Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2010

Lord Henley Excerpts
Monday 22nd November 2010

(13 years, 5 months ago)

Lords Chamber
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Moved By
Lord Henley Portrait Lord Henley
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That the draft order and regulations laid before the House on 21 and 26 October be approved.

Relevant documents: 5th and 6th Reports from the Joint Committee on Statutory Instruments, considered in Grand Committee on 17 November.

Motion agreed.

Fulbright Scholarship Programme: Funding

Lord Henley Excerpts
Monday 22nd November 2010

(13 years, 5 months ago)

Lords Chamber
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Baroness Warwick of Undercliffe Portrait Baroness Warwick of Undercliffe
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To ask Her Majesty’s Government what plans they have for the funding of the Fulbright scholarship programme in the light of the United States’ commitment to maintain its level of funding.

Lord Henley Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
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My Lords, we are still working our way through the detail of the spending review and cannot yet confirm the level of funding for the Fulbright scholarship programme from 2011. We recognise the importance of the Fulbright scholarship programme. Officials will continue to engage with the commissioners on these issues. We will communicate the outcome of the funding settlement as soon as we can.

Baroness Warwick of Undercliffe Portrait Baroness Warwick of Undercliffe
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I thank the Minister for that reply, but I hope that he can give me just a little more comfort. He will know the huge added value that the UK Government grant can leverage in the numbers of scholarships. The grant is modest, but it is crucial to increasing the number of awards. Does he agree that if the Government do not maintain their grant, it may affect that leverage? Is there not a danger that potential donors will think that the UK Government are not paying their rightful share?

Lord Henley Portrait Lord Henley
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My Lords, I want to make it clear that the United Kingdom Government are fully committed to the Fulbright scholarship programme and that we will provide the best possible settlement. However, we are not in a position to make that clear at the moment. The noble Baroness is right to stress that there are other funds that can come in, and I pay tribute to the Fulbright Commission for bringing in significant new funds from university partners, donations and research charities. I hope that that will continue. Nevertheless, as I made clear in my original Answer, we cannot make any commitment at this stage.

Lord Higgins Portrait Lord Higgins
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My Lords, I declare an interest as a former recipient of the Fulbright travel award, without which the course of my life might well have been changed. I am surprised by his statement that the amount is being considered. Is this not a treaty obligation, and does not the treaty set out very clearly that two-thirds should be paid by the United States-end of the arrangement and one-third by this end? The sums involved here, which he says are in the spending review, are unbelievably small compared with the overall picture.

Lord Henley Portrait Lord Henley
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My Lords, I pay tribute to my noble friend who is, I think, one of eight Members of this House who are former Fulbright scholars, and I think others wish to intervene later. Indeed, I can see even more. I accept that the sums are, as I put it, relatively modest, but this is not a treaty obligation. An agreement is in place that the United States would pay roughly two-thirds and we would pay one-third. However, it has not quite worked out like that and the United States has frozen its grant for the past five years. All I can say at this stage is that in the course of the spending review, we will consider the appropriate amount to put in, but as I made clear earlier, we remain committed to the programme.

Lord Janner of Braunstone Portrait Lord Janner of Braunstone
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My Lords, I also declare an interest as a former Fulbright scholar, even though I am on a different side of the House. Will Her Majesty’s Government ensure that they do not have to weather the embarrassment of breaking the treaty, which was set up in 1948 in equally austere times, with our closest ally?

Lord Henley Portrait Lord Henley
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The noble Lord is right to declare his interest. He is one of two Fulbright scholars on the Labour Benches. There are two on the Cross Benches, two on the Liberal Democrat Benches and two on the Conservative Benches, according to the research that I have done so far. I am sure that there are more because I seem to have an indication from another noble Lord, who shall remain nameless, that he might be one, but I do not know at this stage.

There is no breaking of treaty obligations in this matter. It is an informal agreement and we will do what we can. All I can say is that we remain committed to it, but I cannot give a final answer to the noble Lord or to the House until these matters have been considered in detail.

Baroness O'Neill of Bengarve Portrait Baroness O'Neill of Bengarve
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My Lords, I congratulate the Minister on the homework that his department has done, and declare my interest, having travelled as a graduate student to the United States courtesy of a Fulbright award from the United States. Is he aware that this programme is part of the offering of thanks made by the people of Britain to the people of the United States, and that it is a serious obligation? Will he bear that in mind when moving forward?

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Lord Henley Portrait Lord Henley
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My Lords, I believe that this is a serious obligation on the people of both the United Kingdom and the United States. The agreement was set up back in 1947 as the result of suggestions, as I understand it, originally made by Senator Fulbright from the United States. I do not know from which side it came, but there is a commitment. All I can do is to repeat what I have said: we remain committed to the programme, but I cannot give any final figures at this stage.

Baroness Williams of Crosby Portrait Baroness Williams of Crosby
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My Lords, may I add my name to the distinguished list of names from all around the House and say how proud I am to be part of such a group? Does the Minister agree that Administrations, strikingly of all kinds, in the United States have maintained very generously their commitment to the Fulbright programme? Does he also agree that it enables people from every possible background and regardless of income, if they have the ability to benefit from them, to have the great advantage of spending time in the United States and really getting to understand that amazing country much better than they would without that opportunity?

Lord Henley Portrait Lord Henley
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My Lords, I am glad that we have now heard from a former Fulbright scholar from all four sections of the House, and I offer my congratulations to the noble Baroness. Again, there has been a commitment by all parties, but I should point out as I did earlier, that the United States grant has remained static for the past four or five years, so it has not been raising it. Although we have raised it in the past, we now have to consider where we are. All I can say yet again to the House is that we will consider these matters in due course, and we expect to finalise details of the settlement relatively soon in the new year.

Lord Wright of Richmond Portrait Lord Wright of Richmond
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I declare an interest as not having been a member of the Fulbright programme. Does the Minister agree that the equality of distribution of Fulbright scholarships around the House is a remarkable tribute to the memory of Senator Fulbright?

Lord Henley Portrait Lord Henley
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I thank the noble Lord for his contribution. I am grateful that although he is not a Fulbright scholar he has chosen to intervene, and that there are still four more who can.

Viscount Montgomery of Alamein Portrait Viscount Montgomery of Alamein
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On a slightly different topic, can the noble Lord say, as a non-recipient, whether he will continue to fund the Chevening scholarships?

Lord Henley Portrait Lord Henley
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My Lords, that is a matter for the Foreign Office, but obviously I am answering for Her Majesty’s Government as a whole. I understand that there is still a commitment from the Foreign Office to continue in that field.

Lord Brett Portrait Lord Brett
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My Lords, the Minister is in danger of giving mixed messages: strong support for Fulbright scholarships but no commitment to funding. Now we have heard about the Chevening scholarships. The Foreign and Commonwealth Office business plan calls for a strategy to enhance the impact of the UK’s contribution to conflict prevention by way of scholarship provision, yet a Written Ministerial Statement on 10 July said that there would be a £10 million reduction in its funding. Can the Minister state what that funding represents; when it will be put in place; and what programmes are to be curtailed?

Lord Henley Portrait Lord Henley
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I am afraid I will not be able to help the noble Lord on this occasion. I have made it clear that I am answering specifically on the Fulbright scholarships. We believe that there is value in all the scholarships that we have throughout government, and we will offer them support where we can. However, the noble Lord must recognise that difficult decisions have to be made about spending because of what we inherited from the previous Government.

Common Agricultural Policy

Lord Henley Excerpts
Thursday 18th November 2010

(13 years, 6 months ago)

Lords Chamber
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Lord Henley Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
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My Lords, I join others in offering my compliments to my noble friend Lord Greaves on his timing of this debate. As has been mentioned, it is only today—it has just been published—that we have seen the real, and not leaked, document on the common agricultural policy from the Commission. I am advised that it has considerable similarities with the leaked document, but I cannot comment on that now as I have not been though it in detail as it was only published this morning. I offer my compliments to my noble friend on having this debate but suggest that it might be somewhat premature. No doubt there will be comments that I can address.

I offer my thanks to all noble Lords who have spoken for the thought that has gone into their contributions, particularly given that we have had no time to look at the Commission’s proposals. As all noble Lords will know, we have waited for them a long time and there has been plenty of discussion over the past year or two across Europe about what we hoped to see in this communication and to assess whether it meets our expectations and those of farmers, consumers, taxpayers and, of course, the environment. I endorse what the noble Baroness, Lady Quin, said. I can offer reassurance to my noble friend Lord German that my honourable friend Mr Jim Paice has continued discussing these matters at a European level. He visited the European Parliament pretty early on in his time as the Minister responsible for agriculture, has had discussions with George Lyon MEP, who wrote the report, and has engaged with others on this matter.

I shall try to respond to all relevant comments raised in the debate but there will be more time to reflect on the proposals in the coming months, and no doubt there will be other opportunities to debate these matters. I want to say from the outset that the Government are committed to ambitious reform of the common agricultural policy. We also recognised, as my noble friend Lord German said, that it might be quite difficult. There are 27 countries involved and because of co-decision, matters become even more difficult. Although we are committed to ambitious reform of the CAP, we also accept, as the noble Lord, Lord Williamson, put it, that already a great deal has happened over the years. We no longer have the wine lakes, the butter mountains and other topographical features composed of different foodstuffs of one sort or another. However, in view of the significant challenges and opportunities ahead, we believe that reforming the EU framework so that farmers can be prepared for the future is essential. We shall continue to push for that in the coming months and years.

My noble friend Lord Greaves mentioned, for example, that by 2050 we must respond to the need to feed a world population of 9 billion people—3 billion more than at present. That means that worldwide food production must be increased by about the same amount as in the whole of last century, if not more, if we are to see an increase in living standards. That will certainly present a great many market opportunities and productivity challenges for United Kingdom agriculture. By removing unnecessary barriers to agriculture’s ability to respond, such as the market distorting subsidies in the CAP, is a starting point. Alongside that we need to invest in skills, training, research, as mentioned by my noble friends Lord Plumb and Lord Cathcart, and innovation which will increase productivity and enable farmers to become resilient to future market and environmental fluctuations. Indeed, improving productivity is a central element of the challenge, delivering dual benefits. Reducing farming inputs such as fertilisers and pesticides relative to outputs is not only good for farmer profitability but would reduce the impact on the environment. Here too we believe that farmers can play an important role.

In an earlier debate in this House, I outlined the important role that farmers play in managing the natural environment. The House will be aware of that, aware of our commitment to encourage that and of the emphasis that we place on the role of agri-environment schemes delivering a range of important environmental benefits. Farmers have a key job to play in managing the land so that it can continue to produce foods sustainably as well as help it to adapt to the changing climate and environment.

Sustainable management of soil and water, as mentioned by the noble Baroness, Lady Miller of Chilthorne Domer, forest management, as mentioned by other noble Lords, and protecting the biodiversity of landscapes are just some of the interlinking components of a much larger picture within which farmers work. Future agriculture policy needs to be better focused on supporting these sorts of objectives, rather than stagnating existing structures and encouraging ongoing dependency on expensive subsidies that deliver little in the way of outputs for the investment being made. That is why we continue to see a very valuable role for Pillar 2 of CAP in the future, delivering targeted, measurable outputs that offer value for money.

This brings me to an issue that we must have in the forefront of our mind when we assess the proposals on CAP. This must be seen against the significant economic challenges that face the whole of Europe. The CAP represents over 40 per cent of the EU budget, Pillar 1 alone accounting for 33 per cent, so it cannot be immune to the hard choices that we are making elsewhere in the UK and we hope are being made in the EU. Indeed, the CAP budget in 2009 was €55 billion. I appreciate that the noble Lord, Lord Williamson, implied that this was a very small percentage—I think he used the figure of about 1 per cent—but I remind him of the quotation from the American senator:

“A billion here, a billion there, and pretty soon we are talking about real money”.

That €55 billion is a rather large sum of money—roughly equivalent, I am told, to the total spending on healthcare in all the new member states. No other EU sector receives this much support.

We need to be clear about where our priorities are and where money is best spent to stimulate competitiveness, sustainable growth and environmental public goods, contributing to the wider EU economy. The agriculture and food sectors have an important role to play in that. In Europe, they are particularly well placed to respond, with their high-value, high-quality produce, if farmers have the right framework to enable this. Therefore we need to use the next period—the period we are discussing, 2014-20—to help farmers adapt to a future that will be very different from today and enable them to respond to as-yet unforeseen challenges ahead. Fossilising existing structures will not help in this process; we need a new approach.

Our responsibility, along with the other 26 member states, is to set the direction of travel for our farmers. Our clear priority for this Government, and one that must underpin the Commission's approach, will be to reduce unnecessary red tape for farmers and simplify delivery of the CAP. I give that assurance to the noble Earl, Lord Erroll, in relation to his comments. The question that we now seek to address is whether the Commission's proposals establish the framework to enable this to happen.

Noble Lords raised a number of specific issues, and I would like to address one or two of those. First, the point made by the noble Lord, Lord Wills, on the impact of the CAP on developing countries. I agree fully with him that we need to pay particular attention to that and we will want to ensure that any reform focuses on that. I have taken on his concerns, but I assure him that Her Majesty's Government share them.

Secondly, noble Lords—including my noble friends Lord Dykes and Lord Cathcart, who disagreed—asked whether we should be reducing payments to the larger farms. I do not fully agree, I take the point made by my noble friend; we do need to ensure that we do not find ourselves discouraging business structures that are going to be competitive. There are also legal problems—I see that this is a debate in which many lawyers are involved—and this might be a matter where we create a lot of business for the lawyers, and accountants, for that matter, when we come to definitions and the problems of restructuring businesses to get round the CAP.

On the question raised by the noble Lord, Lord Wills, about transparency in relation to the EU judgment, we will look very carefully at it—I have not done so myself—but a new legal framework is likely to be needed and we will be very keen to ensure that it delivers greater transparency and openness, in line, as he put it, with the coalition document, which is our Bible in all these matters.

We will obviously consider these proposals in considerably greater detail and respond to the Commission in due course. Noble Lords would not expect me to make a response today, when our document was only published earlier today on the web and I have not yet seen it. We will not, at this stage, want to set out our negotiating position. I think it was again the noble Lord, Lord Wills, who sought a degree more transparency on this issue, but I think he will accept that, in terms of our negotiating position, we would not want to set our cards out on the table at this stage, facing upwards. That comes later on in the game of poker. There is still a very long way to go and negotiations are only just beginning. We will work with all interested groups, we will be listening to all Members of both Houses and all others who have an interest over the coming months, but we will continue to press for ambitious reform.

Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2010

Lord Henley Excerpts
Wednesday 17th November 2010

(13 years, 6 months ago)

Grand Committee
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Moved by
Lord Henley Portrait Lord Henley
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That the Grand Committee do report to the House that it has considered the Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2010.

Relevant document: 5th Report from the Joint Committee on Statutory Instruments.

Lord Henley Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
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My Lords, I am pleased to present this order to the Committee. It will be aware that my honourable friend the Parliamentary Private Secretary for the Natural Environment and Fisheries presented this statutory instrument in another place yesterday. As the Committee knows, better regulation across government and its network of delivery bodies is an important tenet of the coalition Government’s drive for responsible and accountable policy and delivery. This statutory instrument seeks to ensure, formally, that the Marine Management Organisation adheres to a common standard of better regulation by adding it to the existing list of bodies that are subject to the legislative and regulatory format of 2006.

The principles of better regulation stipulate that regulatory activities should be transparent, accountable, proportionate, consistent and targeted. I am sure noble Lords will agree that these principles must underpin the effective working of all our public bodies. The MMO has been following these principles since vesting on 1 April this year. The framework document setting out its remit and corporate governance responsibilities, as agreed by the MMO and its sponsors, states:

“As a government regulator the MMO must have regard to the five principles of good regulation … The MMO will have a risk-based, proportionate, targeted and flexible approach to regulatory inspection and enforcement”.

Although the MMO already complies with this, it is nevertheless important to recognise formally its commitment to these regulatory principles.

The Committee will also know that the MMO is the Government’s key delivery body for marine policy, bringing together management for a number of marine activities including fishing, nature conservation, planning, licensing and enforcement. Delivering functions on behalf of a range of government departments, the MMO is jointly sponsored by the Department for Communities and Local Government, the Department of Energy and Climate Change, the Department for Transport, the Ministry of Defence, and my department, Defra. The length and breadth of responsibilities that rest at the door of the MMO are huge and range from planning and fishing to aggregate extraction and pollution control. Its influence is felt not only locally but at a national and international level.

That is exactly what we—the Government, the Opposition and all parties—envisaged when the Marine and Coastal Access Act 2009 passed through Parliament. People right across the political spectrum worked together to put this important piece of legislation on to the statute book. For my part, now that we are in government we want to ensure that the legislation is enacted correctly. It is therefore right that the MMO adheres to the common standards of better regulation, and today this statutory instrument recognises its efforts. I beg to move.

Baroness Quin Portrait Baroness Quin
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My Lords, I thank the Minister for bringing forward the order and for explaining it. From the outset, I can assure him of the support of the Opposition for the instrument. It is good that, as a result of the delay caused by parliamentary business, the MMO could be consulted; obviously, it is right to add it to the list of regulators and that it should have to meet the key principles of good regulation which the Minister has enunciated.

As he said, the MMO was created as part of the Marine and Coastal Access Act 2009. It is a cross-cutting body that brings together key maritime decision-making powers—planning, regulating and licensing activity—in the marine area. It has the overarching emphasis on and duty to the promotion of sustainable development. Generally, I strongly agree with the Minister that the Act and the establishment of the MMO are good news for the public, particularly with the establishment of marine protected areas, which have been described as doing what national parks did for enhancing awareness of the natural environment and countryside but this time in the marine environment.

The role of the MMO is very important in fulfilling the terms of the Act. Not surprisingly, the Minister will understand that I, as a north-easterner, very strongly welcome the establishment of the MMO in the north-east of England, with its long maritime tradition, its superb Newcastle University marine research department and, indeed, allied facilities such as the very long-established research facility, the Dove Marine Laboratory at Cullercoats.

I am also glad that the Government have a strong commitment to the MMO. Perhaps, via the Minister in this House, I could congratulate the Minister in the other place who spoke to this order yesterday. He admitted that in opposition he had concerns about the MMO, but he said firmly that his reservations had been resolved after visiting the organisation and that he now had nothing but praise for the motivation of the staff and their determination to make it a success. I, for one, very much welcomed the remarks that the Minister in the other place made in Committee yesterday.

Not surprisingly, I have concerns about the effect of budgetary cuts on the organisation. It was recently established, and it was to be a lean, mean and efficient organisation without lavish start-up costs. For that reason, we are concerned that it should not bear the heavy brunt of cuts in current circumstances, and that it should have the resources to carry out its work and responsibilities.

The Minister in the other place gave some assurance yesterday that the cuts that might be asked of the MMO would be much less than those for other organisations in the department. At the same time, he indicated that further details would become available. I urge the Minister today to keep the House informed of the effects of budgetary cuts on the MMO and its ability to carry out its functions. Not surprisingly, given that the current Opposition were in government when the MMO came into being and were committed to its establishment and the effective workings of the Marine and Coastal Access Act 2009, we will be watching this closely; we are anxious to make it a success. Having said those words, I am happy to support the Minister in what he has said today.
Lord Henley Portrait Lord Henley
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I thank the noble Baroness for her comments. We are grateful for them, particularly for certain points that she underlined, such as the fact that there is a duty on the MMO to promote sustainable development. We will ensure that that continues. I also thank her for emphasising its north-eastern connections. I might be from the north-west but these matters are still important to me. I will certainly pass her remarks back to my honourable friend, who will, I am sure, be very grateful for what she said in praise of him and what he said in another place.

The noble Baroness asked, in effect, only one question and that was about the spending review and the effect it might have on the MMO. She will appreciate that I cannot go into any further detail only 24 hours after my honourable friend spoke in another place, but I will make two comments, which I think my honourable friend made, to give her some assurance. First, we accept that the MMO is a new organisation and has been created as a lean and fit machine, as the noble Baroness described it. The implication behind this was that there might not be much fat on it. Its newness and the fact that it has further duties that it will have to take on next year will be taken into account as we develop the details of the spending review. Obviously, no part of government or Defra can be immune from that, but those two factors are relevant to any decisions that we make about the MMO.

Secondly, as an adjunct to that, the noble Baroness asked that we keep her and the House informed of any details of this. Again, I have given assurances that that will be the case in due course. I end by thanking the noble Baroness again for her contribution. I beg to move.

Motion agreed.

Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010

Lord Henley Excerpts
Wednesday 17th November 2010

(13 years, 6 months ago)

Grand Committee
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Moved by
Lord Henley Portrait Lord Henley
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That the Grand Committee do report to the House that is has considered the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010.

Lord Henley Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
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My Lords, these regulations set new recovery and recycling targets for packaging waste for 2011 and 2012. They will also improve transparency in the way in which the packaging recycling system is funded and will make a number of technical changes to improve the clarity of the regulations and reduce costs to business.

First, it should be remembered that tackling waste is not just the responsibility of government; it is a responsibility for all of us, including businesses, private individuals and local authorities. It is for this reason that the Government are undertaking a review to look at all aspects of waste policy and delivery in England. The review’s main aim will be to ensure that together we are taking the right steps towards creating a zero-waste economy in which resources are fully valued and nothing of value gets thrown away.

Last year, nearly 11 million tonnes of packaging were placed on the United Kingdom market with the products that it protects. About half this packaging is from household goods, and after use it accounts for about 20 per cent of household waste. The rest of the packaging is used and disposed of by businesses, and it accounts for about 10 per cent of commercial and industrial waste.

The EU directive on packaging and packaging waste, which has been in place since 1994, requires member states to recover every year a minimum of 60 per cent of all packaging waste, of which 55 per cent must be recycled. Through the producer responsibility system that we have put in place in the UK and which is set out in these regulations, the UK achieved those targets in 2008 and 2009 and is on course to do so again in 2010. However, the current regulations set recycling targets for packaging producers in the UK only until the end of 2010. We therefore need to put measures in place to ensure that the UK continues to meet the EU packaging recycling targets in future years, and so ensure that packaging waste continues to be recycled. If we do not, we can expect rather costly infraction proceedings. At the same time, we need to ensure that these targets are achieved at the lowest possible cost to businesses to support them in this challenging economic climate.

The Government will set out our long-term approach to packaging as part of the waste review, to which I referred, which is due to be published next spring. In the mean time, the Government propose in these regulations to set packaging recycling targets for 2011 and 2012 only, and at a level that will ensure the delivery of the EU targets in the packaging directive but no more. Targets for 2013 and beyond will then be considered in light of findings of the review.

The regulations also include provisions to improve the transparency of the funding associated with packaging waste recovery notes, PRNs, and packaging waste export recovery notes, PERNs—the evidence notes issued by reprocessors and exporters to show that recovery and recycling has taken place. Reprocessors and exporters will now be required to report on how they have spent the PRN revenue against new more defined categories. The new categories, developed with the industry, will provide a more accurate picture of how this funding is used to benefit the packaging recycling system as a whole.

Finally, the regulations contain a number of minor technical changes. Most of them aim to clarify definitions, key dates for data returns and payment deadlines, and update references to legislation revised since 2007. Two changes are deregulatory. First, the amendment removes the requirement for reprocessors and exporters to have an independent audit, which can cost up to £10,000 for a large company. Secondly, it will allow a certain category of smaller businesses to use a simpler method to calculate their legal obligation, which will save time and effort. Benefits from these mean that as a whole, the proposed package of changes will reduce the net administrative burden placed on UK businesses by between £285,000 and £371,000 annually.

In conclusion, I believe that the amendments that the Government are proposing to the packaging regulations will enable the UK to continue to meet its EU obligations, while minimising costs to UK businesses; will make the flow of producer funding more transparent for producers and local authorities; and will resolve a number of technical issues, which will overall reduce costs to business. I commend the regulations to the Committee.

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Lord Addington Portrait Lord Addington
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My Lords, after the last speech I feel that I am treading on someone else’s carpet. It was an extremely interesting intervention and both my noble friends should be encouraged to continue talking about the questions raised. If there is a danger that the incentive to carry on will be removed, given the expertise here we should consider that matter. If allies of long standing, new allies and all those who are interested in the field say that there is a danger here, perhaps the Minister can give an assurance that the Government will keep a weather eye on the situation. I would be reassured by that commitment.

It is more reassuring when you hear from someone who genuinely knows what they are talking about; not a parliamentary expert, which is how I interpret someone who has merely spoken on the subject three times, but someone who knows something about it. I hope the noble Lord, Lord Henley, will say that the Government are watching the situation and monitoring these concerns, because if we cannot have a broad church on environmental matters we should give up and go home now.

Lord Henley Portrait Lord Henley
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My Lords, the noble Baroness, Lady Quin, teased me at the beginning of her remarks that I had possibly over-attacked her at Question Time yesterday on the subject of conservation, and I wonder whether I possibly over-egged my remarks. Perhaps I was provoked by the noble Baroness; I am not sure. I accept that her Government consulted effectively on some occasions and I hope she will accept that, when we consult, we consult genuinely and with a real intention to listen. She asked what interest was shown. I can assure her that we had 96 responses from local authorities, producers and trade associations, and that the consultation covered the usual 12 weeks. I hope I can say that we consulted enough; that, as far as one ever can, we got to everyone it was necessary to get to, although one can never guarantee that; and that we covered as many SMEs or their representatives as possible. Very often, SMEs do not have time to respond themselves but have representatives who can.

Baroness Quin Portrait Baroness Quin
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In the consultation, did any of the responses raise some of the concerns that have been raised so interestingly today by the noble Lord, Lord Demon?

Lord Henley Portrait Lord Henley
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“Demon”?

Baroness Quin Portrait Baroness Quin
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I think I said “Demon”.

Lord Henley Portrait Lord Henley
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It is the noble Lord, Lord Deben. I think the noble Lord, Lord Demon, might be someone rather different. However, that might be for another life of my noble friend.

Lord Deben Portrait Lord Deben
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I hope not.

Lord Henley Portrait Lord Henley
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As far as I am aware, that was not the case. I shall write to the noble Baroness in due course about that.

The noble Baroness then asked about the waste review—again, a matter raised by my noble friend Lord Deben—and when it would come out. Our intention is to publish it in April of that year. April might turn out not to be a suitable month because, as the noble Baroness will know, there are local government elections on 5 May. It might therefore have to be published on 6 May, but I cannot give a precise date other than an assurance that it will be before June.

On independent auditing, again I can give an assurance that, as I made clear in my opening remarks, we are keen to try to reduce the burden on all businesses. So far as I am aware, the regulators were perfectly happy. I am not aware of any concerns. We will continue, as we have said in the past, to make sure that we strive to meet all our recycling targets, and our targets post-2012 will be considered as part of the review to be published in 2011.

I turn to the points made by my noble friend, and again I pay tribute to him for, as he reminded us, inventing these regulations, getting them through with the support of the French—something I hope we will be able to do more often in the future, but we are all learning new tricks at this stage—and getting them agreed. I am also grateful to him for stressing their efficacy and the competitiveness of our system. What my noble friend is saying in effect is that our targets for 2011-12 are not ambitious enough. The simple answer to that is that we will have the review and we want to make sure that we get everything right before we move on.

Lord Deben Portrait Lord Deben
- Hansard - - - Excerpts

I understand my noble friend’s view, but this is a continuing system. If you decide to stand aside for a relatively important period, as this would be—if my noble friend can tell me that it will be for only a year I shall be happier—the fact of history is that it takes you several years to catch up if you discover that you do want to raise the targets. As I cannot imagine that anyone in the coalition would want to lower the targets, it might be better to do this as we have done it for the past 12 years.

--- Later in debate ---
Lord Henley Portrait Lord Henley
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I can see my noble friend’s argument. In some respects we are continuing with that line. Perhaps I can offer him some encouragement in another field in this area. One of the other drivers of these things is the landfill tax. It will continue with its escalator, which is due to go on up to 2015, at which point I think it will reach £80 a tonne. It is certainly a driver for all those involved in waste when considering how to handle waste. What happens to the tax after that, as my noble friend is perfectly well aware, is not a matter on which I can comment. No doubt colleagues in the Treasury will look at the efficacy of that particular tax because it is one of the most successful taxes that has ever been created in changing behaviour.

My noble friend also said that he has been listening to those who advise him and that he wants the Government also to listen to them. He said that if he was wrong he would come to me, as he put it, covered in sackcloth and ashes and admit it. If we are wrong, I see no reason why we cannot amend things later, but in the mean time we want to get the waste review right. Once we have done that we can look at these issues again.

Lord Deben Portrait Lord Deben
- Hansard - - - Excerpts

Can my noble friend assure me that nothing will stop him—let me put it as delicately as that—coming back next year with a revision, or does he really mean that the arrangements for the waste review will mean that it will be at least two years before he can change this?

Lord Henley Portrait Lord Henley
- Hansard - -

I cannot give my noble friend an absolute assurance because we want to consider the results of the waste review before we come to decisions. He will know that Governments can do a great deal of things as and when they wish, particularly after publishing a review. I certainly cannot give an assurance that we will do something. All I can say is that we might, if it was necessary. I would then come to the noble Lord in sackcloth and ashes to say “Mea culpa” and whatever else he wished me to say. I am not saying that we will do this; I am saying that it is always a possibility.

Lord Deben Portrait Lord Deben
- Hansard - - - Excerpts

Of course my noble friend cannot say that he will do it; indeed, that is not what I asked him. I asked him whether, if it turned out that it were necessary, he would do it. I am sure that he would. My question now is: if it were necessary, could he do it in the time, or could something in the circumstances make it impossible? If nothing in the circumstances would make it impossible, I am happy to rest on his good assurances and he need not say “Mea culpa” to me.

Lord Henley Portrait Lord Henley
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I can never give an absolute guarantee; it would have to be a guarantee given by me at this stage. All that I am saying is that I believe that it would be possible if necessary. I might be wrong, but my noble friend will have to rest on that assurance. The important thing is that we think that it is right and proper to get these things sorted out, as we are doing now, for 2011-12, then publish our waste review and then take things forward and make further decisions thereafter. I know that my noble friend says that the price of glass has collapsed. We have seen that in the past and it has gone back up again. We have seen that with other recyclables. I think we can cope with that. These are not the only drivers in this field; as I mentioned, there is also the landfill tax. I do not believe that we face the problems that my noble friend suggests.

I hope, therefore, that the Committee will accept that at this stage it is right and proper that the regulations go through, and that we will consider them again in the light of the review, which will be published in the spring of next year.

Motion agreed.

Bovine Tuberculosis

Lord Henley Excerpts
Tuesday 16th November 2010

(13 years, 6 months ago)

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Lord Krebs Portrait Lord Krebs
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To ask Her Majesty’s Government what scientific evidence they hold which supports their proposals for control of bovine tuberculosis.

Lord Henley Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
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My Lords, scientific evidence indicates that TB in cattle will not be eliminated without addressing transmission from badgers. The evidence used to estimate the impact of badger culling and vaccination on TB incidence in cattle is set out in our consultation document. For culling, much of the evidence comes from the randomised badger-culling trial, which was recommended by the noble Lord in 1997. For vaccination, it comes from laboratory and field studies.

Lord Krebs Portrait Lord Krebs
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I thank the Minister for that helpful Answer. As he has indicated, I declare an interest as the author of the 1997 report that led to the so-called randomised badger-culling trials, which were set up to test whether culling is an effective way of controlling TB in cattle. I ask the Minister two questions. First, does he agree with the estimate of his own officials that, based on the results of the randomised badger-culling trials, long-term intensive culling of badgers would lead to a 16 per cent reduction in the incidence of TB in cattle over nine years? Even this modest reduction, which would leave 84 per cent of the problem unaffected, would be achievable only with highly effective, large-scale, long-term culling. Otherwise, culling will make the problem worse. Secondly, does the Government’s Chief Scientific Adviser, Sir John Beddington, agree with the policy of culling?

Lord Henley Portrait Lord Henley
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My Lords, on the first question, I accept what the noble Lord has to say, but ongoing monitoring since the end of those trials indicates that the positive impacts on herd breakdowns within the culled areas have lasted for a considerable number of years after the culls have ended and that those areas have seen a reduction of some 28 per cent in the incidence of TB. So there is a considerable reduction. We have never said that culling is the sole answer. We have always made it clear that we believe that other measures will need to be taken and that we need to use every tool in the toolbox. As I made clear to the noble Lord in Written Answers earlier this year, we have consulted both the Government Chief Scientific Adviser, Sir John Beddington, and our own chief scientific adviser within the department.

Baroness Browning Portrait Baroness Browning
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My Lords, I was the Minister who set up the committee so ably taken forward by the noble Lord, Lord Krebs. Back in 1997, we recognised that bovine tuberculosis was out of control. It had spread down from the moors in the south-west peninsula and has since come south, right down almost to the coast across Devon, Cornwall and Somerset. It has also spread to Gloucestershire, has headed up to Herefordshire and is now up as far as Cumbria. Has my noble friend looked at the research work being carried out in the Republic of Ireland, particularly in East Offaly? Certainly, prior to setting up the inquiry into bovine tuberculosis, the then Government looked at how culling had been used in the Republic of Ireland. I hope that he will take that research work into account.

Lord Henley Portrait Lord Henley
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My Lords, I thank my noble friend for that question. I assure her that we have looked at research carried out in all countries. It is clear that one cannot eradicate bovine TB without also addressing TB in the wild animal population. That seems clear from the evidence in all other countries. My noble friend is also right to emphasise to the House the importance of this issue. Last year more than 25,000 cattle had to be compulsorily slaughtered. We think that bovine TB is Britain’s biggest endemic animal health issue.

Lord Brooke of Alverthorpe Portrait Lord Brooke of Alverthorpe
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My Lords, in answer to the noble Lord, Lord Krebs, the Minister said that the Government had consulted the Chief Scientific Adviser. Can he say whether the Chief Scientific Adviser is in favour of, or opposed to, a cull?

Lord Henley Portrait Lord Henley
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My Lords, I refer the noble Lord to the Written Answer that I gave some time ago which stated that he had been consulted, was aware of what we were doing and was happy with the consultation that was taking place. I make it clear that it is only a consultation that we are conducting on this matter at the moment.

Lord Greaves Portrait Lord Greaves
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My Lords, does the Minister agree that any pilots that take place, whether they involve culling or vaccination or both, should have independent monitoring, data collection, analysis and assessment if they are to have credibility and be of use?

Lord Henley Portrait Lord Henley
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The important thing to emphasise to my noble friend is the fact that we are at this stage only consulting on a badger control policy. Having consulted and taken advice, we then propose to issue licences to farmers and others who wish to cull and/or vaccinate badgers at their own expense. We will then look at the results of that process.

Lord May of Oxford Portrait Lord May of Oxford
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My Lords, does the Minister agree that while there remain uncertainties, two things are known: first, that in the initial several years after beginning to kill badgers in a defined region, things get worse; and, secondly, if culling is maintained over a large area year in and year out, control of bovine TB is possible to a degree but the balance of evidence suggests that the costs outweigh the benefits? Incidentally, I take it that I am clear that the answer he gave about the chief scientist being content with the consultation is that he does not agree. That seemed to be implied in the Minister’s reply.

Lord Henley Portrait Lord Henley
- Hansard - -

My Lords, that is not the case at all. I have made it clear that we have consulted the Chief Scientific Adviser and he is happy with the consultation. What we are talking about at this stage is a consultation. I also make it clear to the noble Lord that the scientific evidence is clear and suggests that an active badger culling carried out on a sufficient scale—I emphasise the words “sufficient scale”—in a widespread, co-ordinated and efficient way over a sustained period will reduce the incidence of bovine TB in cattle in high-incidence areas.

Baroness Quin Portrait Baroness Quin
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May I therefore ask the Minister, in view of his reply, whether there will be a cull or not, because there is confusion within the Government? At precisely the same time as the Minister of State was announcing to farmers that there was going to be a cull, the Secretary of State said that she would await the scientific evidence. Which is it?

Lord Henley Portrait Lord Henley
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My Lords, there is no confusion in the Government at all. We have made it quite clear that we are consulting on this issue. When we consult, we consult for those reasons. We do not consult, as the party opposite did, having already made up our minds.

Subsidiarity Assessment: Food Distribution (EUC Report)

Lord Henley Excerpts
Wednesday 3rd November 2010

(13 years, 6 months ago)

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Lord Henley Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
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My Lords, I join other noble Lords in saying how grateful I am to both the noble Lord, Lord Roper, as chairman of the EU Committee and to the noble Lord, Lord Carter of Coles, as chairman of Sub-Committee D, for this report. I make it quite clear at once, as I think our Explanatory Memorandum made it clear, that the Government share the committee’s concern that the regulation concerned is not consistent with the subsidiarity principle. That means that much of what I say may repeat what other noble Lords have said this afternoon, because there has been general agreement around the Chamber. Still, it is important that it is on the record that these are the views of Her Majesty’s Government.

As the noble Lord, Lord Roper, made clear, the then European Community’s food distribution programme was introduced back in 1987 and its main aim was to help run down the stockpiles of basic commodities that had been purchased into intervention stores under the common agricultural policy. The noble Lord, Lord Roper, went on to stress that it was the stocks of butter, milk powder, beef, sugar, rice, all those mountains and lakes that we remember—I cannot remember whether it covered wine lakes, but it did cover a whole variety of mountains and lakes—that were released to charitable organisations in participating member states annually to distribute to poorer sections of the community.

As has been made clear by a number of noble Lords, we in the United Kingdom last participated in the scheme in 1998—everyone referred just to the mid-1990s, but I can give the precise date. We withdrew both because of the sharp decline in intervention stocks in this country and because of the high administrative overheads, for government and charitable organisations alike, which made participation unattractive. I assure the noble Baroness, Lady Quin, that we still believe that, under the scheme that is being looked at at the moment, there would still be high administrative burdens, which would make it unattractive. I also assure her that we are not aware of any charitable organisations having asked us to participate in this scheme, or, for that matter, to go back into the scheme after the withdrawal by the previous Administration back in 1998.

The main purpose of intervention systems, as my noble friend Lord Caithness and other noble Lords made clear, is to support market prices. However, a side-effect—in practice, it turns out to be the dominant effect—is to encourage overproduction and distract farmers from making market-based production decisions. Successive reforms of the CAP have reduced the role of intervention and, together with improvements in world commodity markets, have resulted in significantly reduced EU intervention stocks. Consequently, the Commission proposes to adapt the scheme.

The main stated purposes of the Commission’s proposals are to align the legislation to the Lisbon treaty and to modernise the scheme. The CAP is now more market-orientated and price support will play less of a role in future, so, as I have said, the accumulation of large intervention stocks is less likely. The proposal therefore provides for CAP funds to be used to purchase goods on the open market and for a wider range of goods to be purchased by participating member states on the basis of nutritional criteria rather than limiting them to the products for which intervention applies. The other major change is the proposed introduction to the scheme of cofinancing by participating member states. Under current proposals, this will be a minimum of 25 per cent of the eligible costs, with lower ranges of cofinancing, such as 10 per cent, applying to more disadvantaged areas of the European Community.

As before, participation in the new scheme—I think the noble Lord, Lord Roper, made this clear—will remain voluntary, so that, even if it goes ahead, the United Kingdom will not be obliged to participate. Providing effective help to disadvantaged people is clearly an important objective, but, as the Explanatory Memorandum explains, we remain unconvinced of the merits or the appropriateness of the proposal. In particular, we believe that the expansion of the scheme to procuring goods on the open market will mean that the new scheme is essentially a social measure—that is an assurance I can give to my noble friend Lord Caithness—which, by its design, would make it a matter for member states to decide rather than for the EU itself.

In accordance with the principle of subsidiarity, a longstanding element of European treaties that is currently enshrined in Article 5 of the treaty on the European Union, the Government consider that the EU should act collectively only where there are clear additional benefits, or EU added value, compared with action by member states either individually or in co-operation.

We consider that social matters are a matter for individual member states, and that measures to assist the neediest members of society are more properly and efficiently delivered through domestic social programmes that take account of the prevailing situation and available funding in individual countries. The noble Lord, Lord Carter of Coles, for example, mentioned a scheme, Healthy Start, which is run by the Department of Health. I assure him that that scheme is still there; it is under review by the department and subject to a consultation about various changes in it.

I would like to mention national charitable organisations, such as FairShare. I visited one example of its outlets in the north-east, not far from the former constituency of the noble Baroness, Lady Quin. Many noble Lords will know of the valuable work that bodies such as FairShare can do in distributing food to the less advantaged. To return to the north-east, I was grateful for what the noble Baroness, Lady Howarth, said about the north-east food action programme. It is those kinds of measures—national from the Government, from local government and from charities—that we believe we should be looking to work. I commend those bodies to those who do not know about the sort of work that they do.

The proposal itself was discussed in the Agriculture and Fisheries Council on 27 September. That was followed, as I understand it, by technical consideration by officials. A number of policy and technical issues have been identified. At present—I give this assurance to my noble friend Lord Caithness—there is no qualified majority in favour of it. There might be a blocking minority against, but certainly I assure him that no member state at the moment actually supports the scheme; some oppose it for one reason, some for another. Also, as I understand it, the European Parliament has not yet given its opinion on the proposal.

The noble Baroness, Lady Quin, asked about the timescale. I assure her that we still have quite a long way to go before we get to any final decision, what with the European Parliament having to consider it and some sort of qualified majority having to be found on the Council, which does not seem likely.

In addition to subsidiarity, there are two main concerns among those member states. First there is the legal base.

Baroness Quin Portrait Baroness Quin
- Hansard - - - Excerpts

I thought that the proposal reflected some of the amendments that had been passed in the European Parliament, so I am somewhat puzzled that the Minister says that the European Parliament has not considered it.

Lord Henley Portrait Lord Henley
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As I understand it, the European Parliament has not yet considered the stage that we are currently at. It might be that it considered earlier examples of it. At the moment we are at the stage where it has been through the Agriculture and Fisheries Council, which talked in September about co-financing at the 25 per cent or 10 per cent level, but that has not yet gone on to the European Parliament. If I am wrong, I will write to the noble Baroness to correct it. My point is that we still have quite a way to go before any of this gets through, which is why it is important that the views of this House and another place—and those of 26 other parliaments and all the Houses in them, should they wish, although we understand that only Sweden is likely to do this at the moment—should come forward so that we can reach various red lights, green lights or whatever, as appropriate.

I return to the concerns of the member states. First, I was talking about the legal basis. The new proposal is made under Articles 42 and 43(2) of the treaty on the functioning of the EU. This is similar to the existing scheme. These articles would be appropriate if the predominant purpose of the scheme was the supply of food from intervention. However, given the expected focus of the revised scheme on the purchase of goods on the open market, it is very difficult to argue that its predominant purpose is in line with the use of these articles as the legal base. A number of member states share our concern about that.

Secondly, the concept of cofinancing, which I referred to earlier, is strongly opposed by a number of currently participating member states that believe that the scheme, quite naturally, should be wholly community-financed. The Government believe that, were the revised scheme to go ahead, cofinancing would be very important to ensure that each participating member state reaches an informed judgment on how best to support its deprived communities, and because it would likely improve the governance of the scheme.

In conclusion, I emphasise that Her Majesty’s Government have not taken part in the existing voluntary scheme for many years and have no intention of taking part in the revised scheme if it were adopted. Given that there is presently no qualified majority on paper in the Council, there seems little immediate prospect of the proposal—at least in its current form—progressing that far. The effect would be that the existing scheme would continue to operate. I understand that there is a challenge before the European Court of Justice on whether the legal base for the operation of the 2009 programme is appropriate. That has yet to be heard. The point remains that it is not an activity that is best undertaken at EU level or, in our view, an appropriate use of common agricultural policy funds. Therefore, I stress that I welcome the committee’s report and support the Motion on the reasoned opinion.

Lord Roper Portrait Lord Roper
- Hansard - - - Excerpts

My Lords, I can be rather brief in replying because all those who have taken part in this debate have supported the report and the Motion that I have moved. I was particularly glad to hear from the three members of the sub-committee, their chairman the noble Earl, Lord Caithness, and the noble Baroness, Lady Howarth, who were able to add on the general question. In the case of the noble Baroness, Lady Howarth, we were reinforced with her knowledge of local social projects. We were also very much helped by the fact that three Members of this House had been involved in the scheme at earlier stages. Therefore, the contribution of the noble Lord, Lord Teverson, with his fascinating aperçu of acting as Father Christmas, and of the noble Lord, Lord Williamson, and the noble Baroness, Lady Quin, were particularly useful in giving us the background to the scheme. I was glad to have the support on this occasion of the noble Lord, Lord Stoddart of Swindon. I hope he notes that this is one of the benefits of the Lisbon treaty that, as well as other sections, should be taken into account.

I was asked a couple of questions. Before coming to them, one thing that has not been stressed sufficiently is that, although we do not participate in the scheme, the UK contributes to the €500 million that comes from the European Community’s budget. Therefore, that should not be overlooked when we consider this matter.

The noble Lord, Lord Teverson, asked me whether the arrangements were satisfactory. The procedure in this House has been satisfactory. We have been found a date relatively promptly so that it can be debated in good time. I will say one thing that I did not mention initially. On this occasion, we consulted our colleagues in the committees of the devolved Assemblies and asked them whether they had any comments, because some of this is the responsibility of the devolved Governments. We have not had a response on this occasion, perhaps because of a shortage of time, but it shows that we feel that we have that responsibility in matters that are not a reserved responsibility for the UK Parliament.

On the consideration in other parliaments, we have communicated with them. In the 19 countries that are participating, people may not wish to upset a continuing Father Christmas role for their countries and might consider themselves rather unpopular if they were to raise issues of subsidiarity on something that might be seen locally as beneficial. I do not know. However, I believe that we were right—as has been shown by this debate—to put forward our reasoned opinion on this particular measure. I beg to move.

Food: Labelling

Lord Henley Excerpts
Monday 1st November 2010

(13 years, 6 months ago)

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Baroness Seccombe Portrait Baroness Seccombe
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To ask Her Majesty’s Government what proposals they have to improve the labelling of British foods in retail stores.

Lord Henley Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
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My Lords, the Government have made a commitment to clear and honest food labelling. Through negotiations on the proposed EU food information regulations and national initiatives, the Government are working to improve the accuracy of origin labelling. We are also discussing with the food industry ways that food businesses can provide clearer information on the origin of food and food ingredients, particularly for meat and dairy products.

Baroness Seccombe Portrait Baroness Seccombe
- Hansard - - - Excerpts

I thank my noble friend the Minister for his reply, but what irritates me is that when one goes into a supermarket, one sees our luscious British fruits packed in containers identical to others, and similarly priced, so that shoppers very often do not realise that they have bought foreign goods until they get home. This year, British raspberries have been excellent; our plums are in a different league from their foreign cousins; and there is nothing that can be said about British apples except that they are superb. Therefore, can encouragement and guidance to stores be given so that they promote our wonderful British home-grown fruit?

Lord Henley Portrait Lord Henley
- Hansard - -

I echo the “Hear, hears!” from around the House and congratulate my noble friend on paying tribute to the UK food industry, in particular to United Kingdom fruit. We are, as I said, trying to facilitate a number of voluntary industry agreements to try to encourage more labelling of food. On this front, we want to pursue—dare I say it?—a stick-and-carrot approach in terms of encouraging greater development. The stick, as it were, is being provided by the EU food information regulations; the carrot will be by food industry voluntary agreements.

Lord Borrie Portrait Lord Borrie
- Hansard - - - Excerpts

Does the Minister agree that one of the major problems with food labelling, especially in supermarkets on tins and packages, is that there is a superfluity of it in very tiny print, which is impossible to read—and that it is impossible there and then, in the supermarket, to distinguish what is important, what is significant, and what is not?

Lord Henley Portrait Lord Henley
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I agree that very often there can be too much information. That, too, is why it is far better to try to pursue a lot of these matters through voluntary agreements, whereby a simpler process can be developed that is of greater use—to, for example, the noble Lord—than something more complicated and more bureaucratic that ends up producing too much information which the noble Lord, and many others, find rather difficult to read.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff
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Are the Government considering using clearer labelling on food that contains nuts, as was recommended by the committee on allergy which I chaired, given the number of cases of anaphylaxis that occur when people are unaware that there is a nut content in food?

Lord Henley Portrait Lord Henley
- Hansard - -

My Lords, I understand that work is being undertaken in this area. I also understand that all packets of nuts have a serious health warning on them saying, “Warning—this packet might contain nuts”, which should be of help to noble Lords as well as to others. More seriously, the noble Baroness makes a very important point, as nut allergies are increasingly common and that needs to be addressed. We need to make sure that any food that contains nuts has the appropriate warning on it.

Baroness Trumpington Portrait Baroness Trumpington
- Hansard - - - Excerpts

My Lords, I agree with the noble Lord on the opposition Benches, but I ask the Minister not for an increase in the number of words on packages but simply for words, such as “Boil for five minutes”, to be in big print.

Lord Henley Portrait Lord Henley
- Hansard - -

My noble friend always has the best suggestions. I did not say that we should increase the number of words on packages but, rather, that we should make sure that the wording on any package is user-friendly and can be accessed by as many people as possible. That is why we believe that voluntary, rather than compulsory, agreements are often the better way of addressing this issue.

Baroness Quin Portrait Baroness Quin
- Hansard - - - Excerpts

My Lords, given that labelling is the subject of European as well as national decision-making, and given that the Government, like the Opposition, have said that they are in favour of clear labelling and a colour-coded traffic-light system, can the Minister tell me why Conservative MEPs voted not only against such a traffic-light system for Europe but against continuing such a system here in the UK? Should not the Government be consistent in pursuing policies in the interests of Britain and our consumers?

Lord Henley Portrait Lord Henley
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The noble Baroness will be aware that, although I was formerly a Chief Whip in this House, I have no responsibility for Conservative MEPs on the other side of the channel. However, we are continuing to negotiate on the EU food information regulations and will ensure that they are as user-friendly as possible. We will also try to ensure, for example, that it is made quite clear where meat comes from. Therefore, even if, for example, the labelling says that bacon is British when the meat itself comes from Denmark, it will also say that the primary product, the pork, comes from another country—that is, Denmark.

Baroness Parminter Portrait Baroness Parminter
- Hansard - - - Excerpts

My Lords, can the Minister inform the House how, without compulsory labelling on egg products, consumers do not unwittingly purchase eggs from Spain’s illegal battery cages and undermine British producers, who will comply, unlike those in Spain, with the deadline for phasing out battery cages?

--- Later in debate ---
Lord Henley Portrait Lord Henley
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My Lords, my noble friend is right to draw attention to the very serious problems relating to animal welfare. They are concerns that have always been at the forefront of our mind in negotiations on the EU food information regulations, and we will certainly take them on board in those continuing negotiations.

Lord Tomlinson Portrait Lord Tomlinson
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Will the noble Lord reflect on his earlier answer that the conduct of MEPs has nothing to do with him, particularly when he reflects that the leader of his party forced Conservative MEPs to leave the Christian Democrat group where they were and join every odd-bod racist, right-wing group, losing all influence that they had in Europe?

Lord Henley Portrait Lord Henley
- Hansard - -

My Lords, the noble Lord makes a point but it is a pretty silly point. He knows perfectly well that I—and, for that matter, the Prime Minister—have no influence over what they do. In the end, they will decide what they do, and the noble Lord knows that perfectly well.

Rural Communities: Prince’s Countryside Fund

Lord Henley Excerpts
Thursday 7th October 2010

(13 years, 7 months ago)

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Lord Henley Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
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My Lords, I start by offering my commiserations to the noble Baroness on the state of her voice. I am in much the same position but, bearing in mind that I have only 13 or 14 minutes left, I dare say my voice will hold up.

I congratulate my three noble friends on their maiden speeches. My noble friend Lady Eaton brings great experience of local government, especially in Yorkshire, and of the Local Government Association. She emphasised the need for localism, which is important to all of us in the coalition. We will be committed to localism, and I hope she will look forward to seeing the localism Bill come forward in due course. My noble friend Lord Taylor of Goss Moor brings enormous experience as chair of the Rural Coalition. We welcome the report it produced and will consider it carefully. We are grateful for the various recommendations it makes which, as my noble friend said, highlight the importance of enabling local government and empowering local communities. That is entirely in line with the coalition’s thinking. The third maiden speech was by my noble friend Lord Younger. I now feel really very old in this House because he is the third Lord Younger who I have sat here with. We are grateful to him for all he had to say, and particularly for what he had to say about the big society. Recent research by my department has shown that social cohesion can be stronger in rural areas. It is therefore clear that they will be among the areas that we hope will take up the big society challenge most readily.

Like all speakers, I offer my congratulations to my noble friend Lord Gardiner on introducing this debate and on attracting such an impressive list of speakers. As many of them said, it would have been far better if we could have devoted five hours to this matter rather than the two and a half hours available for balloted debates.

I start by underlining the Government’s support for the Prince’s Countryside Fund and for the invaluable work that it has already started to undertake on behalf of rural communities. Defra will be fully committed to it, and my right honourable friend the Secretary of State met His Royal Highness to discuss it when it was launched. As other noble Lords have done, I offer our congratulations to all those firms that have agreed to offer support to the fund and join my noble friend Lord Gardiner in encouraging others to contribute. I think that we will all take up the point made by my noble friend Lord Brooke in considering whether we can make personal donations in due course.

We believe that it is a timely boost for a vital part of our society. Agriculture plays an important part within the food chain. In 2009, agriculture had a gross value added of more than £7 billion and employed more than 500,000 people in the United Kingdom. Agriculture is notable for the area of land that it covers. The noble Lord, Lord Rogan, emphasised the figure for Northern Ireland, which is considerably higher than that for England. Even in England it is 70 per cent. We also had a figure for the principality from the noble Lord, Lord Rowe-Beddoe, which again was higher than that for England.

In passing, I was particularly touched by the noble Lord’s remarks about the sweet lamb from the Cambrian Mountains. It reminded me of an earlier prince from Wales and a poem by Thomas Love Peacock, which included the lines:

“The mountain sheep were sweeter,

But the valley sheep were fatter;

We therefore deemed it meeter

To carry off the latter”.

It might be sweet meat that we want, but from the mountains it would be better.

Because of the limited amount of time, I should like to address some of the points that have been put to me. First, I was reminded by the noble Baroness, Lady Quin, of the issue of the Commission for Rural Communities. We have made it clear that, sadly, the commission must go. Our top priority has to be tackling the deficit that we have inherited from the party opposite. Where we can remove duplication and improve efficiency we will do so. Therefore, we will remove certain bodies. However, I want to make it clear that that is not a reflection on the commitment and quality of work undertaken by the CRC, its staff, its commissioners and, in particular, its chairman, Dr Stuart Burgess, over the past four years. We believe that we can do a lot of that work within the department. It is certainly not a reflection of the Government’s lack of commitment to rural issues.

Housing was raised by a number of noble Lords. It was first raised by the noble Lord, Lord Best, who probably knows more about this issue than anyone. I do not have time to deal with all the detailed points that he put forward, but certainly within Defra and the Department for Communities and Local Government we will look carefully at what the noble Lord had to say and will continue within those departments to work closely on the policy to support the delivery of rural housing and to ensure that housing and planning policy reflects the needs of rural communities. In response to the noble Lord and to, I think, my noble friend Lord Liverpool who raised the 75 per cent, obviously we have brought that down from its original figure, but colleagues in DCLG will consider that, as appropriate, in due course.

The right reverend Prelate the Bishop of Guildford and the noble Baroness, Lady Mallalieu, talked about the need, as the right reverend Prelate put it, to connect consumers with countryside issues. The noble Baroness, Lady Mallalieu, talked about the need for education. I think that she referred to the need to remove that layer of concrete between, particularly, children and the land itself. I can assure her and the right reverend Prelate that we support a number of initiatives that try to connect people with the land. She will know about Open Farm Sunday where we encourage people to go to farms and discover what they do. As she knows, it is amazing how much ignorance there is about where food comes from. Certainly, we can look at improving access for schools to farms, which can be encouraged through various environmental stewardship schemes. My understanding is that approximately 1,000 farms make themselves available for those valuable educational trips.

The abolition of the agricultural wages boards was raised by the noble Lord, Lord Roberts of Llandudno, and the noble Baroness, Lady Quin. The noble Baroness will remember that we made the decision to abolish the AWBs in July of last year and to bring agricultural workers within the scope of the National Minimum Wage Act. Since those agricultural wages boards were set up, we have moved on. Employment legislation and protection for workers have changed, and there is no longer the need for special, separate arrangements for one sector. We want to reduce the regulatory burdens on the industry, and to allow it to decide on its own priorities, to ensure that there can be negotiations without the intervention of the agricultural wages boards. Again, it is part of the reduction in the fairly large number of arm’s-length bodies with which the Department for Environment, Food and Rural Affairs is burdened. As a result of abolishing them and other bodies, we are reducing between 30 and 35 of those bodies from a total of 90, but there probably will be more to come.

Broadband was raised by my noble friend Lord Plumb and, I think, the noble Lord, Lord Kennedy. They highlighted the fact that in this digital age too many rural areas still have limited access to broadband. Something like one-third of our farmers have no access at all. I believe that this is unacceptable, which is why we are committed to working with business and community groups to ensure the rollout of universal broadband with a clear focus on improving the situation in rural areas, on improving existing businesses and on kick-starting new ones. At this stage I cannot give any predictions of how fast we will be able to go in this matter, but I can assure the House that there is that firm commitment to making progress in this area.

My noble friend Lord Kimball and others stressed the importance of getting new skills into farming and encouraging new farmers. My noble friend Lady Byford also stressed the importance of succession in the smaller hill farms. I agree entirely and I appreciate the importance of providing encouragement. We will certainly continue to support the AgriSkills Forum, an industry-led project to increase skills in the farming industry and to improve the attractiveness of farming in order to recruit the best people in the future.

One is tempted to say that as most farms are small, family-run businesses, one should always remember that it is a matter for the parents in those small businesses to make the business attractive to their sons and daughters if they want them to join them. No doubt, that matter is beyond the control of the Government.

I am mindful of the time and I want to allow my noble friend at least one minute to wind up this debate. I conclude by confirming that we recognise and respect the varied, vibrant rural communities that exist throughout the country. We will do all that we can to assist those communities to prosper and improve. We believe that the Prince’s Countryside Fund is an exciting and welcome initiative, which will be an important catalyst in helping to achieve this objective.

Bovine Tuberculosis

Lord Henley Excerpts
Thursday 22nd July 2010

(13 years, 10 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Henley Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
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Tuberculin skin tests are the internationally accepted standard for detecting TB. Many countries have eradicated TB using a test and slaughter approach. In England, evidence suggests that without addressing the disease in badgers, it will be impossible to eradicate TB in cattle. The department has committed to developing affordable options for a carefully managed and science-led policy of badger control in areas with high and persistent levels of bovine TB.

Lord Dixon-Smith Portrait Lord Dixon-Smith
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My Lords, I thank the noble Lord for that response. There is evidence that the present testing regime correctly identifies the presence of tuberculosis within a herd, but no longer identifies all the infected animals so that after a series of tests, a residue of infection is left within the herd which can continue to spread the disease despite the removal of the identified animals. Will the noble Lord ask the Government to conduct a thorough review of the implications of this? The existing regime is not satisfactory and there are managerial consequences for biosecurity on the farm. Although this programme was very successful half a century ago, it is not working now. We are effectively burning pound notes.

Lord Henley Portrait Lord Henley
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My Lords, I accept that there are occasions when using the current test—what I have described as the internationally accepted comparative test—that some cattle are missed. If we move to another test, known as the single test, there is a possibility of a greater number of what are described as false positives, which again would not be satisfactory. A further test is used, a blood test which is known as the gamma test, and we can look at it. I can give my noble friend an assurance that we will look at all three, but for the moment we think that the comparative test is the best one to use.

Lord Livsey of Talgarth Portrait Lord Livsey of Talgarth
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My Lords, I declare an interest as an associate member of the British Veterinary Association. Does my noble friend agree that blood testing is a good alternative or addition to skin testing and reveals more reactors? Will he consider a Defra policy of blood testing as well as skin testing in bovine TB hot spots, particularly where the badger population is considerable?

Lord Henley Portrait Lord Henley
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My Lords, my noble friend, I think, refers to the gamma interferon blood test, which is used alongside the tuberculin skin test in certain prescribed circumstances to improve the sensitivity of the testing regime and identify more affected animals more quickly. I shall certainly look at whether it is possible to use that test solely, but, as I said earlier, for the moment, we believe that the comparative tests that we are using are possibly the best.

Baroness Quin Portrait Baroness Quin
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My Lords, will the Minister join me in welcoming the sharp, 25 per cent decline in bovine TB which is recorded in today’s Farmers Guardian, for example. Given that Defra has shelved its own vaccination project, will the Minister assure us that the department will continue strongly to support vaccination and assist those farmers who wish to use it?

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Lord Henley Portrait Lord Henley
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My Lords, the noble Baroness is correct to say that there has been a decline. Addressing bovine TB still involves great expense, in compensation, testing, research and surveillance. Something of the order of £63 million was spent on it in 2009-10. Some £29.9 million has been invested over the years in vaccine development. We shall continue to work on vaccine development and encourage others to do so as well.

Baroness Masham of Ilton Portrait Baroness Masham of Ilton
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My Lords, can foxes and rabbits carry bovine tuberculosis?

Lord Henley Portrait Lord Henley
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The noble Baroness has absolutely stumped me. I do not know whether foxes and rabbits can spread bovine TB. We know that badgers are the principal problem, which is why we want to address them first, but if there is a problem in foxes and rabbits, I am sure that we will look at that as well.

Baroness Trumpington Portrait Baroness Trumpington
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My Lords, before breeding cattle are imported into this country, are they sufficiently checked to make sure that they have certificates stating that they are free from TB, and, if not, why not?

Lord Henley Portrait Lord Henley
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My Lords, my understanding is that when breeding cattle are imported—the same would be true of export—the single test would be used. As I have said, that test can be more accurate, but it leads to more false positives. However, in the cases to which my noble friend refers, a false positive would be better than missing some of the others.

Lord Clark of Windermere Portrait Lord Clark of Windermere
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My Lords, the Minister mentioned budgets. Will he update us on the Government’s latest position on making progress against badgers if they are going to do so?

Lord Henley Portrait Lord Henley
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My Lords, we are looking at all the relevant key evidence, including the published scientific evidence from what was referred to as the “randomised badger culling trial” and subsequent post-trial analysis. Having looked at that, we will draw up proposals. We will then consult on them and consider the best way forward.

Lord Soulsby of Swaffham Prior Portrait Lord Soulsby of Swaffham Prior
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My Lords, in the late 1940s and early 1950s, a rigorous attack was made on bovine TB, consisting of the double intradermal test, strict regulation of movement of cattle, the attested herd scheme and the TT scheme for milk production. I had the pleasure of participating in that as a young vet. We very nearly eliminated TB from the United Kingdom. It was only when it got into wildlife and badgers in particular that it went astray.

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Lord Henley Portrait Lord Henley
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My Lords, we have every intention of attacking the problem vigorously, but whatever we do will be based on the science that is put before us. We will make sure that we understand that science and act on it.

Lord Walton of Detchant Portrait Lord Walton of Detchant
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Does the Minister accept that one of the problems with skin testing for tuberculosis in both animals and man is that it does nothing more than indicate that the individual has at some stage been infected with tuberculosis but cannot, under all circumstances, indicate the presence of an active infection, because the infection may well have died out some time ago?

Lord Henley Portrait Lord Henley
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My Lords, the noble Lord knows far more about these matters than many in the House and I listen to him with great respect. I shall certainly take on board what he says. As I said, at the moment we believe that the comparative test is the right one but, as the noble Lord well knows, there are other tests at which we can, and will, look.