Schools: Great British September Clean

Lord Goldsmith of Richmond Park Excerpts

Thursday 24th September 2020 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, we are proud to support national clean-up days such as the Great British September Clean, and we continue to use our influence to encourage as many people in businesses as possible to participate in such events. We want every child to have the opportunity to learn about the impact of litter. The Eco-Schools programme, run by Keep Britain Tidy, works with schools to change littering habits, putting young people at the heart of environmental issues.

[Lord Robathan (Con)]

My Lords, I am pleased to hear what the Minster says about getting every child involved. If children were better educated about the ghastly scourge of litter, over time they and their families might not dump litter in our towns and countryside, as currently happens. So will my noble friend convene a meeting with an Education Minister and me to consider adding to the national curriculum for year 6 an afternoon picking litter on our roads and lanes—one afternoon of their education? Besides the fact that 10 year-olds would probably quite enjoy the afternoon, it might gradually inculcate into our society an understanding that dropping litter is just not acceptable.

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

Of course I understand the noble Lord’s point. The Keep it, Bin it campaign, run by Defra with support from Keep Britain Tidy, has had an impact on young people’s attitudes. One of its goals was to align young people’s slightly more casual attitudes towards litter with those of the general population, and polling suggests that that gap has considerably narrowed. In addition, 70% of schools in England are members of the Eco-Schools programme, and we are working hard to increase that.

[Lord Brooke of Alverthorpe (Lab) [V]]

Will the Minister give school children a strong lead on a continuing basis to learn to recycle and to reduce the growing litter problem, particularly with cans and bottles? Will the Government introduce a deposit return scheme on bottles and cans, as they are doing in Scotland, and as they have in the whole of Scandinavia and in Germany? Will they offer this incentive to schoolchildren to learn about recycling and avoiding littering by introducing such a scheme? Will the Minister commit the Government to that, please?

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

My Lords, as well as the Eco-Schools programme, there are many other resources available to schools if they wish to teach pupils about the impact of litter and the importance of not littering. Organisations like Keep Britain Tidy, the Campaign to Protect Rural England and the Marine Conservation Society have all produced excellent resources for schools about litter and the damage that it can do to the environment. We are committed to introducing a deposit return scheme, and I see no reason why that cannot operate effectively in our schools.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, while a national clean-up is to be welcomed, and helps to generate community spirit, would it not be better for the Government to mount a hard-hitting campaign to encourage the nation to dispose of its waste in a more environmentally friendly way? That could be coupled with stringent fines for offenders. Only in that way will people—and it is not only children—change their habits and take their rubbish home rather than throwing it out of car windows and leaving it behind after picnicking. Does the Minister support such a strategy?

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

The Government support a dual strategy. We are launching and running a number of educational campaigns, using both conventional media and social media, and as I said in a previous answer, we are seeing the impact of that, particularly on young people’s attitudes. In addition to that, and to supporting numerous rubbish collection or litter days, we are also empowering local authorities to take stronger and more robust action against people who continue to litter.

[Baroness Meyer (Con) [V]]

My Lords, if we are to encourage schools to participate in the Keep Britain Tidy campaign, does the Minister not agree that we should encourage adults, even more so, to set an example? Britain has the reputation of being the dirtiest country in Europe. Is it not time for zero tolerance? In all my years I have never seen anyone fined for littering. As part of this campaign, I suggest that the Government and the public authorities also raise their game. For example, does the Minister not agree that there is an urgent need for more rubbish bins and recycling points, more frequent removal of litter from public places, and proper enforcement of fines?

[The Lord Speaker (Lord Fowler)]

Baroness Meyer, may I just say that short questions are required? I am sorry, but that was rather too long.

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

It is, of course, already an offence to drop litter, and councils have legal powers to take action against offenders. Anyone caught littering can be prosecuted in a magistrates’ court, which can lead to a criminal record and a fine of up to £2,500 on conviction. Alternatively, councils have been given powers to issue fixed penalties—on-the-spot fines of between £65 and £150—and we have recently published improved guidance to councils and others on the use of their fixed-penalty powers for littering and related offences. In addition, we have significantly increased the penalties for fly tipping.

[Baroness Jones of Whitchurch (Lab)]

My Lords, to follow up the question asked by the noble Lord, Lord Brooke, given that plastic bottles remain one of the main sources of litter, can the Minister clarify exactly when we will see the long-awaited bottle deposit scheme/

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

The Government committed, in our 2019 manifesto, to introduce a deposit return scheme for drinks containers, and we are seeking powers in the Environment Bill to enable us to establish deposit return schemes. The Bill needs to complete its journey through both Houses, and I very much hope that will happen as quickly as possible. The specific details of a DRS will be presented in a second consultation in very early 2021.

[Lord Addington (LD)]

My Lords, if the Minister has that meeting with the Department for Education, will he consider the fact that there is no shortage of subjects that would like a little bit of curriculum time? At the moment we have a very squeezed curriculum because of the pandemic, and there was not that much space there in the first place. Before taking time out of the school day, please have a think about what damage that may do to the rest of the education system.

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

Increasingly, many schools put emphasis on an environmental component of the curriculum. I have spoken at hundreds of schools, and I am yet to visit one where the environment is not a major focus. What is useful in the approach of most schools today is that they weave this issue through existing curricula. In addition, the Government have been ramping up our support for national clean-up days, and we have been proud to support and endorse many of those events. This month, for instance, we are encouraging as many people in business as possible to participate in the Great British September Clean and the Great British Beach Clean, and we anticipate that numerous young people will join in those events—and, we hope, become lifelong environmentalists.

[Baroness Verma (Con)]

Will my noble friend also work with small businesses in the fast food industry to ensure that they have bins available so that people, particularly young people going out for lunches, can bin their rubbish after their meals?

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

The noble Baroness makes an important point. We believe fundamentally that businesses should try to reduce the amount of litter that their products generate. The litter strategy sets out how we intend to work with the relevant industries to tackle certain types of particularly problematic litter, including, of course, fast food packaging. Councils do have powers to tackle persistent unreasonable behaviour, and, through the Environment Bill, we will increase those powers.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I am sure the Minister will agree that, with litter and waste, prevention is better than cure. In the light of the Which? study out this morning showing that two-thirds of branded grocery packaging is not fully recyclable, what steps are the Government taking to force companies to switch to less packaging and less damaging packaging, and to cover the costs of dealing with the waste? Following on from the questions asked by other two noble Lords, why do we need another consultation on England’s bottle deposit scheme, when we are already world-trailing on delivery of this?

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

On the second point, consultations are more often than not a statutory requirement, but on the broader point, the Government absolutely agree that the emphasis should be shifted as far as possible on to producers. As noble Lords will know, we are introducing extended producer responsibility through our legislation, and that means making those producers pay the full lifetime costs of collecting and managing packaging when it becomes waste. But we also want to encourage businesses to design and use packaging that is easily recyclable, and these reforms will complement the introduction of a tax on plastic packaging that does not contain at least 30% recycled content.

[Lord Randall of Uxbridge (Con) [V]]

Does my noble friend agree that apart from parental behaviour, role models are an excellent way of encouraging young people to have a positive attitude to litter? Have Her Majesty’s Government been able to enlist sports or other celebrity personalities to engage with the campaigns?

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

That is an extremely important question and I am afraid that I can only partially answer it. However, the Government, having taken the steps they have and planned future steps, are providing something of a role model. We have reduced the annual sales of single-use carrier bags by over 7 billion through the 5p charge. We introduced a world-leading ban on microbeads in rinse-off personal care products. We are introducing a ban on the supply of plastic straws, cotton buds and stirrers. Our Environment Bill takes that much further. On the international stage, we are among the biggest contributors in the world to tackling the scourge of plastic pollution in our oceans. But I take my noble friend’s question on board and will get back to him.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, the time allowed for this Question has elapsed, and I apologise to the two noble Lords who are unable to ask their questions.

River Pollution

Lord Goldsmith of Richmond Park Excerpts

Wednesday 16th September 2020 Lords Chamber

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government what assessment they have made of (1) the level of the pollution in rivers in England, and (2) the causes.

[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 Environment Agency’s State of the Environment: Water Quality report in 2018 is the most recent assessment of water pollution. We assess pollution levels to understand their impact on water ecology and human health and to mitigate them. The main causes of pollution are agriculture, sewage discharges and chemicals from industry and other sectors, some of which still persist from past activities.

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

I thank the Minister for his Answer, but would he agree that the present situation is a total disgrace? More than 200,000 tonnes of raw sewage go into our rivers every year. Even in 2018 only 14% of our rivers passed as fit for purpose and they have probably got worse since then, and only three cases were taken to court in 2018, despite all this. Does he agree that there is a need for a much stronger regulatory regime? Does he also agree that the situation is so serious that we need some kind of parliamentary inquiry into what is happening to the nation’s well-being and health?

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

My Lords, I certainly agree that much more needs to be done. I can tell noble Lords that a new task force has recently been set up between Defra, the Environment Agency, Ofwat and water companies, which will meet very regularly and set out proposals to reduce the frequency and volume of sewage discharge, while the Environment Bill that is coming soon to the House will place a statutory requirement on water companies to produce drainage and wastewater management plans. Investment by water companies, incidentally, has meant that pollutant loads to rivers from water industry discharges have declined by between 40% and 70% since 1995, and there are commitments of £4.6 billion of additional investment over the next five years.

[Baroness Blackwood of North Oxford (Con) [V]]

My Lords, while we respond to the Covid crisis, we must not neglect the public health risk posed by AMR. Some 12,000 people die every day from a resistant infection, and this is more important than ever during a pandemic. So the proper treatment of wastewater is essential to prevent the spread of antibiotic-resistant bacteria and genes into the environment, but research has recently found that the amount of antibiotics entering the River Thames would need to be cut by 80% to avoid the spread of superbugs. The AMR action plan commits us to finding innovative solutions for removing these drugs and bugs from our watercourses. Will the Minister please make addressing this a personal priority?

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

AMR is one of the greatest health threats that we face, and there is an increasing focus globally on the environment as a potential reservoir and conduit for it. We are conducting research into the extent of human and animal exposure to AMR from the environment and the risks that it poses. We are funding research at the University of Newcastle, for instance, and working with academics at other universities, including Exeter. We are looking at the impacts of the overuse of antibiotics on industrial farms as well—a problem, I should say, that the industry itself has made a real effort to address. We have a five-year UK national action plan and we will take whatever additional action is necessary.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, I contribute from the Welsh Marches in Powys, which contain the headwaters of the Wye and the Severn. Our rivers are seriously at risk from an absolutely vast increase of intensive poultry units, in Powys in particular but also in Herefordshire in Shropshire. These leech phosphates and nitrogen into our rivers. May I respectfully suggest that the Government urgently look at this dangerous cross-border issue?

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

The noble Lord is right: poor practice by farmers leads to run-off fertiliser, slurry, pesticides and various other chemicals, which are extremely damaging to river ecosystems. But even well-managed farms can have impacts on the environment. The catchment-sensitive farming and countryside stewardship schemes inform and incentivise farmers to manage their land in a better way—for example, creating buffer strips between fields and water courses, planting crops that preserve soil health and improving slurry storage, while the new Environmental Land Management Scheme set out in the Agriculture Bill will be a critically important part of a transition to more environmentally sensitive agriculture.

[Lord Berkeley (Lab) [V]]

My Lords, the 200,000 occasions of raw sewage being discharged into rivers in 2019, mentioned by the noble and right reverend Lord, Lord Harries, in his follow-up question, totalled 1.5 million hours of discharge, according to the Guardian. Does the Minister accept that it is quite clear that the Government or their agencies have no interest in enforcement? Do the Government accept the legal position, originally stated by the European Court of Justice, that untreated sewage can be released into water bodies only under exceptional circumstances? Clearly this is not being complied with. What urgent action are the Government going to take to deal with this—or are we leaving the EU just to become the dirty man of Europe?

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

I certainly agree with the noble Lord that raw sewage should only ever be released into water systems as a last resort and in exceptional circumstances. As I mentioned in a previous answer, this issue has been taken up with great energy by my colleague in Defra, Minister Pow, who established and chairs the task force and is committed to doing what is needed from the regulatory, legislative and funding points of view to tackle this very serious problem.

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

My Lords, there has been a steady increase in outdoor swimming clubs—“wild swimming”, as it has become known. Swimmers are unaware that rivers across the country contain toxic materials such as lead and mercury, as well as insecticides. The Government have committed themselves to ensuring that all rivers are of a good ecological standard by 2027. Will that target be reached? If not, when might it be?

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

The Environment Agency takes water quality samples at all designated bathing waters during the bathing season. If the water fails in any way to meet the minimum standards, the agency then investigates. If a water company is found to be the cause, the agency then requires the company to take action. In 2019, 98.3% of designated bathing waters met the minimum standards, with 71% classified as excellent. Clearly we have a lot more to do, as all surveys have shown, but the Government have shown a commitment to tackling this issue, both from a legislative point of view and in terms of funding.

[Lord Grantchester (Lab) [V]]

With Brexit achieved, reports over the summer suggested that the UK Government could now amend the requirements of the EU-derived water framework directive to make it easier to classify rivers as “good”. Can the Minister confirm whether this is the department’s intention? If so, would not the department’s time be better spent on addressing the root causes of river pollution rather than on lowering standards?

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

Those reports were based on comments by Sir James Bevan, but they were inaccurate; in fact, they were entirely wrong. Sir James was talking about the importance of environmental regulation and how it can be used to achieve the best outcomes for our environment. He identified ways in which, for example, the water framework directive is not always the best measure of the health of our rivers, but he was very clear that the test of any changes whatever should be better environmental outcomes.

[Baroness Redfern (Con) [V]]

My Lords, sewage remains one of the main pollutants in English waterways. With many pipes not monitored, and under a self-reporting system, it is up to individual water companies to tell the regulator. What level of duty are the Government proposing to require water companies to release figures on exactly how much raw sewage is being released, along with its duration and frequency?

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

The Environment Bill that is soon to be introduced will, as I said, place a statutory requirement on water companies to produce drainage and wastewater management plans. In addition to that, water companies have agreed that between 2020 and 2025 they will be investing £4.6 billion to protect the environment, of which around £4 billion relates to wastewater.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, while I believe in tackling root causes, the Minister mentioned buffer zones. They are extremely practical because they reduce pollution going into watercourses and also create biodiversity corridors. At the moment the advice is for 20 metres. Is it perhaps time to increase that to 30 or even 40 metres, to make them even more effective?

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

The noble Baroness makes an extremely important point. The department is actively looking at what more we can do using the new Nature4Climate Fund and the transition from CAP to ELM to incentivise a much higher standard of management either side of waterways throughout the country. I hope that on the back of that we will be able to produce a compelling programme.

[Lord Browne of Ladyton (Lab) [V]]

My Lords, according to studies by Greenpeace and Manchester University, microplastic contamination, which brings an array of biodiversity problems to our waterways, is

“pervasive on all river channel beds.”

The UK banning microbeads is a step in the right direction, but only a drop in the ocean. What measures are the Government considering to prevent this and to clear the existing contamination of plastics, preferably before they break down into microplastics—or, worse, nanoplastics—en route to the sea?

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

Chemicals come from almost all human activities. Much chemical pollution comes from domestic properties—for example, detergents, which go into the sewers—and that is going to continue as long as those chemicals are permissible to use. Particularly damaging chemicals such as mercury are priorities for international action and their use is now regulated or banned. Defra is looking very closely at microplastic pollution in the environment, specifically the water environment, and its work will inform the development of policies to mitigate it and to build on the recent microbead ban, which we introduced last year.

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

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

Biodiversity

Lord Goldsmith of Richmond Park Excerpts

Wednesday 16th September 2020 Lords Chamber

[Baroness Parminter (LD) [V]]

My Lords, on behalf of my noble friend Lord Teverson, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

[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 England the 25-year environment plan marks a step change in ambition for wildlife and the natural environment. The Government have announced significant funding and legislation to meet this ambition. The Aichi targets are international in scope. The Government have increased international biodiversity spending and are playing a leading role in developing an ambitious new global diversity framework. Nature will be at the heart of the UK COP 26 presidency, paving the way for transformative action.

[Baroness Parminter (LD) [V]]

I hear what the Minister says, but last October he said that the Government were looking at legislative options to ban the burning of upland peat bogs and yet it has been reported that these plans have been shelved. Peat bogs are incredibly important ecological sites, supporting many rare and endangered species, helping to prevent flooding and store carbon. Are the Government going to ban peat burning or continue their failure over the last decade to meet agreed international biodiversity targets?

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

As the noble Baroness will know, we are currently engaging with stakeholders on the content of the England peat strategy and we expect it to be published later this year. The Government have always been clear—as I have—on the need to phase out the burning of protected blanket bog to conserve those vulnerable habitats. We are looking at how legislation can achieve this and are considering next steps.

[Lord McNicol of West Kilbride (Lab)]

My Lords, the United Kingdom’s sixth national report on the convention on biological diversity, published by the JNCC in 2019, concluded that there is still significant work to be done. To cite a few examples: there is an overall picture of ongoing species decline and a significant proportion of the best wildlife habitat inside and outside protected sites remains unfavourable. There has also been a short-term fall in the Government’s funding of biodiversity in the UK. Will the Minister explain exactly what has been done since the release of the JNCC report to rectify these failings?

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

The noble Lord is right in that, from 1970 to 2016 the relative abundance of priority species in the UK saw a dramatic decline of around 60%. Many but not all species groups show long-term decline, so we clearly need major improvements. We have expanded our protected areas at sea dramatically in recent months and years. We have provided new funding for woodland expansion. We have put aside a £640 million nature for climate fund. We have committed to 30,000 hectares of tree planting or regeneration each year. Peatland restoration and nature recovery have also been resourced to bring us closer to achieving the 25-year plan goals. We have greatly increased our funding for international biodiversity; perhaps more than any other country.

[Baroness Walmsley (LD) [V]]

My Lords, the RSPB report emphasises that biodiversity is strongly linked to climate change. To meet our targets, we must take action on all fronts, including farming. In order to produce low-carbon British food, a company wants to build greenhouses in Wrexham using waste heat and emissions from the sewage works next to the site. Will the Minister support this enterprise in the interests of climate action and biodiversity protection?

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

The Government stand ready to support whatever action is necessary to boost biodiversity in this country and to reverse the depressing trends that have already been described. The RSPB is absolutely right to say that we cannot solve climate change without restoring and protecting nature on an unprecedented scale. Forests, for instance, hold 80% of the world’s biodiversity; their destruction is the second biggest source of carbon emissions. As president of COP, we intend to draw as strong a link as possible between what we are doing at COP and what the Chinese will be doing as host of the CBD just a few months before the biodiversity COP. We are working very closely with China to ensure that that happens.

[Baroness Hooper (Con) [V]]

My Lords, may I start by congratulating and thanking the RSPB not only on this report but on the regular briefings and support it gives us? Since most of the UK’s biodiversity is to be found in the overseas territories, will the Minister tell us to what extent the Government’s plans to which he has referred cover and include the overseas territories? Will he welcome a short debate on this topic? I have a motion tabled and am merely seeking a slot.

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

I always welcome debate, particularly around the issue of our magnificent overseas territories. My noble friend is right: the overseas territories contain about 90% of the UK’s endemic species and we are very keen to increase our protection of them. For instance, we have increased to £10 million a year the Darwin Plus funding scheme. We are also on track, as my noble friend will know, with our Blue Belt programme to protect an area roughly the size of India. We hope to be able to grow it still further, perhaps even in the remaining months of this year. Protecting the biodiversity on land and in the waters around our overseas territories is and will remain a priority.

[Baroness Boycott (CB) [V]]

My Lords, I thank the Minister for his answers. In the wake of this devastating report and the UN report, the design of cities also comes under the spotlight. We live in cities more and more, and yet they do not need to be environmental wastelands. What will come forward in the Environment Bill to create green infrastructures and make space for nature inside our cities, so they can play their part in helping us recover our lost biodiversity?

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

The noble Baroness is right. In addition to greatly increasing our investments overseas in cities to enable people to deal with the warming effects of climate change and to reduce the temperature of cities, in this country we are increasing our funding for tree planting in our cities. We are yet to provide all the details for that. We will allow the policies to be informed by the England Tree Strategy, which we are processing at the moment and on the back of which we will develop what we hope will be a compelling and ambitious programme. I recognise that that is just one part of what needs to happen in our cities to enable people to have better access to and enjoyment of nature, but it is an important part.

[Lord Grantchester (Lab) [V]]

The RSPB’s report, supported by the publication of Global Biodiversity Outlook 5, suggests a significant disparity between the UK Government’s view of their progress towards the Aichi targets and reality on the ground. What steps will the Minister’s department take to review how such progress is measured, and how will the Government ensure that they achieve greater compliance with the targets to be set for 2030?

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

We do not dispute that protected areas, which include protected sites and landscapes and other measures, need to be better managed. The Government have been very clear on this issue. I think the RSPB accepts that the quantity target has been exceeded but clearly, more needs to be done to improve the quality of our protected areas. As I have outlined, actions are in place to do so.

[Baroness Burt of Solihull (LD) [V]]

My Lords, we have failed. Not only have we not met 17 of the 20 Aichi targets in Britain; we have gone backwards on some of them. Clearly, we cannot be trusted to save our own wildlife unless we make ourselves take the action needed. Is not now the time to get serious and set legally binding targets for our own sakes, as well as the sake of our wildlife and, ultimately, our planet?

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

It is absolutely correct to say that we have failed to meet those Aichi targets. The Government have not sought to shirk from that or to mask the research that has been produced. However, I argue that the Environment Bill, Agriculture Bill and Fisheries Bill—combined with new sources of funding such as the Nature4Climate fund, our plans for nature recovery networks and much more besides—will put us on track to meet the obligations that we signed up to internationally. In addition, we have not only doubled our international climate finance to £11.6 billion, we have committed to spending a big chunk of that uplift on nature-based solutions. We are taking that core message to the world in the run-up to the COP.

[Baroness Bennett of Manor Castle (GP) [V]]

Further to the Written Answer that the Minister gave me on 25 June, which said that

“it is not possible to confirm on available data whether there has been an increase in”

raptor persecution during the Covid crisis, have the Government now caught up with the statistics? If not, I can direct him to the Raptor Persecution UK website, which reports today the total tally of

“44 hen harriers ‘missing’ or confirmed killed since 2018”.


It notes that this is

“ten times more likely to occur over … land managed for grouse shooting”.

Given this, why did the Government create a special exemption from Covid-19 health restrictions last weekend for driven grouse shooting and other shooting? Should they not instead ban driven grouse shooting and the release of pheasants for shooting, as an emergency measure to tackle the crisis that this report identifies?

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

We are aware of reports that there has been an increase in wildlife crime, particularly that associated with raptor persecution, during lockdown. Raptor persecution is one of the UK’s six wildlife crime priorities and we understand that there are a number of criminal investigations ongoing. However, I am afraid that it is not yet possible to confirm, on available data, whether there has been an increase. I would welcome access to the report that the noble Baroness mentions. On the Government’s decision last week, she will note that it exactly mirrors decisions taken by the Labour Government in Wales and the SNP in Scotland, and is not—as has been reported—a special dispensation for any particular form of activity.

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

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

INSPIRE (Amendment) (EU Exit) Regulations 2020

Lord Goldsmith of Richmond Park Excerpts

Wednesday 9th September 2020 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

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

[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, noble Lords will be aware that the INSPIRE Regulations 2009 established a UK spatial data infrastructure by requiring common standards for spatial data held by public bodies as part of their public task and for the spatial data services used to make that data available for use and reuse. The origin of the UK INSPIRE regulations is an EU framework directive. The regulations have been in effect in the UK since 2009. The INSPIRE regulations established a UK spatial data using common standards for spatial data and spatial data services.

Spatial data, also and often referred to as geospatial data, is data that identifies the geographic location of features, boundaries and events. Spatial data means data about natural features such as rivers, elevation and marine, and constructed features such as roads, buildings and wind turbines, and events such as noise levels, air quality and industrial emissions. The use of common standards means that spatial data is interoperable and can be easily found and used and combined with other data. The rationale for the INSPIRE regulations is to improve environmental policy-making at all levels of government. The amendments to the INSPIRE regulations before your Lordships today are introduced purely to update two pieces of earlier EU exit regulations relating to the operation of INSPIRE. The update is to ensure that the UK spatial data infrastructure continues to be effective and operable after leaving the EU.

The first legislative update is to the INSPIRE (Amendment) (EU Exit) Regulations 2018 which were laid in this House on 12 December 2018. These brought the majority of the INSPIRE directive and its directly applicable implementing rules into legislation covering England, Wales and Northern Ireland. Scotland has its own INSPIRE regulations and made its own amending legislation in 2018. The second legislative update is to the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019. Those brought the remainder of the INSPIRE directive into UK legislation. They were debated in this House on 17 July 2019 and made on 15 October 2019. The regulations concerning legislative functions transferred to the appropriate authority the functions of the European Commission in the EU INSPIRE directive and other directives. The functions transferred by those regulations in respect of INSPIRE are for the appropriate authority to make new sets of implementing rules and to revoke implementing rules that are no longer needed.

The SI debated today makes an amendment to the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019. This amendment means that the SI must be debated under the affirmative procedure. The amendment made to the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 is to correct a reference to an EU implementing rule which was directly applicable and is no longer needed. The reference is replaced with a reference to a new implementing rule, Commission Implementing Decision (EU) 2019/1372, which was made in August 2019.

At the request of the Scottish Government, similar amendments are made to the INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019. The amendments in the SI debated today are to incorporate into UK law new arrangements for monitoring and reporting on the use and implementation of the spatial data infrastructure established by the INSPIRE Regulations. There are no policy changes in these new arrangements, which are made to simplify monitoring and reporting of the use and implementation of the spatial data infrastructure and bring the UK legislation in line with that in the EU.

It was officials from my department who persuaded the Commission to introduce these new, simpler arrangements. During our membership, the UK was considered the leading member state on INSPIRE. The previous arrangements for reporting on implementation and use of the INSPIRE spatial data infrastructure had many faults. The report format was long and required an unnecessary level of detail which cost time and resources. Completed, the reports did not allow easy comparisons between member states’ efforts on INSPIRE, to ensure a level playing field.

The new system for reporting requires the Commission to compile and publish a “country fiche” assessment on how INSPIRE is being implemented and used in each member state. The “country fiche” highlights the progress on the various areas of INSPIRE implementation and presents an outlook of planned actions for INSPIRE implementation. It is a short, high-level assessment. Member states are then required to check their report at least once a year and update it where necessary.

Using the same system as our European neighbours to report on INSPIRE implementation after the UK has left the EU will mean that the UK can consider our efforts on our national spatial data infrastructure against those of our European neighbours. Environmental matters do not respect borders. By continuing to use the common standards of the INSPIRE spatial data infrastructure it will be easy for the UK to track and compare data from our neighbouring countries on, for example, marine matters and air quality.

This instrument makes a number of adjustments. Regulation 1 is the commencement and citation. Regulation 2 amends the new Commission Implementing Decision (EU) 2019/1372 on monitoring and reporting to incorporate it into UK law. Regulation 3 amends the INSPIRE (Amendment) (EU Exit) Regulations 2018 to update the reference to the new commission implementing decision. Regulation 4 amends the INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019. Regulation 5 amends the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 to update the reference to the new commission implementing decision. That legislation was debated in this House on 17 July and made on 15 October. The amendment made in Regulation 5 is to legislation that provides a function to legislate and means that the SI must be debated under the made-affirmative procedure. It has followed that process from the outset.

The SI was sent to the JCSI for pre-scrutiny and returned without comment. This SI does not change policy, so there was no statutory duty to consult on it. Defra officials have worked closely with colleagues in the devolved Administrations and have received their consent. In line with published guidance, there is no need to conduct an impact assessment for this instrument. This is also because there is no policy change. The territorial application of the SI is the UK, apart from Regulation 3, which applies to England, Wales and Northern Ireland, and Regulation 4, which applies to Scotland. There is only a positive impact on resources. Officials in Defra, the lead department for INSPIRE, are responsible for reporting on the use and implementation of the SDI, which is simplified. This instrument is purely to ensure that the UK INSPIRE regulations provide an operable legal framework going forward. There are no policy changes.

I beg to move.

--- Later in debate ---

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

I thank noble Lords who have contributed to this debate. Having left the EU, it is essential that we have operable legislation in place to allow UK spatial data infrastructure established by the INSPIRE directive to continue.

My noble friend Lord Naseby asked what difference there was between our approach and that in Scotland. Scotland’s legislation mirrors that for E, W and NI, so there is no other difference. As I mentioned, there are regular meetings between Defra and all stakeholders in the devolved Administrations. He also asked about costs. There is no cost to being in INSPIRE, although Defra has spent £3.5 million on new burdens. He asked whether we have contacted all normal stakeholders. Absolutely—Defra has been engaging widely with all appropriate and obvious stakeholders.

I am afraid I did not catch the question from the noble Lord, Lord Bhatia. My noble friend Lady McIntosh asked about the Environment Agency. The Environment Agency makes all flooding data available for free. She asked about the purpose of this change. The use case for INSPIRE is principally about environmental reporting. Beyond that, we are aware of some local authorities, particularly Manchester, using INSPIRE data for planning. The noble Baroness, Lady Bakewell, asked a similar question, so I refer her to that answer.

The noble Baroness, Lady Bakewell, also asked whether the data would be easy to access. All data has metadata on a catalogue published on data.gov.uk. That will include a link to the data, so it should be very easy to access. She asked about the impact on small business. There should be no impact at all on small business. We know that some small and medium-sized businesses provide some INSPIRE services. To respond to one of her additional questions, charities are not required to collect data. It is important to make the point that INSPIRE provides a framework; it does not require the collection of new data. All data comes from public authorities and relates to public tasks.

The noble Baroness, Lady Jones, asked why a previous iteration of the SI had been withdrawn in June 2020 and re-laid on 15 June, shortly after. The SI laid in early June 2020 contained two references to 31 March 2020 in new Article 9, inserted by Regulation 2. Having this date in the SI breached the prohibition on retrospectivity, as contained in Section 8 of the EU withdrawal Act. We could not require publication of the report before the commencement date of the regulations. To answer her question, this was a drafting error on our part, which the statutory instrument registrar confirmed we could not correct by way of a correction slip. He advised withdrawing the SI and laying an amended version with the new date of 31 March 2021 instead, which we did. The amended SI was re-laid on 15 June 2020 and it is the one we are debating. There were no policy reasons why the statutory instrument was withdrawn and re-laid. It was purely as a result of that drafting error.

I hope that I have covered most if not all of the questions raised. If there are any that I have left off, I will gladly write to noble Lords with answers. I hope that noble Lords fully understand and accept the need for these regulations. As I outlined, the SI updates earlier amendments made to UK INSPIRE legislation to reflect new arrangements for monitoring and reporting on use and implementation. It does not make any policy changes. The SI ensures that the UK has an operable legal framework for INSPIRE.

Motion agreed.

Tree Planting

Lord Goldsmith of Richmond Park Excerpts

Thursday 3rd September 2020 Lords Chamber

[Lord Colgrain]

To ask Her Majesty’s Government what steps they are taking to increase the rate of tree planting.

[The Minister of State, Foreign, Commonwealth & Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, we committed to increasing planting across the UK to 30,000 hectares per year by 2025 in line with the Committee on Climate Change recommendations. We are consulting on a new England tree strategy to drive this change in England and to shape the deployment of the £640 million Nature for Climate Fund. We recently made a £2 million joint investment in domestic tree nurseries with the Scottish and Welsh Governments and announced a Green Recovery Challenge Fund to support immediate environmental work.

[Lord Colgrain (Con)]

I thank the Minister for his encouraging reply. There is considerable enthusiasm across the country for this tree-planting initiative, but also some concern that the targets set are overambitious. Can he confirm that his department will do everything it can to reduce red tape and form-filling, within current schemes and the new ELMS, to encourage individual, corporate and local authority uptake? Can he also confirm that funds will be made available for the maintenance of trees and woods that are planted, so that those plantings can reach their full commercial and environmental potential?

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

My Lords, we have seen an increase in planting rates in England over the last year. They are up from 1,400 hectares in 2019 to 2,200 in this planting season but, as the noble Lord will acknowledge, that is a long way off from the target we have set ourselves by the end of this Parliament. We absolutely acknowledge that we need to ramp up rates, and rapidly. However, we have backed up that commitment with funding. The £640 million Nature for Climate Fund is part of that funding package. We are funding the new Northern and Great Northumberland forests; we have introduced a £50 million carbon guarantee. As he pointed out, the shift from the common agriculture policy to the ELM system will also provide support. We absolutely want to make that support as accessible and unbureaucratic as possible.

[The Lord Bishop of St Albans [V]]

My Lords, it is encouraging to hear about the progress being made, but we are fighting a losing battle if we continue to import saplings rife with diseases that then kill significant numbers of trees. Will the Minister update your Lordships’ House on the tree health resilience strategy and what other steps Her Majesty’s Government are taking to increase biosecurity?

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

Biosecurity is enormously important, not least because we are an island nation. We announced a £2 million partnership investment, which I mentioned earlier, alongside the Scottish and Welsh Governments. The Government support the Grown in Britain agenda and the Woodland Trust’s UK sourced and grown assurance scheme. Any initiatives which increase domestic production and grow more trees and plants in this country are welcome and will merit government support. In addition, for exactly the same reason, we are taking steps to increase demand for domestically grown timber. Demand massively exceeds supply in this country: we import 81% of the timber and wood products that we need, while only about 23% of homes in England are currently built with timber frames, compared to 83% in Scotland. We want to reverse that ratio as much as we possibly can to stimulate demand and the sector, while encouraging more tree-planting.

[Lord Cormack (Con)]

My Lords, while I appreciate my noble friend’s personal commitment, does he share my concern at the disappearance of ancient woodlands which will be consequent upon the building of HS2? Does he also guarantee that the new, threatened changes to planning law will ensure that development is concentrated on brownfield sites and not on places where trees could be planted, and that trees will be planted around new developments anyhow?

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

The Government are committed to protecting our ancient woodlands. Two years ago, in 2018, we strengthened the protection of ancient woodlands, ancient trees and veteran trees through the then National Planning Policy Framework. That framework also recognises the importance of community forests. Last year, we set aside and announced £210,000 to support the Woodland Trust and Natural England’s work to update the ancient woodland inventory, which we will need to protect that habitat. So far, £7 million has been committed to the HS2 woodland fund, supporting projects to restore, enhance and extend ancient woodland on private land or in partnership with multiple landowners. We have ramped up protection; that is also reflected in the Environment Bill, which will come to this House in a few months’ time.

[Baroness Boycott (CB)]

It is encouraging to hear of the Government’s tree-planting programme but the belief that new trees absorb more carbon than ancient ones is now proved wrong. With that in mind, what is the Minister’s assessment of the current rate of international deforestation and what will he and his department do to stop that? Also, will he ensure that in our future trade arrangements we take into account not just carbon sequestration and emissions reductions by the country we are trading with but what a country itself is doing about deforestation, because what one person does affects us all on this planet?

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

The noble Baroness makes a hugely important point. The picture for international deforestation is depressing; around the world, we think that we are losing around 30 football pitches-worth of forest every single minute. However, the Prime Minister announced at the end of last year that we are to double our climate finance to £11.6 billion over the five-year period and, even more importantly, that a major part of the uplift will be spent on nature-based solutions such as protecting forests and restoring degraded land. We are developing ambitious programmes around the world. Finally, relating to the last part of the noble Baroness’s question, we announced just a few days ago that we are consulting on a due-diligence mechanism, requiring those large companies which import commodities to do so in a way that does not also mean that we inadvertently import deforestation from countries that grow those commodities. It is a world first and if we get it right, as I have no doubt we will, other countries will follow. That could have a meaningful impact globally on deforestation rates.

[Lord Browne of Ladyton (Lab) [V]]

My Lords, the Minister admits that England is well below where it needs to be to meet its share of the UK’s 35,000-hectare target but Scotland is not. Scotland is living up to its commitment; it is the only part of the UK doing so. My simple question is: what is Scotland doing differently and why has the rest of the UK fallen so far behind?

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

There are many reasons. First, the noble Lord is right: Scotland is doing its bit. It is planting at a much higher level than we are seeing elsewhere. Scotland retains that ambition and it is a very good thing. The England tree strategy that was launched, the consultation part of which comes to an end in a week’s time, is clearly about England and not the whole United Kingdom. But we know that to deliver that manifesto commitment, which is a UK-wide commitment, we will need to work closely with the devolved areas and will certainly do so. Whatever lessons can be learned from Scotland, we will learn them.

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

My Lords, the Woodland Trust estimates that there are at least 20 non-native pests and diseases affecting native UK trees, six of which it says have reached epidemic levels, and a further 11 diseases that have not yet reached the UK. Can the Minister reassure the House that the Government have a robust strategy for ensuring that these diseases do not reach our shores and decimate our native trees?

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

This is a priority area for Defra, a department that I belong to. Yes, we are seeing increasing numbers of threats to our native trees. The whole country is aware of ash dieback and we expect a very large number of our ash trees to be infected and die. The good news is that they will not all die; we expect up to 5% of those trees to have a natural tolerance, so the UK Government are funding research into future breeding programmes for tolerant trees. We are also conducting the world’s largest screening trials and will plant the first of the tolerant trees this year. That is just part of our biosecurity focus in Defra and our plans to stave off the threat of tree diseases from this country.

[Baroness Redfern (Con) [V]]

My Lords, with the UK having one of the lowest levels of woodland cover of any European country, and as the England tree strategy consultation closes next week, will there be extra support for widening the eligibility criteria for the woodland creation grants as a bonus to the Government’s commitment to increase planting to 30,000 hectares a year by 2025?

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

We will use the outcome of the consultation—it is a genuine consultation; we know we need to hear from stakeholders across the country—to guide the manner in which we deploy the Nature for Climate Fund and ensure that it runs, in an effective manner, alongside existing sources of funding for new woodland. But given that we will be using public money, we want to achieve the biggest possible return. That means using those funds and the wider programme to deliver for biodiversity, people and climate change. Our strong default will be for mixed native woodlands and, in some cases, facilitating natural regeneration of land. It is incumbent on us, using public money, to get the biggest bang for our buck.

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

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

Biodiversity: Aichi Targets

Lord Goldsmith of Richmond Park Excerpts

Monday 20th July 2020 Lords Chamber

[Lord Oates]

To ask Her Majesty’s Government what progress they have made towards meeting the Aichi Biodiversity Targets.

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

My Lords, the UK assessment shows five targets on track and 14 targets progressing. The Government need, and are determined, to do more. We are playing a leading role in developing an ambitious new global biodiversity framework and putting nature at the heart of our COP 26 presidency, paving the way for transformative action to tackle biodiversity loss and climate change holistically. In England, we have announced significant funding and new legislation to transform how we manage and protect nature.

[Lord Oates (LD)]

My Lords, I thank the Minister for his Answer and welcome the progress that has been made, but does he recognise that we are still not making as much progress as we would hope on a number of targets, including targets 5, 10 and 15 on the degradation of natural habitats, the pressure on coral reefs and the contribution of biodiversity to climate change mitigation? Does he agree that local authorities up and down the country—such as South Lakeland District Council, which is working hard to increase biodiversity—have a key role to play? Can he tell the House whether his department intends to strengthen local authorities’ powers in this area?

[Lord Goldsmith of Richmond Park [V]]

We have expanded our protected areas at sea, provided new funding for woodland expansion, peatland restoration and nature recovery and increased significantly our funding for international biodiversity conservation. However, we acknowledge that there are ongoing declines in biodiversity in many areas, which is why we are driving an ambitious legislative agenda and backing it up with investment, not least the £640 million nature for climate fund. It is also why we are ramping up our global leadership in tackling climate change and biodiversity loss as two sides of the same coin.

[Lord Browne of Ladyton (Lab) [V]]

My Lords, in March 2019 the JNCC, which advises on progress towards targets, reported both a short-term fall in government funding for biodiversity in the UK and that, increasingly, it is difficult to assess data due to the tendency for Ministers to address multiple priorities with integrated funding on wide-reaching projects. What assessment is being made of the success or otherwise of this approach and how is it reported to Parliament?

[Lord Goldsmith of Richmond Park [V]]

One of the problems with the Aichi targets is that they are so open to misinterpretation or different interpretations. One thing that we are pushing hard for in the next round of discussions is meaningful targets where individuals, countries and businesses are aware of what they are expected to deliver. At the moment, it is possible for a country to sign up to the Aichi targets and to claim success even while very little changes. We are taking as prominent and as active a role as we can in the next round. One thing that the Prime Minister launched and that we are pushing for is the 30x30 campaign, getting as many countries as possible to sign up to a commitment to protect 30% of the world’s ocean by 2030, among other targets.

[Baroness Falkner of Margravine (Non-Afl) [V]]

My Lords, turning to the target on air pollution, will the Government reconsider their approach to fine particulate matter, whereby fuels used in wood-burning stoves are to be phased out in February 2021? Given the impact of Covid, does the Minister agree that the target needs to be brought forward in advance of this coming winter so that people at high risk are less susceptible to fine particulate matter pollution?

[Lord Goldsmith of Richmond Park [V]]

Defra is analysing all the available data on air quality, in particular the impact on air quality of the measures taken to protect people against Covid. I am not in a position unilaterally to declare that targets will be strengthened or brought forward, but I assure the noble Baroness that we are looking at the data and will act accordingly.

[Lord Duncan of Springbank (Con) [V]]

My noble friend will be aware that the Convention on Biological Diversity, due to take place in China this year, has of course been postponed. Can he comment on the implications of this postponement and commit to briefing the House at an appropriate moment this year about where we are going to go next?

[Lord Goldsmith of Richmond Park [V]]

As far as we can see, the postponement has not damaged the agenda, in the same way that our being given a few extra months to deliver the climate clock at the end of next year has given us more time to build up more coalitions to drive greater ambition and to push a much more radical agenda than I think we would have been able to had we been required to deliver to the old agenda. I very much hope that the same dynamic holds true for China’s hosting of the biodiversity COP half way through next year. The UK is working closely with China to ensure that the strongest possible framework is agreed. We are also keen that a bridge should be built between the biodiversity and climate COPs, as we regard a success for one as having a direct impact on the other and vice versa.

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

My Lords, target 13 is on the genetic diversity of farmed and domesticated animals. Strategies should be implemented for safeguarding their genetic diversity. However, published figures show a decline of some native animal breeds—pig breeds decreased from 170 in 2000 to 152 in 2018 and horse breeds from 178 in 2000 to 117 in 2018. What are the Government doing to ensure that a proper strategy is developed to meet target 13?

[Lord Goldsmith of Richmond Park [V]]

There is no doubt that monoculture is the greatest friend of pandemics and disease and that biological diversity is the greatest buffer and hedge against instability and the kind of dangers that we have seen materialise in recent months. Although the details remain to be worked out at the finest level, we are shifting from the common agricultural policy, where payment is based pretty much on the amount of land turned into farmable land, to a new system of environmental land management that rewards farmers on the basis of their delivery of a public good. That includes environmental stewardship, management of land to slow the flow of water and diversity of species. I very much hope that this move to ELM, which is a world first, will deliver the kind of results for which the noble Baroness asks.

[Baroness McIntosh of Pickering (Con)]

I am delighted that my noble friend has put nature at the heart of the Government’s biodiversity targets. Will he go one step further? Can we learn the lessons from Covid and accept that food security should be recognised as a public good in the Agriculture Bill?

[Lord Goldsmith of Richmond Park [V]]

The Agriculture Bill is winding its way through Parliament as we speak, being expertly delivered by my noble friend Lord Gardiner. The concern about putting food security as a public good is that we are trying to move away from a subsidy system based on rewarding landowners for converting land into land that can produce food. While on the surface, and when it was developed, the old system may have made perfect sense, it has proven to be disastrous. It is clear that the new system has to be designed to ensure that no public money is handed to landowners without a return of some form of public good. We have to be slightly careful about how we define public good and that work is under way. We certainly recognise the value of food production but, on the whole, that is recognised by the market, unlike the environmental benefits that we know landowners, more than anyone else, provide.

[Lord Alton of Liverpool (CB) [V]]

My Lords, with just 14% of UK species having had their conservation status assessed, but 21% listed as threatened, what are we doing to increase the collection of data and to accelerate remedial measures, not least for restoration, of at least 15% of degraded ecosystems, including peatland and woodland, as we are urged to do in Aichi target 15?

[Lord Goldsmith of Richmond Park [V]]

Measurement is crucial to understanding and delivering good policy, but it is not as important as the policies themselves. If you look at what the Government are doing as a whole, we have probably the most ambitious environmental agenda of any Government to date. We have the first Environment Bill in over 20 years. We have ambitious measures, including restoring and enhancing nature. We have just announced a £40 million green recovery challenge fund to help charities and environmental organisations to start work on delivering much of that environmental gain across England, restoring nature and tackling climate change. We are going to use the new nature for climate fund to deliver woodland expansion, peatland restoration and more. We have announced a tripling of Darwin Plus to protect our precious Overseas Territories. We are replacing the disastrous CAP system, as I just explained, with the new environmental land management scheme, which will be revolutionary for our countryside, and we now have 25% of the UK’s water in marine protected areas. We are making progress.

[Baroness Jones of Whitchurch (Lab)]

My Lords, when on 8 July I asked the noble Lord, Lord Gardiner, about progress in establishing the office for environmental protection to help deliver our environmental goals, he replied that

“we have always said that we will ensure that there are alternative arrangements if, given the position we are in, the OEP is not up and running by 1 January.”—[Official Report, 8/7/20; col. 1113.]

Can I ask the Minister what these alternative arrangements are?

[Lord Goldsmith of Richmond Park [V]]

The department on whose behalf I am speaking today is making progress in the construction, development and delivery of the OEP. As the noble Baroness knows, we need legislation and that requires the safe passage of the Environment Bill, which we hope to deliver in the coming months.

[The Lord Speaker (Lord Fowler)]

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

Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020

Lord Goldsmith of Richmond Park Excerpts

Friday 10th July 2020 Lords Chamber

Moved by

[Lord Goldsmith of Richmond Park]

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

Relevant document: 16th Report from the Secondary Legislation Scrutiny Committee

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

My Lords, the instrument before your Lordships, the Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020, is being made to restrict the supply of single-use plastic straws, single-use plastic-stemmed cotton buds, and plastic drink stirrers to end users. An end user is the final recipient in the chain who will use the item for its intended purpose—for example, a customer using a straw to consume a drink.

We consulted on this measure between October 2018 and December 2018. On 22 May 2019, the summary of responses and the government response were published. A full impact assessment covering straws, and two regulatory triage assessments covering cotton buds and stirrers, are published alongside the Explanatory Memorandum. These regulations are a devolved matter and this instrument applies to England only.

I first want to address an issue raised by the Secondary Legislation Scrutiny Committee, which has now been addressed in the Explanatory Memorandum. These regulations were initially laid in March this year and were set to come into force in April. However, in light of the unprecedented situation this country has faced due to Covid-19, they were delayed to reduce the burden being placed on industry and to avoid adding further demands on local authorities. We decided to delay entry into force for a short time, while we were at the peak of the crisis. Delaying these regulations was only a temporary measure in response to the crisis. Our commitment to turning the tide on the widespread use of single-use plastics is as strong as ever, as we seek to limit our impact on the natural world.

Turning to the purpose of this SI, the Government are committed to eliminating plastic waste and pollution. Single-use plastic items are increasingly common, and their use and inappropriate disposal continue to raise significant environmental issues. Unlike other materials, such as paper or wood, plastic can persist in the environment for hundreds of years. When released into the environment, items such as plastic straws can endanger wildlife and damage habitats, as small plastic items are often mistaken for food by animals. Furthermore, plastic will eventually break down into microplastics, ending up in our soils and seas and permeating our food chains. The full impacts of the dangers of microplastics are still being uncovered.

Even when some single-use plastics are properly disposed of, they will typically end up in landfill or go off to be incinerated, which releases carbon into the atmosphere. Straws, cotton buds and stirrers in particular are unlikely to be recycled due to their small size, as sizeable effort is required to segregate and clean them. Therefore, action is needed to curtail the use of single-use plastics and their release into the environment.

The proposed measures in the resource and waste chapter of our Environment Bill will transition us towards a more circular economy and change the way that we use and consume resources. We have already seen a drop in demand for plastic straws and pledges from a number of corporations such as McDonald’s, Waitrose and Tetra Pak to find sustainable alternatives. These new regulations will support the voluntary actions being taken by industry, led by the UK Plastics Pact, while ensuring that all businesses move to more sustainable alternatives. Our current data shows that we use a staggering 4.7 billion straws, 1.8 billion plastic-stemmed cotton buds and 316 million plastic stirrers every year in England. This SI will drastically reduce the use of plastic straws, cotton buds and stirrers by an estimated 95%.

This intervention is a strong marker of the Government’s intent to clamp down on single-use plastic pollution and protect our environment. It will spur industry to innovate in this space, developing innovative alternatives such as new reusable or paper straws. When taken in conjunction with other parts of our policy approach to move towards a more circular economy, this will be another landmark moment, following our carrier bag charge and microbeads ban.

Plastic is, however, an incredibly useful and versatile material; its strength and relative light weight means that it can have a vital role to play in a range of applications. For instance, plastic straws can withstand high temperatures, such as in tea or coffee, and can be manufactured to bend or fit a particular shape. This allows for those suffering from ailments, for example motor neurone diseases, who struggle holding cups, to access hot and cold drinks as well as liquid foods. Therefore, we have included exemptions within these regulations for straws for accessibility, forensic, medical, and scientific uses, and cotton buds for forensic, medical, and scientific uses as well.

Plastic straws will be available through pharmacies without any requirement for proof of need. This will mean that relatives, friends, and carers could buy them on behalf of those who rely on these items. Similarly, we are allowing for catering establishments, such as restaurants and pubs, that supply food and drink ready for visitors to consume to continue to provide plastic straws on request, again without any proof of need. In these instances, it will be against the regulations to display and advertise that straws are being supplied in order to limit the impulse for people to request them without a need for them.

The regulations allow business-to-business sales—for example, between a manufacturer and a catering establishment—to ensure that businesses can supply items to those who need them. We have also exempted other establishments such as schools, care homes and prisons from the restrictions on plastic straws so that they can be made available for anyone in their care who may need one. Finally, there is also an exemption for plastic straws that are classed as packaging—for example, some medicines in pill form are packaged in straws, to be dispensed one at a time. These exemptions for medical, scientific and forensic purposes will be reviewed and updated as we move forward and as new technologies and evidence emerge.

We are determined to get this right, and it is vital that businesses and the public are informed about what they can and cannot do. Local authorities are obliged to ensure that guidance is published ahead of these regulations coming into force. To ensure compliance, we have given trading standards authorities the power that they require for this type of restriction—for example, to enter and examine premises that they suspect are in breach of the law. Anyone caught still supplying these items against the rules set out in this legislation could face civil sanctions, such as stop notices or a variable monetary penalty.

Of course, we hope that those enforcement measures will not be necessary. Industry is already making good progress in removing these items from the shelves, and public demand for them is falling—but the regulations need to have teeth to show that this Government take the issue of plastic pollution seriously.

The new regulations send a signal to industry and the general public that we need to think carefully about the products that we buy and the materials from which they are made. The regulations will help people to make more sustainable choices, and I commend them to the House.

--- Later in debate ---

[Lord Goldsmith of Richmond Park [V]]

I thank noble Lords who have contributed to the debate today. In order for us to leave the environment in a better state than we found it, which is our commitment as a Government, it is essential that we have the right legislation in place to limit the impact of our use of resources on the natural world. Plastics cause incontrovertible harm to the marine and terrestrial environment and we need to act now. These measures are an important part of our wider strategy to tackle plastic pollution; they will serve as an important marker that our reliance on single-use plastics must be reduced.

I will do my best to answer the many questions raised throughout this fascinating debate. The noble Lord, Lord Oates, asked whether the exemptions were really necessary, and whether we could we not simply switch to biodegradable and other alternatives. The reality is that, until the technology becomes more reliable and improves, we believe that these exemptions are necessary. He asked, as did a number of other noble Lords, about the capacity of local authorities to enforce these new rules. I can tell noble Lords that my officials are working with MHCLG to complete a new burdens assessment on this new regulation. Any new burdens will be fully resourced.

My noble friends Lord Sheikh and Lady Hooper, and my near-neighbour, the noble Lord, Lord Holmes, all in different ways raised the international component of the issue that we are discussing. I emphasise that the UK has shown real global leadership. This is a huge problem: we are told that, by 2050, the oceans will contain more plastic than fish, as measured by waste. This is a really big issue. The UK has committed up to £70 million to boost global research and to support developing countries around the world to prevent plastic waste entering the ocean, as well as to develop sustainable manufacturing. This includes the Commonwealth Litter Programme, which is a £6 million programme supporting countries across the Commonwealth to develop national litter action plans, and the Commonwealth Clean Oceans Alliance. A technical assistance facility of up to £10 million has been made available to ODA-eligible members to support the implementation of the alliance’s many commitments. There is also the Global Plastic Action Partnership: the UK has committed just under £2.5 million to the World Economic Forum to help leading businesses to collaborate with NGOs and Governments to tackle marine plastic pollution—among many other things.

A number of noble Lords raised the obvious point that this is just one small step. The noble Lords, Lord Singh of Wimbledon, Lord Foulkes, Lord Mann and Lord Goddard, the noble Baroness, Lady Boycott, and my noble friends Lord Randall and Lady Gardner, all in various ways made the point that this is one step and we need many more. Of course, I and the Government recognise that much more needs to be done, and our resources and waste strategy clearly reflects that.

I would point out, however, that we have already introduced a world-leading ban on microbeads in rinse-off personal care products—it was a world first. We have reduced the use of single-use carrier bags by around 90% in the main supermarkets with the 5p carrier bag charge. We have committed over £100 million to support research and development around plastics, particularly the development of smart, sustainable plastic packaging, including alternatives to plastic. We have consulted on a suite of measures to reduce, reuse and recycle more. Among other things, we are creating a consistent service across England, ensuring that a minimum core set of materials is collected by all authorities. We are committed to reforming the current packaging waste regulations to financially incentivise producers to take greater responsibility for the environmental impact of the packaging that they put on the market.

We are committed to introducing a deposit return scheme for drinks containers in England and to introducing a new tax on plastic packaging that has less than 30% recycled content from April 2022, with any revenue from that going to fund investment in plastic waste and litter. We have also committed to removing consumer single-use plastics from central government offices; Defra, for example, one of the departments that I am representing here today, has already removed single-use plastic cups for sale within the department.

My noble friend Lord Moynihan raised a number of issues around extended producer responsibility and the merits or otherwise of biodegradable alternatives, a point that was also made by the noble Earl, Lord Clancarty. The Government are reviewing the implementation timeline for the proposed introduction of extended producer responsibility. It will be announced soon; I apologise that I am not able to put a date to that.

The thrust of our environment approach, and almost the most important part of our approach to tackling waste, is extended producer responsibility, which for the first time will place the lifetime responsibility for a product on the shoulders of those who manufacture that product. There is a massive incentive in there for manufacturers and producers of products to produce products that last or that can be easily recycled.

On the biodegradable alternatives, there is no doubt that innovative new packaging types could help reduce the environmental impact of plastic if it is disposed of in the right way. However, in the absence of clear standards, we are concerned that claims about the biodegradability of plastic-based products cannot always be verified, and in fact they are simply not always true. Defra and BEIS therefore published a call for evidence last year to help us look at standards or certification criteria for bio-based, biodegradable and compostable plastics, and to better understand their effects on the environment and our current waste system. We are currently analysing the responses that we have had, with a view to publishing a government response late in the summer.

The noble Baroness, Lady Brinton, congratulated the Government on the exemptions that were included and asked that I commit that we continue to consult with stakeholder organisations. That point was also made by my noble friend Lord Holmes and I am happy to make that commitment here now.

I was asked whether we would be issuing guidance to businesses on how to work with the new regulations and the answer is yes. Defra will publish guidance for businesses and put it on the government website, GOV.UK, to assist them in complying with these new regulations. Local authorities, which ultimately will enforce the ban through trading standards officers, will also be required by the regulations to publish guidance on enforcement, and we will help them to do so.

My noble friend Lord McColl mentioned the problem of microplastics and suggested that that was a more important issue to be spending money on than, for example, climate change. These issues are not mutually exclusive. It is impossible to tackle climate change responsibly without also tackling broader environmental issues and working with nature-based solutions, and it is impossible to restore and protect the natural world in the way that he implies, with which I strongly agree, without also tackling climate change. We have no choice but to tackle both of those looming crises.

On the specific issue that he raised on microplastics, we have introduced one of the world’s toughest bans on microbeads in rinse-off personal care products. Microbeads, like all other forms of microplastics, do not biodegrade; they get smaller and smaller and accumulate in the environment. Our ban has eliminated that avoidable source of plastic pollution.

The noble Lord, Lord McConnell, mentioned the problem of mixed waste. He is right: there is an inconsistency in the manner in which waste is collected. One of the things that we are committed to doing is ensuring consistency at local authority level. He also made the point that driving further with this agenda would be good as part of our green recovery plans, and I am pleased that the Prime Minister has made building back greener and better a key priority not only of this Government but in our international work as well.

The noble Lord, Lord Foulkes, asked when the second round of consultations would happen. That will be in early 2021. The noble Baroness, Lady Kennedy, asked whether we were still committed to introducing DRS. Yes, we are absolutely committed to doing so and I can give that commitment now. The noble Baroness, Lady Jolly, asked why we have not been bolder. I hope that the answers I gave to previous questions will have reassured her somewhat.

The noble Lord, Lord Berkeley, questioned the focus on something which represents a small percentage of the overall plastic problem. He is right, but 4.7 billion straws being used in England alone is not a small problem. Tackling these visible examples of what the noble Lord, Lord Mann, described as “our throwaway society” is, in itself, an educational process and alerts people to the problem of plastic more broadly.

The noble Lord, Lord Rennard, criticised the previous Prime Minister for using a derogatory term about environmental measures. Internationally, we have shown more leadership on climate change and environmental restoration than any country that I am aware of, doubling our climate finance to £11.6 billion, and leading the charge on making the case for nature-based solutions to climate change. We have a long history that we can be proud of. We were the first country to introduce legally binding emissions reduction targets and the first major economy to set net-zero targets by 2050. We are the top performer in the EU on resource efficiency and much more besides.

I recognise that I am running out of time. I apologise to noble Lords whose questions I have not answered. I have documented these and will write to them following this debate.

As I have outlined, the regulations will restrict the supply of single-use plastic straws, stirrers, and cotton buds; in doing so, reducing plastic pollution and its impact on the natural environment. We recognise that there is a great deal more to do and the Government are committed to doing so. We are taking steps to reduce our reliance on single-use plastics and to explore more sustainable alternatives. These regulations will help us achieve that. I beg to move.

Motion agreed.

Food: Chicken and Beef

Lord Goldsmith of Richmond Park Excerpts

Tuesday 7th July 2020 Lords Chamber

[Lord Lilley]

To ask Her Majesty’s Government what advice they give to British travellers to the United States of America on the risks of eating (1) chicken which has been subject to a pathogen reduction treatment, and (2) hormone-fed beef.

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

My Lords, the Government do not offer advice on this specific matter to British travellers. The Foreign Office keeps our travel advice under constant review and ensures that it reflects the most relevant risks to British nationals travelling overseas. All travel advice pages signpost to expert travel health advice from UK health bodies.

[Lord Lilley (Con) [V]]

Is not the real reason for not issuing a health warning that American chicken and beef pose no health risks? Indeed, there are fewer salmonella and campylobacter cases in America than in Europe. Has this scare not been concocted by anti-Americans who want to sabotage a potential UK-US trade deal? They will not succeed because 90% of US chicken is not washed with chlorine, which anyway poses no health risks, and American animal welfare standards are no lower than in eastern Europe, Thailand and Brazil, from which we currently import chicken and beef. Should we not focus on the opportunities a US deal could offer British farmers, manufacturers and financial services?

[Lord Goldsmith of Richmond Park [V]]

Each country must make its own decision on a range of issues based on its own individual circumstances and attitude to risk. As my noble friend will know, we have legislated by the withdrawal Act 2018 against the use of artificial growth hormones in domestic production and imported meat products. Our legislation also prohibits the use of anything other than potable water to decontaminate poultry carcasses. Any changes would require new legislation. It is important to note that the approach we follow in this country, which I believe consumers want, is one where animals are reared in a way that does not necessitate chlorine treatment to be made safe.

[The Lord Bishop of Carlisle]

My Lords, I am grateful for what the Minister just said. Can he tell us whether Her Majesty’s Government have conducted any assessment of antibiotic use among beef farmers in the United States? If so, what might be the potential implications for public health of beef imports following any future trade deal?

[Lord Goldsmith of Richmond Park [V]]

That is an enormously important point. I will have to get back to the right reverend Prelate with the precise data, but there is no doubt that we will need a big reduction in the use of antibiotics in farming globally. The UK is pushing hard for that, particularly on prophylactic or preventative use, where there are emerging links between overuse of antibiotics and antibiotic resistance, which can pass and spread to humans. There is a potential for overuse of antibiotics to represent the greatest threat to human health of almost anything else on the horizon. This is a priority area for the Government. We have been working extremely hard to reduce antibiotic use in this country and have succeeded in doing so, although there is more to do. We need to ensure that the same happens elsewhere.

[Lord Dobbs (Con) [V]]

Could my noble friend clear my muddled mind? Is it true that there is not a shred of evidence that washing chicken in chlorine is harming US consumers? Is it not true that here in the UK we wash fruit and vegetables in chlorine, as well as our kids in swimming pools? Is it not true that we put chlorine in our drinking water to keep us healthy? Surely Sherlock Holmes would conclude that this commotion is being pushed largely by those who have a political rather than scientific objective. They want consumers and taxpayers to pay for it. Am I anywhere near the target?

[Lord Goldsmith of Richmond Park [V]]

With respect, I disagree with my noble friend. There are many reasons to be concerned about the use of chlorine to wash chicken carcasses. One concern that has been raised and which I hinted at earlier is the process that necessitates the use of chlorine. In this country, our legislative approach requires the rearing of animals in such a way that they do not at the time of slaughter need to be washed down with chlorine to make them safe. The process matters as much as the outcome. That is the approach used in this country and across the European Union. Where produce in the United States meets a standard that is vaguely comparable with our own, we would be very keen to encourage and facilitate trade between our two countries for all the obvious reasons.

[Baroness Deech (CB) [V]]

Does the Minister agree that we need to push back against EU propaganda designed to frustrate our deal with the USA? The global food security index 2020, which is based on quality, affordability and availability, places the USA at number three in the world, with the UK at number 17 and many European states much lower down. It is Europe that saw the scandals of horsemeat, cooking oil, and tainted Perrier, Coca-Cola, eggs and baby milk because it is all regulation and no enforcement. Will he agree that US food standards are at least as good, if not superior, to our own?

[Lord Goldsmith of Richmond Park [V]]

On some areas I agree very strongly with the noble Baroness. As a champion of free trade, the Government absolutely believe that an ambitious free trade agreement is in both the UK’s and the US’s interests. It will help our economies bounce back following the economic challenges imposed on us by coronavirus. A UK-US free trade agreement will strengthen the economic relationship with what is, let us remember, our largest bilateral trading partner and create opportunities throughout the economy. For example, an agreement with the US could remove tariffs on British beef of up to 26%, which would be worth an enormous amount to our farmers. A free trade agreement could remove the 17% tariff on Cheddar cheese, for example. If a free trade agreement enabled just a 10% increase in exports to the US, that would result in an estimated £90,000 for the average cheese producer. The benefits are very obvious and we are passionately in favour of free trade. However, on standards, it is important that the imports that come into this country do not undercut unfairly our own producers, who are required to produce their food to very high standards in terms of the environment, health and animal welfare.

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

My Lords, does the Minister recall mad cow disease and when Edwina Currie resigned over the salmonella outbreak? That was in the days when Ministers resigned when they made a mistake. Will he confirm to the noble Lord, Lord Dobbs, and the whole House that chlorine washing chicken hides the bacteria? If the US trade deal goes ahead, what measures will be introduced to ensure the British public are kept safe from any of these threats from the United States?

[Lord Goldsmith of Richmond Park [V]]

As has been pointed out many times, we have already legislated by the withdrawal Act against artificial growth hormones and decontaminating poultry carcasses with chlorine. If we were to change that it would require legislation to be brought before Parliament. I have no doubt at all that Parliament would choose not to relax those regulations, and in my view rightly so. The Government have committed, as we did in our manifesto before the election, to ensuring that our high animal welfare and environmental standards are not undermined through the pursuit of free trade agreements.

[Baroness Northover (LD) [V]]

My Lords, as the Minister said, antimicrobial resistance is an exceptionally dangerous global risk. Given the size of the US economy compared with ours, and without the power of being an EU member, how does he think we can tackle this global challenge while seeking a trade deal with the United States?

[Lord Goldsmith of Richmond Park [V]]

There is without a doubt growing concern globally about overuse of antibiotics. I believe that more than half of all antibiotics in the United States are used on farms, in many cases to keep animals alive that would otherwise not survive the conditions in which they are reared. The same has been true for many years across the European Union, including in the United Kingdom, where we have also been guilty of massive overuse of antibiotics in agriculture. We have taken great strides, working with the industry, to reduce the amount of antibiotics used in agriculture. The same is true across some countries in the European Union, but not all. Global awareness is growing. I believe that coronavirus has lowered our collective tolerance for risk. The noble Baroness is absolutely right that this should be top of the health agenda.

[Lord Bowness (Con) [V]]

My Lords, I thank the Minister for his replies and for acknowledging that it is not only human health which concerns people, but the welfare aspects of the methods of keeping chickens and other animals and rearing beef. Can he again confirm that it will be a red line for the whole of the Government in any free trade negotiations with the United States that we do not change our standards? When we have completed those negotiations, will he also take on board that we need a robust statement on labelling so that customers know the methods of rearing and slaughter and can choose whether to buy?

[Lord Goldsmith of Richmond Park [V]]

The Government are looking very closely at labelling. It is a complex issue, but we are making progress and will be coming forward with something shortly. On standards, it is not so much that standards should not change but that we should always seek to improve the outcomes from an environmental health and animal welfare perspective. That could mean improving, changing or even streamlining regulations. We know that agriculture will be a tricky area, as it always is in free trade agreements, but we uphold very high food safety and animal welfare standards and we will not allow imports to undermine those standards. Our manifesto is clear that in all our trade negotiations, we will maintain our high environmental protection, animal welfare and food standards and we will hold firm in trade negotiations. That position has been reiterated time and again by the Government, not just by the department on whose behalf I am speaking today.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the time allowed for this Question has elapsed. I repeat the request that questions and ministerial answers be kept brief.

Fly-tipping

Lord Goldsmith of Richmond Park Excerpts

Tuesday 23rd June 2020 Lords Chamber

[Lord Trefgarne]

To ask Her Majesty’s Government what steps the propose to take to reduce the amount of illegal fly-tipping, particularly in rural areas.

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

My Lords, fly-tipping is unacceptable and the Government are committed to tackling this crime. We have given local authorities powers to issue fixed-penalty notices, seize vehicles and investigate and prosecute fly-tippers. Fly-tipping has reportedly increased in some areas and decreased in others during the Covid-19 pandemic. We have worked with local authorities and published guidance to support the reopening of household waste and recycling centres, with more than 90% of local authorities now providing some level of service.

[Lord Trefgarne (Con)]

My Lords, I am grateful to my noble friend the Minister for that reply. Is it not the case that, as he said in the Answer, a number of local authority waste disposal facilities have been closed in recent weeks, which has made matters worse? Can he use his influence with local authorities to reopen all the facilities that have been shut?

[Lord Goldsmith of Richmond Park [V]]

Based on the limited data we have—there is a not a huge amount—there appears to have been an overall increase in reports of fly-tipping, although, as I said, in some areas it has decreased. It does not necessarily mean that fly-tipping has increased across the country. The good news is that, as a consequence of recent changes, more than 90% of local authorities are now providing some level of HWRC services.

[The Earl of Shrewsbury (Con) [V]]

My Lords, does the Minister agree that it is grossly unjust that landowners should be fined and are also expected to bear the cost of disposal of materials illegally fly-tipped on their property? Illegal fly-tippers must be made to pay for this, not the landowner. It should include the seizure and disposal of their vehicles to help with remuneration.

[Lord Goldsmith of Richmond Park [V]]

We expect local authorities to investigate fly-tipping incidents on private land, prosecute the fly-tippers wherever they can and recover clearance costs wherever possible. On conviction, a costs order can be made by the court so that a landowner’s costs can be recovered from the perpetrator. Making landowners responsible for clearing fly-tipped waste ensures that there is no perverse incentive to dump waste and encourages them to take measures to prevent dumping on their land.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, are the penalties balanced correctly? On average, somebody is fined £450 for transgressing, but on average it costs the landowner some £800 to get rid of rubbish. Should we not have more council dumps? Would this not alleviate the problem in the first place?

[Lord Goldsmith of Richmond Park [V]]

The noble Lord makes a good point. However, the Government are very much taking action and, I believe, are on the front foot. The resource and waste strategy commitments include a whole raft of measures to make it easier for waste to be used as a resource and harder for it to drop out of the system illegally. The Environment Bill has several measures to help tackle waste crime generally and to ensure that waste criminals are held to account. We will deliver on our manifesto commitment to continue working with magistrates, the Sentencing Council and the Judicial Office to deliver tougher punishments for people who engage in fly-tipping. In addition, local authorities have enhanced powers to tackle fly-tipping, including powers to search and seize the vehicles of suspected fly-tippers, and fixed-penalty notices—as the noble Lord said—of up to £400.

[Baroness Crawley (Lab) [V]]

My Lords, following on from the question asked by the noble Lord, Lord Berkeley, does the Minister not agree that the number of recycling centres needs to be increased and that they need to be local and within easy reach of the public to encourage their use? What, then, is the Government’s response to the recent warning from Conservative council leaders that, without financial support, such services will have to be reduced on a grand scale?

[Lord Goldsmith of Richmond Park [V]]

We recognise that, as a consequence of a lot of the initiatives that are coming in on the back of the Environment Bill and the waste strategy, there will be greater pressure on local authorities to recycle. We will therefore require them to have a more consistent approach—for example, with a guaranteed collection of a wide range of recyclable products. Although we recognise that local authorities will need to scale up, we are also committed to ensuring that they will not face an extra cost as a consequence of that legislation. Therefore, whatever the additional cost to them, it will be recouped either from the producers of waste or from central government.

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

My Lords, since the advent of lockdown, there has been, as others have said, an increase in fly-tipping. Although local authorities are now able to open HWRCs, some have chosen not to, and those that are open will not take garden waste. Will the Minister now put pressure on local authorities to ensure that garden waste is accepted at HWRCs so that it is not dumped in our countryside?

[Lord Goldsmith of Richmond Park [V]]

As I said earlier, there has been progress in reopening facilities and the vast majority have now reopened. But we recognise that, for a whole host of reasons, local authorities are heavily stretched as a consequence of the impact of Covid-19. That is why the Government have announced £3.2 billion of additional funding to support them in responding to the pandemic, including in the core services that they provide in relation to the collection, processing and removal of waste. In addition, Defra has published guidance for local authorities on the prioritisation of waste collection services and managing household waste recycling centres.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, has there been a quantification of fly-tipping in rural areas since the onset of the pandemic and is there a comparative figure with this time last year?

[Lord Goldsmith of Richmond Park [V]]

We have limited data on the increase, but it seems to us that in a large number of areas across the country, both urban and rural, fly-tipping has increased. The Government’s approach is not to take over the control or management of waste in each local area but to set a clear legal framework, to write the rules and to ensure that, where people transgress, the enforcement powers are there for local authorities.

[Lord Lucas (Con) [V]]

My Lords, will my noble friend encourage local authorities to use the covert surveillance powers that they have, and will he make an assessment of whether the current level of fines is sufficient to enable local authorities to afford to do that?

--- Later in debate ---

[Lord Goldsmith of Richmond Park [V]]

My noble friend makes a very important point. Of course, it is up to local authorities, often working with the local police, to determine whether and where CCTV cameras, for example, should be placed. Defra is of the view that CCTV has an important role to play. We are also encouraging private landowners to consider installing appropriate deterrent signage, as well as CCTV cameras.

[The Earl of Erroll (CB) [V]]

Does not the high cost of the landfill tax and the complexity of waste regulations make fly-tipping the easy, and therefore the chosen, option? Some desirable activities such as building cannot avoid producing waste. Can we reduce the costs for small businesses and individuals by simplifying the regulations? Do people not respond better to incentives than to penalties?

[Lord Goldsmith of Richmond Park [V]]

I do not think that it is possible to avoid the perverse incentive for some to engage in fly-tipping while, at the same time, ramping up our ambitions in relation to the elimination of unnecessary waste across the system. The Environment Bill takes us much further in that direction, putting a huge onus on producers to take responsibility for the waste that they generate, abandoning all kinds of unnecessary single-use plastic items, introducing deposit return schemes and managing the export of plastic waste to countries that simply cannot cope with it. Alongside that, there will of course be some incentive for criminal activity, and that is why we are providing local authorities with the powers and tools that they need to eliminate, or at least minimise, that risk.

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

My Lords, does the Minister accept that many fly-tippers are repeat offenders and often operate as part of a criminal gang? What discussions have taken place with the Home Office to ensure that policing in rural areas is increased and that rural crime is at last taken seriously?

[Lord Goldsmith of Richmond Park [V]]

In addition to providing more powers for local authorities to tackle fly-tipping, including, as I said earlier, the power to search and seize the vehicles of suspected fly-tippers, and fixed penalties and so on, we have launched the Joint Unit for Waste Crime. Its purpose is not to deal with mundane or small levels of fly-tipping but to take on serious and organised criminality in the waste sector. That means bringing all the relevant agencies together and effectively stamping out the organised component of waste crime.

[Baroness Thornhill (LD) [V]]

In my experience, local authorities feel that an exceptionally high burden of proof is required to gain a prosecution. Since 2014, only two cases in the magistrates’ court have attracted the maximum fine of £50,000. Therefore, does the Minister agree that it is perhaps time to review the sentencing guidelines?

[Lord Goldsmith of Richmond Park [V]]

There has been an increase in the number of people who have been brought to justice on the back of fly-tipping, and that increase has happened year on year, so I think that we are heading in the right direction. In 2018-19, local authorities in England dealt with over 1 million fly-tipping incidents—an increase of 8% from the year before. Nearly two-thirds of that involved household waste but a very small component, around 3%, involved industrial-scale disposal of waste—of tipper lorry-load size or larger. Therefore, I think that the legal framework has been strengthened and it seems to be taking us in the right direction.

[The Deputy Speaker (Lord Bates) (Con)]

My Lords, I am afraid that the time allowed for this Question has now elapsed. We come to the second Oral Question, in the name of the noble Lord, Lord Collins of Highbury.

Food and Drink: Waste Prevention

Lord Goldsmith of Richmond Park Excerpts

Wednesday 17th June 2020 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what discussions they have had with publicans about the steps they are taking (1) to prevent the waste of, and (2) to find alternative uses for, any food and drink due to expire while the restrictions to address the Covid-19 pandemic are in place.

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

My Lords, we are working with WRAP and across the supply chain to help get surplus food to those who have a need. Defra has made £5 million available for the Covid-19 emergency surplus food grant fund to help redistribution organisations obtain, store and transport food from the hospitality sector safely and to ensure that valuable food supplies do not go to waste. The Government are in discussions with industry to explore the alternative options for the repurposing of spoiled beer.

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

My Lords, I thank the noble Lord for that reply, but is he concerned that millions of litres of beer had to be poured down the drain when the lockdown was first announced and many pubs continue to seek the approval of water companies to pour beer away when it could be used for other purposes? Further, is he concerned that when pubs eventually reopen, it will be local craft breweries that will have been the hardest hit by the lockdown, putting them at a huge disadvantage to the global brewing companies and affecting our local and national pub culture for many years to come?

--- Later in debate ---

[Lord Goldsmith of Richmond Park [V]]

I too am very concerned. There are 47,000 pubs across the UK and between them they have around 140 million litres of spoiled beer that needs to be cleared from pub cellars to make way for fresh stock. That is the equivalent of around 56 Olympic swimming pools. However, there are enormous difficulties in disposing of spoiled beer. The main obstacle is that beer containers must be removed from pub cellars, around three-quarters of which are subterranean. Most are designed to allow full containers of beer to roll into the cellar using gravity, and given that each one weighs around 70 kilograms, taking them back out is at least a two-person job. In the current conditions, that obviously presents logistical and health and safety challenges. It may be easier for pubs with street-level cellars to send full containers of beer for repurposing elsewhere. Defra and BEIS are engaging with the BBPA to ensure that pubs are being encouraged to do so. We are actively working on finding alternatives to simply disposing of beer down waste systems.

[Baroness Wilcox of Newport (Lab) [V]]

Since the pandemic began, single-use has increased, with all pubs, restaurants and cafes restricted to takeaway-only. This is being exploited by some companies, which claim that single-use—often single-use plastic—is the safest option. The science does not back that up because the virus can live on single-use surfaces as well as on reusable ones. What is being done to ensure that systems are in place to allow for reuse, recycling or composting and limiting the use of single-use plastic, especially in the light of the pandemic?

[Lord Goldsmith of Richmond Park [V]]

This is very much a concern for Defra and it is a priority area. As noble Lords will know, since the 5p charge was introduced, we have reduced the annual use of single-use plastic carrier bags by over 7 billion. We have launched the groundbreaking Commonwealth Clean Ocean Alliance. From October, there will be a ban on the sale of plastic straws, cotton buds, stirrers and so on. Further, our landmark Environment Bill is designed to shift the emphasis towards producer responsibility. It includes powers to charge for single-use plastic items, introduce deposit return schemes and manage the export of plastic waste.

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

My Lords, many publicans shut up shop once the restrictions were announced and are fearful that their businesses will not survive. Others began popular takeaway services and are buying only in limited supplies, including real ale, to meet the weekend demand. Some have taken the opportunity to redecorate their premises—something unthinkable during normal trading. Some wholesalers are offering a scheme whereby they collect out-of-date barrels and offer a replacement once pubs have reopened. Does the Minister agree that allowing pubs with gardens to reopen in July, ready for the summer trade, is vital not only for their well-being but for the mental well-being of the general public, who desperately need to socialise?

[Lord Goldsmith of Richmond Park [V]]

The Government absolutely share the concerns raised by the noble Baroness in relation not just to the pub sector but to almost all sectors of our economy. Clearly, we would like to return to vaguely normal conditions as soon as we safely and possibly can. The difficulty with assessing each and every premises on its own merits is that that prevents us looking at the cumulative effect of opening up seemingly safe premises across the board. The Government as a whole must add the cumulative effect of doing so and determine whether that takes us beyond acceptable safe limits. It is our hope that we will be able to return to normal as soon as possible, but we have to do so in a way that minimises the likelihood of a return to the heights of coronavirus.

[Lord Hayward (Con) [V]]

My Lords, I first declare that I was formerly the head of the British Beer & Pub Association, to which my noble friend has already referred. I ask him to add pressure to those voices we have already heard on the need to reopen pubs as a key element of providing community support within society. I remind my noble friend that it takes time to brew real ale, so we need not only urgent consideration of the decision to reopen pubs and restaurants but notice, so that those venues can be well prepared.

[Lord Goldsmith of Richmond Park [V]]

I very much note my noble friend’s comments and share his hope that we will be able to return to normal as soon as possible. Neither I nor the Government underestimate the value of the pub sector, not only to our economy but to our communities, for all the reasons the noble Lord has described. When we are likely to relax the lockdown restrictions in all such sectors is under permanent review.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, the whole food industry has obviously been disrupted by the coronavirus—we have seen millions of gallons of milk thrown away, as well as beer—so we have food shortages to look forward to. I note that the Minister said that he is working with WRAP, but how can we reduce food waste? That will be crucial.

[Lord Goldsmith of Richmond Park [V]]

The noble Baroness raises a hugely important point. In relation to pubs, the focus of this exchange, we in government are trying hard to encourage the repurposing of spoiled beer. There are vast amounts of it, as I have described. Two obvious alternative options for the use of spoiled beer are animal feed—the Food Standards Agency has confirmed that it is safe and can be handled appropriately—and redirecting it to anaerobic digestion plants. Not all the plants are designed to accommodate spoiled beer, but many can. We are working closely with the UK Former Foodstuffs Processors Association, the Anaerobic Digestion and Bioresources Association and other government departments to ensure that this happens. Of course, the same principle applies to food across the board.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, will my noble friend congratulate the water companies on working so closely with the British Beer & Pub Association? They have waived their fees and agreed to collective applications, which is very welcome. Surely to goodness a hoist could be in place, particularly for the smaller brewers, to enable the barrels to be removed. As my noble friend so rightly says, there is a willing market for them in anaerobic digestion.

[Lord Goldsmith of Richmond Park [V]]

I am happy to echo my noble friend’s thanks and congratulations to the water sector. Defra was pleased to confirm that it will waive the usual charge to publicans—around £1,000 to £1,500—for disposing of spoiled beer. It is also taking steps to streamline the beer disposal application process and minimise the administrative burden on publicans. Those steps include allowing bulk applications from pubs and redeploying teams from elsewhere in water companies to focus solely on processing applications from pubs. She is right to identify a possible solution to the problem of the weight of these barrels, which are hard to remove by hand, but other options are being explored as well.

[Lord German (LD) [V]]

My Lords, nearly £1 a litre of duty is being lost through ullage of beer and the problem of recycling is getting up to an industrial scale, so will the Minister use the duty on beer to look at the potential for industrial-scale recycling, particularly for the land-based and energy uses such as microbial fuel or biogas?

[Lord Goldsmith of Richmond Park [V]]

The noble Lord is absolutely right to identify those as useful alternatives. There are big markets for anaerobic digestion and animal feed, so there is no reason why the repurposing of spoiled beer cannot be managed on an industrial scale. Clearly, this took us by storm almost overnight and is a problem we have not had to deal with in the past. I will absolutely take his suggestion back to my department and the Treasury, which ultimately makes these decisions, and ensure that it is properly looked at.

[The Deputy Speaker (Lord Alderdice) (LD)]

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