Animal Welfare (Electronic Collars) (England) Regulations 2023

Lord Jones Excerpts

Tuesday 13th June 2023 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, these draft regulations were laid before the House on 27 April. The purpose of the instrument is to promote the welfare of cats and dogs by prohibiting the use of electronic collars capable of emitting an electric current when activated by a handheld device. As noble Lords will be aware, animal welfare is a devolved issue. Therefore, these regulations apply to England only.

These collars are sometimes described as electric shock collars or e-collars. The instrument will make it an offence for a person to attach, or cause the attachment of, an e-collar to a cat or a dog. It will also make it an offence for a person responsible for a cat or dog that is wearing an e-collar to be in possession of a remote control device designed or adapted for activating the collar. This proportionate and targeted ban will not prevent the continued use of other electronic collars which are not associated with such harm and abuse. These include those that emit a vibration or a spray, as well as invisible fencing or containment systems.

This instrument fulfils a commitment given by the Government in response to their 2018 consultation on electronic training collars for cats and dogs in England. This commitment was reiterated in Defra’s 2021 action plan for animal welfare. Concerns about the capacity for e-collars to cause harm to cats and dogs have consistently been raised with the Government. In response, Defra commissioned research to understand the effect of these devices on the welfare of domestic dogs. The research showed that many owners do not read the manufacturer’s instructions prior to use. It also showed that e-collars have a negative impact on the welfare of some dogs, even when used in compliance with the manufacturer’s instructions. E-collars may also redirect aggression or generate anxiety-based behaviour, worsening underlying problems.

In developing these regulations, we have listened carefully to a range of views from pet owners and respondents and have consulted key organisations, including animal welfare and dog owning organisations, veterinary organisations, e-collar manufacturers, dog trainers and behaviourists. We engaged with both those who support the use of e-collars and those who do not.

I am aware of concerns raised by some colleagues regarding the implications of these regulations on livestock worrying. I assure noble Lords that very careful consideration was given to this matter. My officials liaised closely with the National Police Chiefs’ Council lead on livestock worrying, and with several English police forces, as well as police from Wales. They noted that the vast majority of livestock worrying cases involve dogs that have escaped from the premises on which they are kept without their owners knowing. These are cases that hand-controlled e-collars could not have prevented. We therefore maintain that owners keeping dogs in secure premises and ensuring that they are kept on leads when walked in close proximity to livestock is the most effective line of defence against dog attacks of this nature.

We have also considered the impacts of the ban under the Equality Act 2010. Most people who reported having a protected characteristic, when responding to the 2018 consultation or writing to the department since, noted that they relied on the vibration function of e-collars, so the impact of the ban on people with a protected characteristic will be minimal.

We consider that this instrument is an appropriate and measured response to the welfare concerns raised and to the outcomes of the Defra-commissioned research and public consultation. The Scottish Animal Welfare Commission has also recently conducted its own review. It concluded that e-collars should be banned for any training purpose. The same conclusion was reached by other nations that have already banned the use of these devices, including Wales, Austria and Germany. However, the instrument will allow His Majesty’s Armed Forces to continue to use e-collars controlled by handheld devices where this is needed for national security reasons. The Government recognise that some pet owners and trainers have been using e-collars for some time. This means that they will need time to retrain their pets to respond to alternative training methods and devices. For this reason, we have built in a transition period until 1 February next year, when the ban will come into force. I beg to move.

[Lord Jones (Lab)]

My Lords, I thank the Minister for his introduction. I acknowledge his confident sign- posting of where the regulation takes us. It is clearly a very welcome regulation; there are millions of cat and dog owners who are hugely fond of their pets and will, no doubt, greet the mention of electronic collars with quite some repugnance. The Minister can be congratulated on his regulation, which will surely be wholeheartedly greeted with no little relief by many pet owners.

The regulations are securely rooted in the Animal Welfare Act 2006—perhaps a landmark Act of its kind. We should thank the department for them. As a dog lover, and a dog owner at one time, I recollect our late dog: a black lab, named Sweep. He was a failed gun- dog and, for sure, he had neither courage nor aggression. When we were burgled, I rather think he was the welcoming group for that misdemeanour.

I have only a few brief questions. Mainly as a point of principle and for the record, will the Minister expand a little on paragraphs 4.1 and 4.2 of the Explanatory Memorandum? How did he or his department consult the Senedd? It is a trifle delphic. It is not sophistry, of course, but perhaps he might expand on those paragraphs a little.

Further, paragraph 7.13 refers to His Majesty’s Armed Forces. How will this operate? In what circumstances does the Minister envisage paragraph 7.13 operating? One might presume that an MoD dog with an electronic collar would be very obedient and might even, if it is doing its work, in some circumstances cease to worry a trespasser. One does not know, so perhaps the Minister could indicate how that might work.

Paragraph 10.4 of the Explanatory Memorandum is about consultation. Can the Minister give a brief summary—a précis—of those involved? Maybe they are well-known national organisations, and it may come easily to his memory whom he or his department consulted. Again, I congratulate him on the regulations and a helpful Explanatory Memorandum.

[The Duke of Montrose (Con)]

I thank my noble friend the Minister for laying out these regulations and the work that has gone into drawing them up. I declare my interest as a vice-president of the National Sheep Association. Of course, worrying by dogs is a major concern for the industry. I have had sheep worried by family pets, and it is very sad for all concerned because, at the moment, the only cure for a dog that is worrying sheep is to have it put down. If a dear family pet fails in this way, often people send it away somewhere else, which does not really solve the situation.

Recently, the secretary of the NSA issued a statement that some farmers in Wales are finding that they can train a dog not to worry sheep by using electronic collars. It is not a question of monitoring the collar but of training the dog. This could prevent the putting down of healthy dogs. Has this been considered? The collars are limited to shocks of about 5,000 volts, whereas electric fences and so on can be about 35,000 volts, which animals quickly come to recognise. This is an area where the limits covered by this measure might have to be reconsidered.

Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020

Lord Jones Excerpts

Wednesday 27th January 2021 Grand Committee

[Lord Jones (Lab)]

My Lords, I thank the noble Lord the Minister for his by now traditional and felicitous introduction of these regulations, which one supports. When I was in another place for 31 years, the NFU would take me each year to four or five farms, both estuarine and hill. Thus one knows enough of farming to know that one does not know.

The persuasive Ms Minette Batters, the NFU president, tells us that food and drink is Britain’s largest manufacturing sector, raising £120 billion annually and employing nearly 4 million fellow citizens. These are massive figures and thus the regulations are urgent. The Economist magazine of 28 November 2020 states that Britain grows or produces some two-thirds of its own food and drink. Surely, we should not let that share fall further. The Royal Agricultural Society would confirm that, in 1984, Britain could have survived for 306 days solely on British produce—its own food and drink. Today, that figure is 233 days, so the respected RAS says. These figures say it all. So much now depends on the recent radical ground-breaking Agriculture Act. Britain’s food and drink security is vital.

To conclude, I make the strongest plea—not for the first time—for the upland farmers and especially their product: sheep meat? They are superb food producers and very much part of British agriculture. The hill farms of the Peak, the Lakes, the moors of the Dart and Ex, and my own homeland—the lovely land of Wales; geographic indeed—are always up against it. Heavy rainfall, ferocious gales, cruel frosts, and snowstorms for ever challenge this most heroic segment of the industry. Yet they deliver—they always deliver. These shepherds at altitude—she and he—need the best possible deal. They remain the backbone of their communities and sustain an especial culture, one that is distinct and ancient. In my homeland, there is also the language of heaven, which must prosper. Of course, our Welsh lamb is the very best, especially with a good red wine.

Rules for Direct Payments to Farmers (Amendment) Regulations 2020

Lord Jones Excerpts

Tuesday 3rd March 2020 Grand Committee

I echo my noble friend Lady Byford’s concerns about Countryside Stewardship Scheme, because the RPA seems to have improved. I know that my noble friend was patron of the Institute of Agricultural Secretaries and Administrators for 10 years. The responsibility falls to me to be its parliamentary patron, which is a great honour. It is very concerned about the late payments by the Rural Payments Agency, particularly in England. Could my noble friend use his good offices in this regard? My main plea, obviously, given that farmers now have great difficulties getting on to the land, is this: could my noble friend seek a derogation from the three-crop rule as a matter of urgency to spread the load? Could he tell us when the remaining SI will come before us? A highlight of something we might expect to see in the Budget this year would be extremely welcome.

[Lord Jones (Lab)]

My Lords, it is good to follow the noble Baronesses, Lady McIntosh and Lady Byford. I thank the Minister for his considered introduction to these detailed and complex SIs.

It is clear that the department has gone to some trouble to be helpful in its Explanatory Memorandum. Thanks should be given for that, but to the uninitiated lay man these SIs remain complex. For example, the explanation of Article 21, such as it is, goes from page 6 right through to page 7 of the instrument. Page 15 of the Explanatory Memorandum refers to the challenging horizontal regulation, which the Minister tangentially referred to. He might wish to give further explanation to those who might not know about the horizontal regulation. Page 26 of the instrument refers to the 67 permitted varieties of hemp. My challenge to the Minister is: which one does he recommend? Is it Fedora or Silvana? He does not have to answer that, but he has so much insight into the industry that he or his officials might have a recommendation.

These SIs affect the day-to-day lives of thousands of our farmers. They might farm few or many acres. Bearing in mind the humanity of the situation and the personal anxieties that have occurred or might well occur, do he or his officials have an estimate of the total overall direct payments annually? Does he know how much money is made over to farmers in a given, and the most recent, year? How many farmers receive payments—one presumes thousands? Does he have a figure regarding these questions for Wales?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords I am grateful to the Minister for setting out so clearly the details of these two statutory instruments and for his time, and that of his officials, in providing a briefing last week. I have listened to the knowledgeable contributions of other noble Lords; this is a complex issue and one of the few where I wish I were a farmer. During our debate at Second Reading, we strayed into areas covered by the Agriculture Bill which had relevance to direct payments. I do understand that, due to the Brexit date of 31 January, the made affirmative process is needed to ensure that farmers get the payments they deserve, and are relying on, in a timely manner. Many of your Lordships would not have started from here, but here we are. We must make the best of it and ensure that our farmers do not suffer financially this year.

The EU makes CAP payments in arrears, to the UK Government and not to farmers themselves. As the noble Baroness, Lady Byford, has said, the euro to pound exchange rate is important during this process: I understand that this has previously been set in September each year. However, we were told at the briefing that this exchange rate will be calculated “soon”. Can the Minister be more specific on when soon will be? There are a number of aspects to these payments, including the young farmers’ scheme to encourage new entrants into farming. Farming is a vital industry on which we all rely, not only for the management of the land but to provide some of the food we eat. Despite what government advisers may think, farming, and indeed fishing, is a vital component in both social and economic prosperity. The basic payment awarded to young farmers, classified as newcomers under 40 years of age and established in the previous five years, is increased by 25% for the first five years and 2% of the national budget allocation is used to finance this supplement. This payment comes on top of other measures young farmers can benefit from under previous rural development programmes. Under the EU, this payment was mandatory for member states. Can the Minister give reassurance that this payment will continue, despite the leaked information over the weekend? I welcome the changes to guidance for young farmers, and the removal of the need for new entrants to produce a yearly certificate of proof of their youth. This change in the bureaucracy is welcome and I look forward to more of this in the Agriculture Bill.

At Second Reading, we debated the environmental land management schemes which are currently being piloted and are due to begin rollout in 2024. Under the previous EU regime, the greening scheme gave the farmers involved, in addition to the basic payment or the single area payment, an additional payment per hectare for using climate-friendly and environment-friendly farming practices. This was previously 30% of the national funding allocations for this greening payment. As the Committee has already heard, this included crop diversification, maintaining existing permanent grassland and maintaining an “ecological focus area” of at least 5% of the arable land. I am sure all noble Lords are aware that stiff penalties existed for failing to meet these greening requirements. Are these previous greening schemes the ones now being replaced by the environmental land management schemes? Is the money received under ELMS by farmers who previously participated voluntarily in the greening schemes likely to be equivalent to, more than or less than what they could have expected to receive previously?

Lastly, I understand that the payments due to be made under the Bew review do not form part of these two statutory instruments. Scottish and Welsh farmers are keen to know when these payments are likely to be made. When will the Bew review money pass through the statutory process and arrive with farmers? I look forward to the Minister’s response to this debate and am happy to approve these two statutory instruments.

Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019

Lord Jones Excerpts

Wednesday 16th October 2019 Grand Committee

[Lord Jones (Lab)]

My Lords, these regulations are surely needed. I thank the Minister for his introduction. As ever, he was very cogent and persuasive and spoke from experience. However, to me and to others these regulations appear very complex. From the Explanatory Memoranda, it is clear that the officials of his department have helpfully gone to great trouble, but the regulations are still very complex. The Minister will not mind me asking a few questions and making a few observations.

I note that there has been considerable consultation, not least with tenant farmers, the Country Land and Business Association, the Farming Community Network and the ubiquitous and influential National Farmers’ Union. That is to the credit of the Minister and the department. These five sets of regulations cover agriculture, markets, import and export licences and the organisation of markets. They necessarily go on. The Minister mentioned the devolved Parliaments across Britain. When he replies, will he say which Ministers in each of the devolved Parliaments he or his colleagues have consulted? Notwithstanding that the devolved Parliaments have primacy, it appears that the Minister and his department have brought things together, particularly at a time such as this when Brexit is an overarching issue.

--- Later in debate ---

I will look at Hansard because there some other points may have been raised. I think I have covered everything, unless the noble Lord wanted me to emphasise something.

[Lord Jones]

The Minister is very persuasive. He persuades me to request that he writes, when he considers the debate, with as many assurances as he dares.

[Lord Gardiner of Kimble]

I think I have given the Committee assurances that these statutory instruments are technical and operable. We have gone into a wider debate about the Government’s support for agriculture and agricultural communities. We want agriculture to prosper in all parts of the kingdom. We obviously look to the farmer for many things, and we will continue to do so. This is an opportunity for me, in declaring my farming interests, to say that we must work very productively with farmers across the United Kingdom, for all the reasons I have outlined. I give that assurance to the noble Lord and to the Committee.

Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019

Lord Jones Excerpts

Wednesday 8th May 2019 Lords Chamber

So, yes, we welcome the transposing of the standards, which will offer further protections to consumers on food standards and more protections for our farmers and the environment—but what guarantees can the Minister give that, if we leave the European Union, those food protection standards will be maintained?

[Lord Jones (Lab)]

My Lords, I thank the Minister for his helpful and honest introduction. I note that this statutory instrument is headed, “Exiting the European Union. Agriculture. Food”. It also refers to marketing and agricultural products.

My concern today is sheep farming, the sheepmeat industry and the upland communities of Wales and, indeed, across Britain. It is a truism to say that Brexit is a huge moment in our national history. My hope is that the sheepmeat industry, the farmers of our uplands and the scattered communities in which the farmers and their families live will not lose out as we leave the European Union.

I know that the Minister knows his agriculture—he farms—and the Secretary of State for agriculture is a lively participant in the agriculture and environment scene. I would like the department to assure us that government will make every effort to protect and advance the sheepmeat industry. Nobody in the upland communities of Wales, for example, is enriched by running their flocks across the scenic hills of Wales. It is a challenging and demanding life, and as well as being able to make a living, these able and experienced farmers make a major contribution to the landscape. Consequently, it is free of scrub, birch, gorse and bracken. If the industry falters, the far-flung, supportive villages of these handsome hills will also falter.

Here is a way of life. It is a culture and the heritage of many centuries. It is very supportive of the needs of the people of Britain. These communities are owed a great deal from any Government of the day. I hope that the Minister will boldly declare that across all the British Isles, but certainly in Wales, the Government will fight to make sure that this beleaguered industry, which faces major problems, can survive and be enhanced.

The Minister will know that when the magnificent, red-shirted XV take the field in the national stadium, they want to win, and they recently won against those in white shirts from England. In this instance, I am asking a Minister from England to be of service to Wales. I remind the House that many millions of sheep graze on the slopes of the hills in the lovely land of Wales. Sheepmeat is an industry, and we wish it to be kept. We hope Ministers will give us that assurance.

[Lord Grantchester (Lab)]

I thank the Minister for his introduction to the regulations. I declare my interests as set out in the register, being in receipt of EU funds. The House may well have thought it had dealt with the multitude of EU exit orders prior to the UK’s non-exit on 29 March, but they continue and will continue. With such a torrent, it is not entirely unexpected that there may well have been minor drafting errors to correct and technicalities to update and I appreciate the conciliatory way the Minister has addressed those issues today. Those issues will not detract from the praise due to him and his team for how he has handled the process and undertaken discussions around the House across a wide range of subjects in such a short period. I think his department probably comes second only to the Treasury in the number of statutory instruments it has to process.

These regulations amend five previously agreed EU exit orders to correct minor drafting errors and incorporate recent amendments made by the European Commission to CAP legislation relating to direct payments and marketing standards in the fruit and vegetable sectors, even those made as recently as 28 March. The main alteration is that member states are now able to make further inter-pillar transfers from Pillar 1 direct payments to Pillar 2 rural development for a further year until 31 December 2019. In the UK, decisions on inter-pillar transfers are devolved. The other pertinent amendments make it clear that marketing standards for mixes of fruit and vegetables apply to mixed packages and make a number of small changes to the general and specific marketing standards in order to align the UK marketing standards with the latest United Nations Economic Commission for Europe marketing standards.

Of note is that continuing updates are likely as negotiations continue around the UK’s EU exit as regards continuing changes made at EU level. While this is clear up to the date of exit, will the Minister confirm what this means in relation to any transition period? I note that the noble Baroness, Lady McIntosh, has concerns on these issues. When any divergence between the EU and UK could begin and the Government’s policy in any transition period are of great importance. Will the Minister confirm my understanding that during any transition period after EU exit day the Government will continue to incorporate into UK law EU measures to ensure the operability of the statute book? Again, I acknowledge that certainty will be maintained with regard to the existing regime through the Treasury’s guarantee to continue the status quo. The importance of that was highlighted by my noble friend Lord Jones in relation to sheep farming in Wales.

These regulations update EU regulation 1307/2013 to give effect to the new discretion for member states to continue to determine inter-pillar transfers of up to 15% up to 31 December 2019. It is worth reflecting that there is already divergence in the rate between the constituent parts of the UK, with Scotland, as noted by previous speakers, at 9.5%, England at 12% and Wales already at 15%. Can the Minister confirm what the position could be in relation to Northern Ireland and say who, in the present predicament, would make any decisions there? Can he also confirm that the devolved Administrations will still be able to decide their own flexibility for inter-pillar transfers? Does it concern him that the range between 9.5% and 15% is considerable and could affect food production and competition within the UK?

Paragraph 7.7 of the Explanatory Memorandum says:

“The impact of the amendments … is deemed to be negligible”.


I agree that this added year for any decision regarding transfers is in itself negligible but the decision to increase the transfer rate is certainly not negligible, and the monetary change can affect farmers, the food chain and the environment. Will the Minister acknowledge that a change in the rate of transfers between Pillars 1 and 2 is significant?

Perhaps I might also follow up with a concern. As the Minister knows, the Rural Payments Agency has had, and continues to have, problems with performance. What action are the Government taking to improve performance with the BPS while the UK remains part of the CAP and to ensure that the RPA’s structure is able to adjust to any new regime consequential to a new agriculture Bill?

It is important to the food chain that marketing standards in the fruit and vegetable sector continue to function effectively to protect the interests of consumers as well as businesses in the sector. Does the Minister agree, and the Government commit, to the continuation of common standards with the EU after Brexit? The continuation of close co-operation with the EU is imperative for agriculture, industry and consumers. Otherwise, I am very happy to approve the regulations before the House today.

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

Lord Jones Excerpts

Monday 22nd January 2018 Lords Chamber

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

My Lords, I am pleased to introduce these regulations. Air pollution is the biggest environmental risk to public health in the UK. Air quality overall has improved significantly in recent decades. Emissions have decreased across each of the five key air pollutants—sulphur dioxide, particulate matter, nitrogen oxides, volatile organic compounds and ammonia. We need to ensure that these improvements continue through concerted action by government and local authorities in collaboration with others.

In some parts of our country there are unacceptable levels of air pollution. The Government are committed to tackling this and improving air quality, and are working to make sure that concentrations of nitrogen dioxide come within statutory limits. We are also looking to reduce total emissions of air pollution through legally binding targets for 2020 and 2030. On a local level, authorities across the country are developing local plans to tackle air pollution. The measures they bring forward—including, potentially, clean air zones—will include encouraging the replacement of old, polluting vehicles with modern, cleaner technologies. It is also important that we look to encourage the replacement of the most polluting forms of energy production.

The regulations before your Lordships relate to medium combustion plants and generators. These are a largely unregulated, significant source of emissions of air pollutants. For example, emissions of nitrogen oxides from diesel generators are on average more than six times higher than emissions from gas engines.

These regulations will implement the medium combustion plant directive, in adherence to our membership of the EU. Emissions from small-scale, highly polluting generators have also caused concern. The Government are looking to take robust action to tackle this source of emissions by introducing further domestic measures that impose additional emission controls on these generators.

These regulations are highlighted in the 25-year environment plan, launched earlier this month. They will encourage a shift to cleaner technologies and will assist in meeting the requirements of the ambient air quality directive and the revised national emission ceilings directive. Subject to your Lordships’ consent, they will make a valuable contribution to improving air quality, thereby protecting human health and the environment.

Emissions from plants over 50 thermal megawatts are already regulated under the industrial emissions directive. These regulations bring into scope medium combustion plants, which are in the 1 to 50 thermal megawatt range and are used to generate heat for large buildings such as offices, hotels, hospitals and prisons. They are also used in industrial processes, as well as for power generation. Implementing the medium combustion plant directive, commonly referred to as the MCPD, will help to reduce air pollution by introducing emission controls for these combustion plants.

As well as transposing the requirements of the MCPD, these regulations will impose new domestic requirements on the operators of low-cost, small-scale flexible power generators. There has been a rapid growth in the use of this type of generator in this country in the last few years. The recent growth of mainly diesel generators is a cause for concern. These generators emit high levels of pollutants such as nitrogen oxides compared to other medium combustion plants, and they are not currently subject to emission controls. This growth has a negative impact on local air quality as well as on our ability to meet future emission reduction targets on a national scale.

The MCPD requirements are not sufficient in themselves to tackle emissions from the increased use of these generators. The proposed regulations will subject generators to permitting and a nitrogen oxides emission limit. As a result, the regulations will ensure that diesel generators reduce their emissions to the same level as gas generators.

These regulations will provide an estimated 43% of the sulphur dioxide emissions reduction, 9% of the reduction for particulate matter and 22% of the nitrogen oxides emissions reduction needed to meet our 2030 targets. They are supported by organisations including the British Heart Foundation, the British Lung Foundation and the Royal College of Physicians. The regulations will encourage the use of cleaner plants and generators and will require those which pollute more to have technology fitted to bring their emissions within the specified limits.

Clean air is one of the most basic requirements of a healthy environment for us all to live, work, and bring up families. Clearly there is a strong case for action and we have a clear ambition and policy agenda to achieve this. These regulations will make a real impact and are a further demonstration of our commitment to improve air quality in this country. I beg to move.

[Lord Jones (Lab)]

My Lords, as ever, the Minister has made helpful and succinct introductory remarks to this statutory instrument, for which I thank him. Can he confirm that recently there have been changes at the top of the natural resources body for Wales? Is there a new director and a new chair? Are there any details he can give, either now or at a later date, about the principles of the chair and the director of that body in Wales? What is the extent of the contact and co-operation between the Environment Agency and Natural Resources Wales, bearing in mind that we now have devolved government operating in Cardiff? Can he say what his department’s experience is of dealing with our Government in Cardiff?

[Baroness Bakewell of Hardington Mandeville (LD)]

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

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

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

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

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

Queen's Speech

Lord Jones Excerpts

Wednesday 2nd June 2010 Lords Chamber

[Lord Jones]

I thank the Minister for her exposition of coalition policy and wish her well in her department. It is good to follow the noble Lord, Lord Ryder. I recollect that he was the Government Chief Whip in another place—a veritable street fighter in the Maastricht debates. His considerations on whipping a coalition would be interesting were we to hear them.

Universities provided the backbone of the prosperity on which Britain was built. Today, they are laying the foundations of economic recovery not only in the United Kingdom but across Europe and the rest of the world. As a whole, the sector generates £59 billion per year for our country and its economy, making it bigger than either the pharmaceutical or the advertising sectors. More than 1,000 spin-out companies have been established across the United Kingdom from universities, employing more than 14,000 people. In addition, the universities bring in more than £5.8 billion in foreign currency from tuition fees and other activities. Surely British universities will be a major engine in the recovery machinery for Britain’s hoped-for economic resurgence.

There is a major threat hanging over our universities today. The sector faces huge financial problems. It is true that the universities have had a major increase in income during the past decade but, as the competition from overseas universities increases, so the shortcomings of our institutions become more apparent. Not only do equipment and buildings begin to show their age, but the best talent is often poached by institutions able to offer the latest equipment and facilities.

Too often, the university sector is dominated by a small number of institutions. That is particularly the case with research funding. I know that the apparent imbalance in research funding provided to institutions in Wales is the subject of an investigation by a supportive and successful Assembly Government.

Another area of concern is the sector’s inability fully to address the need for widening participation. Despite a decade or more of a programme to widen participation in the social backgrounds of the student population, today the scope remains remarkably similar to what it was in the mid-1990s. Some universities have embraced the widening participation agenda; others have paid lip service. Glyndwr University, of which I am honoured to hold the title of chancellor, has been leading the way in developing the economic agenda for Wales. The A55 expressway knowledge industries corridor project includes a number of exciting developments across north Wales, bringing the university even closer to private sector employers. It is the champion of widening participation, with one of the highest proportions of students from socially disadvantaged backgrounds of any university in the country. It has an excellent employability record for its graduates, and our students are doing exceptionally well.

The scale of achievements at that university is considerable. New industrial collaboration is being developed with some of the major employers—for example, with Airbus UK, with its 14,000-strong skilled workforce in north Wales. It is working in collaboration with University College London and local companies on a project to build the largest telescope in the world—a project that, if successful, could bring more than £200 million into the north Wales economy. That is an astounding university project and I wish it well. In all of this, the academic staff are supreme.