(1 month ago)
Lords ChamberTo reiterate, the Environment Agency has secured prosecutions. In the three years to March 2026, there were 234 prosecutions against waste criminals, resulting in more than £2.2 million in fines, 22 immediate custodial sentences and 60 suspended sentences. We are also working with the EA to enable earlier intervention. The EA has implemented a target time of 48 hours for attendance at reported illegal waste sites assessed as potentially significant and is expanding its use of restriction notices. We are taking this very seriously and we are working directly with the Environment Agency to make sure that it does what it needs to be doing.
My Lords, does the Minister not accept that the dumping of illegal waste is a direct result of the quite high charges that are made for dumping legally? Should not some of the money raised from legal dumping be allocated to clearing away illegal waste?
I am not sure that the right expression is “legal dumping”; I think it is “sending things to the correct place for it to be dealt with and managed”. The big problem is that it is now attractive for criminals to make money out of, and that is what we need to stop.
(2 years, 5 months ago)
Lords Chamber
Lord Douglas-Miller (Con)
My noble friend makes a very good point on the involvement of private companies. It is one of the Government’s aims to involve them more and get a bigger response from them shortly.
My Lords, I have raised this with my noble friend before. Wildfires are one of the greatest dangers to our peatlands. They get very much worse when heather is allowed to grow out and become hard and woody. Then, during a drought you can have a fire that lasts for six weeks with endless fire engines being deployed and the peat still burning underneath, as happened on Saddleworth Moor. Does he not recognise that this is one of the greatest dangers to our peatlands?
Lord Douglas-Miller (Con)
My noble friend makes another very good point on the use of a range of different measures for protecting our uplands from wildfire. We have in our armoury, if you like, the ability to cut heather, and we still allow people to burn heather in certain areas and, in particular, to use that as a defence against wildfire.
(2 years, 5 months ago)
Lords Chamber
Lord Douglas-Miller (Con)
I thank the noble Earl for his question; it is extremely relevant in the current climate crisis. Wildfire represents a serious threat to large parts of the UK—not just England but the whole of the UK—and the Government are extremely supportive of any measures to address the issue. I will come back to him in writing on his specific question.
Does my noble friend the Minister accept that, if heather is allowed to grow out and become woody and large, we will have more wildfires destroying peat and so forth? The answer is to regularly burn heather. What plans does my noble friend have for this?
Lord Douglas-Miller (Con)
Heather burning is quite a niche area, but I know a little about it. I am conscious that there is a balance between mitigation and adaptation, and heather burning fits neatly into that space. The science is developing in this area, and at the moment it is a little ambiguous and unclear on precisely what we should do. We should allow ourselves a little more time and conduct a little more science, and use that evidence to lead us down the appropriate route.
(3 years, 1 month ago)
Lords ChamberMy Lords, this is a very bad Bill because, while we all support what it is trying to achieve, which is to ensure that endangered species of animals do not become extinct, it will actually achieve the opposite if it takes effect in the way that is intended.
I am going to talk about Africa. I shall start at the beginning. Population growth is finally stabilising in this world. It will probably top out at about 9 billion. One of the reasons for that is that, with better health services in China and the one-child policy, it looks as if the Chinese population is not growing any more, and India is closely following. The exception to this is Africa, where, for many reasons—I suspect it is the inadequacy of health services as much as anything—populations are still growing exponentially. I shall therefore concentrate most of my remarks on what is happening there. There are trophy hunters who export trophies from countries such as Pakistan, Turkey, Mongolia and indeed of course the United Kingdom. As many people have mentioned, we export a large number of trophies, mostly from people who have shot red deer.
I would love to be able to say that I am not a trophy hunter and it has never appealed to me as something I want to do, but actually I have shot a significant number of red stags in Scotland and have on occasion taken their horns down to England, where I live. I therefore suppose I have to qualify as a trophy hunter—it is quite difficult to say that I am not one—but it has certainly never appealed to me to shoot a magnificent beast in Africa. But, of course, it does bring significant income into those countries.
As we know, the growing populations of many of these African countries mean that the demand for land is getting greater all the time. You preserve endangered species from the predations of man only by having conservation areas, and they cost serious money to maintain. Indeed, where the whole essence of a conservation area breaks down in civil war, of which Africa has had far too much experience, invariably what happens is that poachers run wild, the predations of man get much worse and endangered species decline as a result. So we must do everything we can to ensure that as much finance finds its way into these areas as possible. For that reason, if we have qualms about trophy hunting in these areas, we should suppress them, because it is channelling funds into areas of Africa where they are most desperately needed—and where in many cases the populations of endangered species are actually growing rather than shrinking, which is an essential requirement if we want to ensure that they do not become extinct.
A noble friend of mine who has now left this House produced a special breed of pig. He always said that if you wanted to keep a special species of pig, the best thing to do was to eat it. I am afraid we have a very complicated relationship with animals, because we do eat them in prodigious quantities, and for that they have to be slaughtered. We cannot get away from that contradiction, with which we live in this country, and our complicated relationship with animals, because at the end of the day we have to manage wildlife in a way that keeps them in existence and enhances their prospects of living on this planet with us. If we do not do that, we will lose everything.
(3 years, 1 month ago)
Lords ChamberThrough our direction to Ofwat, the Government have made this an absolute priority. The latest figures show that three-quarters of companies are meeting their leakage targets and some have reduced leakage by more than 10% in the past two years. We will continue to crack down on the amount of water lost through leaks with targets; we expect leakage to reduce by 16% by 2025.
The noble Baroness, Lady Boycott, is obviously right when she says that water supplies are limited and finite. On the other hand, if the water companies stopped all their leaks and if we built more reservoirs when there is surplus water, we would not have a problem.
There are plans for more reservoirs. A reservoir in East Anglia has increased in size and, I hope, we will very soon see plans being brought forward by Thames Water for a major reservoir that will resolve many of these issues. The reservoirs in London were closed because a ring main was created, which is sometimes quoted erroneously in this case.
(3 years, 2 months ago)
Lords ChamberWhat I would say to the noble Lord, whom I respect for his experience in this area, is that running campaigns to create new laws sometimes misses the most effective way to deliver. The most effective way in which the Government in England can be responsible for this is to support the local authorities which have to do it. We are doing that with money, and we are doing it with policies that require them to hit certain targets—on PM2.5, on nitrous oxide and others. That is the best way to do it. If the noble Lord wants a piece of legislation that will deliver that, it is the Environment Act.
My Lords, surely when it comes to pollution in London, if you have bicycle lanes and increased traffic jams, you do not reduce pollution, you increase it.
My noble friend talks about an issue which may well be the case in certain areas. Encouraging cycling, walking and the use of public transport is undoubtedly better for health, as the previous Question showed; it is undoubtedly better for the quality of life in our cities. On the other side, if you get it wrong, you make the problem worse. That is why local solutions are better, and it is why the Government’s policy provides resources and targets and why they will take further action if local authorities fail to deliver.
(4 years, 7 months ago)
Lords ChamberI shall certainly keep the House informed about this. My discussions with the Treasury are very fruitful in this area. The noble Lord seems sceptical of that, perhaps, but I assure him that there is a cross-government intention to provide better security for farmers in future and that schemes such as our exit scheme have the right tax framework to make them a good incentive—but also that the other aspects that we are talking about here, such as access and getting more people out in the countryside, are understood. The work that I have been doing with my noble friend Lord Agnew has been really important in trying to make sure that we get more people into the countryside.
My Lords, I refer the House to my minimal interests in agriculture. Does my noble friend not think that there is an inevitable conflict between rewilding and public access, because nobody actually wants to walk through countryside that is covered in stinging nettles and brambles?
I am not sure that I agree with my noble friend. What people want in our countryside is variety. Rewilding Britain, the charity promoting rewilding, has an ambition of 5% of the UK to be rewilded by the end of this century, which seems a perfectly achievable figure. The work that we have to do in the farmed environment, as well, is really important —so I do not think that he can make a sweeping statement like that.
(4 years, 7 months ago)
Lords ChamberMy Lords, following Committee, in which I took part, this Bill has not really changed at all. As one who cares deeply about animal welfare and cruelty to animals, I would like to make a general comment before I turn to the specific amendments. The Secretary of State said recently, at a meeting that I attended, that he did not want to create a “hostage to fortune” in the future, but that is exactly what this Bill does. It is enabling legislation with no real detail; it has got such broad scope that it allows almost any interpretation. Frankly, it is the most terrible piece of legislation. It is a shocking piece of legislation and the Government should be embarrassed by it. I say to my noble friends on the Front Bench that this is yet another very un-Conservative measure for the right wing of the Conservative party, as the noble Baroness, Lady Mallalieu, pointed out. It will be passed with the cheers of the Labour Party, the Liberal Democrats and the Greens. As taxes get raised to their highest for 70 years, do Ministers think people will continue to vote for a party that is not recognisably Conservative, or will voters desert us as they did indeed in Chesham?
Turning to the group of amendments, the noble Lord, Lord Trees, made an extremely good speech, pointing out so many things, and I cannot better it. But I will turn to other amendments later. I say to the Minister—and we have known each for some time and are friends, I hope—that this is a terrible piece of legislation and he needs to go back to the Ministry and tell them that.
My Lords, I echo my noble friend Lord Robathan’s remarks. I think this a perfectly terrible Bill, and I would like to speak to Amendment 1. The noble Lord, Lord Trees, made the point that this Bill was Article 13 of the EU with bells on. He knows a lot more about this sort of legislation than I do. I hope that the Minister, when he comes to speak to this amendment, will explain why this Bill has to have bells on. Why could it not be just Article 13 of the withdrawal agreement? Why did we have to add things on to it? Many of us are disturbed at the propensity of our government machine—Whitehall departments—to always add things on to Bills and make them even more elaborate than they were originally intended to be.
The noble Lord, Lord Trees, also made the point that his amendment was about process. Process, as I see it, and certainly in the days when I was in government, was all to do with legislation. When a department produced legislation, if that legislation affected other departments, it was circulated through those departments for their comments on it before it was ever submitted to Parliament. I do not quite understand what this new committee is going to do in looking at legislation before it is actually submitted to Parliament, compared with what happened before. Presumably, if the question of animal welfare came up, it went to the Department of Agriculture and it went to the Animal Welfare Committee who looked at it and said whether it was within its remit and whether it approved of it. So what is this committee doing that the Animal Welfare Committee did not do before? Perhaps my noble friend could elucidate that when he comes to speak.
Generally, what we are doing is expanding the whole mass of quangos and we have to think about the Climate Change Committee. It always advertises itself as a committee that advises the Government but seems to have a complete mind of its own when it comes to climate change. It seems to be obsessed with CO2 emissions. It never seems to champion or recognise what has actually been done in this country to reduce CO2 emissions, and it does not seem to take any account of the collateral damage. I hope this committee is not going to be another one like that.
My Lords, I profoundly disagree with the two previous speakers, and I have no wish to be associated with the views that they expressed.
To look at one particular detail, my understanding of the committee is that it will produce reports which will then come to Parliament, where we can all see them. That publicity seems to me an excellent way of dealing with things. Of course, the committee would not be instigating legislation; it would be an advisory body. It will be up to the government departments concerned whether they choose to accept its advice, but at least we will know what this committee is thinking.
Before my noble friend sits down, could he answer the remark of the noble Lord, Lord Trees, that this is Article 13 with bells on? Why is so much added into this legislation, which goes way beyond Article 13?
It does not go way beyond Article 13, but it does create a committee that did not exist. There were other measures in the European Union which sought to give substance to the wording in Article 13—we will come on to talk about some of them, perhaps in the next group of amendments—by referring to cultural and other issues that were of concern to member states. We have tried to transpose the legal wording recognising animal sentience into UK law and have sought to make the Government’s decision-making better by giving them an expert committee to advise them.
(4 years, 7 months ago)
Lords ChamberMy Lords, I support very much my noble friend Lord Marland in his amendment, both the principles behind it and its detail, and the amendment from the noble Baroness, Lady Deech, which was extremely well argued by her and supported by the noble and learned Lord, Lord Etherton, the noble Lord, Lord Trees—modestly—and the noble Earl, Lord Kinnoull.
It strikes me that the Government have got themselves in a bit of a muddle on all this. The more I have listened to noble Lords behind me who obviously think the Government have got it wrong, the more I wonder why they are legislating in this way. If he had wished to do so, could the Secretary of State not simply have set up a committee by declaration, to do everything the Government want it to and try out some of these extremely complicated and difficult issues which have been raised not just today but in Committee? I feel it would have been a much better way to progress thinking and policy on this Bill and would not have made the sort of mistakes which I have a horrible feeling the Government are heading into by putting forward primary legislation in this manner, when we all know that changing primary legislation is incredibly difficult.
I hope my noble friend the Minister has listened very carefully to the noble Earl, Lord Kinnoull, who made a very fair offer of discussion on this extremely complicated policy matter, with the aim of coming forward with some rationally thought through amendments at Third Reading, which I would very much support.
Can I just add to my noble friend Lord Strathclyde’s remarks? The Government certainly have the capacity to create this committee, but why are they bothering to create a new one? I raised this in Committee and was told, “Oh no; the Animal Welfare Committee and the animal sentience committee are doing two totally different things.” If you took that outside and asked people in the street, “Do you think there’s an enormous difference between animal welfare and animal sentience?”, they would slightly wonder what you were talking about. It is extraordinary that, as a Conservative Government, we did not take a well-respected committee—the Animal Welfare Committee—and extend its remit to include animal sentience. Surely that would have been the most sensible, straightforward way, without creating new bureaucracy, as well as massive expense and giving it a statutory basis.
My learned noble friend will know that there will be attempts to judicially review Governments at every stage of a process of policy, particularly in areas that are emotive and that carry great weights of public opinion in one way or the other. The question is not whether judicial review will be attempted but whether it will be successful. Last week Defra won a court case—as we do many times—against an attempt to take things to judicial review because the judge said it was not permissible to take the matter any further. That is why we have strictly limited the duties on Ministers that lie behind the Bill to only two areas. So I am not saying at all that there will not be attempts to judicially review, but I hope I can convince my noble friend that those attempts will not be successful because we have been so careful to limit the scope of the Bill.
Would the attempt at judicial review not be more likely to be successful if there had been a report from the animal sentience committee saying that there was something illegal about ritual slaughter?
With respect to my noble friend, no. As long as the Minister has set out that, “We have received this report and here is our response; we hear what you say but there are wider cultural and religious factors that I have to consider in taking my decision”, that will be absolutely within the terms of this legislation and will not be able to be successfully judicially reviewed.
If, as my noble friend suggests, we put details in the Bill that incorporated the types of people who had to be on the committee, and then if, for example, someone were off sick or had not been appointed or for whatever reason was not available at the point at which the committee wrote a report, that would leave the Government open to a successful judicial review. These are matters that we think sit absolutely in accordance with other committees that are set up across government, where the terms of reference are amendable without having to go back to legislation. This is a fast-moving area of policy and, in future, we may feel, after thinking about it for a while, that the terms of reference need to be amended. This allows, in an entirely normal way, the Secretary of State to make those amendments in consultation with others. I do not think that it would be wise to put it in the Bill because that would increase the risk of judicial review.
I have two questions for my noble friend before he sits down. Does he accept that the Animal Welfare Committee could have been put on a statutory basis and its remit expanded to take in animal sentience? Secondly, if there were a change in Government after the next election, could a Labour Secretary of State put totally new people on the sentience committee?
Let us deal with the second question first, then I will see if I can remember the first. A future Government can bring in legislation, if they have a big enough majority to get it through, to do anything they like within the law. We are a sovereign nation and they could take those decisions—indeed, they could populate arm’s-length bodies and expert committees with who they like.
On the first question, no we could not, because the Animal Welfare Committee has a different remit. For starters, it is a UK-wide committee and it is not a creature of statute; it gives expert advice as and when required. We wanted to have a body that is a creature of statute, so that there is parliamentary accountability in the process of policy-making.
(4 years, 7 months ago)
Lords ChamberI hope I can reassure my noble friend that science and good scientific evidence is at the heart of decision-making and that is why we need the right advice for Ministers—so, yes. However, his experience and mine will have been that one can get conflicting scientific advice, so one needs to choose scientific experts with care and make sure that they give clear, unbiased opinions to Ministers and that their information can make better policy. Therefore, scientific evidence will be at the heart of this and we will follow it in the selection of committee members.
Before my noble friend sits down, does he think that Mrs Carrie Johnson has the expertise and rigour to be on the animal sentience committee?
I will make sure that every single person who applies for the committee has the necessary expertise, whatever background they come from. We will be looking for a range of people, from those with agricultural experience, those with experience of animals at the end of life in the slaughter process, and veterinarians. I made a list earlier; I will not repeat it because there were some long words which I cannot remember, but they will undoubtedly be a factor in deciding who will be members of the committee.
My Lords, my noble friend may not like it but I will support him—I hope he appreciates that—because he said something very sensible about Larsen traps. On a small Midlands farm I catch between 40 and 82 magpies—that is the most I have ever caught—a year. Visitors congratulate me on the huge clouds of linnets, yellowhammers and whatever that we have on the farm, so I was delighted to hear what he said about Larsen traps.
In relation to government Amendment 39, I have always thought that putting a lobster into boiling water must be cruel. People say, “Oh no, they don’t feel, they’ve got no brain”. I have no idea whether they have a brain or not, but it must be cruel, and the Government are making a very good move in seeking to protect such things. While I support the amendment, however, I am not sure that it should be in the Bill—in primary legislation. I would have thought that it could have done by SI; I am not sure that this is necessarily the right way to go about it. I will, however, on this occasion support the Government without any compromise.
My Lords, I am a bit perplexed by all this. The Government have decided to include lobsters and octopi—I prefer those terms because I understand them—but to exclude fish and, if they do not accept the amendment of the noble Lord, Lord Trees, the minute creatures that they produce. It seems to me that we are on a slippery slope here: the sentience committee could come to the conclusion one day that fish have sentience and feel harm, and then we would ban them. Once you start down this road, there is no limit to where you can go in describing creatures as sentient. That troubles me enormously, and is why I am less than enthusiastic about my noble friend’s amendment.
My Lords, with this amendment we move on to Clause 5. It rather intrigues me, because it makes an exception of homo sapiens, and I wanted to ask the Minister whether that means that the Government see us as a non-sentient species. Perhaps he will answer that: if the answer is yes, I would probably agree, on track record. However, I will not detain the House. As my noble friend Lady Bakewell of Hardington Mandeville would do, I want to thank the Government for this amendment and Amendment 43, which we very much support. I understand and greatly respect what the noble Lord, Lord Trees, said, but I am also aware that the recent scientific evidence on the mental facilities of species such as the octopus—how it is intelligent in a very different way from that in which mammals are intelligent—should be taken very seriously and included in the Bill.
My Lords, on behalf of my noble friend Lord Howard of Rising, who is unavoidably detained somewhere in the country—I am not quite sure where—I beg to move this amendment. I am sorry that the Minister feels put upon, because I think he is doing a very good job defending what some people have described as indefensible, and well done him.
This is a very simple sunset clause. It is fair to say beyond peradventure that some of the arguments raised in the past six or seven hours show that there is dispute over whether the Bill is a sensible idea. Therefore, surely, we should have a sunset clause so that, after five years, we can look back and say, “Actually, it’s not working very well, let’s scrap it”—or improve it, or whatever it might be. That is all a sunset clause does, and that is why I move it.
I support my noble friend Lord Robathan. In anybody’s language, this is an extremely controversial Bill—that has come from a number of extremely distinguished Members of your Lordships’ House. The most appalling collateral damage could be caused by the Bill which no one has anticipated. That is the problem. When you have such Bills with a mind of their own and committees that can roar off doing all sorts of things and are completely independent, it is only later that you realise that it was a very great mistake in the beginning. In all modesty, I think the Minister should seriously consider this sunset clause so that we can reconsider whether the Act, as the Bill will no doubt become, has been a good idea, whether it has achieved what it set out to do, or whether it has caused so much damage that it needs to be radically revised. A sunset clause of five years gives us a wonderful opportunity to think again, and I sincerely hope that the Minister will give the amendment serious consideration.
My Lords, as we have heard, this amendment sets a sunset clause on the Bill. Sunset clauses are quite rare and are usually associated with emergency legislation to deal with a time-specific problem. Recently, we have seen sunset clauses around the Coronavirus Act and previously, in the 2000s, in anti-terror legislation. This Bill is not a piece of emergency legislation passed to deal with something that is time specific. It is establishing the animal sentience committee for the long term, so we on these Benches do not believe that a sunset clause is appropriate or necessary.
I thank my noble friend Lord Robathan for introducing Amendment 46 in the name of my noble friend Lord Howard of Rising, which would insert a clause that would repeal the Bill after five years. I am very grateful to the noble Baroness, Lady Hayman of Ullock, for pointing out that sunset clauses are needed more for emergency legislation.
The Government have laid the Bill before Parliament because there is an ongoing benefit from a targeted mechanism that provides greater transparency for the consideration of animal welfare in central government policy decisions. However, we know that this must be done in a timely and proportionate way. Animal welfare considerations will not cease to be relevant in five years’ time, so it is hard to understand why the committee’s work should be brought to an abrupt halt at that point. It is the Government’s considered view that it would be plainly wrong for the Bill to expire after five years, as the animal sentience committee will have plenty to contribute beyond that time.
That is not to say, of course, that there will not be a review of processes to ensure that the Bill and the committee continue to fulfil their objectives well. As indicated in the committee’s draft terms of reference, we plan to ensure that it is subject to annual performance reviews. Defra will ultimately be accountable for the committee’s ongoing effectiveness and good governance. In addition, the Bill will be subject to the standard post-legislative scrutiny process, including a review of its effectiveness. That will take place within five years of Royal Assent. I hope that that reassures noble Lords and that my noble friend will be content to withdraw the amendment.
Before my noble friend sits down, does she not feel that a sunset clause might in fact be to the great benefit of the Government, because they would not need to have the dramatic act of wrapping up the committee and the Act; it would merely come to its own conclusion? If, on the other hand—unlikely, in my opinion, but not impossible—the committee was doing extremely well, legislation could be introduced to continue it. It is not difficult to extend the life of an Act; it is much more difficult to abolish an Act altogether. If it lapsed automatically, it might be to the advantage of the Government in the future, rather than their disadvantage.
I do not agree with my noble friend, because the committee’s work will be ongoing, and it will also respond to changes in scientific research that may come out in the course of its many years of work. To introduce a hard stop—a hard deadline—to its work would be both unnecessary and impractical.