness with answers to the remaining questions.

Motion agreed.

Control of Mercury (Amendment) (EU Exit) Regulations 2020

Lord Goldsmith of Richmond Park Excerpts

Wednesday 9th December 2020 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

That the Grand Committee do consider the Control of Mercury (Amendment) (EU Exit) Regulations 2020.

Motion agreed.

Detergents (Amendment) (EU Exit) Regulations 2020

Lord Goldsmith of Richmond Park Excerpts

Wednesday 9th December 2020 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

That the Grand Committee do consider the Detergents (Amendment) (EU Exit) Regulations 2020.

Motion agreed.

Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020

Lord Goldsmith of Richmond Park Excerpts

Wednesday 9th December 2020 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

That the Grand Committee do consider the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020.

Relevant document: 32nd Report from the Secondary Legislation Scrutiny 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)]

My Lords, the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 and the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 make small but important changes to ensure that our existing domestic legislation reflects that the UK is no longer part of the EU. Both instruments take power back from the European Commission, which will allow the UK to maintain its high environmental standards. The instruments require the Government to carry out a public consultation before using these powers.

I will take each instrument in turn. The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 cover two different subject areas: first, regulation of hazardous substances in electrical and electronic equipment, or EEE; and, secondly, regulation of essential requirements for packaging—that is, the requirements producers need to fulfil if they place packaging on the market, such as manufacturing and composition requirements.

Hazardous substances in EEE are regulated by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012—the so-called RoHS regulations, which implement an EU directive, the RoHS directive. This instrument transfers to the Secretary of State powers currently held by the European Commission under the RoHS directive. After the end of the transition period, these powers will allow the Secretary of State to grant, renew or revoke exemptions to the restriction of hazardous substances in electrical and electronic equipment as specified in the RoHS regulations. Exemptions allow the use of restricted hazardous substances above threshold limits for specific uses, such as solders in medical equipment. The Secretary of State will also be allowed to amend the list of restricted substances and maximum concentration values, and to prescribe detailed rules for complying with maximum concentration values.

These powers will apply in England, Wales and Scotland, but not in Northern Ireland. This is because the RoHS directive will continue to apply in Northern Ireland after the end of the transition period due to the Northern Ireland protocol. These changes are vital, as the instrument will allow the Secretary of State to make important decisions on RoHS.

The instrument also amends the RoHS regulations and the Packaging (Essential Requirements) Regulations 2015. It amends both those regulations separately for Great Britain and for Northern Ireland.

The amendments to the RoHS regulations for Great Britain introduce key measures to ensure a smooth end to the transition period for businesses placing manufactured goods on the GB market. These include transitional provisions for importer labelling to provide a 24-month period in which importer details can be provided on accompanying documentation, and a similar transitional provision for the application of the new UK marking, which will replace the European Union’s CE marking. This will provide businesses with more time before undertaking relabelling.

The instrument also ensures that, except for qualifying Northern Ireland goods, the automatic recognition in Great Britain of EEE meeting EU requirements will expire 12 months after the end of the transition period. It amends both the RoHS regulations and the Packaging (Essential Requirements) Regulations to make provision for access for “qualifying Northern Ireland goods” to the GB market.

Finally, the instrument amends the RoHS regulations and the Packaging (Essential Requirements) Regulations separately for Northern Ireland. The amendments applying in Northern Ireland are more limited. They are to reflect that the RoHS directive and the packaging directive will continue to apply in Northern Ireland, though not the rest of the United Kingdom, by virtue of the Northern Ireland protocol. They will allow the UK to meet its obligations under the Northern Ireland protocol relating to packaging and RoHS.

We have ensured that the changes for Northern Ireland are as minimal as possible, while also allowing the UK to fulfil its obligations under the Northern Ireland protocol. However, there are some unavoidable costs for businesses as a result of the amendments to the RoHS regulations, including familiarisation and new labelling costs.

No impact assessment was prepared for the instrument as any costs to, or benefits for, businesses, charities and voluntary bodies were predicted to fall below £5 million in one year.

This instrument is reserved as it covers specific technical standards and requirements on all businesses in relation to products, which is a reserved matter under all three devolution settlements.

I turn to the second instrument, the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020. This instrument includes a mixture of devolved and reserved content. We have worked with the devolved Administrations on this instrument and it has received consent from Scottish and Welsh Ministers, but DAERA Ministers have decided not to provide consent on this SI. However, given that time to make this SI is now short and the overriding need to provide certainty for businesses at the end of the transition period and to discharge our protocol obligations, we are proceeding with debating this SI without consent. We will continue to work closely with the Northern Ireland Executive in the coming days to resolve outstanding concerns in advance of making this SI.

This is a technical instrument that makes small but important changes to existing legislation so that it refers to the latest versions of the EU directives and domestic regulations as amended by the EU circular economy package. These are small changes but they will ensure that legislation relating to waste and environmental permitting can be properly enforced by the Environment Agency and its devolved counterparts.

The instrument also makes some small technical amendments to provisions of earlier EU exit SIs that amend domestic legislation relating to batteries, and it changes the extent of amendments in an earlier EU exit SI to the restriction of the use of certain hazardous substances regulations and the Packaging (Essential Requirements) Regulations so that they do not extend to Northern Ireland. These changes are needed to reflect that the directives that those regulations implement will continue to apply in Northern Ireland but not in Great Britain, as a virtue of the Northern Ireland protocol.

In practice, we have kept the GB and NI requirements exactly the same for batteries on the ground that there will be no changes to how batteries are collected, treated and recycled. The requirements for batteries reaching market in the first place will also remain exactly the same. This instrument simply ensures that the correct references are in place depending on whether the legislation applies in GB or Northern Ireland.

The SI also transfers the European Commission’s powers related to Article 7(1) of the waste framework directive. This power is being transferred to the Secretary of State and the devolved Administrations. This power will allow the Secretary of State and the devolved Administrations to establish their own lists of waste or to amend the existing list of waste as it becomes part of retained EU law after the end of the transition period. The list of waste gives identifying codes to different categories of waste, which are used by waste management businesses, and specifies which categories of waste are to be treated as hazardous waste. The Secretary of State will need the consent of the devolved Administrations to make amendments to the list of waste on their behalf.

The schedule to this instrument revokes some recent EU decisions or regulations. These revocations are either to tidy up our statute book or because we should no longer be bound to those decisions after the transition period ends—for example, because they specify formats for reporting data to the European Commission, which the United Kingdom will cease to do at the end of the transition period. I beg to move.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords who have contributed to the debate. As we look forward to the transition period ending, it is essential that our legislation reflects this new future. I will do my best in the time allowed to address the questions put to me. I will do so in no particular order.

The noble Lord, Lord Mann, raised the important issue of legacy or cross-over issues. He wanted reassurance that no issues can arise where prosecutions have been ongoing regarding orphan sites. I reassure him that nothing in the SI will lead to investigations or prosecutions related to orphaned waste sites, or any other type of waste crime, being paused, discontinued or otherwise disrupted. I hope that answers his question. I am happy to continue that discussion afterwards if it does not.

The noble Baroness, Lady Bakewell, raised a number of issues relating to the influx of old cars that will need to be dealt with following the new rules coming into play in 2030. On end-of-life vehicles, regulations already exist that place the financial cost of proper disposal in the hands of manufacturers. Currently, more than 90% of an average vehicle by weight is recovered or recycled. However, we plan to review the existing requirements, and in doing so will take into account the impact of the move to electric vehicles.

The noble Baroness also talked about the Waste Electrical and Electronic Equipment Regulations. We are reviewing those regulations with a view to driving up reuse and recycling, and to encourage better ecodesign to ensure that manufacturers and retailers, including online marketplaces and distance sellers, take full responsibility for the waste that they generate. That is a theme that runs through the Environment Bill: putting the onus, wherever possible, on producers not consumers.

I will briefly address some issues raised by the noble Baroness, Lady Bennett of Manor Castle. She referenced in particular the concerns raised by ClientEarth. I will say absolutely confidently and clearly on the record that the Government will not seek to lessen or weaken the protection of the environment through any future amendments to the RoHS regulations. Incidentally, if there were any changes, they would be subject to public consultation. When exercising powers under Regulation 5 of the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, the Secretary of State is bound by Regulation 8(1) to undertake a consultation before making regulations.

The noble Baroness mentioned the importance of the new OEP, which will come to life following the successful passage, one hopes, of the Environment Bill. She is absolutely right that the OEP has an extraordinarily important job to do. It needs to retain its independence, to be free from ministerial interference and to be sufficiently resourced. That is very much my view and that of the Government.

I scribbled down “producer responsibility”, but I think that I have already covered that. I will make the general point that that is probably the single most effective way we have to minimise waste generally, both in electrical goods and outside of them.

The noble Baroness also asked about maintaining current standards to protect consumer health, but also to protect the environment. The Government remain completely committed to ensuring that the level of protection afforded to consumers against unsafe or non-compliant goods is not in any way diminished now that the UK has left the European Union. Through our own regulatory regime, we will continue to seek to ensure that products are safe for consumers, compliant with Great Britain and Northern Ireland rules, and environmentally sustainable, with the smallest possible impact.

The noble Baroness, Lady Hayman, raised a number of issues, and I thank her for calling me earlier to discuss some of them. Incidentally, I am grateful to her for her support. She cited paragraph 12.1 of the Explanatory Memorandum, where, she says, she has spotted a contradiction as to whether this will have an impact on business. To be clear, the withdrawal agreement Bill set out an impact assessment on the provisions governing the UK’s exit from the EU, including the terms of the Northern Ireland protocol. This SI is the detailed implementation of that policy, which has already been assessed by that impact assessment. Therefore, no new burdens need to be assessed in that regard.

The noble Baroness asked how the SI will be enforced for restricted substances and how we are making sure that any changes to the list of restricted substances are properly scrutinised. The SI will be enforced by the Office for Product Safety and Standards on behalf of the Secretary of State. Any changes to the list of restrictions will be subject to a public consultation. The noble Baroness asked whether I will commit, on behalf of the Secretary of State, to a public consultation before making any changes to the list of restricted substances. The Government will not seek to lessen or weaken the protection of the environment through any future amendments to the RoHS regulations. However, any changes would absolutely be subject to consultation —that would happen.

The noble Baroness asked about a number of other issues. She asked what transitional measures we are putting in place. New regulatory regimes will be ready to come into force immediately after the end of the transition period. However, under exceptional circumstances as a result of the Covid-19 pandemic, we are now giving businesses more time to get ready to operate new UK rules, including a 24-month transition period for the application of the new UK marking, which will replace the European Union’s CE marking. During this period, importer details can be provided on accompanying documentation.

A number of noble Lords have raised the issue of supporting business through this process. As well as providing certainty for businesses about requirements, this SI provides transitional measures to help minimise the costs arising from uncertainty and to give businesses additional time, as I mentioned earlier. Additionally, this SI will ensure unfettered access for Northern Ireland to the rest of the UK, which means no new regulatory checks, customs checks or additional approvals for Northern Ireland businesses to place qualifying goods on the GB market.

The noble Baroness asked me to clarify—I hope I am getting the right Peer—how the EU circular economy package is relevant to this SI and what practical changes it involves and so on. We have had to amend our previous EU exit SIs from 2019 as the underlying EU and domestic legislation to which they related has since been amended by the EU circular economy package. In order to become up to date, we have had to revisit some of those SIs. That means that the technical references in the previous SIs are no longer relevant and no longer work. This SI rectifies that problem, as other SIs have, and ensures that our legislation will be fully operable at the end of the transition period. I was going to give examples of that, but in the interests of time, I shall move on.

The noble Lord, Lord Bhatia, talked about the importance of safeguarding environmental and health standards and the importance of minimising waste generally. I think I have covered most of those issues in previous answers, and I hope he is satisfied by that. If not, again, I am very happy to continue that discussion after this debate.

My noble friend Lady McIntosh asked a number of questions about the consultation. She asked whether any consultation would be published in full. She mentioned the EAC inquiry, and I can tell her that we will be responding in full to the EAC. I am afraid that I do not have a date, but I am assured that it will be early next year. She also spoke of the concerns raised by ClientEarth. Just to reiterate, Regulation 8(1) requires the Secretary of State to carry out consultation before making the kinds of changes that have been cited by ClientEarth as areas of concern. I hope that reassures my noble friend.

My noble friend also asked what kind of consultation had been carried out and with whom. Industry and local authorities were not consulted during the development of both SIs because of sensitivities surrounding the protocol. However, discussions were held with the Department of Agriculture, Environment and Rural Affairs, the Northern Ireland Environment Agency, the Scottish Government, the Scottish Environment Protection Agency, the Welsh Government, Natural Resources Wales, the Environment Agency and the Office for Product Safety and Standards. Those discussions led to the approach implemented in this SI. The changes to the RoHS regulations implemented by these SIs are consistent with the Government’s approach to implementing the Northern Ireland protocol.

I am seconds away from being out of time and I am pretty sure that I have not answered all questions. My noble friend asked in what circumstances would objectives be changed—the implication being, in what circumstances would we be willing to lower environmental health standards? The answer is that we are not willing to compromise on environmental health. That is a rule and a principle to which we are absolutely committed.

I hope that I have covered most of the questions. To conclude, I trust that noble Lords understand and accept the need for these instruments—I think that is the message that we have received. They make small but important changes to existing legislation and make amendments to the legislation relating to RoHS, packaging and batteries so that the UK complies with the Northern Ireland protocol. We have tried to minimise the impact of this on business where possible. Once again, I thank noble Lords for their contributions and support today.

Motion agreed.

Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020

Lord Goldsmith of Richmond Park Excerpts

Wednesday 9th December 2020 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

That the Grand Committee do consider the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020.

Motion agreed.

REACH etc. (Amendment etc.) (EU Exit) Regulations 2020

Lord Goldsmith of Richmond Park Excerpts

Tuesday 8th December 2020 Lords Chamber

Moved by

[Lord Goldsmith of Richmond Park]

That the draft Regulations laid before the House on 19 October be approved.

Relevant document: 34th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[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 regulations have three main purposes: they fulfil the UK’s obligation to effectively implement the Northern Ireland protocol with regard to REACH; they provide for access by Northern Irish goods to the Great Britain market; and they amend the existing transitional deadlines for GB businesses to submit information about their chemicals and their safe use into the domestic REACH system. The SI also makes some technical amendments to ensure that cross-references in the UK REACH regulation are up to date at the end of the transition period. After the transition period, UK REACH will regulate the GB market, while EU REACH will apply to Northern Ireland.

The provisions that implement the protocol are straightforward. They redefine the scope of the domestic REACH regime from the UK to Great Britain. They provide for the Northern Ireland competent authority function to continue to be exercised jointly by the Department of Agriculture, Environment and Rural Affairs and the Department for the Economy. The provisions also ensure that there will still be effective enforcement arrangements for REACH in Northern Ireland.

The provisions concerning chemicals moving from Northern Ireland to Great Britain reflect our commitment to unfettered access for Northern Ireland businesses as well as the need to ensure that UK authorities have the appropriate information and regulatory safeguards in respect of chemicals placed on the GB market.

The instrument permanently removes the requirement for a full REACH registration for chemicals that are, or are in, qualifying Northern Ireland goods being placed on the GB market. It replaces that with a light-touch notification process, which will ensure that the HSE will know what chemicals are being placed on the GB market. Information necessary to ensure safe use will also still be passed down the supply chain within Great Britain. Substances of very high concern entering Great Britain from Northern Ireland will still need a UK REACH authorisation. This is necessary in order to manage the risk to GB consumers and workers, and the environment, from these hazardous chemicals. This simply replicates the approach taken at present to placing these substances on the EU market, where the authorisation process ensures that due account is taken of local environmental and other factors. We need to ensure that this happens where these chemicals are being placed on the market and used within Great Britain.

The changes to the deadlines for the submission of notification and registration information to the Health and Safety Executive follow a review of the data submission deadlines in the transitional provisions of UK REACH. The Government had committed to keep these deadlines under review when the first REACH exit SI was debated in the House last year, and the review involved detailed discussions with a range of industry and NGO stakeholders. The initial notification period for existing downstream users and distributors is being increased from 180 to 300 days. The deadline for submitting full registration information, which is currently two years across the board, is replaced by a phased approach that spreads the duty over two, four and six years from the end of that 300-day period.

The phased approach takes a risk-based approach by requiring the submission of data on the highest tonnages and most hazardous chemicals first. The aim is to give companies more time and capability to comply with the legislation by reducing and spreading costs, and giving them more time to negotiate mutually beneficial data-sharing arrangements with other companies in the UK and the EU. This will lead to a reduction in non-compliance and the provision of higher-quality data, leading to GB authorities having access to better data that will facilitate better decision-making. In the meantime, GB authorities will have access to significant other sources of data, so we will still be able to make robust regulatory decisions before full data is submitted to the HSE under UK REACH.

I should like to inform the House that we have worked with the devolved Administrations on this SI and they have given consent. I can confirm that this instrument will be able to function with or without a deal with the European Union. I can also confirm that it has been considered by the JCSI and that no issues have been drawn to the attention of the House.

I should like to turn to the report by the Secondary Legislation Scrutiny Committee. It is fair to say that the report does not primarily relate to this SI so much as to broader concerns about the future of chemicals regulations, now that the UK has left the EU. In addition to whether this SI changes our ability to regulate effectively before the Health and Safety Executive receives the data about the chemicals on the GB market, these concerns relate to the potential costs to industry of the transition to UK REACH, the HSE’s preparedness to take on its new role as the agency responsible for implementing UK REACH and potential outcomes from negotiations with the EU.

We published an impact assessment at the beginning of 2019, alongside the first REACH exit regulations. We have acknowledged that the costs to industry of supplying data into UK REACH could be significant. We have no reason to disagree with industry’s own estimates, but I should emphasise the considerable uncertainty. In particular, actual costs will depend on the behaviour of companies here and in the EU, and the terms by which they can agree to continue to share the data needed for the purposes of both UK and EU REACH. One of the purposes of this SI is to help businesses reduce and manage those costs by extending the deadlines for data submission. The aim of reducing costs is also why the UK has been looking to agree an approach to data sharing with the EU as part of a free trade agreement. That would enable us to significantly reduce the requirements on companies to submit data directly to the HSE.

The committee’s report is also concerned that the HSE will not immediately have access to the full chemical safety data currently held by the European Chemicals Agency. The Government recognise that our chemicals regime needs to be based on data and evidence, just like any system for regulating chemicals. At the same time, we are using transitional arrangements to smooth the move to UK REACH. These are taken a step further in the risk-based provisions in this SI. Here, also, our negotiation aims would assist us greatly in meeting the need for the data to underpin UK REACH while avoiding costs to industry. However, it takes two to reach a negotiated settlement. If that is not the outcome—and the committee is concerned that it will not be—it would be irresponsible not to make sure that UK REACH can stand by itself and is robust.

The concerns about costs and delays in the HSE receiving registration data sit uneasily together. If we want the HSE to have the full data on chemical safety, there will be a cost. If we want to avoid all the cost, it comes at the price of the HSE not having the data and having to rely wholly on other sources for regulatory purposes. What the Government are endeavouring to do, in previous SIs and in this instrument, is to balance those two needs.

Finally, the committee report questions whether the HSE will be fully prepared to take on the role of the chemicals agency under UK REACH—in particular, its capacity on day one. We have emphasised on a number of occasions that the HSE, along with the Environment Agency, is building on a significant level of expertise. I repeat that Defra is putting significant resources into the build-up to UK REACH, and that the HSE is recruiting heavily for REACH and other chemicals regimes for which it is responsible. The HSE has mapped the workload and regulatory drivers. This indicates that it is not necessary to have a fully staffed organisation on day one. Instead, the approach to recruitment gives time to train and build up the functions and services of UK REACH before key deadlines on registration and evaluation kick in. That is what is important. It is also important to remember that we are carrying over key elements from the EU system, such as the authorisation list and the candidate list for substances of very high concern, and that work does not need to be repeated.

Turning back to the draft SI, I emphasise that this is a simple but necessary instrument. It is necessary to make sure that the Northern Ireland protocol is implemented properly, and to provide easy access to the Great Britain market for Northern Ireland goods, in line with the Government’s commitments. The SI is also necessary in order to make a reduction in the burdens on industry, while still providing for an effective chemicals regulatory regime. I beg to move.

--- Later in debate ---

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

My Lords, not surprisingly, REACH never fails to generate high levels of interest in the House, and today is no exception. We have had a wide range of contributions. A number of questions have been asked, and I will do my best to answer as many as I can.

First, I turn to the Motion in the name of the noble Baroness, Lady Hayman of Ullock. The Motion indicates that it is based on the report of the Secondary Legislation Scrutiny Committee and, like that report, it is concerned more with the wider issues of chemicals regulation than with the SI in front of the House today. As such, I suggest that its regrets are somewhat misdirected.

The Motion regrets that these regulations fail to provide an analysis of the cost of the UK REACH regime, but this SI is not setting up the UK REACH regime; that was done by the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019, which the House considered last year. As I said in my opening speech, we published an impact assessment alongside those regulations. All that the present SI is doing is making amendments to provide for the Northern Ireland protocol to change some of the transitional provisions to extend deadlines for the date of submission and update some cross-references. We have not provided an analysis of the cost of UK REACH alongside this SI because it would not reflect what the SI does.

The Motion also regrets that this SI introduces additional costs and burdens for UK businesses; the noble Lords, Lord Fox and Lord Cameron, and others also raised this concern. That is the opposite of what the SI does. It reduces costs and burdens. Extending the transitional deadlines will enable businesses to spread the administrative load over seven years instead of two. They can prioritise the highest-volume and highest-risk chemicals, and they will have time to agree the best terms for the continued sharing of the data on chemicals that is necessary for both UK and EU REACH.

The provisions for the Northern Ireland protocol also put in place the minimum level of burdens that are compatible with the protection of human health and the environment. Northern Irish producers will be able to access the GB market on the basis of a light-touch notification without having to follow it up with full registration.

The Motion also regrets that the SI creates unacceptable risks around the availability of chemicals safety data. The noble Baroness expressed concern about the cost to businesses and called on the Government to reduce them. That is what we are doing in this SI, but then, when we do reduce costs, she says we are creating unacceptable risks instead. The noble Baroness cannot have it both ways.

I agree with her and with the noble Baroness, Lady Donaghy, my noble friend Lord Lucas, and the noble Lords, Lord Fox and Lord Teverson, that the Health and Safety Executive’s ability to take on the tasks of the agency is essential to the success of UK REACH. The HSE is very well-placed to be a success in that role, as we have stressed many times. Remember that the HSE and the Environment Agency have played a very active part in EU REACH over the years, taking on some of the most complex substance dossiers.

The HSE has mapped the regulatory drivers and the likely workload, and so it understands what its priority tasks will be. For example, it will be handling applications for authorisations, and is aware that it may receive upwards of 10 applications in the first year. On the back of this, it has focused on outlining the process for authorisations and will have recruited key staff, such as occupational hygienists, to work on the authorisation process. It is also identifying independent scientific experts who will be involved in the development of opinions on authorisation applications.

There was the issue of so-called in-flight authorisations —that is, applications that the EU will not have finished dealing with by the end of the transition period. We dealt with that in regulations last year. There was the issue of the potential costs to businesses. That is why we are negotiating for an approach to data sharing with the EU and why the SI before the House today extends the deadline for data submission. There were concerns about the duplication of animal testing. That is why the last-resort principle is enshrined as a protective provision in the Environment Bill. I could go on.

I would like to try to get through as many of the questions that were asked in the debate as possible. A number of noble Lords, including notably my noble friend Lady Altmann, the noble Baroness, Lady Donaghy, and the noble Lord, Lord Teverson, raised the issue of standards and levels of protection after the end of the transition period, a point also raised forcefully by the noble Lord, Lord Rooker. It will remain a core purpose of REACH to ensure a high level of protection of human health and the environment. The duties and obligations on industry are carried into UK REACH unchanged. This includes the principle that it is for businesses to ensure that they manufacture, place on the market and use chemicals that do not adversely affect human health and the environment.

REACH will also continue to be underpinned by the precautionary principle. We have included provision in the Environment Bill to be able to amend REACH to prevent it from being frozen in time. In answer to both the noble Viscount, Lord Hanworth, and the noble Lord, Lord Hunt, we have deliberately included a range of safeguards. Any amendment to REACH must remain consistent with its aims and principles. We have listed over 20 protective provisions, such as those overarching aims and principles that cannot be changed. I hope that is an indication of our commitment.

My noble friend Lord Lucas referred to alternatives to animal testing, particularly the scope for using computer modelling to predict chemical hazards such as toxicity. The noble Baronesses, Lady Hayman and Lady Donaghy, made the same point. I strongly agree with them about the opportunity here. We do not support animal testing unless it is unavoidable. A range of alternative approaches is available, including computer-based quantitative structure activity relationship models, or QSARs. Under EU REACH, the UK was the member state that consistently pushed for the most rigorous application of the last-resort principle by industry and regulators. Under UK REACH, we will no longer be held back by more reluctant players and will be well-placed to encourage the appropriate use of alternative methods of assessing hazard.

My noble friend also spoke about various products such as ammonium sulfamate, asulum and glyphosate. I should note that, as herbicides, these are regulated under separate plant-protection product legislation rather than REACH. From next year we will be taking our own independent decisions in Great Britain on which pesticides can be used, and of course I hope we can move continuously towards reducing our use of such chemicals.

My noble friend Lord Trenchard spoke about the possibility of divergence from EU REACH and was in favour of it, unlike other noble Lords in this debate today. REACH is frequently seen as a gold standard and we have no intention of diverging from the EU just for the sake of it. Equally, we should not allow UK REACH to become frozen. That is why we have made provision in the Environment Bill to enable us to amend it.

There may be good reasons for taking a different approach on different substances to reflect our circumstances here, but that does not mean reducing standards or levels of protection. For example, the UK has been at the forefront of opposing animal tests where alternatives exist. We have already discussed the last-resort principle, and we could be far more rigorous in applying that principle in future. Another example concerns Poland’s proposal to the EU to ban the use of methanol in windscreen-washing fluids because of its abuse by Polish alcoholics. That may be sensible for Poland, but it is not something that applies in this country. We can make sure that UK REACH remains up to date and operates in an effective and efficient manner that works for us, but we can do so in a way that is flexible.

The noble Lord, Lord Cameron, argued that we should try to remain as aligned as possible with EU REACH, taking a somewhat different position. As I said, we have no intention of diverting for the sake of it but there may be circumstances where it makes sense for the United Kingdom. Under UK REACH, companies will still need to know about the properties, hazards and potential risks of the chemicals that they manufacture and place on the market. This means that industry will not have to develop different sets of data for use with UK REACH and EU REACH.

The noble Lord, Lord Fox, raised a number of issues that I have already addressed in response to the noble Baroness, Lady Hayman, and others. On costs, an issue also raised by the noble Baroness, Lady Donaghy, the main cost for businesses is in accessing the data that they need to support their registrations, but there is considerable uncertainty about what the costs may be in practice. The Chemical Industries Association and Cefic, the EU organisation representing chemicals manufacturers, have jointly recommended that consortia should restrict charges to administration. One of the purposes of the changes in this SI is to provide time for industry to reach sensible agreements around data and cost sharing.

With regard to the need for data, UK REACH maintains the core principle of “no data, no market”. That principle is necessary; it is the means by which the regulator can check that companies are properly meeting their duty to ensure the safe management of chemicals. It also provides assurance to the public that businesses understand the hazards and risks of the chemicals they are using and know how to manage them.

The noble Lord also spoke about the HSE’s preparedness, a point echoed by many noble Lords, including the noble Lord, Lord Teverson. I am confident that the HSE is well-placed and equipped to carry out its role as the agency under UK REACH. The Environment Agency is equally well-placed to assist HSE by providing expert advice on environmental matters. Defra continues to provide additional resources to the Health and Safety Executive and the Environment Agency. The HSE is currently recruiting, in total, 130 extra staff to cover the transition to the UK system across all the chemicals regimes that it operates, including scientists and, as I said earlier, occupational hygienists. Forty of these extra staff are being recruited specifically for REACH. The Environment Agency has also increased its resource, with an additional recruitment plan for early 2021. My noble friend Lady McIntosh also asked about the HSE’s ability to cope. As I say, Defra continues to provide additional resources to the HSE and the Environment Agency, which are, as I have explained, busy frantically recruiting.

The noble Lord, Lord Whitty, asked a number of questions, many of which I have already addressed. He asked for an update on negotiations and their implications for the discussion that we are having today. I am afraid I am not in a position to do that; I can only apologise. I can tell him that the enforcement function in Northern Ireland is the HSE Northern Ireland.

Putting aside the wider issues that have—quite legitimately—been such a dominant feature of the debate, I must however return to the SI in front of the House. As I said earlier, it is simple but necessary. Without it, the UK would not fulfil its obligations under the Northern Ireland protocol. We would also not fulfil the commitment that we made to the House in March 2019 to keep the data deadlines under review and then to take further steps as appropriate. I commend the SI to the House.

Convention on Biological Diversity

Lord Goldsmith of Richmond Park Excerpts

Monday 7th December 2020 Lords Chamber

[Lord Randall of Uxbridge]

To ask Her Majesty’s Government what preparations they are making for participation in the fifteenth meeting of the Conference of the Parties to the Convention on Biological Diversity.

[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 UK has clear ambitions for the global biodiversity targets to be agreed at CBD COP 15. Despite delays to the international timetable due to Covid, we are engaging fully in the negotiation process. We are working internationally—including through the Leaders’ Pledge for Nature and the UK-led Global Ocean Alliance, and in our role as ocean co-chair of the High Ambition Coalition—to secure support for our objectives, and will continue to leverage opportunities at all levels as we approach COP 15.

[Lord Randall of Uxbridge (Con)]

I thank my noble friend for his answer and draw attention to my environmental interest as in the register. Next year’s CBD will be a crucial opportunity for the nations of the world to address the worsening biodiversity crisis. Can my noble friend assure me that Her Majesty’s Government will be as ambitious on this as they have been on climate measures, not least by setting robust targets to halt and reverse the decline in species and habitats by 2030, committing to protect what we already have and creating not just new woodlands but also wetlands and grasslands?

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

The UK is absolutely committed to playing a leading role in developing the highest possible ambition in relation to the post-2020 global framework for biodiversity at the CBD. Our overarching ambition is targets that, as my noble friend says, will halt and reverse global biodiversity loss and, crucially, that will be underpinned by clear accountability and implementation mechanisms. Because we see no real distinction between climate change and our environmental obligations, we are committed to ensuring as clear a link as possible between those two conventions. Climate change represents perhaps the greatest threat that we face, and global biodiversity is being lost at an appalling and unprecedented rate. We cannot tackle one without a major focus on the other, and that is reflected in all our ambitions.

[The Earl of Caithness (Con)]

My Lords, the delay that my noble friend has just mentioned has improved the chances of COP being a great success next year, added to by the result of the American election and the reshuffle of people in No. 10 Downing Street. What plans does he have to meet the American team, and can he update us on the discussions with India to get it to play a positive role?

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

I am afraid I am not in a position to provide details about exchanges that have been happening between the UK and the incoming presidential team. However, I can say that the incoming President has made it very clear that climate change will be a priority issue. We have also heard that there will be an increased focus by the United States on nature, which we think is crucial. We in the UK have signed up to, and indeed are running, the campaign to protect 30% of the world’s oceans and land by 2030, and we have high hopes that the US will join us in that. Another core plank of our campaign is to ensure sufficient finance for nature recovery; again, we hope to be able to work very closely with the incoming Administration in that regard.

[Baroness Boycott (CB)]

My Lords, at the COP meeting next year UK representatives will be signing pledges and agreements on behalf of all the four nations, yet at the moment there are still problems with peat and various biodiversity issues in the United Kingdom Internal Market Bill. What progress has been made on reaching an accord among our four nations, which can be taken to the meeting?

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

We work very closely with the devolved Administrations on all biodiversity issues. It is a devolved area but there is very little to distinguish the positions held among the four nations on international policies. I therefore have absolute belief that we can speak very much as one in wanting to raise the ambition as high as we can at both conventions next year.

[Lord Reid of Cardowan (Lab)]

My Lords, while I accept that modest progress has been made in some areas, will the Minister accept that the UK’s overall performance on biodiversity has been relatively poor? Public funding for conservation projects has fallen sharply in real terms over recent years, and the Government’s October 2020 publication of biodiversity indicators shows that the situation regarding a large proportion of the targets that the Minister mentioned remains the same or is deteriorating. How do the Government intend to address that apparent static position?

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

First, I am happy—well, not happy, but willing—as a government Minister to acknowledge that in many areas there are ongoing declines in biodiversity. The numbers here in the UK are no better than those elsewhere around the world. We are in the midst of a biodiversity crisis. However, we are putting in place the mechanisms and resources needed to buck that trend, and we are absolutely committed to doing so: the first Environment Bill in 20 years; ambitious measures, including restoring and enhancing nature; a new £640 million Nature for Climate Fund to deliver woodland expansion and peatland restoration; most importantly of all, replacing the old common agricultural policy with a new system whereby payments are conditional on good environmental outcomes; and 25% of our waters being in marine protected areas. We have also announced the tripling of Darwin Plus to £10 million a year for our overseas territories.

I am very confident in saying that UK leadership on biodiversity internationally exceeds that of any other country that I am aware of. We are generally recognised to be world leaders in raising ambitions and taking meaningful action internationally to buck the biodiversity trends.

[Lord Oates (LD)]

My Lords, would it not be easier for the Government to show leadership abroad if we were demonstrating it at home? How does the Minister square the statement he made just a moment ago—that we are putting the necessary resources in—with the fact that government spending on biodiversity has declined by well over a quarter since it reached its peak under the coalition Government? Can he tell us when it is going to get back to the funding levels required to effectively protect biodiversity?

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

The key principle of the convention on biological diversity is that biodiversity should be mainstreamed. That means that every decision of every Government should be made on the basis of whether or not it contributes to bucking the trends or takes us in the wrong direction. That is essential. On that basis, the UK Government are organising in such a way that our decisions on a wide variety of issues are increasingly reconciled with nature. The new Nature for Climate Fund will help us buck those trends and turn the tide. As I said earlier, the single biggest financial mechanism—the one that will deliver the biggest change we have seen in my lifetime—is the shift from destructive land-use subsidies to subsidies that are conditional on good environmental outcomes. No other country in the world is doing this. If we persuaded other countries to do so, I believe the world would be set on a path towards restoration and recovery of the natural world. It is really big news.

[Lord Lucas (Con) [V]]

My Lords, the Ice Ages have left us with only 30-odd native trees of limited genetic variety, whereas a healthy temperate forest would have some 1,000 species. Does my noble friend agree that that is a fundamentally precarious position, as we have seen with recent tree diseases? Does he therefore support the Forestry Commission in its determination to increase biodiversity, in both species and provenance?

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

I agree with my noble friend. We will be spending a lot of public money on meeting our ambitions and targets for planting or restoring 30,000 hectares a year by 2025. It is essential that we use public money in a way that delivers the maximum possible solution. We do not want to see trees as just carbon-absorbing sticks; they have a crucial role to play in biodiversity, public enjoyment, flood prevention and enabling land to hold water better throughout the year. So yes, we want to deliver the greatest possible biodiversity and the best possible solution.

[Baroness Jones of Whitchurch (Lab)]

My Lords, given that the UK leadership team for COP 26 is an all-male affair, can the Minister assure us that the UK leadership team—not just the support staff—at the conference of biodiversity will properly represent the people of this country and will be gender balanced?

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

I do not have the figures in front of me, but I would be willing to bet that the answer to the noble Baroness’s question is that simply on the basis of choosing the right people for the job, the gender balance as we prepare for CBD is as it should be and is balanced. I also take issue with her comments about COP 26. I cannot tell her that the team is entirely selected on the basis of the 50-50 gender balance that we aspire to, but the balance is a great deal more impressive than she may have read in the newspapers. I would be happy to provide those figures in writing in due course.

[The Deputy Speaker (Lord Brougham and Vaux) (Con)]

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