Ivory Bill

Lord Grantchester Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018 Lords Chamber

Moved by

[Lord Grantchester]

38: After Clause 13, insert the following new Clause—
“Report on enforcement resources
(1) Within 12 months of section 12 of this Act coming into force, the Secretary of State must make an assessment of the resources available to enforce the prohibition.(2) The report must consider in particular—(a) the resources allocated or planned to be allocated towards enforcing the prohibition,(b) the potential impact of any change in resources so allocated or planned to be allocated, and(c) the impact on other law or border enforcement activities of the resources so allocated or planned to be allocated.(3) The Secretary of State must lay a report of the assessment under this section before each House of Parliament as soon as practicable after its completion.”Member’s explanatory statement
This new Clause requires an assessment to be made and laid before Parliament regarding the level of resources allocated or proposed to be allocated to enforcing the prohibition against dealing in ivory.

[Lord Grantchester (Lab)]

My Lords, I rise to move Amendment 38 in the name of my noble friend Lady Jones and to speak to Amendments 59 and 60 in this group. Enforcement is a critical part of achieving the aims of the legislation and must not be neglected. This proposed new clause would require an assessment to be made and laid before Parliament on the level of resources allocated, or proposed to be allocated, to enforcement of the prohibition in ivory dealing. The Minister’s department must demonstrate determination to enforce the provisions of the Bill to underline its commitment.

As noble Lords will appreciate, enforcement is a resource-intensive undertaking. However, many of the agencies and authorities we expect to be involved with enforcement of the Bill are already struggling. Home Office statistics show that the number of police officers fell from 143,734 in March 2010 to 123,142 in March 2017. The CITES Border Force team has just 10 members, who carry out more than 1,000 seizures a year, each one generating months of work. The National Wildlife Crime Unit has only 12 members of staff, including administrative staff, to cover the entirety of its work across the UK. The team not only carries out investigations referred from the Border Force but works right across all the UK wildlife crime priority areas, which is a significant remit outside CITES and includes domestic wildlife, bats, badgers, and prosecutions relating to birds of prey, freshwater pearl mussels and poaching. All of these sit within the UK’s strategic priorities, and the work of the National Wildlife Crime Unit is split right across all these areas.

Ivory products are the most popular wildlife item on the international market, despite a global ban on ivory sales imposed by the 180-nation Convention on International Trade in Endangered Species. This legislation could therefore increase the Wildlife Crime Unit’s work exponentially. A strong commitment to future funding is vital if that important work is to continue. We have heard that the funding is committed until 2020 but, beyond that, the National Wildlife Crime Unit has had no formal indication that there will be continued funding, which clearly causes concern. It is unable to plan or commit to long-term strategies. It is very difficult for any agency to form business plans when, in 20 months’ time, it may not exist at all.

The APHA, an executive agency with an existing wide-ranging remit, will be responsible for administering and enforcing the registration and certification scheme. The Minister has previously confirmed that the APHA will be responsible for conducting spot checks on items registered, to check for accuracy and compliance, and will be working with the police and others to enable them to carry out any enforcement and monitoring action necessary. This is a key and very necessary part of the regulations, so it should be carried out by skilled members of staff trained to identify ivory. Has the Minister’s department carried out a budget and manpower review of the Bill’s implications for the APHA?

Finally, the Minister has advised that the regulator—the Office for Product Safety and Standards—will also play a role in enforcement. There was very little scrutiny in the other place of why this BEIS agency has been selected to oversee most of the enforcement of the Act under civil penalty provisions. Will the Minister explain why the OPSS has been chosen, given that the Ivory Act will form part of the global wildlife protection legislation that is administered by Defra? The OPSS has no expertise in wildlife regulation and there is concern that it will be preoccupied by its other work. Will the Minister assure the House that there will be sufficient funding for specially trained and dedicated staff at the OPSS to work on enforcing the ban on dealing with ivory?

Will the Minister also spell out how the OPSS will operate alongside the police, the CITES border force and the National Wildlife Crime Unit? How will the responsible areas be defined and split between the agencies when the regulator will be in another department? Will the Minister explain how the enforcement will be structured? I trust that the Government will commit to ensuring sufficient manpower and resources, otherwise the Bill will be toothless and treated merely as non-binding guidance, and the public will interpret from this that the Government are not committed to taking the measure seriously.

Amendments 59 and 60 call for a report on the impact of the Act on the ivory market. I may respond later to the remarks from the noble Earl, Lord Sandwich, and the noble Baroness, Lady Sheehan. At this stage, I will comment only that Amendment 59 seems to focus more widely on the international market, whereas Amendment 60 in the name of my noble friend Lady Jones is focused on the domestic market—albeit that both call also for a report from DfID to be included explaining how the work of the department has contributed to the aims of the Bill.

In Committee in the House on Monday, the Government were conducive towards Amendment 35 on producing a report on exemptions to the ivory ban. They intended to share publicly information on how the ivory ban was working in practice. It seems logical to press the Government to go further and report more widely on the domestic ivory market as well and, by extension, include how the Department for International Development has worked with communities overseas that are on the front line in the battle against ivory poaching.

The proposed new clause in Amendment 60 provides for a practical analysis of the impact of the Bill in its ultimate purpose to reduce the illegal trade in ivory and to save the elephant from further slaughter. Importantly, the report should consider the impact on nations and communities that generate income from the trade, given that the Bill responds to calls from African nations that stand as one to demand an end to the market for ivory across the globe that fuels the drive for poaching. As we have argued throughout the passage of the Bill, reducing demand is the key tenet of a wider strategy. It will place the Bill alongside the activities of other nations to provide leadership on an international scale, which the Secretary of State can underline when he hosts the illegal wildlife conference in London in October. I beg to move.

[The Earl of Sandwich (CB)]

My Lords, I follow the noble Lord, Lord Grantchester, in speaking to Amendment 59. No one who listened to the Second Reading debate in another place can be in doubt of the Government’s determination to eliminate the criminal trade in ivory. This concerns at least three government departments. We have not yet heard from the international development side of the story and I have not so far spoken, but I will not delay the Bill by repeating what was said at Second Reading.

My primary interest is not in the ivory trade, although I sympathise with many of the concerns expressed, but in the communities where elephants and people live and how they will be affected—or assisted—by the Bill. Several MPs have tried to amend the Bill on their behalf and to widen it to include the protection of other endangered species, listed in CITES, such as rhinos and even tigers and snow leopards. I am not, however, going quite that far today. That is the subject of a later amendment in the name of the noble Baroness, Lady Jones.

People are saying different things on the Bill. In Committee, I have been struck by the occasional polarisation of opinion. For example, the noble Baroness, Lady Jones, said on Monday that she was protecting elephants, while the noble Lord, Lord Cormack, and others were protecting inanimate objects. My noble friend Lord Berkeley said that some of the resources required in monitoring the ivory trade would surely be much better directed towards the problem itself—towards protecting elephants and prosecuting the criminals who try to make money out of ivory. I sympathise with him.

Ivory may not be seen with quite the same reverence at a local level in Africa or Asia. Elephants, on the other hand, especially those that still have their tusks and their teeth intact, are highly respected. There are some robust programmes targeting poachers and dealers, many of whom, as in any crime, are inevitably seeking a way out of poverty. When it comes to the need for human survival, desperation can easily lure people into crime, so poverty alleviation and sustainable development must always be partners of human and animal rights.

One must not be too pious about this. We have to be aware that corruption goes a lot higher than poachers and dealers. In some communities, the elephant is quite unromantic and can become the enemy of development. I have witnessed a dangerous bull elephant in South Africa—I expect a lot of people have. Anyone in Assam will remind you that elephants never forget and wreak terrible and regular vengeance.

DfID already focuses on alternative livelihoods as part of the UK campaign to end the ivory trade. I warmly welcome that. All too often, criminal activity is seen as an easy alternative to low pay and lack of opportunity. There are many organisations tackling this, such as the African Wildlife Foundation, which combines preventing trade in ivory with development projects in local communities. The AWF, for example, has a programme to bring wildlife criminals to justice through the training of rangers and prosecutors. It has had much success with sniffer dogs at Nairobi and Entebbe airports. In the same region, the charity Save the Elephants has recruited Turkana and Samburu women to help to track elephants in its campaign to stop poaching.

The World Wide Fund for Nature has a worldwide scheme to support rangers who carry out essential protection of endangered species, directly benefiting local families as well as elephants. It is monitoring herds, training community rangers and protecting habitats. In safeguarding elephants, it is also helping to support local communities through measures to reduce human-elephant conflict and initiatives to support local livelihoods.

I recognise that the Government have made extensive preparations for the IWT conference next month, but DfID, since it works overseas, always appears to be a junior ministry in these joined-up initiatives. I have looked at its website in relation to elephants. Inevitably, there will be a lot of variety in different countries’ responses to the illegal trade and the conference will doubtless show that there is no simple development formula. This affects how you assess the effect of these programmes. There is no simple development formula beyond the rule of law but, knowing DfID’s investment in the programme, it would be reasonable to ask for some impact assessment.

All that I am seeking with this amendment is a recognition of the work of DfID and its in-country partners through an annual report that makes some assessment of success in both protection and development alongside trade bans. The Government have given huge sums to this and launched impressive targets, but it is important for us to judge how effective these targets are going to be and how they will benefit local people.

There was a degree of euphoria in another place during discussion of the Bill. The ivory campaign inevitably has widespread support on all sides. Nevertheless, we must be aware that, while we can and must reduce the international trade in ivory, the real problems are not taking place on this island and we need a formal assessment of the impact on the people most directly affected. I thank the Opposition Front Bench for presenting a comparable amendment and I hope that we can carry this through to later stages of the Bill.

--- Later in debate ---

[Lord Grantchester]

My Lords, I am grateful to the Minister. I apologise for any confusion. I was unaware that some of my remarks might have been covered in later amendments, so we look forward to understanding those a little better. On Amendment 38, we need to show commitment; the initial load may diminish after the bulk of the registrations has occurred. But we share with the Government the objective of making this legislation a success and the Minister’s confidence in the wildlife crime unit and CITES.

On the later amendments—which I will certainly not be moving—I listened carefully to what the Minister said. I reiterate that this is a clear opportunity for joined-up government to be demonstrated. However, I recognise that the work of DfID involves a wide range of other agencies. I stress again that the value of elephant tourism is extremely high, with an elephant worth 76 times more alive in the savannah than dead in the marketplace. I am heartened that the Government are showing commitment to closely monitoring the impact of the Bill on the international market and to working more widely with the agencies and communities that will be most affected by the ivory ban. I beg leave to withdraw the amendment.

Amendment 38 withdrawn.

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Moved by

[Lord Grantchester]

61: Clause 35, page 21, line 3, at end insert—
“( ) As soon as practicable after this Act is passed, the Secretary of State must consult on amending subsection (1) to include ivory from other animals and species including—(a) hippopotami;(b) narwhals; and(c) walruses.”Member’s explanatory statement
This amendment would require the Secretary of State to consult on extending the ivory ban to the other ivory bearing animals listed as soon as practical after the Act is passed.

[Lord Grantchester]

My Lords, Amendment 61 is also in the name of my noble friend Lady Jones. As drafted, the Bill has a narrow focus only on elephants. Labour believes that broadening the definition of “ivory” is necessary not only because many CITES species are at risk of becoming endangered but to prevent the narrow focus on elephant ivory, which may unintentionally displace poachers towards hunting other animals with ivory.

Like elephant tusks, hippo teeth are hard-wearing and can be worked into curios and ornaments. According to CITES, since 1975 more than 770 tonnes of hippo teeth have been sold, the bulk from Tanzania and Uganda. The black market’s insatiable demand for ivory has already turned towards hippos. Since the international ban on elephant ivory came into effect, they offer a cheaper and in many ways easier ivory option. Illicit hippo teeth are also far easier to smuggle because of their size and are subject to less protection and awareness. As a result, the number of hippos has declined by 12% to about 100,000 in the past decade—just a quarter of the elephant population. Experts have cited a rise in the demand for hippo teeth as the main reason threatening the mammal with extinction.

Narwhals and walruses are also now considered at risk of being near-threatened. In practice, this means that they could soon become vulnerable because of the changes in their natural environment and the impact of hunting. We need to be aware that this Bill could, counterintuitively, become a factor.

The Bill has a narrow focus on elephants. To speed it towards enactment, its extension to other species would be best enhanced through further consultation. In July, the Secretary of State recognised that consideration needed to be given to this extension, announcing a further consultation to extend the provisions in the Bill to include hippos, walruses and narwhal ivory. This amendment puts that commitment on the face of the Bill. I beg to move.

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[Lord Gardiner of Kimble]

I shall have to take myself on a course of expertise. If through use of this power it was deemed, because of the consultation and the evidence that we had, that other ivory-bearing species should be encompassed in some form of legislation—which would clearly come before your Lordships for affirmative resolution—there would definitely need to be some understanding on the part of the enforcement officers as to differentiation and whether certain other species should be added. However, I must not take myself down a route of conjecture, although it is very a very valuable and important point. Perhaps after the enactment I should undertake myself some better understanding of the definition.

We should not act unless we have informed evidence—I think this is a point my noble friend Lord Deben would very much approve—so we can make a proper decision on whether the scope of the Bill should be extended to another species. As noble Lords will be aware, as a result of the government amendment in the other place, this delegated power has been extended from applying only to ivory-bearing species listed under CITES to applying to any ivory-bearing species. The CITES-listed species are currently narwhal, killer whale, sperm whale, walrus, and hippopotamus. The amendment brought all ivory-bearing species—for instance, the warthog—into the scope of the delegated power. All those species are therefore in scope of the delegated power and may, therefore, be subject to an evidence-gathering exercise.

As I have said, we have committed to carrying out an evidence-gathering exercise on or as soon as practicable after Royal Assent. To clarify an important point, and reassure the noble Lord, the delegated power also enables the Secretary of State to take action in the future. That is very important because of what your Lordships have already said about the possible unintended consequence of other species becoming poached because of the elephant ivory ban. For instance, a subsequent evidence-gathering exercise could be carried out on the scope of the ban if necessary. This is an important element of us ensuring that, on all ivory-bearing species, we will have the ability to act through this legislation, although this legislation before us today is precisely about the African and the Asian elephant.

I hope that, with the explanation I have given, the noble Lord feels reassured that the Government are committed to carrying out an evidence-gathering exercise on or as soon as practicable after Royal Assent, and that this will consider extending the scope of the ban to other ivory-bearing species. On that basis, I hope the noble Lord will withdraw his amendment.

[Lord Grantchester]

I thank the Minister for that reply and recognise that the legislation contains the visions that he suggested, although it could perhaps be more emphatically stated. I appreciate his repeated commitment that the Government will follow up on the extension of the ivory ban to other animals through the consultation. With that in mind, I beg leave to withdraw this amendment.

Amendment 61 withdrawn.

Ivory Bill

Lord Grantchester Excerpts

Monday 10th September 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I have listened to the debate this afternoon with great interest. I have received briefings from the World Wildlife Fund and from the Environmental Investigating Agency, the Born Free Foundation, the David Shepherd Wildlife Foundation, the International Fund for Animal Welfare, the Natural Resources Defense Council, Stop Ivory, Tusk Trust, the Wildlife Conservation Society and the Zoological Society of London. None of them appears to agree with the previous speakers in this debate.

On Amendment 17, the size of the miniature should be defined in the Bill. Otherwise, arguments will arise as to exactly how big a miniature can be. It is important to have this defined in the Bill and not left to some arbitrary decision.

With reference to Amendments 18 and 19, many of the artefacts listed by the noble Lord, Lord De Mauley, are simply not in the same class as musical instruments, to which we will return in a later group. Musical instruments are used on a regular basis and are the tools of a musician’s trade and are not an item of antique beauty. They may be that as well, but their main purpose is as a tool of a musician’s trade.

I am disappointed that a university student should accept their fees being paid for by their grandparents selling an antique item which could have been decorated by the body of a dead elephant. I doubt whether many of their fellow students would find this acceptable. The noble Lord, Lord Cormack, believes that we live in a civilised society. It is still a civilised society that allows 50 elephants a day to be killed for their ivory. Whatever the percentage of ivory is set at, it will need to be examined and verified. I could not support, and nobody on these Benches could support, a 20% limit and certainly not a 50% limit.

[Lord Grantchester (Lab)]

I will speak on the amendments in this group. They are amendments to Clauses 6 and 10 regarding other exemptions to the ban on ivory sales and can be categorised as reducing the criteria and extending the number of ivory items that would escape the ban. We do not agree with these amendments.

--- Later in debate ---

[Lord De Mauley]

My Lords, noble Lords would expect me to deal with Amendments 25 and 27 in this group. However, they are almost identical to Amendments 21 and 23 respectively, which were in the last group that we debated. Normally in my experience it is Back-Benchers who try to degroup and the Government who try to group up, so this situation must be somewhat unusual. Noble Lords will be pleased that despite the Minister’s response, which did not really address the issues, I do not propose to make the same points again. Instead I will simply say that they apply here as well.

[Lord Grantchester]

My Lords, this group of amendments relates to the exemption definition of musical instruments with less than 20% of ivory content. The backstop date at which Asian elephants were first listed in Appendix I of CITES was 1975, before the poaching crisis of the 1980s. Evidence provided through the consultation, including from the Musicians’ Union, showed that that the vast majority of commonly played and traded instruments, including violins, pianos and bagpipes, contain 20% ivory or less by volume. Unfortunately, I understand that Northumbrian pipes would not qualify under this category due to their size. I appreciate the high esteem that these pipes enjoy and the passion with which my noble friend Lady Quin has spoken, but I gently suggest to my noble friend that there might be other ways in which that tradition can be kept alive for future generations. Instruments containing ivory can still be gifted, donated and bequeathed—perhaps, for example, to a dedicated local organisation or even the Northumbrian Pipers’ Society itself—to enable future pipers to enjoy their music. The region could also grant or fundraise for newly manufactured instruments to use ethical alternatives for ivory. I would like the Minister to confirm that that solution would be possible for the Northumbrian pipers. I also reiterate my previous comment that the registration of any exempted items, including musical instruments, is necessary to ensure compliance.

[Lord Gardiner of Kimble]

My Lords, this group of amendments relates to the musical instrument exemption. I say again that the formulation of the exemption has been extensively considered with the music sector. I think I am permitted as Minister to say that when I hear some of my noble friends, I wonder whether they have quite understood that much consideration has gone into the Bill and that the exemption package has involved a considerable amount of intricate detail.

I have never thought of myself as obdurate and I am not going to be so, but we have to go back to the rationale of the Bill, which is to have narrowly defined exemptions to what is a ban on dealing in ivory. If I may say so, my party’s manifesto in 2010 and 2011 contained a total ban on ivory. That is what we fought that election on. We have come forward with a package that we believe is appropriate and should be seen to be so. In all this, I am interested that so many of the people with whom we are working have recognised that the Government have sought to command this great rationale that we want from the Bill but are also seeking to find ways of common sense prevailing. I hope my noble friends will allow me to put on record that I actually do not identify with many of the comments that they have made about the Government’s intention and seeking to make life difficult; in fact we have sought to find a common-sense resolution.

The amendments include a maximum volume in cubic centimetres below which any item may be considered exempt, and propose we increase the volume of ivory allowed in an instrument to 30%. I make it absolutely clear again that the Government’s intention is not to impact unduly on the livelihoods of professional musicians or indeed amateur musicians. This exemption will allow musical instruments made before 1975 and containing less than 20% of ivory to be exempt from the prohibition on the trade of ivory in the UK. Furthermore, items used as an accessory to play a musical instrument—for instance, a violin bow—also fall within the definition of this clause.

In Committee in the Commons, Paul McManus from the Music Industries Association warmly welcomed the exemption under Clause 8 as it stands. Echoing the responses that we received through our public consultation, he stated that the majority of commonly played and traded musical instruments and accessories, such as the bows of stringed instruments, which my noble friend refers to in his amendment, contain less than 20% of ivory. We recognise that some items such as violin bows may be sold, and therefore need to be registered, in higher volumes. In designing the registration system, we are talking to a range of people likely to be frequent users of the system—for example, representatives from the Association of Art and Antique Dealers and the Music Industries Association—so that we can consider their needs. On the suggestion that we include a maximum volume in cubic centimetres below which any item may be considered exempt, I reiterate what I have previously said: I am afraid that an exemption of this type would act as a loophole for those wishing to export solid pieces of ivory to major-demand markets in the Far East.

I turn to the amendment in the name of the noble Baroness, Lady Quin. I am always conscious that when my noble friend Lord Attlee expresses support I am in for serious trouble. I respect what the noble Baroness and indeed the noble Lord, Lord Beith, have said about this matter. I would be interested to know about the numbers of instruments involved. If I am allowed to go off piste, I am going to ask my officials to ensure that there is a full and proper discussion with the Northumbrian Pipers’ Society about these matters. I hope your Lordships will understand that in saying that, I can give no promises because it would not be right for me to do so and indeed I am not in a position to. However, I want to ensure that the Northumbrian Pipers’ Society feels that after today it has had a proper session individually with officials so that we can understand the aspects of what the noble Baroness and the noble Lord have said.

Ivory Bill

Lord Grantchester Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 10th September 2018 Lords Chamber

Moved by

[Lord Grantchester]

35: After Clause 11, insert the following new Clause—
“Report on exemptions to the ivory ban
(1) As soon as reasonably practicable after the end of each calendar year, the Secretary of State must prepare a report on certified and registered exemptions to the prohibition; and—(a) lay a copy of that report before both Houses of Parliament, and(b) publish the report.(2) Subsection (1) does not apply in relation to a year if section 3 of this Act has not been in force at any time in that year.(3) A report prepared under this section must include the following information—(a) the number of applications received;(b) the number of applications rejected;(c) the number of appeals received;(d) the number of exemptions granted on appeal;(e) the number of exemption certificates and registered exemptions revoked; and(f) any other information that the Secretary of State considers appropriate.(4) The information listed in subsection (3) must be listed by category of item.(5) The Secretary of State is responsible for prescribing the categories referred to in subsection (4).(6) The Secretary of State is not required to include in a report any information that, in his or her opinion, it would be inappropriate to include on the ground that to do so—(a) would or might be unlawful, or(b) might enable the identification of the owner.”Member’s explanatory statement
This amendment would require the Secretary of State to prepare and publish an annual report on exemptions to the ivory ban. The report must provide statistical information about applications, appeals and revocations by category of item as determined by the Secretary of State.

[Lord Grantchester (Lab)]

My Lords, I rise to move Amendment 35 standing in the name of my noble friend Lady Jones. We need as much transparency as possible about whether this system that has been devised for granting exemptions is operating as intended. While the Government have committed to publishing headline figures about the number of exemptions granted, we believe that breaking down these figures into more meaningful categories of exemption and item type would provide us with important data and allow for confidence in the Act.

We recognise, however, that there is a balance to be struck between transparency and privacy, given that we have been led to expect that only a small number of items will be exempted on the grounds that they are the rarest and most important of their type and that it could therefore prove quite easy to identify these items and link them to certain individuals. When this point was debated in another place, the Parliamentary Under-Secretary of State, David Rutley MP, advised that it was unlikely the Government could publish more detail on the specific items exempted for data protection reasons but gave an undertaking to consider whether the headline figure could be broken down further to cover broad categories of items, such as statues, reliefs or furniture, for example.

Given that there was such an overwhelming support for a total ban, better transparency is needed on how the ban will work, how effective each exemption has been, and how workable the regulations and monitoring have proved to be. This amendment reflects the pledge by instructing the Secretary of State to prescribe the appropriate categories for the purpose of publication and specifically to preclude the release of any information that would be unlawful or might lead to the identification of the owner. I am sure the Minister will agree that such transparency can be assured through amendments such as this one. I beg to move.

[Baroness Vere of Norbiton]

My Lords, the Government are in full agreement with the principle of this amendment. We acknowledge the importance of transparency and providing information to the public. That is why, once the ban is in force, we intend to share publicly information on how the ivory ban is working in practice, as this will be essential to ensuring public confidence in the ban and the supporting systems. I therefore assure the noble Lord that we already intend to publish headline data on the number of registered items and exemption certificates issued and revoked each year, as well as the appeals, in line with the Data Protection Act.

Furthermore, regarding subsection (4) in the amendment, I confirm that we will further break down headline figures as far as we are able—for instance, to cover broad categories of items such as statues, reliefs and furniture. In light of these assurances, I ask the noble Lord to withdraw his amendment.

[Lord Grantchester]

I am very happy to receive such assurances and feel that maybe I have been the lucky one to be satisfied tonight. I am grateful to the Minister. Perhaps we can examine on Report how this may be put in the Bill so that more substance can be given to her reassurances. With that, I beg leave to withdraw the amendment.

Amendment 35 withdrawn.

Ivory Bill

Lord Grantchester Excerpts

2nd reading (Hansard): House of Lords
Tuesday 17th July 2018 Lords Chamber

[Lord Grantchester (Lab)]

My Lords, I thank the Minister for introducing the Bill and outlining its objectives and key clauses: he has made a very powerful case. This party is very pleased that the Bill is finally before your Lordships’ House today and I am honoured to lead on this Second Reading debate for this side of the House, as since early childhood the elephant has been my favourite animal. Elephants are majestic, social animals that have walked this earth for tens of thousands of years, and their existence is now threatened by man’s greed.

Labour Party policy is to introduce an ivory ban, as set out in our 2017 manifesto and restated in our animal welfare plan. The Conservative Party planned to ban the ivory trade in its 2010 and 2015 manifestos. After failing to act, it quietly dropped the pledge from its 2017 manifesto, but I am now delighted that this Government have had a change of heart and I commend the NGOs, charities and campaigners who have been pivotal in ensuring that this important legislation has now been brought forward.

The Minister said that the illegal wildlife trade has grown rapidly in recent years; this can no longer be ignored. It is now estimated to be the fourth-largest transnational illegal trade behind drugs, human trafficking and counterfeiting, and to be worth more than £15 billion annually. It is estimated that 100,000 elephants were killed by poachers between 2010 and 2012. Despite international efforts, around 20,000 elephants are still being killed every year for the illegal ivory trade—approximately 55 every day. According to figures collected by the Elephant Trade Information System, approximately 40 tonnes of ivory were illegally traded in 2016, the highest amount ever recorded. At that unsustainable rate, elephants are likely to be extinct in the wild within two decades. This is despite a ban on the sale of new ivory having been in place for more than 40 years.

The rapid decline in elephant populations demonstrates that the current legislation has failed to end the illegal trade. The existence of legal domestic markets has fuelled this trade by providing cover and reinforcing the high value of ivory across the world. Recently, China, Hong Kong and the United States have taken measures to ban the sale of ivory. As the largest exporter of legal ivory, Britain must now act urgently.

Ivory is an emotive topic for conservationists and antique dealers alike, and we believe the exemptions in the Bill strike the balance between being robust and being pragmatic. We welcome the de minimis exemption for items made prior to 1947 with less than 10% ivory content and the exemptions for musical instruments made prior to 1975 with less than 20% ivory content, accredited museums and items of outstanding artistic, cultural or historical significance. We will be pressing the Government to ensure that only the rarest and most important items of their type are granted exemptions and that an annual register of exemptions will be published to ensure transparency and public confidence in the ban.

Given that there is cross-party recognition that a comprehensive ban on the sale of ivory is necessary, we had looked forward to an amicable process that would enable us to pass this legislation swiftly. However, I am aware that some Members present are concerned about the limited exemptions for antique ivory and may question the relationship between ivory antiques and the illicit market and seek to dilute the tough provisions in the Bill. The Bill responds to the call of African nations that have grappled with the devastation of the illegal ivory trade over many years. Illegal poaching is serious organised crime that is decimating wildlife populations, threatening local livelihoods and fuelling further criminal activity including terrorism, with extremists using the money to fund their activities across Africa. I hope that as amendments are debated regarding the value and trading of antiques, the House will keep that at the forefront of the debate as the Bill makes good progress. The elephant and its conservation are the objectives.

While Labour wholeheartedly supports the ivory ban, that is not to say that the Bill cannot and should not be improved. It currently has a narrow focus on elephants, which ignores the poaching of hippos and other non-elephant species for their ivory. We believe that broadening the definition of ivory is necessary not only because many CITES species are at risk of becoming endangered but to prevent a narrow focus on elephant ivory pushing poachers towards other forms of ivory. The black market’s insatiable demand for ivory has turned towards hippos, which offer a cheaper and, in many ways, easier ivory option, given that there is now more awareness and legal protection targeted at elephants. Indeed, hippos have declined by 12% to about 100,000 in the past decade. We hope that the scope of the legislation will be extended to protect hippos, walruses and narwhals and welcome the Government’s commitment to put this out to a public consultation. This is important, given that there may be different consequences of banning certain types of ivory. For example, the Musicians’ Union has highlighted the use of mammoth ivory in instrument repairs over many years as a deliberate alternative to the use of elephant-derived ivory.

We would also welcome further consideration of how exempted items can be verified. Of the many submissions received on the Bill, one of the most interesting came from the Musicians’ Union. This brought up several issues concerning the documentation process for musicians, especially when travelling internationally for performances. We will also be looking to the Minister to provide assurances that the registration and certification scheme is not open to abuse. The Minister will be aware that legal CITES Article 10 certificates have been used to conceal illegal ivory in the past and that other certification schemes have been subject to fraud. We must not let that happen here.

We will also be pressing the Government to ensure that the threshold for the defence of ignorance is set very high. It is well known that illegal trade is fuelled by unscrupulous traders marketing ivory as bone, as ivory sourced from other species or as antique ivory when it is in fact new. The consultation received record responses, as the Minister indicated, which is indicative of public and industry awareness. The Bill will be greatly improved by the inclusion of a legal notice at the point of sale advising that the documentation is a legal requirement, and we will seek to introduce such an amendment in Committee.

Lastly, we are also keen to ensure that there are adequate resources for enforcing this new legislation. The National Wildlife Crime Unit will be directly responsible for investigating and for enforcing the legislation once it is passed, but at present it has merely 12 members of staff, including administrative staff, to cover the entirety of its work across the UK. What assessment have the Government made of the resource implication of enforcing the ban for the wildlife crime unit? We trust that the Minister will be able to give assurances that it will receive the appropriate funding necessary for its needs. In similar fashion, I ask the Minister to outline what plans the Government have for proactively policing and monitoring sales, including online activity, and what kind of resources will be needed. This will need to be explored in greater detail in Committee.

I extend my thanks to the many organisations that have provided submissions and briefing notes on the Bill. There is no doubt in the public’s mind that this is an important issue in desperate need of concerted national and international action. There must be a culture change away from ivory in a similar fashion to the changing perception regarding fur coats. It is a moral imperative.

These Benches are pleased to show cross-party support for this measure, which has been introduced in time for the Illegal Wildlife Trade Conference due to be held in London this October. It also needs to be most urgently brought forward for the elephant.

Agriculture: Gene Editing

Lord Grantchester Excerpts

Tuesday 6th March 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, we are in communication with the regulators in the countries that my noble friend has referred to and are aware of the decisions that they have made. Those decisions are made on a case-by-case basis and that is the approach that we are taking. We agree that gene-edited plants, for instance, which could have been produced by traditional breeding do not need to be regulated as GMOs. In fact, the Government intervened in the ECJ case. I am aware of what the Advocate-General said and thank the United Kingdom for the helpful intervention. We are now waiting for the court’s judgment.

[Lord Grantchester (Lab)]

My Lords, I declare my interests as listed in the register. As the Minister said, the European Court of Justice will certainly decide this year whether gene editing will fall under the EU’s genetic modification in agriculture regulatory framework. Bearing in mind the implications not only for agriculture but for food and the Irish border, is this not another reason to stay within a customs union, or will the Government wish to set a new framework in order to agree a trade deal with America?

[Lord Gardiner of Kimble]

My Lords, under the European Union (Withdrawal) Bill we will bring the EU regulatory framework into UK law. As I said, this matter is for consideration on a case-by-case basis. We already know that the John Innes Centre in Norwich, for instance, is undertaking work on oilseed rape. This is all about ensuring that the 15% to 25% of the pods that shatter are no longer shattered by gene editing. There are all sorts of ways in which we can gain enormous benefits from gene editing, and that is why I am encouraged by what the Advocate-General has said.

Environmental Permitting (England and Wales) (Amendment) Regulations 2018

Lord Grantchester Excerpts

Monday 22nd January 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for his helpful and constructive introduction to these regulations. As has been said, they bring into line medium combustion generators with larger ones. However, in applying these regulations to 1 to 50 megawatt generators, it has to be said that 50 megawatts would be capable of powering up to 8,000 homes. That is not a small undertaking and is therefore, quite rightly, worthy of regulation. This size is typical of the generators used, as the noble Lord has said, for a range of purposes including electricity generation, domestic and residential heating and cooling, providing heat and steam for industrial processes and so on. Generators of this capacity are inherently diesel or gas powered, and these regulations bring diesel down to the level of gas-powered generators.

The Government are rightly attempting to reduce the level of emissions in this country. Poor air quality is the largest environmental risk to public health in the UK. However, they are presently 10 years late in meeting air quality standards. Public health is at risk and there is no time to lose if the NHS is not to be overburdened with patients with respiratory problems. Government estimates show that in 2008, the number of deaths attributable to fine particulate matter—that is, poor air quality—was 29,000. In 2016, the Royal College of Physicians estimated that the cost of the health impacts of air pollution to the UK was £20 billion.

There are approximately 143,000 medium combustion plants in the European Union, with an estimated 30,000 in the UK. The increase in the use of such generators has been identified as a source of avoidable increases in national emissions. Many generator farms have been set up solely to sell electricity back to the national grid. While this is very enterprising, it is having an effect on the nation’s health. The National Audit Office identified in 2017 that the Government will not achieve compliance with EU limits on nitrogen dioxide until 2021, some 11 years later than the deadline of 2010. In 2016, more than 85% of air quality zones in the UK, 37 out of 43, did not meet EU nitrogen dioxide limits and government estimates show that all 43 air quality zones will not be compliant with the limits until 2026. The measures being taken today are a step in the right direction, but there is still much more to do, and faster.

While I am happy with agreeing to the regulations, I would like to raise a point about flooding. In paragraphs 7.9 and 7.10 of the Explanatory Memorandum, the regulations indicate that the Environment Agency can use enforcement undertakings for a number of activities. In those areas of the country prone to continual flooding, such as the Somerset Levels, householders and businesses are often flooded to varying degrees of depth. Many have standby generators to pump water out of their premises when levels do not subside in an acceptable timescale, and often much larger generators have to be brought in to ease widespread flooding. Will the Minister give a reassurance that in such cases, enforcement action would not be taken if the generator in use did not comply with the regulations we are approving today?

I fully support the move to improve air quality as indicated in the air quality strategy and agree that tackling the most polluting generators must come into line first. However, an FOI request in October 2017 revealed that the Government had spent £370,000 in unsuccessfully challenging two court claims that their plans to tackle air pollution were “illegally poor”. Was this a wise use of money and could it not have been better spent on tackling air pollution itself? It is important to ensure that enforcement powers not only continue to remain available to tackle pollutants, but that the culture shift we are beginning to see in government from defending flawed environmental policy to enabling and adequately funding the means to safeguard air quality moves ahead at a much faster pace. These regulations are a welcome step in the right direction and I support them.

[Lord Grantchester (Lab)]

My Lords, I thank the Minister for his introduction to the regulations before your Lordships’ House. I am also grateful to him for facilitating a meeting last week with his officials, Sejal Mahida, Andrew Baxter and Katie Doubleday, who explained many of the technical details and issues behind the regulations and the medium combustion plant directive.

Poor air quality is the biggest public health risk facing the UK. The Government’s slow and inadequate response to the situation has led to several infraction proceedings in the courts, brought by ClientEarth. As the noble Baroness, Lady Bakewell, has said, 29,000 people suffer prematurely due to problems from breathing poor-quality air. Children are also bearing the brunt of this air quality crisis, as the worst pollution hotspots often occur around schools due to the concentration of diesel fumes from vehicles discharging at idling speed at a low height, at which children are vulnerable.

The European Commission has recognised the seriousness of the situation and, from its review, published in 2013 the clean air package. It has issued various emissions directives concerning different sizes of plants. It is from the Government’s failures to meet air quality standards that ClientEarth has secured court rulings that the Government must bring forward and implement clean air strategies. It can be argued that this experience has highlighted the need to create an effective enforcement agency to assist Governments to meet their environmental responsibilities. It is to the Government’s credit that they have finally accepted this and will bring forward proposals for this new governance structure. Perhaps the Minister could say how the Government are developing their thoughts, what their proposals are and whether they will be ready by the time the UK leaves the EU.

It is to be recognised that the Government have consolidated previous amending instruments into the 2016 regulations. These regulations will continue the process of bringing these amendments into a single set of regulations. They will apply to combustion plants and generators, some of which will feed into the grid. There are 23,000 such plants and generators, which have proliferated in recent years.

Labour has been very critical of the Government for allowing polluting diesel to bid into the capacity market as this could be said to have contributed to the problem. Notwithstanding that Labour may not have allowed access to the capacity market, bearing in mind that both BEIS and National Grid are confident that there will continue to be sufficient liquidity and security of supply will be unaffected by this supply, it is nevertheless accepted that these amendment regulations fall outside the capacity market’s regulations and rules, and so are not strictly a relevant consideration and allow the capacity market the stance of technology neutrality. In allowing this diesel technology, it must comply with all the directives concerning emissions and air quality.

The important point highlighted by your Lordships’ Secondary Legislation Scrutiny Committee is that old and new combustion plants and generators must comply with the emission standards by the end of December 2018. This will avoid the unintended consequence that older diesel plants will not receive a competitive advantage from unabated emissions that new modern equipment has to adhere to. Labour supports the Government in that operators bidding for new agreements will need to meet the same emissions controls, irrespective of whether they are existing or new generators. In that sense it will be a level playing field.

I support the regulations before your Lordships’ House and welcome the early implementation of the higher standards being imposed from 2019. Indeed, from 2019 emissions will have to be reduced to the extent that emissions from diesel plants and generators will be on a par with gas. These amendment regulations will result in new agreements signing up to higher standards sooner. Existing and older plants will have to clean up sooner. It is recognised that the greater polluters—existing plants—are being tackled first to meet the standard achieved by newer plants.

While recognising that this will have an impact on several stakeholders, the explanatory documents underline the greater public benefit of air improvements, with savings to the National Health Service welcomed by several foundations including the heart and lung foundations. For this reason, we endorse the shorter timeframes coming into play and recognise that they will be significant in helping the UK meet its 2030 reduction targets.

Farm Support

Lord Grantchester Excerpts

Thursday 16th November 2017 Grand Committee

[Lord Grantchester (Lab)]

I thank the noble Baroness, Lady McIntosh of Pickering, for introducing this timely debate. She has set its parameters excellently. I also thank all other noble Lords who have contributed today. Time may preclude me being able to mention them by name, but I hope that I will echo many of their remarks. The debate will perhaps underline for the Minister what he has got right in the Government’s forthcoming agriculture Bill, what he may be doing ill-advisedly, and what he may have forgotten about. I declare my interests as a farmer in receipt of EU funds and having been involved in food businesses beyond the farm gate.

There is universal approval for the view that farm support involving public money must be given only in exchange for public benefit. Bearing in mind how fundamental to the well-being of many sections of agriculture is farm support, we wish the approach to be consistent and stable in securing farming’s future according a long-term economic plan. This is not what the farming community is hearing from the Government at the moment. Admittedly, agricultural policy, like most other policies, is not easy when the Government have many competing objectives. I trust that the Minister will outline which of his department’s priorities and choices the Government will commit to undertake in the agriculture Bill, and assure us that they will not be undermined by another Minister in the Brexit negotiations.

As part of public benefit, future farm support should reward responsible land use. With this being undertaken by farmers, it is recognised that stable support is needed against the rising volatility of market returns. Responsible land use also includes stewardship of the countryside and the environment and the welfare of animals. Fundamentally, responsible land use means protecting and enhancing our soils for future generations and for healthy foods. Measures are needed to improve soil nutrients and soil structures. The science around glyphosates needs careful attention so as to promote minimum tillage and least soil compaction from modern heavy machinery. Hedges, wildlife corridors and the biodiversity of songbirds and pollinators need significant measures in this respect. I would be grateful if the Minister could outline how this formulates into land management contracts and targeted stewardship schemes. What it must translate into is a strategic food policy that takes account of the diverse food chain to produce stable prices for consumers and enables the market to support the delivery of good food. I urge the Minister to look at policy measures that reward the value-added element of food products throughout the food chain. That should include the farmer and not merely reward the farmer as an ingredients supplier. I urge the Minister to insist on fair practices that will outlaw the transfer of risk down the food chain being borne by the farmer. These are elements key to lessen the dependency of agriculture on safety net measures.

The competitiveness of UK agriculture and a level playing field of food standards and regulation has been underlined by many noble Lords today. In this regard, support measures are needed to encourage food innovation, including innovation of processing, in the food chain. Research as well as knowledge transfer involved in training are consequentially important. However, we must not lose sight of the fundamental approach of maintaining a level playing field of food and environmental standards. Any industry is rightfully aggrieved to have to compete against lower standards that are cheaper or competition that is structured unfairly. I have a fundamental question for the Minister: post-Brexit, will the Government maintain parity of food standards between food imports and the standards that have to be maintained by the UK supply chain? This is of importance to both consumers and farmers.

My noble friend Lord Whitty spoke well and convincingly about the labour situation on farms and I echo his remarks. Your Lordships’ EU sub-committee has highlighted that agriculture is a devolved matter whereas trade policy is a reserved matter. Can the Minister update the House on aspects of trade tariff splits and support measures between the Government and the devolved Administrations in a still-to-be-determined amount of post-transition period farm support? Will the split between the nations in the UK be satisfactory to their farming characteristics and on a continuing percentage division? On governance issues, time prevents me from asking anything other than: have the Government firm plans to set up UK structures to replicate the EU institutions that currently underpin the regulatory system?

Outside the EU, the UK Government will still need to be mindful of WTO oversight of trade policy in relation to whether or not aspects of trade are distorting. They must be mindful of the long decision-making horizons of agriculture, food production and trade. My experience of re-engineering businesses tells me that two years for a transition period is likely to be very inadequate for changes in trade and agriculture practices to be made. I urge the Government to make incremental and progressive changes to safeguard jobs, communities and businesses.

We must keep two other key elements in mind. First, we must address the challenge of climate change and do all that we can to reduce and lessen its impact. Secondly, antimicrobial resistance—

[Baroness Stedman-Scott (Con)]

With respect, we need to make sure that the Minister has time to respond.

[Lord Grantchester]

I understand. I am sorry to go over by a minute. I was trying to close my remarks by saying that antimicrobial resistance is also a long-term issue to which we must pay attention.

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

Lord Grantchester Excerpts

Tuesday 17th October 2017 Lords Chamber

[Lord Grantchester (Lab)]

I thank the House for allowing me to speak momentarily in the gap. I had thought that my name was on the list to speak. I declare my interests as a dairy farmer receiving EU funds and having been chairman of a dairy farmers co-operative.

I thank the noble Lord, Lord Teverson, for his excellent introduction to the two reports and congratulate the committee on the comprehensive nature of both of them. They deserved separate debates for which Back-Bench advisory time could have been increased. I also congratulate the noble Lord, Lord Vaux, on his maiden speech.

The first issue is obviously support for single farm payments under the CAP. Average farm income is £38,000. I know that averages hide wide discrepancies between farms and the various sector differences. The AHDB Horizon report has indicated that this could fall to £15,000 under a poor outcome on leaving the EU. This underlines the key area of defining the support to be adopted following the ending of government commitments to fund the £3 billion of support that UK agriculture in its widest sense currently receives. To vulnerable sectors where direct support is a key part of revenues in beef, lamb and cereals, the economic survival of farming and the UK’s production of food is at stake.

The second key issue is that primary processing must be maintained in the UK and be competitive as much of agriculture’s perishable output is consumed within the UK. Ideally this should be UK-owned as, in that way, the decision-making is done from a UK perspective to UK-defined priorities.

The next issue is overseas trade where, in the UK, an overriding percentage, some 80% of agricultural product trade, is undertaken with the EU. The Government like to talk of free trade deals. Is it the measure of success whether it is free trade or not? I pose the question as trade seems to be spoken about only in terms of “free” trade, without qualification. Against the background where every trading bloc supports its agriculture, implications need to be examined and an equitable level field maintained. To leave the EU, the portion of tariff trade quotas needs to be split and then allocated. There is also the position of aggregate measures of support to determine.

It is not a wise, more a glib, retort to state that no deal is better than a bad one. It needs underlining most stridently that no deal under WTO rules is the worst possible kind of bad deal in any continuum of definitions. The belligerence being shown—that the UK must somehow have its own trade policy—must be tempered with reality. The US has already objected to the UK and EU’s representations to the WTO on splitting the TRQ between the UK and the EU. The European Union has answered that the EU and UK intend to maintain the existing levels of market access available to WTO members. Will that split happen at an average across all the agricultural sectors? As was discussed earlier, average settlement could distort or displease the various commodity sectors. A letter from the UK mission in Geneva suggests that a sectorial approach, based on historical trade and consumption patterns, will be pursued. Can the Minister confirm this? Can he also confirm whether it is agreed that aggregate measures of support may also be split and allocated to the UK, as the EU currently has an allowance of €72 billion, of which it uses only a small portion?

There is so much of importance in these two reports. I echo the conclusion that the UK must confirm and clarify continued support to agriculture on action-based measures for improved productivity across the industry sectors while delivering environmental benefits and enhanced production standards with high animal welfare assurances.

Air Quality

Lord Grantchester Excerpts

Monday 24th April 2017 Lords Chamber

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

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

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

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

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

[Lord Grantchester (Lab)]

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

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

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

[Lord Gardiner of Kimble]

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

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

Brexit: Environment and Climate Change

Lord Grantchester Excerpts

Thursday 23rd March 2017 Lords Chamber

[Lord Grantchester (Lab)]

My Lords, I am grateful to the noble Lord, Lord Teverson, and his committee for producing such a timely and authoritative report. It made the point clearly that the threads of EU environmental policy are woven through many aspects of the UK’s relationship with the EU. Not only did environmental policy play little part in the referendum campaign; I would hazard that no one made the environmental case for leaving the EU. However, I am glad that the noble Earl, Lord Caithness, stressed that we must have the confidence to press ahead.

The report is not a very comfortable read. In every aspect of withdrawal from the EU that the committee considered, the challenges and pitfalls remain as daunting as initially feared. Since Britain was branded as the dirty man of Europe, participation in the EU has produced a comprehensive framework that Britain has embraced and improved upon to bring about favourable environmental impacts across our daily lives. Leaving the EU will affect nearly every aspect of the UK’s environmental policy. That interdependence was highlighted by my noble friend Lord Judd, who asked several questions about what practical arrangements will come forward.

What is clear is that two years to resolve these daunting challenges is not very long if we are to provide answers on future policy direction and resources. It is also clear that Defra has had nearly nine months since the referendum and has not really laid out its thinking and approach to the task—other than to promise the great repeal Bill and underline certain fundamental basics, such as that the UK’s climate goals have not changed. The Secretary of State has explained that her department has eight different work-streams in its EU exit programme and is carrying out detailed analysis, ranging from market access and labour to trade and agricultural land use policy. She has also promised two Green Papers, on the future of food and farming and on the environment.

Perhaps the Minister can move forward from this position tonight and clarify at the outset the progress of this mapping exercise, when it will be finalised and whether it will be published. Has Defra been given the resources to deliver this and follow it through, with all its legislative implications, given that its budget was slashed by 30% by the previous Chancellor and it has been tasked with finding further savings of 15% by 2020? Has the Minister made any further request to the Treasury, beyond the meagre recruitment of 30 new posts?

If I have any criticism of the report, it is that it has been light on two important points: agriculture and climate change. However, I recognise that the noble Lord, Lord Teverson, said that agriculture will be the subject of a separate report, while the noble Baroness, Lady Byford, also referred to the interrelationship between farming and the environment. Paragraph 24 of the report mentions agriculture and fisheries in relation to the substantial environmental elements and significant cash-flow expenditure, signified in one bullet point in box 2 at paragraph 18. I draw attention to the significant role farming plays in managing the environment. After all, it has to look after its land resource for future generations. I declare my interest in a dairy enterprise in Cheshire which is in receipt of EU funds.

Agriculture is best placed to cherish the landscape and implement national priorities. The noble Baroness, Lady McIntosh, raised the importance of countryside stewardship in this regard. To do this, however, agriculture must be profitable. The Department for Business, Energy and Industrial Strategy has come forward with its industrial strategy, which was recently debated in your Lordships’ House. Yet in that strategy document, there is no mention of agriculture. Can the Minister underline tonight the Government’s commitment, beyond the statement that there is rural-proofing across all government departments?

I would also mention the importance of better regulation—not to be confused with deregulation—which will need to be constantly under consideration. My noble friend Lord Hunt spoke about all the organisations that need to co-ordinate and maintain standards through better regulation, while the noble Baroness, Lady Featherstone, also spoke strongly on regulation, especially in regard to energy considerations.

I mentioned that agriculture must be profitable, and I need not remind the Minister that much of agriculture would become uneconomic without subsidy. The Government have not yet come forward with proposals for funding agriculture post-exit, around 2019, a point underlined by the right reverend Prelate the Bishop of Leeds. This will be fundamental to food policy, the food chain and the food industry, which accounts for 6.8% of GVA and is the UK’s fourth-largest exporting sector. Funding and food prices are intrinsically linked. Volatility in finance and extreme weather patterns were the subject of an interesting Global Food Security report on the resilience of the global food system and environmental tipping points. I was interested in the remarks of the noble Lord, Lord Krebs, given his perspective as chair of the adaptation sub-committee of the Committee on Climate Change. At the heart of the EU’s environmental policy is the precautionary principle. When this is repatriated into UK law, the Government will face the challenge of whether it is to remain hazard-based or become risk-based. On this will depend the outcome of the great royal debate about whether the genetic modification of organisms will be permitted. This will have a significant impact on the environment regarding what sprays will be permitted and whether they can be incorporated into seed to save the environment altogether.

I underline the critical importance of climate change and its impact. Although it is mentioned in chapter 6 of the report, it is only really examined in paragraphs 134 and 135 with regard to the EU ETS. While the report is correct to underline that climate change is a global issue that transcends the EU and that the UK is a party to international agreements, the noble Lord, Lord Teverson, will appreciate that there are doubts about whether the UK is on track to meet the sixth carbon budget and the EU renewables energy directive, which requires the UK to reach an overall target that includes transport and heat as well as electricity. The noble Lord, Lord Krebs, and the noble Baroness, Lady Featherstone, also spoke eloquently on the challenges. The noble Lord, Lord Teverson, and the noble Baroness, Lady Featherstone, will remember that it proved extremely difficult to get the Government to set a decarbonisation target for 2030.

The debate this afternoon has highlighted the many concerns raised in the report. The Minister will know that there is widespread concern about the process of consolidation into the great repeal Bill. The House of Commons Library has identified 922 agriculture, 1,122 fisheries and 527 environmental instruments, regulations and laws which will need to be consolidated. Two questions arise. First, how will the Government define what is practical and appropriate and will this test be applied separately to each regulation? Several speakers have drawn attention to this in the debate. Secondly, as Labour has continually emphasised, the great repeal Bill is not a substitute for proper accountability and scrutiny, so will the Government commit to provide draft versions of the Bill as negotiations progress, so that we can be assured that current levels of environmental protection are at least being maintained?

The determination to pin the Government down on this issue sadly arises because they have not always lived up to their rhetoric on environmental issues. Their mantra is that they will leave the environment in better shape than they found it, but on issues such as air quality, they have failed to act, despite two court judgments. As a result, people being forced to breathe dirty air has led to an estimated 40,000 early deaths. The UK is still expected to have illegally high nitrogen dioxide levels in many areas in 2020. The Government still have some convincing to do regarding their real commitment to environmental improvements. Leaving the EU could give Ministers leeway to set more lenient targets.

Our second area of concern is the weakening of enforcement mechanisms in UK law. Currently, as the report identifies, the EU Commission enforces the environmental legislation through its many functions, including by monitoring progress, providing guidance and interpreting legislation. A whole range of accountability mechanisms are potentially at risk as we leave the EU. Historically, both the Commission and the Court of Justice of the European Union have had a strong impact in ensuring the UK’s compliance with EU legislation that affects environmental protection. Earlier this week, the Environment Agency brought a successful prosecution through Aylesbury Crown Court against Thames Water, resulting in a record fine of £20 million for six pollution incidents. Can the Minister say whether this sets any precedents for dealing with more general environmental issues? More importantly, will the Government, who are sometimes at fault rather than a company, face a similar course of action if they fail to meet their responsibilities? Does the Minister accept that the Government will need additional enforcement mechanisms to fill the gap left by the Commission? Does he accept that a clear framework has to be set while negotiations are ongoing to ensure that the UK’s environmental standards are maintained?

The effectiveness of the EU regulatory regime is due in no small part to the deterrent effect of the power of the EU institutions to hold member states to account and to levy fines for non-compliance. In addition, every year, Defra faces challenges of disallowance and even infraction should it not implement the policies correctly. An effective and independent domestic mechanism will be necessary to ensure compliance by government, public authorities and farmers in undertaking their environmental obligations. The noble Baroness, Lady Sheehan, underlined these concerns in her remarks, which were echoed by the noble Lord, Lord Trees.

Our third concern is the future funding of environmental and climate change initiatives and institutions. Although the Government have committed to continuing research funding until 2020, this is a short-term commitment in research planning terms, and so far there has been less of a guarantee of continued funding beyond 2019 for other crucial projects. There is a real danger that bids for government funding post Brexit will be competing for a shrinking pot and that the environment will not be deemed to be a priority. There is a real concern that Defra will not have a seat at the top table when some of these difficult choices are being made. I hope the Minister can confirm that Defra will establish clear objectives for future environmental protection in the UK and will be determined and committed to delivering the level of resources necessary to deliver this. The noble Lord, Lord Rees, made a powerful speech on the Copernicus programme and the UK’s continuing participation in it.

Fourthly, the report identifies the complexities of managing future environmental planning in the context of the devolved Administrations within the UK. Currently, there are differences in environmental and climate change policies between them: for example the Administrations have either legislated their own climate change targets or created their own Act. This difference is likely to increase once we have officially left the EU, and the requirement to act in conformity with EU law is lifted. It is therefore vital that the devolved Administrations and the Government should achieve an appropriate level of policy co-ordination, while still allowing for some distinction to reflect local or regional circumstances. Can the Minister reassure us of the department’s intentions to meet with the devolved bodies frequently during the Brexit negotiations to ensure that the demands of each devolved Administration are properly reflected?

Finally—your Lordships will be glad I have said that word at this late time, and I am sorry I have taken so long—it is crucial that we have a coherent plan to combat climate change once we leave the EU. Up till now, the UK’s contribution to the global debate has predominantly been as an EU member, and historically the EU has provided leadership in shaping the mechanisms that it has introduced to meet collective targets. The report rightly recognised that we will lose our place in the EU negotiating team, and we run the risk of being sidelined unless we can ally with a new bloc.

Several questions arise as the UK will no longer be required to meet all the EU’s targets for renewable energy. Once outside the EU, the UK will not be compelled to report to it on its annual emissions or to submit plans to the EU for corrective action if the UK misses the 2020 targets for reducing emissions. The withdrawal process will need to establish the UK’s obligations under international law, separate from the EU. Can the Minister outline what the Government’s intentions are in this respect?

The election of President Trump has raised the stakes on this issue. The noble Lord, Lord Rees, has argued that the UK needs to find a way to play a continuing role of influence. While the US Administration have yet to provide clear policies on climate change, the President has threatened to remove the US from all international climate treaties. This puts a renewed onus on the UK to set out clear policies and be a leader in combating climate change. I would be most grateful if the Minister could outline how the Government intend to respond to this challenge.

This has been a very well-informed debate. It has highlighted the importance of certainty and consistency for institutions, businesses and investors. It is clear that there is a great deal of interest in the progress of discussions both inside and outside this House. Parliament will want to continue to play its part in shaping the outcome. I hope the Minister is able to confirm that all sides of the House will have a full and meaningful role as negotiations commence. I look forward to hearing how he thinks this will best be achieved.